Fla. Admin. Code Title 6 — Department of Education

Division 6C Board of Regents

Chapter 6C-1 ORGANIZATION, POWERS, DUTIES, AND FUNCTIONS OF THE BOARD OF REGENTS

Fla. Admin. Code R. 6C-1.0001 General Description and Address of Agency

History

• Rulemaking Authority 240.209(1) FS. Law Implemented 120.54(5)(b)6. FS. History–New 8-3-00, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-3 UNIFORM SYSTEMWIDE PROCEDURES AND REPORTING

Fla. Admin. Code R. 6C-3.001 Systemwide Uniform Procedures

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(k), (m), 120.52(15)(a) FS. History–Formerly 6C-2.06, 11-18-70, Amended 7-19-74, Amended and Renumbered 12-17-74, Amended 9-8-77, 8-11-85, Formerly 6C-3.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-3.003 Constitutions of Institutions

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(m) FS. History–New 11-4-74, Amended 12-6-74, 12-17-74, 8-11-85, Formerly 6C-3.03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-3.004 Degrees

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(m), 240.227(20) FS. History–Formerly 6C-2.36, 11-31-69, Amended 12-17-74, 8-11-85, Formerly 6C-3.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-3.006 Accreditation

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(k), (m) FS. History–Formerly 6C-2.57, 11-18-70, Amended 12-17-74, 8-11-85, Formerly 6C-3.06, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-3.007 Management Information System

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(k), (m) FS. History–New 4-8-74, Amended 12-17-74, 8-11-85, Formerly 6C-3.07, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-3.0075 Security of Data and Information Technology Resources

History

• Rulemaking Authority 240.209(1), (3)(q), 282.318(3)(b) FS. Law Implemented 282.318(3)(b) FS. History–New 8-19-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-3.009 Student Financial Aid

History

• Rulemaking Authority 240.209(1), (3)(d), (k), (m) FS. Law Implemented 240.209(1), (3)(d), (k), (m) FS. History–New 6-10-84, Formerly 6C-3.09, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-4 UNIVERSITY PRESIDENTS

Fla. Admin. Code R. 6C-4.002 Presidential Search, Selection, Appointment and Evaluation

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(a) FS. History–New 5-27-75, Amended 12-7-82, 8-11-85, Formerly 6C-4.02, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-5 SYSTEMWIDE PERSONNEL MATTERS

Fla. Admin. Code R. 6C-5.900 State University System General Personnel Policy

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 110.112, 110.131, 228.2001(7), 240.209(1), (3)(f), (m), 240.227(1), (5), (19), 240.253, 447.203(2) FS. History–New 1-24-96, Amended 8-12-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-5.910 Recruitment, Selection, Appointment, and Nonreappointment

History

• Rulemaking Authority 240.209(1), (3)(f) FS. Law Implemented 240.209(1), (3)(f), 240.246, 775.16 FS. History–New 1-24-96, Amended 8-17-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-5.915 Compensation

History

• Rulemaking Authority 240.209(1), (3)(f) FS. Law Implemented 216.011(1)(aa), 240.209(1), (3)(f), 240.283 FS. History–New 1-24-96, Amended 2-1-98, 8-17-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-5.920 Benefits and Hours of Work

History

• Rulemaking Authority 240.209(1), (3)(f) FS. Law Implemented 110.117-110.122, 115.14, 216.011(1)(x), 240.209(1), (3)(f), 250.48, Chapters 121 and 440 FS. History–New 1-24-96, Amended 8-17-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-5.925 Evaluation and Recognition

History

• Rulemaking Authority 240.209(1), (3)(f) FS. Law Implemented 240.209(1), (2), (3)(f), 240.2111, 240.245 FS. History–New 1-24-96, Amended 8-17-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-5.930 Learning Opportunities

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 115.09, 240.209(1), (3)(f), (7), 240.227(11) FS. History–New 1-24-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-5.935 Promotion, Change in Assignment, Demotion and Transfer

History

• Rulemaking Authority 240.209(1), (3)(f) FS. Law Implemented 240.209(1), (3)(f), 240.227(1), (5), (19), 240.245 FS. History–New 1-24-96, Amended 8-17-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-5.940 Tenure and Permanent Status

History

• Rulemaking Authority 240.209(1), (3)(f) FS. Law Implemented 240.209(1), (3)(f), 240.227(1), (5), (19) FS. History–New 1-24-96, 1-30-97, 8-17-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-5.945 Employee Ethical Obligations and Conflicts of Interest

History

• Rulemaking Authority 240.209(1), (3)(f) FS. Law Implemented 104.31, 112.313, 112.3145, 240.209(1), (3)(f), 240.227(1), (5) FS. History–New 1-24-96, Amended 8-17-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-5.950 Disciplinary Actions, Complaints, and Appeals

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.209(1), (3)(f), 240.227(1), (5), 240.261, 447.209 FS. History–New 1-24-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-5.955 Separations From Employment and Layoff

History

• Rulemaking Authority 240.209(1), (3)(f) FS. Law Implemented 240.209(1), (3)(f), 240.227(1), (5), (19), 447.209 FS. History–New 1-24-96, Amended 8-17-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-6 STUDENTS

Fla. Admin. Code R. 6C-6.001 Admissions

History

• Rulemaking Authority 240.209(1) FS. Law Implemented 240.209(1), (3)(s), (4), (5)(a), 240.2097, 240.227(8), 240.233, 240.529, 240.271 FS. History– Formerly 6C-2.41, 11-18-70, Amended and Renumbered 12-17-74, Amended 1-6-76, 7-13-77, 3-21-82, 12-13-83, 8-11-85, Formerly 6C-6.01, Amended 8-31-86, 4-9-87, 1-7-91, 9-15-91, 11-27-95, 8-12-96, 9-19-00, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.002 Entering Freshmen

History

• Rulemaking Authority 240.209(1) FS. Law Implemented 240.209(1), (4), (5)(a), 240.227(8), 240.115(4), 240.152, 240.233 FS., Chapter 2000-215, Laws of Florida. History–Formerly 6C-2.42, 11-18-70, Amended 5-27-74, Amended and Renumbered 12-17-74, Amended 6-25-80, 3-21-82, 4-16-84, Formerly 6C-6.02, Amended 4-14-86, 4-20-87, 10-19-88, 1-23-90, 1-7-91, 9-15-91, 8-4-92, 5-17-95, 11-27-95, 9-19-00, 11-27-00, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.003 Entering or Transferring Graduate Students and Post-Baccalaureate Professional Students

History

• Rulemaking Authority 240.209(1), 240.233 FS. Law Implemented 240.209(1)(4), (5)(a), 240.227(8), 240.233 FS. History–Formerly 6C-2.43, 11-18-70, Amended 11-20-70, Amended and Renumbered 12-17-74, Amended 1-24-77, 2-28-78, 10-17-78, 8-11-85, Formerly 6C-6.03, Amended 9-19-00, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.004 Transfer Students - Undergraduate

History

• Rulemaking Authority 240.209(1), (3)(r), 240.233 FS. Law Implemented 240.209(1), 240.115, 240.227(8), 240.152, 240.153, 240.233 FS. History– Formerly 6C-2.44, 6C-2.45, 11-18-70, Amended 7-6-72, Amended and Renumbered 12-17-74, Amended 8-1-84, 8-11-85, Formerly 6C-6.04, Amended 4-20-87, 1-6-88, 10-19-88, 1-23-90, 1-7-91, 9-15-91, 11-9-92, 11-27-95, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.005 Acceptance of College Credit by Examination

History

• Rulemaking Authority 240.209(1), (3)(o) FS. Law Implemented 240.209(1), (3)(o), 240.115(5), 240.116(1), (5) FS. History–Formerly 6C-2.67, 11-5-73, Amended and Renumbered 12-17-74, Amended 8-11-85, Formerly 6C-6.05, Amended 10-19-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.006 Acceleration Mechanisms for Program Completion

History

• Rulemaking Authority 240.209(1), (3)(o) FS. Law Implemented 240.209(1), (3)(o), 240.115(4), 240.116(1), (6) FS. History–Formerly 6C-2.69, 1-7-73, Amended and Renumbered 12-17-74, Amended 1-10-78, 8-11-85, Formerly 6C-6.06, Amended 10-19-88, 3-29-89, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.009 Admission of Foreign Students to SUS Institutions

History

• Rulemaking Authority 240.209(1) FS. Law Implemented 240.209(1), 240.227(8), 240.233 FS. History–Adopted 7-6-72, Amended and Renumbered 12-17-74, Amended 6-21-83, 8-11-85, Formerly 6C-6.09, Amended 12-9-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.010 Student Affairs

History

• Rulemaking Authority 240.209(1), (3)(r), 240.2097 FS. Law Implemented 240.209(1), 240.227, 240.2097(3) FS. History–Formerly 6C-2.47, 11-18-70, Amended 7-25-73, Amended and Renumbered 12-17-74, Amended 1-10-78, 2-18-80, 8-11-85, Formerly 6C-6.10, Amended 4-9-87, 11-27-95, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.0105 Student Conduct and Discipline

History

• Rulemaking Authority 120.81(1)(g), 240.209(1) FS. Law Implemented 120.81(1)(g), 240.209(1) FS. History–New 2-18-85, Formerly 6C-6.105, Amended 4-29-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.0115 Observance of Religious Holy Days

History

• Rulemaking Authority 240.209(1), (3)(o), 240.134 FS. Law Implemented 240.209(1), (3)(o), 240.134 FS. History–New 3-29-89, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.015 Student Records and Reports

History

• Rulemaking Authority 240.209(1), (3)(m), 240.237 FS. Law Implemented 228.093(2), (3), (4), 240.209(1), (3)(m), 240.237 FS. History–Formerly 6C-2.67, 6-25-73, Amended and Renumbered 12-17-74, Amended 5-27-75, 5-9-79, 8-11-85, Formerly 6C-6.15, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.016 Summer Session Enrollment

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.209(1), 240.227(17) FS. History–New 6-12-75, Amended 6-25-80, Repromulgated 8-11-85, Formerly 6C-6.16, Amended 1-8-92, 8-19-92, 9-23-93, 11-27-95, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.017 Criteria for Awarding the Baccalaureate Degree

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.107(9), 240.209(1) FS. History–New 8-9-83, Amended 8-11-85, Formerly 6C-6.17, Amended 9-28-86, 10-19-88, 11-27-95, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.018 Substitution or Modification of Requirements for Program Admission, Undergraduate Transfer, and for Graduation by Students with Disabilities

History

• Rulemaking Authority 240.209(1), (3)(p) FS. Law Implemented 240.152, 240.153, 240.209(1) FS. History–New 4-20-87, Amended 9-15-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-6.022 Veterans’ Benefits - Inmate Students

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.209(1), 240.235 FS. History–New 11-7-79, Amended 8-11-85, Formerly 6C-10.11, 6C-10.011, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-7 TUITION AND FEES

Fla. Admin. Code R. 6C-7.001 Tuition, Fee Schedule and Percentage of Cost

History

• Rulemaking Authority 240.209(1), (3)(e) FS. Law Implemented 240.117, 240.124, 240.209(3)(e), (h), 240.235(1) FS., General Appropriations Act, 2001-02, Conference Committee Report on General Appropriations Act, 2000, CS/CS/HB 1567, 2000 Legislature. History–New 4-8-79, Renumbered 12-16-74, Amended 6-28-76, 7-4-78, 8-6-79, 9-28-81, 12-14-83, 7-25-84, 10-2-84, 10-7-85, Formerly 6C-7.01, Amended 12-25-86, 11-16-87, 10-19-88, 10-17-89, 10-15-90, 9-15-91, 1-8-92, 11-9-92, 7-22-93, 8-1-94, 11-29-94, 4-16-96, 8-12-96, 9-30-97, 12-15-97, 8-11-98, 9-30-98, 8-12-99, 8-3-00, 8-28-00, 8-12-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-7.002 Fee Assessment and Remittance

History

• Rulemaking Authority 240.209(1), (3)(e) FS. Law Implemented 240.209(1), (3)(e), 240.227(20), 240.233(1)(b), 240.235(7), 240.2805, 240.291, 240.531 FS. History–New 4-8-74, Amended 7-19-74, Amended and Renumbered 12-17-74, Amended 6-26-75, 2-28-76, 11-1-76, 3-21-77, 9-28-81, 12-13-83, 10-2-84, Formerly 6C-7.02, Amended 4-9-87, 9-15-91, 11-9-92, 8-1-94, 10-2-94, 5-17-95, 4-16-96, 12-28-97, 8-3-00, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-7.003 Special Fees, Fines and Penalties

History

• Rulemaking Authority 240.209(1), (3)(e), (h), (r), 240.235, 240.531(3) FS. Law Implemented 240.209(1), (3)(e), (h), 240.2097, 240.227(20), 240.235(1), 240.264-.267, 240.531(3), 240.533(4)(a), 832.07(1) FS., CS/CS/HB 1567, 2000 Legislative Session. History–Derived from 6C-2.74 and 6C-2.76, Amended and Renumbered 12-17-74, Amended 2-22-76, 6-22-76, 6-28-76, 11-1-76, 9-8-77, 2-14-79, 9-28-81, 12-7-82, 12-13-83, 10-2-84, Formerly 6C-7.03, Amended 1-8-86, 8-11-86, 12-25-86, 6-2-87, 10-17-89, 4-10-90, 1-7-91, 7-2-91, 9-15-91, 8-4-92, 11-9-92, 4-12-93, 5-30-93, 9-23-93, 8-1-94, 1-24-96, 4-16-96, 12-15-97, 8-28-00, 8-12-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-7.004 Deferred Payment of Fees

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 120.53(1)(a), 240.209(1), (3)(e), 240.235(2) FS. History–New 7-19-74, Formerly 6C-2.73, Amended and Renumbered 12-17-74, Amended 1-10-78, 9-28-81, 8-11-85, Formerly 6C-7.04, Amended 4-16-96, 12-15-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-7.005 Student Residency

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 120.53(1)(a), 240.209(1), (3)(e), 240.233, 240.235, 240.1201 FS. History–New 11-18-70, Formerly 6C-2.51, Amended 8-20-71, 6-5-73, 3-4-74, Amended and Renumbered 12-17-74, Amended 1-13-76, 12-13-77, 8-11-81, 6-21-83, 12-13-83, 6-10-84, 10-7-85, 12-31-85, Formerly 6C-7.05, Amended 11-9-92, 4-16-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-7.006 Limitation on Non-Resident Student Enrollment

History

• Rulemaking Authority 240.209(1), (3)(g) FS. Law Implemented 240.209(1), (3)(i) FS. History–New 11-18-70, Formerly 6C-2.52(1), Amended and Renumbered 12-17-74, Amended 12-13-77, 8-11-85, Formerly 6C-7.06, Amended 11-9-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-7.008 Waiver of Tuition and Materials & Supply Fees

History

• Rulemaking Authority 240.209(1), (3)(r), 240.235 FS. Law Implemented 112.19, 112.191, 240.116, 240.209(1), 240.227(9), 240.235(3), (4), (5), (7), 250.10(6), 236.081(1)(j), 288.8175(6), 409.145(3) FS. History–New 7-19-74, Formerly 6C-2.53, Amended and Renumbered 12-17-74, Amended 1-10-78, 9-28-81, 8-11-85, Formerly 6C-7.08, Amended 12-25-86, 9-7-87, 12-9-91, 11-9-92, 9-23-93, 8-1-94, 10-10-95, 4-16-96, 12-15-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-8 EDUCATIONAL DELIVERY

Fla. Admin. Code R. 6C-8.001 University Calendars

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(m), 240.227(17), 229.053(2)(c) FS. History–New 11-18-70, Formerly 6C-2.56, Amended and Renumbered 12-17-74, Amended 6-25-80, 8-11-85, Formerly 6C-8.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-8.002 Continuing Education

History

• Rulemaking Authority 240.209(1), (3)(j), (q) FS. Law Implemented 240.209(1), (3)(j) FS. History–New 11-18-70, Formerly 6C-2.59, Amended 11-20-70, Amended and Renumbered 12-17-74, Amended 12-30-79, 8-11-85, Formerly 6C-8.02, Amended 10-17-89, 9-23-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-8.009 Definition and Process for Establishing Educational Sites

History

• Rulemaking Authority 240.209(1), (3)(o) FS. Law Implemented 240.209(1), (3)(o), 240.2011 FS. History–New 4-9-87, Amended 6-8-92, 2-15-94, 12-2-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-8.010 Incentive/Efficiency Program

History

• Rulemaking Authority 240.209(1), (3)(q) FS. Law Implemented 240.2112 FS., Chapter 93-242, Laws of Florida, 1993. History–New 10-17-89, Amended 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-9 PROPERTY AND FINANCE

Fla. Admin. Code R. 6C-9.001 Purchase and Sale of Real Property

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(m), 240.217, 240.223, 240.225, 253.03, 255.28(1)(d), (4) FS. History–Formerly 6C-3.01(1), 11-18-70, Amended and Renumbered 12-17-74, 7-13-78, 8-11-85, Formerly 6C-9.01, Repealed 6-5-96.

Fla. Admin. Code R. 6C-9.002 Surplus Property

History

• Rulemaking Authority 240.042(1), (2)(a) FS. Law Implemented 240.042(1), 273.04, 273.05, 273.055 FS. History–Formerly 6C-3.01(2), 11-18-73, Amended and Renumbered 12-17-74, 5-10-78, Formerly 6C-9.02, Repealed 2-18-80.

Fla. Admin. Code R. 6C-9.003 University Projects Requiring Financing

History

• Rulemaking Authority 240.209(1), (3)(q) FS. Law Implemented 243.02(3), (4), 243.151 FS. History–Formerly 6C-3.01(3), 6C-3.02(2), 11-18-70, Amended and Renumbered 12-17-74, 8-11-85, Formerly 6C-9.03, Amended 5-30-93, Repealed 4-16-96.

Fla. Admin. Code R. 6C-9.004 Razing of Buildings

History

• Rulemaking Authority 240.209(1), (3)(m), 240.227 FS. Law Implemented 240.209(1), (3)(m), 273.05, 273.055, 240.227, 240.295 FS. History–New 12-8-72, Amended and Renumbered 12-17-74, Amended 7-13-78, 8-11-85, Formerly 6C-9.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-9.005 Naming of Buildings and Facilities

History

• Rulemaking Authority 240.209(1), (3)(m), 267.062 FS. Law Implemented 240.209(1), (3)(m), 267.062 FS. History–New 11-3-72, Amended and Renumbered 12-17-74, Amended 8-11-85, Formerly 6C-9.05, Repealed by Section 18, Chapter 2011-77, Laws of Florida.

Fla. Admin. Code R. 6C-9.007 Financial Policies and Procedures

History

• Rulemaking Authority 240.042(1) FS. Law Implemented 240.042(1), (2)(a) FS. History–Formerly 6C-3.05(3), 11-18-70, Amended and Renumbered 12-17-74, Formerly 6C-9.07, Repealed 5-10-78.

Fla. Admin. Code R. 6C-9.008 Management of Funds

History

• Rulemaking Authority 240.209(1), (3)(a), (m), 240.227(1), (16) FS. Law Implemented 18.10-102, 240.209(1), (3)(a), (m), 240.281, 240.227(1), (16) FS. History–Formerly 6C-3.06, 11-18-70, Amended and Renumbered 2-1-71, 12-17-74, 5-10-78, 8-11-85, Formerly 6C-9.08, Repealed 4-16-96.

Fla. Admin. Code R. 6C-9.009 Budgets of the Instituions

History

• Rulemaking Authority 240.209(1), (3)(a), (c), (m) FS. Law Implemented 240.209(1), (3)(a)(c), (m), 240.227(2), (3) FS. History–Formerly 6C-1.10(2)(d), 6C-3.07, 11-18-70, Amended and Renumbered 12-17-74, 8-11-85, Formerly 6C-9.09, Repealed 4-16-96.

Fla. Admin. Code R. 6C-9.010 Investments

History

• Rulemaking Authority 240.209(1), (3)(a), (m) FS. Law Implemented 240.209(1), (3)(m), 240.287, 215.44, 215.49 FS. History–Formerly 6C-3.08, 11-18-70, Amended and Renumbered 12-10-71, 12-17-74, 8-11-85, Formerly 6C-9.10, Repealed 4-16-96.

Fla. Admin. Code R. 6C-9.011 University Direct Support Organizations

(1) Universities wishing to establish direct support organizations, as provided in section 240.299, F.S., shall request approval by the Board of Regents. Upon approval by the Board, a direct support organization shall be considered to be certified and authorized to use university property, facilities and personal services.

(2) The Director or Chief Operating Officer of the direct support organization shall report to the University President or designee, who shall be Vice President of the University or other senior officer reporting directly to the University President.

(3) Operating budgets of direct support organizations shall be prepared at least annually, approved by the organization’s governing board and recommended by the university president to the Board of Regents for review.

(4) Expenditure plans of direct support organizations shall be reviewed and approved quarterly by the university president or designee, who shall be a vice president of the university or other senior officer of the university reporting directly to the president.

(5) Direct support organizations shall provide for an annual audit and management letter, as prescribed by internal memoranda, which shall be forwarded to the Board of Regents for review and oversight.

(6) University presidents may request that a direct support organization be decertified by the Board of Regents if the president determines that the organization is no longer serving the best interest of the university. The request for decertification shall include a plan for disposition of the direct support organization’s assets and liabilities.

History

• Rulemaking Authority 240.209(1), (3)(r), 240.299(2)(b) FS. Law Implemented 240.209(1), 240.299 FS. History–New 11-18-70, Formerly 6C-3.12, Amended and Renumbered 12-17-74, Amended 4-14-76, 6-25-80, 8-11-85, Formerly 6C-9.11, Amended 9-28-86, 2-13-89, 4-10-90, 12-9-91, 8-1-94, 4-16-96.

Fla. Admin. Code R. 6C-9.013 Auxiliary Operations

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(m) FS. History–New 3-4-74, Formerly 6C-3.14, Amended and Renumbered 12-17-74, Amended 8-29-77, 9-8-77, 8-11-85, 1-8-86, Formerly 6C-9.13, Amended 4-10-86, Formerly 6C-9.13, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-9.014 Internal Auditors

History

• Rulemaking Authority 240.042(2)(a) FS. Law Implemented 240.042(2)(j) FS. History–New 4-8-74, Amended and Renumbered 12-17-74, Formerly 6C-9.14, Repealed 8-11-81.

Fla. Admin. Code R. 6C-9.017 Faculty Practice Plans

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.209(1) FS. History–New 6-12-75, Formerly 6C-9.17, Amended 6-2-87, 10-17-89, 6-6-90, 12-9-91, 10-2-94, 4-16-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-9.018 Charity Racing Day Proceeds

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (2), (3)(m), 550.03(2) FS. History–New 1-24-77, Amended 8-11-85, Formerly 6C-9.18, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-9.019 Trust Fund for Major Gifts

History

• Rulemaking Authority 240.209(1), (3)(q) FS. Law Implemented 240.209(1), 240.2605 FS., Section 35, Chapter 94-230, Laws of Florida. History–New 12-11-79, Amended 6-21-83, 8-11-85, Amended 4-10-86, Formerly 6C-9.19, Amended 10-2-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-9.020 University Health Services Support Organizations

(1) Universities wishing to establish university health service support organizations as provided in section 240.2995, F.S., shall request approval by the Board of Regents. Upon Board approval, a university health services support organization shall be considered to be certified and authorized to use university property, facilities, and personal services.

(2) Operating budgets of university health services support organizations shall be prepared at least annually, approved by the organization’s governing board and recommended by the university president to the Board of Regents for review. The budget shall include compensation and benefits for university employees and employees of the organization.

(3) Expenditure plans of university health services support organizations shall be reviewed and approved quarterly by the university president.

(4) University health services support organizations shall provide for an annual audit and management letter, which shall be forwarded to the Board of Regents for review and oversight.

(5) University presidents may request that a university health services support organization be decertified by the Board of Regents if the president determines that the organization is not serving the best interest of the university. The request for decertification shall include a plan for disposition of the university health services support organization’s assets and liabilities.

History

• Rulemaking Authority 240.209(1), (3)(r) FS., Chapter 95-361, Laws of Florida. Law Implemented Chapter 95-361, Laws of Florida. History–New 10-10-95.

Chapter 6C-10 MISCELLANEOUS PROVISIONS

Fla. Admin. Code R. 6C-10.001 Self-Insurance Programs

(1) University of Florida (UF) Self-Insurance Programs; and University of South Florida (USF) Self-Insurance Program.

(a) The UF is authorized to establish the J. Hillis Miller Health Center Self-Insurance Program and the University of Florida J. Hillis Miller Health Center/Jacksonville Self-Insurance Program, and the USF is authorized to establish the University of South Florida Health Sciences Center Self-Insurance Program for the purpose of providing comprehensive general liability protection, including professional liability protection, for the Board and other persons and entities as provided by law and as authorized by the Board or the Self-Insurance Program Councils. The Self-Insurance Programs shall be funded by contributions paid by or on behalf of protected persons and entities.

(b) The Self-Insurance Programs shall be administered by the following Councils.

1. The J. Hillis Miller Health Center Self-Insurance Program shall be administered by the J. Hillis Miller Health Center Self-Insurance Program Council. The Council shall consist of the following officers of UF: Vice President for Health Affairs, who shall serve as Chair; Vice President for Administrative Affairs; Associate Vice President for Health Affairs; Dean, College of Medicine; Dean, College of Dentistry; three members of the faculty of the College of Medicine appointed by the Dean, College of Medicine; the General Counsel; and the Self-Insurance Program Administrator; and such other persons as from time to time may be appointed to the Council by the Board or by the President of UF; and if Shands Teaching Hospital and Clinics, Inc. (Shands Hospital), participates in the Self-Insurance Program: the Chief Executive Officer and Executive Vice President of Shands Hospital; the Chief of Staff of Shands Hospital; and two members of the administrative staff of Shands Hospital to be appointed by the Chief Executive Officer and Executive Vice President of Shands Hospital.

2. The J. Hillis Miller Health Center/Jacksonville Self-Insurance Program shall be administered by the J. Hillis Miller Health Center/Jacksonville Self-Insurance Program Council. The Council shall consist of the following officers of UF: Senior Associate Dean and Assistant Vice President for Jacksonville Programs, who shall serve as Chair; two designees of the Dean, College of Medicine; Associate Vice President for Health Affairs for External Relations; three Associate Departmental Chairs of the College of Medicine appointed by the Senior Associate Dean and Assistant Vice President for Jacksonville Programs; the General Counsel; the Self-Insurance Program Administrator; and such other persons as from time to time may be appointed by the Board or by the President of UF; and if University Medical Center is protected by the Self-Insurance Program: the President and Chief Executive Officer of University Medical Center; the Chief-of-Staff of University Medical Center; and two members of the administrative staff of University Medical Center to be appointed by the President and Chief Executive Officer.

3. USF Health Sciences Center Self-Insurance Program shall be administered by the USF Health Sciences Center Self-Insurance Program Council. The Council shall consist of the following officers of USF: Vice President for Health Sciences (or his/her designee), who shall serve as Chair; a financial officer of the Health Sciences Center as designated by the Vice President for Health Sciences; four members of the faculty of the College of Medicine appointed by the Vice President for Health Sciences; the General Counsel; the Self-Insurance Program Administrator; and such other persons as from time to time may be appointed to the Council by the Board or by the President of USF; and if the H. Lee Moffitt Cancer Center and Research Institute, Inc. participates in the Self-Insurance Program, the Center Director (or his/her designee).

(c) The powers and duties of each Council shall be:

1. To administer the Self-Insurance Program in accordance with the laws of Florida, and the rules of the Board, the Department of Insurance, and the University;

2. To propose and submit an annual budget for the Self-Insurance Program through the University President to the Board;

3. To develop and propose to the Board a Memorandum of Protection which shall constitute the Self-Insurance Program’s coverage document. The Memorandum of Protection shall contain the insuring agreements, exclusions, and other conditions applicable to persons and entities protected and shall be part of this Rule by reference. The Council shall extend by resolution the protections described in the Memorandum of Protection to persons and entities as authorized by statute and establish the levels of liability protections extended to such persons and entities; however, the Council is not obligated to extend protection to persons and entities as may be authorized by Florida law, except as may be directed by the Board.

4. To contract with an independent casualty actuary to establish funding requirements necessary to maintain the fiscal integrity of the Self-Insurance Program;

5. To appoint a Self-Insurance Program Administrator who shall carry out the policies and directives of the Council;

6. To retain attorneys-at-law to represent the Board and persons and entities protected by the Self-Insurance Program and perform other legal services which are related to the Self-Insurance Program;

7. To establish committees and designate persons as necessary to assist in the performance of its duties, and may authorize such committees or persons to act for and on behalf of the Council. The Council shall establish a Risk Management Committee, which shall oversee the investigation and disposition of such claims and suits protected by the Self-Insurance Program, identify risk factors which cause such claims and suits, and develop and implement risk management programs to reduce or eliminate those risk factors. Such Risk Management Committee shall conduct reviews pursuant to the provisions of section 766.106, F.S., and shall be deemed a medical review committee as defined in section 766.101, F.S.;

8. To purchase excess insurance on behalf of persons and entities protected by the Self-Insurance Program for claims which exceed the level of protection provided by the Self-Insurance Program including claim bills to award compensation in amounts which exceed the protection provided by the Self-Insurance Program or by commercial insurance; to assist entities not described in section 768.28, F.S., which are authorized and approved as allowed by Florida laws to be protected by the Self-Insurance Program, in the procurement of insurance for losses which exceed the levels of protection provided by the Self-Insurance Program as established by the Council, but the Council is not authorized to purchase such insurance with Self-Insurance Program assets; and,

9. To participate in other self-insuring mechanisms such as Risk Retention Groups or captive insurance companies, independently or in association with other compatible entities, subject to the approval of the Board.

10. To deposit Self-Insurance Program income in accounts approved by the Board and managed pursuant to the Self-Insurance Program’s administrative and investment policies;

11. To establish an investment policy which shall be approved by the Board, and to maintain an investment account which shall optimize income for the support of the Self-Insurance Program;

12. To provide for an annual audit of the Self-Insurance Program’s financial accounts by independent auditors. The annual audit report shall include a management letter and shall be submitted to the Board for review.

(2) Captive Insurance Companies.

(a) The Councils defined in subparagraphs (1)(b)1. and 2. are authorized to establish as part of the Board of Regents’ self-insurance program a captive insurance company to be named the University of Florida Healthcare Education Insurance Company (HEIC) and the Council defined in subparagraph (1)(b)3. is authorized to establish a captive insurance company to be named the University of South Florida Health Sciences Insurance Company (HSIC). Each captive (HEIC and HSIC) shall be wholly owned by the Board and established in a domestic or foreign domicile acceptable to the Board. The Articles of Incorporation and Bylaws of each captive are subject to the prior written approval of the Board. Each captive shall insure the Board and may insure any other entity or individual who is authorized by statute to purchase liability protection from a self-insurance program created pursuant to this rule.

(b) Each captive shall provide liability protection as authorized by section 240.213, F.S. The limits of liability protection to be provided for the Board shall be those described in section 768.28, F.S., unless otherwise established pursuant to a written endorsement to the insurance policy issued by the captive. The limit of liability protection for insured entities and persons not described in section 768.28, F.S., shall be as established by the respective Board of Directors.

(c) Each captive shall be managed by a Board of Directors.

1. HEIC shall be managed by a Board of Directors, constituted as follows: the Vice President for Health Affairs of UF, who shall serve as Chair; the Chair of the Board of Regents (or the Chair’s designee); the Vice Chancellor for Health Affairs; the Dean of the College of Medicine; the Senior Associate Dean and Assistant Vice President for Jacksonville Programs; the Associate Vice President for UF Health Science Center Affiliations; the General Counsel of UF; the Self-Insurance Program Administrator who shall serve as President and Chief Executive Officer; and such persons who from time to time may be appointed by the President of UF; and if Shands Teaching Hospital and Clinic, Inc. (Shands) is insured, the Chief Executive Officer and Executive Vice President of Shands and one appointee of the Chief Executive Officer and Executive Vice President; and if University Medical Center (UMC) is insured, the President and Chief Executive Officer of UMC and one appointee of the President and Chief Executive Officer of UMC. The number of Board of Directors shall be a minimum of nine (9), and the maximum shall be fifteen (15); the majority shall be individuals who are not M.D.s.

2. HSIC shall be managed by a Board of Directors, constituted as follows: the Vice President for Health Sciences of USF, who shall serve as Chair; the Chair of the Board of Regents (or the Chair’s designee); the Vice Chancellor for Health Affairs; the Dean of the College of Medicine (or his/her designee); the Executive Associate Vice President for Health Sciences USF; a financial officer of the Health Sciences Center as designated by the Vice President for Health Sciences; the General Counsel of USF; the Self-Insurance Program Administrator; who shall serve as President and Chief Executive Officer; and such persons who from time to time may be appointed to the Board of Directors by the President of USF; and if the H. Lee Moffitt Cancer Center and Research Institute (Moffitt) is insured, the Center Director of Moffitt. The number of Board of Directors shall be a minimum of nine (9), and the maximum shall be fifteen (15); the majority shall be individuals who are not M.D.s.

(d) The Board of Directors of each captive shall carry out the purposes of the entity in compliance with its’ Articles of Incorporation and Bylaws. These management responsibilities shall include:

1. To issue policies of insurance protection which shall establish the perils and risks to be protected and the limits of liability protection in excess of those amounts described in section 768.28, F.S., to be underwritten by the captive. Such limits of liability protection may supplant or be in excess of those liability protections provided by the Self-Insurance Program(s);

2. To act as the underwriting committee;

3. To contract with the Self-Insurance Program(s) for administrative, risk management, claims and other related services. The Self-Insurance Program(s) and the captive shall share equitably in the administrative costs of the self-insurance programs;

4. To annually assess and collect premiums from insured entities and individuals. All premium income shall be deposited in accounts approved by the Board and shall be managed pursuant to the captive’s administrative and investment policies;

5. To propose and submit an annual budget through the President to the Board;

6. To establish an investment policy which shall be approved by the Board, and to maintain an investment account which shall optimize income for the support of the captive;

7. To transfer any risks protected by the captive to commercial insurers through reinsurance, reciprocal or other risk sharing agreements with similar risk bearers;

8. To contract with an insurance management firm licensed in the selected domicile to serve as the registered office of the captive and to provide such services within the domicile as may be required by the insurance code or law of the selected domicile;

9. To accept the transfer of any contingent losses and loss reserves from the Self-Insurance Program(s) if requested by the Self-Insurance Council(s);

10. To contract with a casualty actuary, as defined by the insurance code or law of the domicile of the captive, to perform an annual review to recommend premium income levels to safeguard the fiscal integrity of the captive;

11. To provide for an annual audit of the captive’s financial accounts by independent auditors approved by the selected domicile and the Board. The annual audit report shall include a management letter and shall be submitted to the Board for review.

History

• Rulemaking Authority 240.209(1), (3)(r), 240.213(5) FS. Law Implemented 240.209(1), 240.213, 240.512(3), 240.513(3)(d), 240.5135, 395.0197, 768.28, 766.101, 766.106 FS. History–New 9-17-71, Formerly 6C-3.01, Amended and Renumbered 12-17-74, Amended 5-24-77, 9-8-77, 1-11-79, 12-11-79, 8-11-85, Formerly 6C-10.01, Amended 1-6-88, 10-15-90, 5-30-93, 3-16-95, 11-27-95.

Fla. Admin. Code R. 6C-10.002 Environmental Health and Safety

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(m), 284.50, 440.56(1) FS. History–New 10-7-74, Amended 12-17-74, 11-9-78, 8-11-85, Formerly 6C-10.02, Repealed 11-27-95.

Fla. Admin. Code R. 6C-10.003 Use of Human Subjects in Research

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(m) FS. History–Formerly 6C-2.68, 7-25-73, Amended 12-17-74, 8-11-85, Formerly 6C-10.03, Repealed 11-27-95.

Fla. Admin. Code R. 6C-10.004 Educational Research Centers for Child Development

(1) Each university may establish an Educational Research Center for Child Development in accordance with the provisions of section 240.531, F.S.

(2) Each center shall give highest priority to serving the children of students, followed by the children of both staff and faculty.

(3) Funds appropriated for the Educational and General activities of the State University System shall not be used to staff and operate centers. Operations may be financed either through the capital improvement trust fund fee, activity and service fee allocations, user charges, grants and donations, or any combination of these sources. The use of capital improvement trust fund fees and activity and service fees to subsidize the cost of providing services to the children of staff and faculty shall be minimized. Funds subject to bond commitment may be used only to the extent that current bond obligations and the terms of the trust indenture are met.

(4) University facilities constructed for the accomplishment of the university’s academic mission may be used for university research centers for child development provided that rent is charged, which may be minimal. Such centers will not generate a requirement for fixed capital outlay.

(5) The president shall be responsible for the operation and supervision of the educational research center for child development. The university shall promulgate rules for the operation of the educational research center for child development, including guidelines for the use and supervision of student interns, the receipt and monitoring of funds in accordance with the laws of the State of Florida and rules of the university and the Board, and participation by the student government association. It is recognized that an intent of this program is to provide research and training activities which are representative of a comprehensive scope of child development needs throughout the community. To this end, university rules shall include an admission process that provides for a student population of diverse race, ethnicity, socio-economic status, and mental and physical ability.

(6) Each university which establishes an educational research center for child development shall provide for a board of directors, in accordance with the law. The board of directors shall insure that the center is operated according to law and rules of the Board and the university.

(7) Each center is authorized to charge fees for child care and services. Fees should be set at the level required to support the cost of providing the service. Exceptions should be made for the children of students and may be made for low-income faculty and staff. These fees must be approved by the Board as required by law, and in accordance with subsection 6C-7.003(37), F.A.C.

History

• Rulemaking Authority 240.209(1), (3)(q), (4), 240.531(3), (4) FS. Law Implemented 240.209(1), 240.531 FS. History–New 10-7-74, Formerly 6C-2.79, Amended and Renumbered 12-17-74, Amended 2-18-80, 8-11-85, Formerly 6C-10.04, Amended 12-25-86, 11-29-94.

Fla. Admin. Code R. 6C-10.005 Display of Flag

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(m), 228.101 FS. History–Formerly 13D-6, 6C-6.62, 8-20-71, Amended 12-17-74, 5-9-79, 8-11-85, Formerly 6C-10.05, Repealed 11-27-95.

Fla. Admin. Code R. 6C-10.006 Guest Adminission to University Events

History

• Rulemaking Authority 240.209(1), (3)(q), 240.227 FS. Law Implemented 240.209(1), 240.227 FS. History–New 6C-2.39, 11-18-70, Amended 12-17-74, 9-28-81, 8-11-85, Formerly 6C-10.06, Amended 2-15-94, Repealed 11-27-95.

Fla. Admin. Code R. 6C-10.007 W. A. Shands Teaching Hospital and Clinics, Indigent Patients; Write-off of Accounts

History

• Rulemaking Authority 240.042 FS. Law Implemented 240.042(2), 240.103, 241.471 FS. History–New 2-22-76, Amended 3-21-77, 7-31-77, Formerly 6C-10.07, Repealed 8-11-85.

Fla. Admin. Code R. 6C-10.008 U.S. Student Health Centers Trust Fund

History

• Rulemaking Authority 240.042, 240.213 FS. Law Implemented 240.042(2), 240.191(3), 768.28 FS. History–New 10-25-77, Amended 4-1-79, Formerly 6C-10.08, Repealed 12-13-83.

Fla. Admin. Code R. 6C-10.009 Smoking in Public Buildings

History

• Rulemaking Authority 240.209(1), (3)(m), 255.27 FS. Law Implemented 240.209(1), (3)(m), 255.27 FS. History–New 5-10-78, Amended 8-11-85, Formerly 6C-10.09, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-10.010 University-Related Research Parks

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(m), 23.145-23.1491 FS. History–New 1-29-78, Amended 8-11-85, Formerly 6C-10.10, Repealed 11-27-95.

Fla. Admin. Code R. 6C-10.011 Veterans’ Benefits – Inmate Students

History

• Rulemaking Authority 240.209(1), (3)(m) FS. Law Implemented 240.209(1), (3)(m), 240.235 FS. History–New 11-7-79, Amended 8-11-85, Formerly 6C-10.11, Transferred to 6C-6.022.

Fla. Admin. Code R. 6C-10.012 Special Continuing Programs

History

• Rulemaking Authority 240.209(1) FS. Law Implemented 240.209(1), (3)(m) FS. History–New 4-2-80, Amended 8-11-85, Formerly 6C-10.12, Repealed 11-27-95.

Fla. Admin. Code R. 6C-10.014 Educational Attendance Requirements for Application, Suspension, and Reimstatement of a Driver’s License

History

• Rulemaking Authority 240.209(1), (3)(o) FS. Law Implemented 240.209(3)(o), 322.0601 FS., Chapter 89-112, Laws of Florida. History–New 11-29-89, Repealed 11-27-95.

Chapter 6C-11 COMMUNITY HOSPITAL EDUCATION PROGRAM

Fla. Admin. Code R. 6C-11.011 Offices

History

• Rulemaking Authority 240.209(1), (3)(o), 381.503 FS., Chapter 85-119, Laws of Florida, Item 585B. Law Implemented 240.209(1), (3)(o), 381.503(3) FS. History–New 6-2-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-11.012 The Council

History

• Rulemaking Authority 240.209(1), (3)(q), 381.0403 FS. Law Implemented 381.0403(5) FS. History–New 6-2-87, Amended 3-29-89, 11-9-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-11.0125 Powers and Duties

History

• Rulemaking Authority 240.209(1), (3)(q), 381.0403 FS. Law Implemented 381.0403(5) FS. History–New 11-9-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-11.013 The Staff Director

History

• Rulemaking Authority 240.209(1), (3)(q), 381.0403 FS. Law Implemented 381.0403(5) FS. History–New 6-2-87, Amended 11-9-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-11.014 Meetings and Agenda

History

• Rulemaking Authority 240.209(1), (3)(q), 381.0403 FS. Law Implemented 381.0403(5) FS. History–New 6-2-87, Amended 11-9-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-11.015 Administration, Travel, and Consultants

History

• Rulemaking Authority 240.209(1), (3)(q), 381.0403 FS. Law Implemented 381.0403(5) FS. History–New 6-2-87, Amended 11-9-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-12 FLORIDA SOLAR ENERGY CENTER PROGRAM

Fla. Admin. Code R. 6C-12.001 Florida Solar Energy Center Operations

The Florida Solar Energy Center, is governed by Section 377.705, F.S. It shall be administered by the University of Central Florida for and on behalf of the Board of Regents. The University shall adopt such rules as are necessary to carry out the purposes of the program of the Center and as are consistent with Board policies and rules.

History

• Rulemaking Authority 240.209(1), (3)(m), 377.705 FS. Law Implemented 377.705, 20.05(1)(b) FS. History–New 2-10-77, Amended 9-8-77, 12-30-79, 3-31-81, 3-20-85, Formerly 6C-12.01.

Fla. Admin. Code R. 6C-12.002 Solar Collector Testing, Standards

History

• Rulemaking Authority 240.209(1), (3)(m), 377.705 FS. Law Implemented 377.705 FS. History–New 2-10-77, Amended 9-8-77, 12-30-79, 3-31-81, Formerly 6C-12.02, Repealed 3-20-85.

Fla. Admin. Code R. 6C-12.003 Solar Collector Certification

History

• Rulemaking Authority 240.209(1), (3)(m), 377.705 FS. Law Implemented 377.705 FS. History–New 2-10-77, Amended 9-8-77, 3-31-81, Formerly 6C-12.03, Repealed 3-20-85.

Fla. Admin. Code R. 6C-12.004 Testing Fees, Testing, Inspection, Services

History

• Rulemaking Authority 240.209(1), (3)(m), 377.705 FS. Law Implemented 377.705 FS. History–New 2-10-77, Amended 9-8-77, 7-13-78, 3-31-81, Formerly 6C-12.04, Repealed 3-20-85.

Fla. Admin. Code R. 6C-12.005 Solar Domestic Water Heating and Solar Pool Heating System Standards and Certification

History

• Rulemaking Authority 240.209(1), (3)(m), 377.705 FS. Law Implemented 377.705 FS. History–New 3-31-81, Formerly 6C-12.05, Repealed 3-20-85.

Chapter 6C-14 ADMINISTRATION OF CONSTRUCTION PROGRAM

Fla. Admin. Code R. 6C-14.002 Definitions

History

• Rulemaking Authority 240.209(1), (3)(p), (q) FS. Law Implemented 240.209(1), (3)(p), (q), 255.29, 287.055, 288.703 FS. History–New 12-30-79, Amended 8-11-85, Formerly 6C-14.02, Amended 4-8-86, 1-24-89, 10-17-89, 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-14.0025 Action Required Prior to Capital Outlay Appropriation

History

• Rulemaking Authority 240.209(1), (3)(p), (q), 240.295(3) FS. Law Implemented 216.182, 240.209(1), (3)(p), (q), 240.295(1), (3) FS. History–New 1-24-89, Amended 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-14.004 Public Announcement and Qualification Procedure

History

• Rulemaking Authority 240.209(1), (3)(p), (q), 287.055(3) FS. Law Implemented 240.209(1), (3)(p), (q), 255.29, 287.055 FS. History–New 12-30-79, Amended 8-11-85, Formerly 6C-14.04, Amended 1-24-89, 10-17-89, 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-14.005 Certification and Competitive Selection of Architects/Engineers

History

• Rulemaking Authority 240.209(1), (3)(p), (q), 287.055(3)(d) FS. Law Implemented 240.205(6), 240.209(1), (3)(p), (q), 287.055 FS. History–New 12-30-79, Formerly 6C-14.05, Amended 7-22-87, 1-24-89, 5-17-95, 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-14.0055 Certification and Competitive Selection for Construction Management Services and Design-Build Services

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.209(1) FS. History–New 10-17-89, Amended 9-15-91, 6-5-96, 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-14.007 Competitive Negotiation

History

• Rulemaking Authority 240.209(1), (3)(p), (q), 287.055 FS. Law Implemented 240.209(1), (3)(p), (q), 287.055 FS. History–New 12-30-79, Amended 8-18-80, Formerly 6C-14.07, Amended 7-22-87, 1-24-89, 10-17-89, 5-17-95, 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-14.018 Contracting Authority for Construction Contracts

History

• Rulemaking Authority 240.209(1), (3)(p), (r) FS. Law Implemented 240.205(6), 240.209(1), (3)(p), 240.227(12) FS. History–New 12-30-79, Amended 9-28-81, 8-11-85, Formerly 6C-14.18, Amended 1-24-89, 6-5-96, 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-14.020 University Supervision of Construction Program

History

• Rulemaking Authority 240.209(1), (3)(p), (q), (r) FS. Law Implemented 240.209(1), (3)(p), (q), 255.25(5), 287.055(3)(d) FS. History–New 12-30-79, Amended 8-11-85, Formerly 6C-14.20, Amended 4-8-86, 1-24-89, 11-28-90, 6-5-96, 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-14.021 Procedures for Construction Contract Bidding and Award

History

• Rulemaking Authority 240.209(1), (3)(p), (r) FS. Law Implemented 240.205(6), 240.209(1), (3)(p), 255.29 FS. History–New 12-30-79, Amended 5-25-81, 8-11-85, Formerly 6C-14.21, Amended 4-8-86, 1-24-89, 4-10-90, 6-5-96, 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-14.022 Disqualification Procedures

History

• Rulemaking Authority 240.209(1), (3)(p), (q) FS. Law Implemented 120.57, 120.60, 240.209(1), (3)(p), (q), 287.094 FS. History–New 5-25-81, Amended 8-11-85, Formerly 6C-14.22, Amended 4-8-86, 1-24-89, 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-14.023 Notice and Protest Procedures

History

• Rulemaking Authority 240.209(1), (3)(p), (r) FS. Law Implemented 120.57, 240.209(1), (3)(p), 255.0516 FS. History–New 5-25-81, Amended 8-11-85, Formerly 6C-14.23, Amended 6-5-96, 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-16 PROCEDURES FOR ADMINISTRATION OF DELEGATED AUTHORITY FOR MOTOR POOL

Fla. Admin. Code R. 6C-16.002 Approval

History

• Rulemaking Authority 240.209(1), (3)(m), 240.225 FS. Law Implemented 240.205(6), 240.209(1), (3)(m), 240.225, 287, Part II FS. History–New 12-30-79, Amended 8-11-85, Formerly 6C-16.02, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-16.005 Maintenance

History

• Rulemaking Authority 240.209(1), (3)(m), 240.225 FS. Law Implemented 240.205(6), 240.209(1), (3)(m), 240.225, 287.16 FS. History–New 12-30-79, Amended 8-11-85, Formerly 6C-16.05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-16.006 Aircraft

History

• Rulemaking Authority 240.209(1), (3)(m), 240.225 FS. Law Implemented 240.205(6), 240.209(1), (3)(m), 240.225, 287, Part II FS. History–New 12-30-79, Amended 8-11-85, Formerly 6C-16.06, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-17 PROCEDURES FOR ADMINISTRATION OF DELEGATED AUTHORITY FOR LEASING PROGRAM

Fla. Admin. Code R. 6C-17.003 Approval

History

• Rulemaking Authority 240.209(1), (3)(p), (r) FS. Law Implemented 240.205(6), 240.209(1), (3)(p), 255.25 FS. History–New 12-30-79, Amended 8-11-85, Formerly 6C-17.03, Amended 6-5-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-17.004 Standard Lease Agreement Form

History

• Rulemaking Authority 240.209(1), (3)(p), (r), 255 FS. Law Implemented 240.205(6), 240.209(1), (3)(p), 255.249(3) FS. History–New 12-30-79, Amended 8-11-85, Formerly 6C-17.04, Amended 6-5-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-17.009 Leases of 3,000 Square Feet or More

History

• Rulemaking Authority 240.209(1), (3)(p), (r) FS. Law Implemented 240.205(6), 240.209(1), (3)(p), 255.249(2)(b), (h), (i), 255.25(3) FS. History–New 12-30-79, Amended 8-11-85, Formerly 6C-17.09, Amended 6-5-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-17.010 Legal Review

History

• Rulemaking Authority 240.209(1), (3)(p), (r) FS. Law Implemented 240.205(6), 240.209(1), (3)(p) FS. History‒New 12-30-79, Amended 8-11-85, Formerly 6C-17.10, Repromulgated 6-5-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-17.011 Certification of Compliance for Leases of Less Than 3,000 Square Feet

History

• Rulemaking Authority 240.209(1), (3)(p), (r), 240.225 FS. Law Implemented 240.205(6), 240.209(1), (3)(p), 255.249(2)(k), (3) FS. History–New 12-30-79, Amended 8-11-85, Formerly 6C-17.11, Amended 6-5-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-17.012 Space Measurement

History

• Rulemaking Authority 240.209(1), (3)(p), (r), 240.225 FS. Law Implemented 240.205(6), 240.209(1), (3)(p), 255.249(2)(c) FS. History–New 12-30-79, Amended 5-19-80, 8-11-85, Formerly 6C-17.12, Amended 6-5-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-17.013 Space Allocation

History

• Rulemaking Authority 240.209(1), (3)(p), (r) FS. Law Implemented 240.205(6), 240.209(1), (3)(p), 255.249(2)(d) FS. History–New 12-30-79, Amended 5-19-80, 8-11-85, Formerly 6C-17.13, Amended 6-5-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-17.014 Rental Rates

History

• Rulemaking Authority 240.209(1), (3)(p), (r) FS. Law Implemented 240.205(6), 240.209(1), (3)(p), 255.249(2)(g) FS. History–New 12-30-79, Amended 5-19-80, 8-11-85, Formerly 6C-17.14, Amended 6-5-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-17.016 Nominal or No Consideration Leases

History

• Rulemaking Authority 240.209(1), (3)(p), (r) FS. Law Implemented 240.205(6), 240.209(1), (3)(p), 255.249(2)(j) FS. History–New 12-30-79, Amended 8-11-85, Formerly 6C-17.16, Repromulgated 6-5-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-17.017 Special Facilities for the Physically Disabled - Leased Space

History

• Rulemaking Authority 240.209(1), (3)(p), (r) FS. Law Implemented 240.209(1), (3)(p), 255.21, 553, Part V FS. History–New 9-25-80, Amended 8-11-85, Formerly 6C-17.17, Amended 6-5-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-18 ADMINISTRATION OF PURCHASING PROGRAM

Fla. Admin. Code R. 6C-18.030 Statement of Intent

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.205(6), 240.227(12) FS. History–New 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-18.035 Definitions

History

• Rulemaking Authority 240.209(1),(3)(r) FS. Law Implemented 112.313, 240.2011, 240.205(6), 240.227(12), 255, 283.33, 288.703(2) FS. History–New 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-18.040 Purchasing Authority of the Institutions

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 120, 240.205(6), 240.227(12) FS. History–New 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-18.045 Competitive Solicitations Required

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.205(6), 240.227(12) FS. History–New 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-18.050 Purchase of Commodities or Contractual Services

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.205(6), 240.227(12), 283 FS. History–New 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-18.055 Bonds

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 120.57(3)(b), 240.205(6), 240.227(12), 255 FS. History–New 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-18.060 Contracts

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.205(6), 240.227(12), 672.719 FS. History–New 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-18.065 Standard of Conduct

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.205(6), 240.227(12) FS. History–New 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-18.070 Purchase of Motor Vehicles

History

• Rulemaking Authority 240.209(1), (3)(r) FS. Law Implemented 240.205(6), 240.227(12) FS. History–New 1-13-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C-21 CAMPUS MASTER PLANS

Fla. Admin. Code R. 6C-21.108 Procedures for Petitioning the Board of Regents, Challenging Compliance of the Campus Master Plan or Plan Amendment

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(4), (7), (9) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.109 Procedures for Dispute Resolution

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(8) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.110 Remedial Plan Amendments

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(8) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.201 Purpose of Part II

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(3) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.202 Definitions

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(3) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.203 General Requirements

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(3) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.204 Future Land Use Element

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(3), 253.034(4) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.205 Transportation Element

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(3) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.206 Housing Element

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(3) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.207 General Infrastructure Element

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(3) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.208 Conservation Element

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(3), 253.034(4) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.209 Recreation and Open Space Element

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(3), 253.034(4) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.210 Intergovernmental Coordination Element

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(3), (8) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.211 Capital Improvements Element

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(3) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.212 Optional Elements

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(4) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Fla. Admin. Code R. 6C-21.213 Campus Master Plan Consistency With the State Comprehensive Plan and Not in Conflict With Local Government Comprehensive Plans

History

• Rulemaking Authority 240.209(1), (3)(q), 240.155(22) FS. Law Implemented 240.155(5) FS. History–New 2-15-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Division 6E Commission for Independent Education

Chapter 6E-1 GENERAL INFORMATION

Fla. Admin. Code R. 6E-1.003 Definition of Terms

Terms used in these rules are defined in Section 1005.02, F.S. In addition, as used in the rules of the Commission, unless the context clearly indicates otherwise:

(1) “Accredited Foreign Medical Schools” means institutions chartered outside the United States, in a nation whose accreditation standards have been determined by the United States Department of Education to be comparable to the accreditation standards applied to United States medical schools, when the foreign medical school has been inspected and evaluated by the nation’s recognized agent and approved or accredited by its home nation using those comparable standards.

(2) “Additional Locations” means any locations other than auxiliary classroom space that supports a licensed institution.

(3) “Address of Record” means the current mailing address and location of the institution in Florida.

(4) Adequate Clinical Clerkship Library Facilities – Comprehensive resource and information facility sufficient in size, current breadth of holdings and information technology to support its medical education.

(5) Adequate Laboratory Facilities – Industry standard facilities that allow students to engage in scientific research, testing and diagnostic evaluation.

(6) “Advertising” includes any form of public notice, however disseminated or utilized, offering training or education to the public or recruiting students to enroll in a school or college program. The term includes publications and promotional items which may be seen or encountered by prospective students, including catalogs and other institutional publications which contain institutional policies or disclosures; mailing pieces, such as bulletins, brochures, or flyers; classified advertisements; news releases; posters; electronic notices provided through Internet, radio or television; or any other form of public notice resulting from the institution’s recruiting and promotional efforts.

(7) “Applied General Education” means courses directly related and applicable to a specific occupation, fulfilling the general education requirements for an occupational associate degree as described in subparagraph 6E-2.004(4)(n)1., F.A.C., in natural and physical sciences, social and behavioral sciences, language, composition, and humanities and the arts.

(8) “Asynchronous” means that students may access a prepared educational program electronically or by other means, at a time of their own choosing rather than at a specified time.

(9) “Auxiliary Classroom Space” means a location within 10 miles of a licensed school or college, and under its administrative and academic control and included in its licensure; where classes are held as needed to supplement the physical capacity of the licensed institution; and where the licensed institution is not required to maintain ongoing administrative or faculty offices, but has the responsibility of providing all administrative, academic, and student services.

(10) “Board-Certified,” “Board-Eligible,” and “Board Licensed” refer to the appropriate recognition by the State Board of Medicine or other recognized agency which regulates the practice of medicine in the jurisdiction where the foreign medical school operates and where clerkships are offered.

(11) “Change in Control” means any change in the organization of an institution which affects the authority to establish or modify institutional policies, standards, and procedures. A change in control occurs when a person acquires or loses control of an institution or of the parent corporation that owns the institution, whether by means of the sale of the institution, sale of the assets, transfer of the controlling interest of stock, conversion of the institution from nonprofit to for-profit or vice versa, or similar transaction. A change in control does not occur upon the retirement or death of the owner of an institution, if ownership and control passes to a member of the owner’s family or to a person with a pre-existing ownership interest in the institution.

(12) “Chartered” means incorporated according to the requirements of the Florida Department of State, Division of Corporations or similar authority in another jurisdiction.

(13) “Citation” means an instrument which meets the requirements set forth in Section 1005.385, F.S., and which is served upon a licensee, an applicant, or any other subject within the jurisdiction of this Commission, for the purpose of assessing a penalty in an amount established by this rule.

(14) “Clinical Clerkship” means supervised instruction in medical disciplines with an opportunity to observe and to participate in the theory and practice of expert care of patients with a broad spectrum of traumatic conditions, psychiatric disorders, disease, or other human ailments, in order for the students to achieve comprehensive knowledge in medical diagnosis and treatment as part of a course of instruction leading to an M.D. or D.O. degree or the equivalent.

(15) “Clock Hour” means a period of 60 minutes with a minimum of 50 minutes of instruction in the presence of an instructor.

(16) “Collegiate” describes a college or university which is licensed by the Commission to offer degrees as defined in Section 1005.02(7), F.S., or the degree programs offered by such an institution.

(17) “Complete Application” means an application which the Commission staff has reviewed and found to contain all required forms, supporting documentation addressing each standard, all required signatures, and evidence that all appropriate fees have been paid.

(18) “Compressed Time Period” means delivery of required contact clock hours or credit hours in a significantly shorter period than those described in the definitions of “Semester” and “Quarter.”

(19) “Contract Training” means providing a program to a particular employer or entity for a specific length of time, in a specific place, to a specific cohort of students, when all appropriate academic and student services are provided to the cohort, an agreement (memorandum of understanding or contract) is signed with the employer or entity, and the program is not advertised to the general public.

(20) “Core Clinical Clerkship” means initial clinical training required of every medical student, generally taken in the third year of medical school, in such fields as internal medicine, pediatrics, surgery, obstetrics and gynecology, psychiatry, and family medicine.

(21) “Correspondence Learning” means instruction through mail or e-mail requiring the institution to mail a syllabus, texts, lessons, and other materials to the student and to provide adequate educational services, responses, comments, and evaluations in a timely manner to the student.

(22) “Costs” means the amount of money directly related to the investigation and prosecution as determined by the Commission.

(23) “Course” means one organized unit of study focusing on one subject or skill for a specified period of time; for example, English 101, College Math, or Introduction to Computers.

(24) “Credit By Examination” means credit awarded upon determining the level of students’ competencies in a specific subject area through standardized tests or institutionally developed examinations.

(25) “Credit for Prior Learning” means credit for learning acquired outside the licensed institution, that has resulted in a level of knowledge and skills appropriate and comparable to the level and content of the program or credential offered. Such learning must be validated and documented by qualified instructors using consistent, educationally defensible procedures and standards.

(26) “Direct Contact Instruction” means the physical presence of one or more students and one or more instructors at the same physical location. Direct contact instruction includes instruction and learning that takes place in a seminar, workshop, lecture, colloquium, laboratory, or tutorial, in a setting consistent with the stated mission, purposes, and objectives of the institution and the specific program or course. A learning agreement or learning contract should be a central feature of direct contact instruction.

(27) “Distance Education” means planned learning that normally occurs in a different place from teaching and as a result requires special techniques in course design, special instructional techniques, special methods of communication by electronic and other technology, and special organizational and administrative arrangements.

(28) “Distance Learning” is a general term used to cover the broad range of teaching and learning events in which the student is separated (at a distance) from the instructor, or other fellow learners.

(29) “Elective Clinical Clerkship” means additional specialized clinical training, chosen by the medical student from an approved list of electives published by the medical school, generally taken in the fourth year of medical school.

(30) “Emerging Field of Study” means a subject area not yet offered by traditional institutions as a discipline for study leading to a particular credential, but that is deemed worthy of exploration and development.

(31) “Enrollment” means registering a student to take programs or courses at an institution, when such registration obligates the student to pay tuition to the institution and obligates the institution to provide instruction to the student.

(32) “Executive Director” means the chief administrative officer of the Commission.

(33) “Fair consumer practices” means the honest, accurate and equitable conduct of business and academic relations between institutions and their students or prospective students.

(34) “First Professional Degree” means the first degree signifying completion of the minimum academic requirements for practice of a profession. The degree may require four, five, or more academic years, depending on the profession and the particular institution. A first professional degree is most commonly a bachelor’s degree, but may be a master’s or doctoral degree.

(35) “Florida Student” means any student enrolled at a Florida campus of a licensed institution and for distance education, a student whose mailing address for purposes of receiving distance education lessons and materials form the school, is a Florida address.

(36) Foreign Medical School Affiliation Agreement – A signed statement between a teaching hospital and a foreign medical school in which the teaching hospital agrees to make its resources available to a foreign medical school in order for the foreign medical school to offer its educational program at the hospital.

(37) Generally Accepted Accounting Principles (GAAP), effective September 30, 2002, is defined in the Board of Accountancy Rule 61H1-20.007, F.A.C.

(38) “General Education Courses” are those college-level courses designed to place emphasis on principles and theory rather than on practical applications associated with a vocational, occupational, or professional objective. General education courses may include, but are not limited to, English, history, philosophy, literature, religion, art, music, sociology, foreign languages, humanities, mathematics, chemistry, biology, and psychology, when such courses are not within the area of concentration of a vocational, occupational, or professional program. For example, English Composition is considered a general education course, but Business English is not. Courses designated as “applied,” “specialized,” “technical,” or similar designation do not meet this definition.

(39) “Indirect Contact Instruction” means a delivery method which does not require the physical presence of students and instructors at the same location, but provides for interaction between students and instructors by such means as telecommunications, electronic and computer-augmented educational services, correspondence, postal service, and facsimile transmission. Detailed course outlines or comprehensive syllabi are central to indirect contact instruction and learning, along with specified competencies to be mastered, details of interaction and feedback from the instructor, and specified procedures and timetables for evaluation.

(40) “Innovative Method of Instruction” means a new method of instruction not in use by traditional institutions, but one that provides effective and appropriate instruction in a way that ensures delivery, learning, evaluation, and timely communication with students.

(41) “Institution” means any college, university or postsecondary career school under the jurisdiction of the Commission as provided in Chapter 1005, F.S.

(42) “Institutional Accreditation” means accredited status awarded to an institution by an accrediting agency or association that is recognized by the United States Department of Education as an institutional accrediting agency.

(43)“Learning Agreement or Learning Contract” means a document drawn up between the instructor or the institution and the student(s), describing in detail the planned learning experiences that must be completed, the specific competencies to be mastered, and the evaluation methods to be used. An important characteristic of a learning agreement or learning contract is that it may be individualized to fit the needs of the student.

(44) “Main Florida Headquarters” means the location designated by an out-of-state institution as its main administrative and academic center in Florida.

(45) “Media and Computer Assisted Learning” means instruction through electronic information transfer, data processing, facsimile transmission, or through other technology.

(46) “Minor Modification” means a change to programs and curricula intended to keep educational material up to date and relevant to the changing needs of employers, when such modifications affect less than 20% percent of the program or curriculum and do not change the purpose or direction of the program; or providing a previously approved program as contract training.

(47) “Noncollegiate” or “Nondegree” describes a nonpublic career school licensed by the Commission to offer certificate or diploma programs as defined in Section 1005.02(16), F.S., or the certificate or diploma programs below the degree level offered by any institution under the jurisdiction of the Commission.

(48) “Nontraditional Education” means any positive progress toward a credential that is earned through experiential means or distance education and approved by the faculty of the institution granting the credential, or other sources verified by the American Council on Education, or testing from recognized sources such as but not limited to the Defense Activity for Non-traditional Education Support (DANTES), Servicemembers Opportunity Colleges (SOC), or other sources deemed by the Commission to have similar quality controls.

(49) “Occasional Elective Clinical Clerkship” means an elective course which does not exceed 6 weeks in length during the fourth year of medical school. “Occasional” in this context means no more than 3 students from any one unlicensed foreign medical school in any calendar year, with each of the 3 students doing no more than 3 elective clerkships in Florida in any calendar year.

(50) “On-line Courses” means courses taken by electronic means through the Internet or other similar delivery system.

(51) Parent Medical Schools – The licensed foreign medical institution that is offering a clinical clerkship program at the Florida teaching hospital.

(52) “Prelicensure Professional Nursing Program” means a nursing education program that prepares a student for the practice of professional nursing by being qualified to apply for licensure as a Registered Nurse (RN). Examples include: Associate of Science in Nursing (ASN); Bachelor of Science in Nursing (BSN); Licensed Practical Nursing to Associate of Science in Nursing (LPN to ASN); Licensed Practical Nursing to Bachelor of Science in Nursing (LPN to BSN); and Accelerated Bachelor of Science in Nursing (ABSN). The Nursing Assistant, Practical Nursing (PN), and RN to BSN programs are not included within this definition.

(53) “Program” means a prescribed group of courses, taken in the proper sequence to attain mastery of a body of knowledge or set of skills, and leading to a certificate, diploma, or degree.

(54) “Quarter” means at least ten weeks of instruction and learning, or its equivalent as described below.

(55) “Quarter Credit Hour” means either:

(a) A unit consisting of a minimum of ten hours of instruction appropriate to the level of credential sought, during a quarter, plus a reasonable period of time outside of instruction which the institution requires a student to devote to preparation for learning experiences, such as preparation for instruction, study of course material, or completion of educational projects; or

(b) Planned learning experiences equivalent to the learning and preparation described in paragraph 6E-1.003(53)(a), F.A.C., above, as determined by duly qualified instructors responsible for evaluating learning outcomes for the award of credits.

(56) “Semester” means at least fifteen weeks of instruction and learning, or its equivalent as described below.

(57) “Scope of Accreditation” means the range of activities for which an accrediting agency recognizes the institution. This includes any limits on the award of accreditation or range of accreditation; whether the accreditation is institutional; and whether one or more of its programs are programmatically accredited,

(58) “Semester Credit Hour” means either:

(a) A unit consisting of a minimum of fifteen hours of instruction appropriate to the level of credential sought, during a semester, plus a reasonable period of time outside of instruction which the institution requires a student to devote to preparation for learning experiences, such as preparation for instruction, study of course material, or completion of educational projects; or

(b) Planned learning experiences equivalent to the learning and preparation described in paragraph 6E-1.003(55)(a), F.A.C., above, as determined by duly qualified instructors responsible for evaluating learning outcomes for the award of credits.

(59) “Scholarship – a grant-in aid to a student.” The offer of a grant-in-aid to an enrolled student to offset partial or complete costs of a course, program, certificate or degree.

(60) “Substantive Change” means any change of control, level of credentials offered, location, a change in the purpose of the institution that exceeds minor corrections or alterations, financial soundness, or accreditation. A change of location includes any change of location that exceeds 45 miles. A change of accreditation includes change of accrediting agency, lowering the level of accreditation, exceeding the scope of the grant of accreditation or recognition of the agency, or any final action taken by the accrediting agency which places the accreditation of the institution in jeopardy. A substantive change also includes any change which the Commission determines is serious enough to affect the continued operation or stability of the institution, or the quality of the educational programs offered.

(61) “Synchronous” means that students must participate, electronically or by other means, in a distance educational program simultaneously, regardless of time zones.

(62) “Teaching Hospital” means a hospital having a residency program in a medical discipline accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association, or which is part of such a program through an affiliation approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association, or which has a written affiliation with an accredited United States Medical School to provide clinical training to its students; or an ambulatory care setting which is affiliated with a teaching hospital or an accredited United States Medical School for clinical teaching purposes.

(63) “Transcript” means the form maintained by an institution on student academic information which minimally shall include the following:

(a) Student name, street address, telephone number, date of birth;

(b) Enrollment date(s);

(c) Graduation date(s);

(d) Required hours for completion;

(e) Grade scale;

(f) Courses taken;

1. Attempted credit or clock hours;

2. Scheduled start date;

3. Dates of course completion;

4. Grades.

(g) Total hours attended; and,

(h) Credit given for courses transferred in from other institutions.

History

• Rulemaking Authority 1005.22(1)(e) FS. Law Implemented 1005.22, 1005.31, 1005.385 FS. History–New 12-5-74, Amended 7-28-75, Formerly 6E-4.01(8), Amended 11-11-75, 3-7-77, 10-13-83, Formerly 6E-1.03, Amended 2-22-89, 11-29-89, 10-19-93, 4-11-00, 1-7-03, 12-23-03, 7-20-04, 3-28-05, 6-13-05, 2-20-06, 7-23-07, 1-11-12, 2-20-24.

Fla. Admin. Code R. 6E-1.0032 Fair Consumer Practices

(1) This rule implements the provisions of Sections 1005.04 and 1005.34, F.S., and establishes the regulations and standards of the Commission relative to fair consumer practices and the operation of independent postsecondary education institutions in Florida.

(2) This rule applies to those institutions as specified in Section 1005.04(1), F.S. All such institutions and locations shall demonstrate compliance with fair consumer practices.

(3) The definitions contained in Section 1005.02, F.S., and Rule 6E-1.003, F.A.C., apply equally herein unless expressly indicated otherwise.

(4) All advertising and promotional literature shall be accurate and not misleading to the public. A copy of each advertisement shall be available to the Commission upon request for inspection at each location providing administrative services. The level of educational programs provided shall be disclosed. Compliance with subsection 6E-2.004(5) and paragraph 6E-2.004(11)(c), F.A.C., regarding recruitment, admissions, and advertising, is required of all institutions operating or soliciting students in Florida. See paragraph (6)(j) of this rule for requirements for statements regarding job opportunities. If any information is provided to students regarding salaries, such information shall be limited to accurate and unexaggerated representations of entry level salaries reflective of employees having the same skills, education, and experience as the students will have upon graduation. If advertising violations occur, the Commission shall require an institution to receive prior approval of future advertising copy before publication or broadcasting. Continued advertising violations shall result in probation with conditions and fines, or revocation of licensure pursuant to Sections 1005.34 and 1005.38, F.S. Any placement claims, employment predictions, or salary projections used by the institution in its recruiting efforts shall be accurate, and based upon reliable statistical data which shall be provided to all prospective students and to the Commission upon request. It is the responsibility of the institution to ensure that all such claims are kept up to date and reflect actual current conditions and job market projections, taking into account the anticipated needs in the local community. Advertisements shall contain citations of the source of such claims. The institution shall maintain backup documentation to support the citations.

(5) Any licensed institution offering a program which does not make the graduate eligible to take required professional examinations in that field or to practice regulated professions in that field in Florida must publish a disclosure statement to inform prospective students clearly and unambiguously of this fact.

(6) Each prospective student shall be provided a written copy, or shall have access to an electronic copy, of the institution’s catalog prior to enrollment or the collection of any tuition, fees or other charges. The catalog shall contain the following required disclosures, and catalogs of licensed institutions must also contain the information required in subsections 6E-2.004(11) and (12), F.A.C.:

(a) Purpose of the institution: The purpose of the institution must be disclosed, and must be consistent with Section 1005.01, F.S.

(b) Educational programs and curricula: The curricula shall be published in the catalog and shall state objectives specific to each curriculum and the requirements to be met for successful completion of each curriculum or program. This shall include, at a minimum, the grade point average required for completion of the program and any exit examination requirements, including the disclosure of the exit exams which the students may be required to complete and the required passing score of the exit exams. Information relating to course availability and prerequisites shall be available for students. The catalog shall also contain brief course descriptions for each course offered.

(c) Description of physical facilities: All licensed institutions must describe their physical facilities in Florida, which must meet the requirements as set forth in subsection 6E-2.004(9), F.A.C. Information showing compliance with relevant local safety and health standards, such as fire, building, and sanitation shall be available to students.

(d) Licensure and accreditation status: The institution shall disclose its status regarding licensure by the Commission and its status as an accredited institution or program, as applicable. The level and scope of licensure or accreditation shall be disclosed, and any ramifications of accreditation or lack of accreditation on the ability to sit for professional examinations and eligibility for financial aid shall be disclosed. If the institution makes claims that it is accredited by an accrediting agency that is not recognized by the United States Department of Education, the following disclosure statement must be made in large bold type, all capital letters, and is to be inserted in the publications or advertising, as defined in subsection 6E-1.003(6), F.A.C., prior to identification of or mention of any accrediting association or agency. The required statement is:

The Accrediting Agency(s) or Associations(s) Listed Below Is/Are Not Recognized By the United States Department of Education As An Approved Accedited Agency. Therefore, If You Enroll In This Institution, You May Not Be Eligible For Title IV Federal Financial Assistance, State Student Financial Assistance, or Professional Certification. In Addition, Credits Earned At This Institution May Not Be Accepted For Transfer to Another Transfer to Another Institution, and May Not Be Recognized By Employers.

This disclosure statement shall be inserted in all advertisements or publications wherever accreditation by an unrecognized accrediting agency is mentioned.

(e) Fee schedule: The institution shall disclose all fees required to be paid by students (including tuition, laboratory fees, graduation fees, other required fees), and any nonrefundable fees must be so identified.

(f) Transferability of credits: The institution shall disclose information to the student regarding transferability of credits to other institutions and from other institutions. The institution shall disclose that transferability of credit is at the discretion of the accepting institution, and that it is the student’s responsibility to confirm whether or not credits will be accepted by another institution of the student’s choice. If a licensed institution has entered into written articulation agreements with other institutions, a list of those other institutions may be provided to students, along with any conditions or limitations on the amount or kinds of credit that will be accepted. Such written agreements with other institutions must be valid and in effect at the time the information is disclosed to the student. The agreements shall be kept on file at all times and available for inspection by Commission representatives or students. Any change or termination of the agreements shall be disclosed promptly to all affected students. No representation shall be made by a licensed institution that its credits can be transferred to another specific institution, unless the institution has a current, valid articulation agreement on file. Units or credits applied toward the award of a credential may be derived from a combination of any or all of the following:

1. Units or credits earned at and transferred from other postsecondary institutions, when congruent and applicable to the receiving institution’s program and when validated and confirmed by the receiving institution.

2. Successful completion of challenge examinations or standardized tests demonstrating learning at the credential level in specific subject matter areas.

3. Prior learning, as validated, evaluated, and confirmed by qualified instructors at the receiving institution.

(g) Admissions: The institution shall disclose its method of assessing a student’s ability to successfully complete the course of study for which he or she has applied. The requirements for admission and for graduation shall be disclosed. If the practice of a career has special requirements or limitations, such as certain physical or language capabilities or lack of a criminal record, such requirements or limitations shall be disclosed to prospective students interested in training for that career.

(h) Student financial assistance: Information about the availability of financial assistance shall be disclosed to prospective students. In addition, each institution shall make such disclosure in writing, to be signed and dated by each student applying for and receiving a student loan, to the effect that the student understands that he or she is obligated to repay the loan, the terms and amounts of repayments, and when repayments will begin. References to financial assistance availability in any school catalogs or advertising shall include the phrase, “for those who qualify.”

(i) Student refund policies: This rule establishes the Commission’s minimum refund guidelines for licensed institutions. Refund policies which pertain to students who are receiving Title IV Federal Student Financial Assistance or veterans’ benefits shall be in compliance with applicable federal regulations.

1. All institutions shall have an equitable prorated refund policy for all students, which shall be disclosed in the catalog and enrollment agreement or similar documents, and must be uniformly administered. Any nonrefundable fees or charges shall also be disclosed.

2. The institution’s refund policy shall provide a formula for proration of refunds based upon the length of time the student remains enrolled, up to a minimum of 40 percent of a program, if the student is charged tuition for an entire program; or 20% percent, if the institution charges the student for a term, quarter, semester, or other time period that is less than the duration of the entire program.

3. As an alternative, an institution that charges tuition for a term, quarter, semester or other time period that is less than the duration of the entire program may establish a drop/add period which shall be no less than 10 percent of the period for which the student is financially committed, or one week, whichever is less. If the student withdraws before the end of the drop/add period, the student will be refunded all tuition and fees, as well as any funds paid for supplies, books, or equipment which can be and are returned to the institution.

4. The refund policy shall not consider that all or substantially all tuition for an entire program or term is earned when a student has been enrolled for only a minimal percentage of the program or term. The refund policy shall provide for cancellation of any obligation, other than a book and supply assessment for supplies, materials and kits which are not returnable because of use, within 3 working days from the student’s signing an enrollment agreement or contract. Refunds shall be made within 30 days of the date that the institution determines that the student has withdrawn.

5. Institutions need not keep attendance, but must adopt and publish an equitable policy by which withdrawal dates will be determined, which may include notification by the student or reports from faculty. This policy shall be submitted to the Commission before publication.

6. Nonrefundable fees regarding admission and registration of Florida students shall not exceed $150. The requirements regarding refund policies as stated herein do not apply to dormitory or meal fees. Refund policies for those fees, if charged, shall be set by the institution and also disclosed in conjunction with the refund policy.

(j) Employment placement services: The extent of placement services shall be specifically described. No guarantee of placement shall be made or implied. The institution may disclose information relating to market and job availability, if verified through statistical research; however, the institution shall not promise or imply any specific market or job availability amounts.

(k) A statement that additional information regarding the institution, if licensed, may be obtained by contacting the Commission for Independent Education, Department of Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400, toll-free telephone number (888)224-6684.

(7) Reduction of tuition or fees: A reduction in tuition, fees, or other charges may be implemented when there are specific criteria for student eligibility and selection procedures precisely disclosed within a policy at the institution. All students within the enrollment period that the reduction is offered must be eligible to apply for this reduction under the same circumstance; however there shall be no reduction based upon the timing or method of payment. The institution must maintain verifiable records including detailed and complete data when students are granted a bona fide reduction in tuition or fees. This must include copies of all application records, notes of selection committee meetings, and copies of notices to the student who received the reduction. This information shall be kept on file at the institution for on site review by CIE.

(8) A licensed institution which is not accredited by a United States Department of Education recognized institutional accrediting agency shall use an enrollment agreement or application for admission which, in addition to the catalog, shall be the binding contract between the institution and the student. The binding document shall include, but not be limited to, the following:

(a) Title. The binding document shall be identified by title as a “Contract,” “Agreement,” “Application” or similar title and clearly indicate that it will constitute a binding agreement upon acceptance by the institution and the student;

(b) Name of the institution. Name, phone number, and physical address of the institution;

(c) Title of Program. Program title as licensed and identified in the catalog;

(d) Time Required. Number of clock hours or credit units, including the number of weeks or months, or credit hours required for completion;

(e) Credential for Satisfactory Completion. At a minimum, this must include the grade point average required for completion of the program and any exit examination requirements, including the disclosure of the exit exams which the students may be required to complete and the required passing score of the exit exams;

(f) Costs. All costs shall be clearly stated;

1. Tuition. The total tuition for the program must be listed by the total length of the program, the tuition cost per credit hour, clock hour, term or academic year.

2. Fees. All refundable and nonrefundable fees payable by the student.

3. Books and supplies. The cost for books and supplies may be estimated if necessary. This item may be omitted if the binding document states that the costs for books and supplies are included in the tuition charges as stated in the document.

4. Any other costs. Any other costs required to be paid by the student, whether or not purchased from the school. These costs may be stated as a listing of goods or services not included in the tuition.

(g) Terms of payment. The method of payment of all costs shall be clearly stated in the binding document and shall comply with federal and state laws.

(h) Class Start.

(i) Anticipated Program Completion Date (for Institutions that are not Colleges or Universities).

(j) Class Schedule. The day, evening or other schedule of class attendance must be clearly stated (if known at the time of signature by student).

(k) Termination or Cancellation by the Institution or Student. Grounds or procedures for cancellation of a binding document by an institution or student shall be clearly stated.

(l) Refund Policy. Institutions shall comply with refund policy as provided in subsection 6E-1.0032(6), F.A.C.

(m) Employment Guarantee Disclaimer. Institutions shall publish the disclaimer as provided in paragraph 6E-1.0032(6)(j), F.A.C.

(n) Statement that all signers have received and read a copy of the binding document and catalog.

(o) Signatures and Acceptance. The binding document shall contain the date and signature of the applicant and parent or guardian, if the applicant is under eighteen (18) years of age and the acceptance date and signature of the appropriate official at the institution.

(p) Format. If the binding document is not completed on one (1) side of a single sheet of paper, each side must clearly and conspicuously refer to the conditions on the other side as being part of the document. If more than one (1) page is used, each page must be numbered page 1 of ___ pages, page 2 of ___ pages, etc.

(9) If the Commission determines that ongoing complaints show a pattern of misinformation, lack of disclosure, or discrepancies between printed, electronic, and verbal information being given to prospective students, the Commission shall require that institutions prepare additional documents, to be individually signed and dated by students, to address the problem. Significant deviations from fair consumer practices shall be grounds for probation, denial or revocation of licensure pursuant to Sections 1005.32(7), 1005.34(3) and 1005.38(1), F.S., and Rule 6E-2.0061, F.A.C.

(10) The institution shall develop, publish, and follow a procedure for handling complaints, disciplinary actions and appeals. The procedure shall ensure that complaints and disciplinary actions are not handled in a capricious or arbitrary manner, but are given careful consideration by appropriate levels of administration. It is understood that the health and safety of students and staff are the institution’s primary concern. In the event of extreme cases, it may be necessary for the institution to take immediate disciplinary action. If the institution has an emergency disciplinary procedure, this procedure shall be disclosed to prospective students, and grounds for such action shall be specified in as much detail as possible.

(11) Prior to the initial enrollment or reentry of students into programs for the prelicensure education of professional or practical nurses, certified nursing assistant training programs, or any combination of such programs, an institution shall provide to each student each applicable disclosure form completed by the institution. The disclosure must be signed and dated by the prospective student and a school official, with a copy to be maintained in the student’s file. Passage rates for first time test takers and probationary status of the program shall be provided for the most recent calendar year published by the Board of Nursing. Each institution must update the disclosures within thirty (30) days of the date when the information is published on the Board of Nursing’s website. Institutions shall use the following forms which are incorporated by reference and may be obtained without cost from the Commission’s website at www.fldoe.org/cie or by writing to the Commission for Independent Education at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400:

(a) Professional Nursing Student Disclosure, Form number 609a, effective August 2017 (http://www.flrules.org/Gateway/reference.asp?No=Ref-08561).

(b) Practical Nursing Student Disclosure, Form number 609b, effective August 2017 (http://www.flrules.org/Gateway/reference.asp?No=Ref-08562).

(c) Certified Nursing Assistant Student Disclosure, Form number 609c, effective August 2017 (http://www.flrules.org/Gateway/reference.asp?No=Ref-08563).

(12) An institution is responsible for ensuring compliance with this rule by any person or company contracted with or employed by the institution to act on its behalf in matters of advertising, recruiting, or otherwise making representations which may be accessed by prospective students, whether verbally, electronically, or by other means of communication.

(13) It shall be the responsibility of an institution to require a training program for all staff who recruit prospective students or who participate in the admission of prospective students, at the institution. The training program shall be submitted to the Commission for approval with each application for a provisional license, an annual license or a license by means of accreditation, and with each annual review of a license by means of accreditation. Institutions that choose to employ a training provider for its training program may, if the program provided by the contractor has been approved by the Commission, provide the program without additional approval. Training shall include information to familiarize staff who recruit prospective students, or who participate in the admission of prospective students, with Chapter 1005, F.S., and with the institution’s programs, services, costs, terms of payment, financial aid available for qualified students, refund policy, transferability of credits to other institutions, reasonable employment projections and accurate placement data, status of the institution regarding licensure and accreditation, facts regarding the eligibility of graduates to sit for licensure examinations or fulfill other requirements to practice in Florida the career or profession for which the prospective student wishes to be trained, and other relevant facts. The training program shall reflect the fair consumer practices outlined in Sections 1005.04 and 1005.34, F.S., and this rule.

(14) Institutions shall maintain a file or keep a record for each student at each location, translated into English and conforming to the requirements of Rule 6E-2.004, F.A.C., and containing the following at a minimum:

(a) Academic transcript;

(b) All documents evidencing a student’s eligibility for enrolled programs;

(c) Any certificates or diplomas earned;

(d) Copies of applications or contractual agreements;

(e) Financial records;

(f) Student counseling or advising records;

(g) Records of progress; and,

(h) Nursing Student Disclosure (if applicable).

History

• Rulemaking Authority 1005.22(1)(e)1., 1005.34 FS. Law Implemented 1005.04, 1005.22(1)(k), 1005.31(13), 1005.32(5), 1005.34 FS. History–New 10-19-93, Amended 4-2-96, 11-5-00, 1-7-03, 1-20-04, 3-29-04, 3-28-05, 5-18-05, 6-13-05, 7-23-07, 2-1-11, 8-20-17, 2-20-24.

Fla. Admin. Code R. 6E-1.004 Voluntary Application for Licensure

History

• Rulemaking Authority 246.041(1)(e), 246.051(1), 246.071 FS. Law Implemented 246.041(2)(e), 246.051, 246.085 FS. History–New 12-5-74, Formerly 6E-1.04, Amended 11-27-88, 11-29-89, Repealed 10-19-93.

Fla. Admin. Code R. 6E-1.0041 Honorary Degrees

(1) Among nonpublic postsecondary institutions operating in Florida, only those which operate under Section 1005.06(1)(b), (c), (e) or (f), F.S., or which are licensed by the Commission as a college or university, may award honorary degrees.

(2) No honorary degree given by a nonpublic college subject to the jurisdiction of the Commission may have substantially the same name as any earned degree given by any institution in Florida authorized to grant degrees.

(3) Each honorary degree shall prominently bear on its face the words, “honorary degree” or “honoris causa.”

History

• Rulemaking Authority 1005.22(1)(e) FS. Law Implemented 1005.02(7), 1005.21(1) FS. History–New 10-13-83, Formerly 6E-1.041, Amended 11-27-88, 10-19-93, 1-7-03.

Fla. Admin. Code R. 6E-1.005 Approved Forms

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 246.041(1)(e), 246.051(1), 246.071 FS. Law Implemented 119.092, 120.53(1)(b), 246.041(1)(k), 246.051, 246.081, 246.085, 246.091, 246.095, 246.101, 246.121(2), 246.125, 246.128 FS. History–New 3-7-77, Amended 2-6-78, 10-13-83, 2-13-84, Formerly 6E-1.05, Repealed 11-27-88.

Fla. Admin. Code R. 6E-1.006 License Required

History

• Rulemaking Authority 246.041(1)(e), 246.071 FS. Law Implemented 246.081(3) FS. History–New 2-6-78, Formerly 6E-1.06, Repealed 10-13-83.

Chapter 6E-2 LICENSING

Fla. Admin. Code R. 6E-2.001 Approved Applicant Status

All new or out-of-state institutions applying for initial licensure to operate in Florida, whether planning to offer degrees or nondegree programs, must file an application for a Provisional License. When the application is deemed complete, as defined in subsection 6E-1.003(17), F.A.C., the institution will be placed on Approved Applicant status while final preparations are made.

(1) Before filing-time frame. Before preparing and filing a formal application, representatives of a new institution seeking licensure in Florida for the first time should confer with Commission staff a minimum of six months prior to the desired opening date of the institution.

(2) Review and recommendation. Upon receipt of the initial application, Commission staff will examine the application and provide applicant in writing any omissions or errors in the application and request all omitted materials within 30 days.

(3) When the application for a Provisional License is deemed complete by Commission staff, and the background checks required by law for appropriate personnel have been completed and grounds for ineligibility for licensure have not been found, the applicant school shall be granted Approved Applicant status.

(4) Confirmation letter. An applicant granted Approved Applicant status will receive a letter confirming and explaining the status. A listing of deficiencies to be corrected and conditions to be met shall be attached to the confirmation letter. No certificate or license will be provided. Any agency or member of the public requesting information from the applicant shall be provided a copy of the confirmation letter.

(5) Recommendation for Provisional License. Once an institution receives Approved Applicant status, the application will be set before the Commission for consideration of Provisional Licensure.

(6) Prohibited activities. During the period of Approved Applicant status, a new institution shall not advertise, share information with the news media implying future operations, solicit or recruit students, collect fees or tuition from or on behalf of students, offer programs of study, or engage in any activity not specifically approved by the Commission and noted in the confirmation letter. The applicant shall not use the terms “licensed” or “authorized” or in any way indicate to the public or to other agencies that it has approval to operate from the Commission or the State of Florida. Any questions from the public or the news media shall be directed to the Commission staff. Any prohibited activities by or on behalf of the institution, including misrepresentation of the Approved Applicant status, shall result in suspension or termination of the status for a length of time prescribed by the Commission.

History

• Rulemaking Authority 1005.31(2), (3) FS. Law Implemented 1005.31(2), (3), (4) FS. History–New 12-5-74, Formerly 6E-4.01(1)(a)-(e), Amended 11-11-75, 5-7-79, 10-13-83, Formerly 6E-2.01, Amended 11-27-88, 11-29-89, 12-10-90, 10-19-93, 4-2-96, 4-11-00, 1-7-03, 3-29-04, 2-20-06.

Fla. Admin. Code R. 6E-2.002 Institutional Licensure

(1) Provisional license.

(a) A new applicant for initial licensure who has received Approved Applicant status shall be granted a Provisional License for a period not to exceed one year when the Commission determines that the applicant is in substantial compliance with the standards for Annual Licensure and the appropriate fees have been paid.

(b) Although an application may be complete, containing material addressing each requirement, still there may be deficiencies in fully meeting the standards for a Provisional License. The Commission reviews all applications for Provisional License and shall impose any conditions it deems appropriate in order to comply with the standards of Rule 6E-2.004, F.A.C. Deficiencies and conditions will be itemized in the recommendation for Provisional Licensure presented by staff to the Commission, and the Commission may find that additional deficiencies exist. The Commission shall, if necessary, attach conditions which must be met before a Provisional License is granted as required by Rules 6E-2.004 and 6E-1.0032, F.A.C.

(c) Substantive change. An institution which undergoes a substantive change, as defined in subsection 6E-1.003(57), F.A.C., while holding an Annual License or a License by Means of Accreditation, shall be granted a Provisional License for a period of time determined by the Commission, except as provided in paragraph 6E-2.002(3)(g), F.A.C. An institution may submit a written request for a return to its previous status or for a new status when conditions set by the Commission have been met. Any limitations on the operation of the institution during the period of provisional licensure will be determined by the Commission when granting the Provisional License. An institution holding a Provisional License shall not request approval of or implement a substantive change until it holds an Annual License or License by Means of Accreditation. The Commission may delegate to the Executive Director, the authority to return institutions to their previous status between Commission meetings, if the Executive Director determines that changes have no negative impact on the institution or the students attending the institution. Such action shall be reported to the Commission at the next meeting for further action.

(d) Time allowed for compliance. A Provisional License shall be granted for a period up to one year, during which time the institution shall meet all conditions and demonstrate that it meets the standards for an Annual License or a License by Means of Accreditation. If the Commission determines that the applicant is making a good faith effort to comply, but a delay occurs due to extraordinary circumstances caused by considerations such as requirements of an accrediting agency or of other governmental agencies, the Commission shall grant an extension of the Provisional License up to one additional year and require payment of the appropriate fee. If the institution has not complied with all necessary standards and conditions within the period specified, including any authorized extension, a new application for licensure reflecting the current situation must be submitted and all required fees paid to start the application process again. Progress reports shall be required by the Commission during the period of provisional licensure as necessary to inform the Commission of the institution’s progress toward reaching a higher level of licensure.

(e) Probable cause. An institution for which probable cause has been found pursuant to Rule 6E-2.0061, F.A.C., shall be issued a Provisional License until the conditions leading to the finding of probable cause have been corrected. Because of the need for increased monitoring during this time, additional fees shall be assessed on a quarterly basis pursuant to Rule 6E-4.001, F.A.C.

(f) Permissible activities. While holding a Provisional License, an institution may advertise, recruit students, accept fees and tuition from or on behalf of students, and hold classes. A new institution seeking to offer degrees, a nondegree-granting institution seeking to add degree programs, or a new nondegree-granting institution whose credential requires one year or more to earn, shall not award the new degree or credential during provisional licensure. The Commission shall note in the granting of the Provisional License whether any short-term credentials can be awarded during that status, and what specific activities may occur. No programs may be advertised or offered which do not appear on the Provisional License. Fair consumer practices, as provided in Sections 1005.04 and 1005.34, F.S., and Rule 6E-1.0032, F.A.C., shall be followed by the institution in all aspects of its operation.

(g) Disciplinary actions. Grounds and procedures for disciplinary actions against a licensee are provided in Chapter 1005, F.S., and in Rule 6E-2.0061, F.A.C.

(2) Annual License.

(a) Granting. An institution that holds a Provisional License, or seeks renewal of an Annual License, shall be granted an Annual License for a period not to exceed one year when the Commission determines that the institution has demonstrated full compliance with all licensure standards and that all appropriate fees have been paid. A satisfactory on-site visit must occur prior to the granting of an initial Annual License. An accredited institution may submit a report of a satisfactory visit by its accrediting agency to satisfy this requirement.

(b) Extensions.

1. An annual license shall be extended for up to one year if the institution meets the following requirements:

a. The institution has held Annual Licensure for a minimum of five consecutive years; and,

b. The institution has no complaints pending whereupon probable cause has been found; and,

c. The institution has complied with all appropriate rules and statutes; and,

d. The institution has paid all appropriate fees.

e. Prior to the beginning of the extended year of the license, the institution shall submit reports to the Commission. The reports shall include the name, location, and license number of the institution; the name of the chief administrative officer; the number of students enrolled, withdrawn, and graduated; the percentage of placement of graduates; a copy of the institution’s catalog and enrollment agreement or application for admission; evidence of the institution’s accreditation status if any; and reports fulfilling the Commission’s financial reporting requirements. If the Commission has reason to believe that a problem may exist which could affect students, additional reports shall be requested.

2. An institution which holds an Annual License or an extension thereof shall revert to a Provisional License if the institution undergoes a substantive change or if probable cause is found.

(c) Permissible Activities.

1. Annual licensure shall permit full operation of an institution, including, if applicable, application to the Commission to add new programs or majors, or new locations, pursuant to Rule 6E-2.008, F.A.C.

2. Fair consumer practices, as provided in Sections 1005.04 and 1005.34, F.S. and Rule 6E-1.0032, F.A.C., shall be followed by the institution in all aspects of its operation.

(d) Disciplinary actions. Grounds and procedures for disciplinary actions against a licensee are provided in Chapter 1005, F.S., and in Rule 6E-2.0061, F.A.C.

(3) License by Means of Accreditation.

(a) The chair of the Commission shall appoint a committee to provide recommendations to the Commission regarding the recognition of accrediting agencies. This committee shall be composed of persons who represent a cross-section of institutions holding an Annual License or extension thereof, or a License by Means of Accreditation. The chair of the Commission shall appoint the chair of the committee. The committee shall meet at the request of the Commission chair. Any member of the accreditation review committee whose institution is accredited by, or who is personally affiliated with, an accrediting agency being reviewed shall not vote on recommendation of that accrediting agency.

1. The committee shall evaluate applications of accrediting agencies recognized by the U.S. Department of Education to provide institutional accreditation for institutions offering primarily residential programs.

2. In evaluating accrediting agencies for recommendation to the Commission, the committee shall:

a. Determine the level and scope at which the agency is recognized by the U.S. Department of Education;

b. Identify the accreditation standards of each agency. An accrediting agency shall be determined to have standards that are substantially equivalent to the standards of the Commission if they include policies and procedures in the following areas: protection of student rights and consumer protection; admission procedures; faculty credentials at various levels; curriculum and educational delivery; student services; library and media resources; outcomes assessment; evaluation of substantive changes; fiscal and administrative capabilities; and educational facilities;

c. Identify the procedures and processes of the accreditation agency to determine sufficient oversight and enforcement of its standards, and to ensure that the agency has effective mechanisms for evaluating an institution’s compliance with its standards;

d. Determine the willingness of the accrediting agency to share information in a timely manner about an institution being evaluated or visited by the accrediting agency;

e. Make a recommendation to the Commission whether an accrediting agency meets the above requirements;

f. Review the standards of recognized accrediting agencies periodically as needed to ensure continuing substantial equivalence to Commission standards.

(b) Requirements. An institution may apply for a License by Means of Accreditation if appropriate fees have been paid and if the following materials have been presented to the Commission:

1. Evidence that the institution has been licensed or exempt from licensure under Section 246.085(1)(a), F.S. (2001), in the state of Florida for the past five consecutive years; and,

2. Evidence that the institution is a Florida corporation; and,

3. Evidence that the institution holds institutional accreditation granted by an accrediting agency as defined by Section 1005.02(1), F.S., which has been evaluated by the accreditation review committee and approved by the Commission as having reporting, organizational, and operating standards substantially equivalent to the Commission’s licensure standards; and,

4. Evidence that the institution meets minimum requirements for financial responsibility. The institution shall demonstrate compliance with this requirement by filing the institution’s most recent annual independently audited financial statement, pursuant to subsection 6E-2.004(6), F.A.C. This audit shall cover a fiscal year which ended no earlier than twelve months prior to the application for licensure by means of accreditation.

(c) Evaluation. When the Commission has received the required documents and appropriate fees, the Commission shall evaluate the eligibility of the institution for Licensure by Means of Accreditation by determining, in addition, whether.

1. The institution has consistently followed fair consumer practices, as provided in Sections 1005.04 and 1005.34, F.S., and Rule 6E-1.0032, F.A.C., in all aspects of its operations; and,

2. The institution has no unresolved complaints or other actions in the past twelve months; and,

(d) Continued Exemption. An institution that was exempt from licensure under Section 246.085(1)(a), F.S. (2001), may retain an exemption until the Commission issues it a License by Means of Accreditation as provided in this rule.

(e) Annual review. At the time of annual review of a License by Means of Accreditation, the institution shall submit: a current institutional catalog; a copy of materials provided to its accrediting agency since the last license review, except in the case of a self-study, a copy of the executive summary thereof will suffice; a copy of any correspondence, including letters, motions, records of actions taken, and other similar documents provided by the accrediting agency to the institution since the last review, and the institution’s response; a copy of the annual independent institutional audit, pursuant to subsection 6E-2.004(6), F.A.C.; materials documenting that fair consumer practices are followed by the institution; and, if requested by the Commission, materials documenting that the institution has in place procedures for following the Commission’s requirements for orderly closing.

(f) Duration.

1. A License by Means of Accreditation is valid for the same period as the grant of accreditation, except as noted in subparagraph 2. of this paragraph.

2. At the conclusion of the period of the grant of accreditation for which the licensure was granted, the license will expire unless the institution has paid appropriate fees and submitted evidence that the institution continues to be eligible for a License by Means of Accreditation. In the event that the accrediting agency has deferred consideration of a renewal of the institution’s accreditation, the Commission shall consider the circumstances in making a decision whether to extend the license.

(g) Before offering a program that exceeds the scope or level of its grant of accreditation, an institution holding a License by Means of Accreditation must apply for and receive an Annual License, pursuant to Section 1005.32(4), F.S. Upon inclusion of the new program in the full grant of accreditation, the institution may apply to reinstate its License by Means of Accreditation.

(h) Disciplinary actions. Pursuant to Section 1005.32(7), F.S., repeated failure to comply with the statutory requirements for this status shall lead to denial, probation, or revocation of the status as outlined in Rule 6E-2.0061, F.A.C. If the License by Means of Accreditation is revoked or denied, the institution must immediately obtain an Annual License.

(4) Application deadlines.

(a) At least annually, the Commission shall establish specific deadline dates for the filing of licensure applications. Applicants shall be afforded a minimum of thirty (30) days notice prior to the deadline to submit an application. The Commission shall provide notice of these deadlines on its website at www.fldoe.org/cie and by electronic mail.

(b) It is the obligation of the applicant to submit an application by the deadline and to provide the Commission with an electronic address where notice of the deadline can be provided. Unless a request for an extension of time is received on or before the deadline, the provisions of subsection 6E-4.001(8), F.A.C. shall apply when an applicant fails to meet an application deadline established by the Commission under this subection.

History

• Rulemaking Authority 1005.22(1)(e), 1005.31(2), (3) FS. Law Implemented 1005.22(1)(o), (2)(d), 1005.31, 1005.32, 1005.33 FS. History–New 12-5-74, Formerly 6E-4.01(1)(f)-(i), Amended 11-11-75, 2-6-78, 5-7-79, 10-13-83, Formerly 6E-2.02, Amended 11-27-88, 11-29-89, 10-19-93, 4-2-96, 4-11-00, 1-7-03, 12-23-03, 7-10-06, 1-30-08, 10-22-13.

Fla. Admin. Code R. 6E-2.003 Institutional Applications

History

• Rulemaking Authority 246.071 FS. Law Implemented 246.051, 246.081(1) FS. History–New 12-5-74, Formerly 6E-2.01, Amended 11-11-75, Formerly 6E-2.03, Repealed 10-13-83.

Fla. Admin. Code R. 6E-2.004 Standards and Procedures for Licensure

Institutions applying for a license or moving to a new level of licensure or any other Commission action shall provide all required information to the Commission in English. Institutions providing information to students in a language other than English must retain a translation certifying the accuracy of the language of the documents in English. All information and documentation submitted pursuant to the provisions of these rules shall be accompanied by certification signed by the chief administrative officer of the institution, affirming that the information and documentation submitted is accurate. Any application or review which is not substantially complete shall be returned to the institution with a request to complete and resubmit the material.

(1) Standard 1: Name.

(a) An institution’s name must clearly indicate that the primary purpose of the institution is education, and must not be misleading to the public. Noncollegiate schools shall not use the words “college” or “university” in their names. No institution shall use a name that may lead the student to believe that the institution is a public institution, unless it is an institution provided, operated, or supported by the State of Florida or its political subdivisions, another state, or the federal government. The license will be issued in the official corporate name, or an official fictitious name if the institution provides documentation that such name is registered with the Florida Secretary of State, or comparable official in the appropriate jurisdiction. If using a fictitious name, the institution must disclose its official corporate name in its catalog.

(b) Use of the Term “College”:

1. An institution may use the term “college” in its name if it offers, or if a new applicant for licensure proposes to offer, as the majority of its total offerings and student enrollments, an academic associate degree, a baccalaureate degree, or a graduate or professional degree.

2. If an out-of-state institution whose official name includes the term “college” seeks to operate in Florida and use the term “college” in its name in this state, it must minimally offer in its home state, as the majority of its total offerings and student enrollments, an academic associate degree, a baccalaureate degree, or a graduate or professional degree. If the institution does not meet these criteria in its home state, the Commission shall require the institution to use an appropriate modifying phrase in conjunction with its name in Florida.

3. The institution must lease, contract for, or own facilities in Florida which meet or exceed the minimum standards specified in subsection 6E-2.004(9), F.A.C.

4. The institution must show evidence of continued operations as an educational institution at the college level.

(c) Use of the Term “University”:

1. An institution may use the term “university” in its name if it offers, or if a new applicant for licensure proposes to offer, as the majority of its total offerings and student enrollments, a range of undergraduate degree programs and multiple graduate degree programs; or if only graduate degrees are offered, a minimum of three graduate degree programs.

2. If an out-of-state institution whose official name includes the term “university” seeks to operate in Florida and use the term “university” in its name in this state, it must minimally offer in its home state, as the majority of its total offerings and student enrollments, a range of undergraduate degree programs and multiple graduate degree programs; or if only graduate degrees are offered, a minimum of three graduate degree programs. If the institution does not meet these criteria in its home state, the Commission shall require the institution to use an appropriate modifying phrase in conjunction with its name in Florida.

3. The institution must lease, contract for, or own facilities in Florida which meet or exceed the minimum standards specified in subsection 6E-2.004(9), F.A.C.

4. The institution must show evidence of continued operations as an educational institution at the university level.

(d) Change of Name: All institutions must notify the Commission at least 30 days prior to the institution’s change of name. All institutions must demonstrate to the Commission that the new name will meet the standards given in this rule prior to using the new name, including advertisements or promotions. Accredited institutions must document to the Commission that the accrediting agency has been notified of the change of name.

(2) Standard 2: Purpose.

(a) An institution must adopt a clearly defined purpose or mission statement appropriate to the offerings of the institution, as well as to its specific educational objectives. This statement must describe clearly the characteristics and components of the institution and its operations. The statement of purpose must be accurately stated in the institution’s current catalog.

(b) The statement of purpose serves as a foundation for the institution’s programs and activities. The practice and scope of the institution must be consistent with its statement of purpose. The statement of purpose must be approved by the governing body of the institution and reviewed periodically.

(3) Standard 3: Administrative Organization.

(a) Each institution shall provide a qualified administrative staff and such policies and procedures as are necessary to ensure the accomplishment of its purpose.

(b) Each institution and additional location shall have as its designated administrator a person who has at least two years of supervisory experience in an executive or managerial position in a similar institution or related business.

(c) Each owner (in a privately held corporation or limited liability partnership), director, and administrator of the institution in a management or supervisory position is subject to a criminal justice information investigation pursuant to Section 1005.38, F.S.

(d) Each institution shall have as its chief education/academic officer a person who has attained a minimum of an academic credential or recognition equivalent to the institution’s highest offering, or, in a school, who has a minimum of two years of practical experience in a supervisory, administrative, or teaching position related to the programs offered by the institution.

(e) Pursuant to Section 1005.39, F.S., individuals holding the following or similar positions in licensed institutions shall complete at least eight continuing education contact hours of training related to their positions each year: school director, Florida director, or chief executive officer; chief education/academic officer or director of education or training; placement director; admissions director; and financial aid director. If an individual holds more than one of these positions, the documentation shall indicate for which position the training was appropriate. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition of licensure or renewal of licensure.

(f) Each institution shall be a Florida corporation or limited liability partnership, or be registered as a foreign corporation, pursuant to the requirements of the Florida Secretary of State, or be a public institution in another state. Upon initial licensure and subsequent renewal, the institution must provide proof of active corporate status.

(g) The organizational structure shall reflect the provisions contained in the articles of incorporation, bylaws, and other governing documents, and shall provide a clearly delineated chain of authority and responsibility.

(h) Administrative and academic policies shall be officially adopted and communicated to all appropriate personnel. These policies shall include such matters as responsibilities of administrative officers, faculty qualifications and responsibilities, evaluation and improvement of institutional effectiveness, and other such policies and regulations affecting the members of the institution’s faculty, staff, and students.

(4) Standard 4: Educational programs and curricula. The following standards shall apply to all institutions licensed by the Commission for Independent Education, except as expressly stated otherwise.

(a) Programs shall be related to the institution’s purpose and organized to provide a sequence which leads to the attaining of competence in the respective area or field of study. Each program name shall not be misleading and shall accurately depict the primary purpose of the program.

(b) Programs preparing the student for an occupation or professional certification shall conform to the standards and training practices generally acceptable by the occupational or professional fields for which students are being prepared. If the practice of the occupation or profession is regulated, licensed, or certified by a state or national agency, unless the institution provides the disclosure provided in subsection 6E-1.0032(5), F.A.C., the institution must document to the Commission that successful completion of the program will make the graduate eligible to take the licensing examination or to receive the appropriate certification or practice the profession.

1. Any institution applying to offer a new prelicensure professional nursing program must obtain institutional accreditation prior to obtaining approval from the Commission. In addition to the required application and fees, the institution must provide the following as part of the application process:

a. Documentation from the accrediting agency showing all approved information and offerings. All information approved by the accrediting agency must be consistent with the information on file with the Commission.

b. A copy of the application submitted to the accrediting agency for the proposed prelicensure professional nursing program. All information in the application must be consistent with the application presented to the Commission.

c. Documentation demonstrating the program is approved by the Florida Board of Nursing. All documents provided to the Florida Board of Nursing as part of this approval must be included as part of this documentation.

2. Failure to provide all documentation as required in subparagraph 1. constitutes an incomplete application.

3. Institutions which received approval by the Commission for a prelicensure professional nursing program must obtain programmatic accreditation within the time frames required by section 464.019(11), F.S. The termination of a prelicensure professional nursing program by the Florida Board of Nursing will, after all appeals have been waived or exhausted, result in termination of the program by the Commission and require the submission of a teach-out plan which must include:

a. A plan to complete the training of current students;

b. A plan for providing refunds to current students not completing their training; and

c. Sample notices that the institution will provide to each student regarding completion of training and refunds, as applicable.

4. Institutions which received approval by the Commission for a prelicensure professional nursing program prior to July 1, 2023, must report to the Commission on a quarterly basis the status of their application for accreditation or the approval status by an institutional or programmatic accreditor recognized by the United States Department of Education.

5. If an approved prelicensure professional nursing program is placed on probation or other adverse action is taken by the Florida Board of Nursing, or an accrediting agency imposes an adverse action on the program, the Commission must review the institution for a substantive change determination as defined in subsection 6E-1.003 (60), F.A.C. If the Commission determines a substantive change has occurred, the Commission shall place the institution on provisional licensure status in accordance with paragraph 6E-2.002(1)(c), F.A.C. When granting a provisional license, the Commission must impose conditions when it serves to protect the needs of students or prospective students. The conditions may include any of the following:

a. Reporting;

b. Prohibiting a licensed institution from enrolling new students in a prelicensure professional nursing program;

c. Limiting the number of students in a prelicensure professional nursing program; and

d. Terminating the program and requiring submission of a teach-out plan to include the requirements in subparagraph 3.

(c) The amount of time scheduled for a program shall be appropriate to enable the student to acquire marketable and other skills to the extent claimed in the institution’s published documents, including the defined objectives and performance outcomes.

(d) Among the policies to be officially adopted by the administration and governing board of an institution offering programs 600 clock hours in length or longer shall be a policy giving faculty a role in the development and continual reassessment of all curricula. The policy shall be published in a faculty handbook, and shall be implemented as published.

(e) For each course to be offered, a syllabus or course outline, required equipment and supplies, and a list of competencies required for successful completion of the course shall be developed by qualified faculty and be provided in writing for all students no later than the first meeting of each class. A copy of these documents shall be kept in the institution’s files and be made available for inspection by representatives of the Commission.

(f) Qualified faculty shall evaluate the competencies of students in each subject or course included in each curriculum, including independent study courses.

(g) It is the responsibility of the institution to demonstrate, upon request of the Commission, that the scope and sequence of a proposed or operating curriculum are consistent with appropriate criteria or standards in the subject matter involved, and of an appropriate level of difficulty for the program to be offered. The Commission shall request assistance from other appropriate regulatory agencies as provided in Section 1005.22(2)(d), F.S., or appoint committees to review curricula, when necessary to ensure that specialized programs contain the appropriate material to prepare students to enter those fields.

(h) Faculty, advisory committees, or other qualified individuals must be involved in the development and ongoing review of curricula.

(i) Educational programs of 600 clock hours in length or longer shall be periodically reviewed by a committee of faculty, administrators, employers, and advisors drawn from relevant community and alumni groups, in an ongoing formalized process of evaluation and revision.

(j) Transferability of credits. At least 25% percent of the credits or hours required for completion of a program must be earned through instruction taken at the institution awarding the credential, unless a different standard has been adopted by the recognized accrediting body accrediting the institution, or by a governmental agency whose policies apply to the institution. This standard shall not apply if any of the training was taken at accredited institutions as defined in Section 1005.02(1), F.S., while the student was a member of the U.S. armed services. Units or credits applied toward the award of a credential may be derived from a combination of any or all of the following:

1. Units or credits earned at and transferred from other postsecondary institutions, when congruent and applicable to the receiving institution’s program and when validated and confirmed by the receiving institution.

2. Successful completion of challenge examinations or standardized tests demonstrating learning at the credential level in specific subject matter areas.

3. Prior learning, as validated, evaluated, and confirmed by qualified instructors at the receiving institution.

(k) Any clinical experience, internship, externship, practicum, and other such formal arrangement for which an institution offers credit toward completion of a program, shall be under the supervision of the institution. Written agreements shall be executed between the institution and the entity providing the experience prior to obtaining program approval, delineating each party’s responsibilities, the number of hours to be worked by the student, the types of work to be done by the student, the supervision to be given the student, and the method of evaluating the student’s work and certifying it to the institution as satisfactory. If such experiences are required for the completion of a program, it is the responsibility of the institution to make prior arrangements for each student enrolled in the program to participate in the necessary experience within the agreed and documented length of time required for completion of and graduation from the program; and the institution’s enrollments shall be based upon the availability of qualified clinical experiences, internships, externships, or practicums to serve all students.

(l) Policies regarding course or program cancellations shall be adopted, published, and followed by the institution.

(m) The following instructional program standards apply to nondegree diplomas:

1. Program specifications: The credential offered shall be a diploma or certificate. The duration of the program shall be appropriate for mastery of the subject matter or skills needed to pursue the occupation for which the student is being trained. There are no general education requirements.

2. Each program must have clearly defined and published objectives and occupational performance outcomes, which shall conform with accepted standards set by the Florida Department of Education or other appropriate recognized governmental or professional agencies. Institutions using occupational outcomes different from those set by recognized agencies shall document their justification for using the outcomes selected. For institutions participating in the Statewide Course Numbering System, these objectives and outcomes must conform to the requirements of that system.

3. Basic Skills.

a. An institution offering a program of four hundred fifty (450) or more clock hours or the credit hour equivalent shall administer a basic skills examination to each student who enrolls, unless the student has provided evidence of a high school graduation diploma, general equivalency diploma, or its equivalent. Institutions must maintain copies of students’ high school graduation diplomas, general equivalency diplomas, official high school transcripts, or equivalent documentation or procedures, to qualify for this exception. Attestations by the awarding entity or successor entity constitutes equivalent documentation to qualify for this exception. Student self-attestations or self-certifications, unless allowed by the institution’s accrediting agency as defined in section 1005.02, F.S., do not satisfy the evidence requirements of this subparagraph. In the case of a student who is home educated, a signed and notarized affidavit submitted by the student’s parent or legal guardian attesting that the student has completed a home education program pursuant to the requirements of section 1002.41, F.S., constitutes proof of high school completion.

b. Institutions must utilize a test approved by the United States Department of Education to determine if a student has the ability to benefit from a program of instruction, or obtain written approval from the Commission for a different basic skills test. If the test is not approved by the United States Department of Education and is submitted to the Commission for approval, the submission must include documentation that the test is nationally normed and validated and assesses a student’s mastery of basic skills. The test must be administered by an independent tester. The institution must verify the student has obtained a qualifying score on an ability to benefit test and maintain evidence of the verification in the student’s file.

c. Students deemed to lack the required minimal level of basic skills as measured by an approved examination shall, if admitted, be provided with instruction specifically designed to correct the deficiencies. Upon completion of the instruction, these students shall be retested by using an alternative form of the same examination that was used for initial testing, or another approved examination. Work intended to bring students’ basic skills up to a postsecondary level of proficiency shall not be counted toward the completion of a course or program.

4. Acceptable admission scores must be in accordance with the standards of the individual examination as it relates to the student program. These minimum test scores must be published in the current school catalog.

(n) The following instructional program standards apply to occupational associate degrees:

1. Program specifications: The credential offered shall be the Associate of Applied Science, Occupational Associate, Associate of Specialized Business, or similar title considered by the Commission to be appropriate and not misleading. The duration of the program shall be a minimum of 1,200 clock hours of instruction, 60 semester credit hours, or 90 quarter credit hours pursuant to subsections 6E-1.003(15), (53) and (55), F.A.C. The required general education component shall be at least 9 semester credit hours or 14 quarter credit hours, or the recognized clock hour equivalent. General education courses shall meet either of the definitions given in subsection 6E-1.003(7) or (38), F.A.C.

2. Programs must have clearly defined and published objectives and occupational performance outcomes, which shall conform with accepted standards set by the Florida Department of Education or other appropriate recognized governmental or professional agencies. Institutions using occupational outcomes different from those set by recognized agencies shall document their justification for using the outcomes selected. For institutions participating in the Statewide Course Numbering System these objectives and outcomes must conform to the requirements of that system.

3. Basic Skills.

a. An institution offering a program of four hundred fifty (450) or more clock hours or the credit hour equivalent shall administer a basic skills examination to each student who enrolls, unless the student has provided evidence of a high school graduation diploma, general equivalency diploma, or its equivalent. Institutions must maintain copies of students’ high school graduation diplomas, general equivalency diplomas, official high school transcripts, or equivalent documentation or procedures, to qualify for this exception. Attestations by the awarding entity or successor entity constitutes equivalent documentation to qualify for this exception. Student self-attestations or self-certifications, unless allowed by the institution’s accrediting agency as defined in section 1005.02, F.S, do not satisfy the evidence requirements of this subparagraph. In the case of a student who is home educated, a signed and notarized affidavit submitted by the student’s parent or legal guardian attesting that the student has completed a home education program pursuant to the requirements of section 1002.41, F.S., constitutes proof of high school completion.

b. Institutions must utilize a test approved by the United States Department of Education to determine if a student has the ability to benefit from a program of instruction, or obtain written approval from the Commission for a different basic skills test. If the test is not approved by the United States Department of Education and is submitted to the Commission for approval, the submission must include documentation that the test is nationally normed and validated and assesses a student’s mastery of basic skills. The test must be administered by an independent tester. The institution must verify the student has obtained a qualifying score on an ability to benefit test and maintain evidence of the verification in the student’s file.

c. Students deemed to lack the required minimal level of basic skills as measured by an approved examination shall, if admitted, be provided with instruction specifically designed to correct the deficiencies. Upon completion of the instruction, these students shall be retested by using an alternative form of the same examination that was used for initial testing, or another approved examination. Work intended to bring students’ basic skills up to a postsecondary level of proficiency shall not be counted toward the completion of a course or program.

4. Acceptable admission scores must be in accordance with the standards of the individual examination as it relates to the student program. These minimum test scores must be published in the current school catalog.

(o) The following instructional program standards apply to academic associate degrees:

1. Program specifications: The credential offered shall be the Associate in Science Degree, Associate of Arts Degree, or an associate degree of a different name that is considered by the Commission to be appropriate for an academic associate degree. The duration of the program shall be a minimum of 60 semester credit hours, 90 quarter credit hours, or the recognized clock hour equivalent. The required general education component for the Associate in Science degree shall be a minimum of 15 semester credit hours, 22.5 quarter credit hours, or the recognized clock hour equivalent. The required general education component for the Associate of Arts degree shall be a minimum of 36 semester credit hours, 54 quarter credit hours, or the recognized clock hour equivalent. General education requirements for other academic associate degrees shall be individually reviewed by the Commission to determine whether they are appropriate to the specific degree. Applied general education shall not be utilized to fulfill this requirement. All general education courses must meet the definition given in subsection 6E-1.003(38), F.A.C.

2. Each program must have clearly defined and published objectives and performance outcomes.

3. Basic Skills.

a. An institution offering academic associate degrees shall administer a basic skills examination to each student who enrolls, unless the student has provided evidence of a high school graduation diploma, general equivalency diploma, or its equivalent. Institutions must maintain copies of students’ high school graduation diplomas, general equivalency diplomas, official high school transcripts, or equivalent documentation or procedures, to qualify for this exception. Attestations by the awarding entity or successor entity constitutes equivalent documentation to qualify for this exception. Student self-attestations or self-certifications, unless allowed by the institution’s accrediting agency as defined in section 1005.02, F.S, do not satisfy the evidence requirements of this sub-subparagraph. In the case of a student who is home educated, a signed and notarized affidavit submitted by the student’s parent or legal guardian attesting that the student has completed a home education program pursuant to the requirements of section 1002.41, F.S., constitutes proof of high school completion.

b. Institutions must utilize a test approved by the United States Department of Education to determine if a student has the ability to benefit from a program of instruction, or obtain written approval from the Commission for a different basic skills test. If the test is not approved by the United States Department of Education and is submitted to the Commission for approval, the submission must include documentation that the test is nationally normed and validated and assesses a student’s mastery of basic skills. The test must be administered by an independent tester. The institution must verify the student has obtained a qualifying score on an ability to benefit test and maintain evidence of the verification in the student’s file.

c. Students deemed to lack the required minimal level of basic skills as measured by an approved examination shall, if admitted, be provided with instruction specifically designed to correct the deficiencies. Upon completion of the basic skills instruction, these students shall be retested by using an alternative form of the same examination that was used for initial testing or another approved examination. Work intended to bring students’ basic skills up to a postsecondary level of proficiency shall not be counted toward the completion of a course or program.

4. Acceptable admission scores must be in accordance with the standards of the individual examination as it relates to the student program. These minimum test scores must be published in the current school catalog.

(p) The following instructional program standards apply to bachelor’s degrees:

1. Program specifications: The credential offered shall be the Bachelor of Science Degree, Bachelor of Arts Degree, or other baccalaureate degree title considered by the Commission to be appropriate and not misleading. The duration of the program shall be a minimum of 120 semester credit hours, 180 quarter credit hours, or the recognized clock hour equivalent. The required general education component for a Bachelor of Science degree shall be a minimum of 30 semester credit hours, 45 quarter credit hours, or the recognized clock hour equivalent. The required general education component for the Bachelor of Arts degree shall be a minimum of 45 semester credit hours, 67.5 quarter credit hours, or the recognized clock hour equivalent. The general education requirements for other bachelor’s degrees shall be appropriate to the specific degree. Applied general education shall not be utilized to fulfill this requirement. All general education courses must meet the definition given in subsection 6E-1.003(38), F.A.C. Unless otherwise required by the accrediting agency, a minimum of 15 of the required general education credit hours or the recognized clock hour equivalents must be obtained at the bachelor’s level.

2. Each program must have clearly defined and published objectives and performance outcomes.

3. Basic Skills.

a. An institution offering bachelor’s degrees shall administer a basic skills examination to each student who enrolls, unless the student has provided evidence of a high school graduation diploma, general equivalency diploma, or its equivalent. Institutions must maintain copies of students’ high school graduation diplomas, general equivalency diplomas, official high school transcripts, or equivalent documentation or procedures, to qualify for this exception. Attestations by the awarding entity or successor entity constitutes equivalent documentation to qualify for this exception. Student self-attestations or self-certifications, unless allowed by the institution’s accrediting agency as defined in section 1005.02, F.S, do not satisfy the evidence requirements of this subparagraph. In the case of a student who is home educated, a signed and notarized affidavit submitted by the student’s parent or legal guardian attesting that the student has completed a home education program pursuant to the requirements of section 1002.41, F.S., constitutes proof of high school completion.

b. Institutions must utilize a test approved by the United States Department of Education to determine if a student has the ability to benefit from a program of instruction, or obtain written approval from the Commission for a different basic skills test. If the test is not approved by the United States Department of Education and is submitted to the Commission for approval, the submission must include documentation that the test is nationally normed and validated and assesses a student’s mastery of basic skills. The test must be administered by an independent tester. The institution must verify the student has obtained a qualifying score on an ability to benefit test and maintain evidence of the verification in the student’s file.

c. Students deemed to lack the required minimal level of basic skills as measured by an approved examination shall, if admitted, be provided with instruction specifically designed to correct the deficiencies. Upon completion of the instruction, these students shall be retested by using an alternative form of the same examination that was used for initial testing, or another approved examination. Work intended to bring students’ basic skills up to a postsecondary level of proficiency shall not be counted toward the completion of a course or program.

4. Acceptable admission scores must be in accordance with the standards of the individual examination as it relates to the student program. These minimum test scores must be published in the current school catalog.

(q) The following instructional program standards apply to master’s degrees:

1. Program specifications: The credential offered shall be the Master of Arts degree, Master of Science degree, or other master’s degree title considered by the Commission to be appropriate and not misleading. The duration of the program shall be a minimum of 24 semester credit hours or 36 quarter credit hours, or recognized clock hour equivalent, beyond the bachelor’s degree.

2. A bachelor’s degree will normally be a prerequisite to formal entrance to a master’s degree program, unless the master’s degree is a first professional degree as defined in subsection 6E-1.003(34), F.A.C.

3. Programs must have clearly defined and published objectives and performance outcomes.

(r) The following instructional program standards apply to doctoral degrees:

1. Program specifications: The credential offered shall be the Doctor of Philosophy, Doctor of Medicine, Doctor of Osteopathy, or other doctoral degree term considered by the Commission to be appropriate and not misleading. The duration of the program shall be a minimum of 60 semester credit hours, 90 quarter credit hours, or the recognized clock hour equivalent beyond the bachelor’s degree. The degree Doctor of Philosophy shall require a stringent research component and a dissertation for completion, and shall require appropriate accreditation by a recognized accrediting agency within three years of initiating the program, to retain licensure of the program.

2. A master’s degree will normally be a prerequisite to formal entrance to a doctoral degree program, unless the doctoral degree is a first professional degree as defined in subsection 6E-1.003(34), F.A.C.

3. Programs must have clearly defined and published objectives and performance outcomes.

(s) All institutions licensed by the Commission must disclose all avocational programs, examination preparation programs, contract training programs, continuing education, or professional development programs offered on CIE Form 303 [Program Disclosure]. This form is incorporated by reference, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16362) effective February 2024. CIE Form 303 may be obtained, without cost, from the Commission’s website at https://www.fldoe.org/policy/cie or by writing to the Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400. All institutions applying for annual license or license by means of accreditation after February 2024 by the Agency Clerk] must submit CIE Form 303 with the application.

(5) Standard 5: Recruitment and Admissions. In all admissions and recruitment-related activities, the institution shall comply with the fair consumer practices provisions of Sections 1005.04 and 1005.34, F.S., and Rule 6E-1.0032, F.A.C., and the rule regarding Agents, Rule 6E-2.010, F.A.C.

(a) An institution’s recruitment efforts shall be designed to target students who are qualified and likely to complete and benefit from the training provided by the institution.

(b) Recruiting Practices. Each institution must observe ethical practices and procedures in the recruitment of its students. Ethical practices and procedures include, at a minimum, the following:

1. An institution shall use only individuals, whether its own employees or agents, who are trained and licensed as agents pursuant to Rule 6E-2.010, F.A.C., to enroll students off-campus. Outside the United States, its territories, or its possessions, the institution may use third-party agents for recruiting; however, the institution remains responsible for the accuracy of advertising and of representations made to prospective students regarding the institution, its programs and policies, financial aid eligibility, availability and procedures, and other pertinent information. Other institutional officials who are not licensed agents may participate in occasional College Week or Career Week programs at area high schools or community centers, or give speeches regarding the institution to groups when invited; but no misleading information shall be communicated, no students shall be enrolled, and no tuition or fees shall be collected.

2. An institution shall not use employment agencies to recruit prospective students, or place advertisements in help-wanted sections of classified advertisements, or otherwise lead prospective students to believe they are responding to a job opportunity.

3. An institution shall ensure that its recruiting agents and other personnel do not make false or misleading statements about the institution, its personnel, its programs, its services, its licensure status, its accreditation, or any other pertinent information.

4. An institution shall not permit its recruiting agents or other personnel to recruit prospective students in or near welfare offices, unemployment lines, food stamp centers, homeless shelters, nursing homes, or other circumstances or settings where such persons cannot reasonably be expected to make informed and considered enrollment decisions. Institutions may, however, recruit and enroll prospective students at one-stop centers operated under government auspices, provided that all other recruitment and admissions requirements are met.

5. An institution shall inform each student accurately about financial assistance and obligations for repayment of loans.

6. An institution shall not make explicit or implicit promises of employment or salary expectations to prospective students.

7. An institution shall not permit the payment of cash or other nonmonetary incentives, such as but not limited to travel or gift certificates, to any prospective student as an inducement to enroll or visit the institution. An institution shall not use the word “free” or its synonyms in reference to any equipment, tuition, books, or other items in conjunction with recruiting or advertising. Any reduction of tuition or fees must comply with subsection 6E-1.0032(7), F.A.C.

8. An institution must provide the applicant with a copy of the completed enrollment agreement, signed by both parties.

9. Ethical practices shall be followed in all aspects of the recruiting process. An institution shall ensure that its personnel do not discredit other institutions by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or similar negative characteristics; making other false representations; disparaging the character, nature, quality, value or scope of their program of instruction or services; or demeaning their students. An institution shall also ensure that its personnel do not knowingly influence any student to leave another institution or encourage a student to change plans after signing an enrollment application and paying a registration fee to another institution.

(c) Admissions Acceptance Policies. The purpose of this section is to ensure that institutions admit only those students who are capable of successfully completing the training offered. Admission decisions shall be based on fair, effective, and consistently applied criteria that enable the institution to make an informed judgment as to an applicant’s ability to achieve the program’s objectives.

1. An institution shall determine with reasonable certainty that each applicant for enrollment is fully informed as to the nature of the training provided. The institution shall advise each applicant prior to admission to ensure that the applicant understands the program’s responsibilities and demands.

2. An institution shall consistently and fairly apply its admission standards as published. It shall determine that applicants admitted meet such standards and are capable of benefitting from the training offered, and that applicants rejected did not meet such standards. The institution shall ensure that each applicant admitted has the proper qualifications, abilities, and skills necessary to complete the training, and shall secure and maintain documentation to demonstrate that each applicant meets all admissions requirements.

3. If an institution enrolls a person who does not have a high school diploma or recognized equivalency certificate, the determination of the applicant’s ability to benefit from the training offered must be confirmed as provided in subparagraphs (4)(m)3., (4)(n)3., (4)(o)3., and (4)(p)3. of this rule.

4. An institution shall not deny admission or discriminate against students enrolled at the institution on the basis of race, creed, color, sex, age, disability or national origin. Institutions must reasonably accommodate applicants and students with disabilities to the extent required by applicable law.

5. An institution shall not accept enrollment from a person of compulsory school age, or one attending a school at the secondary level, unless the institution has established through contact with properly responsible parties that pursuit of the training will not be detrimental to the student’s regular schoolwork.

6. The institution shall document its reasons for denying admission to any prospective student. Records of denied applicants must be kept on file for at least one year.

(6) Standard 6: Finances. All institutions must demonstrate that the financial structure of the institution is sound, with resources sufficient for the proposed operations of the institution and the discharge of its obligations to the students. To demonstrate this, the school shall provide the following:

(a) Initial Provisional License, Extension of Initial Provisional License or Provisional License Due to Change in Ownership:

1. A business plan setting forth the sources, kinds and amounts of both current and anticipated financial resources. The plan shall include a budget for the institution’s operation, clearly identifying sources of revenue to ensure effective operations. Institutions shall submit information relating to their business plans on Form CIE 605, Business Plan, (http://www.flrules.org/Gateway/reference.asp?No=Ref-02649), effective July 2013. Institutions shall submit information relating to their budgets on Form CIE 606, Projected or Actual Budget, (http://www.flrules.org/Gateway/reference.asp?No=Ref-02650), effective July 2013. These forms are incorporated by reference and may be obtained without cost from the Commission’s website at www.fldoe.org/cie or by writing to the Commission for Independent Education at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

2. A pro forma balance sheet prepared for the type of institution making application.

3. A financial statement of the parent corporation that comtrols the institution compiled, reviewed or audited in accordance with Generally Accepted Accounting Principles, prepared by an independent certified public accountant. This statement must demonstrate sufficient resources to ensure institutional development.

4. Institutions that are new and do not have a history of educational operations shall provide financial statements of the controlling principals, compiled, reviewed, or audited by an independent certified public accountant.

(b) Annual License, Extension of Annual License, or Annual Review:

1. Licensed nondegree schools shall provide annually a review or audit, prepared in accordance with Generally Accepted Accounting Principles by an independent certified public accountant. Licensed colleges and universities shall provide annually an audit, prepared in accordance with Generally Accepted Accounting Principles by an independent certified public accountant. This annual financial statement shall demonstrate that the current assets of the institution exceed the current liabilities, and that there was a positive net working capital and a profit or surplus for the prior year. If an institution does not meet the above requirements, the Commission shall require an explanation of the financial condition of the institution including a financial improvement plan or teach-out plan or form of surety guaranteeing that the resources are sufficient to protect the current students. If the Commission determines that the institution does not have sufficient resources, it shall take actions up to and including revocation of licensure.

2. If an independent postsecondary educational institution earns less than $100,000 gross tuition revenue per the institution’s fiscal year, the institution shall provide both a financial statement of the institution and of the controlling principals. The financial statement shall be compiled, reviewed, or audited by an independent certified public accountant. These statements must demonstrate sufficient resources to ensure appropriate institutional development.

3. Non-Florida corporations having one or more Florida location shall provide a profit and loss statement for each location in order to assess the financial stability of each individual location.

(c) License by Means of Accreditation: All institutions shall submit an annual audit prepared in accordance with Generally Accepted Accounting Principles by an independent certified public accountant. This audit shall demonstrate that the current assets of the institution exceed the current liabilities, and that there was a positive net working capital and a profit or surplus for the prior year. If an institution does not meet the above requirements, the Commission shall require an explanation of the financial condition of the institution including a financial improvement plan or teach-out plan or form of surety guaranteeing that the resources are sufficient to protect the current students. If the Commission determines that the institution does not have sufficient resources, it shall take actions up to and including revocation of licensure.

(d) In addition to the financial information required above, institutions shall submit CIE Form 604, entitled Selected Financial Data (http://www.flrules.org/Gateway/reference.asp?No=Ref-03092), effective October 2013. This form is incorporated by reference and may be obtained without cost from the Commission’s website at www.fldoe.org/cie or by writing to the Commission for Independent Education at 325 West Gaines Street, Suite 1414, Tallahassee, FL 32399-0400.

(7) Standard 7: Faculty.

(a) Nondegree Diploma Programs:

1. Verification of Credentials. Institutions shall maintain evidence of the credentials that qualify faculty members to teach their assigned courses. All faculty files shall include a resume or detailed application clearly reflecting the instructor’s educational and work experience. In addition, official transcripts for all degrees held by all faculty members shall be on file and available to the Commission upon request at each location and translated into English. Institutions shall also maintain copies of other documents which reflect the instructor’s qualifications to teach, such as copies of licenses and certifications.

2. Faculty Qualifications. These standards shall apply to all full-time, part-time and adjunct faculty.

a. Institutions whose graduates must pass state, federal or other licensing examinations before being licensed to practice their vocation, technology, trade or business must provide evidence that each instructor teaching in that field holds a current and valid Florida occupational license in the occupation being taught.

b. For all non-degreed faculty, the burden of proof is on the institution to demonstrate instructor competence in the subjects taught. Instructors shall have completed postsecondary training in either a state licensed school or a college accredited by an accrediting agency recognized by the United States Department of Education plus one year of job experience related to the subjects taught; or have completed a minimum of three years of successful job experience directly related to the subjects taught.

3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for renewal of licensure.

4. Faculty Staffing. The number of faculty shall be sufficient to serve properly the number of students enrolled.

(b) Occupational Associate Degrees:

1. Verification of Credentials. Institutions must maintain evidence of the credentials that qualify faculty members to teach their assigned courses. All faculty files must maintain a resume or detailed application clearly reflecting the instructor’s educational and work experience. In addition, official transcripts for all degrees held by all faculty members shall be on file and shall be available to the Commission upon request at each location and translated into English. Institutions shall also maintain copies of other documents which reflect the instructor’s qualifications to teach, such as copies of licenses and certifications.

2. Faculty Qualifications. These standards shall apply to all full-time, part-time and adjunct faculty:

a. All general education and academic courses shall be taught by instructors who possess, at a minimum, a bachelor’s degree and appropriate coursework in the assigned subject from an accredited college or university.

b. All other courses shall be taught by instructors who possess a bachelor’s degree and appropriate coursework in the assigned subject from an accredited college or university; or who have completed postsecondary training in either an accredited college or a state licensed school with training in the subject to be taught, plus two years of job experience related to the subjects to be taught; or who have completed a minimum of three years of successful job experience directly related to the subjects being taught. For all non-degreed faculty, the burden of proof is on the institution to demonstrate instructor competence in the subjects taught.

c. Institutions whose graduates must pass state, federal or other licensing examinations before being licensed to practice their vocation, technology, trade or business must provide evidence that each instructor teaching in that field holds a current and valid Florida occupational license in the occupation being taught.

3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for renewal of licensure.

4. Faculty Staffing. The number of faculty shall be sufficient to serve properly the number of students enrolled.

(c) Academic Associate Degrees:

1. Verification of Credentials. Institutions must maintain evidence of the credentials that qualify faculty members to teach their assigned courses. All faculty files must maintain a resume or detailed application clearly reflecting the instructor’s educational and work experience. In addition, official transcripts for all degrees held by all faculty members shall be on file and shall be available to the Commission upon request at each location and translated into English. Institutions shall also maintain copies of other documents which reflect the instructor’s qualifications to teach, such as copies of licenses and certifications.

2. Faculty Qualifications. These standards shall apply to all full-time, part-time and adjunct faculty:

a. All instructors shall hold bachelor’s degrees, at a minimum.

b. Instructors teaching general education and other academic courses shall be assigned based on their major and minor academic preparation and related experience.

c. Institutions shall justify to the Commission exceptions to the bachelor’s degree requirement for instructors teaching technical or vocational subjects in fields in which bachelor’s degrees are not generally available, if the institution demonstrates that the instructors have documented alternative expertise in the field or subject area to be taught, such as educational preparation at other than the bachelor’s degree level, professional certification, or significant related work experience. For all faculty not holding a bachelor’s degree, the burden of proof is on the institution to demonstrate instructor competence in the subjects taught.

d. Institutions whose graduates must pass state, federal or other licensing examinations before being licensed to practice their vocation, technology, trade or business must provide evidence that each instructor teaching in that field holds a current and valid Florida occupational license in the occupation taught.

3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for renewal of licensure.

4. Faculty Staffing. The number of faculty shall be sufficient to serve properly the number of students enrolled.

(d) Bachelor’s Degrees:

1. Verification of Credentials. Institutions shall follow the provisions of subparagraph (7)(c)1. of this rule.

2. Faculty Qualifications. These standards shall apply to all full-time, part-time and adjunct faculty:

a. All instructors shall hold master’s degrees, at a minimum, except as provided in sub-subparagraph c. below.

b. Instructors teaching general education and other academic courses shall be assigned based on their major and minor academic preparation and related experience.

c. Institutions shall justify to the Commission exceptions to the master’s degree requirement for instructors teaching technical or specialized subjects in fields in which master’s degrees are not generally available, if the institution demonstrates that those instructors have documented alternative expertise in the field or subject area to be taught, such as educational preparation at other than the master’s degree level, professional certification, or significant related work experience. For all faculty not holding a master’s degree, the burden of proof is on the institution to demonstrate instructor competence in the subjects taught.

d. At least one-half of the lower division courses and all upper division courses, including any courses common to nonacademic degree or nondegree programs, shall be taught by faculty members holding graduate degrees, professional degrees such as Juris Doctor (J.D.) or Doctor of Medicine (M.D.), or bachelor’s degrees plus professional certification.

3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for renewal of licensure.

4. Faculty Staffing. The number of faculty shall be sufficient to serve properly the number of students enrolled.

(e) Master’s Degrees:

1. Verification of Credentials. Institutions shall comply with the provisions of subparagraph (7)(c)1. of this rule.

2. Faculty Qualifications. These standards shall apply to all full-time, part-time and adjunct faculty:

a. All instructors shall hold graduate degrees, at a minimum.

b. All instructors shall be assigned based on their major and minor areas of academic preparation and related experience.

c. Institutions shall justify to the Commission exceptions to the graduate degree requirement for instructors if the institution demonstrates that the instructors have documented exceptional practical or professional experience in the assigned field or if the assigned field is one in which graduate degrees are not widely available. For all faculty not holding graduate degrees, the burden of proof is on the institution to demonstrate instructor competence in the subjects taught.

d. At least one-half of all graduate-level courses shall be taught by faculty possessing terminal degrees. A J.D. degree shall be considered a terminal degree for all law-related courses. Professional certification is not an acceptable substitute for the terminal degree requirement.

3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for renewal of licensure.

4. Faculty Staffing. The number of faculty shall be sufficient to serve properly the number of students enrolled.

(f) Doctoral Degrees:

1. Verification of Credentials. Institutions shall comply with the provisions of subparagraph (7)(c)1. of this rule.

2. Faculty Qualifications. These standards shall apply to all full-time, part-time and adjunct faculty:

a. All instructors shall hold terminal degrees, at a minimum. A J.D. degree shall be considered a terminal degree for all law-related courses. Professional certification is not a substitute for a terminal degree.

b. All instructors shall be assigned based on their major and minor areas of academic preparation and related experience.

c. Institutions shall justify to the Commission occasional exceptions to the terminal degree requirement for instructors, if the institution demonstrates that the instructors have documented exceptional practical or professional experience in the assigned field, or that the assigned field is one in which terminal degrees are not widely available.

3. Pursuant to Section 1005.39, F.S., faculty in licensed institutions shall complete eight continuing hours of training related to their positions each year. Records of actual training shall be available for inspection at the institution. Compliance with this requirement is a condition for renewal of licensure.

4. Faculty Staffing. The number of faculty shall be sufficient to serve properly the number of students enrolled.

(8) Standard 8: Library, Learning Resources and Information Services.

(a) Nondegree Diplomas:

1. General standard. Learning resources and information services shall be appropriate to the level and scope of program offerings. In providing learning resources, at a minimum, an institution shall:

a. Develop an appropriate base of learning resources and information services;

b. Ensure access to resources and services for all students;

c. Develop a continuous assessment and improvement strategy for learning resources and information services;

d. Provide adequate staff to support the learning resources and information services function; and,

e. Ensure that students and instructors utilize the learning resources and information services as an integral part of the learning process.

2. Required learning resources. Learning resources, including on-line resources, shall include current titles, periodicals, and professional journals appropriate for the educational programs. At a minimum, noncollegiate institutions shall have available and easily accessible standard reference works such as a current unabridged dictionary, a thesaurus, and recent editions of handbooks appropriate to the curriculum.

3. Inventory. A current inventory of learning resources shall be maintained.

(b) Occupational Associate Degrees:

1. General standard. Learning resources and information services shall be appropriate to the level and scope of program offerings. In providing learning resources, at a minimum, an institution must comply with the provisions of subparagraph (8)(a)1. of this rule.

2. Required learning resources. The institution shall provide access to learning resources supervised by a staff member who demonstrates competence to provide oversight. Learning resources shall include holdings appropriate to the educational programs, including current titles, relevant current periodicals, relevant reference materials and professional journals, and electronic resources in sufficient titles and numbers to adequately serve the students. At a minimum, institutions shall have available and easily accessible standard reference works such as a current unabridged dictionary, a thesaurus, and recent editions of handbooks appropriate to the curriculum.

3. Inventory. A current inventory of learning resources shall be maintained.

(c) Academic Associate Degrees:

1. General standard. Learning resources and information services shall be appropriate to the level and scope of program offerings. In providing learning resources, at a minimum, an institution must comply with the provisions of subparagraph (8)(a)1. of this rule.

2. Staff. The institution shall provide access to learning resources. A professionally trained librarian shall supervise and manage the learning resources and information services, facilitate their integration into all phases of the institution’s curricular and educational offerings, and assist students in their use. A professionally trained librarian is one who holds a bachelor’s or master’s degree in library or information sciences/studies or a comparable program accredited by the American Library Association, state certification, or other equivalent qualification to work as a librarian, where applicable. During scheduled library hours, there shall be a trained individual on duty to supervise the learning resource center/library and to assist students with library functions. This person shall be competent both to use and to aid in the use of the technologies and resources available in the library.

3. Budget. An annual library budget shall be developed by the institution with allocations expended appropriate to the size and scope of the institution and its program offerings.

4. Holdings. A collegiate library shall provide access to holdings appropriate to the size of the institution and the breadth of its educational programs, including current titles, relevant current periodicals, relevant reference materials and professional journals, and electronic resources in sufficient titles and numbers to adequately serve the students. On-site resources shall be classified using a recognized classification system such as the Dewey Decimal System or Library of Congress system. Records of circulation and inventory shall be current and accurate and must be maintained to assist in evaluating the adequacy and utilization of the holdings.

5. Use and accessibility. Learning resources and information services must be available at times consistent with the typical student’s schedule. In the case of electronic resources, a sufficient number of terminals shall be provided for student use. If interlibrary agreements are utilized, provisions for such use must be practical and accessible and use must be documented.

6. Inventory. A current inventory of learning resources shall be maintained.

(d) Bachelor’s Degrees:

1. General standard. Learning resources and information services shall be appropriate to the level and scope of program offerings. In providing learning resources, at a minimum, an institution must comply with the provisions of subparagraph (8)(a)1. of this rule.

2. Staff. The institution shall provide access to learning resources. A full-time professionally trained librarian shall supervise and manage the learning resources and information services, facilitate their integration into all phases of the institution’s curricular and educational offerings, and assist students in their use. A professionally trained librarian is one who holds a master’s degree in library or information sciences/studies or comparable program accredited by the American Library Association, state certification, or other equivalent qualification to work as a librarian. During scheduled library hours, there shall be a trained individual on duty to supervise the learning resource center/library and to assist students with library functions. This person shall be competent both to use and to aid in the use of the technologies and resources available in the library.

3. Budget. An annual library budget shall be developed by the institution with allocations expended appropriate to the size and scope of the institution and its program offerings.

4. Holdings. A collegiate library shall provide access to holdings appropriate to the size of the institution and the breadth of its educational programs, including current titles, relevant current periodicals, relevant reference materials and professional journals, and electronic resources in sufficient titles and numbers to adequately serve the students. On-site resources shall be classified using a recognized classification system such as the Dewey Decimal System or Library of Congress. Records of circulation and inventory shall be current and accurate and must be maintained to assist in evaluating the adequacy and utilization of the holdings.

5. Use and accessibility. Institutions shall comply with the provisions of subparagraph (8)(c)5. of this rule.

6. Inventory. A current inventory of learning resources shall be maintained.

(e) Master’s and Doctoral Degrees:

1. General standard. Learning resources and information services shall be appropriate to the level and scope of program offerings. In providing learning resources, at a minimum, an institution must comply with the provisions of subparagraph (8)(a)1. of this rule.

2. Staff. The institution shall provide access to learning resources. A full-time professionally trained librarian shall supervise and manage the learning resources and information services, facilitate their integration into all phases of the institution’s curricular and educational offerings, and assist students in their use. A professionally trained librarian is one who holds a master’s degree in library or information sciences/studies or comparable program accredited by the American Library Association or state certification or other equivalent qualification to work as a librarian, where applicable. A librarian with special qualifications to aid in research shall be available. During scheduled library hours, there shall be a trained individual on duty to supervise the learning resource center/library and to assist students with library functions. This person shall be competent both to use and to aid in the use of the technologies and resources available in the library.

3. Budget. An annual library budget shall be developed by the institution with allocations expended appropriate to the size and scope of the institution and its program offerings.

4. Holdings. Institutions offering master’s or doctoral degree programs shall provide access to substantially different library resources in terms of their depth and breadth from those required for baccalaureate degree programs. These resources shall include bibliographic and monographic references, major professional journals and reference services, research and methodology materials and, as appropriate, information technologies. The depth and breadth of the accessible library holdings shall be such as to exceed the requirements of the average student in order to encourage the intellectual development of superior students and to enrich the professional development of the faculty. On-site resources shall be classified using a recognized classification system such as the Dewey Decimal System or Library of Congress system. Records of circulation and inventory shall be current and accurate and must be maintained to assist in evaluating the adequacy and utilization of the holdings.

5. Use and accessibility. Learning resources and information services must be available at times consistent with the typical student’s schedule. In the case of electronic resources, a sufficient number of terminals shall be provided for student use. If interlibrary agreements are utilized, provisions for such use must be practical and accessible and use must be documented.

6. Inventory. Access to a current inventory of learning resources shall be maintained.

(9) Standard 9: Physical Facilities. All institutions and physical facilities, regardless of the level of credentials offered, shall comply with the following standards:

(a) Each institution shall provide an environment that is conducive to good instruction and learning and that supports the educational programs offered by the institution. The adequacy of the environment is assessed against the demands made upon it by the curricula, faculty and students.

(b) Each institution shall provide and maintain a physical plant with academic classrooms, laboratories, administrative offices, and service areas adequate for the educational programs and the anticipated number of faculty and students. Documentation for this shall include a site plan, annotated floor plan and a narrative description which describes completely the institution’s physical plant.

(c) Each institution, including all physical facilities, shall meet the general tests of safety, usefulness, cleanliness, maintenance, health, lighting, ventilation and any other requirements conducive to health, safety and comfort. Each institution shall provide evidence of compliance with zoning, fire, safety and sanitation standards issued by all applicable regulatory authorities for all instructional and student housing facilities.

(d) Each institution shall maintain the necessary supplies and equipment for the students enrolled and programs conducted.

(10) Standard 10: Student Services. All institutions, regardless of the level of credentials offered, shall comply with the following standards:

(a) Each institution shall designate a properly trained individual to provide each of the following student services: academic advisement, financial aid advisement, personal advisement, and placement services. The extent of these services and the personnel assigned to them shall be determined by the size of the institution and the type of program offerings.

(b) All institutions must submit a retention and completion management plan on CIE Form 500, [Retention and Completion Management Plan]. This form is incorporated by reference, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16363) effective February 2024. CIE Form 500 may be obtained, without cost, from the Commission’s website at https://www.fldoe.org/policy/cie or by writing to the Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400. All institutions applying for initial licensure or renewal after February 2024 must submit CIE Form 500 with the application.

(c) Placement services. Placement services shall be provided to all graduates without additional charge. No guarantee of placement shall be directly or indirectly implied. Records of initial employment of all graduates shall be maintained. Exceptions to this requirement shall be made for those graduates who attended the institution on a student visa or other temporary immigration status, and who do not seek employment in this country.

(d) All licensed institutions must report by March 15, 2024, and by November 30 of each year thereafter, for the previous academic year ending June 30, the required student data on the CIE forms specified in paragraph (i).

1. The Commission shall assess a fine of $250, for the first infraction, and $500 for the second or subsequent infraction, not to exceed $500 for each reporting period, for failure to submit accountability data required by subsection 6E-2.004(10), F.A.C., within fourteen (14) days of the deadlines specified in paragraph (d). Fines must be paid within thirty (30) days of the date the order imposing the assessment becomes final. Fines collected pursuant to this section shall be reported separately on the Student Protection Fund Report distributed at each Commission meeting. Failure to pay the fine and submit the accountability data to the Commission within thirty (30) days of the final order constitutes a violation of section 1005.11, F.S., for which disciplinary action is authorized under section 1005.38, F.S., and rule 6E-2.0061, F.A.C.

2. Upon request from the Commission, the institution shall provide all documentation relied upon in producing the submitted data, which may include the students’ names and contact information, programs of study, dates of enrollment and graduation, professional licensure, places of employment and employer contact information. This documentation shall be communicated to the Commission in a secure manner in compliance with Department of Education’s data collection and retention policies and procedures.

(e) Retention, graduation and placement rates shall be calculated for each licensed institution using the following definitions and formulas. Retention, graduation, and placement rates shall be calculated both programmatically and institutionally and evaluated by the Commission at the time of annual licensure.

1. “Retention Rate” is a percentage determined by the following division ratio: The numerator shall be the total number of students, which includes existing students, new starts, re-entries, transfers, and graduates, enrolled in a program for the reporting period less than the difference between the total number of withdrawals in the reporting period and the number of students who withdrew for excusable reasons as defined in subparagraph 5. The denominator shall be the total number of students enrolled in the program at any point during the reporting period. “Total numbers of students” shall include only students who have completed at least ten (10) percent of any program, term, quarter, or semester, whichever is less, within the reporting period.

2. A “Graduate” is a completer of a program who was awarded a diploma, degree, or other credential for completion of the program and who fulfilled all of the institution’s published graduation requirements.

3. “Graduation Rate” is a percentage determined by the following division ratio: The numerator shall be the number of graduates that finished within one and one-half times their initial enrollment period during the reporting period. The denominator shall be the total number of graduates in the reporting period, and total withdrawals in the reporting period less the excused withdraws as defined in subparagraph 5.

4. “Placement Rate” is a percentage determined by the following division ratio: The numerator shall be the number of graduates of the program in the reporting period who are employed, are in active military service, or are enrolled in another postsecondary program. The denominator shall be the total graduates of the program in the reporting period who are available for placement. All graduates will be considered available for placement except for graduates that the institution can document are unable to work due to a medical condition, death or incarceration and graduates who are exempt from placement services in accordance with paragraph (c).

5. Excused withdrawals shall include death, incarceration, active military service, return to their country of origin due to an expired visa, a documented medical condition which prevents the student from attending the institution even if reasonable accommodations are offered, or a documented job relocation or transfer.

(f) Placement Improvement Plans.

1. An institution holding provisional or annual licensure shall report its placement rate, as defined in paragraph (e), with each license review. If the institutional placement rate, which is calculated by the aggregation of program placement rates across the total number of students, falls below sixty five (65) percent, the Commission shall require the institution to submit a placement improvement plan. This percentage will be reviewed for revision to reflect high expectations every three (3) years. This plan shall include actions to be taken to improve the placement rate and shall be submitted to the Commission. A progress report shall be filed with the Commission after a period designated by the Commission, and shall include information on placement personnel, placement activities, job development activities, and additional data as requested by the Commission to show the effectiveness of the plan in improving the placement rate. If the progress report does not show an improvement as accepted by the Commission, the Commission shall take actions up to and including revocation of license.

2. In addition to the requirements in subparagraph (f)1. above, an institution holding a provisional or annual license and accredited by an agency recognized by the United States Department of Education shall also report its placement rate, as required by its respective accrediting agency, with each annual review. If the placement rate does not meet the accrediting agency’s requirements, the Commission shall place the institution on a placement improvement plan. This plan shall be developed by the institution and include actions to be taken to improve the placement rate, and shall be submitted to the Commission. A progress report shall be filed with the Commission after a period designated by the Commission and shall include information documenting the activities taken by the institution to improve the placement rate. If the progress report does not show improvement and is not accepted by the Commission, the Commission shall take actions up to and including revocation of license.

3. An institution licensed by means of accreditation must report its placement rate, as required by its accrediting agency, with each annual review. If the institutional or programmatic placement rate does not meet the accrediting agency’s requirements, the institution must submit the placement improvement plan, if any, required by its accrediting agency.

(g) Retention Improvement Plans.

1. An institution holding provisional or annual licensure shall report its retention rate as defined in paragraph (e) with each license review. If the institutional retention rate, which is calculated by the aggregation of program retention rates across the total number of students, falls below sixty (60) percent, the Commission shall require the institution to submit a retention improvement plan. This percentage will be reviewed for revision to reflect high expectations every three (3) years. This plan shall include actions to be taken to improve other retention rate, and shall be submitted to the Commission. A progress report shall be filed with the Commission after a period designated by the Commission, and shall include information documenting the activities taken by the institution to improve the retention rate. If the progress report is not accepted by the Commission, the Commission shall take actions up to and including revocation of license.

2. In addition to the requirements in subparagraph (g)1. above, an institution holding a provisional or annual license and accredited by an agency recognized by United States Department of Education shall also report its retention rate, as required by its respective accrediting agency, with each annual review. If the retention rate does not meet the accrediting agency’s requirements the Commission shall place the institution on a retention improvement plan. This plan shall be developed by the institution and include actions to be taken to improve the retention rate, and shall be submitted to the Commission. A progress report shall be filed with the Commission after a period designated by the Commission and shall include information documenting the activities taken by the institution to improve the retention rate. If the progress report does not show an improvement as accepted by the Commission, the Commission shall take actions up to and including revocation of license.

3. An institution licensed by means of accreditation must report its retention rate, as required by its accrediting agency, with each annual review. If the institutional or programmatic retention rate does not meet the accrediting agency’s requirements, the institution must submit the retention improvement plan, if any, required by its accrediting agency.

(h) Graduation Improvement Plans.

1. An institution holding a provisional or annual license must report its graduation rate, as defined in paragraph (e), with each license review. If the institutional graduation rate, which is calculated by the aggregation of program graduation rates across the total number of students, for an institution holding a provisional or annual license falls below fifty five (55) percent, the institution must submit a graduation improvement plan. This percentage will be reviewed for revision to reflect high expectations every three (3) years. This plan must include actions designed to improve the graduation rate and shall be submitted to the Commission. A progress report must be filed with the Commission after a period designated by the Commission and shall include information documenting the activities taken by the institution to improve the graduation rate. If the progress report does not show an improvement and is not accepted by the Commission, the Commission shall take actions up to and including revocation of license.

2. In addition to the requirements in subparagraph (h)1. above, an institution holding a provisional or annual license and accredited by an agency recognized by United States Department of Education must also report its graduation rate, as required by its respective accrediting agency, with each annual review. If the graduation rate does not meet the accrediting agency’s requirements, the institution must submit a graduation improvement plan. This plan must be developed by the institution and include actions to be taken to improve the graduation rate, and must be submitted to the Commission. A progress report must be filed with the Commission after a period designated by the Commission and must include information documenting the activities taken by the institution to improve the graduation rate. If the progress report does not show an improvement and is not accepted by the Commission, the Commission shall take actions up to and including revocation of license.

3. An institution licensed by means of accreditation must report its graduation rate, as required by its accrediting agency, with each annual review. If the institutional or programmatic graduation rate does not meet the accrediting agency’s requirements, the institution must submit to the Commission the graduation improvement plan, if any, required by its accrediting agency.

(i) All licensed institutions shall submit the data required in paragraph (d) above on CIE Form 801, Annual Student Data Collection for Licensed Institutions (http://www.flrules.org/Gateway/reference.asp?No=Ref-16856), effective August 2024. All institutions licensed by the Commission which are institutionally accredited by an agency recognized by the United States Department of Education also must submit data using CIE Form 803, Placement and Retention Reporting for Institutionally Accredited Institutions – Institutional Reporting (http://www.flrules.org/Gateway/reference.asp?No=Ref-16360), effective February 2024 and CIE Form 804, Placement and Retention Reporting for Institutionally Accredited Institutions – Programmatic Reporting (http://www.flrules.org/Gateway/reference.asp?No=Ref-16361), effective February 2024, as applicable. These forms are incorporated by reference and may be obtained without cost from the Commission’s website www.fldoe.org/cie or by writing to the Commission for Independent Education at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

(11) Standard 11: Publications and Advertising.

(a) General Standard. Each institution shall comply with these provisions, regardless of the level of credentials offered. Publications must be presented in a professional manner. Information published must be accurate and factual and reflect the current status of the institution.

(b) Catalog.

1. Pursuant to Section 1005.04(1)(a), F.S., certain disclosures are required to be made in writing to prospective students one week prior to enrollment or collection of tuition. If the institution uses its catalog as the sole source of those required disclosures, the institution shall ensure that each prospective student is provided a written copy, or has access to an electronic copy, of the catalog one week prior to enrollment or collection of tuition.

2. Each institution shall publish and provide to each enrolled student a catalog in written or electronic form. Written catalogs shall be professionally printed and bound. If electronic catalogs are also used, the two versions shall contain the same information, except for updates that may be provided more quickly in electronic versions. The catalog shall constitute a contractual obligation of the school to the student and shall be the official statement of the school’s policies, programs, services, and charges and fees. The catalog shall include, at a minimum, the following information:

a. Name, address and telephone number of the institution;

b. Identifying data such as volume number and effective dates of the catalog;

c. Table of contents or index. Pages of the catalog shall be numbered and included in the table of contents or index;

d. A statement of legal control which includes the names of the trustees, directors, and officers of the corporation;

e. If the institution is accredited as defined in Section 1005.02(1), F.S., a statement of accreditation. If an institution claims accreditation by an accrediting agency that is not recognized by the United States Department of Education, the disclosure required in paragraph 6E-1.0032(6)(d), F.A.C., is to be inserted in the catalog and in all publications or advertising, as defined in subsection 6E-1.003(6), F.A.C., wherever the unrecognized accrediting association or agency is mentioned;

f. The following statement: “Licensed by the Commission for Independent Education, Florida Department of Education. Additional information regarding this institution may be obtained by contacting the Commission at 325 West Gaines Street, Suite 1414, Tallahassee, FL 323099-0400, toll-free telephone number (888)224-6684;”

g. The names and titles of all full-time and part-time administrators;

h. A listing of all faculty indicating degrees held and institutions or agencies awarding the credentials;

i. A statement of the purpose of the institution;

j. An academic calendar showing beginning and ending dates of enrollment periods, programs, terms, quarters, or semesters; holidays; registration dates; and other significant dates and deadlines;

k. The institution’s admission requirements, policies, and procedures, including the basis for admissions, and test requirements, if applicable, for each program offered. Admissions requirements shall be in compliance with the provisions of paragraph 6E-1.0032(6)(g), F.A.C.;

l. Specific procedures for the granting of credit for prior learning or by examination, if offered, including the maximum amount of credit which can be obtained in this manner, pursuant to Rule 6E-2.0041, F.A.C.;

m. A statement regarding the transfer of credit both to and from the institution, in compliance with the provisions of paragraph 6E-1.0032(6)(f), F.A.C.;

n. A description of the curricula for all programs offered, including for each: a statement of the objective or purpose of the program; an accurate and complete listing of the courses included in each program, each with a unique identifying number and title; identification of courses that are general education courses, if applicable; the credit or clock hours awarded for each course; the total credits or clock hours and grades required for satisfactory completion of the program; requirements for certification, licensing or registration in the program career field, as applicable; and any additional or special requirements for completion;

o. A description of each course offered, including identifying number, title, credit or clock hours awarded, a description of the contents of the course including language of instruction if other than English, and prerequisites, if any;

p. A description of the course numbering system, in compliance with Section 1007.24(7), F.S., and applicable State Board of Education rule(s).

q. An explanation of the grading or marking system, which is consistent with that appearing on the transcript;

r. A definition of the unit of credit. If credit hours, the institution shall clearly specify whether quarter or semester credit hours, as defined in Rule 6E-1.003, F.A.C.;

s. A complete explanation of the standards of satisfactory academic progress. This policy shall include, at a minimum: Minimum grades and standards considered satisfactory; conditions for interruption due to unsatisfactory grades or progress; a description of the probationary period, if applicable; and conditions of re-entrance for those students suspended for unsatisfactory progress;

t. A description of all diplomas or degrees awarded, together with a statement of the requirements to be met for satisfactory completion of each;

u. A detailed description of the charges for tuition, fees, books, supplies, tools, equipment, student activities, service charges, rentals, deposits and any other applicable charges. All nonrefundable charges shall be clearly indicated as such;

v. A detailed description of all financial aid offered by the institution. This shall include, but is not limited to, scholarships, in-house loan and grant programs, third-party loan and grant programs, and federal or state financial aid. Any student eligibility standards and conditions shall be stated for each type of financial aid offered. Tuition or fee discounts are not permissible; any reductions of tuition or fees must comply with subsection 6E-1.0032(7), F.A.C. Obligations to repay loans shall be clearly disclosed and explained to students, along with anticipated repayment terms, dates and amounts;

w. A statement of the refund policy and procedures for the refund of the unused portion of tuition, fees and other charges in the event the student does not enter the program, withdraws from the program, or is discharged from the program. The refund policy shall comply with the provisions of paragraph 6E-1.0032(6)(i), F.A.C., and other applicable federal and state requirements;

x. A complete description of the institution’s physical facilities and equipment;

y. A description of the nature and extent of student services offered;

z. The institution’s policy on student conduct and conditions of dismissal for unsatisfactory conduct;

aa. The institution’s procedures for students to appeal academic or disciplinary actions;

bb. If required by law, the institution’s anti-hazing policy;

cc. The procedures by which complaints will be considered and addressed by the institution;

dd. If the institution offers courses through distance education or other alternative means, the catalog shall include the information specified in subsection 6E-2.0041(10), F.A.C.;

ee. If the institution offers courses taught in any language other than English, then the catalog must contain the following disclosure:

Completing a Course or Program in a Language Other Than English May Reduce Employability Where English is Required.

3. Catalogs for Multiple Institutions. All institutions utilizing a common catalog must be of common ownership. Photographs of the physical facilities of any of the institutions must be captioned to identify the particular institution or campus depicted. The faculty and staff of each institution and the members of the administration for the group of institutions shall be clearly identified with respect to each institution and to the overall administration. Any information contained in the catalog that is not common to all institutions in the group shall be clearly disclosed.

(c) Advertising.

1. An institution shall not advertise until a license has been issued.

2. For initial applicants and renewal of licensure, the institution shall submit a copy of all proposed or actual advertising publications.

3. All advertising by an institution shall be factual and not misleading to the public. All illustrations in published materials must specifically and accurately represent the institution. If any other illustrations are used, they must be clearly and accurately captioned.

4. An institution shall use its correct name as approved by the Commission in all advertising; no blind advertisements are permitted.

5. An institution shall not offer the payment of cash or other nonmonetary incentives, such as but not limited to travel or gift certificates, as an inducement to visit the campus or to enroll in a course or program.

6. All advertising shall clearly state that training and education, not employment, are being offered. All print advertising in classified sections, such as newspapers, telephone directories, periodicals, etc. must appear under a heading that identifies its category as education and training, not employment opportunities.

7. No institution, in its advertising or through activities of its owners, officers, or representatives shall guarantee or imply the guarantee of employment or of any certain wage or salary either before enrollment, during the program(s), or after the completion thereof. Guarantee of acceptance into any union, organization, or achievement of a recognition, certification, or qualification for licensure examination is not permitted. The term “lifetime placement” shall not be used.

8. Any placement claims, employment predictions, or salary projections used by the institution in its recruiting efforts shall be accurate, and based upon reliable statistical data which shall be provided to all prospective students and to the Commission upon request. It is the responsibility of the institution to ensure that all such claims are kept up to date and reflect actual current conditions and job market projections, taking into account the anticipated needs in the local community. Advertisements shall contain citations of the source of such claims. The institution shall maintain backup documentation to support the citations.

9. The level of educational programs provided shall be clearly defined if used for advertising. No institution shall refer to itself as a “college” or “university” unless authorized to do so by the Commission.

10. No institution shall use the term “accredited” unless fully authorized to do so by an accrediting agency recognized by the United States Department of Education.

11. References to financial assistance availability shall include the phrase, “for those who qualify,” or similar disclaimer. Scholarships, if offered, must be fully disclosed and clearly explained if used in advertising.

12. Overstatements and exclusives shall not be used in any advertising. The word “free” shall only be used when there is unconditional access to the item or service for all students, without cost or obligation of any type, and if refunds or loan repayments do not include consideration of the item or service.

13. A new or modified program shall not be advertised until the Commission approves the program.

14. If endorsements are used, they must be factual and reflect present conditions, and must be uncompensated; and the institution must maintain documentation of prior consent by the participant. If an employee of the institution or a person otherwise affiliated with the institution, other than a student or graduate, makes an endorsement, the relationship or affiliation shall be fully disclosed in the advertising.

15. Institutions shall comply with advertising regulations pertaining to the training of individuals who are sponsored by a state or federal agency.

16. A licensed institution shall use only the following phrase to identify its licensure status in any advertising: “Licensed by the Florida Commission for Independent Education, License No. _____.” The use of any other phrase or form shall be considered a violation of this rule.

(12) Standard 12: Disclosures. Each institution, regardless of the level of credentials offered, shall comply with the applicable provisions of Rule 6E-1.0032, F.A.C. Any additional disclosures required by the Commission or by other governmental agencies or accrediting agencies shall be made using the form and text required by the agency.

History

• Rulemaking Authority 1005.22(1)(e), 1005.31(2), (3), 1005.34, 1005.39 FS. Law Implemented 1005.04, 1005.31, 1005.33(1), 1005.34, 1005.39 FS. History–New 12-5-74, Formerly 6E-3.01(1), Amended 11-11-75, 3-7-77, 5-7-79, 10-13-83, Formerly 6E-2.04, Amended 11-27-88, 11-29-89, 12-10-90, 10-19-93, 4-2-96, 4-11-00, 1-7-03, 4-5-04, 5-24-04, 7-20-04, 5-18-05, 7-10-06, 7-23-07, 1-11-12, 7-11-13, 10-22-13, 2-20-24, 8-27-24.

Fla. Admin. Code R. 6E-2.0041 Delivery of Programs Through Nontraditional Assessments, Modes and Methods

(1) Introduction. In addition to its responsibility for the maintenance of high standards of quality, the Commission also serves to encourage responsible innovation in postsecondary education to meet societal needs for creatively designed programs delivered in nontraditional ways. It is the intention of the Commission that its standards and procedures shall foster the development of quality innovative programs and emerging new fields of study, and shall not unreasonably hinder educational innovation and competition.

(a) Institutions offering nontraditional programs of study shall document that the instructional methods used will lead to the achievement of stated learning objectives, and that all nontraditional instruction shall be consistent with the abilities, educational skills, experience, and needs of the students enrolled in the programs.

(b) Institutions offering nontraditional programs of study that employ innovative delivery systems or innovative methods, or that carry on research and teaching in emerging fields of study, shall demonstrate that they will achieve the intent of each of the standards contained in Rule 6E-2.004, F.A.C., for the appropriate level of licensure and for annual reviews.

(c) In addition to providing to the Commission the documentation required for each standard contained in Rule 6E-2.004, F.A.C., showing how the intent of each standard will be met in the nontraditional program or delivery system, the institution shall also furnish for each course to be offered:

1. A detailed inventory of equipment and supplies to be provided to each student;

2. A detailed description of how each program will be conducted, including submission of detailed course outlines, procedures for distribution of materials, examination and evaluation of student work, timely response to students’ questions and comments, record keeping, appropriate student services, and technical support.

(d) Institutions holding license by means of accreditation as defined in subsection 6E-2.002(3), F.A.C., may substitute proof of such accreditation, in good standing, for the requirements of Rule 6E-2.0041, F.A.C.

(2) Awarding of credit.

(a) Units or credits applied toward the award of a credential in nontraditional programs may be derived from a combination of any or all of the following:

1. Units or credits earned at and transferred from other postsecondary institutions, when congruent and applicable to the receiving institution’s program and when validated and confirmed by the receiving institution.

2. Successful completion of challenge examinations or standardized tests demonstrating learning at the credential level in specific subject matter areas.

3. Prior learning, as validated, evaluated, and confirmed by qualified instructors at the receiving institution.

(b) Graduation requirements for nontraditional degree programs shall include provisions for general education appropriate to the type of degree, as specified in Rule 6E-2.004, F.A.C. The Doctor of Philosophy degree, commonly abbreviated Ph.D., shall not be offered or awarded through distance or nontraditional learning without appropriate accreditation by an accrediting agency recognized by the U.S. Department of Education.

(c) At least 25 percent of the units required in a nontraditional degree program shall be given by the institution awarding the degree, and shall not be derived from any combination of transfer, examination, or experiential learning; however, credits earned by active U.S. military members are excluded from this requirement due to the transient nature of the service. Credit awarded for prior experiential learning shall follow the requirements of subsection (5) of this rule, and shall not exceed 25 percent of the units required for completion of the program.

(3) Direct contact instruction. Institutions licensed to operate in Florida and wishing to offer programs or courses through directed individual and group study using direct contact instruction shall describe the teaching-learning methodology to be used, and shall submit illustrative course outlines and competencies and all other documentation as required in Rule 6E-2.004, F.A.C., for the appropriate level of licensure or for subsequent annual reviews.

(4) Indirect contact instruction.

(a) Institutions licensed to operate in Florida and wishing to offer programs or courses through individual and group study mediated and assisted by telecommunications, computer augmented educational services, facsimile transmission, the postal service, or another technological method, shall describe the teaching-learning methodology to be used, and shall submit illustrative course outlines, competencies and all other documentation as required in Rule 6E-2.004, F.A.C., for the appropriate level of licensure or for subsequent annual reviews.

(b) In addition to the other requirements of Rule 6E-2.004, F.A.C., an institution offering instruction by correspondence shall employ a sufficient number of qualified instructors to assure that:

1. The academic content is designed by qualified faculty; and,

2. Each student lesson, project, examination, or paper is evaluated by qualified instructors, and the instructor’s response to or evaluation of each is sent to the student within a reasonable time as disclosed to the student.

(c) For programs that require the development of a manual or technical skill, such as the use of equipment or tools, the institution must ensure that the student has the opportunity to gain practical hands-on experience appropriate to master the skill. This experience, wherever gained, shall be documented in the student’s file and shall be done under proper supervision and with meaningful evaluation of the competency outcomes. The technical aspects must be designed by qualified technicians.

(5) Credit for prior learning. An institution may grant credit to a student for prior experiential learning only if all of the following apply:

(a) The prior learning is equivalent to the level of learning in which the student is enrolling.

(b) The prior learning is demonstrated to provide a balance between theory and practice, for academic programs; or a verifiable mastery of appropriate skills, for vocational courses or programs. For courses or programs requiring a combination of theory and skills, the prior learning is demonstrated to provide the appropriate combination.

(c) The credit awarded for the prior learning directly relates to the student’s course or program and is applied in satisfaction of some of the credential requirements.

(d) College and university level learning for which credit is sought shall be documented by the student in writing, and validated, confirmed, and evaluated by faculty qualified in that specific subject area, who shall ascertain to what college or university level learning the student’s prior learning is equivalent, and how many credits toward a degree may be granted for that prior learning. The faculty evaluating the prior learning shall prepare a written report indicating all of the following, which report shall be retained by the college or university for review by visiting Commission representatives upon request:

1. The documents in the student’s file on which the faculty relied in determining and confirming the nature of the student’s prior learning;

2. The basis for determining that the prior learning is equivalent to college or university level learning, and demonstrates a balance between theory and practice; and,

3. The basis for determining to what college or university level the prior learning is equivalent, and the proper number of credits to be awarded toward the degree, based upon that prior learning.

(e) No more than 25% percent of the units required and validated through the institution’s internal review process for a degree shall be awarded for prior experiential learning.

(6) Credits earned in a compressed time period. Institutions licensed in Florida and wishing to offer courses or programs in a compressed time period shall show evidence to the Commission that the intent of all standards for licensure, as set forth in Rule 6E-2.004, F.A.C., shall be met.

(7) Instructors. Institutions licensed to operate in Florida and wishing to offer nontraditional programs or courses shall employ or contract with appropriately qualified instructors sufficient in number to provide the instruction, student interaction, and learning outcomes evaluation necessary for the institution to document achievement of its stated purpose, and for students to achieve the specific learning objectives and competencies required for each program so offered. It shall be the responsibility of the licensed institution to validate each instructor’s competence to use the interactive electronic media program or distance learning program effectively, and to provide training in the use of the delivery system if needed.

(8) Library and other learning resources.

(a) Institutions licensed to operate in Florida and wishing to offer nontraditional programs or courses shall document to the Commission how they provide, ensure, and maintain access for all students to the information resources and services appropriate to support each program or course.

(b) Institutions shall document how they provide, ensure, and maintain security of examinations and papers.

(c) Institutions shall collect and use student evaluations of content, delivery, and services.

(9) Laboratory experiences. In the case of courses in the experimental or clinical sciences, or other courses requiring hands-on experience, each licensed institution wishing to offer nontraditional programs shall document to the Commission prior to program approval; that arrangements have been made to ensure that the requisite laboratory, field, or equivalent experience is available to and used consistently by every enrolled student. Such experience shall be documented in the student’s file, and shall occur under appropriate supervision and meaningful evaluation of the competency outcomes.

(10) Catalog. Each institution licensed in Florida and wishing to offer nontraditional programs or courses shall comply with all requirements of Rules 6E-1.0032 and 6E-2.004, F.A.C., and in addition shall publish information in the catalog, whether printed or electronic, pertaining to each of the following:

(a) The institution’s policies and procedures for the award of credit for prior learning, including confirmation and validation, assessment policies and procedures, provisions for appeal of decisions, limitations on the number of credits that may be awarded in this manner, and all fees that a student may be required to pay.

(b) The institution’s policies regarding the acceptance of credits earned by the student through successful completion of challenge examinations or standardized tests, acceptable scores for each, whether and how many times examinations may be repeated to achieve an acceptable score, limitations on the number of credits that may be awarded in this manner, and all fees that a student may be required to pay.

(c) If the institution offers instruction by correspondence, schedules for normal progress or completion of the course or program, and all fees that a student may be required to pay.

(11) Student records.

(a) Institutions wishing to offer nontraditional programs or courses shall maintain a file for each student and shall be available to the Commission upon request at each location and translated into English and; conforming to the general requirements of Rule 6E-2.004, F.A.C., and contain the following:

1. All documents evidencing a student’s prior learning upon which the instructors and the institution base the award of any credit or credential.

2. For directed individual or group contact instruction, copies of the learning agreements or learning contracts signed by the instructors and administrators who evaluated the agreements and contracts.

(b) An academic transcript shall be maintained, kept current, and retained permanently for each student. Institutions offering nontraditional courses and programs shall adopt a policy requiring that credits awarded for prior learning, including internal credit by challenging examination, shall be so identified on the student’s academic transcript. Institutions shall adopt a policy regarding the length of time for retention of records documenting evaluation, assessment and awarding of nontraditional credit. Retention time shall be sufficient for reasonable future review and confirmation of student work.

(12) Fair consumer practices, as described by Sections 1005.04 and 1005.34, F.S., and Rule 6E-1.0032, F.A.C., shall be followed by the institution in all aspects of its operation.

History

• Rulemaking Authority 1005.22(1)(e)1., 1005.31(2), (3) FS. Law Implemented 1005.31 FS. History–New 10-13-83, Formerly 6E-2.041, Amended 11-27-88, 6-20-95, 5-25-03, 7-23-07.

Fla. Admin. Code R. 6E-2.0042 Medical Clinical Clerkship Programs

(1) Purpose. The purpose of this rule is to establish criteria for licensure by the Commission of qualified, accredited foreign medical schools to provide clinical clerkship training in Florida teaching hospitals. Clinical clerkships are a required part of the foreign medical school’s education programs, which are not wholly located in Florida. This rule also establishes criteria for students of foreign medical schools who apply for individual approval for an occasional elective clerkship in Florida. This rule is intended to protect the health and welfare of citizens of Florida by limiting participation in such clinical clerkships to students of qualified, accredited foreign medical institutions who demonstrate the capacity to profit from such clinical instruction; to benefit the medical students by establishing standards which will promote the acquisition of a medical education equivalent to a U.S. medical school education; to protect the students from deceptive, fraudulent or substandard education; and to protect the integrity of medical degrees held by Florida citizens. Terms used in this rule are defined in Rule 6E-1.003, F.A.C.

(2) An applicant for initial licensure of a foreign medical school including its clinical clerkship programs shall submit all the forms and documents, accurately, fully and satisfactorily completed as required for each step of licensure in accordance with Rule 6E-2.004, F.A.C. Additionally, for the applicant foreign medical school to be found qualified for licensure it must comply with the following:

(a) Document to the Commission that it has been determined by the United States Department of Education that the medical accreditation standards used by its chartering nation to evaluate and approve the applicant school were comparable to the standards used to evaluate programs leading to the Doctor of Medicine (M.D.) or Doctor of Osteopathy (D.O.) degree in the United States.

(b) Document that the applicant medical school has on staff a board-certified clinical chairperson for each core clerkship subject area.

(c) Document that the principal academic officer of the clinical clerkship program has been designated by the chief academic officer of the parent medical school and possesses academic and experiential qualifications appropriate to the assignment.

(d) Ensure that the application contains sufficiently detailed information showing that the educational clinical clerkship program contains faculty planning, teaching, budgeting and allocation of other educational resources, faculty appointments and student assignments are coordinated and integrated with the overall program of the parent medical school.

(e) Document that the faculty of the clinical clerkship program and of the parent medical school have joint responsibility for developing the curriculum for each clerkship. Copies shall be filed with the Commission of officially adopted policies of the parent medical school, outlining procedures for such faculty involvement and the means of ensuring that such procedures are implemented. The parent medical school shall also describe how it will ensure that the curriculum developed for each clerkship will actually be adhered to at each teaching hospital.

(f) Provide the Foreign Medical School parent hospital affiliation agreement that includes the following elements:

1. A statement of the purposes and objectives of the clerkship program;

2. A statement on the desired outcomes or what the foreign medical school expects its students to learn in each clerkship. This may be specified in the foreign medical school's manual or clerkship course syllabi;

3. The clerkships that will be conducted at the teaching hospital and the length of each clerkship;

4. The maximum number of students who will be engaged in clerkship training per year;

5. The titles and academic rank of the individuals appointed by the foreign medical school who will be responsible for supervising and monitoring the educational program;

6. A statement describing the administration and supervision of the clerkship program by the foreign medical school;

7. The responsibility of the teaching hospital in the administration of the clerkship program;

8. The process by which the students will be selected to perform clerkships at the teaching hospital;

9. The support services that will be available for students, including housing, health care, guidance, insurance, and adequate clinical clerkship library facilities;

10. A statement specifying the responsibility for health care, medical insurance and the treatment and follow-up when students are exposed to infectious or environmental hazards or other occupational injuries;

11. The financial arrangement between the foreign medical school and the teaching hospital.

(g) The application for licensure shall document that all students participating in core clerkship programs meet the following standards:

1. Completed at least three (3) years of undergraduate education at a college or university.

2. Completed a basic science program totaling at least four (4) semesters in length. This program shall include, but is not necessarily limited to, rigorous instruction in the major disciplines of the biological sciences (i.e., anatomy, biochemistry, pharmacology, physiology, pathology, and microbiology), the behavioral sciences, and an introduction to clinical diagnosis. Adequate laboratory facilities for this instruction must be provided.

3. Obtained a passing score on Step 1 of the United States Medical Licensing Examination within 12 weeks of commencing their third year of medical education.

(h) Demonstrate that the hospital provides access to adequate clinical clerkship library facilities and resources available to the students to support the medical clerkship.

(i) Affirm that the medical school will conduct clinical clerkships only in a teaching hospital as defined in this rule.

(j) Institutions shall document policies addressing student exposure to infectious and environmental hazards including: education of the students about methods of prevention; the procedures for care and treatment after exposure, including definition of financial responsibility; and the effects of infectious and environmental disease or disability on student learning activities.

(3) An application for initial licensure of a foreign medical school shall be reviewed by an expert medical school review committee appointed by the chair of the Commission. The committee members shall include individuals who have expertise and degrees in medical education, institutional governance and evaluation experience in clinical clerkships for medical students. The review committee shall prepare a report that addresses whether or not the applicant for licensure of the foreign medical school has met the standards contained in these rules. The committee report shall be advisory to the Commission, and shall supplement the regular staff review.

(4) The Commission shall require an independent review or audit or any applicant medical school’s submission from the school’s original records when necessary to verify any or all information provided. Such review or audit shall be at the expense of the applicant school.

(5) Each licensed foreign medical school shall submit an annual report to the Commission, updating any information provided in its last submission. This report shall include a list of the names of students who have studied in Florida, the Florida clinical programs in which they studied, the dates of attendance, and the subject or subjects studied. Any substantive change, as defined in subsection 6E-1.003(57), F.A.C., shall result in the medical school receiving a Provisional License pursuant to the provisions of Section 1005.31(5), F.S., and subsection 6E-2.002(1), F.A.C.

(6) Licensed foreign medical schools may provide additional clinical clerkships other than the approved programs for their students at Florida teaching hospitals if the school documents the following conditions to the Commission:

(a) The teaching hospital provides residency programs approved by the Accreditation Council for Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA).

(b) The licensed foreign medical school submits to the Commission a written affiliation agreement between the foreign medical school and the teaching hospital that meets the criteria or paragraph 6E-2.0042(2)(f), F.A.C.

(c) The teaching hospital will provide the same facilities, learning opportunities, and supervision as would be provided to U.S. medical schools’ students taking clinical training programs in the hospital.

(d) The licensed foreign medical school’s appointed faculty will be responsible for providing the same quality in the educational program to the licensed foreign medical school’s students as is provided to the students of a United States medical school.

(7) Application for individual approval of an occasional clerkship elective for a student of an unlicensed foreign medical school can obtain approval for an occasional elective clerkship as defined in subsection 6E-1.003(48), F.A.C., provided the student demonstrates compliance with paragraphs (2)(c), (f), (g) and (h) of this rule. In addition to the requirements set forth in paragraph (2)(g), the student shall submit a transcript directly from his or her medical school indicating completion of all core rotations, and documentation that the student has obtained a passing score on Step 2 of the United States Medical Licensing Examination. The teaching hospital and the medical school shall sign a written affiliation agreement that meets the criteria of paragraph 6E-2.0042(2)(f), F.A.C.

(8) If an application for an individual occasional clerkship occurs in between regularly scheduled Commission meetings, the materials submitted are complete and in compliance with Commission standards, interim executive approval shall be granted by the Executive Director and reported to the Commission at its next meeting for further action.

(9) Denial, probation, or revocation of licensure of a medical clinical clerkship program or individual approval of an occasional clerkship elective shall follow the procedure provisions of Rule 6E-2.0061, F.A.C.

(10) Penalties. See Section 1005.38, F.S., and Rule 6E-2.0061, F.A.C., for penalties and due process procedures. In the event any violation of this rule poses an immediate threat to the health or safety of Florida patients, emergency action shall be taken by the Commission to suspend the privileges permitted under the medical school’s license until due process has been followed.

History

• Rulemaking Authority 1005.22(1)(e)1., 1005.31(2), (3), (12) FS. Law Implemented 1005.31(12) FS. History–New 12-6-84, Formerly 6E-2.042, Amended 11-27-88, 11-29-89, 10-19-93, 12-11-96, 1-7-03, 10-20-03, 5-18-05.

Fla. Admin. Code R. 6E-2.0043 Nonacademic Programs

History

• Rulemaking Authority 246.041(1)(e), 246.051(1), 246.071 FS. Law Implemented 246.041(1)(i), 246.081(1), 246.087(1), 246.091(2) FS. History–New 11-27-88, Amended 5-4-89, Repealed 11-29-89.

Fla. Admin. Code R. 6E-2.005 Extension, Renewal, or Continuation of Licensure

History

• Rulemaking Authority 246.041(1)(e), 246.051(1), 246.071 FS. Law Implemented 246.041(2)(d), 246.051(2), 246.091(1), (2) FS. History–New 12-5-74, Formerly 6E-4.01(2)(a), (b), Amended 11-11-75, 3-7-77, 2-6-78, 5-7-79, 10-13-83, Formerly 6E-2.05, Amended 11-27-88, 11-29-89, Repealed 10-19-93.

Fla. Admin. Code R. 6E-2.006 Refusal of Institutional License

History

• Rulemaking Authority 246.041(1)(e), 246.071 FS. Law Implemented 246.051, 246.111 FS. History–New 12-5-74, Amended 7-28-75, Formerly 6E-4.01(1)(j), Amended 11-11-75, Formerly 6E-2.06, Repealed 10-19-93.

Fla. Admin. Code R. 6E-2.0061 Actions Against a Licensee; Penalties

(1) Denial. Any Provisional License, Annual License, License by Means of Accreditation, agent’s license, approval to use the terms “college” or “university,” approval of modifications, approval of occasional elective clinical clerkships, or other authorization under the Commission’s jurisdiction shall be denied upon a determination by the Commission that the applicant does not meet the requirements of Chapter 1005, F.S., or the applicable standards in Chapters 6E-1 and 6E-2, F.A.C., or for specific grounds as stated in Sections 1005.32(7), 1005.34(3) and 1005.38, F.S.

(2) Probation.

(a) A Provisional License, Annual License, or License by Means of Accreditation, agent’s license, or other authorization under the Commission’s jurisdiction shall be placed on probation when the Commission finds an infraction of any of the grounds enumerated in subsection (4) of this rule, which in the Commission’s judgment threatens the efficient operation of the institution or the quality of the educational programs or services offered, damages the reputation of another institution, or deceives the public.

(b) The Commission shall impose conditions designed to correct the infractions identified or to overcome the effects of such infractions, and shall require submission of periodic progress reports on the steps being taken to comply with the conditions and to correct the situation. Unannounced staff visits shall be made to the institution as necessary to monitor its activities. An institution or agent placed on probation shall provide satisfactory documentation to the Commission that remedial action has been taken to correct the situation or activities leading to probation. When it is documented to the Commission that the situation or activities have been corrected, and policies have been adopted by the institution to prevent the recurrence of the infractions, the Commission shall remove the probation. If competent evidence is not presented showing that the situation or activities leading to probation have been corrected within the period of time specified by the Commission, or if similar infractions recur, procedures shall be initiated to revoke the license or other authorization.

(c) If the conditions set by the Commission in conjunction with the probation require oversight and monitoring by the Commission or its staff, the Commission shall impose an administrative fine in an amount reflective of the administrative time required for the specific case, up to $5,000, as provided in Section 1005.38(1), F.S.

(3) Revocation. Any Provisional License, Annual License, or License by Means of Accreditation, agent’s license, or other authorization under the Commission's jurisdiction shall be revoked when the Commission finds:

(a) An infraction of any of the grounds enumerated in subsection (4) of this rule, which in the Commission’s judgment is so serious as to threaten the continued operation of the institution, or the health, safety and welfare of its students or staff or of the general public; or

(b) That the institution or agent continues to engage in activities in noncompliance with applicable laws after directed by the Commission to cease and desist; or

(c) That the institution or agent has failed to correct, within the allotted period, the situation or activities for which probation has been imposed.

If a license is revoked, the college or agent affected shall cease operations in Florida. Any new application for licensure shall follow the procedures and requirements of the applicable statute and rules.

(4) Grounds for Imposing Disciplinary Actions.

(a) Attempting to obtain action from the Commission by fraudulent misrepresentation, bribery, or through an error of the Commission.

(b) Action against a license or operation imposed under the authority of another state, territory, or country.

(c) Delegating professional responsibilities to a person who is not qualified by training, experience, or licensure to perform the responsibilities.

(d) False, deceptive, or misleading advertising.

(e) Conspiring to coerce, intimidate, or preclude another licensee from lawfully advertising his or her services.

(f) Failure to maintain the licensure standards as set forth in Sections 1005.31 and 1005.32, F.S., and applicable rules.

(g) Failure to comply with fair consumer practices as set forth in Sections 1005.04 and 1005.34, F.S., and applicable rules.

(h) Previously operating an institution in a manner contrary to the health, education, or welfare of the public, as described in Section 1005.38(4), F.S.

(i) Failure of the licensee to comply with any conditions or limitations placed by the Commission upon its licensure or operation.

(j) Failure to notify the Commission of a change of address.

(k) Violating or repeatedly violating any provision of Chapter 1005, F.S., or any rule adopted pursuant thereto.

(l) Operating with a revoked, suspended, or inactive license.

(m) Violating any lawful order of the Commission previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena.

(n) Failure of licensee to notify the Commission of closing of an institution or campus.

(5) Based upon consideration of aggravating or mitigating factors, present in an individual case, the Commission may deviate from the recommended penalties. The Commission shall consider as aggravating or mitigating factors the following:

(a) The danger to the public;

(b) The length of time since the violation;

(c) The number of times the licensee has been previously disciplined by the Commission;

(d) The length of time institution has been a licensed school;

(e) The actual damage, monetary or otherwise, caused by the violation;

(f) The deterrent effect of the penalty imposed;

(g) The effect of the penalty upon the institutions’ ability to stay open;

(h) Any effort of rehabilitation by the institution;

(i) The actual knowledge of the licensee pertaining to the violation;

(j) Attempts by institution to correct or stop violation or refusal by institution to correct or stop violation;

(k) Related violations against the licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;

(l) Actual negligence of the licensee pertaining to any violation;

(m) Penalties imposed for related offenses;

(n) Pecuniary gain to the institution;

(o) The number of complaints filed against the institution; and,

(p) Any other relevant mitigating or aggravating factors under the circumstances.

(6) Investigations. Investigations on behalf of the Commission shall be carried out as provided in Section 1005.38, F.S.

(7) Probable cause. Determinations of probable cause shall be made as provided in Section 1005.38, F.S. Probable cause panels shall be appointed to consider suspected violations of law and to make findings, which shall be reported to the full Commission. If the probable cause panel makes a determination of probable cause, the Commission shall issue an administrative complaint and shall issue a cease and desist order as provided in Section 1005.38, F.S., if necessary to stop the violations. Probable cause panels shall be appointed and shall serve as follows:

(a) The chair of the Commission shall appoint three people to a probable cause panel, and shall designate its chair. At least one panel member shall be a current member of the Commission. Other members may be current Commission members or previous members of the Commission for Independent Education, State Board of Independent Colleges and Universities, or State Board of Nonpublic Career Education. Each probable cause panel shall serve on an ad hoc basis to review specific cases referred to it by the Commission.

(b) Current commission members who serve on a probable cause panel cannot vote for final agency action on institutions whose current cases they have reviewed while serving on the panel.

(c) Reconsideration of probable cause in any given case shall be performed by the members of the panel who initially found probable cause in that case. Whenever an original panel member is not available, current member(s) shall hear the reconsideration.

(d) All investigatory records including the findings of an exempt probable cause panel meeting are exempt from Section 119.07(1), F.S., and Section 24(a), Art. 1 of the State Constitution for a period not to exceed 10 days after the panel makes a determination regarding probable cause.

(e) The Commission will review the recommendation of the Probable Cause Panel. If probable cause is found, the Commission will issue an Administrative Complaint. The Commission also has the authority to issue an administrative fine from $100 ‒ $5,000 per count. The Commission also has the authority to issue Cease and Desist orders as provided in Section 1005.38, F.S., if necessary to stop a violation.

(f) The Commission shall determine the amount of costs to be assessed after its consideration of an affidavit of itemized costs and any written objections thereto submitted to the Commission for Independent Education.

(g) In cases where the Commission imposes an administrative fine and an assessment of costs, each shall be paid within thirty (30) days from the date the final order of the Commission is filed with the Clerk of the Commission unless a different time frame is set forth in the final order.

(8) Issuance of Citations.

(a) All citations will include a requirement that the subject correct the violation, if remediable, within a specified period of time not to exceed 60 days, and impose whatever obligations will remedy the offense.

(b) The Commission shall be entitled to recover the cost of investigation and prosecution in addition to the fine levied pursuant to the citation.

(c) The citation becomes a final order of the Commission if the subject fails to dispute the issuance of the citation within 30 days of service. The subject has 30 days from the date the citation becomes a final order to pay the fine and costs. Failure to pay the fine and costs within the prescribed time period constitutes a violation of Section 1005.385, F.S., which will result in further disciplinary action. All fines and costs are to be made payable to “Office of the Comptroller, Department of Education.”

(d) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provision of Chapter 119, F.S.

(e) The Executive Director will report to the Commission the number of citations issued and the nature of the offenses for which they were issued.

(f) Violations and Penalties for Citations. Citations shall be issued by the Executive Director for failure to meet procedural requirements of the Commission. For the purposes of this rule, the Commission designates as offenses for citations only the following violations with accompanying penalty:

1. Issuance of a worthless bank check to the Commission.

$100.00

2. Failure to notify the Commission of a change of address within time in violation of paragraph 6E-2.0061(4)(j), F.A.C.

$500.00

3. Failure to notify the Commission of a minor modification of a program pursuant to Rule 6E-2.008, F.A.C.

$250.00

4. Failure to meet the Commission deadlines within 30 days of the second request.

$100.00

5. Failure to report data to the Commission on a second request within 30 days of the second request.

$100.00

6. Failure to submit the substantive change notification to the Commission as required by subsection 6E-1.003(57), F.A.C.

$500.00

7. Failure to provide access to employees of the Commission or a designee to inspect the institution for an onsite visit.

$500.00

(9) Cease and desist orders. Cease and desist orders shall be issued by the Commission upon finding probable cause or in conjunction with a notice of denial of licensure, and shall comply with Section 1005.38, F.S., and other applicable laws.

(10) Injunctions. The Commission shall seek injunctive relief and other applicable civil penalties as provided by Section 1005.38, F.S., and other applicable laws, after conducting an investigation and confirming that a violation of Chapter 1005, F.S., has occurred which the Commission deems is serious enough that other available remedies are not sufficient to stop the potential damage to the public.

(11) Due process procedures. The Commission shall notify the institution or agent by certified mail of any disciplinary action, giving the grounds for the action and an explanation of the institution’s or agent’s right to a hearing. The institution or agent shall have twenty (20) days to respond, by certified mail, indicating any request for a formal or informal hearing or concurring with the Commission’s action.

(a) Failure on the part of the institution or agent to respond by certified mail within twenty (20) days shall constitute default. At its next regular or special meeting, the Commission shall then receive evidence in the case and enter its Final Order.

(b) The institution or agent may request an informal hearing by the Commission if no material facts are disputed, or if the institution or agent and the Commission agree to hold an informal hearing in lieu of a formal hearing. Procedures for informal hearings shall be in accordance with Section 120.57(2), F.S. After hearing the presentations of the representatives of the Commission and of the institution or agent, the Commission shall enter its Final Order.

(c) The institution or agent may request a formal hearing by an administrative judge of the Division of Administrative Hearings if material facts are in dispute. Procedures for formal hearings shall be in accordance with Section 120.57(1), F.S. After receiving a Recommended Order from the hearing officer, the Commission shall enter its Final Order.

(d) An affected party who has been served with a cease and desist order by the Commission may request a formal or informal review of the order as set forth in this subsection above, and may request the Commission or the Division of Administrative Hearings to modify or abate the cease and desist order. If the affected party is aggrieved by the decision produced by this review, the party may seek interlocutory judicial review by the appropriate district court of appeal, as provided in Section 1005.38(7), F.S.

History

• Rulemaking Authority 1005.22(1)(e)1., 1005.32(7), 1005.38, 1005.385(1) FS. Law Implemented 1005.32(7), 1005.34(3), 1005.38, 1005.385 FS. History–New 10-13-83, Formerly 6E-2.061, Amended 5-20-87, 11-27-88, 11-29-89, 12-10-90, 10-19-93, 1-7-03, 7-20-04, 5-18-05, 6-13-05, 2-20-06, 7-10-06.

Fla. Admin. Code R. 6E-2.007 Revocation of Institutional License

History

• Rulemaking Authority 246.041(1)(e), 246.071 FS. Law Implemented 246.051, 246.111 FS. History–New 12-5-74, Amended 7-28-75, Formerly 6E-4.01(2)(d), Amended 11-11-75, Formerly 6E-2.07, Repealed 10-13-83.

Fla. Admin. Code R. 6E-2.008 Approval of Modifications

(1) No licensed institution shall add new degrees, programs or majors to its offerings or alter any licensed program by more than 20 percent since its last review, change the title of a program or the credential awarded, or discontinue a program, while under a Provisional License. Modifications contemplated by institutions holding an Annual License shall receive approval from the Commission before implementation. Such approval is contingent upon:

(a) A finding by the Commission that the licensee meets the standards contained in Rule 6E-2.004, F.A.C., and if applicable, Rule 6E-2.0041 or 6E-2.0042, F.A.C., for each proposed new degree, program, or major;

(b) Documentation that the modifications are congruent with the guidelines of state or national professional licensing boards;

(c) The licensee’s filing the required documentation; and,

(d) The licensee’s paying the fee required by rule.

(e) Submission of proposed catalog revisions.

(2) In the event that it is deemed necessary by the Commission, a representative of the Commission or a visiting committee shall visit the institution prior to consideration of the modification and shall provide a written report to the Commission of its findings, to be used as one of the bases upon which the Commission will make a determination regarding modification.

(3) Any other significant change in the information provided in the initial application for, or last review of, licensure, or in subsequent modifications approved by the Commission, including but not limited to change in corporate charter, purpose, administrative structure, finance, or physical facilities, shall be filed with the Commission at least 30 days prior to implementation.

(4) Additional locations, including auxiliary classroom space, shall not be added while under a Provisional License. Institutions holding an Annual License shall receive prior approval of additional locations by the Commission before implementation. For colleges and universities, if the new additional location is more than 10 miles distant from the main Florida headquarters, the college or university shall submit information to the Commission showing that the requirements of Rule 6E-2.004, F.A.C., are met for the additional location. For nondegree schools, each location except an auxiliary classroom space shall be licensed separately. Licensed institutions shall provide to the Commission prior notification of auxiliary classroom space, as defined in subsection 6E-1.003(9), F.A.C. Such notification shall include the address and description of the facilities. The description shall include information regarding student capacity, the purpose of the facility, the impact on existing students, and the scope of the operation.

(5) The Commission shall be notified in writing of minor modifications of programs, fees, or tuition. The Commission shall not be required to review or approve such modifications.

(6) Institutions Licensed by Means of Accreditation shall file a copy of all correspondence with accrediting agencies regarding modifications.

History

• Rulemaking Authority 1005.33(2) FS. Law Implemented 1005.33(2) FS. History–New 12-5-74, Formerly 6E-4.01(2)(c), Amended 11-11-75, 5-7-79, 10-13-83, Formerly 6E-2.08, Amended 5-13-87, 11-29-89, 10-19-93, 4-2-96, 4-11-00, 4-2-03, 5-24-04.

Fla. Admin. Code R. 6E-2.0081 Change of Ownership or Control

(1) Pursuant to Section 1005.31(9), F.S., a licensed institution shall notify the Commission prior to a change of ownership or control. The notification shall be made in writing no less than 30 days prior to the change. The Commission shall review each case and, if the standards for licensure are met, take affirmative action to issue a new license after receipt and evaluation of the appropriate documentation and payment of the required fee. The Commission shall make the final determination as to whether a change of ownership or control has occurred.

(2) Change of ownership means a transfer, assignment, or conveyance of issued or outstanding stock or other instrument of ownership which results in a change in control of the institution.

(a) For a privately held corporation, a change of ownership occurs:

1. When a majority of stock or other instrument of ownership is conveyed; or

2. When an amount of stock or other instrument of ownership sufficient to increase an individual’s holdings to 50 percent or above is conveyed; or

3. When the majority of the institution’s governing board changes within a calendar year.

(b) For a publicly held corporation, a change of ownership occurs:

1. When there is a change of 50 percent or more of the voting members of the board of directors in any 12-month period; or

2. When there is a change in the number of voting members of the board of directors in any 12-month period that will allow a group of directors to exercise control who could not exercise control before the change; or

3. When there is an acquisition of outstanding voting shares by any entity or group whereby that entity or group owns 50 percent or more of the total outstanding voting shares; or

4. When any other transaction occurs that is deemed by an appropriate governmental agency to constitute a change of control, including but not limited to a transaction that requires the corporation to file a notice of change of ownership with the Securities and Exchange Commission of the United States.

(c) For a not-for-profit corporation, a change of ownership occurs:

1. When there is a change of 50% percent or more of the voting members of the controlling board in any 12-month period; or

2. When there is a change in the number of voting members of the controlling board in any 12-month period that will allow a group of members to exercise control who could not exercise control before the change.

(d) For a limited liability company, a change of ownership occurs:

1. When the transfer of 50% percent or more of the direct or beneficial ownership interest is conveyed from one member or members to another member or members; or

2. When there is a transfer of direct or beneficial ownership interest that results in the holding of 50% percent or more of the total direct or beneficial ownership interest by any member other than any previous member who owned 50% percent or more of the total direct or beneficial ownership interest; or

3. When there is a transfer of direct or beneficial ownership interest whereby a member’s direct or beneficial ownership interest decreases from more than 50% percent to less than 50% percent; or

4. When there is any other transaction whereby a member or group of members who previously could not exercise control of the company as described in this rule now can exercise control.

(e) For purposes of determining ownership, married couples shall be considered a single entity, and closely related family groups shall be considered a single entity when all of the present and future relevant stockholders actively participate in the management of the corporation. No change of ownership occurs when stock is transferred to a close family member by operation of law or inheritance upon the death of one of the stockholders.

(3) A change in control means any change in the organization of an institution which affects the authority to establish or modify institutional policies, standards, and procedures. A change in control occurs when a person acquires or loses control of an institution or of the parent corporation that owns the institution, whether by means of the sale of the institution, sale of the assets, transfer of the controlling interest of stock, conversion of the institution from nonprofit to for-profit or vice versa, or similar transaction. A change in control does not occur upon the retirement or death of the owner of an institution, if ownership and control passes to a member of the owner’s family or to a person with a pre-existing ownership interest in the institution.

(4) With the written notification provided to the Commission as required in subsection (1) of this rule, the institution shall provide:

(a) A written statement of the anticipated effects of such change upon the name, purpose, programs, personnel, administrative organization, finances, and other standards for licensure, and upon its accredited status, if accredited.

(b) A copy of the institution’s last application for licensure, or licensure review, annotated to disclose all changes to the materials previously submitted.

(c) The new owners, in the case of a change of ownership, shall provide a written sworn statement attesting to:

1. The accuracy and completeness of the materials presented to the Commission;

2. A guarantee that the new ownership will comply with the requirements of Chapter 1005, F.S., and these rules;

3. Confirmation that the new owner(s), chief administrative officers, directors, or registered agents are not ineligible to hold such positions in a licensed institution, pursuant to Sections 1005.38(2), (3) and (4), F.S.

(d) Information and fee required for the criminal justice information investigation authorized by Section 1005.38(4), F.S.

(5) If a change of ownership or control occurs in the period between regularly scheduled Commission meetings, the materials submitted are complete and in compliance with Commission standards, and if it appears to be in the best interest of the students, interim executive approval of the change and interim Provisional Licensure shall be granted by the Executive Director and reported to the Commission at its next meeting for further action.

(6) The currently licensed institution shall be responsible for arranging and conducting a change in ownership or control in a manner and at a time so that there is no adverse impact on the opportunity of currently enrolled students to complete their training and receive student services. In addition, the institution shall remain responsible for properly completing the training of the enrolled students and for providing the student services, and shall be subject to disciplinary action for any violations of statutes and rules which may occur in that regard during the transition. A change of ownership or control of a institution, or the issuance of a new license, shall not in any manner release the institution from its legal obligations to enrolled students to provide education and services required under the student’s enrollment agreement, Chapter 1005, F.S., or the rules of the Commission. The new licensee shall be under a continuing obligation to fulfill the terms of all contracts with the enrolled students.

History

• Rulemaking Authority 1005.31(9)(b) FS. Law Implemented 1005.31(9)(b) FS. History–New 4-2-03.

Fla. Admin. Code R. 6E-2.009 Closing an Institution

In order to conduct an orderly closing, a licensed institution shall:

(1) Notify the Commission in writing at least thirty (30) days prior to closing the institution, pursuant to Section 1005.36, F.S.

(2) Provide the Commission a report of all currently enrolled students, including the following information for each student: name, current mailing address, personal email address, telephone number, program of study, number of credits/hours completed, number of credits/hours remaining, projected enrollment status on the date report submitted and again at the time of closure and plan for completion of the student’s training and/or refund.

(3) Submit to the Commission a written plan for closure as prescribed by the Commission to include, as applicable:

(a) A plan for the closing institution to complete the training of current students;

(b) A plan for an institution other than the closing institution to complete the training of current students and a copy of a written agreement between that institution and the closing institution;

(c) A plan for providing refunds to current students not completing their training; and,

(d) Sample notices that the institution will provide to each student regarding completion of training and/or refunds.

(e) The anticipated date by which all student records will be transferred to the Commission. Student records must be updated as of the last day of operation and transferred to the Commission within thirty (30) days of ceasing operation. Beginning July 1, 2021, all student records for students enrolled after that date must be transferred in an electronic format prescribed by the Commission. Student records must include, for each student:

1. Enrollment agreements, if applicable;

2. Transcripts containing all information as required by subsection 6E-1.003(60), F.A.C.;

3. Financial records, such as ledgers and financial aid documentation; and,

4. Appellations, such as diplomas, degrees, or certificates of completion.

History

• Rulemaking Authority 1005.22(1)(e)1. FS. Law Implemented 1005.36 FS. History–New 12-5-74, Formerly 6E-4.01(5), Amended 11-11-75, 3-7-77, 5-7-79, 10-13-83, Formerly 6E-2.09, Amended 11-29-89, 12-10-90, 10-19-93, 4-11-00, 1-7-03, 5-5-20.

Fla. Admin. Code R. 6E-2.010 Agents

The following provisions shall apply to persons meeting the statutory definition of “agent” found in Section 1005.02(2), F.S.

(1) No agent shall recruit for an institution required to be licensed under Section 1005.31(1), F.S., unless the institution is so licensed.

(2) It shall be the responsibility of each institution to require a specific training program for its admissions director, who shall supervise and train all agents and admissions staff employed by the institution. The agent training program shall be submitted to the Commission for review, initially and upon changing the program. Institutions that choose to employ a training provider for their training program may, if the program provided by the contractor has been approved by the commission, provide the program without additional approval. Training of agents shall include information to familiarize agents with the Florida Statutes and applicable rules regarding agents, and with the institution’s programs, services, costs, terms of payment, financial aid available for qualified students, refund policy, transferability of credits to other institutions, reasonable employment projections and accurate placement data, status of the institution regarding licensure and accreditation, facts regarding the eligibility of graduates to sit for licensure examinations or fulfill other requirements to practice in Florida the career or profession for which the prospective student wishes to be trained, and other relevant facts. The training program shall reflect the fair consumer practices outlined in Sections 1005.04 and 1005.34, F.S., and Rule 6E-1.0032, F.A.C. The training program shall be updated as necessary to reflect changes in applicable laws, rules, and institutional policies; and all agents and admissions staff shall be provided with updated training as necessary.

(3) Each agent applying for initial licensure with an institution shall file with the Commission the required documentation and the appropriate application fee, as well as a fee for the cost of an investigation of criminal justice information as provided in Section 1005.22(1)(h), F.S., and defined in Section 943.045(5), F.S. Agents applying for renewal of their existing license with an institution shall submit, with the application for renewal, updated information regarding training taken during the preceding year, contact information, required fees, and a certification signed by the director or chief administrative officer of the institution stating that the information provided is true and correct.

(4) Persons seeking licensure as recruiting agents for institutions shall submit the following materials in conjunction with the application fee:

(a) Confirmation by the chief executive officer or president of the institution that the individual has been appointed as a recruiting agent for the institution;

(b) Documentation that the institution is authorized to operate by the appropriate state or other agency of jurisdiction where the main campus, corporate headquarters, and all other operations of the institution are located, if out of state;

(c) A statement of the institution’s status regarding accreditation;

(d) A copy of the institution’s current catalog; and,

(e) An affirmation signed by the chief executive officer or president of the institution, stating that the agent has received all required training and that the institution shall be responsible for the correct and accurate representation of the institution by the agent in Florida; and that all printed materials, advertisements, and verbal information disseminated in Florida by the agent regarding the institution shall conform to the applicable requirements of Florida law and rules, including: Chapters 501 and 1005, F.S., and Chapters 6E-1 through 6E-4, F.A.C.

(5) Upon receipt of the required materials and results of the criminal justice information investigation required for new applicants by Section 1005.22(1)(h), F.S., showing that the applicant has not been found in violation of laws or rules governing recruiting practices or other relevant matters, the staff of the Commission shall review the materials and make a recommendation to the Executive Director regarding licensure of the applicant. The staff shall request additional information regarding the applicant or the institution to be represented, if the materials submitted do not contain the information necessary to determine eligibility. If the Executive Director finds that the applicant and the institution to be represented meet the standards set forth in this rule and in Chapter 1005, F.S., the agent’s license shall be issued or extended for one year. A report of agents issued licenses or extensions shall be provided to the Commission on a quarterly basis. If the criminal background investigation reveals relevant convictions or pleas, the application will be denied.

(6) The criteria for nontransferable licensure of a recruiting agent are:

(a) Evidence of appointment by the institution to be a recruiting agent for the institution;

(b) Evidence that the institution to be represented is authorized to operate by the appropriate state or other agency of jurisdiction where the main campus, corporate headquarters, and all other operations of the institution are located, if out of state;

(c) Evidence that the agent has satisfactorily completed an approved training program and has demonstrated competent knowledge and mastery of the content;

(d) Affirmation that the agent has not had an agent’s license or similar authorization revoked in Florida or in another state or other jurisdiction, and has not been found in violation of laws or rules governing recruiting practices; and,

(e) Affirmation that the agent will represent the institution correctly and accurately and will comply with all applicable laws and rules.

(7) Each agent’s license shall be effective for a period of one year from the date of issuance, and is not transferable to another agent or to another institution to be represented. If an individual recruits students for more than one institution, that individual must receive a separate agent’s license and receive and document separate agent’s training for each institution represented.

(8) Each initial agent’s license shall be issued for a maximum period of one year from the date of issuance. After receiving initial licensure, an agent shall apply annually for licensure by submitting the documentation and fee set forth in this rule.

(9) Each institution employing recruiting agents shall notify the Commission in writing within ten days after the resignation or dismissal of an agent. Agents shall be required to return their agent’s license within 10 days of resignation or dismissal.

(10) An agent’s license is subject to denial, probation, or revocation for cause as set forth in Section 1005.38, F.S., and Rule 6E-2.0061, F.A.C. Grounds shall include violation of applicable Florida law; misrepresentation of the institution, its programs, or other pertinent facts; obtaining an agent’s license by fraudulent misrepresentation, bribery, or through an error of the Commission; failure to follow fair consumer practices; failure to comply with the provisions of Chapter 1005, F.S.; prior revocation or disciplinary action against the agent for violation of these or similar standards; revocation of the represented institution’s license in Florida or of its authorization to operate in the state or other jurisdiction where the main campus, corporate headquarters, and all other operations of the institution are located; or, in the case of an out-of-state institution not licensed by the Commission, any activity by or on behalf of the institution which would be grounds for denial or revocation of its licensure under the provisions of Rule 6E-2.0061, F.A.C., if it were subject to licensure in Florida. A person whose agent’s application has been denied or revoked shall not solicit students, nor shall a person solicit students while his or her agent’s license is under probation.

(11) Revocation of an agent’s license shall lead to an investigation of the licensed institution to determine whether the institution’s license should be placed on probation or revoked for failing to train or supervise its agents adequately, or for allowing or encouraging its agents to violate the provisions of Florida Statutes and rules, if the activities leading to the disciplinary action appear to be related to such circumstances.

(12) All monies collected by an agent from or on behalf of students recruited shall be turned over to the institution represented. All checks received shall be made payable to the institution represented, and receipts for cash shall be given to the student in the name of the institution.

(13) All licensed agents representing an institution shall be called agent, admissions representative, sales representative, or field representative. The terms counselor or advisor, or modifications thereof, shall not be used by agents.

(14) Agents shall not have the authority to accept an applicant for admission on behalf of the institution. If an applicant is determined by the institution not to be eligible for admission, or not to possess the ability to complete the program successfully, all monies paid shall be refunded in accordance with the institution’s refund policy.

(15) An agent shall not offer a bonus or discount to the prospective student, and shall not make statements indicating that the prospective student must make a decision immediately or within a short period of time. No reference shall be made, either verbally or in writing, that other inducements, including but not limited to travel, equipment or textbooks, will be provided free to the prospective student for signing up during a specific period of time or for bringing in other new students.

History

• Rulemaking Authority 1005.31(10) FS. Law Implemented 1005.04, 1005.22(1)(h), 1005.31(10), 1005.33, 1005.38(1), 1005.39 FS. History–New 12-5-74, Formerly 6E-4.01(4), Amended 11-11-75, 2-6-78, Formerly 6E-2.10, 6E-2.11, Amended 5-13-87, 11-27-88, 11-29-89, 12-10-90, 10-19-93, 4-11-00, 4-2-03.

Fla. Admin. Code R. 6E-2.011 Agents; Application for Licensure

History

• Rulemaking Authority 246.071 FS. Law Implemented 246.051, 246.081(1), (2) FS. History–New 12-5-74, Formerly 6E-3.01(2), Amended 11-11-75, Formerly 6E-2.11, Repealed 5-13-87.

Fla. Admin. Code R. 6E-2.012 License Fees

History

• Rulemaking Authority 246.041(1)(e), 246.071 FS. Law Implemented 246.101 FS. History–New 2-6-78, Formerly 6E-2.12, Repealed 10-13-83.

Fla. Admin. Code R. 6E-2.013 Violation of Laws or Rules

History

• Rulemaking Authority 246.041(1)(e), 246.051(1), 246.071 FS. Law Implemented 246.051, 246.111 FS. History–New 12-5-74, Formerly 6E-4.01(6), Amended 11-11-75, Formerly 6E-2.12, Amended 2-6-78, 10-13-83, Formerly 6E-2.13, Repealed 5-13-87.

Fla. Admin. Code R. 6E-2.014 Advertising by Colleges Under Injunction Prohibited

History

• Rulemaking Authority 246.041(1)(e), 246.071 FS. Law Implemented 246.051, 246.081(3) FS. History–New 2-6-78, Formerly 6E-2.14, Repealed 10-13-83.

Fla. Admin. Code R. 6E-2.016 Review and Authorization of Branch Educational Operations

History

• Rulemaking Authority 246.041(1)(e), 246.071, 246.128 FS. Law Implemented 246.128 FS. History–New 2-19-84, Formerly 6E-2.16, Repealed 11-27-88.

Chapter 6E-4 GENERAL INFORMATION

Fla. Admin. Code R. 6E-4.001 Fees and Expenses

(1) The Base Fee and the Workload Fee shall be assessed at one of six levels based upon the Florida student enrollment (per license issued) for the last reported fiscal year ending on June 30th. For each licensed institution, Florida student enrollment consists of all students enrolled at a Florida campus of a licensed institution and for distance education, a student whose mailing address for purposes of receiving distance education lessons and materials from the school, is a Florida address. If an institution that holds a license has not submitted enrollment data to the Commission (using the CIE Annual Data Collection) they shall be assessed at the highest level.

(a) Level 1 = 0 to 100 students

(b) Level 2 = 101-500 students

(c) Level 3 = 501-1,000 students

(d) Level 4 = 1,001 to 5,000 students

(e) Level 5 = 5,001 to 10,000 students

(f) Level 6 = over 10,000 students

If the total revenue collected by the Commission during a fiscal year is 12% or greater than the Commission’s budgeted expenditures for the same fiscal year, the Commission is authorized to reduce the Base Fee and Workload Fee up to 3%. If the total revenue collected by the Commission during a fiscal year is less than the Commission’s budgeted expenditures for the same fiscal year, the Commission is authorized to increase the Base Fee and Workload Fee up to 3%.

(2) Base Fee. All nonpublic institutions and centers of out-of-state institutions under the jurisdiction of the Commission derive benefit from the services performed by the Commission. Such services include but are not limited to administration of the fair consumer practices program and the data collection and dissemination program. To defray the cost of such general services, each institution holding a provisional or annual license, or a license by means of accreditation, with an enrollment at Level 1 shall pay $500, enrollment at Level 2 shall pay $1,000, enrollment at Level 3 shall pay $2,000, enrollment at Level 4 shall pay $3,000, enrollment at Level 5 shall pay $4,000 and enrollment at Level 6 shall pay $5,000. Enrollment shall be determined by the institution’s data submission to the CIE Annual Data Collection during the previous fiscal year or for a new institution, by its anticipated enrollment in Florida during its first year of operation. The Base Fee shall be due and collected at the time of application for provisional licensure, annual review of licensure, or the annual Licensure by Means of Accreditation review.

(3) Workload Fees. Each licensed institution receives technical assistance from the Commission, along with help in developing and implementing institutional articulation agreements and achieving candidacy status with accrediting agencies; and significant amounts of staff and administrative time are spent on evaluating applications, traveling to institutions for onsite visits, assisting institutions which are experiencing problems with financial aid or financial stability, and other duties assigned by the Commission. The following workload fees are assessed in addition to the Base Fee, and must be received prior to Commission consideration of each action.

Initial Application for License, or Moving from Nondegree to Degree:

New Nondegree Institutions

$2,000 + $200 per program

New Degree-Granting Institutions

$3,000 + $200 per program

Annual Review of Licensure and License by Means of Accreditation Review:

Level 1 = $1,500

Level 2 = $2,000

Level 3 = $5,000

Level 4 = $7,000

Level 5 = $8,500

Level 6 = $10,000

Institutions not Licensed by Means of Accreditation shall pay $50 per licensed program (not to exceed $500) as part of the Annual Review of License.

Substantive Change Review

$1,000

Provisional or Annual Licensure Extension (first)

$500

Provisional or Annual Licensure Extension (second)

$750

Provisional or Annual Licensure Extension (third)

$1,500

New Program or Program Modifications, Less than Substantive Change or More than One Minor Modification per Year:

Nondegree Programs for Annually Licensed Institutions

$500

Degree Programs for Annually Licensed Institutions

$1,000

Nondegree and Degree Programs for Institutions

$250

Licensed by Means of Accreditation:

Site Visits:

One Visit per Year

Included in licensure fee

Subsequent Visits directed by Commission

$300 per day

Approval to Use “College” or “University”, First Time or Special Review

$500

Annual Licensure of Recruiting Agents (nontransferable)

$200

Criminal Justice Information Investigation

$50

(4) Fines and disciplinary oversight:

Fine for Probation Requiring Oversight

Up to $5,000 depending on level and length of oversight required

Continuing Activity after Cease and Desist Letter, Per Day

$1,000

Monitoring Institution under Probable Cause, Per Calendar Quarter

$1,000

Fine for Failure to Timely Submit Accountability Data required by paragraph 6E-2.004(10)(d), F.A.C., $250, for the first infraction, and $500 for the second or subsequent infraction, not to exceed $500 for each reporting period.

(5) Licensure application fees, base fees and program fees shall be paid annually.

(6) Student Protection Fund: Nondegree institutions will be charged a fee for the Student Protection Fund. The fees are specified in rule 6E-4.005, F.A.C.

(7) Investigations and Resolution of Complaints. In cases where the Commission must investigate complaints pertaining to fair consumer practices, initiate Probable Cause proceedings, render findings of fact, and issue decisions, the institution shall be assessed a fee of no less than $500 and no more than $2,000, according to the administrative time required for the specific case, which is payable within 14 days of the official action being taken by the Commission.

(8) Failure to Submit Materials in a Timely Manner. In cases where the Commission has set a specific date for the filing of materials regarding licensure or other matters under its purview, and the institution has not filed said materials within 14 calendar days of the specified date, the Commission shall assess the institution $100 per working day until the materials are received by the Commission. The postal date on the envelope or package containing the materials shall serve as the date of receipt.

(9) All fees, and any fines imposed for probation or other violations shall be paid to the Chief Financial Officer of the Department of Education for deposit into the Institutional Assessment Trust Fund as established in section 1010.83, F.S., and identified as a separate revenue account for the authorized expenses of the Commission under the provisions of section 1010.83, F.S., with the exception that all fines imposed under paragraph 6E-2.004(10)(d), F.A.C., must be deposited into the Student Protection Fund, established pursuant to section 1005.37, F.S.

History

• Rulemaking Authority 1005.22(1)(e), 1005.35, 1005.37, 1005.38 FS. Law Implemented 1005.22, 1005.35, 1005.37, 1005.38 FS. History–New 1-7-03, Amended 7-27-04, 1-30-08, 7-21-08, 1-11-12, 2-20-24.

Fla. Admin. Code R. 6E-4.003 Institutional Assessment Trust Fund

(1) To implement the Institutional Assessment Trust Fund as established by Section 1010.83, F.S., the Commission shall be responsible for authorizing the expenditure of funds consisting of the fees, fines, and other receipts of money collected from institutions under its jurisdiction. Such authorization shall be in the form of an operating budget establishing categories of expenditures consistent with the Department of Education accounting system. The operating budget shall be established by resolution of the Commission and enacted at its last regularly scheduled meeting of each fiscal year. The Commission may transfer funds among and within budget categories as necessary and desirable for the efficient and effective administration of Chapter 1005, F.S.

(2) The Commission shall establish a fee schedule to generate the funds to cover its operating budget each year. Fees and other charges may be adjusted as necessary to meet the operating expenses, pursuant to Section 1005.35(2), F.S.

History

• Rulemaking Authority 1005.22(1)(e) FS. Law Implemented 1005.22(1)(e), 1005.35, 1010.83 FS. History–New 1-7-03.

Fla. Admin. Code R. 6E-4.005 Student Protection Fund; Trainout Procedures for Closure

Subsections (1)-(4) and subsection (6) of this rule shall apply to all licensed nonpublic nondegree schools. Subsection (5) shall apply to all licensed institutions.

(1) Establishment of Fund. There is hereby established a fund to be known as the Student Protection Fund, pursuant to Section 1005.37, F.S.

(2) Payment into the Student Protection Fund shall be made by all licensed nonpublic nondegree schools.

(3) Assessment Paid by Licensed Nondegree Schools. Each licensed school shall pay annually to the fund a specified amount equal to .0005 of the annual tuition revenue generated in Florida.

(4) Computation and Payment of Assessment.

(a) The Commission shall require each school to make a $500 payment to the Student Protection Fund before an initial Provisional License is issued.

(b) The counting period shall be the institution’s fiscal year.

(c) For programs offered by correspondence or distance education, only income from Florida students shall be counted for purposes of computing the assessment. For purposes of this rule, a Florida student is a student whose mailing address for purposes of receiving distance education lessons and materials from the school is a Florida address.

(d) The full and timely payment of the assessment is a condition of licensure. Failure to make such payment shall be grounds for disciplinary action against the school, or for changing the status of a school which is Licensed by Means of Accreditation to a Provisional License, or for denial of an application for license renewal.

(e) Licensed nondegree institutions shall report annual tuition revenue generated in Florida on CIE Form 604, entitled Selected Financial Data as incorporated by reference in Rule 6E-2.004, F.A.C. CIE Form 604 may be obtained without cost from the Commission’s website at www.fldoe.org/cie or by writing to the Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

(5) Application for and Granting of Train-out Awards.

(a) Any institution that enrolls a student who was enrolled in a licensed school but who was unable to complete a program at such school because the school ceased operations or terminated the program in which the student was enrolled may qualify for payments from the Student Protection Fund for training out the student in the program in which the student was previously enrolled.

(b) A licensed institution offering to train out an affected student(s) may apply for an award by letter to the Commission requesting a train-out award and identifying the school which ceased operations; the last known date that the school was open, or the closing date, if known; the program in which the student was enrolled; the date that the student’s program was terminated; the student’s identification number; and the approximate date on which the student began the program. Train-out institutions must provide to the Commission an accurate itemization of actual costs incurred during the training. The institution must also provide to the Commission an accounting of other funds that will be provided for the student. These funds will be considered when the Commission determines the amount of an award. The Commission will base awards on the availability of funds, the actual costs incurred, and the amount of other funds received. The train-out award and the cost of completing the program shall not exceed the actual cost of training out the student, minus other payments made by or on behalf of a student, minus the amount of any remaining accounts receivable. The Commission shall pay the award to the train-out institution within 45 days of the date of approval by the Commission.

(6) Additional Provisions.

(a) Direct expenses for the administration of the fund shall be charged to the fund.

(b) Pursuant to Section 1005.37(3), F.S., the owners of a school that terminates a program before all students have completed it shall be assessed a fee by the Commission in an amount not to exceed the cost to the Student Protection Fund of implementing the trainout. Failure to pay the fee to the Commission shall be grounds for disciplinary or civil action against the school and its owners. Improper closing of a school without meeting the obligations required by Chapter 1005, F.S., and these rules, shall result in actions as provided in Sections 1005.36 and 1005.38, F.S.

History

• Rulemaking Authority 1005.37 FS. Law Implemented 1005.35(4)(g), 1005.36(3), 1005.37 FS. History–New 4-2-03, Amended 1-11-12, 5-5-20.

Fla. Admin. Code R. 6E-4.007 On Site Visits

(1) Authority to inspect – Employees of the Commission or a designee shall have the power to inspect institutions in a lawful manner for a full or partial site visit at all reasonable hours under the following conditions:

(a) Assisting an institution in complying with the rules and statutes;

(b) As a criterion for annual licensure;

(c) Determining if any of the provisions of this chapter or any rule thereunder is being violated;

(d) For the purpose of securing such other evidence as may be needed for prosecution pursuant to Section 1005.38, F.S.;

(e) By the order of the Commission; and,

(f) Upon receiving an application containing information that may cause an investigation to be made of the institution.

(2) On Site Visit Process.

(a) Employees or designees of the Commission shall have the authority to perform announced or unannounced on site visits and to inspect such files, facilities, and equipment as well as conduct interviews with such individuals as appropriate to determine whether the institution is in compliance with Chapter 1005, F.S., and the Commission rules.

(b) Failure to provide full access to the institution’s files, facilities and equipment or prevention of interviews is grounds for disciplinary action.

(c) A detailed written report of findings shall be compiled by staff and made a part of the institution’s file.

(d) The institution shall pay the required fees to cover the travel and per diem expenses of the Commission staff and committee members.

History

• Rulemaking Authority 1005.22(1)(e), 1005.31(2), 1005.33(1), 1005.38(1) FS. Law Implemented 1005.31(2), 1005.33, 1005.38 FS. History–New 12-23-03.

Chapter 6E-5 Exempt Religious Colleges

Fla. Admin. Code R. 6E-5.001 Religious Institution Letter of Exemption

(1) Definitions. As used in this rule, a “letter of exemption” means a letter issued by the Commission to a nonpublic religious postsecondary educational institution providing that the institution has met the requirements of state law and is exempt from licensure.

(2) The Commission shall issue an annual letter of exemption, after receipt of a properly completed CIE Form 113 and upon approval from the Commission. CIE Form 113, Affidavit for Religious Institution Letter of Exemption, is incorporated by reference to become effective December 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18743). CIE Form 113 may be obtained without cost, from the Commission’s website at www.fldoe.org/cie or by writing to the Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

(3) The sworn affidavit, CIE Form 113, shall be executed by an Officer, Director or person holding a similar office with the religious institution.

(4) The Commission shall not issue a letter of exemption until it has received a properly completed CIE Form 113 and granted approval. Upon request from the Commission, the institution shall submit documentation demonstrating compliance with s. 1005.06(1)(f) and s. 1005.04, F.S., including paragraph 6E-1.0032(6)(i), F.A.C. The institution shall submit such documentation within 30 days after the request.

(5) Duration. A letter of exemption is valid for one year from the date reflected on the letter. However, if the Commission is unable to supply the letter of exemption to an institution after the institution has timely submitted a completed CIE Form 113, the previous year’s letter of exemption will remain in effect until the Commission issues a new letter of exemption or until the Commission denies the completed CIE Form 113 at a public meeting.

History

• Rulemaking Authority 1005.06(1)(f)3.c., 1005.22(1)(d) FS. Law Implemented 1005.06(1)(f) FS. History–New 6-22-09, Amended 12-21-25.

Chapter 6E-6 Nonpublic Colleges, Universities and Schools

Fla. Admin. Code R. 6E-6.001 Failure of Nonpublic College, University or School Administrator or Law Enforcement Agency to Report Child Abuse, Abandonment or Neglect

(1) Definitions. For purposes of this rule, the following definitions apply:

(a) The term “administrator” means the personnel who have been assigned the responsibilities of institution-wide or campus-wide academic or administrative functions.

(b) The term “Commission” means the Commission for Independent Education.

(c) The term “law enforcement agency” means any unit of the nonpublic college, university, or school, as defined in Section 1000.21 or 1005.02, F.S., which is vested with the authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

(2) Failure to Report.

(a) Any person who has knowledge that a nonpublic college, university or school administrator knowingly and willfully failed to report information of known or suspected child abuse, abandonment or neglect, or knowingly and willfully prevented another person from doing so, as required by Section 39.205, F.S., may file a complaint with the Commission at www.fldoe.org/cie, by fax at (850)245-3238, or by writing to the Commission at 325 West Gaines Street, Suite 1414, Tallahassee, FL 32399-0400.

(b) Any person who has knowledge that a law enforcement agency failed to report information of known or suspected child abuse, abandonment or neglect, as required by Section 39.205, F.S., may file a complaint with the Commission at www.fldoe.org/cie, by fax at (850)245-3238, or by writing to the Commission at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

(c) Upon receipt of a complaint, the Commission shall investigate it within thirty (30) days.

(d) The institution shall be provided with the complaint, the Commission’s investigation, and a copy of Section 39.205, F.S., and shall have twenty (20) working days after receipt to submit a written response to the Commission.

(3) Action by the Commission. Prior to imposing a fine, the Commission shall consider the complaint, the investigation, and the institution’s response at a publically noticed meeting. Any order imposing a fine shall be reduced to writing and a copy provided to the institution or agency.

(4) Fines. Fines assessed under this section shall be paid to the Chief Financial Officer of the Department of Education for deposit into the Institutional Assessment Trust Fund in accordance with subsection 6E-4.001(9), F.A.C.

History

• Rulemaking Authority 39.205(10) FS. Law Implemented 39.205 FS. History‒New 3-5-14.

Chapter 6E-7 Designation of Restrooms and Changing Facilities in Commission for Independent Education Institution Facilities

Fla. Admin. Code R. 6E-7.001 Designation of Restrooms and Changing Facilities in Private Postsecondary Educational Institutions

(1) Purpose. The purpose of this rule is to provide requirements regarding restroom and changing facilities at colleges and universities licensed by the Commission for Independent Education and at institutions not under the jurisdiction or purview of the commission, as identified in s. 1005.06 (1)(b)-(f), Florida Statutes (F.S.) pursuant to s. 553.865, F.S.

(2) Compliance. Colleges and universities licensed by the Commission for Independent Education, and institutions not under the jurisdiction or purview of the commission, as identified in s. 1005.06(1)(b)-(f), F.S., must comply with all applicable requirements of s. 553.865, F.S., and update policies and procedures pertaining to the use of restrooms and changing facilities by males or females based on biological sex at birth. This includes, but is not limited to, the following:

(a) That restrooms are designated for exclusive use by males or females, as defined s. 553.865(3), F.S., or that there is a unisex restroom.

(b) That changing facilities are designated for exclusive use by males or females, as defined in s. 553.865(3), F.S., or that there is a unisex changing facility.

(c) That disciplinary policies for administrative personnel and instructional personnel have been established that comply with s. 553.865(9)(d), F.S.

(d) That the student handbook, disciplinary procedures, and code of conduct have been updated according to s. 553.865(9)(a), F.S.

(e) That the employee handbook, disciplinary procedures, and code of conduct have been updated according to s. 553.865(9)(d), F.S.

(f) That the student and employee handbooks, disciplinary procedures, and codes of conduct provide notice to students, administrative personnel, instructional personnel, security personnel and law enforcement personnel of the right to file a complaint with the Attorney General alleging that the college, university, or institution not under the purview of the commission, as identified in s. 1005.06(1)(b)-(f), F.S., has failed to meet the minimum requirements for restrooms and changing facilities under ss. 553.865(4) and (5), F.S.

(g) That procedures have been established for when any person, not a student or administrative personnel or instructional personnel, improperly enters a restroom or changing facility designated for the opposite sex on the premises of a college or university licensed by the Commission for Independent Education, or on the premises of an institution not under the purview of the commission, as identified in s. 1005.06(1)(b)-(f), F.S., and refuses to depart when asked to do so by administrative personnel, instructional personnel, security personnel, or law enforcement personnel.

(3) Reporting. By April 1, 2024, the owner, director or designated administrator of each college and university licensed by the Commission for Independent Education, and each institution not under the purview of the commission, as identified in s. 1005.06(1)(b)-(f), F.S., must submit the Safety in Private Spaces Act Certification of Compliance, CIE form 901, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16046) effective November 2023, which is hereby incorporated by reference, to the Commission for Independent Education via email at cieinfo@fldoe.org, certifying that the college, university, or institution maintains restrooms or changing facilities that meet the requirements of ss. 553.865(4) and (5), F.S. The certification submitted by the college, university or institution will encompass all facilities on all campuses, centers, and special purpose centers. Student housing facilities owned or operated by the college, university, or institution are also subject to this rule and must be included in the certification. If a college, university, or institution is established or acquired after July 1, 2023, the owner, director or designated administrator must submit CIE Form 901 within one (1) year of establishment or acquisition. A college or university licensed by the Commission for Independent Education that fails to timely submit the Safety in Private Spaces Act Certification of Compliance, CIE form 901, certifying compliance with ss. 553.865(4) and (5), F.S., is subject to disciplinary action, up to and including revocation of license.

(4) Institutional Disciplinary Actions. Colleges and universities licensed by the Commission for Independent Education, and institutions not under the jurisdiction or purview of the commission, as identified in s. 1005.06(1) (b)-(f), F.S., must establish a disciplinary policy for administrative personnel and instructional personnel who violate s. 553.865(9)(d), F.S.

(5) An individual certified by the Florida Department of Education may face discipline relating to that certificate pursuant to s. 1012.795, F.S., for violating any provision of s. 553.865, F.S.

History

• Rulemaking Authority 553.865(16), 1005.22(1)(e), 1005.31 FS, Law Implemented 553.865(12)(e), 1005.31 FS. History‒New 11-21-23.

Division 6 Departmental

Chapter 6-1 FINANCE AND ADMINISTRATION

Fla. Admin. Code R. 6-1.0996 Graduation Requirements for Certain Students with Disabilities

History

• Rulemaking Authority 229.565(1), 232.247 FS. Law Implemented 230.23(6)(a), 232.247 FS. History–New 10-31-88, Amended 6-14-94, Formerly 6A-1.0996, Amended 10-11-99, Repromulgated 1-25-00, Transferred to 6A-1.09961.

Division 6M Division of Early Learning

Chapter 6M-4 DIVISION OF EARLY LEARNING - SCHOOL READINESS PROGRAM

Fla. Admin. Code R. 6M-4.100 Definitions

History

• Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(4)(a), (5)(c), (d), (6), (9)(d) FS. History–New 4-21-03, Formerly 60BB-4.100, Repealed 7-31-14.

Fla. Admin. Code R. 6M-4.200 School Readiness Eligibility Provisions

(1) Definitions. The following definitions are applicable to all rules under Chapter 6M-4, F.A.C.

(a) “Authorization Period” means the period the family is authorized to receive services once the family is determined to meet all the eligibility requirements.

(b) “Child Care Authorizations” and “referrals” means the forms received from recognized referring entities authorizing the need for child care services.

(c) “Earned Income” means the gross remuneration resulting from work, professional service or self-employment. This includes commissions, bonuses, back pay awards, and the cash value of all remuneration paid in a medium other than cash.

(d) “Parent” means a person who has legal custody of a minor as a:

1. Natural or adoptive parent;

2. Legal guardian;

3. Person who stands in loco parentis to the minor; or

4. Person who has legal custody of the minor by order of a court.

(e) “Payment Certificate” means the document issued by the coalition authorizing School Readiness payment for a specific child to a specified child care provider for a defined period.

(f) “Person Who Stands in Loco Parentis” means a responsible adult with whom the child lives, who is responsible for the day-to-day care and custody of the child when the child’s parent by blood, marriage, adoption or court order is not performing such duties.

(g) “Purpose for Care” means the reason the parent needs care, such as employment, education and training, job search as indicated on a valid Department of Children and Families (DCF) or Workforce Child Care Authorization form, work activity, respite services, child protection, seasonal work, disability and special needs.

(h) “Re-establishment Period for Purpose of Care” refers to the period where the family continues to receive services during a temporary change.

(i) “Special Needs” means a child who has been determined eligible as a child who requires additional accommodations beyond those required by the Americans with Disabilities Act and has a documented special need in accordance with Section (s.) 1002.87(1)(c)6., F.S.

(j) “Suspend” means to temporarily discontinue services for the parent when the parent intends to resume an eligible education/training or work activity that has a change that exceeds three (3) months or the child temporarily does not need school readiness services offered by the coalition.

(k) “Unearned Income” means income other than earned income that includes documented alimony and child support received, social security benefits, Supplemental Security Income (SSI) (excluding SSI payments when a child is the recipient), worker’s compensation benefits, reemployment assistance or reemployment compensation benefits, veteran benefits, retirement benefits, temporary cash assistance under Chapter 414, F.S., and cash gifts received regularly. Regularly means a definite pattern and at uniform intervals of time.

(2) Authorization period and purpose for care. A family’s eligibility for school readiness services depends on an established purpose for care. A coalition must authorize services in accordance with the family’s purpose for care. During the authorization period the child must be considered eligible and will receive services at least at the same level, regardless of a change in family income remaining at or below 85% SMI or a temporary change in the ongoing status of the child’s parent as working or attending a job training or educational program.

(a) A temporary change includes:

1. Any time-limited absence from work for an employed parent due to reasons such as need to care for a family member or an illness;

2. Any interruption in work for a seasonal worker who is not working between regular industry work seasons;

3. Any student holiday or break for a parent participating in training or education;

4. Any reduction in work, training or education hours, as long as the parent is still working or attending training or education;

5. Any other cessation of work or attendance at a training or education program that does not exceed three (3) months;

6. Any change in age, including turning 13 years old during the eligibility period; and,

7. Any change in residency within the state.

(b) Twelve-month authorization period. The coalition will authorize at-risk, Economically Disadvantaged, Special Needs children, and a parent who has an Intensive Service Account or an Individual Training Account under s. 445.009, F.S., for 12-months of child care funding.

1. At-risk. Eligibility is based on a documented child care authorization from the Florida Department of Children and Families (DCF) or its contracted provider, DCF-designated Lead Homeless Coalition Continuum of Care agency or Certified Domestic Violence Center. “At-risk child” is defined in s. 1002.81(1), F.S.

a. Child care authorizations for at-risk and protective services categories must be valid for the duration determined by the referring entity.

b. A child may continue to maintain eligibility under the at-risk or protective services categories as long as there is a current and valid child care authorization. Each time a child care authorization is renewed during the 12-month authorization of child care funding, child care services will continue in increments defined by the referring agency. If an additional referral is granted to the parent that extends the purpose for care beyond the initial 12-month authorization period, the coalition must authorize the parent for an additional 12-month authorization period.

2. Intensive Service Account or an Individual Training Account under s. 445.009, F.S. Eligibility is based on a documented child care authorization from the local workforce development board or its contracted provider, as defined in s. 445.009, F.S.

a. Child care authorizations for a parent with an Intensive Service Account or an Individual Training Account must be valid for the duration determined by the referring entity.

b. A child may continue to maintain eligibility under the Intensive Service Account or an Individual Training Account category as long as there is a current and valid child care authorization. Each time a child care authorization is renewed during the 12-month authorization of child care funding, child care services will continue in increments defined by the referring agency. If an additional referral is granted to the parent that extends the purpose for care beyond the initial 12-month authorization period, the coalition must authorize the parent for an additional 12-month authorization period.

3. Economically disadvantaged. To be eligible under this category the family must meet the following requirements -

a. Family Income. The family’s income must be at or below the State Median Income (SMI) threshold defined in s. 1002.81, F.S., for initial eligibility and 85 percent (85%) SMI for continued eligibility.

b. Assets. A family cannot have assets that exceed one million dollars (as certified by the family member applying for services). This applies to all children funded with Child Care and Development Block Grant funds.

c. Working Family. The family must also meet the definition of “Working Family” as defined by s. 1002.81, F.S.

4. Special needs. To be eligible under this category, a child must have the documentation required by s. 1002. 87, F.S.

(c) Authorization period less than twelve months. The following authorization periods apply for children being served in other categories. Parents must also maintain compliance with statutory requirements specific to the program, as monitored by the referring agency.

1. Relative Caregiver Program and the Guardianship Assistance Program. A child may continue to maintain eligibility under the Relative Caregiver or Guardianship Assistance programs if, upon closure of the protective services case, the guardian is in receipt of Relative Caregiver Assistance or Guardianship Assistance payments for the child in need of school readiness services. A child may continue to maintain eligibility under the Relative Caregiver or Guardianship Assistance programs for up to 12-months for initial and subsequent authorizations, as determined by the coalition, as long as the parent is in receipt of Relative Caregiver or Guardianship Assistance payments.

2. Welfare Transition Program, Temporary Cash Assistance, and Transitional Child Care/Non-Temporary Cash Assistance. Eligibility is based on a documented child care authorization issued by DCF or the local workforce agency. All children eligible under the Temporary Cash Assistance, Temporary Cash Assistance Respite, and Temporary Cash Assistance Applicant programs will be authorized for child care funding for the period indicated by the referring agency’s child care authorization. The parent no longer maintains purpose for care under this eligibility category upon child care authorization expiration or upon notification of termination from the referring agency to the coalition, whichever comes first.

(3) Re-establishment period for purpose of care. When a parent experiences a loss in purpose for care, the coalition must provide the parent a 3 month period to re-establish purpose for care, at which time the parent must meet purpose for care to remain eligible. If the child served is subject to 12-month eligibility, then the child will remain eligible for the remainder of the twelve-month authorization period. The child will continue to receive services at the same level and provider will continue being reimbursed during the 3 month re-establishment period.

(a) At-risk, relative caregiver, welfare transition program and Intensive Service Account or an Individual Training Account participant. The parent no longer maintains the current purpose for care upon the child care authorization’s expiration or upon notification of termination from the referring agency to the coalition, whichever comes first. The coalition or contracted designee must inform the parent and DCF or local workforce referral agency that when the child care authorization expires or is terminated the parent will have 3 months to provide documentation to establish a purpose for care under the same eligibility category or another eligibility category to continue to receive services.

(b) Economically disadvantaged. The parent no longer maintains purpose for care upon cessation of employment, attendance at a job training or education program.

(c) The time period that surpasses the initial authorization will be counted toward the subsequent authorization period.

(d) A family will not be limited to a single 3 month period to reestablish a purpose of care.

(4) Redetermination. All redetermining eligible at-risk, economically disadvantaged, special needs children and Intensive Service Account or an Individual Training Account participants, will be authorized for 12-months of child care.

(a) Family Income. The family’s income must remain at or below 85% of the SMI as the upper level of the program subsidy support to be eligible for a subsequent authorization.

(b) Parents and providers must be notified if, as a result of any redetermination, a child is determined ineligible for the program within two weeks.

(5) Notification to parents. The coalition or contracted designee must notify the parents of their responsibility and the method to notify the coalition or contracted designee within fourteen (14) calendar days of any change of circumstances related to:

(a) Address;

(b) Change in work or education status;

(c) Family size;

(d) Failure to maintain attendance at a job training or education program;

(e) Income exceeds 85% of the SMI.

(6) Payment Certificate. Upon determination of eligibility, a parent will be given a payment certificate to submit to an eligible child care provider to enroll the child in its school readiness program. The payment certificate must at a minimum include the child(ren) for whom a coalition authorized child care, the provider the family selected, signatures of both the beneficiary and school readiness provider representative, the assessed parent copayment for each eligible child, the authorized hours of care and the authorized begin and end dates for school readiness services.

(7) Transfer of School Readiness Services. Eligible families will continue to receive school readiness services during the 12-month authorization period due to a change in residence within the state to a different coalition service area.

(a) The school readiness funding must transfer to the coalition service area that the family relocates to. Funding must reflect the remaining balance of 12-month authorization. Transferring families are subject to the same documentation requirements found under subsection 6M-4.208(4), F.A.C. The coalition must make every effort to coordinate with the transferring coalition to obtain documents that would be valid regardless of the location of the coalition, such as birth certificates, shot records or proof of parental relationship.

(b) The parent copayment may not be increased due to a transfer of services outside of the coalition service area, unless the family is in graduated phase-out at the time of the coalition transfer in accordance with subsection 6M-4.400(3), F.A.C.

(c) The coalition service area of transfer will be responsible for the redetermination of eligibility at the end of the original 12-month authorization period.

(d) If the family transfers during a reestablishment period for purpose of care, the family must reestablish a purpose of care by the end of that same 3 month period for services to be continued in the new coalition service area.

(8) Termination of School Readiness Services. Services will be discontinued for a family prior to the end of the 12-month authorization period under limited circumstances. The family and provider will be notified of disenrollment at a minimum of two weeks prior to termination of services or at the end of the current authorization period, whichever comes first. The notification to the parent must include the reason for termination. Qualifying events for termination include:

(a) Excessive unexplained absences that exceed ten (10) calendar days during a total month of attendance. The coalition must document three attempts to contact the family and the provider regarding excessive absences prior to disenrollment.

(b) Substantiated fraud or intentional program violation determined by the coalition or its designee pursuant ss. 1002.91 and 1002.84(18), F.S.

(c) A change in residency outside of the State of Florida.

(d) Purpose of care is not reestablished at the end of a 3 month period.

(e) The family income exceeds 85% of the current state median income.

History

• Rulemaking Authority 1001.02(1), (2)(n) FS. Law Implemented 1002.81(1), (6), (14), 1002.82(2)(f), 1002.87(1), (5), (6) FS. History–New 4-21-03, Formerly 60BB-4.200, Amended 7-31-14, 12-18-16, 8-20-18, 6-11-20, 11-23-21, 12-21-25.

Fla. Admin. Code R. 6M-4.201 Eligibility for Children at Risk of Abuse or Neglect

History

• Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Formerly 60BB-4.201, Repealed 7-31-14.

Fla. Admin. Code R. 6M-4.202 Eligibility for Children at Risk of Welfare Dependency

History

• Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Formerly 60BB-4.202, Repealed 7-31-14.

Fla. Admin. Code R. 6M-4.203 Eligibility for Children in Working Families Whose Income Does Not Exceed 150 Percent of the Federal Poverty Level

History

• Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Formerly 60BB-4.203, Repealed 7-31-14.

Fla. Admin. Code R. 6M-4.204 Eligibility for Three-and Four-year-old Children Who may not be Economically Disadvantaged But Who Have Been Served in a Specific Part-time or Combination of Part-time Exceptional Education Programs With Required Special Services, Aids, or Equipment, and Were Previously Reported for Funding Part-Time With the Florida Education Finance Program as Exceptional Students

History

• Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.87(1)(h) FS. History–New 4-21-03, Formerly 60BB-4.204, Repealed 4-25-23.

Fla. Admin. Code R. 6M-4.205 Economically Disadvantaged Children, Children With Disabilities, and Children at Risk of Future School Failure, From Birth to Four (4) Years of Age, Who are Served at Home Through Home Visitor Programs and Intensive Parent Education Programs Such as the Florida First Start Program

History

• Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Formerly 60BB-4.205, Repealed 7-31-14.

Fla. Admin. Code R. 6M-4.206 Eligibility for Children Who Meet Federal and State Requirements for Eligibility for the Migrant Preschool Program but Who do not Meet the Criteria of Economically Disadvantaged

History

• Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Formerly 60BB-4.206, Repealed 7-31-14.

Fla. Admin. Code R. 6M-4.207 Eligibility for Children in the Relative Caregiver Program

History

• Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Formerly 60BB-4.207, Repealed 7-31-14.

Fla. Admin. Code R. 6M-4.208 Documenting Eligibility for the School Readiness Program

(1) Each early learning coalition or designated contractor must determine eligibility for each applicant applying for the School Readiness Program in accordance with Section 1002.87(1), F.S. and Rule 6M-4.200, F.A.C. All child eligibility documentation shall be maintained by the coalition, as applicable. Each coalition is responsible for implementing a records retention policy ensuring that all documentation is maintained in accordance with law. The coalition or the designated contractor, where applicable, must conduct annual internal file monitoring activities to ensure the accuracy of eligibility determinations.

(2) Notwithstanding their inability to provide full documentation at the initial eligibility determination, a coalition shall permit enrollment after initial eligibility determination to children experiencing homelessness as verified by a Department of Children and Families (DCF) certified homeless shelter.

(3) Each applicant must have a completed, signed and dated Form OEL-SR 01, School Readiness Application for each initial eligibility determination in the statewide information system. Form OEL-SR 01, is adopted in and incorporated by reference in Rule 6M-4.300, F.A.C.

(4) Documentation required for school readiness services eligibility. During the initial determination and redetermination an applicant must submit documentation, as applicable, to verify compliance with eligibility requirements. An office visit shall not be required for the submission of eligibility documentation or establishment of eligibility. Prior to the eligibility determination and enrollment, new applicants shall submit required documentation within 30 calendar days from the date on the funding notification. Redetermining applicants shall submit required documentation through the statewide information system prior to the redetermination date. The coalition shall determine eligibility within ten (10) calendar days of receipt of completed documentation.

(a) Age. Verification of age must be established for each child eligible for the school readiness program in accordance with Section 1002.87(1), F.S. The coalition shall keep a record of at least one of the following supporting documents that shows the child’s name and date of birth:

1. Child’s birth record.

2. Child’s certificate of baptism or other religious record of the child’s birth, accompanied by an affidavit stating that the certificate is true and correct, sworn to or affirmed by the child’s parent.

3. An insurance policy on the child’s life which has been in force for at least 2 years.

4. A passport or certificate of the child’s arrival in the United States.

5. An immunization record signed by a public health officer or licensed practicing physician, or

6. A valid military dependent identification card.

7. For Temporary Assistance for Needy Families (TANF) families identified in Section 1002.87(1), F.S., the child’s age, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s age as verified by the parent.

8. For children identified in Sections 1002.81(a)-(d), F.S., the child’s age, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish age as verified by the parent.

9. If no supporting documents listed in subparagraphs (a)1.-8. above are available, a parent’s notarized statement of the child’s age accompanied by a certificate of age signed by a public health officer or licensed physician stating that the child’s age shown in the affidavit is true and correct may be accepted.

(b) Citizenship. Each child receiving services must be a U.S. citizen or qualified alien. Verification of U.S. citizenship or a qualified noncitizen status must be obtained for each child prior to authorizing school readiness services. The coalition shall keep a record of at least one of the following supporting documents establishing citizenship for each child:

1. U.S. birth certificate.

2. An original or certified copy of the child’s U.S. birth record filed according to law with the appropriate public officer.

3. U.S. passport.

4. Lawfully admitted alien document (e.g. Forms I-94, I-94A, I-197, I-551 & I-766) with non-U.S. passport.

5. Certificate of U.S. citizenship or naturalization.

6. Documentation of the child’s Medicaid eligible status with the exception of Medicaid benefits received through the emergency medical assistance program as a non-citizen or non-qualified alien.

7. For TANF children identified in Section 1002.87(1)(a), F.S., the child’s status as a TANF recipient, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s citizenship.

8. If no supporting documents listed in subparagraphs (b)1.-7., above are available for a homeless child as defined in Section 1003.01, F.S., a coalition can accept a notarized statement provided by the child’s parent or homeless shelter to establish the child’s citizenship.

(c) Residency. Each applicant must submit verification of current residency to qualify for the program in the county in which the applicant applied. The coalition shall keep a record of at least one of the following supporting documents that shows the name and current residential address of a parent with whom the child resides:

1. Utility bill (electric, gas, water), cable, internet or landline phone bill dated within 12 months of the date the child application is submitted.

2. Pay stub from a current employer dated within 12 months of the date the child application is submitted.

3. Current and signed residential rental agreement, mortgage statement or receipt that contains a name and address, from a rental payment, dated within 12 months of the date the child application is submitted.

4. Government-issued document (e.g., a current property tax assessment, dated within 12 months of eligibility determination, showing a homestead exemption, a Florida driver’s license, Florida identification card),

5. Military order showing that the child’s parent is a service member in the United States Armed Forces and is assigned to duty and resides in Florida when the child attends the school readiness program (e.g., permanent change of station).

6. For children identified in Section 1002.87(1), F.S., the child’s status as a TANF recipient, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s residency.

7. For children identified in Sections 1002.81(1)(a)-(d), F.S., the child’s Florida Medicaid-eligible status, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s residency.

8. If no supporting documents listed in subparagraphs (c)1.-7., above, are available, a coalition may accept a notarized statement provided by the child’s parent and a letter from a landlord or property owner which confirms that the child resides at the address shown in the notarized statement. Documentation cannot be accepted by the coalition more than one time to determine eligibility.

9. If no supporting documents listed in subparagraphs (c)1.-7., above are available for a homeless child as defined in Section 1003.01, F.S., a coalition shall document residency based on other supporting documents showing that the child is homeless and resides in Florida (e.g., letter from a shelter or a notarized statement provided by the child’s parent).

(d) Parent Status. Each applicant must meet the definition of parent in subsection 6M-4.200(1), F.A.C., and submit government-issued ID and documentation of guardianship. Additionally, the coalition shall keep a record of at least one of the following supporting documents to verify the parental relationship:

1. A copy of the child’s birth certificate, which includes the parent’s name or maiden name, if applicable.

2. A court order or other legal documentation that substantiates the adult’s relationship to the child(ren).

3. A valid DCF or Workforce Child Care Authorization Form that bears the name of the child and the parent.

4. Documentation the applicant is in receipt of Relative Caregiver payment, Guardianship Assistance payment or TANF benefits on behalf of the child.

5. A notarized statement provided by the child’s parent listing the person designated to be responsible for care of the child.

6. Official public or non-public school records.

7. A notarized statement from a medical professional.

(e) Family Size. Each applicant must identify each child and adult included in the school readiness family size, in accordance with Section 1002.81(9), F.S.

1. Family size includes the parent(s) and the child(ren) currently residing together in the same dwelling unit (persons who are parents of a child in common regardless of whether they have been married and all children in their care) or person standing in loco parentis.

2. Children with a child care authorization who are in a licensed out-of-home placement or relative/non-relative placement must be listed as a child only case in the statewide information system. A family unit shall include an individual child referred or related sibling group referred in a licensed out-of-home placement or relative/non-relative placement.

3. The family size for a family that includes a child(ren) in receipt of Relative Caregiver or Guardianship Assistance payment shall only include the child(ren) in receipt of the Relative Caregiver or Guardianship Assistance payment.

4. The family size for a family that includes a child(ren) in receipt of TANF child only benefits shall only include the child(ren) if the child(ren) resides with a guardian. If the child(ren) resides with a parent, the parent must be included in the family size.

5. A teen parent will be considered a separate household, unless the teen and their child(ren) are included in their parent’s School Readiness family size. Eligibility and income will be determined consistent with the procedures for other households.

6. The coalition shall keep a record of at least one of the following supporting documents, as applicable, to establish family size:

a. A statewide information system generated form or locally developed form documenting the applicant’s family size including a statement from the parent certifying that the household information is true and correct. In cases where the coalition suspects fraud, the coalition may request additional documentation to establish family size.

b. For TANF families identified in Section 1002.87(1), F.S., the child’s family size as a TANF recipient, as indicated on a child care authorization submitted by the referring agency as verified by the parent, is sufficient to establish family size.

c. For children identified in Sections 1002.81(1)(a)-(f), F.S., the child’s family size on a child care authorization submitted by the referring agency as verified by the parent, is sufficient to establish family size.

(f) Purpose for Care. Each applicant must meet the purpose for care requirements of the program in accordance with Sections 1002.81(1), (7), (16) and 1002.87(1), F.S. The coalition shall keep a record of at least one of the following supporting documents establishing purpose for care for the authorization period:

1. For children identified in Sections 1002.81(1)(a)-(f), F.S., the child’s purpose for care, as indicated on a child care authorization submitted by the referring agency, is sufficient to meet this requirement. If income documentation (earned and unearned) is available during the initial and subsequent eligibility verification, it must be submitted at that time by the family or the referring agency. A child is eligible under the relative caregiver program category if, the guardian is in receipt of Relative Caregiver Assistance payments or Guardianship Assistance payments from the Florida Department of Children and Families.

2. For children identified in Section 1002.87(1)(a), F.S., the child’s status as a TANF recipient or a parent who has an Intensive Service Account or an Individual Training Account under Section 445.009, F.S., as indicated on a child care authorization submitted by the referring agency, is sufficient to establish purpose for care. The family’s income must meet the School Readiness Program income standards, remaining at or below eighty-five (85) percent of the State Median Income (SMI).

3. For income eligible families, purpose for care is established by the parent’s work schedule as verified on one of the income documents listed below in subparagraph (4)(f)6.

4. Education. Each applicant requesting services in order to attend an approved educational activity in accordance with Section 1002.81(16), F.S., shall provide an official school schedule or proof of enrollment from an accredited education institution, on the schools letterhead, that includes the class schedule. Use of educational activities as a purpose for care shall be limited to GED programs, secondary education programs, technical or vocational programs, associate of arts, associate of science, bachelor of arts, and bachelor of science programs.

5. Documentation for exemptions to work requirements due to disability or age:

a. Disability – In order to be exempt from work requirements due to disability, a parent must submit documentation from a physician licensed under Chapter 458 or 459, F.S., or a disability award letter from the U.S. Social Security Administration.

b. Age – In order to be exempt from work requirements due to age, a parent must submit proof of receipt of retirement income benefits from the U.S. Social Security Administration, a public or private employer, or documentation from a physician licensed under Chapter 458 or 459, F.S.

6. Income. Each applicant must submit documentation of earned and unearned income in accordance with paragraphs (a)-(g), below. This applies to at-risk children identified in Section 1002.81(1), F.S., if available. If income documentation is not available for at-risk children, the coalition shall still process the eligibility determination under the at-risk child care authorization.

a. All earned income and unearned income not excluded by Section 1002.81(8), F.S, and employment, shall be documented.

b. For all applicants, other than those who are self-employed, each source of earned income, at a minimum, shall be documented by hours of employment and rate of pay based on:

I. Four (4) weekly, two (2) biweekly, two (2) semi-monthly, or one (1) monthly pay stubs that are current and consecutive; or

II. A signed statement by the employer dated within 4 weeks of applying for SR child care funding; or

III. A signed contract for employment that has a termination date of not less than 9 months from the date of applying for SR child care funding.

c. Each source of unearned income, as defined by Section 1002.81(15), F.S., shall be documented at a minimum by:

I. Source documentation establishing receipt of unearned income such as, but not limited to, alimony, social security benefits, supplemental security income, worker’s compensation benefits, reemployment assistance, veteran’s benefits, retirement benefits, temporary cash assistance under Chapter 414, F.S., and regularly received cash gifts.

II. For child support, verification from the child support enforcement office or a written statement from the absent parent or parent in receipt of child support payments.

III. For varied amounts of unearned income, the parent must provide a minimum of four (4) weekly, two (2) biweekly, two (2) semi-monthly, or one (1) monthly source of unearned income documentation.

d. Income Fluctuations. For families that have irregular earnings (fluctuations) due to seasonal or other types of work schedules such as retail employment during the holidays or tourism in the summer, the coalition or contracted designee must:

I. Calculate the average income for the previous 12 months. The average must reflect income changes that occur during the eligibility period, including situations in which a family had monthly income above 85 percent of the State Median Income (SMI), for part of the year and lower income in other months.

II. For instances where a family, upon redetermination, may not have 12 months of pay stubs, use an employer verification statement that affirms the average annual income.

e. Self-Employment. For purposes of income verification, self-employment is defined as work activities that produce income that an individual uses to meet daily living expenses. The self-employment activity must contribute to the applicant’s livelihood and the time and effort put into the activity will indicate intent to make a profit. Passive or casual activities that can be more appropriately qualified as “hobbies” or volunteer work do not meet this criterion. Self-employed applicants shall provide appropriate documentation sufficient to determine a minimum of 20 hours worked per week and income, such as: business account ledgers, written documentation from customers, contractors, or federal tax returns.

(g) An acknowledgement of income and family size used to establish the family copayment in accordance with Rule 6M-4.400, F.A.C., if applicable, shall be documented by every family applying for school readiness service, including families of children identified in Section 1002.81(1), F.S. This acknowledgement shall be made and documented at each determination of eligibility. The acknowledgement may be recorded on locally created income worksheets that includes the information listed on the income worksheet generated by the statewide information system, if available.

1. Each early learning coalition shall maintain for each authorization period, documentation of the income calculations used to establish the family unit income for each family receiving school readiness services within the statewide information system. This may include documenting information on a locally created income worksheet or in case notes.

2. A family shall acknowledge a documented change in income or family size during the authorization period, if applicable.

History

• Rulemaking Authority 1001.02 FS. Law Implemented 1002.81(1), (8), (16), 1002.82(2)(f), 1002.84(8), 1002.87(1), (5), (6) FS. History–New 4-21-03, Formerly 60BB-4.208, Amended 12-18-16, 8-20-18, 6-11-20, 11-23-21.

Fla. Admin. Code R. 6M-4.209 Redetermination of Eligibility for Financial Assistance

History

• Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.84(7) FS. History–New 4-21-03, Formerly 60BB-4.209, Repealed 12-18-16.

Fla. Admin. Code R. 6M-4.210 Maintaining Eligibility for Financial Assistance; Breaks in Employment

History

• Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Formerly 60BB-4.210, Repealed 7-31-14.

Fla. Admin. Code R. 6M-4.300 School Readiness Application and Waiting List Procedures

(1) Definitions.

(a) “Parent” means individual defined in Rule 6M-4.200, F.A.C.

(b) “Potentially eligible” means that the family’s application appears to meet the requirements for eligibility but the family has not yet submitted necessary documentation to determine eligibility.

(c) “Prequalifying questions” means questions that parents must answer prior to submitting an application. The prequalifying questions screen families according to the school readiness eligibility requirements pursuant to Section 1002.87, F.S., and subsection 6M-4.200(2) or (3), F.A.C.

(d) “Revalidation” means the process of a family’s confirmation that the information about the family on the waiting list is current.

(e) “Removal” means that a family is removed from the waiting list for a reason identified in paragraph (4)(d).

(f) “Waiting list” means a coalition-maintained list of children waiting for potential enrollment in the school readiness program once funding is available. The list is a record of the names of parent(s), the names and dates of birth of their children, waiting list date and anticipated eligibility, annual family income and priority category.

(2) Prequalifying Questions and School Readiness Application.

(a) To participate in the school readiness program, parents must apply through the single statewide information system (SSIS) established in Section 1002.81(13), F.S., and available at https://familyservices.floridaearlylearning.com. Parents must first complete a prequalifying questionnaire. If the results of the prequalifying questions indicate that the family may be potentially eligible, the family will then be directed to the School Readiness Application. As part of the application, parents must submit the required document(s) per parent in the household as described within the application.

(b) Forms DEL-SR 01-PQ, Prequalifying Questions (March 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19100) and DEL-SR 01, School Readiness Application (March 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19101) are hereby incorporated by reference and may be obtained from the division’s website at www.fldoe.org/schools/early-learning/rep-pol-guide/.

(c) For at-risk families identified in Section 1002.81(1), F.S., who have a valid child care authorization, eligibility determination will not be dependent on completion of the prequalifying questions and application, however, an application must be completed no later than 14 calendar days after eligibility determination.

(d) For relative caregiver, child protection where the child is not placed with a relative, and TANF child only cases, the family’s income and assets are based on the child’s income only.

(3) Eligibility Screening.

(a) Early learning coalitions must review each application and required documentation within 20 calendar days of submission to determine if the parent is potentially eligible pursuant to Section 1002.87(1), F.S, and notify the parent if the eligibility criteria have or have not been met.

(b) If the coalition determines that the family is potentially eligible and funding is available, the early learning coalition will inform the family of the required documents to conduct an eligibility determination pursuant to Section 1002.87, F.S., and Rules 6M-4.200 and 6M-4.208, F.A.C. Upon determining the family eligible for the school readiness program, the child is eligible for enrollment with a provider delivering the school readiness program.

(c) If the family is potentially eligible and funding is not available, the early learning coalition will place the child on its waiting list according to subsection (4).

(d) If at any time a family appears ineligible, the early learning coalition must offer the parent Child Care Resources and Referral services pursuant to Rule 6M-9.300, F.A.C.

(4) Waiting List Management. Each coalition must utilize a waiting list as an enrollment management tool for the school readiness program on an ongoing basis. An early learning coalition cannot purge its waiting list by removing all children at one time. A coalition’s waiting list management must consist of:

(a) Placement of Children on the Waiting List.

1. A family will be placed on the waiting list on a first-come, first-serve basis, based on the date of the approved application, the potential eligibility priority categories specified in Section 1002.87(1), F.S., household income and the age of the child. An early learning coalition may consider local service priorities within a priority category.

2. Following placement on the waiting list, a parent may update information reported in the School Readiness application. The coalition shall review the updated information according to this rule. If the family remains potentially eligible, the family shall retain its place on the waiting list. If a parent requests school readiness program services for an additional child, the coalition must add this child in accordance with this rule and according to the initial date the family was placed on the waiting list.

3. An unborn child will not be eligible for the waiting list.

(b) Revalidation. At least once every six (6) months from the date the family was initially placed on the waiting list or from the last revalidation date the parent must submit updated information regarding eligibility. The coalition must notify the parent 30 calendar days prior to the revalidation date.

(c) Availability of Funding. No less than monthly, an early learning coalition must analyze fiscal and programmatic data to determine the availability of funding for school readiness services. At a minimum, such data must include a coalition’s waiting list data and its school readiness budget, including utilization and projections derived from school readiness enrollment/attrition, funding notification response rate, attendance and reimbursement reports. Within thirty (30) calendar days after a coalition determines funding is available, it must issue notifications to parents to potentially enroll in the school readiness program. The notice will provide instructions on how to complete the school readiness eligibility determination process pursuant to Rule 6M-4.208, F.A.C.

(d) Removal from the Waiting List. The coalition must notify the parent of removal from the waiting list. The notification will include the reason why the family was not placed on the waiting list or why the family or child was removed from the waiting list. Notice of removal is not required when funding becomes available for the child to receive school readiness services and the child is enrolled with a school readiness provider. A family will be removed from the waiting list under the following circumstances:

1. Failure to maintain accurate contact information;

2. Failure to meet the school readiness eligibility requirements;

3. Failure to confirm information. The parent does not validate its information by the due date indicated on the notification;

4. Over age limitations. Any child on the waiting list age 13 or older will be removed from the waiting list;

5. School readiness services no longer needed. The parent indicates that school readiness services are no longer needed;

6. The parent does not respond to the notification for available funding by the due date;

7. The family no longer resides in the early learning coalition’s service delivery area; or

8. Funding becomes available for the child to receive school readiness services and the child is enrolled with a school readiness provider.

(5) Reapplication.

(a) If a family is removed from the waiting list, a parent may reapply for school readiness services and must be screened for eligibility according to subsection (3) to be placed back onto the waiting list and receive a new waiting list date.

(b) If a family on the waiting list of an early learning coalition moves out of the coalition’s service area, the family must reapply for eligibility services with the coalition operating in the family’s new location. The family will receive a new waiting list date with the coalition offering services in the new location.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.85(2)(b)1., 1002.87(3) FS. Law Implemented 1002.81(13), 1002.82(2)(f)1.c., 1002.84(2), 1002.85(2)(b)1., 1002.87(3) FS. History–New 4-21-03, Formerly 60BB-4.300, Amended 8-21-16, 8-20-18, 3-26-26.

Fla. Admin. Code R. 6M-4.400 Required Parent Copayment

(1) Sliding fee scale. Each coalition must implement the sliding fee scale issued by the Division of Early Learning (DEL) and its copayment waiver policies, as applicable for families receiving school readiness services. Parent copayments will be set at a level not to exceed seven percent (7%) of the family’s income, regardless of the number of children in care during the authorized twelve (12) months of eligibility.

(2) Copayment Assessment. Each family that receives school readiness services will be assessed a copayment based on the family size, hours of care needed and the family’s income, according to the sliding fee scale issued by DEL as described in subsection (1).

(a) If a child is authorized for part time care, the parent will be assessed a part time copayment. If a child is authorized for full time care, the parent will be assessed a full time copayment.

(b) When a child’s normal schedule of care is based on the school year schedule and the child is authorized school readiness part time care during the school year and attends a full time day at the school readiness program on a school holiday or school closure, the parent will pay the part time copayment. During the summer break, if said child is authorized school readiness full time, the parent will pay the full time copayment.

(c) Copayments for at-risk families as defined in s. 1002.81(1), F.S., must be assessed at the initial child care authorization. A coalition may waive a copayment for an at-risk child in accordance with subsection (6).

(d) A family may submit documentation at any time during the eligibility authorization period to decrease the copayment.

(3) Redetermination. At the end of the initial 12-month eligibility period, the coalition will re-evaluate the family’s eligibility. If a family’s income:

(a) Remains at or below 85% of the State Median Income (SMI), the family will remain eligible pursuant to Rule 6M-4.200, F.A.C. This includes families who enter graduated phase-out based on family income exceeding the amount established in s. 1002.81(6), F.S. The early learning coalition will authorize school readiness child care funding for 12 months from the redetermination date and assess a copayment based on the DEL issued sliding fee scale and the family’s current circumstances. All families remain subject to the reporting requirements detailed in subsection 6M-4.200(5), F.A.C. The coalition will adjust the family’s copayment based on the reported changes, as needed, and will notify the family and provider of such changes within ten (10) calendar days. Families with incomes at or below the amount established in s. 1002.81(6), F.S., will not have their copayments increased.

(b) Exceeds 85% of the SMI, or the family is otherwise no longer eligible, the coalition must notify the family and provider that the family is no longer eligible to receive school readiness services and school readiness services will be discontinued. For a family that is no longer eligible for the school readiness program due to income exceeding 85% of the SMI, the coalition will notify the family of the School Readiness Plus Program described in Rule 6M-9.200, F.A.C.

(4) Parent and Provider Notification. Prior to a child’s enrollment at the child care provider, the coalition will issue a payment certificate to the parent and eligible child care provider. The payment certificate includes the copayment to be paid by the parent to the school readiness provider. The coalition must notify the parent that additional fees charged by the provider may apply. If a child is enrolled with more than one provider or a family has more than one child enrolled in the school readiness program, the family will make only one copayment to one authorized provider.

(5) Copayment Collection. The copayment amount for which the family is responsible will be subtracted from the provider’s reimbursement, prior to payment by the coalition or its designee. Collection of the family’s required copayment for school readiness services will be the responsibility of the provider of school readiness services in accordance with s. 1002.88(1), F.S.

(a) The provider must provide written notice of the copayment due date. The parent copayment must be collected within ten (10) calendar days of the provider’s payment due date. The provider must give the parent a receipt for each copayment made by the parent and retain receipt records for all child care copayments.

(b) The provider must document outstanding parent copayment balances. The provider must provide written notification to the parent of the current outstanding copayment balance within fifteen (15) calendar days of the provider’s payment due date. This notification must be provided at least on a monthly basis as long as there is a copayment balance. Outstanding parent copayments will be subject to the provider’s payment policies as acknowledged and agreed upon by the parent. The provider must document the parent’s acknowledgement of receipt of payment policies related to the school readiness program prior to the parent enrolling his/her child in the provider’s school readiness program. If the provider intends to take action, in accordance with its policy, against a school readiness parent for non-payment of the copayment that includes disenrolling the child from the provider site, the provider must notify the coalition at least five (5) calendar days prior to disenrollment.

(6) Copayment Waivers. The coalition may waive the assessed parent copayment in accordance with Section 1002.84(9), F.S. Each coalition must submit a copayment waiver policy including include a list of qualifying events and outlining the procedure for obtaining a copayment waiver in its coalition plan pursuant to Rule 6M-9.115, F.A.C. Requests for copayment waivers must be documented in the case file.

(7) Transfers. A parent cannot transfer any child(ren) in the household to another school readiness program provider until the parent has satisfactorily fulfilled the copayment obligation related to the school readiness program and submitted documentation evidencing fulfillment from the current school readiness program provider responsible for collecting the copayment as described in subsection (5) to the early learning coalition. Satisfactory fulfillment of the copayment obligation is defined as immediate payment of the outstanding copayment obligation or establishment of a repayment plan for the outstanding copayment obligation. All transfers must be approved by the coalition.

(a) If the referenced documentation is not available, the coalition must contact the provider to determine compliance and document compliance as reported by the provider. The coalition will complete the transfer once the copayment obligation has been satisfactorily fulfilled.

(b) If a parent of an at-risk child defined in s. 1002.81(1), F.S., is unable to satisfactorily fulfill the copayment obligation prior to transfer, the provider must attempt to arrange a repayment plan with the at-risk child’s parent. If the provider is unable to arrange a payment plan with the at-risk child’s parent, the provider must document the repayment attempt and submit to the coalition.

(8) Copayment changes. A parent copayment will not be increased during the initial 12-month eligibility authorization period. The amount of copayment assessed must be in effect for the family’s authorized eligibility period, unless:

(a) The parent or referring agency requests and the coalition grants a waiver of the assessed co-payment specified in subsection (5); or

(b) An incorrect co-payment was assessed by the eligibility determiner as a result of an error of the eligibility determiner, program participant error, or program participant fraud, resulting in corrective action to reduce or increase the family’s co-payment; or

(c) The parent’s employment status, family size or income results in a lower parent copayment; or

(d) The authorized hours of care changes.

(e) Copayments during graduated phase out may be increased or decreased based on the family’s income and size.

(9) Coalition Copayment Errors. The coalition will not take action to recover an incorrect copayment made due to an error of the coalition or its designee. Once the error is discovered, the coalition must correct the error and apply the corrected copayment. The coalition must notify the parent within ten (10) calendar days of changes to the copayment. This notification must be documented.

(10) Copayment Recovery. In cases when a provider reimbursement overpayment is caused by an incorrect copayment assessment which resulted from parent error or parent fraud, the coalition must attempt to recover the overpayment from the provider and document attempts. If the coalition is unsuccessful in recovery of the overpayment, the coalition must notify DEL and submit documentation as necessary in accordance with the coalition’s approved anti-fraud plan.

(11) Accessibility of Copayment Information. Each coalition must post an electronic copy of its current sliding fee scale and the DEL approved copayment waiver policies to its website in an easily accessible location.

History

• Rulemaking Authority 1001.02(1), (2)(n) FS. Law Implemented 1002.84(9) FS. History–New 2-2-05, Formerly 60BB-4.400, Amended 1-1-15, 3-20-17, 5-13-25, 12-21-25.

Fla. Admin. Code R. 6M-4.401 Co-payment Collection

History

• Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d)4.a. FS. History–New 2-2-05, Formerly 60BB-4.401, Repealed 1-1-15.

Fla. Admin. Code R. 6M-4.500 Child Attendance and Provider Reimbursements

(1) General Provisions.

(a) A school readiness (SR) provider is not eligible to receive payment for a student prior to the student’s first day of attendance or after the student’s last date of attendance at the SR program.

(b) Reimbursement rates must be paid based on a child’s care level and unit of care as defined by the coalition established rate schedule for the county in which the provider’s facility is located.

(c) Daily attendance documentation must be maintained by each SR provider based on the terms of the Statewide School Readiness Provider Contract, specified in Rule 6M-4.610, F.A.C. The provider must record daily child attendance using a paper sign-in and sign-out form or electronic attendance-tracking system that is maintained at the provider site to validate the attendance data. For electronic attendance systems, the provider must backup records on a regular basis to safeguard against loss. The sign-in and sign-out forms must contain the following information:

1. Provider’s name;

2. Child’s first and last name;

3. Time signed in and signed out;

4. Date (month, day, year); and,

5. An authorized signature or electronic attendance-tracking system that records the date, child’s name, and electronic signature, card swipe, entry of a personal identification number, or similar daily action taken by the parent or other person dropping off or picking up the child to, or from, the provider site. An authorized signature, paper or electronic, includes provider designee for children who are transported via school to or from the provider site or a parent or person authorized by the parent as documented in writing and on file with the provider.

(d) A provider will be reimbursed for each day there is documented evidence that the child was in attendance. If a child is concurrently enrolled at different providers, each provider will be reimbursed in accordance with the child’s authorized schedule for each provider site.

(e) For SR children who are transported to and/or from the provider site, attendance must be documented in accordance with the School Readiness Program Health and Safety Standards Handbook as specified in Rule 6M-4.620, F.A.C.

(f) The provider must report any discrepancy, overpayment, or underpayment within sixty (60) calendar days of transmission of the reimbursement summary. Reported changes must include supporting documentation. Discrepancies validated by the coalition will be corrected.

(g) For a child who is authorized only full-time care, a coalition must not recoup or adjust a provider’s reimbursement for days a child attends part-time.

(h) The coalition must not reduce authorized hours of care prior to redetermination unless the parent requests a reduction in the authorized hours of care based on hours of care needed.

(i) The coalition must conduct monitoring activities in accordance with Rule 6M-4.630, F.A.C., to ensure the accuracy of payments of the monthly reimbursements. If it is determined through monitoring of the attendance and reimbursement documentation that a provider received an improper payment (overpayment or underpayment), the coalition must process a payment adjustment required to correct the improper payment.

(j) To receive reimbursement for a child served by a different coalition, the provider must have executed a Statewide School Readiness Provider Contract with the coalition of the child’s residence prior to the child’s enrollment. Reimbursement rates are based on the county where the provider is physically located and the child’s care level and unit of care.

(k) In accordance with s. 1002.84(11), F.S., attendance records may not be altered or amended after December 31 of the subsequent year.

(2) Monthly Certification of Child Attendance for Reimbursement.

(a) A provider must complete and certify a monthly roster, using the single statewide information system (SSIS), that lists each child enrolled in the provider’s SR program. An early learning coalition is authorized to request a SR provider submit paper sign-in and out forms or a print-out from the provider’s electronic attendance system to verify attendance prior to a payment reimbursement. In the event the SSIS is non-operational, the early learning coalition must provide the SR provider with a monthly roster.

(b) The coalition will not pay the SR provider until the provider submits a monthly attendance roster to the coalition which certifies the attendance of each enrolled child from the prior month.

(c) If a child arrives at a SR provider’s site but the provider or school refuses the child’s attendance, the provider must record the instructional day as a non-reimbursable absence.

(3) Holidays and Staff Training Days.

(a) A recognized holiday or staff training day as approved by the coalition will not be counted as an absence for purposes of reimbursement. The coalition must reimburse providers for up to twelve (12) holidays per year and one (1) optional staff training day, as authorized in the Statewide School Readiness Provider Contract and in accordance with a child’s authorized schedule.

(b) The staff training day must be approved by the coalition prior to the training occuring and align with child performance standards in accordance with Rule 6M-4.700, F.A.C., the Florida Standards and Key Competencies described in Rule 6M-4.735, F.A.C., Form DEL-SR 735, or Department of Children and Families (DCF) child care training.

(c) For school-aged children authorized for part time care, a provider will be reimbursed at a part time rate on a coalition approved holiday. For a school-aged child authorized full time care on school holidays, school closures, summer closures, or teacher inservice days, a provider will be reimbursed at a full time rate for coalition approved holidays.

(4) Absences.

(a) Reimbursement will be authorized for no more than three (3) absences per calendar month per child except in the event of extraordinary circumstances. The coalition or its designee must document approval for payment based on written documentation provided by the parent justifying extraordinary circumstances. Reimbursement for absences due to extraordinary circumstances is limited to ten (10) days per calendar month per child. Extraordinary circumstances do not include vacation or recreational time.

Examples of extraordinary circumstances include but are not limited to the following:

1. Hospitalization of the child or parent with appropriate documentation (i.e., doctor’s note, hospital admission),

2. Illness requiring home-stay as documented (i.e., doctor’s note, parent statement),

3. Death in the immediate family with appropriate documentation (i.e., obituary, death certificate, parent statement),

4. Court ordered visitation with appropriate documentation (i.e., court order),

5. Unforeseen documented military deployment or exercise of the parent(s) (i.e., military orders of deployment, reserve duty),

6. Doctor appointments or other health related appointments (i.e., therapy, routine).

(b) Total monthly reimbursed absences must not exceed thirteen (13) calendar days.

(c) If a child has five (5) consecutive days of absences during the child’s regularly scheduled attendance or ten (10) unexplained absences during a calendar month with no contact from the parent, the provider must submit written notification to the coalition or its designee. The coalition must determine the need for continued SR services and document in the case file all attempts to contact the parent by the coalition, provider, or referring agency, if applicable.

1. If a determination is made that SR services are no longer needed, the coalition or designee must send a notice of termination to the parent and SR provider in accordance with Rule 6M-4.200, F.A.C.

2. An at-risk child as defined in s. 1002.81(1), F.S., may not be disenrolled from the program without the written approval of the Office of Child and Family Well-Being of the Department of Children and Families or the community-based lead agency. A notice of termination must be maintained in the case file and provided to the parent, provider and referring agency.

(d) When an at-risk child under the age of school entry has one (1) unexcused absence or seven (7) consecutive days of excused absences, the SR provider must notify the Department of Children and Families or community-based lead agency and the coalition prior to the close of business on the day of the absence. The provider must maintain documentation of the notification. The coalition must document any contact made with the provider, referring agency and parent in the case file.

(5) Reimbursement for Contracted Slots. If a coalition participates in the Contracted Slots Program and determines a provider is eligible for the program in accordance with Rule 6M-4.610, F.A.C., the provider may be reimbursed a contracted slots differential of ten (10) percent above the established coalition reimbursement rate for each care level.

(6) Reimbursement for Registration Fees. Subject to the limitations set forth in this subsection, if a provider has indicated that it charges a registration fee in Exhibit 5 of the Statewide School Readiness Provider Contract, the coalition must pay the provider a registration fee for each child enrolled in the SR program. The coalition is authorized to pay the registration fee no more than two (2) times within a five (5) year period during a child’s continuous eligibility for the program, except as set forth in this subsection.

(a) Reimbursement for a registration fee by a coalition is limited to no more than seventy-five dollars per eligible child. The payment for the registration fee must not exceed the provider’s published private registration fee. The coalition must reimburse the registration fee with the reimbursement for the child’s first month of attendance with the provider. For children currently enrolled in the program, the coalition will reimburse the provider the registration fee the next time the fee is due to the provider. If a child is attending different providers concurrently, the coalition must pay the registration fee to the provider that the child attends the majority of the time. If a child concurrently attends all providers an equal amount of time, the registration is paid to the provider where the child has been enrolled the longest.

(b) Exceptions to the reimbursement two-time limit.

1. If there is a break in the child’s eligibility of at least twelve consecutive months, the two-time limit set forth in subsection (6) starts over.

2. If the child’s provider permanently closes or has its contract terminated, the registration fee is paid to the new provider.

3. If the family experiences a hardship requiring a transfer to a different provider, the coalition must pay the registration fee to the new provider. Hardship may be demonstrated by evidence of one or more of the following:

a. Illness of the child or parent requiring the family to relocate.

b. Loss of a parent resulting in family relocation.

c. Loss of employment resulting in family relocation.

d. Eviction requiring the family to relocate.

e. Natural or man-made disaster.

f. Child expulsion in accordance with the provider’s policies.

g. Guardianship transfer.

(c) The coalition must recoup the registration fee in cases where a provider expels a child within three (3) months of enrollment.

(7) Reimbursement for Children with Special Needs.

(a) A SR provider may be reimbursed a special needs differential by the coalition if caring for any SR child with special needs requiring additional care beyond services required by the Americans with Disabilities Act (ADA). The differential will be negotiated between the provider and coalition up to twenty (20) percent above the established coalition reimbursement rate for infant care. A special needs differential requires a diagnosis by a licensed health, mental health, education or social service professional other than the child’s parent or person employed by the child care provider, of a physical, mental, emotional, or behavioral condition that requires a higher level of care in the child care setting.

(b) In order to receive the special needs differential, the provider must submit a request to the coalition and receive approval. The request must include a list of proposed accomodations or special needs services in addition to services required by the ADA for each child and the following documentation to determine the child’s eligiblity for such accommocations:

1. A current individual educational plan with a Florida school district;

2. A current individualized family support plan;

3. A diagnosed special need; or

4. A written determination of required accommodations by a licensed health care professional, mental health care professional or an educational psychologist.

(c) Beginning July 1, 2027, to receive a special needs differential, a SR provider must meet or exceed the minimum program assessment composite score identified in Rule 6M-4.740, F.A.C., and submit to the coalition documentation of instructional staff assigned by the provider to the child having met training requirements established in s. 1002.89(1)(d), F.S. The list of staff training courses approved by the department is available at https://www.fldoe.org/schools/early-learning/providers/sr-train-screen-serv.stml.

(8) Reimbursement for Quality Programs. A SR provider that is currently participating in a state or local quality improvement program, as documented by the coalition and approved by the Division of Early Learning (DEL), may receive a differential calculated using the established coalition reimbursement rate for each care level and unit of care.

(a) Gold Seal Quality Care Programs. A SR provider that has a current Gold Seal Quality Care designation, will receive a differential in accordance with s. 1002.945(6), F.S.

(b) Quality Performance Incentive. An eligible SR provider that receives a qualifying program assessment composite score will receive a tiered Quality Performance Incentive differential above the established coalition reimbursement rate for each care level and unit of care. A SR provider’s Quality Performance Incentive differential is based on the provider’s most recent program assessment composite score and applied at the next monthly provider reimbursement payment. A qualifying program assessment composite score of:

1. 5.00 to 5.99 results in a seven (7) percent differential.

2. 6.00 to 7.00 results in a ten (10) percent differential.

(c) Child Assessments. An eligible SR provider that participates in child assessment in accordance with this paragraph will receive a child assessment differential of five (5) percent for each eligible child within 60 calendar days of conclusion of each assessment review period with the monthly reimbursement. To receive the differential, a provider must:

1. Submit a roster of all birth to kindergarten entry classrooms through the DEL-defined system as required in Form DEL-SR 740 (November 2022), incorporated by reference in Rule 6M-4.740, F.A.C. At least 75% of the provider’s teachers reported on its roster must meet the DEL-approved assessment tool’s reliability requirements.

2. Have teachers who meet the assessment tool’s reliability requirements assess the eligible SR children, ages birth to kindergarten entry who have been enrolled at the provider for at least 60 calendar days during the eligible assessment periods, on all domains required by the approved tool.

a. If a provider falls below the 75% teacher reliability requirement, it must notify the coalition within five (5) business days of the previous teacher’s last employment date or the current teacher’s last reliability date. The provider will have 60 calendar days to again meet the 75% requirement. If the provider does not, the differential will not be paid for the remainder of the contract term.

b. If a child enrolls at the provider later than 60 calendar days before the end of the assessment period, the child will be assessed in the next assessment period.

3. Submit complete data and upload required documents to the DEL-specified system no later than the last day of each period:

a. Assessment Period One – August 1 – October 31.

b. Assessment Period Two – November 1 – January 31.

c. Assessment Period Three – February 1 – April 30.

4. A parent may decline to have a child assessed at the time of enrollment at the provider through the SSIS. A provider participating in child assessment will assess only those children whose parents have not declined assessment.

5. A provider is not eligible to receive the differential if the provider:

a. Is currently on a Quality Improvement Plan pursuant to Rule 6M-4.740, F.A.C.;

b. Contracts for the SR program at a time that does not allow for the completion of three (3) assessment period in the contract year; or

c. Does not comply with this subsection.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.79 FS. Law Implemented 1002.82(2)(c), 1002.82(2)(f)1.a.(III), 1002.82(2)(k), (o), (p), 1002.87(8), (9) FS. History–New 2-2-05, Formerly 60BB-4.500, Amended 1-1-15, 5-28-17, 6-23-19, 6-14-22, 5-13-25, 6-17-26.

Fla. Admin. Code R. 6M-4.501 Reimbursement During Emergency Closures

(1) Each coalition shall maintain a Continuation of Operations Plan (C.O.O.P.) to be used in the event of emergency closings due to catastrophic events. Providers shall be reimbursed at the rate normally received during non-emergency hours when a coalition activates its Continuation of Operations Plan (C.O.O.P.).

(2) The coalition may consider reimbursement, in accordance with Federal and State law, for circumstances of temporary closure for individual providers when closure is beyond the control of the provider or the closure is caused by emergency circumstances, including but not limited to the declaration of a state of emergency by federal, state, or local officials, or the closure of public schools in the area in which the provider is located. In no circumstances may a coalition reimburse in excess of the pre-existing approved hours for an individual child during the temporary closure.

History

• Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.82(2)(c), 1002.82(2)(f)1.a.(III), 1002.82(2)(p) FS. History–New 2-2-05, Formerly 60BB-4.501, Amended 1-1-15.

Fla. Admin. Code R. 6M-4.502 Records to be Maintained and Monitoring for Reimbursements

History

• Rulemaking Authority 1001.213(2), 1002.82(2)(f)1.a.(III) FS. Law Implemented 1002.82(2)(f)1.a.(III), 1002.82(2)(p), 1002.84(10) FS. History–New 2-2-05, Formerly 60BB-4.502, Repealed 1-1-15.

Fla. Admin. Code R. 6M-4.503 Misrepresentation or Fraud Regarding Reimbursement

History

• Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d)4.a. FS. History–New 2-2-05, Formerly 60BB-4.503, Repealed 7-31-14.

Fla. Admin. Code R. 6M-4.610 Statewide Provider Contract for the School Readiness Program

(1) General Provisions.

(a) Forms.

1. The State of Florida Statewide School Readiness (SR) Provider Contract, Form DEL-SR 20 with exhibits 1 through 7 (July 2023), is hereby adopted and incorporated by reference. Form DEL-SR 20L entitled “State of Florida Statewide School Readiness Provider Contract Licensed Provider Responsibilities” (July 2023), Form DEL-SR 20LE entitled “State of Florida Statewide School Readiness Provider Contract License Exempt Provider Responsibilities” (July 2023), Form DEL-SR 20FFN entitled “State of Florida Statewide School Readiness Provider Contract Informal Provider Responsibilities” (July 2023), and Form DEL-SR 20A entitled “State of Florida Amendment to the Statewide School Readiness Provider Contract” (July 2023), are hereby adopted and incorporated by reference. A copy of Forms DEL-SR 20 including exhibits 1 through 7, DEL-SR 20A, DEL-SR 20FFN, DEL-SR 20LE, and DEL-SR 20L may be obtained at https://www.fldoe.org/schools/early-learning/providers/adopted-forms from the Division of Early Learning. The incorporated forms are also available at http://flrules.org/Gateway/reference.asp?No=Ref-15178.

2. The State of Florida Statewide School Readiness Provider Contract, Form DEL-SR 20 with exhibits 1 through 7 (July 2026), is hereby adopted and incorporated by reference. Form DEL-SR 20L entitled “State of Florida Statewide School Readiness Provider Contract Licensed Provider Responsibilities” (July 2026), Form DEL-SR 20LE entitled “State of Florida Statewide School Readiness Provider Contract License Exempt Provider Responsibilities” (July 2026), Form DEL-SR 20FFN entitled “State of Florida Statewide School Readiness Provider Contract Informal Provider Responsibilities” (July 2026), and Form DEL-SR 20A entitled “State of Florida Amendment to the Statewide School Readiness Provider Contract” (July 2026), are hereby adopted and incorporated by reference. A copy of Forms DEL-SR 20 including exhibits 1 through 7, DEL-SR 20A, DEL-SR 20FFN, DEL-SR 20LE, and DEL-SR 20L may be obtained at https://www.fldoe.org/schools/early-learning/providers/adopted-forms or from the Division of Early Learning. The incorporated forms are also available at https://flrules.org/Gateway/reference.asp?No=Ref-19027.

(b) To request participation in the SR Program, a provider must complete a copy of the Statewide School Readiness Provider Contract, and the appropriate provider responsibility form, and submit all required documentation as indicated in the Statewide School Readiness Provider Contract to the early learning coalition under which the provider will operate. Providers shall register and execute the contract using the single statewide information system.

(c) All forms referenced in subparagraph (1)(a)1. in this rule, must be used by the early learning coalitions to enter into provider contracts with an end effective date of June 30, 2026. All forms referenced in subparagraph (1)(a)2. in this rule, must be used by the early learning coalitions to enter into provider contracts with a beginning effective date of July 1, 2026 and all dates thereafter until a new contract form is subsequently adopted. All SR providers that register to offer the SR Program must execute Form DEL-SR-20 including exhibits, and Form DEL-SR 20FFN, DEL-SR 20LE, or DEL-SR 20L for the appropriate contract year.

(d) The Statewide School Readiness Provider Contract will be in effect for the fiscal year in which the contract is effective. A school district may sign a single Statewide School Readiness Provider Contract on behalf of all public schools in the district offering the SR Program. The owner, officer, principal, or other authorized representative of multiple private child care providers may sign a single Statewide School Readiness Provider Contract on behalf of all of his or her private providers within an early learning coalition service area in which the providers operate.

(e) Early learning coalitions must keep the original fully executed Statewide School Readiness Provider Contract in the coalition’s records for each SR provider. Coalitions must execute and retain this contract electronically in compliance with Section 668.50, F.S., the Uniform Electronic Transaction Act.

(f) Neither an early learning coalition nor an SR provider may omit, supplement, or amend the terms and conditions of the Statewide School Readiness Provider Contract, except for those amendments made with the execution of Form DEL-SR 20A as appropriate for the contract year. Neither a coalition nor a provider may include any attachments, addenda, or exhibits to the Statewide School Readiness Provider Contract except the exhibits set forth in Form DEL-SR 20, Form DEL-SR 20L, Form DEL-SR 20LE, Form DEL-SR 20FFN, or Form DEL-SR 20A as appropriate for the contract year.

(2) Inspections.

(a) Upon the effective date of this rule, and annually thereafter, all participating School Readiness Program providers must receive an inspection to determine compliance with the health and safety requirements of Section 1002.88, F.S., and minimum standards adopted under Rule 6M-4.620, F.A.C. Annual inspections must be conducted by the Department of Children and Families (the department) or local licensing agency, whichever is applicable, be unannounced, and take place within the contract year at a time as scheduled by the department or local licensing agency.

(b) For all new providers that are not regulated by the department or local licensing agency that request participation in the SR Program and have not previously provided SR Program services or have had a one year lapse in providing SR Program services, a fully compliant pre-contractual health and safety inspection must be conducted prior to the execution of a Statewide School Readiness Provider Contract. Upon determination by the early learning coalition that a provider is eligible to participate in the SR Program, the coalition must complete and execute the Statewide School Readiness Provider Contract with the provider.

(c) For new SR Program providers that are currently regulated by the department or local licensing agency, an inspection conducted by the department or local licensing agency within four (4) months for center-based programs and six (6) months for family child care homes prior to the execution of the Statewide School Readiness Provider Contract will be sufficient to meet the pre-contractual health and safety inspection requirement. However, prior to execution of an initial Statewide School Readiness Provider Contract a provider must not have any outstanding violations or issues of noncompliance pending from their most recent inspection. Upon determination by the coalition that a provider is eligible to participate in the SR Program, the coalition must complete and execute the Statewide School Readiness Provider Contract with the provider.

(3) School Readiness Provider Ineligibility. For the purpose of this subsection, “individual associated with a provider” means an individual or family member of an individual who, regardless of compensation, holds a management position, oversees the operations of a provider, or is an officer, shareholder, beneficial owner, or member of the board of directors of a provider. A provider will not be eligible to contract to offer the SR program if any of the following circumstances apply:

(a) The early learning coalition may refuse to contract with a SR provider or revoke a SR provider’s eligibility to deliver the School Readiness Program if the provider has been cited for a Class I violation by the department or local licensing agency, as applicable, in accordance with Rule 6M-4.620, 65C-22.010, or 65C-20.012, F.A.C. (as applicable to the provider type). Action taken by the coalition to revoke a provider’s eligibility must be consistent with Section 1002.88(2)(a) and (b), F.S., in that the revocation is for a period of five (5) years. If the coalition chooses to implement this provision the coalition must develop policies and procedures, in accordance with Form DEL-SR 115, as incorporated by reference in Rule 6M-9.115, F.A.C., to ensure the standard is applied consistently to all potential and current SR program providers. Each coalition must:

1. Develop policy and procedures that are written and made available to all providers or potential providers.

2. Document all actions taken by the coalition to remove a SR provider from the program or revoke a provider’s eligibility.

3. Ensure providers are offered due process as described in Exhibit 7 of Form DEL-SR 20.

(b) The provider is on the United States Department of Agriculture National Disqualified List;

(c) An individual associated with the provider was, or is, associated with another provider that is on the United States Department of Agriculture National Disqualified List;

(d) The provider has been terminated from participation in the SR program due to fraud and is currently not eligible to participate in the program;

(e) An individual associated with the provider was, or is, associated with another provider that has been terminated from participation in the SR program due to fraud and is currently not eligible to participate in the program;

(f) The provider is currently ineligible to participate in the SR program pursuant to Section 1002.88(2), F.S.

(g) An individual associated with the provider was, or is, associated with another provider that is currently ineligible to participate in the SR program pursuant to Section 1002.88(2), F.S.

(4) Transfer of Ownership. In the event of a change of ownership, sale, sale of assets, conveyance of ownership, or other transfer of ownership interest, the SR provider must notify the early learning coalition no later than thirty (30) calendar days prior to the transfer of ownership. The coalition and the new owner must execute a new contract for SR services, provided the new owner meets the eligibility requirements set forth in subsection (2) of this rule, and Section 1002.88, F.S., and is not disqualified from contracting pursuant to subsection (3) of this rule. Upon a request to contract due to a transfer of ownership, the coalition will have up to thirty (30) calendar days to execute or decline the contract. This timeline may be extended if all prerequisite requirements have not been met.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.82(2)(m) FS. Law Implemented 1002.82(2)(m), (8), 1002.82, 1002.84(9), (11), (16), (18), 1002.85(2)(g), 1002.87(2), 1002.88, 1002.91, 1002.97(3) FS. History–New 2-18-15, Amended 12-18-16, 11-29-18, 12-17-19, 4-15-21, 3-20-22, 2-21-23, 2-24-26.

Fla. Admin. Code R. 6M-4.620 Health and Safety for School Readiness Providers

(1) Contracted Providers. A child care provider contracted to provide School Readiness services pursuant to Rule 6M-4.610, F.A.C., must comply with the health and safety standards, as applicable to its provider type, contained in Form DEL-SR6200A, School Readiness Program Health and Safety Standards Handbook (the Handbook) effective September 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15921) , and Form DEL-SR6200B, School Readiness Program Health and Safety Checklist (the Checklist) effective September 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15922). The Handbook and the Checklist are incorporated by reference and available on the Division of Early Learning (DEL) website at www.floridaearlylearning.com or by contacting the DEL, Department of Education, 325 West Gaines Street, Tallahassee, Florida. The incorporated forms are also available at (insert link) or (insert link).

(2) Inspections.

(a) All School Readiness providers must address basic health and safety of their program(s) and facilities and allow the Department of Children and Families (DCF) or local licensing agency (LLA), whichever is applicable, the ability to inspect all program premises, including access to facilities, personnel, and records, to monitor and verify compliance with School Readiness health, safety, and training standards, pursuant to Sections 402.311(2) and 1002.82(2)(i), F.S.

(b) Prior to participation in the School Readiness Program, and annually thereafter, each School Readiness Program facility must be inspected for compliance with the requirements of DCF Rules 65C-20.008 and 65C-20.012 or Rules 65C-22.001, 65C-22.007, 65C-22.008, and 65C-22.010, F.A.C. (as applicable); Section 1002.88, F.S.; the Handbook; and the Checklist. DCF’s health and safety requirements per provider type are specified in section 2.1 of the Handbook. Annual inspections will be unannounced and take place within the year at a time determined by the DCF or LLA (as applicable). The process for such inspections can be found in the Handbook incorporated in this rule.

(c) A School Readiness provider that is a registered family day care home or is not subject to licensure or registration by the DCF or LLA must post the results of its most recent health and safety checklist inspection, as verified by the DCF or LLA (as applicable), in a conspicuous location easily accessible to parents within seven (7) days of receipt. Providers must also submit a copy of the results to their local early learning coalition.

(d) A School Readiness child development program with national accreditation that operates on a military installation must submit to the appropriate early learning coalition a verified annual inspection from the United States Department of Defense pursuant to Section 1002.88, F.S., to satisfy inspection requirements.

(3) Enforcement. Any issue of noncompliance with the standards outlined in the Handbook and the Checklist, as identified by the DCF or LLA (as applicable), will be forwarded to the appropriate early learning coalition for corrective action, probation, or termination, in accordance with enforcement procedures outlined in the Handbook and the Statewide School Readiness Provider Contract for the School Readiness Program; incorporated in Rule 6M-4.610, F.A.C.

(4) Compliance. School Readiness providers must be in compliance with all health and safety requirements of this rule to execute and maintain a Statewide School Readiness Provider Contract.

History

• Rulemaking Authority 1001.02(2)(n), 1002.82(2)(i), (w)-(z), FS. Law Implemented 1002.82(2)(i), (w)-(z), 1002.88(1)(c)-(e), (j), (k) FS. History–New 7-1-14, Amended 10-24-16, 2-16-17, 9-26-23.

Fla. Admin. Code R. 6M-4.630 Statewide Provider Contract Monitoring Tool for the School Readiness Program

(1) The Statewide School Readiness Provider Contracting Monitoring Tool, Form DEL-SR 20M, with Attachment A through D (September 2021) is hereby adopted and incorporated by reference. A copy of Form DEL-SR 20M including Attachments A-D may be obtained at http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance.aspx or from the Division of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399. The incorporated forms are also available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-13429.

(2) All school readiness providers shall be monitored by a coalition using Form DEL-SR-20M. This contract monitoring tool shall also be used by a coalition to monitor a school readiness program provider in response to a parental complaint. For parental complaints, the coalition shall utilize the criteria in the monitoring tool category that relates to the complaint and may monitor additional categories if the coalition deems additional review is appropriate. An early learning coalition may execute and retain this Contract Monitoring Tool electronically in compliance with Section 668.50, F.S.

(3) A coalition’s school readiness provider program monitoring plan shall include identifying timelines for annual monitoring of school readiness program providers, documented sample size based on the total of all school readiness providers, regardless of provider type, that adheres to the DEL minimum annual sample size guidelines found in Attachment B of Form DEL-SR 20M, corrective action plan requirements and resolutions, and additional processes to facilitate program compliance. All amendments of the coalition’s school readiness provider program monitoring plan shall be submitted to the Division of Early Learning prior to execution of that plan in accordance with Rule 6M-9.115, F.A.C.

(4) Neither a coalition nor its designated school readiness sub-recipient may omit, supplement, or amend the monitoring criteria identified in the Statewide School Readiness Provider Contract Monitoring Tool. Neither a coalition nor its designated school readiness sub-recipient may include any attachments, addenda, or exhibits to the Statewide School Readiness Provider Contract Monitoring Tool.

History

• Rulemaking Authority 1001.02, 1002.82(2)(q) FS. Law Implemented 1002.82(2)(q), 1002.84 (15), 1002.85(2)(h) FS. History–New 7-1-15, Amended 3-20-17, 6-25-19, 8-13-20, 10-3-21.

Fla. Admin. Code R. 6M-4.700 Child Performance Standards for the School Readiness (SR) Program

(1) Florida’s Office of Early Learning hereby adopts the Florida Early Learning and Developmental Standards: Birth to Kindergarten, Form OEL-SR 15 (October 2017), as the child performance standards for use in the School Readiness program.

(2) The standards incorporated in the Florida Early Learning and Developmental Standards: Birth to Kindergarten, Form OEL-SR 15 (October 2017), https://www.flrules.org/Gateway/reference.asp?No=Ref-08829, is hereby incorporated by reference. Documents incorporated by reference may be obtained from Florida’s Office of Early Learning at the following address: 250 Marriott Drive, Tallahassee, Florida 32399, (866)357-3239, TTY/Florida Relay 711, and at the Internet website: http://www.floridaearlylearning.com.

History

• Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.82(2)(j), 1002.83(13), 1002.84(1) FS. History–New 11-15-12, Amended 12-28-17.

Fla. Admin. Code R. 6M-4.710 School Readiness Program Curricula

The specifications, policies and procedures for the School Readiness curriculum approval process are contained in the following documents: Form OEL-SR-7101, “Florida School Rediness Program: Policies and Procedures for Curriculum Approval” (June 2018), Form OEL-SR-7102, “Florida School Readiness Program: Curriculum Approval Specifications” (June 2018), Form OEL-SR-7103, “Florida School Readiness Program: Curriculum Committee Member Agreement” (June 2018), Form OEL-SR-7104, “Florida School Readiness Program: Curriculum Application and Self-Assessment” (June 2018), Form OEL-SR-7104B, “Florida School Readiness Program: Curriculum Application for Minimal Revisions” (April 2018), Form OEL-SR-7105, “Florida School Readiness Program: Curriculum Application and Self-Assessment Reconsideration” (June 2018), Form OEL-SR-7106, “Florida School Readiness Program: Curriculum Evaluation Scoring” (June 2018), Form OEL-SR-7106B, “Florida School Readiness Program: Curriculum Scoring Summary Report” (June 2018), Form OEL-SR-7107, “Florida School Readiness Program: Curriculum Evaluation Reconsideration” (June 2018). Forms OEL-SR-7101 through Forms OEL-SR-7107 are hereby incorporated by reference. Copies of all forms may be obtained on the Office of Early Learning website at www.floridaearlylearning.com or by contacting the Office of Early Learning, Department of Education, 250 Marriott Drive, Tallahassee, Florida 32399. The incorporated forms are also available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-09400.

History

• Rulemaking Authority 1001.213(2), 1002.82(2)(l) FS. Law Implemented 1002.82(2)(l) FS. History–New 11-15-12, Amended 6-3-14, 6-14-18.

Fla. Admin. Code R. 6M-4.720 Screening of Children in the School Readiness Program

(1) Definitions. As used in this rule:

(a) “Concerns” means a child’s scoring below established thresholds or age-appropriate levels suggested by the authors of a screening instrument.

(b) “Intervention practices” means the action taken subsequent to a child demonstrating concerns based on screening results.

(c) “Screener” means the individual responsible for conducting the developmental screening for each child.

(d) “Screening” means activities appropriate to a child’s age to identify children who may have concerns and who may need early intervention practices as supports.

(e) “Screening Start Date” is the date of the child’s enrollment into the School Readiness (SR) Program for parents or the child’s first attendance at the School Readiness (SR) Program for providers after initial eligibility determination or after the annual redetermination date as described in Rule 6M-4.200, F.A.C. Notwithstanding the preceding, the provider’s screening start date begins after the parent’s timeframe to complete the screening has ended.

(2) Screening Process. Each early learning coalition must coordinate with parents and providers to complete an annual developmental screening for each child aged six (6) weeks to sixty (60) months who attends an SR provider. The parent of such a child may consent or decline the screening within the single statewide information system (SSIS).

(a) Upon parental consent, children must be screened using the screening instrument available through the SSIS and all required data must be entered into the SSIS by one of the following:

1. The parent within twenty (20) calendar days after the screening start date for parents. The early learning coalition must make staff persons available to assist parents during the screening, if requested.

2. The SR provider within forty-five (45) calendar days after the screening start date for providers, excluding state-observed holidays. The early learning coalition must provide electronic notice of each child the provider is to screen no later than 15 calendar days after each child’s screening start date for providers. At a minimum, notification must include the screening start date for providers, the screening due date, and each child’s name and date of birth. If a child transfers to a different SR provider, the early learning coalition must determine if the child has been screened in accordance with this subsection.

(b) This rule is not intended to limit the number of screenings offered to a child attending an SR provider.

(3) Screening Results. Screening results must be available to each parent no later than 15 calendar days after the screening due date. Each early learning coalition must provide or require the SR provider to provide screening results with concerns in writing to each child’s parent. An early learning coalition must make staff persons available to explain screening results, if requested by a parent.

(4) Exceptions. Children meeting one of the following are exempt from the screening requirement:

(a) A child who was screened in a program other than the SR Program within the preceding 12-month period and whose scores were shared with the early learning coalition by the due date established in subsection (2); or

(b) A child who is receiving services in accordance with an Individualized Family Support Plan (IFSP) or Individual Educational Plan (IEP), if the plan was developed or reviewed in the last 12 months by a school district, early intervention program, or other state agency that provides special education and related services, and shared with the early learning coalition by the due date established in subsection (2).

(5) Early Identification and Referral.

(a) Each early learning coalition must initiate intervention practices no later than 30 calendar days after screening results are made available in accordance with subsection (3) and provide such data to the Florida Department of Education Division of Early Learning upon request. The intervention practices must include:

1. Concern analysis. The coalition must develop priorities, goals, and an action plan in collaboration with the provider to address the identified concerns. An example includes a documented description of the steps the provider and or family will take to address each concern.

2. Intervention implementation. The coalition must implement interventions practices when there are areas of concern. Examples include coaching for the provider on making program accommodations and providing parent and teacher education.

3. Plan evaluation. The coalition must follow up to assess the intervention services provided. Examples include a review of the action steps to determine if revision to the analysis is necessary, if sufficient gains are made, or if a referral to other early intervention services or specialized care is needed.

4. Referrals to early intervention services or specialized care, if applicable. Each early learning coalition or SR provider, as appropriate, must notify in writing the parent of a child who receives a referral. The notification must include, at a minimum, areas identified through the screening that are of concern and local contact information for the appropriate referral agency. Each early learning coalition must offer to contact the appropriate referral agency. Either the coalition or SR provider must document the parent’s choice of “yes” or “no” indicating the choice regarding receipt of additional help, the name of the parent, the date, and the child’s name.

(b) A coalition must document intervention practices or referrals declined by a parent and inform the provider of the same.

History

• Rulemaking Authority 1001.02 FS. Law Implemented 1002.84(5) FS. History–New 11-15-12, Amended 10-3-21, 3-26-26.

Fla. Admin. Code R. 6M-4.735 Early Learning Professional Development Standards and Career Pathways

(1) Definitions.

(a) “Career Pathway” is a progression of professional development and training which may include non-credit and credit coursework. Career Pathways address professional educator standards and competencies.

(b) “Credential” is an official designation that identifies an individual’s professional education status or educational qualifications or competencies in a specific field or subject area.

(c) “Florida Early Care and Education Professional Development Registry or Registry” is a database or the process used by the Florida Department of Children and Families (DCF) to track or recognize the progression of completed professional development coursework and trainings of teachers and directors working in child care programs.

(d) “Florida’s Standards and Key Competencies or Competencies” identifies the core knowledge and skills that a School Readiness teacher or director should know and be able to do in order to provide a quality early learning environment.

(e) “Formal Career Pathway” is a sequence of professional development coursework required for an academic degree from an accredited college or university.

(f) “Informal Career Pathway” is a sequence of professional development coursework or in-service trainings taken through the Registry or Registry approved training entity. Coursework and training in the informal career pathway does not lead to an academic degree from an accredited college or university.

(g) “Micro-credential” is a short sequence of training or professional development that leads to mastery in a certain topic, subject or competency, and may stack onto other credentials.

(h) “Professional Development” is a continuum of continuing education opportunities available for teachers and directors designed to increase and strengthen the knowledge, skills, practices, and dispositions needed for School Readiness programs.

(i) “Professional Development Designation or Designation” identifies the professional development status or credentials earned along a career pathway.

(j) “Specialization” is a sequence of coursework or training focused on specific topics such as infant-toddler, trauma informed care, inclusion, etc. Specializations can be formal or informal.

(k) “Stackable Credential” is a credential that builds upon prior education or professional development to increase competencies for teachers and directors.

(2) Career pathways. A School Readiness, child care, or VPK Program teacher, director, or other support staff serving children birth to school age may enter a formal or informal career pathway recognized by the Registry upon completion of core training requirements. The requirements for each career pathway are outlined in Form DEL-SR 735, Early Learning Professional Development Standards and Career Pathways Handbook (June 2022), hereby incorporated by reference and may be obtained at the Division website at www.floridaearlylearning.com or by contacting the Division of Early Learning, Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400. The incorporated form is also available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14268.

(a) Core training requirements include satisfactory completion of the following courses through the Registry:

1. Florida Early Learning and Developmental Standards

2. Florida Core Competencies for Early Childhood Educators

3. Trauma-Informed Care for Child Care Professionals

(b) The informal career pathway includes completion of the core training requirements, foundational child care trainings offered through the Registry and attainment of a Florida Staff Credential or its equivalent as recognized by the Florida Department of Children and Families (DCF). Completion of an OEL approved specialization may also be included within the informal pathway.

(c) The formal career pathway includes completion of the core training requirements, foundational child care trainings offered through the Registry and attainment of an associate degree or higher from an accredited institution in an educational field accepted by DCF.

(d) Individuals with a DCF approved educational exemption for foundational child care trainings are eligible to complete an informal or formal career pathway.

(e) A School Readiness, child care, or VPK Program teacher, director, or other support staff serving children birth to school age can earn a professional development designation as an early childhood educator or after-school educator on a career pathway once the teacher or director has successfully completed or attained a credential or academic degree outlined in Form DEL-SR 735, Early Learning Professional Development Standards and Career Pathways Handbook (June 2022). Designations are limited to early childhood educator (ECE) I through III or after-school educator (ASE) I through III. Early childhood and after school educator designations are for individuals working with children from birth to kindergarten entry or birth to school age.

(3) Stackable credentials. A School Readiness, child care, or VPK Program teacher, director, or other support staff serving children birth to school age designated as an early childhood educator I through III (ECE I, ECE II, or ECE III), or an after-school educator I through III (ASE I, ASE II, or ASE III) can complete an identified credential(s) or Registry recognized micro-credential which may be stacked to earn a formal or informal specialization. Educators with a designation may stack multiple identified credentials or Registry recognized micro-credentials to earn a specialization.

(4) Micro-credentials. A School Readiness, child care, or VPK Program teacher, director, or other support staff serving children birth to school age may complete a micro-credential in any of the topics outlined in Form DEL-SR 735 and are not limited to a single micro-credential. Educators shall submit documented proof of a completed micro-credential to the Registry for recognition. Micro-credentials recognized by the Registry can be added to the teacher’s or director’s Registry record at any time and will not expire.

(5) Specializations. A School Readiness, child care, or VPK Program teacher, director, or other support staff serving children birth to school age may complete a specialization in any of the topics outlined in Form DEL-SR 735. Individuals are not limited to a single specialization. Educators shall submit documented proof of completed professional development or earned micro-credential to the Registry for specialization recognition. The Registry shall verify that documentation submitted is valid and meets subject matter and educational institution requirements outlined in Form DEL-SR 735. Informal or formal specializations recognized by the Registry can be added to the teacher’s or director’s Registry record at any time and will not expire.

History

• Rulemaking Authority 1001.213(2), 1002.995(3) FS. Law Implemented 1002.995 FS. History‒New 8-13-20, Amended 6-14-22.

Fla. Admin. Code R. 6M-4.740 Program Assessment Requirements for the School Readiness Program

(1) Definitions. The following definitions are applicable to all rules under Chapter 6M-4, F.A.C.

(a) “Care Level” means the age of the majority (51% or more) of enrolled children in a classroom. Three care levels are used to meet the required observation quota: Infant (ages 0-18 months), Toddler (ages 19-35 months), and Pre-K (ages 36 months-kindergarten entry.)

(b) “Classroom” means any well-defined room in which care is provided or classes are held, or a room arranged with materials and equipment and set up as a learning space with intent to implement a plan of activities for the School Readiness program. The classroom provides a space where learning can take place uninterrupted by outside distractions. If floor to ceiling walls are not present, the classroom walls must be defined by stable barriers, and must adhere to the requirements for such barriers as established in Forms OEL-SR-6202, OEL-SR-6204, and OEL-SR-6206, incorporated by reference in Rule 6M-4.620, F.A.C. Any classroom that is eligible to receive a School Readiness child enrollment at any time is considered a classroom under this definition. Any classroom that serves children in the School Readiness program for less than two (2) consecutive hours a day is not considered a classroom under this definition.

(c) “Composite Classroom” means a School Readiness provider classroom randomly selected through the DEL-defined system to meet the composite score calculation requirements of 50% of classrooms at each care level served by the provider. Observations conducted in Voluntary Prekindergarten (VPK) classrooms within VPK program hours are not subject to random classroom selection and may be used to calculate the Composite Program Assessment Score for the School Readiness program in accordance with paragraph 6M-8.621(5)(b), F.A.C.

(d) “Composite Program Assessment Score” means an average of all DEL-adopted program assessment dimension scores, omitting the negative climate score, if included in the tool.

(e) “Contract Minimum Threshold” means the minimum score required by Section 1002.82(2)(n), F.S., and defined in subsection (2) of this rule, that a provider must achieve on a program assessment to be eligible to contract for the School Readiness program.

(f) “Early Learning Coalition” or “coalition” means the entity charged with administering School Readiness program services pursuant to Sections 1002.83 and 1002.84, F.S. “Early Learning Coalition” or “coalition” includes applicable DEL contractors.

(g) “Negative Climate Score” means the measure of the level of expressed negativity shown by teachers and/or children in a classroom.

(h) “Observer” means a certified reliable observer for the age group of the classroom being observed, that meets the requirements of Form DEL-SR 740.

(i) “Personnel” means the director and all teachers entered into the DEL-defined system on the Class Roster and includes all instructional staff assigned to classrooms as lead and assistant teachers. Instructional staff does not include substitutes or others who fill in for an absent teacher or those who are temporarily in a classroom for a teacher break.

(j) “Program Assessment” means the assessment required by Section 1002.82(2)(n), F.S., that measures of the quality of teacher-child interactions, including responsive caregiving, emotional and behavioral support, engaged support for learning, classroom organization, and instructional support for children.

(k) “Quality Improvement Plan” means a targeted twelve (12) month plan to improve program quality using performance goals and strategies.

(l) “School Readiness Child Care Slots” means the number of birth to kindergarten entry School Readiness child care slots paid during a month of service.

(2) Program Assessment Requirements. All School Readiness providers serving children from birth to kindergarten entry must have a program assessment conducted and meet the Contract Minimum Threshold to be eligible to participate in the School Readiness program. School Readiness providers must receive a minimum Composite Program Assessment Score of 4.00 (rounding two decimals) to participate in the School Readiness program.

(a) A coalition shall waive the Contract Minimum Threshold if the coalition determines that a provider is essential to meet local child care capacity needs, as defined in the coalition’s School Readiness Plan required by Section 1002.85, F.S., and Rule 6M-9.115, F.A.C. Providers that have had the Contract Minimum Threshold waived must be on a Quality Improvement Plan.

(b) Form DEL-SR 740, Program Assessment Requirements Handbook, dated (November 2022), is hereby incorporated by reference and may be obtained at the Division website at www.floridaearlylearning.com or by contacting the Division of Early Learning, Department of Education, 325 West Gaines Street, Tallahassee, FL 32399. The incorporated form is also available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-14924.

(c) Providers must electronically report in the DEL-defined system a director, the number of classrooms, and teachers and care levels assigned to those classrooms, as outlined in Form DEL-SR 740, Program Assessment Requirements Handbook. Non-exempt providers, or exempt providers that have opted to participate in program assessment requirements pursuant to paragraph (3)(d) of this rule, must submit an updated monthly roster in the DEL-defined system.

(d) Providers must give consent in the DEL-defined system to coalition staff or a third-party contractor to administer a program assessment for each selected classroom.

(e) Providers that fail to comply with paragraphs (2)(c) and (d) of this rule will not have a program assessment conducted and will not be eligible for a contract to provide School Readiness services.

(f) Program assessments will be provided by the coalition annually.

1. Providers that have been determined ineligible to contract based on program assessment scores may request a second assessment that follow the guidelines in Form DEL-SR 740 and subparagraphs (2)(f)3. and 4. of this rule, and is conducted at the provider’s expense by an observer. The new Composite Program Assessment Score must meet the Contract Minimum Threshold for the provider to be eligible for a School Readiness Contract.

2. Providers currently on a Quality Improvement Plan who wish to have a program assessment to conclude their Quality Improvement Plan early may request a second assessment that follows the guidelines in Form DEL-SR 740 and subparagraphs (2)(f)3. and 4. of this rule. The assessment must be conducted at the provider’s expense by an observer to satisfy the requirements of the Quality Improvement Plan prior to the end of the twelve (12) month Quality Improvement Plan.

3. A single classroom will be reassessed and its classroom score will replace the previous classroom score to calculate a new Composite Program Assessment Score, if the teacher previously assessed is still actively teaching in the classroom being reassessed. If the previously assessed teacher is not active in the classroom and the newly assigned teacher is hired after the previous assessment was completed, the single classroom will be reassessed and its classroom score will replace the previous classroom score to calculate a new Composite Program Assessment Score. If the previously assessed teacher is not active in the classroom and the newly assigned teacher was moved from a different classroom, every classroom will be reassessed for the new classroom scores to replace the previous classroom scores.

4. If at the time of the provider’s request for a second program assessment there are less than 50% of the original classrooms in the program assessment baseline or teachers remaining active, new observations shall be made on the randomly selected rooms identified by the DEL-defined system. If the provider adds any new classrooms when its registration is reset, all classrooms selected by the DEL-defined system (50% by care level) must be observed for the second assessment.

(g) Coalitions shall notify providers of their Composite Program Assessment Score within fourteen (14) calendar days after the score is generated. Individual classroom scores and notes shall be provided to providers within fourteen (14) calendar days upon written request by the provider.

(h) Providers currently on a Quality Improvement Plan will have a program assessment completed within sixty (60) calendar days prior to the end of the twelve (12) month Quality Improvement Plan.

(i) For contracted School Readiness providers that score below the Contract Minimum Threshold, the coalition shall terminate the current contract and may revoke the provider’s eligibility for up to five (5) years pursuant to Section 1002.88(2)(a), F.S. The coalition will send written notice of termination to the provider at least thirty (30) calendar days before the termination date. If a current contract is set to expire less than thirty (30) calendar days from the termination date, the coalition shall provide immediate written notification to the provider. Written notification must include a reason and identify the contract revocation period.

(j) At the time of contracting, the coalition shall use a provider’s most recent Composite Program Assessment Score.

(3) Exemptions.

(a) Providers meeting one of the following shall be exempt from the annual program assessment requirement:

1. A provider has not been cited for one (1) Class I or more than three (3) of the same Class II School Readiness health and safety violations, as defined by rule of the Department of Children and Families or local licensing agency, as applicable, in the two-year period prior to contract execution and is a:

a. Child care center with 20 percent or less of all paid School Readiness child care slots out of the maximum capacity as defined in Forms OEL-SR-6202, OEL-SR-6204, and OEL-SR-6206, incorporated by reference in Rule 6M-4.620, F.A.C., or

b. Family child care homes with two or fewer of paid School Readiness child care slots out of the maximum capacity, as defined in Forms OEL-SR-6202, OEL-SR-6204, and OEL-SR-6206, incorporated by reference in Rule 6M-4.620, F.A.C.

2. Providers that offer only overnight School Readiness services.

(b) Providers will no longer be exempt under this paragraph if the provider is cited for disqualifying health and safety violations or if the provider’s paid School Readiness child care slots meet or exceed the enrollment threshold in paragraph (3)(a) of this rule, during the operating hours of 7:00 a.m. to 6:00 p.m., per its provider type. The coalition shall monitor a provider’s health and safety violations and paid School Readiness child care slots monthly, and, if the provider fails to meet the exemption requirements in paragraph (3)(a) of this rule, the coalition shall notify the provider of the loss of its exempt status within thirty (30) calendar days. To continue contracting for School Readiness services, the provider must receive a program assessment pursuant to subsection (2) of this rule within thirty (30) calendar days of notification.

(c) Providers that are determined to be no longer exempt under subsection (3) of this rule will permanently remain non-exempt and shall have a program assessment conducted annually.

(d) Exempt providers may opt to participate in program assessment requirements by submitting a request in writing to the coalition prior to contracting for the School Readiness program and after registering within the DEL-defined system, as outlined in Form DEL-SR 740. The coalition shall coordinate and complete a program assessment within sixty (60) calendar days of receipt of the request and provider registration within the DEL-defined system. A provider’s request to participate in a program assessment shall constitute a waiver of the exemption and subject the provider to all the requirements of this rule.

(e) If a school-age-only provider changes the current care levels served to include any children ages birth-kindergarten entry and does not require a new contract to be executed, that provider is exempt from program assessment requirements until the provider meets or exceeds the enrollment threshold in paragraph (3)(a) of this rule. Once this threshold is met or exceeded, the program assessment must be conducted in accordance with subsection (2) of this rule.

(4) Frequency.

(a) All School Readiness program providers shall receive an annual program assessment prior to executing a School Readiness Contract, unless the provider is determined exempt in accordance with this rule.

(b) In the event of a change where the provider is considered a new provider and must execute a new School Readiness Contract per subsection 6M-4.610(4), F.A.C., the provider may, within thirty (30) calendar days of contract execution, request to retain the most recent Composite Program Assessment Score without having to conduct a new assessment, if the provider can provide documentation to the coalition showing it has retained 80% of personnel listed in the DEL-defined system and there is no change in capacity or classrooms from when the previous assessment was conducted for the remainder of the contract term. Examples of acceptable documentation include current payroll time sheets and evidence in CARES of monitored personnel during the pre-contractual health and safety inspection, classroom rosters, or attendance documentation. The coalition shall determine if the provider meets the requirements of this paragraph.

(c) Providers that achieve a Composite Program Assessment Score of 5.00 or higher (rounded by two decimals) shall have the option for a program assessment to be conducted biennially. To continue to have assessments conducted biennially, providers shall not be cited for one (1) Class I or more than three (3) of the same Class II School Readiness health and safety violations, as defined by rule of the Department of Children and Families or local licensing agency, as applicable, during the biennial period and must retain 80% of personnel listed in the DEL-defined system for the remainder of the contract term.

(d) Beginning with the 2023-24 School Readiness Contract year, the biennial program assessment designation shall be discontinued. All eligible School Readiness providers that held a biennial program assessment designation prior to the 2023-24 School Readiness Contract year will be subject to annual program assessment requirements in accordance with this rule and must have an annual program assessment conducted prior to executing a 2024-25 School Readiness Contract.

(e) Program assessments conducted during participation in other quality initiatives that meet requirements defined in Form DEL-SR 740, Program Assessment Requirements Handbook, may be used for meeting Contract Minimum Threshold requirements, provided the assessment was conducted for the purpose of overall teacher/child interaction, the most recent Composite Program Assessment Score is used, and the assessment was conducted within the fiscal year applicable for contracting.

(5) Composite Program Assessment Score Calculation.

(a) 50% of the classrooms in every care level (ages infant-Pre-K) served by a provider must be assessed to determine the Composite Program Assessment Score.

1. If there is an odd number of classrooms in a care level, the required number of classrooms shall be rounded up.

(b) Composite Program Assessment Scores shall be calculated using the combined average of the dimension scores, excluding negative climate scores, from each selected composite classroom’s assessment.

1. All composite classrooms must be assessed before a calculation can be made to determine the final Composite Program Assessment Score.

2. After the dimension scores have been averaged, final Composite Program Assessment Scores will be rounded to two decimal places.

(6) Quality Improvement Plans. The Quality Improvement Plan will include performance goals and quality improvement strategies as provided for in Form DEL-SR 20, incorporated by reference in Rule 6M-4.610, F.A.C. Coalitions may choose quality improvement strategies as indicated in the coalition’s approved School Readiness Plan required by Section 1002.85, F.S., and Rule 6M-9.115, F.A.C., to develop Quality Improvement Plans for providers that need to increase program assessment scores.

(a) Providers that have not been determined essential to meeting child care capacity needs per subsection (2) of this rule and that have been on a Quality Improvement Plan for twelve (12) months and do not meet the Contract Minimum. Threshold at the next annual program assessment will have their School Readiness Contract terminated and may have their eligibility revoked for up to five (5) years by the coalition.

(b) The twelve (12) month Quality Improvement Plan period may extend beyond the contract year depending on its start date and is applied for purposes of executing a new contract.

(c) Providers that have been determined to be essential to meeting child care capacity needs per subsection (2) of this rule and have an active Quality Improvement Plan shall not have a Quality Improvement Plan for more than three (3) consecutive years. Providers that surpass this number will not be eligible to contract for the School Readiness program for a period of up to five (5) years as determined by the coalition.

History

• Rulemaking Authority 1001.02(2)(n), 1002.82(2)(n) FS. Law Implemented 1002.82(2)(n) FS. History–New 11-29-18, Amended 5-5-20, 4-15-21, 11-22-22.

Fla. Admin. Code R. 6M-4.741 Program Assessment Threshold Requirements for the School Readiness Program

History

• Rulemaking Authority 1001.213, 1002.82 FS. Law Implemented 1002.82(2)(n) FS. History–New 11-29-18, Amended 5-5-20, 4-15-21, Repealed 11-22-22.

Chapter 6M-8 DIVISION OF EARLY LEARNING - VOLUNTARY PREKINDERGARTEN PROGRAM

Fla. Admin. Code R. 6M-8.100 Definitions

As used in this chapter, the term:

(1) “Absence” means each instructional day that a child does not attend (is absent from) a VPK program.

(2) “Advance payment” is the process of a Voluntary Prekindergarten (VPK) provider choosing to receive an advance payment, prior to providing services, instead of a reimbursement for services rendered as described in subsection 6M-8.205(2), F.A.C.

(3) “Attendance” means an instructional day, either in whole or in part, that a child is present (or attends) a VPK program.

(4) “Coalition” means an early learning coalition created under Section 1002.83, F.S.

(5) “Enrollment” is the final step in the process of entering (or enrolling) a child in the VPK program. It means officially entering the child’s name in the statewide information system as a VPK student associated with a VPK provider.

(6) “Instructional day” means a calendar day that a VPK provider delivers scheduled instruction for the VPK program.

(7) “Instructional hour” means 60 minutes of instructional time that comprises planned activities or experiences implementing a curriculum that enhances a child’s progress in attaining the VPK performance standards adopted in Rule 6M-8.602, F.A.C.

(8) “Parent” has the same meaning as the term defined in Section 1000.21, F.S.

(9) “Program year” means the annual period beginning in one calendar year on the first day that a school-year program may begin instruction under subsection 6M-8.204(3), F.A.C., and ending in the next calendar year on the last day by which a summer program must complete instruction under subsection 6M-8.304(3), F.A.C. A program year is designated by the corresponding calendar years (e.g., 2014-2015, 2015-2016).

(10) “Provider on Probation” is a VPK private provider or public school whose readiness rate is below the minimum level established by the Office of Early Learning and incorporated in Rule 6M-8.601, F.A.C.

(11) “School-year program” means a school-year prekindergarten program consisting of 540 instructional hours delivered by a private provider under Section 1002.55, F.S., or by a public school under Section 1002.63, F.S.

(12) “Summer program” means a summer prekindergarten program consisting of 300 instructional hours delivered by a private provider or public school under Section 1002.61, F.S.

(13) “VPK class” means a private provider’s or public school’s prekindergarten class that includes a child in the VPK program.

(14) “VPK program” means the Voluntary Prekindergarten Education program created under Section 1002.53, F.S., and which is organized, designed, and delivered in accordance with Section 1(b) and (c), Article IX of the State Constitution.

(15) “VPK provider” means a provider delivering the VPK school-year program or summer program. There are two types of VPK providers: private prekindergarten providers as defined in Section 1002.51, F.S. and public schools.

(16) “VPK SIS provider” means a provider delivering the VPK specialized instructional services (SIS) program defined in Section 1002.66, F.S.

(17) “VPK site” means the permanent physical location where a private provider or public school delivers instruction for the VPK program.

History

• Rulemaking Authority 1001.213(2), 1002.79 FS. Law Implemented 1002.51, 1002.53(2), 1002.55(2), 1002.61(2)(a), 1002.63(2), 1002.67(4), 1002.71(2)(d), 1002.66, 1002.75(2)(a) FS. History–New 1-19-06, Amended 5-24-07, Formerly 60BB-8.100, Amended 3-29-15, 2-15-16.

Fla. Admin. Code R. 6M-8.200 Documenting Child Eligibility for the VPK Program

History

• Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.53(2), (3), (4), 1002.69(4), 1002.75(2)(a), 1003.01, 1003.21(1)(a)2. FS. History–New 1-19-06, Amended 5-24-07, Formerly 60BB-8.200, Repealed 1-1-15.

Fla. Admin. Code R. 6M-8.201 Child Enrollment Procedure for the Voluntary Prekindergarten (VPK) Education Program

(1) Child Registration. A parent wishing to register a child in the Voluntary Prekindergarten (VPK) Education Program must complete and submit Form DEL-VPK 01A (September 2023), Voluntary Prekindergarten (VPK) Education Program Child Application, through the single point of entry (known as the Family Portal) established under Section 1002.82, F.S., and available at the following web address: https://familyservices.floridaearlylearning.com. Form DEL-VPK 01A, is hereby incorporated by reference and a copy may be obtained at: (http://www.flrules.org/Gateway/reference.asp?No=Ref-15923).

(2) Documenting Eligibility. A parent will upload documentation to the Family Portal to prove each child’s eligibility. A child who resides in Florida and attains the age of 4 years old on or before September 1 of the program year is eligible to attend the VPK Program that program year. Additionally, a child who resides in Florida and attains the age of 4 between February 2 and September 1 may attend the VPK Program either that program year or the subsequent program year. A child cannot attend the VPK Program more than one program year unless granted a reenrollment under Rule 6M-8.210, F.A.C. A child is not eligible for the VPK Program once he or she has been admitted to kindergarten.

(a) Age Eligibility. The early learning coalition must determine if a child is eligible based on the age requirement in Section 1002.53, F.S., by accepting the following documents showing the child’s name and date of birth:

1. An original or certified copy of the child’s birth record filed according to law with the appropriate public officer;

2. An original or certified copy of the child’s certificate of baptism or other religious record of the child’s birth, accompanied by a notarized affidavit stating that the certificate is true and correct, sworn to or affirmed by the child’s parent;

3. An insurance policy on the child’s life which has been in force for at least two years;

4. A passport or certificate of the child’s arrival in the United States;

5. An immunization record signed by a public health officer or licensed practicing physician; or

6. A valid military dependent identification card or a federal or state government issued identification card.

7. If no supporting documents listed in subparagraphs (2)(a)1.-6. above are available, a coalition may accept a parent’s notarized affidavit of the child’s age accompanied by a letter on official letterhead signed by a public health officer or physician stating that the child’s age shown in the affidavit is true and correct.

(b) Residential Eligibility. To be eligible for the VPK Program, a child must reside in Florida. The early learning coalition must keep a record of at least one of the following supporting documents that shows the name and residential address of a parent with whom the child resides:

1. Utility (electric, gas, water), cable, internet, home or cellular phone bill dated within 12 months of the date the child application is submitted;

2. Pay stub dated within 12 months of the date the child application is submitted;

3. Residential rental agreement or receipt from rental payment dated within 12 months of the date the child application is submitted;

4. Government-issued document (for example, Florida driver’s license, Florida identification card, property tax assessment showing a homestead exemption);

5. Military order showing that the child’s parent is a service member in the United States Armed Forces and is assigned to duty in Florida when the child attends the VPK Program;

6. Federal government order showing that the child’s parent is a federal employee assigned to work in Florida when the child attends the VPK Program;

7. A Florida Migrant Education Program Certificate of Eligibility (COE) Form from the Florida Department of Education;

8. If no supporting documents listed in subparagraphs (2)(b)1.-7. above are available, a coalition may accept a notarized affidavit from the child’s parent accompanied by a letter from a landlord, property owner, or property leasee which confirms that the child resides at the address shown in the affidavit;

9. If no supporting documents listed in subparagraphs (2)(b)1.-8. above are available for a child who is experiencing homelessness as defined in Section 1003.01(12), F.S., a coalition must document residency based on other supporting documents showing that the child who is experiencing homelessness resides in Florida (for example, but not limited to, letter from a homeless shelter, homeless referral, student residency questionaire issued by the local school district or notarized statement from the child’s parent).

(c) Eligibility for VPK Specialized Instructional Services. Eligibility for VPK Specialized Instructional Services (VPK SIS) in lieu of a school-year or summer VPK program, requires that the child have a disability and a current individual educational plan (IEP) developed by the local school board or local education agency. The early learning coalition must keep a record of the child’s IEP, and ensure that the VPK Specialized Instructional Services sought are consistent with the child’s IEP. Rule 6M-8.500, F.A.C., sets forth the requirements for participation in VPK SIS.

(3) Early Learning Coalition Responsibilities.

(a) The coalition will review documentation submitted by the parent via the Family Portal to determine the eligibility of each child for the VPK Program and manage the eligibility process through the Family Portal.

(b) When the coalition has verified the eligibility of a child for the VPK Program, and the provider has enrolled the child in its VPK program, the coalition must complete the child’s enrollment in the statewide information system by recording an association between the child and the child’s VPK provider.

(c) The coalition must provide all parents enrolling a child in the VPK Program who contact the coalition with available information to help the parent make informed child care decisions. This information may be provided in person, by telephone or electronically and must include:

1. Information about the VPK Program and the different program types.

2. An early learning provider performance profile as described in Section 1002.92(3), F.S., for every VPK provider within the county where the child is being enrolled in accordance with Section 1002.53(5), F.S.

(d) The coalition must make available the use of technology at the coalition or contracted service provider to all parents who present themselves requesting assistance with completing the Voluntary Prekindergarten (VPK) Education Program Child Application on the Family Portal.

(4) Enrollment. A VPK provider may only enroll a child in the VPK Provider or VPK SIS after the early learning coalition determines that the child is eligible for the program. A VPK provider must collect Form DEL-VPK 02, Child Certificate of Eligibility (September 2023), or Form DEL-VPK 04, Certificate of Eligibility for Reenrollment (September 2023), incorporated by Rule 6M-8.210, F.A.C., from the child’s parent. Both forms are generated by the Family Portal after the coalition determines the child is eligible. A VPK provider will complete enrollment by entering the child’s enrollment information, including the VPK certificate number, in the Provider Portal for coalition review and approval. Upon request, the VPK provider shall complete the remainder of Form DEL-VPK 02, Child Certificate of Eligibility (September 2023) or Form DEL-VPK 04, Certificate of Eligibility for Reenrollment (September 2023) with the child’s parent, maintain a completed copy of the form, and submit verification of the completed form to the coalition to finalize the child’s enrollment with that VPK provider. Form DEL-VPK 02, is hereby incorporated by reference and a copy may be obtained at (http://www.flrules.org/Gateway/reference.asp?No=Ref-15924).

(a) For children enrolling in VPK SIS, parents, coalitions, and VPK SIS providers must adhere to the requirements in Rule 6M-8.500, F.A.C.

(b) A coalition must allow a VPK provider to enroll a child who resides in a Florida county other than the county where the provider’s VPK site is located. If the county listed on Form DEL-VPK 02 or Form DEL-VPK 04 is different than the county where services will be provided, the coalitions must coordinate to change the county of services on the child’s application in the Family Portal to the correct county (if the child has not yet attended the VPK Program). After eligibility for the VPK Program is determined by a coalition, no further resubmission or reverification of age and residential eligibility documentation is required.

(c) A VPK provider may only enroll a child with the coalition of the county where the provider’s VPK site is located, regardless of the county in which the child resides.

(d) A coalition, upon receipt of a completed Form DEL-VPK 02 or Form DEL-VPK 04, must complete a child’s enrollment in the statewide information system by recording an association between the child and the child’s selected VPK provider.

(e) For parents requesting to reenroll his or her child in the VPK Program parents, coalitions, and VPK providers must adhere to the requirements in Rule 6M-8.210, F.A.C.

History

• Rulemaking Authority 1001.02(1)(n), 1002.79 FS. Law Implemented 1002.53(4), (5), 1002.73(2)(d)1. FS. History–New 1-19-06, Amended 5-24-07, Formerly 60BB-8.201, Amended 1-1-15, 7-28-16, 3-20-17, 11-23-21, 9-26-23.

Fla. Admin. Code R. 6M-8.2011 Voluntary Prekindergarten Parent Guide

History

• Rulemaking Authority 1001.213(1), 1002.79 FS. Law Implemented 1002.75(2)(a) FS. History–New 11-15-12, Repealed 3-20-17.

Fla. Admin. Code R. 6M-8.2015 VPK Child Registration Pilot Project

History

• Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.53(2), (4), (5), 1002.75(2)(a), (b) FS. History–New 5-24-07, Formerly 60BB-8.2015, Repealed 1-1-15.

Fla. Admin. Code R. 6M-8.202 Child Eligibility Determination and Enrollment Procedures

History

• Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.53(2), 1002.75(2)(a) FS. History–New 1-19-06, Amended 5-24-07, Formerly 60BB-8.202, Repealed 1-1-15.

Fla. Admin. Code R. 6M-8.204 Uniform Attendance Policy for Funding the Voluntary Prekindergarten (VPK) Education Program.

(1) Attendance and Absences.

(a) For payment purposes, a VPK provider must report that a student attended all instructional hours offered for a day if the student attends any portion of the day.

(b) A VPK provider may not receive payment for absences that occur prior to the student’s first day of attendance or after the student’s last day of attendance.

(2) Monthly Payment and Final Reconciliation. Each early learning coalition must pay VPK providers monthly for each VPK classroom in accordance with this rule, unless a provider chooses to accept advance payments under Rule 6M-8.205, F.A.C. Early learning coalitions must make monthly payments by the last day of the month following the month for which the provider is receiving payment. Early learning coalitions must calculate and reconcile monthly classroom payments using the Division of Early Learning statewide information system.

(a) Monthly payments must be equal to the sum of the following calculation for each student who has attended the VPK class: the county’s allocation per full-time equivalent student (calculated in accordance with Section 1002.71(3)(b), F.S.) divided by the number of hours for the VPK program type (540 hours for school-year or 300 for summer) multiplied by the lesser of:

1. The sum of the hours within the month each student attends the VPK provider divided by .8; or

2. The hours the student is enrolled in the class for the month.

(b) The total program payment must be equal to the sum of the following calculation for each student who has attended the VPK class, except that the school district’s payment must be rounded in accordance with Section 1002.71(3)(d), F.S.: the county’s allocation per full-time equivalent student divided by the number of hours for the VPK program type (540 hours for school-year or 300 for summer) multiplied by the lesser of:

1. The sum of all hours the student attends the VPK provider divided by .8; or

2. The hours the student is enrolled with the VPK provider for the program type.

(c) If the sum of the monthly payments made to the VPK provider under paragraph (2)(a) is:

1. Less than the total program payment to the provider, the early learning coalition must make a final reconciliation payment to the provider equal to the total program payment minus the sum of the monthly payments.

2. Greater than the total program payment to the provider, the difference must be deemed an overpayment.

(d) If a VPK provider disputes the calculation of the total program payment based on inaccurate attendance or absence reporting or calculation, the provider must submit a request for an adjustment of a prior payment no later than the last day of the month following the calendar month in which it receives payment.

(3) Establishing VPK Class Schedules. To ensure that VPK providers receive accurate payment for a student’s attendance and absences when permissible under this rule, a provider must submit a VPK class schedule for each VPK class to its early learning coalition in the Provider Portal at the time the provider submits its class application. Providers are not eligible to receive payment for services provided outside the scheduled hours indicated on their approved VPK class schedule. A provider’s VPK class schedule must indicate the dates and times instructional hours are offered and:

(a) For school-year programs:

1. Comprise 540 total instructional hours for the program; and

2. Begin instruction on or after the uniform district start date established in Section 1001.42(4)(f)1., F.S., and complete instruction by June 30.

(b) For summer programs:

1. Comprise 300 instructional hours for the program; and

2. Begin instruction on or after May 1, per Section 1002.61(2)(b), F.S., and complete instruction before the date established in Section 1001.42(4)(f)1.

(4) Temporary Closures. A closure is temporary if the VPK provider or class resumes instruction following the closure.

(a) Temporary Closures Due to a Declared State of Emergency. A closure is due to a declared state of emergency when a federal, state, or county official for the area in which the VPK provider is located declares a state of emergency. Such closure must result in the complete closure of the provider’s physical location or the closure of one or more VPK classes.

1. A student is considered to have attended all VPK program hours offered during such closure for a combined total of five (5) instructional days, or the number of total days authorized by the Florida Department of Education (Department) if the provider submits the notification described in paragraph (5)(a). A provider may revise its class schedule to restore the VPK instructional days lost as a result of such closure instead of accepting payment for the closure.

2. For lost VPK instructional days exceeding five (5) or the number of total days authorized by the Department, a provider must revise its class schedule as described in paragraph (5)(b).

(b) A temporary closure not due to a declared state of emergency as described in paragraph (4)(a) is not payable.

(5) Modifying VPK Class Schedules Following a Temporary Closure.

(a) A provider may modify its schedule as frequently as necessary to restore VPK instructional days lost as a result of a temporary closure due to a declared state of emergency. No later than two (2) business days following resumption of VPK instruction, the provider must submit a resumption notification to the early learning coalition indicating the provider’s name and address, the VPK class(es) resuming instruction, the date(s) which each VPK class did not offer instruction as previously scheduled, and a revised class schedule which indicates the date(s) and times added to the schedule as revised to restore the hours lost as a result of the closure.

(b) When a closure is beyond the control of the VPK provider and is not due to a declared state of emergency or is a partial closure, a provider may modify its class schedule up to three (3) times. A provider must revise its class schedule to receive payment for VPK instructional days it restores following all other temporary closures.

1. On the provider’s first closure day and before the early learning coalition’s close of business, the provider must submit an initial notification indicating the provider’s name and address, the date(s) of the closure, the VPK class(es) affected by the closure, and, if available, an estimate of the date upon which the affected class(es) will resume instruction.

2. No later than two (2) business days following resumption of VPK instruction, the provider must submit a resumption notification as described in paragraph (5)(a).

(c) If a VPK provider fails to modify its class schedule, or provide timely written notification as required in this rule, the provider will forfeit the opportunity to revise its class schedule to restore the lost VPK instructional hours and will be ineligible to receive payment for those closures.

(6) Overpayment.

(a) If the early learning coalition determines that a VPK provider received payment in an amount greater than the amount earned by the provider, resulting in a negative reconciliation payment calculation, the coalition must make reasonable efforts to collect the overpayment from the provider. Reasonable efforts may include, but are not limited to, informing the provider of the full amount owed, making written requests for repayment, offering to negotiate a repayment schedule, or offsetting the overpayment against any future payments for early learning programs.

(b) If the early learning coalition is unable to arrange for collection of the overpayment within ninety (90) calendar days of determining that the VPK provider has received an overpayment, and after making a reasonable effort to collect the overpayment, as determined by the Department, the early learning coalition must provide all information necessary for the Department to act to collect the overpayment. The department retains the ability to require the coalition to make continued efforts toward recovery of the overpayment or to consider the overpayment to be a disallowed expenditure of the coalition.

History

• Rulemaking Authority 1001.02(2)(n), 1002.79 FS. Law Implemented 1002.71(6)(d) FS. History–New 8-17-06, Amended 5-24-07, 9-14-09, Formerly 60BB-8.204, Amended 4-30-24.

Fla. Admin. Code R. 6M-8.205 Advance Payment and Reconciliation for the Voluntary Prekindergarten Education Program

(1) Coalition Advance Payment. In order that early learning coalitions can make advance payments to Voluntary Prekindergarten Education (VPK) providers, during the first month of each fiscal year, contingent upon funding availability, the Florida’s Office of Early Learning (the Office) shall provide an advance payment to each early learning coalition. The coalition advance payment shall also be used to offset actual coalition expenditures and shall be fully offset or repaid prior to submission of the final invoice for the fiscal year. Each coalition advance payment shall be equal to the school-year base student allocation divided by twelve (12) multiplied by the highest monthly VPK program enrollment, as defined in Rule 6M-8.100, F.A.C., at the coalition during the previous fiscal year, however, the Office retains the discretion to increase or decrease the amount of the coalition advance payment based on student enrollment projections or availability of funds.

(2) Provider Advance Payments.

(a) A private VPK program provider or school district may choose to receive monthly advance payments for each VPK class instead of receiving payments in accordance with the Agency’s uniform attendance policy under Rule 6M-8.204, F.A.C. The private VPK provider or school district shall notify its early learning coalition in writing at the time the provider or district enters into a VPK Provider Agreement with the coalition regarding whether it has or has not chosen to receive advance payments for its VPK classes.

(b) Each early learning coalition shall make advance payments to its private VPK providers or school districts which have chosen to receive advance payments no later than the last day of the month prior to the month for which the private provider or school district is receiving an advance payment except that advance payments for the month of July shall be made no later than the tenth (10th) day of July.

(c) Private providers or school districts that choose to accept monthly advance payments shall receive an advance payment for each month of the VPK class, which shall be reconciled on a monthly basis against actual student attendance for the month, and may receive a final reconciliation payment following the conclusion of the VPK class instruction.

(3) Advance Payment Calculation.

(a) Each coalition shall calculate and reconcile the amount of each monthly advance payment using the statewide information system. Each monthly advance payment shall be equal to the sum of the number of instructional hours each student enrolled in the class is scheduled to attend in the month multiplied by ninety-five (95) percent of the class hourly rate unless the private provider or school district received excess advance payment or should receive an additional payment as described in paragraph (3)(b), of this rule. The class hourly rate shall be equal to the county’s allocation per child as calculated in accordance with Section 1002.71(3), F.S., divided by the total number of hours in the VPK program type (school-year or summer) being offered.

(b) At the conclusion of each month, each coalition shall reconcile the advance payments made to a private provider or school district in each previous month with the amount of payment the private provider or school district would have received for the month under Rule 6M-8.204, F.A.C., to determine if the private provider or school district has received an excess advance payment or should receive additional payment.

1. An excess advance payment is an advance payment for a month which exceeds the amount of payment the private provider or school district would have received under Rule 6M-8.204, F.A.C. If the private provider or school district receives an excess advance payment, the coalition shall reduce the next advance payment by the difference between the excess advance payment and the payment the private provider or school district would have received under Rule 6M-8.204, F.A.C. If the private provider or school district is not entitled to a subsequent advance payment, the difference shall be an overpayment.

2. An additional payment owed is an advance payment for a month which is less than the amount of payment the private provider or school district would have received under Rule 6M-8.204, F.A.C. If the private provider or school district is owed an additional payment, the coalition shall increase the private provider or school district’s next advance payment by the difference between the amount of payment the private provider or school district would have received under Rule 6M-8.204, F.A.C., and the amount of the advance payment. If the private provider or school district is not entitled to a subsequent advance payment, the coalition shall increase the final reconciliation payment by the difference.

(4) Final Reconciliation. At the conclusion of the VPK class, the coalition shall calculate the total amount of payment which should be made to the private VPK provider or school district for the class in accordance with Rule 6M-8.204, F.A.C. If the total amount of payment made for the VPK class is less than the total amount which should have been made based on Rule 6M-8.204, F.A.C., the coalition shall pay the difference to the private provider or school district as a final reconciliation payment. If the total amount of payment made for the VPK class is greater than the total amount which should have been made based on Rule 6M-8.204, F.A.C., the difference shall be an overpayment.

(5) Overpayment.

(a) If the coalition determines that a private VPK provider or school district received payment in an amount greater than the amount earned by the private provider or school district, resulting in a negative reconciliation payment calculation, the coalition shall make reasonable efforts to collect the overpayment. Reasonable efforts include but are not limited to informing the private provider or school district of the full amount owed, making written requests for repayment, offering to negotiate a repayment schedule, and offsetting the overpayment against any future payments for early learning programs.

(b) If the coalition is unable to arrange for collection of the overpayment within ninety (90) calendar days of determining that the private provider or school district has received an overpayment and after making a reasonable effort, as determined by the Office, the coalition shall provide all information necessary for the Office to act to collect the overpayment. The Office retains the ability to require the coalition to make continued efforts toward recovery of the overpayment or, if the coalition has failed to make reasonable efforts to recover the overpayment, to consider the overpayment to be a disallowed expenditure of the coalition.

History

• Rulemaking Authority 1001.213(1), 1002.75(2)(h), 1002.75(4), 1002.79 FS. Law Implemented 1002.71(5)(b), 1002.75(2)(h), 1002.75(4) FS. History–New 9-14-09, Formerly 60BB-8.205.

Fla. Admin. Code R. 6M-8.210 Reenrollment in the Voluntary Prekindergarten (VPK) Education Program

(1) General Reenrollment Conditions: “Reenrollment” means a child has attended a portion of the VPK instructional hours, withdraws from that VPK provider where the child had initially attended and enrolls with a new VPK provider. A VPK child may only reenroll as described in this rule.

(a) A child may only reenroll with a VPK provider during the program year(s) for which the child is eligible in accordance with Section 1002.53(2), F.S.

(b) A child cannot be enrolled simultaneously with multiple VPK providers.

(c) A child may reenroll only once in the VPK program unless the child is granted a reenrollment exemption as permitted by Section 1002.71(4), F.S.

(d) The following circumstances that occur before a VPK program’s scheduled instructional hours have completed do not constitute a reenrollment under this rule:

1. When the VPK provider that a child is attending is sold or transferred during the VPK program, and the new owner continues providing VPK services at the same physical location.

2. When a child’s VPK provider executes a new Statewide Provider Contract during the program year.

3. When the owner of a VPK provider moves the physical location and staff of the VPK program.

(2) Reenrollment for Good Cause. “Reenrollment for good cause” means a reenrollment within the same VPK program type (school-year or summer) during the same VPK program year. For funding purposes, a child who reenrolls under this subsection must not exceed one full-time equivalent (FTE) student, as defined by Section 1002.71(2), F.S. To qualify for this reenrollment, the child has attended a portion of the VPK program and has not previously reenrolled in the VPK program. The parent must submit a completed reenrollment request within the single statewide information system (SSIS).

(3) Reenrollment for Extreme Hardship. “Reenrollment for extreme hardship” means a reenrollment from a school-year VPK program to a summer VPK program for a circumstance that is beyond the child’s or parent’s control during the same VPK program year. For funding purposes, a child who reenrolls under this subsection may exceed one full-time equivalent (FTE) student, as defined by Section 1002.71(2), F.S. To qualify for this reenrollment, the child has attended a portion of the school-year VPK program, has not previously reenrolled in the VPK program and meets one of the circumstances for extreme hardship provided in this subsection. The parent must submit a completed reenrollment request within the single statewide information system (SSIS), including submission of the required supporting documentation evidencing extreme hardship:

(a) The illness of the child, a family member which the child’s parent is responsible for caring for, or the child’s parent, as documented in writing by a physician licensed under Chapters 458 or 459, F.S., if it would result in the child being absent for more than 30 percent of the number of hours in the program type in which the child is enrolled.

(b) Termination of the child’s VPK class as a result of the provider’s removal from eligibility to offer the VPK program, as documented by the early learning coalition.

(c) Parent’s inability to meet the basic needs of the child, including, but not limited to, a lack of food, shelter, clothing, or transportation, as documented in writing by a federal, state, or local governmental official.

(d) VPK provider’s inability to meet the child’s educational needs due to the child’s learning or developmental disability, as documented by a federal, state, or local governmental official.

(e) VPK provider’s inability to meet the child’s health needs, as documented by a physician licensed under Chapters 458 or 459, F.S., or a federal, state, or local governmental official.

(f) Displacement of the child from his or her place of residence, or closure of the child’s VPK provider as a result of a state of emergency as declared by a federal, state, or local governmental official.

(g) A temporary or permanent change in parent custody or guardianship, supported by legal documentation such as a court order or official documentation from the Department of Children and Families (DCF) or DCF-contracted agency. This includes an at‐risk child care authorization that documents the guardianship change.

(4) Reenrollment Exemption. “Reenrollment exemption” means an exemption to the one-time reenrollment in the VPK program as established in Section 1002.71(4), F.S. For funding purposes, a child who reenrolls under this subsection within the same VPK program type during the same VPK program year continues to utilize the full-time equivalent (FTE) student funding provided under the child’s previous reenrollment and a child who reenrolls into a different VPK program type for a circumstance that is beyond the child’s or parent’s control during the same VPK program year may exceed one full-time equivalent student funding. To qualify for this reenrollment, the child has previously reenrolled in the VPK program under subsection (2) or (3) of this rule. The parent must submit a completed reenrollment request within the single statewide information system (SSIS), including submission of the required supporting documentation, as applicable.

(5) Reenrollment for Children in the VPK Specialized Instructional Services (SIS) Program. Changing VPK SIS providers while enrolled in the SIS program type does not constitute a reenrollment under this rule. A child may reenroll under subsection (2) or (3) of this rule from a school-year or summer program type to a VPK SIS program or from a VPK SIS program to a school-year or summer program type during the same VPK program year. A child may also qualify for a reenrollment under subsections (4) and (6) of this rule. However, a child may not reenroll from a VPK SIS school-year program type to a VPK SIS summer program type under subsection (3) of this rule.

(6) Reenrollment into a Subsequent Program Year. For funding purposes, a child who reenrolls under this subsection must not exceed one FTE student, as defined by Section 1002.71(2), F.S. The remaining FTE will be calculated as the total FTE hours for the child’s most recent reenrollment minus the hours the child has expended, including paid absences. To qualify for this reenrollment, the child has attended a portion of a program year’s VPK program, has attained the age of 4 years old between February 2 and September 1 of his or her initial program year of eligibility, as described in Section 1002.53(2), F.S., has not been admitted to kindergarten and will reenroll into the following VPK program year. The parent must submit a completed reenrollment request within the single statewide information system (SSIS).

(7) Early Learning Coalition Responsibilities.

(a) The early learning coalition must process reenrollment requests submitted in the SSIS. Following approval, parents will access the reenrollment certificate within the SSIS.

(b) If a parent applies for his or her child to be reenrolled in a VPK program that is not in the same coalition service area as the child’s current enrollment, both coalitions must coordinate to process the reenrollment request.

(c) If a child’s reenrollment request involves a change of guardianship, the coalition must require the new guardian to submit supporting documentation such as a court order or official documentation from the Department of Children and Families (DCF) or DCF-contracted agency, to verify the change in guardianship before granting a reenrollment under this rule.

History

• Rulemaking Authority 1001.02(2)(n), 1002.79 F.S. Law Implemented 1002.73(2)(d).1, 1002.71(4), 1002.73(2)(d)1. F.S. History–New 12-21-10, Formerly 60BB-8.210, Amended 7-28-16, 9-26-23, 12-21-25.

Fla. Admin. Code R. 6M-8.300 Provider and Class Registration Procedures; Application; Eligibility Determination

(1) Statewide Provider Registration Application; Supporting Documents.

(a) A VPK provider registering for the VPK Program on or after January 1, 2011, must annually complete and sign Form OEL-VPK 10 (Statewide Provider Registration Application), dated April 30, 2010, which is hereby incorporated by reference with instructions, and may be obtained as described in Rule 6M-8.900, F.A.C.

(b) Before delivering instruction or receiving payment for the VPK Program, a VPK provider must submit a complete and signed Form OEL-VPK 10, including supporting documents, to the early learning coalition in the county of the VPK provider’s site. If a VPK provider has more than one VPK site, the provider must submit a separate Form OEL-VPK 10 for each site.

(c) If submitted information changes, a VPK provider must submit written notice of the changes to the early learning coalition within 14 calendar days after the submitted information changes.

(2) Class registration application; supporting documentation.

(a) A VPK private provider or public school must annually complete and sign Parts A and B of Form OEL-VPK 11 (Class Registration Application), dated April 30, 2010, which is hereby incorporated by reference, with instructions, and may be obtained as described in Rule 6M-8.900, F.A.C.

(b) Before delivering instruction or receiving payment for the VPK Program, a VPK provider must submit a complete and signed Form OEL-VPK 11, Parts A and B, including supporting documents, to the coalition.

(c) If submitted information changes, a VPK provider must submit written notice of the changes to the early learning coalition within 14 calendar days after the change. The written notice of changes must include, at a minimum:

1. The VPK provider’s name;

2. The VPK provider’s physical address;

3. The date of the change;

4. From what and to what the information is changing; and,

5. A verbatim copy of the following certification signed by an authorized representative of the VPK provider: “I have examined this application and, to the best of my knowledge and belief, the information provided is true and correct. If any of this information changes, I understand that the provider must submit updated information to the coalition, in writing, within 14 days of the change. I also understand that the provider is encouraged to submit updated information before a change is implemented as the provider may be out of compliance with the requirements of the VPK program if the changes are implemented before the coalition approves of the changes.”

(3) Eligibility determination. A coalition shall determine the eligibility of a private provider or public school registering for the VPK program in accordance with Sections 1002.55, 1002.61 and 1002.63, F.S., based on the submitted documents. A VPK provider shall not deliver VPK instruction until the private provider receives official notification of its eligibility.

History

• Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.55(3), (4), 1002.61(3), (8)(a),1002.63(3), (4), (5), (6), (8)(a), 1002.75(2)(c), (d) FS. History–New 1-19-06, Amended 5-24-07, 12-21-10, Formerly 60BB-8.300.

Fla. Admin. Code R. 6M-8.301 Statewide Provider Contract for the Voluntary Prekindergarten (VPK) Program

(1) Early learning coalitions (coalition) may not execute a provider contract with a provider before the provider has registered with the coalition and the coalition has determined the provider’s eligibility to offer VPK services in accordance with Rule 6M-8.300, F.A.C.

(2)(a) Beginning with the 2026-2027 program year, providers that register to offer the VPK program must execute the State of Florida Statewide Voluntary Prekindergarten Provider Contract, Form DEL-VPK 20, (February 2026) (VPK Provider Contract), including either Form DEL-VPK 20PP (February 2026) or Form DEL-VPK 20PS (February 2026), as appropriate. A coalition must be a party to a VPK Provider Contract. A school district may sign a single VPK Provider Contract on behalf of all public school VPK providers in the district. The owner or manager of multiple private VPK providers may sign a single VPK Provider Contract on behalf of all of his or her private VPK providers within a coalition’s service area.

(b) Providers that register to offer the VPK program must submit all forms adopted by this rule on the single statewide information system (known as the Provider Portal) and found at https://providerservices.floridaearlylearning.com. Public school districts, public universities, county governments (67 Florida counties), and public hospitals may print completed documents from the Provider Portal for the purpose of having original signatures, if required by the local school board or governing body; however, no changes may be made to Form DEL-VPK 20 (February 2026).

(3) The State of Florida Statewide Voluntary Prekindergarten Provider Contract, Form DEL-VPK 20 (February 2026), is incorporated by reference and available at (http://flrules.org/Gateway/reference.asp?No=Ref-19020).

(4) The State of Florida Statewide Voluntary Prekindergarten Provider Contract Private Provider Attachment, Form DEL-VPK 20PP, (February 2026), is incorporated by reference and available at (http://flrules.org/Gateway/reference.asp?No=Ref-19021). This attachment becomes part of the contract for all private providers that execute the VPK Provider Contract referenced in subsection (3) of this rule.

(5) The State of Florida Statewide Voluntary Prekindergarten Provider Contract Public School Attachment, Form DEL-VPK 20PS (February 2026), is incorporated by reference and available at (http://flrules.org/Gateway/reference.asp?No=Ref-19022). This attachment becomes part of the contract for all public schools that execute the VPK Provider Contract referenced in subsection (3) of this rule.

(6) Before VPK services are delivered by a provider, the provider and the coalition must fully execute the VPK Provider Contract (Form DEL-VPK 20 (February 2026)) and the appropriate private (Form DEL-VPK 20PP (February 2026)) or public (Form DEL-VPK 20PS (February 2026)) provider attachment and retain them within the single statewide information system (SSIS) in compliance with Section 668.50, F.S., the Uniform Electronic Transaction Act.

(7) Neither a coalition nor a VPK provider may omit, supplement, or amend the terms and conditions of the VPK Provider Contract or include any attachments, addenda, or exhibits to the contract, except as described in this rule. The coalition and VPK provider may agree to amend the VPK Provider Contract using the Amendment to Statewide Voluntary Prekindergarten Provider Contract, Form DEL-VPK 20A (February 2026), which is hereby incorporated by reference and available at (http://flrules.org/Gateway/reference.asp?No=Ref-19023). Form DEL-VPK 20A (February 2026) must be executed by the coalition and VPK provider.

(8) VPK Program Ineligibility. For the purpose of this subsection, “individual associated with a provider” means an individual or family member of an individual who, regardless of compensation, holds a management position, oversees the operations of a provider, or is an officer, shareholder, beneficial owner, or member of the board of directors of a provider. A provider will not be eligible to contract to offer the VPK program if any of the following circumstances apply:

(a) The coalition may refuse to contract with a provider or revoke a VPK provider’s eligibility to deliver the VPK program if the provider has been cited for a Class I violation by the Department of Children and Families (DCF), or local licensing agency, as applicable, in accordance with Rules 65C-22.010 or 65C-20.012, F.A.C. (as applicable to the provider type). Action taken by a coalition or school district to revoke a provider’s eligibility must be consistent with Sections 1002.55(6), 1002.61(10)(b), or 1002.63(9)(b), F.S., whichever is applicable. If the coalition chooses to implement this provision, the coalition must develop policies and procedures in accordance with Rule 6M-8.702, F.A.C., to ensure the standard is applied consistently to all VPK providers.

(b) The provider is on the United States Department of Agriculture National Disqualified List, has been terminated from participation in the VPK Program due to fraud and is currently not eligible to participate in the program, or is currently ineligible to participate in the VPK Program pursuant to Sections 1002.55(6), 1002.61(10), 1002.63(9), or 1002.73(4)(c), F.S.

(c) An individual associated with the provider was, or is, associated with another provider that is on the United States Department of Agriculture National Disqualified List, has been terminated from participation in the VPK Program due to fraud and is currently not eligible to participate in the program, or is currently ineligible to participate in the VPK Program pursuant to Sections 1002.55(6), 1002.61(10), 1002.63(9), or 1002.73(4)(c), F.S.

(d) For providers removed from eligibility due to noncompliance with Section 1002.68, F.S., the revocation of eligibility applies to VPK program type (school-year or summer) in accordance with Rule 6M-8.702, F.A.C.

(9) Transfer of ownership. In the event of a change of ownership, sale, sale of assets, conveyance of ownership, or other transfer of ownership interest, the provider must notify the coalition no later than thirty (30) calendar days prior to the transfer of ownership. The coalition and new owner must execute a new VPK Provider Contract for VPK services, provided the new owner meets the eligibility requirements of Section 1002.55 or 1002.61, F.S., whichever is applicable, and is not ineligible to contract pursuant to subsection (8) of this rule. Upon receipt of a request for a new contract due to a transfer of ownership, the coalition has up to thirty (30) calendar days to execute or decline a new contract. This timeline may be extended if all prerequisite requirements have not been met.

(10) VPK Logotype Usage and Brand Guidelines, Form DEL-VPK 20B (February 2026), is hereby incorporated by reference and available at (http://flrules.org/Gateway/reference.asp?No=Ref-19024).

History

• Rulemaking Authority 1001.02(2)(n), 1002.73(1), 1002.79 FS. Law Implemented 1002.55(3)(i), (5), 1002.61(3)(b), 1002.63(3)(b), 1002.73(1), (4)(c), 1002.91(4), (5), (7) FS. History–New 8-17-06, Amended 5-24-07, 12-21-10, Formerly 60BB-8.301, Amended 4-9-15, 12-18-16, 11-29-18, 4-15-21, 3-15-22, 2-21-23, 2-24-26.

Fla. Admin. Code R. 6M-8.305 Recording and Certifying Child Attendance in the VPK Program

(1) Record of child attendance:

(a) A VPK provider in the VPK program shall keep a daily record of a child’s attendance in the program.

(b) If a VPK provider is also a school readiness provider, the provider may jointly record a child’s daily attendance for the VPK program with the child’s attendance for the school readiness program.

(2) Monthly Verification of Child Attendance. A VPK provider shall require the parent of a child enrolled in its VPK program to verify monthly the child’s attendance for the prior month, as follows:

(a) A child’s parent must verify the child’s attendance on Form OEL-VPK 03S (Child Attendance and Parental Choice Certificate Short Form), dated February 14, 2007, which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C., if the VPK provider records the child’s daily attendance using one of the following methods:

1. A paper sign-in or sign-out log that records the date, child’s name, and signature of the parent or other person dropping off or picking up the child to, or from, the VPK site; or

2. An electronic attendance-tracking system that records the date, child’s name, and electronic signature, card swipe, entry of a personal identification number, or similar daily action taken by the parent or other person dropping off or picking up the child to, or from, the VPK site.

(b) A child’s parent must verify the child’s monthly attendance on Form OEL-VPK 03L (Child Attendance and Parental Choice Certificate Long Form), dated February 14, 2007, which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C., if the VPK provider records the child’s daily attendance using a method other than the methods described in paragraph (a) (e.g. instructor records daily attendance using a roll book). Before a parent signs Form OEL-VPK 03L, the VPK provider must record the child’s monthly attendance on the form or attach documentation to the form which shows the child’s monthly attendance.

(3) Monthly certification of child attendance for payment.

(a) An early learning coalition shall give a VPK provider a monthly roster, prepared by using the statewide information system, that lists each child enrolled in the provider’s or school’s VPK program, and includes blank spaces for a private provider or public school to certify a child’s attendance for the calendar month.

(b) A VPK provider must certify the monthly attendance of a child enrolled in the provider’s VPK program. A VPK provider may certify monthly attendance by electronic means approved by the Deputy Director for Early Learning.

(c) After payment for the first calendar month that a VPK provider participates in the VPK program, the coalition may not pay the VPK provider for a subsequent month until the provider submits a monthly attendance roster to the coalition which certifies the attendance of each enrolled child from the prior month.

(d) The coalition may not pay the VPK provider the final payment for the program year until the provider submits a final verification of the annual cumulative attendance of each child enrolled in the provider’s VPK program, which certifies the paid hours of attendance of each child enrolled for the program year, in a manner prescribed by the Deputy Director for Early Learning.

(e) If a child arrives at a VPK provider’s VPK site but the provider or school refuses the child’s attendance (e.g., for disciplinary reasons, including tardiness or prohibited attire), the provider or school must record the instructional day as an absence.

History

• Rulemaking Authority 1001.213(2), 1002.79 FS. Law Implemented 1002.71(5)(b), (6)(b)1.-3., (6)(d), 1002.75(2)(f), (g), (h) FS. History–New 5-24-07, Formerly 60BB-8.305.

Fla. Admin. Code R. 6M-8.400 VPK Class Sizes; Blended Classes; Multi-Class Groups

(1) Blended classes.

(a) A private provider or public school may organize a VPK class as a blended class, instructing children enrolled in the VPK program together with children not enrolled in the program.

(b) A blended class may include children of any age. A private provider or public school, however, may not organize a blended class in a multi-age arrangement that prevents the provider or school from implementing a developmentally appropriate curriculum in accordance with Section 1002.67(2)(b), F.S.

(2) Minimum class size. A VPK class must be composed of at least four children enrolled in the VPK program.

(a) An early learning coalition may not issue the initial advance payment for a VPK class unless at least four children in the class are enrolled in the VPK program.

(b) A private provider or public school does not violate the minimum class size, if:

1. Fewer than four children enrolled in the VPK program attend a VPK class on a particular day; or

2. After the advance payment is issued, fewer than four children in a VPK class remain enrolled in the VPK program (e.g., withdrawals).

(3) Maximum class size. A VPK class may not exceed 20 children for a school-year program or 12 children for a summer program. Children enrolled in the VPK program, and children not enrolled in the program, are both counted toward the 20-child or 12-child maximum class size. A VPK class may not exceed the maximum class size in enrollment or attendance on a particular day.

(4) Multi-class group. A private provider or public school may instruct two or more VPK classes as one. A VPK class within a multi-class group may not exceed the maximum class size described in subsection (3).

(5) Compliance with other requirements. This rule does not allow a private provider or public school to exceed a staff-to-children ratio, square footage per child, licensing requirements under Sections 402.301-.319, F.S., or other state or local requirement.

History

• Rulemaking Authority 1001.213(2), 1002.79 FS. Law Implemented 1002.55(3)(f), 1002.61(7), 1002.63(7) FS. History–New 8-17-06, Amended 5-24-07, Formerly 60BB-8.400, Amended 2-18-15.

Fla. Admin. Code R. 6M-8.410 Voluntary Prekindergarten Program Substitute Instructors

(1) As used in this rule, the term “credentialed instructor” means a prekindergarten instructor who has the credentials required under Section 1002.55(3)(c), 1002.55(4), or 1002.61(4), F.S.

(2) Qualifications. Voluntary Prekindergarten (VPK) substitute instructors must be of good moral character and be screened using the level 2 screening requirements in Section 435.04, F.S., before employment as a VPK substitute instructor. In addition, before employment as a VPK substitute instructor, a VPK substitute instructor must:

(a) Meet the qualifications of a credentialed instructor; or

(b) Successfully complete one or more of the following:

1. In a summer VPK program class:

a. An associate’s or higher degree in any field of study;

b. A child development associate (CDA) credential issued by the National Credentialing Program of the Council for Professional Recognition; or

c. A credential approved by the Department of Children and Family Services as defined in Rule 65C-22.003, F.A.C., which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C., as being equivalent to or greater than the national CDA.

2. In a school year VPK program class:

a. Any of the credentials listed in subparagraph (2)(b)1. of this rule,

b. A Department of Children and Family Services 40-hour Introductory Child Care Training course, as described in Rule 65C-22.003, F.A.C., if the class is offered in a child care facility,

c. A Department of Children and Family Services 30-clock-hour Family Child Care Home training as described in Rule 65C-20.013, F.A.C., which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C., if the class is offered in a large family child care home,

d. A Department of Children and Family Services 30-clock-hour Family Child Care Home training as described in Rule 65C-20.009, F.A.C., which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C., if the class is offered in a family day care home,

e. The local school district’s requirements to be employed as a substitute teacher as adopted by each school district under Section 1012.35, F.S.

(3) Circumstances. A VPK provider may assign a substitute instructor when a credentialed instructor is absent from the provider’s premises. A substitute instructor may not be assigned when a credentialed instructor remains on the provider’s premises in order for the credentialed instructor to offer instruction in a classroom other than the one to which the credentialed instructor is assigned.

(4) Time limitation. Substitute instructors may not be assigned to substitute for an absent credentialed instructor in excess of 30% percent of the program hours. A new credentialed instructor must be assigned to replace the absent instructor in the event the absence of the credentialed instructor will exceed 30 percent of the program hours.

(a) A VPK provider shall maintain a record of the number of hours a substitute instructor has been assigned to each VPK classroom.

(b) Records created under paragraph (4)(a), shall be maintained by the VPK provider for a minimum of 1 year and shall be made available for inspection to the VPK provider’s early learning coalition or the Agency during normal hours of operation, and shall submit a copy of the documentation to the coalition or Agency upon the request of the coalition or Agency.

(5) Before a provider may assign a substitute instructor to a VPK classroom, the provider must ensure that the coalition has received documentation of the substitute instructor’s current level 2 background screening and applicable credentials. A coalition may maintain and publish a list of substitute instructors for whom the coalition has previously received documentation which shall indicate, at a minimum, the name of the substitute instructor and the expiration date of the instructor’s level 2 background screening. If the coalition maintains a list, a provider shall not be required to submit documentation for a substitute instructor whose name and level 2 background screening expiration date appear on the list.

(6) Nothing in this rule shall be considered to supersede employment requirements for instructional personnel in public schools which are more stringent than the requirements of this rule. This subsection shall not be construed to permit employment of substitute instructors in public schools for time periods greater than those enumerated in this rule.

History

• Rulemaking Authority 1001.213(2), 1002.55(3)(e), 1002.61(6), 1002.63(6), 1002.79 FS. Law Implemented 1002.55(3)(e), 1002.61(6), 1002.63(6) FS. History–New 8-10-09, Formerly 60BB-8.410.

Fla. Admin. Code R. 6M-8.500 VPK Specialized Instructional Services: Child Eligibility and Provider Reimbursement

(1) General Eligibility. A parent with a four-year-old child who meets the Voluntary Prekindergarten Program eligibility requirements described in Rule 6M-8.200, F.A.C., and has a disability and a current individual educational plan (IEP) developed by the local school board may enroll the child in either a standard (school-year or summer) Voluntary Prekindergarten Education (VPK) Program or in a VPK specialized instructional services program type. Parents may enroll a child in only one program type; a child may not be enrolled in a school-year or summer program type and the VPK specialized instructional services program type at the same time.

(2) Child Eligibility.

(a) In order to register a child for the VPK specialized instructional services (SIS) program type, a parent must do all of the following:

1. Register the child in accordance with the requirements of Rule 6M-8.201, F.A.C.,

2. Submit to the early learning coalition a completed and signed Specialized Instructional Services Supplemental Student Application, Form OEL-VPK 01S, dated June 2014, which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C., or found at http://www.flrules.org/Gateway/reference.asp?No=Ref-04438; and,

3. Submit to the early learning coalition a copy of the child’s current IEP developed by the local school board.

(b) Upon receipt of the required registration documentation from a parent registering his or her child for the VPK SIS program type, a coalition shall first determine the child’s eligibility for the VPK program under Rule 6M-8.201, F.A.C. A coalition shall then determine the child’s eligibility for the SIS program by reviewing the completed and signed Form OEL-VPK 01S, and attached copy of the child’s current IEP. A child shall be determined eligible for the VPK SIS program type by an early learning coalition if:

1. The Form OEL-VPK 01S is completed with accurate information as certified by the parent,

2. The parent has selected a type or types of SIS in item 6. of Form OEL-VPK 01S which are consistent with the child’s IEP; and,

3. The IEP submitted by the parent is dated within the last year.

(c) Upon determining that a child is eligible to participate in a VPK SIS program type, the appropriate coalition staff shall complete the “Early Learning Coalition Use Only” section of Form OEL-VPK 01S, as indicated in grey to document the child’s eligibility. Additionally, the coalition shall complete sections I. and II. in Part A and items 1. through 8. in Part B of Form OEL-VPK 02S, dated June 2014. Form OEL-VPK 02S, Part A, dated June 2014 and Form OEL-VPK 02S, Part B, dated June 2014, are both hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C. or found at http://www.flrules.org/Gateway/reference.asp?No=Ref-04439, and http://www.flrules.org/Gateway/reference.asp?No=Ref-04440, respectively. The coalition shall provide a copy of the forms referenced in this paragraph, with the appropriate sections completed, to the child’s parent.

(3) Provider Selection.

(a) The parent shall select a SIS provider or providers which offer services consistent with the student’s current IEP from providers approved by the DOE under Rule 6A-6.03033, F.A.C., to offer SIS in the coalition service area. Services consistent with the student’s current IEP may include, but are not limited to:

1. Applied behavior analysis as defined in Sections 627.6686 and 641.31098, F.S.,

2. Speech-language pathology as defined in Section 468.1125, F.S.,

3. Occupational therapy as defined in Section 468.203, F.S.,

4. Physical therapy as defined is Section 486.021, F.S.,

5. Listening and spoken language specialists and an appropriate acoustical environment for a child who is deaf or hard of hearing who has received an implant or assistive hearing device.

(b) If the parent selects multiple providers from more than one coalition service area, the coalitions may enter into an interagency agreement regarding the payment of the providers.

(4) Student Enrollment.

(a) After a parent has chosen a SIS provider, the parent shall work with the selected SIS provider to complete section III. of Form OEL-VPK 02S, Part A. If a parent selects multiple SIS providers, the coalition shall provide the parent an OEL-VPK 02S, Part A form to complete with each selected SIS provider.

(b) Each SIS provider shall have an authorized representative complete, sign and date the “Voluntary Prekindergarten Education Program Specialized Instructional Services Provider Agreement” (Form OEL-VPK 20S) where indicated and submit the completed form, along with the completed Form OEL-VPK 02S, Part A, to the early learning coalition. Form OEL-VPK 20S, dated June 2014, is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C., or found at http://www.flrules.org/Gateway/reference.asp?No=Ref-04441. A SIS provider must receive a fully executed copy of Form OEL-VPK 20S from the coalition prior to rendering VPK SIS to any student.

(c) SIS providers which do not submit a completed Form OEL-VPK 02S, Part A, for a student and a completed Form OEL-VPK 20S shall not be eligible to receive reimbursement.

(5) Scheduling Services.

(a) The parent of a student shall schedule all SIS using Form OEL-VPK 02S, Part B, dated June 2014. The parent shall work with each selected SIS provider to complete the form, which must include all scheduled services from all selected SIS providers. If additional space is required to list all scheduled services, the parent may attach additional copies of Form OEL-VPK 02S, Part B.

(b) After scheduling all SIS on Form OEL-VPK 02S, Part B, the parent shall submit the completed form to the early learning coalition for review at least 10 business days prior to the first appointment scheduled.

(c) Within 5 business days of receipt, the early learning coalition shall review the Form OEL-VPK 02S, Part B, to determine whether projected reimbursement for the scheduled services exceed the student’s available VPK funding, and to return a copy of the form to the parent and each selected SIS provider.

(d) If the scheduled services would exceed the student’s available VPK funding, the coalition shall not authorize payment for that service, shall strike through that service on the Form OEL-VPK 02S, Part B, and include a comment on the form that full payment for the service is not authorized. The provider and the parent may still contract for the stricken services, but the coalition will not reimburse the provider in an amount greater than that approved on the Form OEL-VPK 02S, Part B.

(e) If the parent wishes to add appointments to an existing Form OEL-VPK 02S, Part B, which has already been reviewed by the early learning coalition, the parent shall coordinate with the applicable SIS provider to schedule additional services, which shall be added to the existing form. The parent shall resubmit the revised Form OEL-VPK 02S, Part B, to the coalition for review. The resubmittal and review process shall follow the process detailed in paragraphs (5)(b)-(c), above.

(f) Services not identified on the Form OEL-VPK 02S, Part B, as reviewed and authorized by the early learning coalition shall not be reimbursed.

(6) Determining Student’s Available Funding Amount.

(a) New enrollment. The cumulative total of services reimbursed for a child may not exceed the amount of the full-time equivalent (FTE) student established for each county in accordance with Section 1002.71(3), F.S. In the absence of a specific base student allocation for VPK SIS:

1. The VPK school-year FTE allocation shall be used for students whose parents select the school-year option in Item 7 of the completed Form OEL-VPK 01S. Services received under this allocation must occur between 14 calendar days before Labor Day and June 30th of the year the child is eligible for VPK.

2. The VPK summer FTE allocation shall be used for students whose parents select the summer option in Item 7 of the completed Form OEL-VPK 01S. Services received under this allocation must occur between May 1 and 15 calendar days before Labor Day of the year the child is eligible for kindergarten.

(b) Reenrollment for good cause. Notwithstanding the funding described in paragraph (a), above, if a student is reenrolled for good cause under Rule 6M-8.210, F.A.C., into the SIS program type from a school-year or summer program type, the funding available to the student shall be equal to the student’s FTE allocation for the program type in which the student was previously enrolled, minus any amount previously paid for such services rendered to the student.

(7) Provider Payment.

(a) To receive reimbursement for services rendered, a SIS provider shall obtain the parent’s initials and date on Form OEL-VPK 02S, Part B, certifying that services were rendered. Within 30 calendar days of providing services, the SIS provider shall submit the Form OEL-VPK 02S, Part B, with the parent’s certification to the coalition as an invoice or as an attachment to an invoice for reimbursement.

(b) A coalition shall reimburse SIS providers for SIS rendered to an eligible student as certified by the parent on the Form OEL-VPK 02S, Part B. The coalition shall not reimburse a SIS provider for costs other than specialized instruction, for example missed appointments, late fees, or interest. However, a SIS provider must provide the parent with its policy for missed appointments, including late arrivals, in writing and may then follow its normal business practices regarding charges for missed appointments or late arrivals. A coalition shall reimburse the SIS provider in the calendar month following the month in which an invoice for reimbursement is received by the coalition.

(c) SIS providers shall not invoice coalitions for services which have been paid for by other sources. If an SIS provider retains SIS funds for services paid for by other sources, the provider shall be subject to any available penalty at law, which may include, but is not limited to, referral for fraud investigation.

(d) An early learning coalition’s total payment on behalf of a student enrolled under this rule shall not exceed the student’s FTE established in accordance with Section 1002.71(3), F.S. If the student receives services through multiple SIS providers, the funding shall be distributed to the SIS providers in accordance with the schedule of services established on the Form OEL-VPK 02S, Part B. In accordance with paragraph (5)(d), above, if the cost of services rendered to a student exceeds the amount of funding available through the VPK program, those services shall not be part of the VPK program.

(8) Reenrollment. Being enrolled under this rule constitutes an enrollment for the purposes of Rule 6M-8.201, F.A.C. Changing a student’s enrollment between a standard VPK-program type (school-year or summer) and the VPK specialized instructional services program type constitutes a reenrollment for the purposes of Rule 6M-8.210, F.A.C. However, changing SIS providers while enrolled in the specialized instructional services program type does not constitute a reenrollment under Rule 6M-8.210, F.A.C. To re-enroll a student, the parent must comply with the terms of Rule 6M-8.210, F.A.C.

History

• Rulemaking Authority 1001.213(2), 1002.75(1), (3), 1002.79 FS. Law Implemented 1002.66, 1002.53(3)(d), (4)(b), 1002.71(4), 1002.72, 1002.75(1), (3)(d)-(e) FS. History‒New 8-5-14.

Fla. Admin. Code R. 6M-8.601 Voluntary Prekindergarten (VPK) Provider Kindergarten Readiness Rate

History

• Rulemaking Authority 1002.69(5), (6), 1002.79 FS. Law Implemented 1002.69(5), (6) FS. History–New 6-3-07, Amended 1-16-08, 1-5-09, 12-15-09, 10-25-10, 5-10-12, Formerly 6A-1.099821, Amended 6-14-18, 9-19-19, Repealed 7-2-24.

Fla. Admin. Code R. 6M-8.602 Child Performance Standards for the Voluntary Prekindergarten (VPK) Education Program

Minimum student performance standards developed and adopted by the Office of Early Learning for children participating in the Voluntary Prekindergarten (VPK) Education Program are contained in Form OEL-VPK 15 titled, Florida Early Learning and Developmental Standards: 4 Years Old to Kindergarten (October 2017). The standards incorporated in Form OEL-VPK 15 are hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C., or at https://www.flrules.org/Gateway/reference.asp?No=Ref-08828.

History

• Rulemaking Authority 1002.79 FS. Law Implemented 1002.67(1) FS. History–New 7-25-07, Amended 9-22-08, 11-22-11, Formerly 6A-1.099823, Amended 12-28-17.

Fla. Admin. Code R. 6M-8.604 Voluntary Prekindergarten (VPK) Curriculum Approval Process

(1) Purpose. The purpose of the rule is to adopt procedures for the review and approval of curricula for use by private prekindergarten providers and public schools on probation in accordance with Section (s.) 1002.67(2)(c), Florida Statutes (F.S.). A provider on probation is one who earns a performance designation of below expectations or unsatisfactory in accordance with Rule 6M-8.622, F.A.C.

(2) Policy and Procedures.

(a) The Florida Voluntary Prekindergarten (VPK) Education Program Policies and Procedures for Curriculum Approval sets forth the procedures that must be compiled for curricula to be evaluated for approval.

(b) To be considered for evaluation, publishers must submit a comprehensive curriculum package and the forms specified in subparagraph (7)(b)1. through 6., to the department by the deadlines established by the department.

(3) Deadlines. The department will post deadlines for the documents and forms required of publishers listed in subsection (7) on the Division of Early Learning’s website at: https://www.fldoe.org/schools/early-learning/providers/vpk-curriculum.stml/. Publishers will be provided no fewer than 30 days notice of any deadline.

(4) Evaluation and Approval of Curricula. To be approved, curricula submitted by publishers must meet the specifications described in the VPK Curriculum Approval Specifications for Providers on Probation and must:

(a) Meet requirements as described in s. 1002.67(2)(b), F.S.;

(b) Comply with s. 1001.42(8)(c)3., F.S.;

(c) Be aligned to performance standards adopted in Rule 6M-8.602, F.A.C., as described in the approved specifications; and

(d) Receive an average score of one (1) on a scale of zero (0) to two (2) in the six (6) major priority areas: content, presentation, learning, professional learning, parent/family materials and research base.

(5) Posting and Approval of Curricula.

(a) A listing of approved curricula will be posted on the Division of Early Learning’s website at https://www.fldoe.org/schools/early-learning/providers/vpk-curriculum.stml/ and will be effective for a term no less than three (3) years.

(b) To remain on the listing of approved curricula, cost for the approved comprehensive curriculum package, including professional learning, must not increase during the three (3) year approval term; the approved comprehensive curricula package (all material and professional learning) must be available for purchase by providers on probation and no changes can be made to the approved comprehensive curricula package except as approved by the department as provided in subsection (6) of this rule.

(6) Curriculum Application for Minimal Revisions. Publishers who have made minimal revisions to the approved comprehensive curriculum package, including professional learning, must submit Form VPKC7, VPK Curriculum Application for Minimal Revisions, for review and approval before changes to an approved comprehensive curriculum package posted on the Division of Early Learning’s website as referenced in subsection (5) may be made.

(a) Form VPKC7, VPK Curriculum Application for Minimal Revisions, will be accepted for review when more than six (6) months have elapsed since the most recent approval by the department.

(b) A publisher must submit Form VPKC7, VPK Curriculum Application for Minimal Revisions, via email to DEL.Curriculum@del.fldoe.org.

(7) The following documents and forms are incorporated in this rule by reference and are available on the Division of Early Learning’s website at https://www.fldoe.org/schools/early-learning/providers/vpk-curriculum.stml/:

(a) Florida Voluntary Prekindergarten (VPK) Education Program: Curriculum Approval Specifications for Providers on Probation (http://www.flrules.org/Gateway/reference.asp?No=Ref-17510) (February 2025);

(b) Florida Voluntary Prekindergarten (VPK) Education Program: Policies and Procedures for Curriculum Approval (http://www.flrules.org/Gateway/reference.asp?No=Ref-17511) (February 2025), which includes Forms VPKC1, Publisher’s Intent to Submit Form; VPKC2, Publisher’s Registration and Agreement Form; VPKC3, Performance Standards Alignment Form; VPKC4, Scope and Sequence; VPKC5, Professional Learning Plan; VPKC6, Publisher’s Submission Overview; and VPKC7, VPK Curriculum Application for Minimal Revisions.

History

• Rulemaking Authority 1001.02(2)(n), 1002.79 FS. Law Implemented 1002.67 FS. History–New 11-22-12, Formerly 6A-1.099825, Amended 8-20-18, 2-18-25.

Fla. Admin. Code R. 6M-8.605 VPK Staff Development Plan For Providers on Probation

History

• Rulemaking Authority 1001.213, 1002.79 FS. Law Implemented 1002.67(4)(c) FS. History–New 8-21-12, Formerly 6A-1.099826, Amended 4-12-15, 12-28-17, Repealed 5-13-25.

Fla. Admin. Code R. 6M-8.610 Voluntary Prekindergarten (VPK) Director Credential for Private Providers

(1) A private prekindergarten program delivering the Voluntary Prekindergarten (VPK) Education Program must have a director who has a VPK Director Credential. An private school administrator of a private prekindergarten program who holds a valid certificate in educational leadership issued by the Florida Department of Education (department) as defined in Rule 6A-4.0082, F.A.C., satisfies the requirement for a prekindergarten director credential under Section 1002.57, F.S.

(2) In accordance with Section 1002.57(1), F.S., the department adopts the following minimum standards for a VPK Director Credential. The VPK Director Credential must include each of the following:

(a) An instructor-led or online course, approved by the department, on the VPK performance standards adopted under Rule 6M-8.602, F.A.C.

(b) An online course, approved by the department, on emergent literacy standards adopted under Rule 6M-8.615, F.A.C.

(c) An online course, approved by the department, designed to deepen an individual’s understanding of mathematical concepts and skills appropriate for preschool-aged children.

(d) An online course, approved by the department, designed to deepen an individual’s understanding of the use of language and vocabulary in VPK classrooms.

(e) An online course, approved by the department, that addresses the following VPK Director competencies:

1. Organizational Leadership and Management – To implement strategies and techniques that promote a responsive work and learning environment, VPK directors shall be able to demonstrate knowledge and application of:

a. Management strategies that support a professional culture and climate;

b. Instructional leadership skills and the provision of supports to VPK instructors;

c. Available resources and supports for VPK instructors and parents; and,

d. Local processes and procedures for the transition of VPK children to public and private kindergarten programs.

2. Financial and Legal – To maintain effective financial planning and budgeting systems and sound practices related to legal obligations and responsibilities, VPK directors shall be able to demonstrate knowledge and application of:

a. Applicable laws and rules and legal responsibilities;

b. Roles and responsibilities of state agencies, local coalitions, and providers;

c. Monitoring requirements; and,

d. Financial operating procedures.

3. Program and Performance Standards – To maintain an instructional leadership role in creating and sustaining an effective learning environment, VPK directors shall be able to demonstrate knowledge and application of:

a. Developmentally appropriate and research-based instructional practices and their application in the classroom;

b. Evaluation of the appropriateness and effectiveness of available prekindergarten curricula;

c. Effective implementation of a prekindergarten curriculum in the classroom;

d. Effective instructional strategies for children with disabilities or other special needs and for English language learners;

e. Developmentally appropriate methods for the on-going assessment of young children and interpretation of these data for program planning and the delivery of instruction; and,

f. Local and state accountability systems; and,

(f) Education and onsite experience through the successful completion of the Director Credential, as established in in section 4.7 and subsection 4.8.3 as adopted in the Florida Department of Children and Families Child Care Facility Handbook, December 2019, incorporated by reference in Rule 65C-22.001, F.A.C. The Florida Department of Children and Families Child Care Facility Handbook, December 2019 is incorporated by reference. The handbook may be obtained from the Department of Children and Families website at https://www.myflorida.com/service-programs/child-care/ or from the following link: https://www.flrules.org/Gateway/reference.asp?No=Ref-11491.

(3) The following department approved courses and credential will satisfy the minimum standards for the VPK Director Credential as established in subsection (2) of this rule:

(a) Implementing the Florida Standards in Preschool Classrooms: 3 Years Old to Kindergarten (instructor-led or online);

(b) Emergent Literacy for VPK Instructors (online);

(c) Mathematical Thinking for Early Learners (online);

(d) Language and Vocabulary in the VPK Classroom (online);

(e) VPK Director Credential course (online); and

(f) A Director Credential issued in accordance with standards set forth in section 4.7 and subsection 4.8.3 as adopted in the Florida Department of Children and Families Child Care Facility Handbook, December 2019, incorporated by reference in Rule 65C-22.001, F.A.C.

(4)(a) A VPK Director Credential will be issued to an individual that has successfully completed all of the courses and requirements established subsection (3) of this rule.

(b) For purposes of this rule “successfully completed” is defined as follows:

1. For the online courses, an eighty (80) percent passing rate on the course test.

2. For the Implementing the Florida Standards in Preschool Classrooms: 3 Years Old to Kindergarten instructor-led course, attendance and participation in full course, as verified by the department approved instructor of the course.

3. For the Director’s Credential, a current credential issued in accordance with in section 4.7 and subsection 4.8.3 as adopted in the Florida Department of Children and Families Child Care Facility Handbook, December 2019, incorporated by reference in Rule 65C-22.001, F.A.C.

History

• Rulemaking Authority 1002.73(2)(b), 1002.79 FS. Law Implemented 1002.55(3)(g), 1002.57 FS. History–New 12-31-06, Amended 5-19-08, Formerly 6A-6.040, Amended 1-11-16, 10-15-17, 10-21-18, 11-23-21.

Fla. Admin. Code R. 6M-8.615 VPK Training Requirements for Lead VPK Instructors

(1) In accordance with Section 1002.59(1), F.S., the Department of Education (Department) in collaboration with the Just Read, Florida! Office adopts the following minimum standards for training courses in emergent literacy for prekindergarten instructors.

(a) The minimum standards shall align to the performance standards for students in the Voluntary Prekindergarten (VPK) Education Program adopted in Rule 6M-8.602, F.A.C., and include:

1. Evidence-based content and instructional strategies grounded in the science of reading;

2. Content on the development of early learning skills, oral communication, knowledge of print and letters, phonological and phonemic awareness, vocabulary, comprehension development, and explicit and systematic instruction;

3. Multisensory approaches;

4. A pre- and post-assessment to measure participant learning outcomes; and

5. Facilitator interaction and follow-up for online courses.

(b) The training course(s) content must contain evidence-based instructional strategies in emergent reading with the goal that the participant will be able to:

1. Understand the importance of motivation and emergent reading;

2. Demonstrate knowledge of phonological awareness;

3. Identify alphabet knowledge and skills;

4. Understand the importance of retelling stories to develop comprehension; and

5. Understand instructional strategies that meet the needs of students with varying abilities.

(c) The training course(s) content must contain evidence-based instructional strategies instruction in language and communication with the goal that the participant will be able to:

1. Learn how to increase the language skills of prekindergarten children;

2. Learn how to increase the complexity of the spoken language of prekindergarten children;

3. Develop skills to help prekindergarten children initiate conversations, ask questions, and respond to others;

4. Know how to improve the speaking, listening, and conversational skills of prekindergarten children; and,

5. Know how to expand the vocabulary of prekindergarten children.

(d) The training course(s) content must contain instruction in evidence-based instructional strategies in emergent writing with the goal that the participant will be able to:

1. Demonstrate how writing with children will influence the way they learn to communicate through writing;

2. Learn how to provide meaningful and purposeful writing opportunities to motivate and encourage children to explore print; and,

3. Examine the skills and strategies needed to know how to coach children in writing throughout the year keeping in mind developmental needs of each child.

(e) As used in this rule, “evidence-based” means demonstrating a statistically significant effect on improving student outcomes.

(2) In accordance with Section 1002.59(2), F.S., the Department adopts the following minimum standards for training course(s) in performance standards. The training course(s) must contain instruction in the performance standards for students in the VPK Education Program as adopted in Rule 6M-8.602, F.A.C., that:

(a) Discusses the purpose, history, and development of the performance standards for students in the VPK Education Program;

(b) Leads participants to identify the domains, components, standards, and benchmarks in the performance standards for students in the VPK Education Program; and,

(c) Demonstrates how developmentally appropriate daily practices relate to the standards found in the performance standards for students in the VPK Education Program.

(3) As required by Section 1002.55(3)(c)2., F.S., the Department approves the courses relating to emergent literacy and performance standards. The list of approved courses can be found on the Department’s website at https://origin.fldoe.org/schools/early-learning/providers/pro-learning.stml.

(4) In accordance with sections 1002.55(3)(c)2., 1002.61(4), and 1002.63(4), F.S., all lead VPK instructors must successfully complete the following training requirements:

(a) Three (3) five-hour emergent literacy courses or equivalent and a course on the performance standards adopted for use in the VPK program; and

(b) One (1) emergent literacy course every five (5) calendar years after initially completing the three (3) emergent literacy courses.

History

• Rulemaking Authority 1002.59, 1002.79 FS. Law Implemented 1002.55(3)(c)2., 1002.59 FS. History-New 7-1-15, Amended 10-21-18, 5-3-22, 9-20-22, 4-30-24.

Fla. Admin. Code R. 6M-8.620 Voluntary Prekindergarten (VPK) Coordinated Screening and Progress Monitoring Program

(1) Definitions. As used in this rule:

(a) “Coordinated Screening and Progress Monitoring Program” is the statewide, standardized program implemented in all VPK programs as required by s. 1002.68, F.S.

(b) “Progress Monitoring One” (PM1) is the first test administration. For programs that have eighty-three (83) or more instructional days, PM1 must be administered in the first thirty (30) instructional days of the VPK class schedule beginning with the first VPK instructional day. For programs (including summer VPK) that have eighty-two (82) or fewer instructional days, PM1 is the first ten (10) instructional days of the VPK class schedule beginning with the first VPK instructional day.

(c) “Progress Monitoring Two” (PM2) is the second test administration. For school-year programs, PM2 must be administered in the period of time in a VPK class schedule where at least forty (40) percent and no more than sixty (60) percent of a program’s instructional hours have been completed.

(d) “Progress Monitoring Three” (PM3) is the third and final test administration. For programs that have eighty-three (83) or more instructional days, PM3 must be administered in the last thirty (30) instructional days of the VPK class schedule ending on the last VPK instructional day. For programs (including summer VPK) that have eighty-two (82) or fewer instructional days, PM3 is the last ten (10) instructional days of the VPK class schedule ending on the last VPK instructional day.

(e) “Test Administrator” is the qualified person who administers the progress monitoring to children enrolled in a VPK program.

(f) “VPK Class Schedule” is the approved VPK class calendar identified in the Class Registration Application ‒ Calendars (Form OEL-VPK 11B) in accordance with Rule 6M-8.300, F.A.C.

(2) Coordinated Screening and Progress Monitoring Administration.

(a) For school-year programs, each private and public school VPK program must administer PM1, PM2, and PM3, in accordance with s. 1008.25(9)(b)1., F.S. For summer programs, each private and public school VPK program must administer PM1 and PM3, in accordance with s. 1008.25(9)(b)2., F.S. Every program must provide a student’s performance results from the coordinated screening and progress monitoring to the student’s parents within seven (7) calendar days after the administration.

(b) Progress monitoring must be administered by qualified test administrators as defined in subsection (3) of this rule.

(c) Progress monitoring must be administered in English on an electronic device that is seven (7) inches or larger with audio capabilities, to individual students or small groups of two (2) to five (5) students. Student headphones must be used in small groups.

(d) Testing accommodations must be made in accordance with a student’s current individual educational plan (IEP) or 504 accommodation issued by the local school district.

(3) Qualified Test Administrators. Prior to administering progress monitoring, a qualified test administrator must:

(a) Be employed by a public or private VPK provider; and

(b) Beginning with the 2024-2025 program year, annually complete training designed to ensure the proper administration of the progress monitoring. Submit documentation of completed progress monitoring training and signed copies of the Test Administration and Security Agreement and Test Administrator Prohibited Activities Agreement to the VPK provider for uploading via the Provider Portal.

(4) Early Learning Coalition and School District Responsibilities.

(a) Each coalition and school district must assign a staff member to register and serve as the coalition or school district progress monitoring administrator.

(b) The coalition or school district administrator must access the available reports during progress monitoring windows to verify which VPK programs have administered the progress monitoring for PM1, PM2 (school-year programs only), and PM3.

(c) Each coalition must document attempts to notify VPK programs that have not administered the progress monitoring for PM1, PM2 (school-year programs only), and PM3.

(d) Each coalition must collect documentation to verify that each test administrator meets the requirements outlined in subsection (3) of this rule.

(5) Utilization of Results. In addition to the use of the results to inform a provider’s performance metric and the other uses stated in s. 1002.68(1)(a), F.S., the progress monitoring results must be used to identify children having a substantial deficiency in early literacy skills, provided in Rule 6A-6.053, F.A.C., and children having a substantial deficiency in early mathematics skills, provided in Rule 6A-6.0533, F.A.C., establishing eligibility for the New Worlds Scholarship Account under s. 1002.411, F.S.

History

• Rulemaking Authority 1001.02(2)(n), 1002.79 FS. Law Implemented 1002.68(1), 1008.25(9) FS. History–New 3-31-15, Amended 7-28-16, 9-20-22, 11-21-23, 8-27-24, 7-8-25.

Fla. Admin. Code R. 6M-8.621 Program Assessment Requirements for the Voluntary Prekindergarten (VPK) Education Program

(1) Definitions. The following definitions are applicable to all rules under Chapter 6M-8, F.A.C.

(a) “Classroom” means a private provider’s or public school’s VPK class that includes a child in the VPK program, as defined in Rule 6M-8.100, F.A.C.

(b) “Composite Program Assessment Score” means an average of all Division of Early Learning-adopted program assessment dimension scores from VPK classrooms, omitting the negative climate score if included in the tool.

(c) “Contract Minimum Threshold” means the minimum composite program assessment score, as defined in subsection (3) of this rule, a provider must achieve on the program assessment to be eligible to contract for the VPK Program pursuant to Section 1002.68(5)(a), F.S.

(d) “Early Learning Coalition” or “coalition” means the entity charged with administering the VPK Education Program at the local level pursuant to Sections 1002.53, 1002.68(2), and 1002.73, F.S. “Early Learning Coalition” or “coalition” includes applicable Florida Department of Education (FDOE) contractors.

(e) “Negative Climate Score” means the measure of the level of expressed negativity shown by teachers, children, or both in a classroom.

(f) “Observer” means a certified reliable prekindergarten observer that meets the requirements outlined by the program assessment vendor to conduct a classroom observation with validity and reliability.

(g) “Program Assessment” means the measurement of the quality of teacher-child interactions, including emotional support, classroom organization, and instructional support for children ages three (3) to five (5) years required by Section 1002.68(2), F.S.

(h) “School-year program” means a school-year prekindergarten program consisting of five-hundred and forty (540) instructional hours delivered by a private provider under Section 1002.55, F.S., or by a public school under Section 1002.63, F.S.

(i) “Summer program” means a summer prekindergarten program consisting of three-hundred (300) instructional hours delivered by a private provider or public school under Section 1002.61, F.S.

(2) Program Assessment Administration. Coalitions are responsible for the administration of the program assessments. Each VPK provider must annually participate in a program assessment of each VPK classroom for both the school-year and summer VPK programs. All program assessments must occur during VPK instructional hours with the coalition-approved lead VPK instructor, aide, substitute, or VPK director present for the duration of the observation. All program assessments must occur with at least 25% enrolled VPK students present.

(a) All program assessments will be conducted by coalition observers or FDOE-approved vendor observers.

1. For school-year programs, program assessments must be conducted no earlier than fifteen (15) instructional days after the program start date.

2. For summer programs, program assessments shall be conducted no earlier than five (5) instructional days after the program start date.

3. Each coalition must ensure all program assessments, including second program assessments, are conducted before the scheduled program end date.

(b) All observers must have a current certification required by the vendor to conduct a classroom observation with validity and reliability. To the extent possible observers must have the ability to speak, understand, and write in the language of the classrooms they are observing.

(c) Observers must enter and save all dimension scores and notes into the FDOE-approved vendor system within five (5) business days of conducting a classroom observation.

(d) Within fourteen (14) calendar days of the observation being completed, the coalition must notify VPK providers of their composite program assessment score and score for each observed VPK classroom and provide VPK providers with the classroom observation notes. An observation is considered complete, when the observer has entered the classroom observation data into the FDOE-approved system.

(e) VPK classrooms organized as a multi-class group, as defined in Rule 6M-8.400, F.A.C., must have one (1) classroom observation completed, and the resulting classroom observation score will be used for each classroom in the composite program assessment score calculation.

(3) Contract Minimum Threshold. The minimum composite program assessment score a VPK program must achieve is 4.00. A provider’s school-year and summer VPK programs are considered separately.

(a) VPK providers that score below the contract minimum threshold based on their composite program assessment score may request from the coalition a second program assessment within the same program type and year at the provider’s expense. Providers must provide payment to the coalition for the second program assessment prior to the program assessment being conducted.

(b) A second program assessment for a VPK classroom or classrooms must be requested from the coalition in writing within thirty (30) days of receipt of the composite program assessment score. For second program assessments, each requested classroom will be observed, and its score will replace the previous score to calculate a new composite program assessment score.

For the requested classrooms, if the originally assessed teacher is no longer active in their assigned VPK classroom, and a new teacher has been moved there from another assigned VPK classroom, both classrooms will be reassessed, and the new VPK classroom scores will replace the previous ones.

(4) Re-entry Pathway. A provider that scores below the contract minimum threshold defined in subsection (3) of this rule cannot participate in the VPK Program the following year or in any future year until it has sat out a full program year as defined in Rule 6M-8.100(9), F.A.C., and successfully completed the re-entry pathway. To requalify for participation in the VPK program a provider must:

(a) Notify the coalition of its desire to provide the VPK program at least sixty (60) calendar days prior to anticipated contract execution.

(b) Obtain a re-entry composite program assessment score, valid for one (1) year, issued by coalition or FDOE-approved vendor observers at or above the contract minimum threshold defined in subsection (3) of this rule based on one (1) of the following methods:

1. Most recent observations for School Readiness (SR) preschool classrooms at a current SR provider that serves 3- to- 5-year-old children;

2. Most recent observations for the provider’s other VPK program type (e.g., a summer VPK composite program assessment score for school-year VPK program); or

3. Most recent observations completed in all the provider’s preschool classrooms with 3- to- 5-year-old children. The provider bears responsibility for the cost of this re-entry program assessment and is limited to two (2) re-entry program assessment requests per year.

(c) Meet all VPK requirements in accordance with ss. 1002.55, 1002.61 and 1002.63, F.S., as applicable.

(5) Special Considerations.

(a) In the event of a change of ownership, sale, sale of assets, conveyance of ownership, or other transfer of ownership interest that requires a VPK provider to execute a new VPK Provider Contract per subsection 6M-8.301(9), F.A.C., the provider may submit a request to the coalition to retain the existing composite program assessment score if at least 50% of VPK classrooms and their assigned instructors that were previously assessed remain the same. If the provider elects not to retain the existing score, the provider is required to obtain a program assessment pursuant to subsection (2) of this rule. If 25% or fewer of the VPK program hours remain at the time of the ownership change, a program assessment is not required until the consecutive program year.

(b) Observations conducted in VPK classrooms during participation in the School Readiness program assessment under Rule 6M-4.740, F.A.C., that meet the requirements of this rule, may be used for meeting contract minimum threshold, provided the observation was conducted within VPK program hours.

(6) Composite Program Assessment Score Calculation.

(a) The composite program assessment score will be calculated using the combined average of the dimension scores, excluding negative climate scores, from each VPK classroom’s observation and will be rounded to two (2) decimal places.

(b) All active VPK classrooms registered in the Provider Portal for each VPK provider must be observed to calculate the composite program assessment score.

(7) Program Assessment Scheduling.

(a) In scheduling a program assessment coalitions or their designees must select a two (2)-week window when a VPK provider’s regular activities are occurring, and allow the provider to choose up to three (3) days the provider is not available for observation

(b) If the provider experiences a temporary closure, as defined in Rule 6M-8.204, F.A.C., on the day it is scheduled to be observed, the provider must request to reschedule the program assessment within two (2) weeks of the original program assessment.

(c) If the coalition-approved lead VPK instructor, aide, substitute, and VPK director have an extenuating circumstance which causes all to be absent from a classroom on the day it is scheduled to be observed, the observer must reschedule the program assessment within two (2) weeks of the original program assessment. A provider should notify the observer as soon as the provider is aware of any extenuating circumstance which would cause rescheduling of the program assessment

History

• Rulemaking Authority 1001.02(2)(n), 1002.79 FS. Law Implemented 1002.68(2), 1002.73(3) FS. History–New 9-20-22, Amended 11-21-23, 9-23-25.

Fla. Admin. Code R. 6M-8.622 Voluntary Prekindergarten (VPK) Provider Performance Metric and Designation

(1) Purpose. The purpose of this rule is to implement the VPK provider performance metric and designation requirements of Section 1002.68, F.S.

(2) Definitions. For this rule, the following definitions apply:

(a) “Composite Program Assessment Score” means an average of all Division of Early Learning-adopted program assessment dimension scores from VPK classrooms, omitting the negative climate score, as defined in subsection (1) in Rule 6M-8.621, F.A.C.

(b) “Eligible children” means children who have completed more than fifty (50) percent of the total number of instructional hours of the VPK program in the same provider’s program.

(c) “Growth rate” is the rate of learning per month for children enrolled in the VPK program. Growth rate will be calculated by subtracting the progress monitoring one (PM1) score from the progress monitoring three (PM3) score, then dividing by the number of calendar days between PM1 and PM3 administration dates and multiplying by thirty (30).

(d) “Highest literacy classification” is known as Probable Reader with a Unified Scaled Score (USS) between 852-1100.

(e) “Kindergarten Readiness” is defined as meeting the expected developmental learning outcome as demonstrated by children scoring a USS of 707 or higher on PM3.

(f) “Performance metric designations” summarize the profiles of all sites with the following designations: “unsatisfactory,” “below expectations,” “meets expectations,” “above expectations,” and “excellent.”

(3) VPK Provider Performance Metric Components. Each private and public school VPK provider with sufficient data will receive a performance metric designation as provided for in this rule. Sufficient data exists when a provider has a minimum of four (4) eligible children, as defined in paragraph (2)(b), for inclusion in the providers’ metric calculation. The VPK provider performance metric is comprised of three (3) components:

(a) Quality. The Quality score is calculated based on the Composite Program Assessment Score as defined in paragraph (2)(a) and will be expressed as a whole number. The Quality score accounts for fifty (50) percent of the total performance metric and each provider can earn a maximum of fifty (50) points for this component. Providers with Composite Program Assessment Scores:

1. Below 4.00 will earn zero (0) percent or zero (0) of the fifty (50) possible points.

2. 4.00-4.49 will earn ten (10) percent or five (5) of the fifty (50) possible points.

3. 4.50-4.99 will earn twenty (20) percent or ten (10) of the fifty (50) possible points.

4. 5.00-5.49 will earn forty (40) percent or twenty (20) of the fifty (50) possible points.

5. 5.50-5.99 will earn sixty (60) percent or thirty (30) of the fifty (50) possible points.

6. 6.00-6.49 will earn eighty (80) percent or forty (40) of the fifty (50) possible points.

7. 6.50-7.00 will earn one hundred (100) percent or fifty (50) of the fifty (50) possible points.

(b) Achievement. The Achievement score accounts for twenty (20) percent of the total performance metric, and each provider can earn a maximum of twenty (20) points for this component. The Achievement score is calculated by multiplying the percentage of eligible children who demonstrate kindergarten readiness, as defined in paragraph (2)(e) of this rule, by one hundred (100) and multiplying the result by twenty (20) percent. The score will be expressed as a whole number by rounding a value of .5 or greater up and rounding a value of less than .5 down.

(c) Learning Gains. The Learning Gains score accounts for thirty (30) percent of the total performance metric and each provider can earn a maximum of thirty (30) points for this component.

1. Learning gains are demonstrated by:

a. Eligible children in the VPK school-year program with a growth rate of twelve (12) USS points or more per month; or

b. Eligible children in the VPK summer program with a growth rate of forty (40) USS points or more per month; or

c. Eligible children maintaining a score within the highest literacy classification at PM1 and PM3.

2. The Learning Gains score is calculated by multiplying the percentage of eligible children that meet the growth rate, as defined in paragraph (2)(c), by one hundred (100) and multiplying the results by thirty (30) percent. The score will be expressed as a whole number by rounding a value of .5 or greater up and rounding a value of less than .5 down.

(4) VPK Provider Performance Metric Calculation. The department must calculate a VPK provider performance metric for each private or public school VPK provider. A provider’s school-year and summer VPK programs are calculated separately. The VPK performance metric is calculated as the sum of the Quality score, Achievement score, and the Learning Gains score.

(5) VPK Provider Performance Designation. The department will assign each private or public school a VPK provider performance designation as defined in paragraph (2)(f) within forty-five (45) days after the conclusion of the school-year and summer VPK programs based on the VPK provider performance metric. The department must display each provider’s designation in the early learning provider performance profiles, in accordance with Sections 1002.68 and 1002.92(3), F.S. For a provider to have successfully implemented the VPK Program, a provider must achieve a performance designation of: meets expectations, above expectations, or excellent. A provider with a performance designation below expectations or unsatisfactory, fails to meet this standard and will be placed on probation, in accordance with Section 1002.68, F.S.

(a) Designations will be assigned to providers based on the percentage of total applicable points earned as follows:

1. Sixty-one (61) points or higher equals a designation of “Excellent.”

2. Forty-six (46) to sixty (60) points equals a designation of “Above Expectations.”

3. Twenty-eight (28) to forty-five (45) points equals a designation of “Meets Expectations.”

4. Sixteen (16) to twenty-seven (27) points equals a designation of “Below Expectations.”

5. Fifteen (15) points or less equals a designation of “Unsatisfactory.”

(b) The department will assign VPK providers who do not have all three (3) metric components the designation of incomplete.

(c) When a transfer of ownership occurs, as defined in subsection (9) in Rule 6M-8.301, F.A.C., and the new private VPK owner has delivered:

1. More than fifty (50) percent of the VPK school-year or summer program instructional hours, the VPK provider performance designation will be binding on the provider.

2. Fifty (50) percent or less of the VPK school-year or summer program instructional hours, the VPK provider performance designation will not be binding on the provider and the provider will be assigned the designation of incomplete.

History

• Rulemaking Authority 1001.02(2)(n), 1002.79, FS. Law Implemented 1002.68 FS. History–New 9-24-24.

Fla. Admin. Code R. 6M-8.700 Voluntary Prekindergarten Education Program Provider with Incomplete Status, Provider on Probation and Good Cause Exemption

(1) Definitions. For this rule, the following definitions apply:

(a) “Incomplete provider” means a Voluntary Prekindergarten (VPK) provider that does not have sufficient data to be assigned a performance metric designation as described in paragraph 6M-8.622(5)(b), F.A.C.

(b) “Performance metric designation” means excellent, above expectations, meets expectations, below expectations, and unsatisfactory as set forth in Rule 6M-8.622, F.A.C.

(c) “Statistically significant” means a higher percentage than the statewide percentage of students with an indicator for current English Language Learner (ELL) status and for disability status made available by the department at https://edudata.fldoe.org/AdvancedReports_Tableau.html?StudentEnrollments=true.

(d) “VPK staff member” means a prekindergarten director and prekindergarten instructor as defined in s. 1002.51(5) and (6), F.S.

(2) Probation. Any VPK provider assigned a performance metric designation of below expectations or unsatisfactory for a program type (school-year or summer), must be placed on probation by the applicable early learning coalition (coalition).

(a) Beginning with performance metric designations assigned in 2024-2025, a provider must remain on probation until it is assigned a performance metric designation of meets expectations, exceeds expectations or excellent, transfers ownership to an individual not associated with the provider as described in Rule 6M-8.301, F.A.C., or completes a period of removal from VPK program eligibility as described in Rule 6M-8.702, F.A.C.

(b) The department will provide notification of a provider’s probationary status when performance metric designations are published in accordance with subsection 6M-8.622(5), F.A.C.

(3) Improvement Plan. An improvement plan, consisting of the three forms listed in paragraphs (3)(a), (b) and (c) must be completed by providers on probation.

(a) Form DEL VPK 31A, Voluntary Prekindergarten (VPK) Education Program Improvement Plan: Curriculum. This form requires a provider on probation to select and implement a curriculum from the list of approved curricula for providers on probation in accordance with s. 1002.68(5)(b)3., F.S., and to provide information about training staff on the curriculum. The list of approved curricula is available at https://www.fldoe.org/schools/early-learning/providers/vpk-curriculum.stml.

(b) Form DEL VPK 31B, Voluntary Prekindergarten (VPK) Education Program Improvement Plan: Staff Development Plan. This form requires a provider on probation to complete a staff development plan. The list of staff development activities approved by the department for use in improvement plans is available at https://origin.fldoe.org/schools/early-learning/vpk-accountability.stml.

1. Each VPK staff member at a provider on probation must complete twenty (20) hours of approved staff development to strengthen instructional practices.

2. Each VPK staff member at a provider on probation operating under a good cause exemption as described in subsection (7) of this rule must complete the staff development outlined in subparagraph (3)(b)1. of this rule and an additional ten (10) hours of approved staff development to strengthen instructional practices.

(c) Form DEL VPK 31C, Voluntary Prekindergarten (VPK) Education Program Improvement Plan: Communication Plan. This form requires a provider on probation to complete a communication plan that acknowledges that the provider will notify families of its performance metric designation and the requirement to implement an improvement plan. Notification must be in writing and provided to families no later than fourteen (14) calendar days after receipt of coalition approval of the plan or child’s enrollment, whichever occurs later.

(4) Submission and Approval of Improvement Plan. Each year a provider is on probation, the provider must submit an improvement plan to its coalition using the forms set forth in subsection (3) of this rule. The improvement plan must be submitted in the manner prescribed by the department at https://origin.fldoe.org/schools/early-learning/vpk-accountability.stml.

(a) A provider’s improvement plan must be received by the provider’s coalition no later than thirty (30) calendar days after the most recent release of the performance metric designation.

(b) A provider’s improvement plan must be reviewed by its coalition no later than thirty (30) calendar days after receipt of the plan.

1. If the plan meets all requirements in subsection (3) of this rule, the coalition must approve the plan.

2. If the plan does not meet all requirements in subsection (3) of this rule, the coalition must:

a. Update the status of the provider’s improvement plan to pending,

b. Return the improvement plan to the provider with required revisions, and

c. Offer to assist the provider with revising the improvement plan.

(c) A provider’s revised improvement plan must be received by the coalition no later than fourteen (14) calendar days after the date the coalition returned the improvement plan to the provider for revision.

(d) Pursuant to s. 1002.68(5)(c), F.S., if the coalition does not receive an improvement plan or revised improvement plan that meets the requirements for plans described in subsection (3) and (4) of this rule and within the timeframes of this rule, the coalition must implement the noncompliance determination and corrective action notice requirements described in Form DEL-VPK 20, Statewide Voluntary Prekindergarten Provider Contract, Paragraph XI, incorporated in Rule 6M-8.301, F.A.C. Failure to implement corrective action is grounds for termination for cause of the provider’s contract.

(e) An approved improvement plan is valid for one (1) program year.

(5) Improvement Plan Implementation.

(a) Following improvement plan approval, a provider must implement its approved plan and submit evidence of implementation to the coalition using the forms in subsection (3) and in the manner prescribed by the department at https://origin.fldoe.org/schools/early-learning/vpk-accountability.stml.

(b) Evidence for implementation of the improvement plan must be received by the timelines established by the department and available at https://origin.fldoe.org/schools/early-learning/vpk-accountability.stml.

(c) Pursuant to s. 1002.68(5)(c), F.S., if a coalition does not receive evidence of implementation of the improvement plan by the timelines established by the department, the coalition must implement the noncompliance determination and corrective action notice requirements described in Form DEL-VPK 20, Statewide Voluntary Prekindergarten Provider Contract, Paragraph XI, incorporated in Rule 6M-8.301, F.A.C. Failure to implement corrective action is grounds for termination for cause of the provider’s contract.

(6) Incomplete Provider.

(a) An incomplete provider must complete a technical assistance plan to strengthen administrative or instructional practices utilizing Form DEL VPK 32, Voluntary Prekindergarten (VPK) Education Program Technical Assistance Plan for Incomplete Providers. This form requires an incomplete provider to identify causes of their incomplete status and strategies to address these causes.

(b) The requirements for submission and approval of improvement plans found in subsection (4) apply to technical assistance plans of incomplete providers.

(7) Good Cause Exemption. Pursuant to s. 1002.68(6), F.S., if for three (3) consecutive years a provider receives a performance metric designation of below expectations, unsatisfactory or a combination of these performance metric designations, the provider must apply for and be granted a good cause exemption by the department before it can offer VPK instruction for the same program type.

(a) Per s. 1002.68(6)(d), F.S., a provider is not eligible for a good cause exemption if it has been cited for any Class I violation or two (2) or more Class II violations, as defined by paragraphs 65C-22.010(1)(e) and 65C-20.012(1)(h), F.A.C., or local licensing agency (LLA) in the two-year period prior to the date the provider’s good cause exemption application is received by the department.

(b) Approval Criteria. To be eligible for a good cause exemption, a provider must have met all the following criteria:

1. Child demographic data from the most recent program year that evidences the provider served:

a. A statistically significant population of children with limited English proficiency as defined in s. 1003.56, F.S.,

b. A statistically significant population of children with disabilities as defined in s. 1002.51(2), F.S., who have individual educational plans or disabilities documented by a licensed health, mental health, education or social service professional other than the child’s parent or person employed by the provider, or

c. A statistically significant population of a combination of a.–b. above.

2. Data from the private prekindergarten provider or public school which documents improvement in at least two of the three components described in sub-subparagraphs a., b. and c., in the most recent program year when compared to the previous program year:

a. Achievement of the children served, as measured by the coordinated screening and progress monitoring program in accordance with s. 1008.25(9), F.S., and calculated in accordance with paragraph 6M-8.622(3)(b), F.A.C.;

b. Learning gains of the children served, as measured by:

(I) The coordinated screening and progress monitoring program in accordance with s. 1008.25(9), F.S., and calculated in accordance with paragraph 6M-8.622(3)(c), F.A.C.; or

(II) An alternative measure that has comparable validity and reliability of the coordinated screening and progress monitoring program in accordance with s. 1008.25(9), F.S.; or

(III) Documented progress towards meeting the goals outlined in a child’s individual educational plan in accordance with s. 1002.68(6)(c)1., F.S.

c. Effective teaching practices as measured by improvement in the provider’s composite program assessment score as calculated in accordance with paragraph 6M-8.621(1)(b), F.A.C.;

3. Data from the early learning coalition or district school board, as applicable, the Department of Children and Families, the local licensing authority, or an accrediting association, demonstrating the provider’s compliance with state and local health and safety standards in accordance with s. 1002.68(6)(b)3., F.S., during the most recent program year; and

4. Coalition certification of provider compliance with VPK contract deliverables during the most recent program year.

(c) Good Cause Exemption Application Process. A VPK provider seeking an exemption must submit its good cause exemption application to the department on Form DEL-VPK 33, Voluntary Prekindergarten (VPK) Education Program Application for Good Cause Exemption via email to vpkcompliance@del.fldoe.org.

1. A VPK provider’s complete good cause exemption application, including all data and documentation required by paragraph (7)(b) of this rule must be received by the department no later than fourteen (14) calendar days after the most recent release of the performance metric designation. The department will not accept untimely or incomplete good cause exemption applications.

2. The department will notify the provider and coalition of the provider’s good cause exemption approval or denial by no later than thirty (30) calendar days of receipt of the provider’s good cause exemption application.

(d) A good cause exemption is valid for one (1) program year and the provider must apply annually to request an exemption. A provider granted a good cause exemption must continue to meet improvement plan requirements found in subsections (3)-(5) of this rule.

(e) Pursuant to s. 1002.68(5)(d), F.S., if a provider is not granted a good cause exemption, the coalition must

revoke the provider’s eligibility to deliver the VPK program.

(8) The following forms and documents are incorporated in this rule by reference and available on the Division of Early Learning’s website at https:/www.fldoe.org/schools/early-learning/vpk-accountability.stml:

(a) Form DEL VPK 31A, Voluntary Prekindergarten (VPK) Education Program Improvement Plan: Curriculum (http://flrules.org/Gateway/reference.asp?No=Ref-18000) (May 2025);

(b) Form DEL VPK 31B, Voluntary Prekindergarten (VPK) Education Program Improvement Plan: Staff Development Plan (http://flrules.org/Gateway/reference.asp?No=Ref-18001) (May 2025);

(c) Form DEL VPK 31C, Voluntary Prekindergarten (VPK) Education Program Improvement Plan: Communication Plan (http://flrules.org/Gateway/reference.asp?No=Ref-18002) (May 2025);

(d) Form DEL VPK 32, Voluntary Prekindergarten (VPK) Education Program Technical Assistance Plan for Incomplete Providers (http://flrules.org/Gateway/reference.asp?No=Ref-18003) (May 2025);

(e) Form DEL VPK 33, Voluntary Prekindergarten (VPK) Education Program Application for Good Cause Exemption (http://flrules.org/Gateway/reference.asp?No=Ref-18004) (May 2025);

(f) Rule 65C-22.010, F.A.C. (http://flrules.org/Gateway/reference.asp?No=Ref-18005) (January 2022); and

(g) Rule 65C-20.012(1)(h), F.A.C. (http://flrules.org/Gateway/reference.asp?No=Ref-18006) (July 2022).

History

• Rulemaking Authority 1001.213, 1002.79 FS. Law Implemented 1002.67(4)(c), 1002.75(3)(a)-(b) FS. History–New 3-26-13, Amended 2-2-15, 6-23-16, 5-13-25.

Fla. Admin. Code R. 6M-8.701 Provider on Probation; Voluntary Prekindergarten Education Program Annual Probation Progress Report; Second and Subsequent Year Probation

History

• Rulemaking Authority 1001.213, 1002.79 FS. Law Implemented 1002.67(4)(c)2., 1002.75(3)(b) FS. History–New 3-26-13, Amended 2-2-15, 6-23-16, Repealed 5-13-25.

Fla. Admin. Code R. 6M-8.702 Removal From Voluntary Prekindergarten Education Program Eligibility

(1) Removal from Future Eligibility. Except when a provider receives a good cause exemption under Section 1002.68(6), F.S., an early learning coalition or school district, as applicable, shall remove a Voluntary Prekindergarten Education (VPK) Program provider for a period of at least two (2) years but no more than five (5) years from future eligibility to offer new VPK classes under the following conditions:

(a) When the provider receives a performance metric for the same program type (school-year or summer) that for three consecutive years fails to meet the minimum performance metric or designation adopted by the Department under Section 1002.68(4), F.S., the provider shall not offer VPK classes in that program type. For the purpose of this rule, consecutive years has the same meaning as defined in subsection 6M-8.701(1), F.A.C. The Department will notify early learning coalitions and school districts when a provider is removed from eligibility under this condition.

(b) Failure to implement an approved improvement plan, staff development plan, and approved curriculum under Section 1002.68(5)(b), F.S.

(c) If a provider, or an owner, officer or director is (or is acting as the beneficial owner for someone who has been) convicted, found guilty of, or pleads guilty or nolo contendere to public assistance fraud, according to Section 1002.91, F.S.

(d) If a provider’s executed statewide provider contract adopted in Rule 6M-8.301, F.A.C., is terminated after due process procedures adopted in the contract are completed.

(2) Removal Period. In determining the time period for removal from eligibility, the coalition or school district shall consider the following factors: the severity of the provider’s actions leading to the termination of the contract; the health, safety and welfare of children enrolled at the provider; the financial impact of the provider’s actions; the impact that the revocation would have upon the local community; consistency with coalition’s actions against other providers for similar violations of the provider contract or program requirements; the length of time that provider provided services under the contract with the coalition; and whether the provider had previously violated the terms of the current provider contract and prior contracts with the coalition.

(3) Letter of Removal to Private VPK Providers. The coalition shall issue a written Letter of Removal to the provider, which shall be delivered by at least two of the following methods to the provider via certified postal service, electronic mail (email), facsimile, or courier service. The Letter of Removal shall be provided within thirty (30) days after the decision on an application for good cause exemption by the Department, or, if no application was filed by the provider, within thirty (30) days after the deadline to file a good cause exemption application has expired, with a copy to the Department of Education, Division of Early Learning, at the following address: 325 W. Gaines Street, Tallahassee, Florida 32399. A Letter of Removal shall contain the following provisions:

(a) Notice of the program type (school-year or summer) for which the provider is ineligible, in situations where a good cause exemption is not granted under paragraph (1)(a);

(b) The name and address of the provider’s program;

(c) The date upon which the provider was deemed ineligible to offer the program type in the future and the number of VPK program years the provider will be ineligible to offer the program; and,

(d) Notice of termination of any provider contracts, if applicable, under which the provider would have begun a new VPK class for the VPK program type for which the provider has been deemed ineligible.

(4) Notification of Removal to Public School VPK Providers. The Department shall notify the school district, in writing, to remove a public school VPK provider from future eligibility to offer new VPK classes of the program type for a period of at least two (2) years but no more than five (5) years and shall provide a copy of such notification to the early learning coalition.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.79 FS. Law Implemented 1002.55(6), 1002.61(10)(b), 1002.63(9)(b), 1002.68(5)(c)-(d), 1002.73(4)(c) FS. History–New 3-26-13, Amended 2-2-15, 6-14-22.

Fla. Admin. Code R. 6M-8.900 Obtaining VPK Forms

The forms incorporated by reference in this chapter may be obtained from the Office of Early Learning at the following address: 250 Marriott Drive, Tallahassee, Florida 32399, (866)357-3239, TTY/Florida Relay 711, and at the Internet website: http://www.floridaearlylearning.com.

History

• Rulemaking Authority 1001.213(1), 1002.79 FS Law Implemented 1002.53(4), 1002.55(3)(h), 1002.61(8), 1002.63(8), 1002.71(5)(b), (6)(a), (b), 1002.75(2) FS. History–New 5-24-07, Formerly 60BB-8.900.

Fla. Admin. Code R. 6M-8.603 Voluntary Prekindergarten (VPK) Provider on Probation and Required to Apply for a Good Cause Exemption

History

• Rulemaking Authority 1001.213(2), 1002.79, 1002.69(7) FS. Law Implemented 1002.67(4), 1002.69(7) FS. History–New 3-24-11, Amended 5-10-12, Formerly 6A-1.099824, Amended 4-12-15, 6-23-16, Repealed 5-13-25.

Chapter 6M-9 DIVISION OF EARLY LEARNING - EARLY LEARNING COALITIONS

Fla. Admin. Code R. 6M-9.110 Requirements and Criteria for Early Learning Coalition Composition

(1) Definitions.

(a) “Ex Officio Member” means a member of the coalition by virtue of holding another office. Ex Officio member positions are set forth in Sections 1002.83(4)(a)-(l), F.S.

(b) “Business entity” means any form of sole proprietorship, partnership, association, cooperative, joint venture, corporation or business trust, whether operated for profit or not.

(c) “Private sector business member” means an individual who does not work for a business entity that the government owns or operates. The term also includes:

1. An individual who has dual employment in both a business entity and the public sector.

2. An individual who is retired or no longer works for a business entity, provided that individual is not currently employed in the public sector.

(d) “Substantial financial interest” refers to standards established herein for appointment of private sector business members. A coalition member, a coalition member’s relative, or a coalition board member’s business entity has a substantial financial interest in the Voluntary Prekindergarten Education Program (VPK) or an early learning coalition’s School Readiness Program (SR), if:

1. The coalition member, the coalition board member’s relative, or the coalition member’s business entity has direct or indirect ownership of more than five (5) percent of the total assets or capital stock, cumulatively, of one or more of the proscribed sources of income listed in paragraph (1)(e); or

2. During the prior two (2) years, more than five (5) percent of the gross income of the coalition member, coalition member’s relative, or coalition member’s business entity was derived, cumulatively, from one or more of the proscribed sources listed in paragraph (1)(e).

(e) “Proscribed sources of income” refers to sources of income derived from interests in the design or delivery of the VPK program or the SR program, including the following sources:

1. The Department of Education and its divisions including the Division of Early Learning, the Department of Children and Families, or a contractor or subcontractor of any of these agencies;

2. An early learning coalition, or a coalition’s or former coalition’s fiscal agent, service provider, contractor, or subcontractor;

3. A school district’s or public school’s preschool program for children from birth until eligibility for admission to kindergarten in a public school under Section 1003.21(1)(a)2., F.S., if the coalition board member’s or coalition board member’s relative’s income was derived from employment in an elected or appointed position in the school district or public school which is responsible for:

a. Financial decisions affecting the preschool program, including development of the program’s budget or disbursement of funds for the program;

b. Recommendation or adoption of rules, regulations, or policies relating to the operation of any aspect of the preschool program;

c. VPK or SR program instruction, curriculum development, or service delivery; or

d. Management of the preschool program’s operations or personnel, or for personnel carrying out the responsibilities described in sub-subparagraphs (1)(e)3.a-c.;

4. A public or private provider delivering the VPK Program;

5. A public or private provider delivering an early learning coalition’s SR program;

6. A national child care accrediting organization providing accreditation to Florida-based child care providers, public schools, or private schools;

7. A Department of Education approved Gold Seal child care accrediting organization;

8. An accrediting association that is a member of any of the organizations listed in subparagraph (1)(e)6. or (1)(e)7.;

9. A vendor of educational materials or supplies, books, curricula, or equipment; and,

10. An organization designed to represent any of the individuals, organizations, or business entities listed in subparagraph (1)(e)1.

(2) Private Sector Business Members. Each early learning coalition may appoint private sector business members. The number of seated private sector members and all voting and non-voting ex officio members shall not exceed thirty (30) total members.

(3) Criteria for appointing private sector business members. Including the members appointed by the Governor, private sector business members can represent either for-profit or nonprofit entities. Neither the members nor any of their relatives, as defined in Section 112.3143, F.S., may have a substantial financial interest in the design or delivery of the VPK or SR programs.

(a) Prospective members must meet the definition of a private sector business member as defined in paragraph (1)(c). If the prospective member does not meet the definition, the early learning coalition may not make the appointment.

(b) The coalition shall determine whether a prospective member has any interest in a business entity involved in designing or delivering the VPK or SR Program. A business entity is involved in designing or delivering the VPK Education Program or the coalition’s SR Program if it:

1. Receives SR, VPK or Gold Seal Program funds directly or indirectly from the state or federal government as a recipient, subrecipient or vendor.

2. Is an accrediting child care organization or any association or member thereof.

3. Is a vendor of education books, curricula, equipment, supplies or materials.

4. Is an organization designed to represent any of the individuals or organizations listed above.

(c) If a prospective member has any interest in the design or delivery of the VPK or SR program, the early learning coalition shall determine if the interest is a substantial financial interest as defined in paragraph (1)(d). If the interest is substantial, the prospective member has a prohibited substantial financial interest and the coalition may not make the appointment.

(d) If a prospective member meets the private sector board member definition and does not have a prohibited substantial financial interest, the coalition may make the appointment.

History

• Rulemaking Authority 1002.83(6) FS. Law Implemented 1002.83(6) FS. History–New 3-29-15, Amended 5-3-22.

Fla. Admin. Code R. 6M-9.115 Procedures and Criteria for Approval of School Readiness Plans

(1) Plan development. Each early learning coalition must develop and implement a school readiness plan. The school readiness plan will include the minimum standards as required by Section 1002.85(2), F.S., and the School Readiness Plan Guide and Template, Form DEL-SR 115 (August 2025), which is adopted and hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-18366). A copy of Form DEL-SR 115 may be obtained at the division website at https://www.fldoe.org/schools/early-learning/rep-pol-guide/.

(2) Plan submission. A coalition must submit an electronic copy of its school readiness plan and any amendments in accordance with the instructions found in Form DEL-SR 115. A coalition cannot implement its submitted plan or amendments until it receives written approval from the Division of Early Learning (DEL) as described in s. 1002.85, F.S.

(a) Each early learning coalition will submit its proposed school readiness plan to DEL every 3 years by the DEL established deadline. The proposed plan must have documented board approval.

(b) The coalition must submit plan amendments to DEL 30 calendar days following board approval in the event of a change to any element of the approved plan.

(3) DEL review. After receipt of a complete school readiness plan or amendment (including required supporting documents), DEL will acknowledge receipt within 3 business days, excluding office closures. DEL will review the plan or amendment and approve, reject, or approve with conditions the provisions of the plan or amendment within 30 business days of receipt of the completed document.

(a) The division will base its review on the coalition’s compliance with School Readiness Program requirements in Chapter 1002, Part VI, F.S., the federal Child Care and Development Fund (CCDF) regulations located at Title 45 Code of Federal Regulations Part 98, and the School Readiness Plan Guide.

(b) If DEL rejects a school readiness plan or amendment, it will specify, in writing, the grounds for rejection and the early learning coalition must continue to operate under its prior approved plan.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.85(1) FS. Law Implemented 1002.85 FS. History–New 4-5-15, Amended 5-28-17, 10-21-18, 5-3-22, 8-19-25.

Fla. Admin. Code R. 6M-9.120 Early Learning Coalition Performance Standards and Evaluations

(1) Definitions.

(a) “Customer service satisfaction survey” is a questionnaire of performance that measures customers’ or related stakeholders’ level of satisfaction with services.

(b) “Early learning programs” means the local administration of the Child Care Resource and Referral (CCR&R) Network, School Readiness (SR) and Voluntary Prekindergarten (VPK) programs.

(c) “Needs Improvement” means there is moderate evidence that performance standards are satisfactorily met.

(d) “Not Substantially Met” means there is little to no evidence that performance standards are satisfactorily met.

(e) “Performance level” is a description of how high or low a performance rating is within a performance standard.

(f) “Performance rating” means the final performance level resulting from an evaluation of performance standards.

(g) “Performance standards” are the criteria that will establish how well an early learning coalition implements the service delivery and local administration of the CCR&R Network, SR, and VPK programs.

(h) “Substantially Met” means there is evidence that most or all performance standards are satisfactorily met.

(2) Early Learning Coalition Performance Standards. The Division of Early Learning (DEL) shall measure the ability of each early learning coalition to meet performance standards using data from requirements in the DEL Grant Agreement, review of school readiness plans, compliance with the customer service satisfaction survey requirements, and CCR&R, SR, and VPK programmatic and fiscal monitoring, at a minimum.

(a) DEL shall evaluate the coalitions on the following performance standards:

1. Coalition submits early learning program grant agreement deliverables and reports on or before the due date;

2. Coalition maintains and provides CCR&R services in accordance with Rule 6M-9.300, F.A.C.;

3. Coalition implements the school readiness program according to its DEL approved SR coalition plan pursuant to Rule 6M-9.115, F.A.C.;

4. Coalition maintains compliance with financial management requirements for early learning programs (i.e., fiscal reports, revenue, and expenditures); and

5. Coalition completes corrective action plans within required timeframe, if applicable.

(b) Coalitions will receive a performance rating, as outlined in paragraph (4)(a) below, based on the outcome of the evaluation.

(3) Customer Service Satisfaction Survey. The customer service satisfaction survey will be completed by parents, child care providers, CCR&R customers, and early learning coalition board members required under Section 1002.83, F.S.

(a) Beginning in fiscal year 2022-2023, the customer satisfaction survey shall be disseminated to:

1. Customers upon completion of a CCR&R inquiry in accordance with Rule 6M-9.300, F.A.C.;

2. Parents upon an initial eligibility determination, and annually thereafter at redetermination, for the SR or VPK programs, as applicable;

3. Child care providers upon execution of the statewide provider contract for participation in SR or VPK programs; and,

4. Early learning coalition board members annually.

(b) An early learning coalition with survey results below sixty (60) percent will be placed on a corrective action plan for a period of one (1) year.

(4) Early Learning Coalition Performance Outcomes and Evaluations. The outcome measures from evaluations of performance standards identified in paragraph (2)(a) of this rule will determine the coalition’s performance rating.

(a) A summative performance rating. DEL shall determine each coalition’s performance rating using these performance levels: substantially met, needs improvement, or not substantially met. Performance levels measure compliance with performance standard criterions that indicate the coalition’s effectiveness in the implementation and financial management of early learning programs.

(b) Needs Improvement Performance Ratings. The DEL will provide an early learning coalition with recommendations for improving performance in identified criteria. An early learning coalition may request technical assistance from the DEL for implementing recommendations.

(c) Not Substantially Met Performance Ratings. The DEL shall issue a corrective action plan to an early learning coalition with a performance rating of “not substantially met” or a customer service satisfaction survey result below sixty (60) percent. Corrective action plans shall include technical assistance, staff professional development, or coaching. If a coalition fails to receive a customer service satisfaction survey result at or above the sixty (60) percent threshold after the one (1) year corrective action period or does not receive a performance rating above “not substantially met” at the next evaluation, the DEL may opt to contract with a qualified entity to continue the delivery of CCR&R, SR, and VPK services in the coalition’s service area until the DEL reestablishes the coalition’s eligibility or merges the coalition with an existing early learning coalition that has substantially met the performance standards.

(5) Chief Executive Officer (CEO) or Executive Director Evaluation. The Early Learning Coalition Board Chair or other delegated member(s) shall annually complete the Chief Executive Officer/Executive Director Annual Performance Evaluation, Form DEL-SR 120, August 2022, for the ELC’s CEO or executive director. The evaluation must be completed and submitted to DEL by August 30 of each year. The Chief Executive Officer/Executive Director Annual Performance Evaluation, Form DEL-SR 120, August 2022, is incorporated by reference and a copy may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-14589).

(6) Early Learning Coalition Mergers. Coalitions that fail to satisfactorily meet the requirements in subsections (3) and (4) above, may be required to merge their services with another coalition.

(a) Coalitions required to merge must submit the following documentation to DEL within thirty (30) calendar days of receiving written notification:

1. Statement of coalition’s current service area by county;

2. A description of proposed allocation of personnel services;

3. The current financial situation and the anticipated financial situation for two grant program years;

4. Active contracts related to service providers or material service organizations that will remain part of the coalition’s service delivery model;

5. The process by which continuity of services, programs, and operations will be ensured;

6. Identification of the method proposed to reallocate board membership positions among the counties in the newly proposed service area;

7. A description of any proposed improvements or changes to coordinate and reduce the wait list for the newly merged or changed service area;

8. A description of any proposed changes to the service delivery model (i.e., use of a material service organization, contracted service provider, outsourced fiscal management or program services, etc.); and,

9. A description of any record management systems not captured in the Statewide Single Information System.

(b) DEL will notify the impacted adjacent coalitions of an intent to merge within fifteen (15) calendar days of receiving the documentation in paragraph (6)(a) above.

1. The impacted coalition(s) must submit a response to DEL within fifteen (15) calendar days of receiving the intent, which may include the following:

a. A statement of support for merging with the coalition;

b. A statement identifying any additional information the coalition requires to be able to continue the operations of the merging coalition;

c. A statement of interest in alternate arrangements for merging specific portions of the coalition’s service area.

2. An impacted adjacent coalition may review the intent to merge with the board’s Executive Committee in the event the full governing board meeting will not be held within the required response time deadline.

(c) The DEL will review documentation submitted, applicable coalition corrective action plan results and performance standard outcome measures within the previous two consecutive years to approve a coalition merger. Approved coalition mergers require a coalition to develop a merger plan that includes procedures for consolidation that minimize duplication of programs and services and for the early termination of the terms of the coalition members required to accomplish the merger. This plan must be submitted to DEL for review within thirty (30) calendar days from the DEL approval date.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.82(3), (5), 1002.83(14) FS. Law Implemented 1002.82(3), (5), 1002. 83(14) FS. History–New 8-16-22.

Fla. Admin. Code R. 6M-9.121 Federal Quality Funds

History

• Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(4)(c), 411.01(4)(d)5. FS. History–New 8-18-08, Formerly 60BB-9.121, Repealed 1-1-15.

Fla. Admin. Code R. 6M-9.200 School Readiness Plus Program

(1) Purpose. The School Readiness (SR) Plus Program is a State of Florida child care subsidy program for current SR families transitioning off SR services to assist in economic self-sufficiency.

(2) Eligibility. A family who is determined to be ineligible for the school readiness program funds by an Early Learning Coalition (coalition) due to family income and whose income exceeds eighty-five (85) percent of the State Median Income (SMI) but is at or below one hundred (100) percent SMI, is eligible to participate in the SR Plus Program. Eligibility will be authorized in 12-month increments and the family must redetermine annually. The family must:

(a) Meet all applicable eligibility requirements as outlined in Rules 6M-4.200 and 6M-4.208, F.A.C.

(b) Be responsible for a copayment for the SR Plus Program that exceeds the copayment for the SR Program as established by the Division of Early Learning (DEL).

(3) Coalition Responsibilities. A coalition must:

(a) Authorize twelve (12) months of services for an eligible family on a first-come, first-served basis.

(b) Not establish a wait list for the SR Plus program.

(c) Provide the parent with access to the State of Florida’s workforce development, benefits management and career planning tool identified in Section 445.009(1)(k), F.S.

(d) Issue payment certificates to eligible families to submit to contracted SR program providers described in Rule 6M-4.610, F.A.C., to enroll into the SR Plus Program.

(e) Implement the sliding fee scale provided by the Division of Early Learning to assess a parent copayment based on family size, hours of care needed, and family income. The parent copayment for the SR Plus Program will not decrease during the family’s 12-month authorization period.

(f) Reimburse a contracted SR program provider as defined in Rules 6M-4.500 and 6M-4.610, F.A.C.

(g) Monitor SR program providers for compliance with provisions governing the SR Plus Program using the Statewide School Readiness Provider Contract Monitoring Tool pursuant to Rule 6M-4.630, F.A.C.

(4) SR Provider Responsibilities. A child care provider is eligible to serve SR Plus families when it executes and maintains a Statewide School Readiness Provider Contract, pursuant to Rule 6M-4.610, F.A.C.

History

• Rulemaking Authority 1001.02 FS. Law Implemented 1002.935, FS. History–New 9-24-24.

Fla. Admin. Code R. 6M-9.300 Child Care Resource and Referral and Consumer Education

(1) The Division of Early Learning, Child Care Resource and Referral (CCR&R) state network, must ensure delivery of CCR&R services as defined in the Child Care and Development Block Grant Act of 2014, 45 C.F.R. part 98, and Section 1002.92, Florida Statutes (F.S.).

(2) Definitions.

(a) “Business hours” refers to the hours during which a CCR&R organization has staff available to provide services to customers via telephone, email, or in person.

(b) “CCR&R organization” refers to any early learning coalition or other contracted entity providing CCR&R services to customers pursuant to Section 1002.92, F.S.

(c) “Child care listing” refers to the customized list of child care providers generated from the single statewide information system that best meets a family’s needs.

(d) “Community outreach” refers to activities in the CCR&R service area that increase awareness of CCR&R services, such as involvement in community events, establishing community partnerships, displaying program materials in public spaces and on social media platforms, and marketing activities.

(e) “Community resources” refers to social service and financial assistance programs that a family may be eligible for, such as provider discounts and scholarships, the Department of Children and Families (DCF) Office on Homelessness, home visiting programs, mental health services, the School Readiness Program, the Voluntary Prekindergarten (VPK) Education Program, Temporary Assistance for Needy Families (TANF), the Low-Income Home Energy Assistance Program (LIHEAP), the Supplemental Nutrition Assistance Program (SNAP), the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), Head Start and Early Head Start, as well as any organization or service that a family may qualify for that will support the family’s financial independence, assist with developmental concerns, and help fill an unmet need.

(f) “Consumer education” refers to information and resources that assist an individual or family in making informed decisions regarding quality child care and cost of care.

(g) “Differential fee” refers to a child care fee charged by a provider to a parent who participates in the School Readiness Program or any other subsidized child care assistance program that is in addition to the parent copayment set by the early learning coalition.

(h) “Family engagement” refers to the systematic inclusion of families as partners in their children’s development, learning, and wellness, enabled by positive relationships between families and staff in coalitions and early learning programs.

(i) “Legally operating provider” refers to any child care, early learning, or school-age provider that is either licensed, registered, or has a qualifying exemption from licensure from the Florida Department of Children and Families, including before-school and after-school programs, summer recreation and summer day camp programs, and recreational facilities.

(j) “Quality child care” refers to child care programs that maintain a degree of excellence, going above and beyond minimum health and safety standards and training, and that maintain a high level of positive teacher-child interactions, promoting the health and well-being of all children physically, socially, emotionally, and developmentally.

(k) “Registration fee” refers to a fee charged by a provider to a parent for enrollment of a child into a child care program.

(l) “Service area” refers to the county or multicounty region served by the CCR&R organization.

(m) “Single statewide information system” refers to the statewide early learning data system used to capture and provide critical information to early learning coalitions, parents, partners, and providers.

(n) “Standard business hours” refers to operating hours between 8:00 a.m. and 5:00 p.m., Monday through Friday.

(3) Child Care Resource and Referral (CCR&R) Services.

CCR&R services must be locally administered, coordinated, and overseen by early learning coalitions or their contracted entities in accordance with Section 1002.92, F.S. Early learning coalitions or their contracted CCR&R organizations must:

(a) Offer CCR&R services including child care listings, consumer education, and information regarding community resources, as identified in subsection (7) of this rule, to each family requesting CCR&R, the School Readiness Program, or VPK Education Program services, without regard to age, level of income, or individual circumstances.

(b) Provide CCR&R services without cost to the family requesting services within two (2) business days of the request.

(c) Attempt to contact and respond to families requesting services in an emergency situation within four (4) business hours of becoming aware of the request. Emergency situations may include:

1. Closure of a child care or early learning provider with less than forty-eight (48) hours of notice;

2. Declaration of a state of emergency by local, state, or federal officials that affects families and providers within the CCR&R organization’s service area; and,

3. Family emergencies including the death or hospitalization of a parent or guardian, a change in custody of a child with less than forty-eight (48) hours of notice, or a change in employment or employment status with less than forty-eight (48) hours of notice.

(d) Notwithstanding paragraphs (3)(b) and (c) of this rule, the CCR&R organization is not required to provide services in emergency situations if the CCR&R organization is unable to operate as a result of a state of emergency as declared by local, state, or federal officials.

(4) Accessibility of Information and Services.

(a) Each CCR&R organization must provide the Division of Early Learning (DEL) with an annual accessibility report, in the DEL-designated location, no later than the last business day in August, identifying how CCR&R services are made accessible to families and providers within its service area, including families who have limited access to telephone services, internet services, or transportation. The report must also outline the CCR&R organization’s plan for family engagement and community outreach. The CCR&R organization must coordinate with other community entities in order to expand the accessibility of services and document such coordination in the accessibility report.

(b) Each CCR&R organization must maintain a website and at least one other form of outreach and awareness within its service area. The outreach and awareness must include a statement of CCR&R and services offered through the program. The home page of the website for the CCR&R organization, must clearly display, at a minimum, a brief description of CCR&R family and provider services, the primary family and provider telephone number(s), and hours of operation.

(5) Location and Hours of Service.

(a) At least one physical location for CCR&R services must be available in each CCR&R organization’s service area.

(b) Each CCR&R organization must have staff members available to provide CCR&R services via telephone, email, and in person for a minimum of forty (40) hours each week during the organization’s business hours.

(c) If the CCR&R organization is closed at any time during standard business hours, the CCR&R organization must provide a message on its family services line and home page of its website, with its hours of operation and contact information for an alternative organization that can assist families during emergency situations, such as those outlined in paragraph (3)(c) of this rule.

(d) CCR&R organizations are permitted to reduce the number of weekly hours of in-person and telephone availability by a maximum of eight (8) hours for each local, state, or federal holiday and each business day during which a local, state, or federal emergency is declared that makes the CCR&R organization unable to operate.

(6) Customized Child Care Listings.

(a) CCR&R services, including listings, may be offered in person, via telephone, or using other electronic means.

(b) Child care listings must be generated using the single statewide information system maintained by the DEL.

(c) CCR&R organizations must provide or send each family requesting services a list of legally operating providers in their service area within two (2) business days and by the means requested by the family. Each list must be customized according to information provided by the family requesting services or, at a minimum, must include the following information:

1. Location;

2. Days/time care is needed;

3. Child’s date of birth;

4. Type of early learning program or provider, if requested;

5. Child’s special need, if applicable;

6. Family’s primary language, if not English;

7. Reason for care; and

8. Other services offered by providers, as requested by the family.

(d) Child care listings must include a minimum of six (6) providers matching the criteria identified by the family requesting services unless fewer than six (6) providers match the criteria. The CCR&R organization must document when fewer than six (6) providers match the family’s criteria. Listings must also include contact information for the CCR&R organization if additional listings or resources are needed by the family.

(e) The following consumer education information must be included with each customized provider listing:

1. How to access each provider’s licensing status, required health and safety standards, recent inspection reports and history of violations, as applicable.

2. How to access information regarding voluntary quality standards met by the provider, such as accreditation, Gold Seal, program assessment, child assessment, or participation in local quality initiatives.

3. Information on how to submit a complaint through the child care licensing agency.

4. Contact information for the state and local child care provider licensing agencies.

(f) Additional consumer education and community resources, as identified in subsection (7) of the rule, must be included with each customized listing, unless declined by the family.

(7) Consumer Education and Community Resources.

(a) CCR&R organizations must offer information regarding and access to consumer education and community resources to all families requesting CCR&R services, unless declined by the family.

(b) Consumer education must include:

1. Information and resources that enable parents to recognize quality indicators and to make informed choices on quality child care;

2. Information on the full range of child care provider types available, whether licensed or license-exempt, such as family child care homes, child care facilities, before or after school programs, public or nonpublic schools, faith-based, and recreational facilities;

3. Child care licensing and inspection requirements for each provider type;

4. Health and safety requirements, including background screening and disqualifying offenses;

5. Research and best practices regarding children’s social-emotional, physical, and cognitive development, developmentally appropriate practices, and meaningful parent and family engagement;

6. State policies regarding the social-emotional and behavioral health of children; and

7. Information on where parents can receive a developmental screening for their child(ren).

(c) Each CCR&R organization must maintain a current directory of community resources, which must include:

1. Community services for each county within the CCR&R organization’s service area;

2. Federal and state financial assistance programs;

3. Federal, state, and local partners, including state agencies and social services organizations;

4. Child healthcare;

5. Child welfare and abuse;

6. Services for children with special needs or developmental disabilities, such as developmental screenings or assessments;

7. Resources provided by the DEL or identified through collaboration with other entities; and

8. Other resources as needed and appropriate to the specific needs of the individual family.

(8) Provider Profile Updates.

(a) Each CCR&R organization must ensure that contracted and non-contracted provider information for each legally operating provider is updated and approved between January 1 and May 31 of each calendar year in the single statewide information system maintained by the DEL.

(b) Provider information for providers seeking to provide School Readiness or VPK services must be updated and approved prior to contract execution.

(c) At a minimum, the CCR&R organization must ensure that the following information is updated for each provider:

1. Type of Program;

2. Contact information;

3. Gold Seal designation under Section 1002.945, F.S., and accreditation status, if applicable;

4. Quality rating;

5. Program schedule;

6. Ages served;

7. Group sizes and ratios;

8. Enrollment information;

9. Private pay rates charged;

10. Registration, differential, and other fees charged, if applicable;

11. Environment;

12. Special services offered or information about what the provider offers, including but not limited to, arts and crafts, computer activities, family engagement, music lessons, therapeutic services, web cam on site with special education programs for prekindergarten children with disabilities, services for children with developmental disabilities, and vacation care programs;

13. Languages other than English spoken fluently by the provider’s staff;

14. Transportation;

15. Meal options;

16. Family discounts;

17. Legal operating status;

18. Participation in the Child Care Food Program, if applicable;

19. A link to licensing inspection reports, if applicable;

20. The components of the VPK Education Program performance metric calculated under Section 1002.68, F.S., which must consist of the composite program assessment score, learning gains score, achievement score, and the provider’s designations, if applicable;

21. The School Readiness composite program assessment score and program assessment care level composite score results delineated by infant, toddler, and preschool classrooms results under Section 1002.82, F.S., if applicable;

22. Implementation of a DOE-approved curriculum and the name of that curriculum, if applicable; and

23. Participation in School Readiness child assessment under Section 1002.82, F.S.; and

24. The average annual costs associated with curriculum, materials, food, maintenance, and any regulatory fees or operational costs per child under Section 1002.895(6)(b), F.S., if applicable.

(d) Regardless of being contracted or non-contracted, child care facilities licensed under Section 402.305, F.S., and licensed and registered family day care homes must, at a minimum, provide the following information annually: type of program, hours of service, ages of children served, fees and eligibility for services and data required under Section 1002.895, F.S., pursuant to Section 1002.92(4), F.S.

(e) Notwithstanding paragraphs (8)(a) and (b) of this rule, the CCR&R organization must ensure that provider information updated outside of the annual provider update period is approved within fifteen (15) calendar days of being submitted by the provider into the single statewide information system.

(f) Legally operating providers must be included in the provider update process upon request by the provider.

(9) The CCR&R organization must document each request for CCR&R services described in subsection (6) of this rule in the single statewide information system. Monthly, the CCR&R organization must review the DEL specified data report(s) to monitor CCR&R customer intake data in the single statewide information system. If DEL determines through its quarterly review that the organization’s data is not representative of CCR&R services offered, the CCR&R organization must review procedures to determine if revisions are needed to increase the number of CCR&R customer intakes in the single statewide information system.

(10) Staff Training Requirements.

(a) The CCR&R organization must ensure all CCR&R staff, including staff in blended positions who provide CCR&R services, are trained by a CCR&R Coordinator or designated trainer, in customer service, consumer education, community resources, and available types of child care and early learning providers and programs, specific to their service area, and have successfully completed the CCR&R Specialist Evaluation within four (4) months of employment as a CCR&R Specialist. Designated trainers for the CCR&R program, if not the Coordinator, must comply with the Coordinator training requirements.

(b) Each CCR&R organization must have a designated CCR&R Coordinator. The designated CCR&R Coordinator must successfully complete the CCR&R Specialist Evaluation and CCR&R Coordinator Evaluation within four (4) months of employment as the designated CCR&R Coordinator.

(c) Each CCR&R organization must accurately complete and submit the staff list to the DEL-designated location by the established deadline. Staff lists may not be changed nor removed from the designated location once submitted. The CCR&R organization must provide email notification and an updated staff list to the CCR&R state network office within five (5) business days of a change in the designated CCR&R Coordinator position.

(d) Each CCR&R organization must complete assessments on fifty (50) percent of its CCR&R staff by December 31 and complete assessments on the remaining fifty (50) percent of CCR&R staff by June 30. The organization must deliver training to CCR&R staff based on assessment results for quality assurance and retain records of completed assessments, trainings, and staff assessment data for each CCR&R staff member on its staff list.

(11) Each CCR&R organization must establish written procedures for training CCR&R staff on serving families and providers, including offering technical assistance to providers, monitoring CCR&R program data, completing provider profile updates, and completing CCR&R customer intakes in the single statewide information system.

(12) CCR&R organizations are prohibited from charging a provider or other organization a fee for identifying the provider or other organization through the single statewide information system.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.92 FS. Law Implemented 1002.92 FS. History–New 8-10-09, Formerly 60BB-9.300, Amended 9-1-15, 10-21-18, 11-23-21, 2-21-23.

Fla. Admin. Code R. 6M-9.400 Early Learning Coalition Anti-Fraud Plans

(1) Definitions. As used in this rule:

(a) “Recipient” is the parent or legal guardian whose child was determined eligible for School Readiness or Voluntary Prekindergarten Education Program benefits.

(b) “Fraud” is an intentional deception, omission, or misrepresentation made by a person with knowledge that the deception, omission, or misrepresentation may result in unauthorized benefit to that person or another person, or any aiding and abetting of the commission of such an act. The term includes any act that constitutes fraud under applicable federal or state law.

(2) Anti-fraud plan approval. Each early learning coalition (coalition) shall adopt an anti-fraud plan addressing the detection and prevention of overpayments, abuse, and fraud relating to the provision of and payment for School Readiness program and Voluntary Prekindergarten Education Program services and submit the plan to the office for approval. The anti-fraud plan must be approved by the coalition board prior to submission to the Office of Early Learning. The plan must be sent to the Office of Early Learning’s Office of Inspector General no later than June 30 of each year. Submission may be electronic or through the mail. The Office of Early Learning will process the plan no later than September 1 of each year and shall notify the coalition in writing of approval or disapproval and the reasons for disapproval. If disapproved, a corrected plan shall be submitted no later than November 1 of each year.

(3) Criteria for approval of anti-fraud plan. Each coalition’s anti-fraud plan shall include:

(a) A description or chart outlining the organizational structure of the plan’s personnel who are responsible for the investigation and reporting of possible overpayment, abuse, or fraud. This shall include the name and contact information of the primary coalition position responsible for implementing the early learning coalition’s anti-fraud activities.

(b) A description of the plan’s procedures for detecting and investigating possible acts of fraud, abuse, or overpayment. This shall include a review of data quality reports generated from the Office of Early Learning, documented verification of child care referrals from other organizations, a process for electronic monthly reporting to the Office of Early Learning the recipients and providers terminated for fraud, and a description of any fraud hotlines in place and how this information is shared with parents, providers, employees and the public.

(c) A description of the plan’s procedures for the mandatory reporting of possible abuse or fraud, including the possible overpayment associated with the abuse or fraud, to the Office of Early Learning’s Office of Inspector General. This shall include the name and contact information of the coalition position serving as the coalition administrator for the Office of Early Learning Fraud Referral System.

(d) A description of the plan’s program and procedures for education and training personnel on how to detect and prevent fraud, abuse, and overpayment including an annual self-assessment of the coalition’s internal controls, policies and procedures.

(e) A description of the plan’s procedures, including the appropriate due process provisions for suspending or terminating from the School Readiness program or the Voluntary Prekindergarten Education Program a recipient who the coalition concludes has committed fraud. Due process provisions must include all elements set forth in subsection (4), below.

(4) Due process requirements for recipients. The early learning coalition anti-fraud plan shall include the following elements establishing due process:

(a) A clear policy of the right of the recipient to appeal suspension or termination of benefits based on information that leads the coalition to conclude that School Readiness or Voluntary Prekindergarten Education program benefits have been obtained or used fraudulently.

(b) The coalition shall provide written advance notice of the intended action to suspend or terminate benefits to the recipient to be affected and it must clearly advise of the allegations, the basis of the allegations, the intended action and the date the action is to be imposed. The coalition shall send the written advance notice at least fourteen (14) calendar days before the intended action. The written advance notice should be translated into the recipient’s native language if the coalition’s other communications with the recipient have been translated. The written advance notice shall include following:

1. The procedure for the recipient to follow to attempt to appeal the decision.

2. A statement, in bold print, that the failure to file a timely appeal waives the right to an appeal.

3. Notice of the potential for repayment of improper benefits if the conclusion of fraud is upheld, including any benefits received after the receipt of the written advance notice.

4. The procedure for the recipient to obtain a copy of his or her file.

5. The amount of overpayment to be recovered, if applicable.

6. The length of time for which the recipient’s benefits are suspended or the date of the termination of benefits, if applicable. This length of time shall be proportionate to the alleged offense committed, consistent with suspensions or terminations issued to other recipients who allegedly committed comparable offenses, and may also consider prior offenses, as appropriate.

(c) A suspension or termination shall not be applied against recipients with a valid at-risk referral.

(d) If the recipient believes that the conclusion of fraud was made in error, the recipient should first seek to resolve the matter by contacting the coalition and providing the necessary documentation to resolve the issue. The executive director of the coalition shall not be involved in the pre-appeal resolution of the issue.

(e) If the recipient believes that the issue was not resolved by the coalition, the recipient may file a formal written appeal for review by the executive director of the coalition, using the following procedure:

1. Submit a written appeal to the executive director or other executive staff person as designated by the coalition board. The appeal must fully describe the nature of the error the recipient believes has been made and shall contain any documentation which supports the recipient’s claim.

2. The appeal shall be postmarked or emailed before the date of the intended action. The recipient who fails to file a timely appeal waives the right of appeal.

3. If the recipient files a timely appeal, he or she will not be suspended or terminated from the program until the written decision of the executive director or the original date of the intended action, whichever is later.

4. The executive director of the coalition or other executive staff person designated by the coalition board must respond to the recipient, in writing, within thirty (30) days of receiving the appeal with a decision as to whether the suspension or termination will be upheld or modified.

5. The recipient who wishes to appeal the decision of the executive director of the coalition or other executive staff person designated by the coalition board may request further review by an appeals committee in accordance with paragraph (e) of this rule. The request for further review by an appeals committee must be submitted to the coalition in writing within ten (10) calendar days of the date of the executive director or other executive staff person designated by the coalition board’s written response to the recipient’s formal written appeal.

(f) The recipient shall be given the opportunity to defend his or her position in an orderly proceeding of the appeals committee. When the meeting of the appeals committee is scheduled, the recipient shall be notified of the date of the appeals committee, informed that it is a public meeting, and informed that any information presented may be used by other state agencies.

1. The appeals committee shall be selected by the Chairman of the Board of the coalition and a chair of the appeals committee shall be named.

2. The appeals committee shall be convened within forty-five (45) calendar days of receipt of the recipient’s request for an appeal.

3. The recipient shall be provided up to thirty (30) minutes to present their position and any information they wish the appeals committee to consider.

4. The coalition staff, excluding the executive director or other executive staff person designated by the coalition board, shall be available to provide any information requested by the committee.

5. The appeals committee will consider all statements, review all documents and may request any additional evidence or information from the parties if an appeals committee member believes it is necessary and relevant to the decision making. The required final determination letter will be tolled for the length of time given to provide the additional information.

6. The appeals committee shall select or appoint a member of the coalition, excluding the executive director the coalition or other executive staff person designated by the coalition board, to memorialize the events of the appeals committee proceeding and the final determination including the basis for the decision.

7. The appellant shall be notified in writing of the appeals committee’s determination within ten (10) days of the date of the meeting.

8. The determination of the appeals committee shall be final.

(5) The due process procedures for providers will be provided for in the contract between the coalition and the provider, pursuant to Rule 6M-4.610, F.A.C.

History

• Rulemaking Authority 1001.213(2), 1002.91(4), (8) FS. Law Implemented 1002.91(4), (8) FS. History–New 3-1-15.

Chapter 6M-10 GOLD SEAL QUALITY CARE PROGRAM

Fla. Admin. Code R. 6M-10.001 Gold Seal Quality Care Program

(1) Definitions.

(a) “Child care” means the care, protection, and supervision of a child, for a period of less than twenty-four (24) hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care.

(b) “Class I Violation” is an incident of noncompliance with a Class I standard as described by the Department of Children and Families (DCF) on CF-FSP Form 5316 and CF-FSP Form 5427 in Rule 65C-22.010, F.A.C., and CF-FSP Form 5318, and CF-FSP Form 5317 in Rule 65C-20-012, F.A.C. Class I violations are the most serious in nature.

(c) “Class II Violation” is an incident of noncompliance with an individual Class II standard as described by the DCF on CF-FSP Form 5316 and CF-FSP Form 5427 in Rule 65C-22.010, F.A.C., CF-FSP Form 5318, and CF-FSP Form 5317 in Rule 65C-20.012, F.A.C. Class II violations are less serious in nature than Class I violations. A Class II standard violation resulting in death or serious harm to a child shall escalate to a Class I violation.

(d) “Class III Violation” is an incident of noncompliance with an individual Class III standard as described by the DCF on CF-FSP Form 5316 and CF-FSP Form 5427 in Rule 65C-22.010, F.A.C., CF-FSP Form 5318, and CF-FSP Form 5317 in Rule 65C-20.012, F.A.C. Class III violations are less serious in nature than Class I or Class II violations.

(e) “Gold Seal Quality Care Accrediting Association” means an accrediting association that has applied to and been approved by the Division of Early Learning (DEL) as an accrediting association for the purpose of Gold Seal Quality Care designation pursuant to Section 1002.945(3), F.S.

(f) “Gold Seal Quality Care Provider” means a child care facility, family day care home, or large family child care home regulated by the DCF, local licensing agency, or the United States Department of Defense, that meets the accreditation compliance requirements in Section 1002.945(1), F.S.

(g) “Violation” means noncompliance with a licensing standard as described in an inspection report resulting from an inspection under Section 402.311, F.S.

(2) Gold Seal Quality Care Provider Requirements.

(a) Gold Seal Quality Care Provider Designation. A child care facility, licensed family day care home, or large family child care home seeking designation as a Gold Seal Quality Care provider must apply to the DEL on Form DEL-GS05, Gold Seal Quality Care Provider Application, February 2023, which is hereby incorporated by reference, and provide all supporting documentation required by the form. This form may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-15171. Once reviewed and approved by the DEL, the designation will be issued in the legal name of the provider. The designation will be effective on the date approved by the DEL through the duration of the provider’s accreditation certification, up to a maximum of five (5) years, unless terminated by the DEL or voluntarily surrendered by the provider, or if accreditation is revoked by the accrediting association.

(b) A child care facility, licensed family day care home, or large family child care home operating on a military installation must submit to the DEL copies of any inspection reports conducted by the United States Department of Defense within fifteen (15) business days from the date of the inspection. The DEL will review the inspection to determine compliance with criteria for the issuance and maintenance of an active Gold Seal Quality Care Provider designation.

(c) In order to obtain and maintain Gold Seal Quality Care designation, the provider must:

1. Be operational and attended by children for a minimum of one (1) year. Providers with other locations that are in good standing with the accrediting association, that meet the criteria outlined in Section 1002.945(4), F.S., is inspected for health and safety standards as prescribed by the DCF, the local licensing agency, or the United States Department of Defense, and that have been operational with children in attendance for a minimum of one (1) year shall be exempt from the one (1) year requirement at any new locations.

2. Be accredited by an approved Gold Seal Quality Care Accrediting Association. The name and address on the accrediting association certificate required by Form DEL-GS05 must be the same as that on the provider’s license. A list of approved accrediting associations may be obtained from the DEL’s website at www.floridaearlylearning.com.

3. Be inspected for compliance with health and safety standards, as prescribed by the DCF, the local licensing agency, or the United States Department of Defense, prior to approval for the Gold Seal Quality Care Program and meet the criteria outlined in Section 1002.945(4), F.S. The most recent inspection cannot be older than two (2) years from the date of application.

(d) To renew a Gold Seal Quality Care designation, the provider must submit Form DEL-GS05 at least thirty (30) calendar days prior to expiration of the current designation. The DEL cannot guarantee that late-filed renewal forms will be processed in time to avoid a lapse in the designation. Designations are effective on the date the application is approved.

(3) Gold Seal Quality Care Enforcement.

(a) Gold Seal Quality Care providers must maintain accreditation and continuously meet the standards established by their Gold Seal Quality Care Accrediting Association in order to retain their designation. A provider’s Gold Seal Quality Care designation will be terminated upon expiration of its accreditation or when its accreditation is surrendered or lost. The Gold Seal Quality Care designation termination will be effective on the expiration date or on the date the accrediting association no longer acknowledges the provider’s accreditation.

(b) A provider’s Gold Seal Quality Care designation will be terminated if the Department of Children and Families, local licensing agency, or the United States Department of Defense determines the provider has committed a disqualifying minimum standards violation as defined in Section 1002.945(4), F.S. The termination will be effective as of the date of final agency action on the termination. Providers are eligible to reapply for the Gold Seal Quality Care Program in accordance with the timeframes specified in Section 1002.945(4), F.S.

(c) Providers that are accredited by a Gold Seal Quality Care Accrediting Association that has lost its status as an approved accrediting association will be notified by the DEL and be afforded one year from the date of notification to obtain a new accreditation certificate from an approved Gold Seal Quality Care Accrediting Association. The DEL will thereafter terminate the Gold Seal Quality Care designation of any provider that is not accredited by an approved accrediting association at the conclusion of the one (1) year period.

History

• Rulemaking Authority 1002.945 FS. Law Implemented 1002.945 FS. History–New 5-1-08, Amended 1-13-10, 7-7-15, 10-25-17, 6-12-19, Formerly 65C-20.014, Amended 5-3-22, 3-1-23.

Fla. Admin. Code R. 6M-10.002 Gold Seal Quality Care Accrediting Associations

(1) Definitions.

(a) “Accrediting Association” means an entity that certifies early and school-age care providers and accredits programs that meet or exceed heightened standards, following self-study and observation that standards are met and continue to be met during the period of accreditation.

(b) “Gold Seal Quality Care Accrediting Association” means an accrediting association that has applied to and been approved by the Division of Early Learning (DEL) as an accrediting association for the purpose of Gold Seal Quality Care designation pursuant to Section 1002.945(3), F.S.

(c) “Gold Seal Quality Care Provider” means a child care facility, family day care home, or large family child care home regulated by the Department of Children and Families (DCF), local licensing agency, or the United States Department of Defense, that meets the accreditation compliance requirements in Section 1002.945(1), F.S.

(2) Gold Seal Quality Care Accrediting Association Requirements.

(a) An accrediting association seeking recognition as a Gold Seal Quality Care Accrediting Association must:

1. Have been active and accrediting child care facilities, family day care homes, or large family child care homes in Florida for a period of five (5) years immediately prior to submission of an application to the DEL.

2. Hold an active corporation registration with the Florida Department of State to do business in Florida.

3. Submit and meet all requirements outlined on the Form DEL-GS06, Gold Seal Quality Care Accrediting Association Application, May 2022, which is incorporated by reference. Form DEL-GS06 may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: http://www.flrules.org/Gateway/reference.asp?No=Ref-14189.

4. Submit a crosswalk of the accrediting association’s standards with the DEL’s Gold Seal Quality Care standards.

(b) Applications will be accepted only in January and July each year. An accrediting association whose application is denied cannot reapply until at least six (6) months from the date of the denial.

(c) An application and all supporting documentation submitted by an accrediting association for approval as a Gold Seal Quality Care Accrediting Association will be evaluated in the manner described in Form DEL-GS07, Gold Seal Quality Care Program Review Process and Procedures, May 2022, which is incorporated by reference, Form DEL-GS07 may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-14190).

(d) Applicants must obtain an overall compliance percentage of 85% or higher of the standards outlined on Form DEL-GS02, Gold Seal Quality Care Accrediting Association Evaluation Manual for Family Day Care Homes and Large Family Child Care Homes, February 2023, or Form DEL-GS04, Gold Seal Quality Care Accrediting Association Evaluation Manual for Child Care Facilities, February 2023. These forms are incorporated by reference and copies may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-15173). An accrediting association approved by the DEL as a Gold Seal Quality Care Accrediting Association under this rule must ensure, when issuing accreditations to Florida child care providers for the purposes of Gold Seal Quality Care designation, that the child care providers have met an overall compliance percentage of 85% or higher under the association’s accreditation standards.

(e) The DEL’s Gold Seal Quality Care standards are established in Form DEL-GS03, Gold Seal Quality Care Accrediting Standards for Child Care Facilities, February 2023, and Form DEL-GS01, Gold Seal Quality Care Accrediting Standards for Family Day Care Homes and Large Family Child Care Homes, February 2023. These forms are incorporated by reference and copies may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-15176).

(f) A Gold Seal Quality Care Accrediting Association approval is valid only for the entity to which it is issued for a maximum of five (5) years, unless terminated by the DEL or voluntarily surrendered during the approved period.

(g) A Gold Seal Quality Care Accrediting Association must annually submit the Attestation page of Form DEl-GS06, Gold Seal Quality Care Accrediting Association Application, on or before July 1st. If changes have occurred, the appropriate supporting documentation of the change must accompany the Attestation.

(h) The following acts or omissions are grounds for revocation of an accrediting association’s approval;

1. Failure to notify the DEL of a change in the accrediting association’s administration, corporate structure, or any condition under which the association was initially approved by the DEL.

2. Any changes resulting in the accrediting association’s inability to meet the criteria provided in Section 1002.945(3), F.S.

3. Contracting with or otherwise authorizing any other entity or parties, including affiliated groups, membership groups, or subgroups, to issue accreditations to Florida child care providers for the purposes of Gold Seal Quality Care designation.

4. Acts of fraud committed by an accrediting association.

(i) A Gold Seal Quality Care Accrediting Association must notify the DEL, in writing, within fifteen (15) calendar days a revocation or expiration of the accreditation of a child care facility, family day care home, or large family child care home in Florida. The notification must include a copy of the revocation or expiration letter issued to the provider, stating the specific reasons for revocation or expiration. Failure to provide the DEL such written notification will be grounds for terminating the association’s approval as a Gold Seal Quality Care Accrediting Association, and the association will be precluded from reapplying for approval for a period of two (2) years.

(j) Gold Seal Quality Care Accrediting Associations must apply to renew approval by submitting Form DEL-GS06, Gold Seal Quality Care Accrediting Association Application, a minimum of six (6) months prior to end of the five-year approval period.

(k) An accrediting association approved under this rule as a Gold Seal Quality Care Accrediting Association must notify the DEL and all of its accredited providers in writing six (6) months in advance of any intent to surrender its approval or to allow it to expire. An approved accrediting association which fails to comply with this requirement will be precluded from re-applying for approval for a period of five (5) years from the lapse of the existing approval.

(l) The DEL will not recognize Gold Seal accreditations issued by an entity that has not been approved as a Gold Seal Quality Care Accrediting Association.

(m) An accrediting association approved by the DEL as a Gold Seal Quality Care Accrediting Association may not contract with or otherwise authorize any other entity or parties, including affiliated groups, membership groups, or subgroups, to issue accreditations to Florida child care providers for the purposes of Gold Seal Quality Care designation.

(n) Gold Seal Quality Care Accrediting Associations must submit quarterly reports as required in section V of Form DEL-GS06, Gold Seal Quality Care Accrediting Association Application, that includes the name and full address of each accredited child care program, the effective accreditation date and expiration date for each program, and any programs for which accreditation has expired or been terminated during the quarter. Failure to submit quarterly reports of accredited child care programs will be grounds for terminating the accrediting association’s approval as a Gold Seal Quality Care Accrediting Association. DEL will provide the reason and recommend the length of the termination to the State Board.

(o) Any accrediting associations that were designated as a Gold Seal Quality Care Accrediting Association without being required to apply must submit an application and all supporting documentation by December 31, 2022 for approval as a Gold Seal Quality Care Accrediting Association. Child care providers accredited by these associations will remain eligible to use their accreditation to obtain and maintain a Gold Seal Quality Care designation until the accrediting association has been approved or denied by the DEL. Child care providers accredited by these associations will remain subject to the requirements outlined in Rule 6M-10.001, F.A.C.

(3) Gold Seal Quality Care Accrediting Association Audits.

(a) Each Gold Seal Quality Care Accrediting Association shall be audited by the DEL biennially to verify compliance with criteria outlined in Section 1002.945(3)(a)4., F.S. Each accrediting association shall provide evidence of its accreditation process to DEL within thirty (30) calendar days of a DEL notification of the association’s audit date. Documentation may be submitted electronically to DEL.

(b) Results from the audit shall be provided to the accrediting association upon DEL’s determination that the audit is complete. Any issue of noncompliance with the criteria in Section 1002.945(3)(a)4., F.S., will result in corrective action or termination as a Gold Seal Quality Care Accrediting Association.

1. If the DEL determines that an accrediting association is not in compliance with Section 1002.945(3)(a)4., F.S., the accrediting association will be notified of corrective action requirements and the deadline to implement and comply with such requirements. Failure to comply with corrective actions within the timeframe indicated in the corrective action notice will result in termination as a participating Gold Seal Quality Care Accrediting Association.

2. The DEL shall notify an accrediting association of termination as a participating Gold Seal Quality Care Accrediting Association a minimum of two (2) weeks prior to the termination date. Termination from participation as a Gold Seal Quality Care Accrediting Association will be in effect for a minimum of two (2) years but not more than five (5) years. DEL will provide the reason and recommend the length of the termination to the State Board.

(c) A Gold Seal Quality Care Accrediting Association must annually submit Form DEl-GS08, Gold Seal Accrediting Associations Annual Self-Assessment Survey, February 2023, on or before October 1st. This form is incorporated by reference and a copy may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (http://www.flrules.org/Gateway/reference.asp?No=Ref-15177). If changes have occurred since the previous submission, the appropriate supporting documentation of the change must accompany the survey.

History

• Rulemaking Authority 1002.945 FS. Law Implemented 1002.945 FS. History–New 5-1-08, Amended 1-13-10, 8-1-13, 7-7-15, 10-25-17, 6-12-19, Formerly 65C-22.009, Amended 5-3-22, 3-1-23.

Division 6B Education Practices Commission

Chapter 6B-1 CODE OF ETHICS OF THE EDUCATION PROFESSION IN FLORIDA

Fla. Admin. Code R. 6B-1.001 Code of Ethics of the Education Profession in Florida

History

• Rulemaking Authority 229.053(1), 231.546(2)(b) FS. Law Implemented 231.546(2)(b) FS. History–New 3-24-65, Amended 8-9-69, Repromulgated 12-5-74, Amended 8-12-81, 7-6-82, Formerly 6B-1.01, Transferred to 6A-10.080.

Fla. Admin. Code R. 6B-1.006 Principles of Professional Conduct for the Education Profession in Florida

History

• Rulemaking Authority 229.053(1), 231.546(2)(b) FS. Law Implemented 231.546(2), 231.28 FS. History–New 7-6-82, Amended 12-20-83, Formerly 6B-1.06, Amended 8-10-92, 12-29-98, Transferred to 6A-10.081.

Chapter 6B-4 PROFESSIONAL SELECTION, ASSIGNMENT, CONTINUANCE, TRANSFER AND DISMISSAL

Fla. Admin. Code R. 6B-4.009 Criteria for Suspension and Dismissal

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.36(4)(c), 231.546(2) FS. History–New 12-25-66, Amended 9-8-68, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-4.09, Transferred to 6A-5.056.

Fla. Admin. Code R. 6B-4.010 Instructional Personnel Assessment Systems

History

• Rulemaking Authority 229.053, 231.29 FS. Law Implemented 230.23(5)(c), 231.29 FS. History–New 6-19-01, Transferred to 6A-5.030.

Chapter 6B-5 STANDARDS OF COMPETENT PROFESSIONAL PERFORMANCE

Fla. Admin. Code R. 6B-5.001 General

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.01, Transferred to 6A-10.090.

Fla. Admin. Code R. 6B-5.0012 Florida Principal Leadership Standards

History

• Rulemaking Authority 1001.02, 1012.55 FS. Law Implemented 1012.55 FS. History–New 5-24-05, Transferred to 6A-5.080.

Fla. Admin. Code R. 6B-5.002 Definitions

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.02, Transferred to 6A-10.091.

Fla. Admin. Code R. 6B-5.003 Administrative and Supervisory Requirements

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.03, Transferred to 6A-10.092.

Fla. Admin. Code R. 6B-5.004 Analysis of Individual Needs and Individual Potential

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.04, Transferred to 6A-10.093.

Fla. Admin. Code R. 6B-5.005 Instructional Procedures

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.05, Transferred to 6A-10.094.

Fla. Admin. Code R. 6B-5.006 Communication Skills

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.06, Transferred to 6A-10.095.

Fla. Admin. Code R. 6B-5.007 Management Techniques

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.07, Transferred to 6A-10.096.

Fla. Admin. Code R. 6B-5.008 Competence in Specialization

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.08, Transferred to 6A-10.097.

Fla. Admin. Code R. 6B-5.009 Evaluation of Learning and Goal Achievement

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.09, Transferred to 6A-10.098.

Fla. Admin. Code R. 6B-5.010 Human and Interpersonal Relationships

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.10, Transferred to 6A-10.099.

Fla. Admin. Code R. 6B-5.011 Personal Requirements

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.11, Transferred to 6A-10.0991.

Chapter 6B-10 ORGANIZATION

Fla. Admin. Code R. 6B-10.001 General Description

History

• Rulemaking Authority 231.261(6)(d) FS. Law Implemented 120.53(1)(a) FS. History–New 2-17-81, Formerly 6B-10.01, Repealed 2-10-98.

Fla. Admin. Code R. 6B-10.002 Composition

History

• Rulemaking Authority 120.53(1)(a), 231.261(6), (7) FS. Law Implemented 120.53(1)(a), 231.261(2), (7) FS. History–New 2-17-81, Amended 12-30-82, 12-4-85, Formerly 6B-10.02, Repealed 2-10-98.

Fla. Admin. Code R. 6B-10.003 General Procedures; Annual Meeting; Officers; Quorums

History

• Rulemaking Authority 231.261(7)(d) FS. Law Implemented 120.53(1)(a), 231.261 FS. History–New 2-17-81, Amended 12-30-82, Formerly 6B-10.03, Repealed 2-10-98.

Fla. Admin. Code R. 6B-10.004 Executive Director; Clerk; General Information

History

• Rulemaking Authority 231.261(7)(d) FS. Law Implemented 120.52(9), 120.53, 231.262(6)(d) FS. History–New 1-19-81, Amended 12-6-83, Formerly 6B-10.04, Repealed 2-10-98.

Fla. Admin. Code R. 6B-10.005 Statutory Provisions and Rules

History

• Rulemaking Authority 231.261(6)(d) FS. Law Implemented 120.53(9)(a) FS. History–New 2-17-81, Formerly 6B-10.05, Repealed 2-10-98.

Fla. Admin. Code R. 6B-10.006 Public Information: Inspection and Copying of Commission Records

History

• Rulemaking Authority 231.261(7)(d) FS. Law Implemented 119.07, 120.53 FS. History–New 1-19-81, Amended 4-1-82, 12-4-85, Formerly 6B-10.06, Repealed 2-10-98.

Fla. Admin. Code R. 6B-10.007 Public Access

History

• Rulemaking Authority 231.261(6)(d) FS. Law Implemented 119.07, 120.53, 236.011 FS. History–New 2-17-81, Formerly 6B-10.07, Repealed 2-10-98.

Fla. Admin. Code R. 6B-10.008 Agenda

History

• Rulemaking Authority 120.53(1)(d), 231.261(6)(d) FS. Law Implemented 120.53(1)(d) FS. History–New 5-13-81, Formerly 6B-10.08, Repealed 2-10-98.

Fla. Admin. Code R. 6B-10.009 Designation of Official Reporter

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53(2) FS. History–New 12-4-85, Amended 9-15-92, Repealed 7-13-21.

Fla. Admin. Code R. 6B-10.010 Authority for Rulemaking Regarding Indexing, Management and Availability of Final Orders

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 9-15-92, Repealed 1-18-16.

Fla. Admin. Code R. 6B-10.011 Purpose

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 9-15-92, Repealed 1-18-16.

Fla. Admin. Code R. 6B-10.012 Plan

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 9-15-92, Repealed 7-13-21.

Fla. Admin. Code R. 6B-10.013 Final Orders Required to be Indexed

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 9-15-92, Repealed 1-18-16.

Fla. Admin. Code R. 6B-10.014 Listing of Final Orders

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 9-15-92, Repealed 1-18-16.

Fla. Admin. Code R. 6B-10.015 Numbering of Final Orders

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 9-15-92, Repealed 1-18-16.

Fla. Admin. Code R. 6B-10.016 Maintenance of Records

History

• Rulemaking Authority 120.53 FS. Law Implemented 119.021(3) FS. History–New 9-15-92, Repealed 1-18-16.

Chapter 6B-11 DISCIPLINARY PROCEEDINGS, DENIALS

Fla. Admin. Code R. 6B-11.001 Administrative Complaint

History

• Rulemaking Authority 231.261(6)(d), 231.28, 231.36 FS. Law Implemented 120.53, 120.60, 231.261, 231.28, 231.36, 231.546(2) FS. History–New 2-17-81, Formerly 6B-11.01, Repealed 2-10-98.

Fla. Admin. Code R. 6B-11.002 Explanation and Election of Rights

History

• Rulemaking Authority 231.261(7)(d) FS. Law Implemented 120.53, 120.57, 120.60, 231.262 FS. History–New 2-17-81, Amended 5-31-81, Formerly 6B-11.02, Amended 2-2-87, 4-24-89, 6-22-93, Repealed 2-10-98.

Fla. Admin. Code R. 6B-11.003 Default

History

• Rulemaking Authority 231.261(6)(d) FS. Law Implemented 120.53, 231.262, 120.57, 120.60 FS. History–New 2-17-81, Formerly 6B-11.03, Repealed 5-3-03.

Fla. Admin. Code R. 6B-11.004 Election of Rights

History

• Rulemaking Authority 231.261(7)(d) FS. Law Implemented 120.53, 120.57, 120.60, 231.262 FS. History–New 2-17-81, Amended 5-3-82, Formerly 6B-11.04, Amended 2-2-87, 4-24-89, 4-30-95, Repealed 2-10-98.

Fla. Admin. Code R. 6B-11.005 Denial

History

• Rulemaking Authority 231.261(6)(d) FS. Law Implemented 120.53, 120.57, 120.60, 231.17, 231.62 FS. History–New 2-17-81, Formerly 6B-11.05, Repealed 2-10-98.

Fla. Admin. Code R. 6B-11.006 Ethics Violations

History

• Rulemaking Authority 231.261(6)(d) FS. Law Implemented 120.53, 231.262, 231.28, 231.546(2), 120.57, 120.60 FS. History–New 2-17-81, Formerly 6B-11.06, Repealed 12-30-82.

Fla. Admin. Code R. 6B-11.007 Disciplinary Guidelines

(1) When the Education Practices Commission finds that a person has committed any act for which the Commission may impose discipline, the Commission shall impose an appropriate penalty within the ranges set forth for various acts or violations in the following disciplinary guidelines unless, based upon consideration of aggravating and mitigating factors in the individual case which are among those set out in subsection (3), the Commission determines that a penalty outside the range in those guidelines but within statutory limitation is appropriate. In those cases in which the Commission relies on aggravating or mitigating factors to depart from the ranges in these disciplinary guidelines, such aggravating and mitigating factors shall be stated in the record of the case and in the Final Order imposing the applicable penalty.

(2) The following disciplinary guidelines shall apply to violations of the below listed statutory and rule violations and to the described actions which may be basis for determining violations of particular statutory or rule provisions. Each of the following disciplinary guidelines shall be interpreted to include “probation,” “Recovery Network Program,” “restrict scope of practice,” “fine,” and “administrative fees and/or costs” with applicable terms thereof as additional penalty provisions in each case in which neither a suspension or revocation is imposed, the penalty shall include a letter of reprimand. The terms “suspension” and “revocation” shall mean any length of suspension or revocation, including permanent revocation, permitted by statute, and shall include a comparable period of denial of an application for an educator’s certificate.

(a) Obtaining or attempting to obtain a Florida educator’s certificate by fraudulent means in violation of Section 1012.795(1)(a), F.S.

Probation – Revocation

(b) Knowingly failing to report actual or suspected child abuse as required in section 1006.061, F.S., or report alleged misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student as required in Section 1012.796, F.S., in violation of Section 1012.795(1)(b), F.S.

Probation – Revocation

(c)1. Being incompetent to teach or to perform duties as an educator due to physical or mental incapacity in violation of Section 1012.795(1)(c), F.S.

Suspension – Revocation

2. Being incompetent to teach or to perform duties as an educator due to inefficiency in violation of Section 1012.795(1)(c), F.S.

Suspension – Revocation

(d)1. Being guilty of gross immorality or an act involving moral turpitude as defined by Rule 6A-10.083, F.A.C., of the State Board of Education in violation of Section 1012.795(1)(d), F.S.

Probation – Revocation

2. When a student or school activity is involved.

Suspension – Revocation

(e) Having an educator certificate or other professional license sanctioned or otherwise acted against including, but not limited to, revocation, suspension, or surrender by this or another state in violation of Section 1012.795(1)(e), F.S.

Probation – Revocation

(f) Committing criminal acts, guilty or no contest pleas and/or convictions, or having had adjudication withheld in violation of Section 1012.795(1)(f), F.S.

Reprimand – Revocation

(g) Engaging in personal conduct which seriously reduces effectiveness as a district school board employee in violation of Section 1012.795(1)(g), F.S.

Probation – Revocation

(h) Having breached a contract, as provided in Sections 1012.33(2), 1012.335, F.S., in violation of Section 1012.795(1)(h), F.S.

Probation – Suspension

(i) Violating any order of the Education Practices Commission in violation of Section 1012.795(1)(l), F.S.

Probation – Revocation

(j) Violating the Principles of Professional Conduct in violation of Section 1012.795(1)(j), F.S. by:

1. Failing to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety [subparagraph 6A-10.081(2)(a)1., F.A.C.]

Reprimand – Revocation

2. Unreasonably restraining a student from independent action in pursuit of learning [subparagraph 6A-10.081(2)(a)2., F.A.C.]

Reprimand – Revocation

3. Unreasonably denying a student access to diverse points of view. [subparagraph 6A-10.081(2)(a)3., F.A.C.]

Reprimand – Revocation

4. Intentionally suppressing or distorting subject matter relevant to a student’s academic program. [subparagraph 6A-10.081(2)(a)4., F.A.C.]

Reprimand – Revocation

5. Intentionally exposing a student to unnecessary embarrassment or disparagement. [subparagraph 6A-10.018(2)(a)5., F.A.C.]

Reprimand – Revocation

6. Intentionally violating or denying a student’s legal rights. [subparagraph 6A-10.081(2)(a)6., F.A.C.]

Suspension – Revocation

7. Harassing or discriminating against any student on the basis of race, color, religion, sex, age, origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background or failing to make reasonable effort to assure that each student is protected from harassment or discrimination. [subparagraph 6A-10.081(2)(a)7., F.A.C.]

Suspension – Revocation

8. Exploiting a relationship with a student for personal gain or advantage. [subparagraph 6A-10.081(2)(a)8., F.A.C.]

Suspension – Revocation

9. Failing to keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law. [subparagraph 6A-10.081(2)(a)9., F.A.C.]

Probation – Revocation

10. Failing to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. [subparagraph 6A-10.081(2)(b)1., F.A.C.]

Reprimand – Revocation

11. Intentionally distorting or misrepresenting facts concerning an educational matter in direct or indirect public expression. [subparagraph 6A-10.081(2)(b)2., F.A.C.]

Probation – Revocation

12. Using institutional privileges for personal gain or advantage. [subparagraph 6A-10.081(2)(b)3., F.A.C.]

Reprimand – Revocation

13. Accepting a gratuity, gift, or favor that might influence professional judgment. [subparagraph 6A-10.081(2)(b)4., F.A.C.]

Reprimand – Revocation

14. Offering a gratuity, gift, or favor to obtain special advantages. [subparagraph 6A-10.081(2)(b)5., F.A.C.]

Probation – Revocation

15. Failing to maintain honesty in all professional dealings. [subparagraph 6A-10.081(2)(c)1., F.A.C.]

Reprimand – Revocation

16. Denying to a colleague professional benefits or advantages or participation in any professional organization on the basis of race, color, religion, sex, age, origin, political beliefs, marital status, handicapping condition if otherwise qualified, or social and family background. [subparagraph 6A-10.081(2)(c)2., F.A.C.]

Suspension – Revocation

17. Interfering with a colleague’s exercise of political or civil rights and responsibilities. [subparagraph 6A-10.081(2)(c)3., F.A.C.]

Probation – Revocation

18. Engaging in harassment or discriminatory conduct which unreasonably interferes with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which creates a hostile, intimidating, abusive, offensive, or oppressive environment or failing to make reasonable effort to assure that each individual is protected from such harassment or discrimination. [subparagraph 6A-10.081(2)(c)4., F.A.C.]

Suspension – Revocation

19. Making malicious or intentionally false statements about a colleague. [subparagraph 6A-10.081(2)(c)5., F.A.C.]

Reprimand – Revocation

20. Using coercive means or promising special treatment to influence professional judgments of colleagues. [subparagraph 6A-10.081(2)(c)6., F.A.C.]

Probation – Revocation

21. Misrepresenting one’s own professional qualifications. [subparagraph 6A-10.081(2)(c)7., F.A.C.]

Suspension – Revocation

22. Submitting fraudulent information on any document in connection with professional activities. [subparagraph 6A-10.081(2)(c)8., F.A.C.]

Suspension – Revocation

23. Making any fraudulent statement or failing to disclose a material fact in one’s own or another’s application for a professional position. [subparagraph 6A-10.081(2)(c)9., F.A.C.]

Probation – Revocation

24. Withholding information regarding a position from an applicant or misrepresenting an assignment or condition of employment. [subparagraph 6A-10.081(2)(c)10., F.A.C.]

Reprimand – Revocation

25. Failing to provide upon the request of the certificated individual a written statement of specific reasons for recommendations that lead to the denial of increments, significant changes in employment, or termination of employment. [subparagraph 6A-10.081(2)(c)11., F.A.C.]

Reprimand – Revocation

26. Assisting entry into or continuance in the profession of any person known to be unqualified in accordance with these Principles of Professional Conduct for the Education Profession in Florida and other applicable Florida Statutes and State Board of Education Rules. [subparagraph 6A-10.081(2)(c)12., F.A.C.]

Probation – Revocation

27. Failing to self-report within 48 hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance or failing to report any conviction, finding of guilty, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or nolo contendere for any criminal offense other than a minor traffic violation within 48 hours after the final judgment. [subparagraph 6A-10.081(2)(c)13., F.A.C.]

Reprimand – Revocation

28. Failing to report to appropriate authorities any known allegation of a violation of the Florida School Code or State Board of Education Rules. [subparagraph 6A-10.081(2)(c)14., F.A.C.]

Reprimand – Revocation

29. Seeking reprisal against any individual who has reported any allegation of a violation of the Florida School Code or State Board of Education Rules. [subparagraph 6A-10.081(2)(c)15., F.A.C.]

Probation – Revocation

(k) Violating other provisions of law, the penalty for which is revocation of the educator certificate in violation of Section 1012.795(1)(k), F.S.

Revocation

(l) Being subject of a court order or plea agreement in any jurisdiction which requires the certificate holder to surrender or otherwise relinquish his or her educator’s certificate in violation of Section 1012.795(1)(m), F.S.

Revocation

(m) Being disqualified from educator certification under Section 1012.315, F.S.

Revocation

(n) Having committed a third recruiting offense as determined by the Florida High School Athletic Association (FHSAA) in violation of Section 1012.795(1)(o), F.S.

Revocation for a minimum of three years

(o) Violated test security in violation of Section 1012.795(1)(p), F.S.

Reprimand – Suspension

(p) Other violations of Section 1012.795, F.S.

Probation – Revocation or such penalty as is required by statute

(q) Multiple categories of violations enumerated above in concurrent or consecutive terms.

EPC will apply penalties

(3) Based upon consideration of aggravating and mitigating factors present in an individual case, the Commission may deviate from the penalties recommended in subsection (2). The Commission may consider the following as aggravating or mitigating factors:

(a) The severity of the offense;

(b) The danger to the public;

(c) The number of repetitions of offenses;

(d) The length of time since the violation;

(e) The number of times the educator has been previously disciplined by the Commission;

(f) The length of time the educator has practiced and the contribution as an educator;

(g) The actual damage, physical or otherwise, caused by the violation;

(h) The deterrent effect of the penalty imposed;

(i) The effect of the penalty upon the educator’s livelihood;

(j) Any effort of rehabilitation by the educator;

(k) The actual knowledge of the educator pertaining to the violation;

(l) Employment status;

(m) Attempts by the educator to correct or stop the violation or refusal by the educator to correct or stop the violation;

(n) Related violations against the educator in another state including findings of guilt or innocence, penalties imposed and penalties served;

(o) Actual negligence of the educator pertaining to any violation;

(p) Penalties imposed for related offenses under subsection (2), above;

(q) Pecuniary benefit or self-gain inuring to the educator;

(r) Degree of physical and mental harm to a student or a child;

(s) Present status of physical and/or mental condition contributing to the violation including recovery from addiction;

(t) Any other relevant mitigating or aggravating factors under the circumstances.

(4) These guidelines shall not be interpreted as limitations on penalties assessed within statutory parameters as a result of a negotiated settlement agreement offered by the parties. However, a panel of the EPC shall not be prohibited from rejecting a proposed stipulation. Furthermore, a panel of the EPC may direct that the basis for a penalty arrived at as a result of a settlement agreement of the parties be stated in the final order.

(5) The above guidelines notwithstanding, any individual who committed violations where the Commission imposed a penalty on two prior occasions shall have their certificate permanently revoked as the penalty for a third or subsequent disciplinary case appearing before the Commission. The Commission will not count the following as prior discipline for purposes of this subsection:

(a) Penalties for administrative violations of failing to submit annual reports or failing to pay a probation fee ordered by the Commission; and

(b) First-time penalties against an applicant for certification who has never been disciplined by the Commission.

History

• Rulemaking Authority 1012.79(7), 1012.795(6)(b) FS. Law Implemented 1012.795, 1012.796(7), (8) FS. History–New 2-27-94, Amended 3-22-07, 4-9-09, 5-29-18, 12-10-19.

Fla. Admin. Code R. 6B-11.008 Probation

(1) Florida educators, other than substitute teachers, who are ordered by the Education Practices Commission to serve a term of probation, shall begin such term upon first employment in a position requiring a Florida educator’s certificate after the effective date of such order, unless such order includes specific contrary provisions. A term of probation of less than nine months shall be served in consecutive months of such employment broken only by periods of unemployment as a Florida educator. A term of probation of one or more years shall be served by that number of full (at least nine months) school teaching years or consecutive portion of such years broken only by periods of unemployment in a position requiring a Florida teaching certificate.

(2) A substitute teacher who holds a Florida educator’s certificate and who is required to serve a period of probation shall receive credit for probation time served under the following limitations and conditions:

(a) One year’s probation shall consist of 180 days of employment made up of periods of not less than 10 consecutive school days served in any one teaching assignment requiring a Florida educator’s certificate;

(b) An upper level administrator of the probationer’s employer shall agree to furnish the Commission with such reports and evaluations as may be required under the terms of probation; and,

(c) The probationer’s written notice of intent to count substitute teaching time as part of the probation period shall be submitted to the Commission prior to commencing such teaching.

(3) Each Florida educator ordered to serve a term of probation shall, as a condition of such probation, pay to the Education Practices Commission a fee at the rate of $150.00 per probation year for the administrative costs of monitoring compliance with all conditions of probation. The fee for each year of probation shall be paid in full within the first six months of such year.

History

• Rulemaking Authority 1012.79(7)(d) FS. Law Implemented 1012.795(1), 1012.796(7) FS. History–New 2-27-94, Amended 4-30-95, 1-26-97, Technical Change 3-12-26

Division 6C3 Florida Agriculture and Mechanical University

Chapter 6C3-1 LOCATION, ORGANIZATION, FUNCTIONS, AND FACULTY AFFAIRS

Fla. Admin. Code R. 6C3-1 LOCATION, ORGANIZATION, FUNCTIONS, AND FACULTY AFFAIRS

CHAPTER 6C3-1 LOCATION, ORGANIZATION, FUNCTIONS, AND FACULTY AFFAIRS 6C3-1.017 Succession to Administrative Authority and Responsibility of the President (Repealed) 6C3-1.017 Succession to Administrative Authority and Responsibility of the President. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 7-28-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C3-2 STUDENT AFFAIRS

Fla. Admin. Code R. 6C3-2 STUDENT AFFAIRS

CHAPTER 6C3-2 STUDENT AFFAIRS 6C3-2.001 Housing (Repealed) 6C3-2.002 Veterans (Repealed) 6C3-2.003 International Students (Repealed) 6C3-2.004 Career, Human Growth and Development Center Testing Services (Repealed) 6C3-2.005 Career Development Services (Repealed) 6C3-2.006 Counseling Services (Repealed) 6C3-2.007 Withdrawal from University (Repealed) 6C3-2.008 Health Service (Repealed) 6C3-2.009 Student Activities (Repealed) 6C3-2.010 Student Traffic Court 6C3-2.011 Student Disciplinary Records (Repealed) 6C3-2.012 Conduct, Student Code of (Repealed) 6C3-2.013 Due Process (Repealed) 6C3-2.014 Financial Aid (Repealed) 6C3-2.015 Admissions (Repealed) 6C3-2.016 Tuition and Fees (Repealed) 6C3-2.017 Registration (Repealed) 6C3-2.018 Residency and Non-residency Status (Repealed) 6C3-2.019 Credit, Transfer and Examination (Repealed) 6C3-2.020 Acceleration Mechanisms for Program Completion (Repealed) 6C3-2.021 Academic Records and Grades (Repealed) 6C3-2.022 Access to Records (Repealed) 6C3-2.023 Graduation Requirements, Honors and Commencement (Repealed) 6C3-2.024 Eligibility for Student Government Association Offices (Repealed) 6C3-2.025 Popular Concerts and Activities (Repealed) 6C3-2.026 Student Meal Plan (Repealed) 6C3-2.027 Student Publications (Repealed) 6C3-2.028 Anti-hazing 6C3-2.029 President's Scholars Award Program (Repealed) 6C3-2.030 Student Activities (Repealed) 6C3-2.031 Monetary Reward Program (Repealed) 6C3-2.001 Housing. Rulemaking Authority 120.53(1)(a), (b), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 10-1-75, Amended 1-12-77, 7-2-78, 11-10-83, Amended 7-20-86, Formerly 6C3-2.01, Amended 9-14-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. BOR Rule 6C-6.013, F.A.C. 6C3-2.002 Veterans. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Formerly 6C3-2.02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. FAMU Rule 6C3-4.008, General Catalog of the University. 6C3-2.003 International Students. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS., 6C-6.009, 6C-9.013, F.A.C. History–New 10-1-75, Formerly 6C3-2.03, Amended 9-14-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. FAMU Rules 6C3-2.014 and 6C3-2.015. 6C3-2.004 Career, Human Growth and Development Center Testing Services. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Formerly 6C3-2.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. FAMU Rule 6C3-4.008, General Catalog of the University. 6C3-2.005 Career Development Services. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1), 228.2001 FS. History–New 10-1-75, Formerly 6C3-2.05, Amended 9-14-87, 12-3-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. BOR Rule 6C-5.103 and FAMU Rule 6C3-10.103, F.A.C. 6C3-2.006 Counseling Services. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1), 228.093 FS. History–New 10-1-75, Formerly 6C3-2.06, Amended 9-14-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.007 Withdrawal from University. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Amended 7-19-85, Amended 7-20-86, Formerly 6C3-2.07, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. Rule 6C3-4.008, General Catalog of the University regarding section on withdrawals. 6C3-2.008 Health Service. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS., 6C-7.003(5), 6C3-3.013, F.A.C. History–New 10-1-75, Formerly 6C3-2.08, Amended 9-14-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.009 Student Activities. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Amended 3-8-76, Formerly 6C3-2.09, Repealed 9-14-87. 6C3-2.010 Student Traffic Court. The Student Traffic Court is established to hear and dispose of all traffic and parking violations falling within its jurisdiction, as necessary, to insure proper handling of all cases and to protect the defendant’s right to a speedy trial. All monies collected go toward the cost of administering the traffic system and student scholarships. The Court will request the Office of the Comptroller to place a hold on a student’s registration at the University when the student fails to satisfy his fine obligation with the Court. Rulemaking Authority 120.53(1), 240.227(1), 240.266(2) FS. Law Implemented 120.53(1), 240.227(1), 240.266(2) FS., 6C-7.002(22), (24), F.A.C. History–New 10-1-75, Formerly 6C3-2.10. Cf. FAMU Rule 6C3-3.004, Traffic. 6C3-2.011 Student Disciplinary Records. Rulemaking Authority 120.53(1), 240.227(1), 240.237, 228.093 FS. Law Implemented 120.53(1), 240.227(1), 228.093 FS. History–New 10-1-75, Amended 11-4-79, Formerly 6C3-2.11, Amended 9-14-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. FAMU Rule 6C3-2.022, Access to Records, F.A.C. 6C3-2.012 Conduct, Student Code of. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10)(e), 1006.60, 1006.61, 1006.62, 1006.63 FS. History–New 10-1-75, Repromulgated 3-8-76, Amended 8-6-78, 12-22-83, Formerly 6C3-2.12, Amended 9-14-87, 1-26-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. BOR University Rule 6C3-2.028, F.A.C., on anti-hazing. 6C3-2.013 Due Process. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 120.57(5), 240.227(1) FS. History–New 10-1-75, Formerly 6C3-2.13, Amended 9-14-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.014 Financial Aid. Rulemaking Authority 120.53(1)(a), 240.227(1), 240.287 FS. Law Implemented 240.227(1), 120.53(1)(a), 240.235(2), 240.291, Chapter 240, Part IV, FS., 6C-7.003(26), F.A.C. History–New 10-1-75, Amended 11-10-80, Formerly 6C3-2.14, Amended 9-14-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.015 Admissions. Rulemaking Authority 1001.74(10)(a) FS. Law Implemented 1007.261 FS. History–New 10-1-75, Amended 7-12-76, 11-4-79, 11-10-82, Formerly 6C3-2.15, Amended 9-14-87, 1-26-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.016 Tuition and Fees. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS., 6C-7.001-7.004, 6C-7.007, 6C-7.008, F.A.C. History–New 10-1-75, Formerly 6C3-2.16, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.017 Registration. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Formerly 6C3-2.17, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.018 Residency and Non-residency Status. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS., 6C-7.005, 6C-7.006, F.A.C. History–New 11-1-75, Formerly 6C3-2.18, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.019 Credit, Transfer and Examination. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS., 6C-6.003, 6C-6.004, 6C-6.005, F.A.C. History–New 10-1-75, Formerly 6C3-2.19, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.020 Acceleration Mechanisms for Program Completion. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS., 6C-6.006, F.A.C. History–New 10-1-75, Formerly 6C3-2.20, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.021 Academic Records and Grades. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1), 240.237 FS., 6C-6.015, F.A.C. History–New 10-1-75, Formerly 6C3-2.21, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.022 Access to Records. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 228.093, 240.237 FS., 6C-6.015, F.A.C. History–New 10-1-75, Formerly 6C3-2.22, Amended 9-14-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.023 Graduation Requirements, Honors and Commencement. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.107(3), 240.227(1), (17) FS., 6C-6.004(5), 6C-6.017, F.A.C. History–New 10-1-75, Formerly 6C3-2.23, Amended 9-14-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.024 Eligibility for Student Government Association Offices. Rulemaking Authority 120.53(1), 240.227(1) FS., 6C-6.011(1), F.A.C. Law Implemented 120.53(1), 240.227(1) FS. History–New 11-3-76, Formerly 6C3-2.24, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.025 Popular Concerts and Activities. Rulemaking Authority 240.227(1), 120.53(1)(a) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 12-21-76, Amended 10-16-83, Formerly 6C3-2.25, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. BOR Rules 6C-5.251, 6C-4.001(5) and University Rules 6C3-10.301(2), 6C3-10.219, F.A.C. 6C3-2.026 Student Meal Plan. Rulemaking Authority 120.53(1)(a), 240.227(1), 243.04(1), (5) FS., 6C-6.011(1), 6C-9.013(1), (2), (3), (4), F.A.C. Law Implemented 120.53(1)(a), 240.227(1), 243.04(1), (5) FS., 6C-6.011(1), 6C-9.013(1), (2), (3), (4), F.A.C. History–New 7-17-78, Formerly 6C3-2.26, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.027 Student Publications. Rulemaking Authority 120.53(1), 240.227(1) FS., 6C-6.012(7)(a), F.A.C. Law Implemented 120.53(1), 240.227(1) FS., 6C-6.012(7)(a), F.A.C. History–New 3-30-79, Formerly 6C3-2.27, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.028 Anti-hazing. (1) It is the policy of Florida Agricultural and Mechanical University that any student(s), group(s) of students, or student organization(s) affiliated with the Florida Agricultural and Mechanical University are prohibited from engaging in any form(s) of hazing activities. (2) The term hazing shall include, but not be limited to, any brutality of a physical nature, such as striking in any manner, whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of food, liquor, drugs, or other substances, or other forced physical activities which would adversely affect the health or safety of the individual, and also includes any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contacts, forced conduct which would be demeaning or results in extreme embarrassment or any other forced activity which could adversely affect the mental health or dignity of the individual. For purposes of this section, any activity as described above, upon which the initiation or admission into or affiliation with a university organization is directly or indirectly a condition, shall be presumed to be a “forced” activity, the willingness of an individual to participate in such activity notwithstanding. (3) Penalties – Any student(s), student group(s), or student organization(s) which are affiliated with the Florida Agricultural and Mechanical University, on campus or off-campus, that are found responsible for hazing will be subject to appropriate sanctions by the university, which may include the imposition of fines; withholding of grade(s), transcripts and/or diplomas pending payment of fines or pending compliance with the current Student Code of Conduct, rule 6C3-2.012, F.A.C., of which this rule becomes a part of; the imposition of probation, suspension, dismissal or expulsion of said person(s) or organization(s), and/or the rescission of permission for the University sanctioned organization(s) to operate on the Florida A&M University campus or to otherwise operate under the sanction of the University. (4) All penalties imposed by the University do not absolve the student(s), group(s) of students, or student organization(s) from any penalty imposed for violation of criminal laws of the State of Florida or for violation of any other university rule(s) to which the violator(s) may be subject. (5) All existing university sanctioned organizations are required to amend their existing by-laws to include an anti-hazing section, and all future university sanctioned organizations must include the same in their by-laws. A copy of the by-laws shall be kept on file in the Office of Student Activities. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10)(d), (e), 1006.60, 1006.61, 1006.62, 1006.63 FS. History–New 4-3-83, Formerly 6C3-2.28, Amended 1-26-04. 6C3-2.029 President’s Scholars Award Program. Rulemaking Authority 240.227(1) FS. Law Implemented 240.287 FS. History–New 6-30-85, Formerly 6C3-2.29, Amended 9-14-87, 9-5-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.030 Student Activities. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 240.132(1), 240.227(1), 240.262 FS., 6C-6.010, F.A.C. History–New 9-14-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-2.031 Monetary Reward Program. Rulemaking Authority 120.53(1)(a), 240.227(1), 240.261 FS. Law Implemented 120.53(1)(a), 240.227(1), 240.262 FS. History–New 9-12-89, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C3-3 ADMINISTRATION

Fla. Admin. Code R. 6C3-3 ADMINISTRATION

CHAPTER 6C3-3 ADMINISTRATION 6C3-3.001 Personnel Records (Repealed) 6C3-3.002 Physical Plant (Repealed) 6C3-3.003 Finance and Accounting (Repealed) 6C3-3.004 Traffic 6C3-3.005 Administrative Computer Center (Repealed) 6C3-3.006 Purchasing (Repealed) 6C3-3.007 Office of Administration (Repealed) 6C3-3.008 Space (Repealed) 6C3-3.009 Payment of Fees (Repealed) 6C3-3.010 Code of Penalties (Repealed) 6C3-3.011 Commercial Solicitation (Repealed) 6C3-3.012 Waiver of Non-Florida Tuition (Repealed) 6C3-3.013 Establishment of Fees (Repealed) 6C3-3.014 Intercollegiate Athletic Scholarships (Repealed) 6C3-3.015 Library Fines (Repealed) 6C3-3.016 Environmental Health and Safety Program (Repealed) 6C3-3.017 Schedule of Tuition and Fees (Repealed) 6C3-3.001 Personnel Records. Rulemaking Authority 120.53(1)(a), 119.07(3)(a), 240.227(1), 240.253 FS. Law Implemented 120.53(1)(a), 240.227(1), 240.253 FS. History–New 10-1-75, Amended 11-4-79, 4-6-81, 11-10-83, Formerly 6C3-3.01, Amended 12-27-88, Repealed 9-29-98. 6C3-3.002 Physical Plant. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Formerly 6C3-3.02, Repealed 9-29-98. 6C3-3.003 Finance and Accounting. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Formerly 6C3-3.03, Repealed 9-29-98. 6C3-3.004 Traffic. (1) All motor vehicles operated on University property at any time by students, faculty or staff must be registered for the period of September 1 to August 31 each year. A registration fee will be charged for each vehicle registered. The amount of the fee will be based on the type of decal or permit issued. (2) All students and employees of the University as well as other motorists on University property are expected to adhere to the established traffic regulations as printed in the booklet, University Parking and Traffic Regulations, effective August 1, 2002, which is incorporated by reference into this rule. A copy of the booklet is distributed throughout the campus and is available in the Office of University Parking and Transportation Services and the University Police Department. (3) The following forms, effective August 1, 2001, listed in the booklet, University Parking and Traffic Regulations, are incorporated herein by reference and are available in the Office of University Parking and Transportation Services: (a) Vehicle Registration Form – FAM.UPS-1; (b) Lost/Stolen/Damaged Decal Affidavit Form – FAM.UPS-2; (c) Decal Replacement Form – FAM.UPS-3; (d) Parking and Traffic Appeal Form – FAM.UPS-4; (e) Immobilization Notice Form – FAM.UPS-5; (f) Towed/Immobilized Vehicle Authorization Release Form – FAM.UPS-6; (g) Appeals Ruling Report Form – FAM.UPS-7; (h) Gated Lot(s) Lottery Application Form – FAM.UPS-8; (i) Transmittal of Authorization Form – FAM.UPS-9; (j) Special Events Request Form – FAM.UPS-10; and, (k) Employee Payroll Deduction Form – FAM.UPS-11. (4) The following documents, effective August 1, 2001, in the booklet, University Parking and Traffic Regulations, are incorporated herein by reference and are available in the Office of University Parking and Transportation Services: (a) City of Tallahassee Ordinance, Number 95-0-0018; and, (b) Tallahassee Code, Article VI, Rotation System Towing. Rulemaking Authority 229.0081(2), 240.264 FS. Law Implemented 240.202, 240.263, 240.265, 240.266, 240.267, 240.268, 316.003, 316.008, 316.1945, 316.1959, 316.640 FS. History–New 10-1-75, Formerly 6C3-3.04, Amended 9-30-96, 5-25-00, 8-20-01, 11-28-02. Cf. BOR Rule 6C-7.003(33) and (34) on parking fines, decals, and transportation access fee, and University Rule 6C3-3.011 on commercial solicitation. 6C3-3.005 Administrative Computer Center. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Formerly 6C3-3.05, Repealed 9-29-98. 6C3-3.006 Purchasing. Rulemaking Authority 120.53(1), 240.042(1) FS. Law Implemented 120.53(1) FS. History–New 10-1-75, Formerly 6C3-3.06, Repealed 2-1-83. 6C3-3.007 Office of Administration. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Formerly 6C3-3.07, Repealed 9-29-98. 6C3-3.008 Space. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Formerly 6C3-3.08, Repealed 9-29-98. 6C3-3.009 Payment of Fees. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.202, 240.235 FS. History–New 10-1-75, Amended 12-3-81, 12-31-85, Formerly 6C3-3.09, Amended 7-20-86, 6-17-87, 1-6-92, 8-31-95, 8-18-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. BOR Rule 6C-7.003 on special fees, fines and penalties. 6C3-3.010 Code of Penalties. Rulemaking Authority 240.261, 120.53(1)(a), 240.227(1) FS. Law Implemented 240.261, 240.227(25), 240.291, 240.133 FS. History–New 11-4-79, Amended 7-15-81, Formerly 6C3-3.10 Repealed by Section 36, Chapter 2010-78, Laws of Florida Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-3.011 Commercial Solicitation. Rulemaking Authority 120.53(1)(a), 120.60, 240.227(1), 240.263, 240.267 FS. Law Implemented 120.53(1)(a), 120.60, 240.227(1), 240.263, 240.267 FS. History–New 10-30-83, Formerly 6C3-3.11 Repealed by Section 21, Chapter 2011-177, Laws of Florida. Cf. BOR Rules 6C-4.0001(5), 6C-9.006, and FAMU Rule 6C3-3.004, F.A.C. 6C3-3.012 Waiver of Non-Florida Tuition. Rulemaking Authority 120.53(1)(a), 120.60, 240.227(1), 240.263, 240.267 FS. Law Implemented 120.53(1)(a), 120.60, 240.227(1), 240.263, 240.267 FS. History–New 10-30-83, Formerly 6C3-3.11, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-3.012 Waiver of Non-Florida Tuition. Rulemaking Authority 120.53(1)(a), 240.227(1), (8), 240.233(2) FS. Law Implemented 240.227(1), (3), (8), 240.233(2) FS. History–New 10-16-83, Formerly 6C3-3.12, Repealed 9-29-98. 6C3-3.013 Establishment of Fees. Rulemaking Authority 120.53(1)(a), 240.227(1), 240.235 FS. Law Implemented 240.235(1(a), (b), (c) FS. History–New 5-16-84, Formerly 6C3-3.13, Repealed 9-29-98. 6C3-3.014 Intercollegiate Athletic Scholarships. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 240.287 FS. History–New 4-4-85, Formerly 6C3-3.14 Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. Financial Information Section of University Catalog-University Rule 6C3-4.008, F.A.C. 6C3-3.015 Library Fines. Rulemaking Authority 240.227(1) FS. Law Implemented 240.202, 240.291 FS. History–New 7-20-86, Amended 9-15-88 Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-3.016 Environmental Health and Safety Program. Rulemaking Authority 240.227(1), 240.202 FS. Law Implemented 240.227(1), 284.50, 442, 440.56(1) FS. History–New 1-4-88 Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-3.017 Schedule of Tuition and Fees. Rulemaking Authority 1001.74(4) FS., Law Implemented General Appropriations Act, 2004-05, Conference Report on HB 1835, 2004 Legislature, 1001.74(11), 1009.01, 1009.21, 1009.24, 1009.28, 1009.285 FS. History–New 11-19-02, Amended 11-26-03, 10-19-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C3-4 ACADEMIC AFFAIRS

Fla. Admin. Code R. 6C3-4 ACADEMIC AFFAIRS

CHAPTER 6C3-4 ACADEMIC AFFAIRS 6C3-4.001 Curriculum Requirements (Repealed) 6C3-4.002 Academic Grievances (Repealed) 6C3-4.003 College and School Governance (Repealed) 6C3-4.004 Student Advisement and Transcript Evaluation (Repealed) 6C3-4.005 Faculty Meetings Attendance (Repealed) 6C3-4.006 Miscellaneous Requirements of Faculty and Staff (Repealed) 6C3-4.007 Board of Regents Policies (Repealed) 6C3-4.008 General Catalog of the University (Repealed) 6C3-4.009 Degree Program Enrollment Requirements (Repealed) 6C3-4.010 Performing and Visual Arts Scholarships (Repealed) 6C3-4.011 Deletion of Courses (Repealed) 6C3-4.001 Curriculum Requirements. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Repromulgated 3-8-76, Formerly 6C3-4.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. 120.52(15)(c)4. FS., on Rule Exclusion-Curricula. 6C3-4.002 Academic Grievances. Rulemaking Authority 120.53(1), 240.227(1) FS., 6C-6.011(1), F.A.C. Law Implemented 120.53(1), 240.227(1) FS., 6C-6.011(3), F.A.C. History–New 10-1-75, Formerly 6C3-4.02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-4.003 College and School Governance. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 120.52(15)(a) FS. History–New 10-1-75, Formerly 6C3-4.03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-4.004 Student Advisement and Transcript Evaluation. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS., 6C-6.004(5), F.A.C. History–New 10-1-75, Formerly 6C3-4.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-4.005 Faculty Meetings Attendance. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–10-1-75, Formerly 6C3-4.05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-4.006 Miscellaneous Requirements of Faculty and Staff. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Formerly 6C3-4.06, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-4.007 Board of Regents Policies. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 10-1-75, Formerly 6C3-4.07, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. BOR Chapter 6C-1 et seq., F.A.C. 6C3-4.008 General Catalog of the University. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(4), 240.227(8),(14), 240.233, 240.287 FS. History–New 6-22-83, Amended 11-10-83, 1-29-84, Formerly 6C3-4.08, Amended 4-26-94, 12-26-96, 3-24-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. Section 120.81(1)(a) FS., on Rule Exclusion – Curricula; BOR Rules on admissions – Rules 6C-6.001 through 6C-6.009, F.A.C. BOR Form Rule 6C-1.012, F.A.C. 6C3-4.009 Degree Program Enrollment Requirements. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), (8), 240.233(5) FS. History–New 11-10-83, Amended 5-16-84, Formerly 6C3-4.09, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. 120.52(15)(c)4. FS., on Rule Exclusion-Curricula and BOR Rule 6C-6.017(4), F.A.C., on other Degree Program Requirements by the University. 6C3-4.010 Performing and Visual Arts Scholarships. Rulemaking Authority 120.53(1), 240.227(1), 240.287 FS. Law Implemented 240.287 FS. History–New 12-31-85, Formerly 6C3-4.10, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-4.011 Deletion of Courses. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(b), 233.015, 240.202, 240.227 FS. History–New 1-23-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C3-5 MISCELLANEOUS PROVISIONS

Fla. Admin. Code R. 6C3-5 MISCELLANEOUS PROVISIONS

CHAPTER 6C3-5 MISCELLANEOUS PROVISIONS 6C3-5.001 Rule-making (Repealed) 6C3-5.002 Student and Faculty Grievances (Repealed) 6C3-5.004 Guest Admission (Repealed) 6C3-5.001 Rule-making. Rulemaking Authority 120.52(1), 120.53(1) FS. Law Implemented 120.53(1), 120.54 FS. History–New 10-1-75, Formerly 6C3-5.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-5.002 Student and Faculty Grievances. Rulemaking Authority 120.53(1), 240.227(1) FS., 6C-6.011(1), F.A.C. Law Implemented 120.53, 120.54(4)(a)-(d) FS., 6C-6.011(3), F.A.C. History– New 10-1-75, Formerly 6C3-5.02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-5.004 Guest Admission. Rulemaking Authority 240.227(1), (27) FS. Law Implemented 240.202, 240.227(13), (15) FS. History–New 1-29-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C3-6 PURCHASING PROGRAM

Fla. Admin. Code R. 6C3-6 PURCHASING PROGRAM

CHAPTER 6C3-6 PURCHASING PROGRAM 6C3-6.002 Standard of Conduct (Repealed) 6C3-6.003 Application (Repealed) 6C3-6.004 Definitions (Repealed) 6C3-6.005 Procurement Organization (Repealed) 6C3-6.006 Director of Purchasing (Repealed) 6C3-6.007 Purchase of Commodities/Contractual Services (Repealed) 6C3-6.008 No General Contract for Class B Printing (Repealed) 6C3-6.010 Sole Source Procurements and Other Exemptions (Repealed) 6C3-6.011 Emergency Procurement (Repealed) 6C3-6.016 Use of State Contracts (Repealed) 6C3-6.019 Reporting of Anti-competitive Practices (Repealed) 6C3-6.020 Bonds (Repealed) 6C3-6.021 Acquisition of Printing, Duplicating and Reproductive Equipment (Repealed) 6C3-6.022 Authority to Resolve Protested Solicitations and Awards (Repealed) 6C3-6.023 Authority to Debar or Suspend Vendors (Repealed) 6C3-6.024 Cooperative Purchasing (Repealed) 6C3-6.028 Sponsored Research Exemptions (Repealed) 6C3-6.002 Standard of Conduct. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), 287.042(13) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(13), 287.042 FS. History–New 2-17-81, Formerly 6C3-6.02, Amended 9-19-88, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.003 Application. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), 287.042(13) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), 287.042 FS. History–New 2-17-81, Formerly 6C3-6.03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.004 Definitions. Rulemaking Authority 240.227(1) FS. Law Implemented 240.225, 240.227(12), (13), 287.017, 287.042(8) FS. History–New 2-17-81, Amended 2-3-83, Formerly 6C3-6.04, Amended 8-21-88, 1-4-98, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.005 Procurement Organization. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (15), 287.042(13) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (15), 287.057, 287.042 FS. History–New 2-17-81, Formerly 6C3-6.05, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.006 Director of Purchasing. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), 287.042(13) FS. Law Implemented 120.53(1)(a), 240.202, 240.225, 240.227(12), (13), 287.042 FS. History–New 2-17-81, Formerly 6C3-6.06, Amended 5-13-86, 9-19-88, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.007 Purchase of Commodities/Contractual Services. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12), (13), 287.042(4), (4)(b), (13), 287.057(1), (2), (3), (4), (8), (12), 287.0572, 287.063 FS. History–New 2-17-81, Amended 2-3-83, Formerly 6C3-6.07, Amended 8-21-88, 1-4-98, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.008 No General Contract for Class B Printing. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(12), (13), 287.102, 283.42 FS. History–New 2-17-81, Formerly 6C3-6.08, Amended 8-21-88, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.010 Sole Source Procurements and Other Exemptions. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12), (13), 287.042(2)(a), (13), 287.057(3)(c) FS. History–New 2-17-81, Formerly 6C3-6.10, Amended 1-4-88, 9-19-88, 1-4-98, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.011 Emergency Procurement. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), 287.042(13) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), 287.062, 287.042, 283.03 FS. History–New 2-17-81, Formerly 6C3-6.11, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.016 Use of State Contracts. Rulemaking Authority 240.227(1) FS. Law Implemented 287.057(3)(b), (18) FS. History–New 2-17-81, Formerly 6C3-6.16, Amended 9-19-88, 1-4-98, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.019 Reporting of Anti-competitive Practices. Rulemaking Authority 120.53(1)(a), 240.227(1), 240.225, 287.042(13) FS. Law Implemented 120.53(1)(a), 240.202, 240.225, 240.227(13), 287.042 FS. History–New 2-17-81, Formerly 6C3-6.19, Amended 9-19-88, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.020 Bonds. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), 287.042(13) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(13), 287.042, 255.05 FS. History–New 2-17-81, Amended 2-3-83, Formerly 6C3-6.20, Repealed by Section 22, Chapter 2011-177, Laws of Florida. 6C3-6.021 Acquisition of Printing, Duplicating and Reproductive Equipment. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), 287.042(13) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), 287.042, 287.043, 283.03 FS. History–New 2-17-81, Formerly 6C3-6.21, Repealed by Section 21, Chapter 2011-77, Laws of Florida. 6C3-6.022 Authority to Resolve Protested Solicitations and Awards. Rulemaking Authority 120.53(5), 240.225, 240.227(1) FS. Law Implemented 120.53(5), 120.57(2), 240.225, 240.227(13), 287.042(2)(b), (c), (4) FS. History–New 2-17-81, Formerly 6C3-6.22, Amended 5-13-86, 8-21-88, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.023 Authority to Debar or Suspend Vendors. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), 287.042(13) FS. Law Implemented 120.53(1)(a), 120.57(2), 120.60(1), (6), (7), 240.225, 240.227(1), 287.042 FS. History–New 2-17-81, Formerly 6C3-6.23, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.024 Cooperative Purchasing. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), 287.042(13) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), 287.042 FS. History–New 2-17-81, Formerly 6C3-6.24, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C3-6.028 Sponsored Research Exemptions. Rulemaking Authority 120.53(1)(b) FS. Law Implemented 240.241(2), (7), (9), (12) FS. History–New 1-23-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C3-7 LEASED PROGRAM

Fla. Admin. Code R. 6C3-7 LEASED PROGRAM

CHAPTER 6C3-7 LEASED PROGRAM 6C3-7.001 Purpose (Repealed) 6C3-7.002 Definitions (Repealed) 6C3-7.003 Approval (Repealed) 6C3-7.004 Standard Lease Agreement Form (Repealed) 6C3-7.005 Escalation Clauses Prohibited (Repealed) 6C3-7.006 Right-to-terminate Clause Required (Repealed) 6C3-7.007 Renewal of Lease (Repealed) 6C3-7.008 Code Compliance in Leased Space (Repealed) 6C3-7.009 Lease of 5,000 Square Feet or More (Repealed) 6C3-7.010 Disclosure Statements: Private Entities, Public Officials (Repealed) 6C3-7.011 Legal Review (Repealed) 6C3-7.012 Certification of Compliance (Repealed) 6C3-7.013 Standard Method of Space Measurements (Repealed) 6C3-7.014 Space Allocation (Repealed) 6C3-7.015 Rental Rates (Repealed) 6C3-7.017 Nominal or No Consideration Leases (Repealed) 6C3-7.018 Lease Not Requiring Competitive Solicitation (Repealed) 6C3-7.001 Purpose. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 2-17-81, Formerly 6C3-7.01, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.002 Definitions. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 2-17-81, Formerly 6C3-7.02, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.003 Approval. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 2-17-81, Formerly 6C3-7.03, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.004 Standard Lease Agreement Form. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 2-17-81, Formerly 6C3-7.04, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.005 Escalation Clauses Prohibited. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 2-17-81, Formerly 6C3-7.05, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.006 Right-to-terminate Clause Required. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 2-17-81, Formerly 6C3-7.06, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.007 Renewal of Lease. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 2-17-81, Formerly 6C3-7.07, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.008 Code Compliance in Leased Space. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 2-17-81, Formerly 6C3-7.08, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.009 Lease of 5,000 Square Feet or More. Rulemaking Authority 1001.74(4), 1013.17 FS. Law Implemented 1001.74(5), 1001.75(5), 1013.17 FS. History–New 2-17-81, Formerly 6C3-7.09, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.010 Disclosure Statements: Private Entities, Public Officials. Rulemaking Authority 1001.74(4), 1013.171 FS. Law Implemented 1001.74(5), 1001.75(5), 1013.171 FS. History–New 2-17-81, Formerly 6C3-7.10, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.011 Legal Review. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5) FS. History–New 2-17-81, Formerly 6C3-7.11, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.012 Certification of Compliance. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 2-17-81, Formerly 6C3-7.12, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.013 Standard Method of Space Measurements. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5) FS. History–New 2-17-81, Formerly 6C3-7.13, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.014 Space Allocation. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5) FS. History–New 2-17-81, Formerly 6C3-7.14, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.015 Rental Rates. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.171 FS. History–New 2-17-81, Formerly 6C3-7.15, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.017 Nominal or No Consideration Leases. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5) FS. History–New 2-17-81, Formerly 6C3-7.17, Amended 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-7.018 Lease Not Requiring Competitive Solicitation. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5) FS. History–New 2-8-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C3-8 MOTOR POOL

Fla. Admin. Code R. 6C3-8 MOTOR POOL

CHAPTER 6C3-8 MOTOR POOL 6C3-8.001 Purpose (Repealed) 6C3-8.002 Approval (Repealed) 6C3-8.003 Acquisition and Disposal of Motor Vehicles (Repealed) 6C3-8.004 Assignment and Use (Repealed) 6C3-8.005 Maintenance (Repealed) 6C3-8.006 Aircraft (Repealed) 6C3-8.001 Purpose. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5), (19) FS. History–New 2-17-81, Formerly 6C3-8.01, Amended 8-16-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-8.002 Approval. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.75(5), (19) FS. History–New 2-17-81, Formerly 6C3-8.02, Amended 8-16-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-8.003 Acquisition and Disposal of Motor Vehicles. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.75(5), (19) FS. History–New 2-17-81, Formerly 6C3-8.03, Amended 8-16-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-8.004 Assignment and Use. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.75(5), (19) FS. History–New 2-17-81, Formerly 6C3-8.04, Amended 8-16-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-8.005 Maintenance. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.75(5), (19) FS. History–New 2-17-81, Formerly 6C3-8.05, Amended 8-16-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-8.006 Aircraft. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.75(5), (19) FS. History–New 2-17-81, Formerly 6C3-8.06, Amended 8-16-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C3-9 SURPLUS PROPERTY

Fla. Admin. Code R. 6C3-9 SURPLUS PROPERTY

CHAPTER 6C3-9 SURPLUS PROPERTY 6C3-9.001 Purpose (Repealed) 6C3-9.002 Definitions (Repealed) 6C3-9.003 Reporting Requirements for Surplus, State-owned, Tangible Personal Property (Repealed) 6C3-9.004 Certification (Repealed) 6C3-9.005 Building and Structure (Repealed) 6C3-9.006 Items to Be Reported (Repealed) 6C3-9.007 Procedures for Disposal of Surplus Property (Repealed) 6C3-9.008 Availability of Surplus State Property (Repealed) 6C3-9.009 Surplus Property with an Estimated Value of $5,000 or More (Repealed) 6C3-9.010 Authority for Disposal (Repealed) 6C3-9.011 Exchange Property (Repealed) 6C3-9.012 Non-state Funded Property (Repealed) 6C3-9.001 Purpose. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(17), 273.04, 273.05, 273.055 FS. History–New 2-17-81, Formerly 6C3-9.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-9.002 Definitions. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(17), 273.04, 273.05, 273.055 FS. History–New 2-17-81, Formerly 6C3-9.02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-9.003 Reporting Requirements for Surplus, State-owned, Tangible Personal Property. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(17), 273.04, 273.05, 273.055 FS. History–New 2-17-81, Formerly 6C3-9.03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-9.004 Certification. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(17), 273.04, 273.05, 273.055 FS. History–New 2-17-81, Formerly 6C3-9.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-9.005 Building and Structure. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(17), 273.04, 273.05, 273.055 FS. History–New 2-17-81, Formerly 6C3-9.05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-9.006 Items to Be Reported. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(17), 273.04, 273.05, 273.055 FS. History–New 2-17-81, Formerly 6C3-9.06, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-9.007 Procedures for Disposal of Surplus Property. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(17), 273.04, 273.05, 273.055 FS. History–New 2-17-81, Formerly 6C3-9.07, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-9.008 Availability of Surplus State Property. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(17), 273.04, 273.05, 273.055 FS. History–New 2-17-81, Formerly 6C3-9.08, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-9.009 Surplus Property with an Estimated Value of $5,000 or More. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055 FS. Law Implemented 240.227(17), 240.225, 273.055, 273.05 FS. History– New 2-17-81, Formerly 6C3-9.09, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-9.010 Authority for Disposal. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(17), 273.04, 273.05, 273.055 FS. History–New 2-17-81, Formerly 6C3-9.10, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-9.011 Exchange Property. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(17), 273.04, 273.05, 273.055 FS. History–New 2-17-81, Formerly 6C3-9.11, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-9.012 Non-state Funded Property. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 273.055(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(17), 273.04, 273.05, 273.055 FS. History–New 2-17-81, Formerly 6C3-9.12, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C3-10 PERSONNEL MATTERS

Fla. Admin. Code R. 6C3-10 PERSONNEL MATTERS

CHAPTER 6C3-10 PERSONNEL MATTERS 6C3-10.001 Purpose of Chapter 6C3-10 (Repealed) 6C3-10.101 Applicability of Part I (Repealed) 6C3-10.103 Non-Discrimination Policy and Discrimination and Harassment Complaint Procedures (Repealed) 6C3-10.105 Employment Plan for University Faculty, Administrative and Professional, University Support Personnel System and Other Personal Services Employees (Repealed) 6C3-10.107 Instructional and Research Faculty and Administrative and Professional Staff Pay Plan (Repealed) 6C3-10.109 Faculty, Administrative and Professional and University Support Personnel System Employees Promotion (Repealed) 6C3-10.111 Additional State Compensation (Repealed) 6C3-10.113 Layoff and Recall of Faculty, Administrative and Professional and University Support Personnel System Employees (Repealed) 6C3-10.115 Perquisites/Sale of Goods and Services for State University System Employees (Repealed) 6C3-10.117 Learning Opportunities (Repealed) 6C3-10.119 Retirement (Repealed) 6C3-10.121 Workers’ Compensation (Repealed) 6C3-10.123 General Provisions (Repealed) 6C3-10.125 Discrimination and Harassment Complaint Procedures (Repealed) 6C3-10.127 Employee Recognition Program (Repealed) 6C3-10.129 University Employee Clearance (Repealed) 6C3-10.130 Faculty, Administrative and Professional and University Support Personnel System Employees Evaluation (Repealed) 6C3-10.132 Predetermination Procedures for Tenured and Permanent Status Faculty and University Support Personnel System Employees 6C3-10.134 Employment of Relatives (Repealed) 6C3-10.135 Outside Employment (Repealed) 6C3-10.136 Political Activity (Repealed) 6C3-10.137 Conflict of Interest (Repealed) 6C3-10.138 Use of University Facilities and Services (Repealed) 6C3-10.139 Other Official University Documents That Conflict (Repealed) 6C3-10.140 University Sick Leave Pool (Repealed) 6C3-10.141 Other Personal Services (Repealed) 6C3-10.142 Copyrights and Patents (Repealed) 6C3-10.143 Limited Access Records 6C3-10.201 Applicability of Part II (Repealed) 6C3-10.203 Academic Freedom and Responsibility (Repealed) 6C3-10.205 Instructional and Research Faculty and Administrative and Professional Staff Selection and Appointment (Repealed) 6C3-10.207 Employment of Relatives (Repealed) 6C3-10.209 Faculty Evaluation and Improvement (Repealed) 6C3-10.211 Faculty Tenure (Repealed) 6C3-10.213 Permanent Status for Developmental Research School Personnel (Repealed) 6C3-10.215 Administrative and Professional Staff Evaluation and Improvement (Repealed) 6C3-10.217 Conflict of Interest (Repealed) 6C3-10.219 Use of University Facilities and Services (Repealed) 6C3-10.221 Political Activity (Repealed) 6C3-10.223 Leave (Repealed) 6C3-10.225 Faculty Foreign Service (Repealed) 6C3-10.227 Exchange Program for Instruction and Research Faculty and Administrative and Professional Staff (Repealed) 6C3-10.229 Disruptive Conduct (Repealed) 6C3-10.230 Disciplinary and Separation from Employment Actions for Faculty and Administrative and Professional Employees (Repealed) 6C3-10.231 Other Official University Documents That Conflict (Repealed) 6C3-10.232 Complaint Procedures for Tenured or Permanent Status Employees (Repealed) 6C3-10.233 Nonreappointment of Non-tenured or Non-permanent Status Faculty or Administrative and Professional Employees (Repealed) 6C3-10.234 Phased Retirement Program for Out-of-Unit Faculty (Repealed) 6C3-10.235 Change-in-Assignment of Faculty and Administrative and Professional Employees (Repealed) 6C3-10.236 Permanent Status for Developmental Research School Faculty Employees (Repealed) 6C3-10.301 Applicability of Part III (Repealed) 6C3-10.303 Leave (Repealed) 6C3-10.304 University Sick Leave Pool (Repealed) 6C3-10.305 Grievance Procedures (Repealed) 6C3-10.307 Faculty and Administrative and Professional Staff Awards Program (Repealed) 6C3-10.308 Nonrenewal and Resignation of Non-tenured or Non-permanent Status Faculty or A&P Appointments of Employees Not Included in the General Faculty Bargaining Unit (Repealed) 6C3-10.309 Suspension, Termination for Cause, and Disciplinary Action for Tenured or Non-tenured Instruction, Research, and Extension Faculty and Administrative and Professional Staff Not Included in the General Faculty Bargaining Unit (Repealed) 6C3-10.310 Phased Retirement Program for Non-Unit I&R Faculty Only (Repealed) 6C3-10.311 Outside Employment (Repealed) 6C3-10.312 Reassignment of A&P and I&R Faculty Not Included in the General Faculty Bargaining Unit (Repealed) 6C3-10.315 Employment of Relatives (Repealed) 6C3-10.316 Selection and Appointment and I&R and A&P Employees Not Included in the General Faculty Bargaining Unit (Repealed) 6C3-10.317 Faculty Evaluation and Improvement (Repealed) 6C3-10.319 Permanent Status for Developmental Research School Employees (Repealed) 6C3-10.321 Administrative and Professional Employees Evaluation and Improvement (Repealed) 6C3-10.323 Conflict of Interest (Repealed) 6C3-10.325 Use of University Facilities and Services (Repealed) 6C3-10.327 Political Activity (Repealed) 6C3-10.329 Faculty Foreign Service (Repealed) 6C3-10.331 Personnel Exchange Program (Repealed) 6C3-10.333 Disruptive Conduct (Repealed) 6C3-10.335 Copyrights and Patents (Repealed) 6C3-10.336 Applicability of Part III (Repealed) 6C3-10.337 Disciplinary and Separation from Employment Actions for University Support Personnel System Employees (Repealed) 6C3-10.338 Complaint Procedures for University Support Personnel System Employees (Repealed) 6C3-10.339 Permanent Status for University Support Personnel System Employees (Repealed) 6C3-10.340 Other Official University Documents That Conflict (Repealed) 6C3-10.401 Applicability of Part IV (Repealed) 6C3-10.402 Disciplinary Action – University Support Personnel System (USPS) Employees (Repealed) 6C3-10.403 Grievance Procedures for USPS Employees (Repealed) 6C3-10.501 Applicability of Part V (Repealed) 6C3-10.507 Other Personal Services Categories (Repealed) 6C3-10.509 Administration of the Other Personal Services Program (Repealed) 6C3-10.511 Terms and Conditions Governing Other Personal Services (Repealed) 6C3-10.001 Purpose of Chapter 6C3-10. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(5), (19) FS. History–New 5-6-82, Amended 7-15-87, 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.101 Applicability of Part I. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 110.205(2)(d), 240.227(5), (19) FS. History–New 5-6-82, Amended 7-15-87, 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.103 Non-Discrimination Policy and Discrimination and Harassment Complaint Procedures. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 228.2001, 240.227(1), 760.10, 240.247, 112.044, 760.01, 110.105, 110.112, 240.133, 240.227(5), 240.261(2) FS. History–New 5-6-82, Amended 7-15-87, 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.105 Employment Plan for University Faculty, Administrative and Professional, University Support Personnel System and Other Personal Services Employees. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), (5), (19), (22), 240.202 FS. History–New 5-6-82, Amended 7-15-87, 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.107 Instructional and Research Faculty and Administrative and Professional Staff Pay Plan. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(5), (19) FS. History–New 5-6-82, Amended 7-15-87, Repealed 6-27-96. 6C3-10.109 Faculty, Administrative and Professional and University Support Personnel System Employees Promotion. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), (5), (19), 447.203(2), (3) FS. History–New 5-6-82, Amended 7-15-87, 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.111 Additional State Compensation. Rulemaking Authority 216.262(1)(d), 240.227(1), (6), 240.283 FS. Law Implemented 240.283, 216.262(1)(d) FS. History–New 5-6-82, Repealed 6-27-96. 6C3-10.113 Layoff and Recall of Faculty, Administrative and Professional and University Support Personnel System Employees. Rulemaking Authority 120.53(1)(a), (b), 240.227(1) FS. Law Implemented 110.205(2)(d), 240.202, 240.227(5), (19), (21), 447.209 FS. History–New 5-6-82, Amended 5-5-83, 7-15-87, 1-31-95, 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.115 Perquisites/Sale of Goods and Services for State University System Employees. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1)(f), (g) FS. History–New 5-6-82, Amended 1-31-95, Repealed 6-27-96. 6C3-10.117 Learning Opportunities. Rulemaking Authority 240.227(1), (27) FS., CF. 6C-5.930, F.A.C. Law Implemented 240.202, 240.227(5), (11) FS. History–New 5-6-82, Amended 1-31-95, 6-27-96, 6-3-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.119 Retirement. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(6) FS. History–New 5-6-82, Amended 7-15-87, Repealed 6-27-96. 6C3-10.121 Workers’ Compensation. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), 440.03 FS. History–New 5-6-82, Repealed 6-27-96. 6C3-10.123 General Provisions. Rulemaking Authority 240.227(1) FS. Law Implemented 110.131, 240.227(1), 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.125 Discrimination and Harassment Complaint Procedures. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 760.01, 760.10, 110.105, 110.112, 120.53(1)(c), 228.2001, 240.133, 240.227(5), 240.261(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.127 Employee Recognition Program. Rulemaking Authority 240.2111 FS. Law Implemented 240.2111, 240.202 FS. History–New 1-4-88, Amended 11-29-88, 4-15-91, 1-31-95, 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.129 University Employee Clearance. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1), (5), (19), (21), (22) FS. History–New 10-5-89, Amended 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.130 Faculty, Administrative and Professional and University Support Personnel System Employees Evaluation. Rulemaking Authority 240.227(1), (27) FS. Law Implemented 240.202, 240.227(5), 240.245, 240.253, 447.203(2) FS. History–New 6-27-96, Amended 6-3-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.132 Predetermination Procedures for Tenured and Permanent Status Faculty and University Support Personnel System Employees. (1) Written Notice – Prior to the dismissal, suspension, or disciplinary reduction in pay of a tenured or permanent status employee, the University shall give the employee written notice as follows: (a) The employee shall be given written notice of the proposed action and the reasons therefore Such notice shall be sent by certified mail, return receipt requested, or delivered in person with written documentation of receipt obtained. (b) The mailed notice shall be considered received by the employee even if refused or ignored. (2) Contents of Notice – The notice shall be signed by the President or President’s designee who makes the final decision regarding the proposed action. The notice shall include the following information: (a) The effective date of the University’s proposed final action; (b) The specific charges or reasons for the action; (c) A list of documents or written explanation on which the charges are based; and a statement that documents shall be available to the employee upon request; (d) A statement that the employee may, within 10 days of receipt of the notice, submit a request in writing for a conference at which the employee may make an oral or written statement, or both, to the University to refute or explain the charges or reasons for the action; and the name and address of the person to whom the request for a conference shall be directed; (e) A statement that the requested conference must be held prior to the proposed effective date of the action, at a time and place determined by the University, normally during regular business hours, and that the employee may bring a representative to advise and assist; (f) A statement that the University desires to reduce the risk of error in taking the action against the employee and to avoid damaging the employee’s reputation by untrue or erroneous charges, and therefore, the University is interested in receiving and considering the employee’s response; and (g) A copy of this rule shall be enclosed with the notice. (3) Conference – The conference must be conducted by the designated representative(s) of the President as follows: (a) The purpose of the conference shall be to hear the employee’s response to the charges in order to protect the employee from erroneous or arbitrary adverse action; to afford the University an opportunity to reevaluate its position after reviewing the information presented by the employee, and to thereafter make a recommendation to affirm or alter the disciplinary action as may be warranted. (b) The conference shall be informal and shall not be in the nature of an evidentiary hearing. The employee may bring a representative to advise and assist, but discovery, cross-examination and similar legal procedures are not permissible. (c) The employee shall be permitted to submit relevant information, orally or in writing, or both, with the privilege being reserved to the University to give such information the weight it deems proper. If the employee chooses to make no response, the University will proceed on the basis of the best information it can obtain without such response. (d) After the conference is conducted, the employee shall be notified, by the President or President’s designee of the University’s decision. (4) Decision – If the University determines after the conference that it will proceed with the proposed disciplinary action, the employee shall be notified as described in this rule within five workdays prior to the date the action is effective. USPS employees shall be informed of their right to appeal to an arbitrator under the provisions of Board of Regents subsection 6C-5.950(4), F.A.C. If the employee occupies a position included in a certified bargaining unit, the employee shall be further notified that the grievance procedures as provided in the applicable collective bargaining agreement may be used. Further, the University shall follow the provisions of Part VI of Chapter 112, F.S., Law Enforcement Officers’ Bill of Rights, when Sworn Law Enforcement Personnel are involved. (a) During the period between the first notice and the effective date of the action, one of the following options may be used by the University: retain the employee in the employee’s usual duties; temporarily assign the employee to other duties; or place the employee on administrative leave with pay. (5) Extraordinary Situations. (a) In extraordinary situations, when the retention of a tenured or permanent status employee is likely to result in damage to property, or is likely to result in injury to the employee, a fellow employee, or some other person, the employee may be suspended or dismissed immediately upon written or oral notice to the employee of the charges giving rise to the suspension or dismissal. (b) If an oral notice of suspension or dismissal is given to an employee, the University shall within 24 hours issue a written notice confirming the proposed action and the reason(s) therefore. (c) In lieu of the action to suspend or dismiss the employee, the University may place the employee on administrative leave as described in subsection 6C-5.920(14), F.A.C. (d) USPS employees shall be informed of their right to appeal to an arbitrator under the provisions of subsection 6C-5.955(4), F.A.C. (e) If the employee occupies a position included in a certified bargaining unit, the employee shall be further notified that the grievance procedures as provided in the applicable collective bargaining agreement may be used. (f) Further, the University will follow provisions of Part VI of Chapter 112, F.S., Law Enforcement Officer’s Bill of Rights, when sworn law enforcement personnel are involved. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(5), (19), 240.202 FS. History–New 6-27-96. 6C3-10.134 Employment of Relatives. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 112.3135, 240.202, 240.227(1), (5), 447.203(2) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.135 Outside Employment. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 112.313, 240.202, 240.227(1), (5), (13), (21) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.136 Political Activity. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 104.31, 240.202, 240.227(1), (5), 447.203(2) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.137 Conflict of Interest. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 112.313, 240.227(1), (5), (19), (21), 447.203(2) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.138 Use of University Facilities and Services. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), (13), (21), 447.203(2) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.139 Other Official University Documents That Conflict. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.140 University Sick Leave Pool. Rulemaking Authority 110.121, 120.53(1)(a), 240.227(1) FS. Law Implemented 110.121, 240.202, 240.227(1) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.141 Other Personal Services. Rulemaking Authority 240.227(1) FS. Law Implemented 110.121, 240.277(1), 447.203(2) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.142 Copyrights and Patents. Rulemaking Authority 240.227(1) FS. Law Implemented 240.202, 240.229 FS. History–New 6-27-96, Repealed by Section 19, Chapter 2011-177, Laws of Florida. 6C3-10.143 Limited Access Records. (1) Policy. (a) The University maintains the employment records and other employee information on each of its employees, Faculty, Administrative and Professional (A & P) including the Executive service, University Support Personnel System (USPS) and Other Personal Services (OPS) employees. (b) The employment records are maintained in the office or department of the University’s records custodians. For Faculty, the records are maintained by the Office of the Provost and Dean of the school or college in which the faculty member is employed. For A & P, USPS and OPS employees, the records are maintained by the Office of the Director of Personnel Relations. (c) Any records or portions which are otherwise confidential by law shall continue to be exempt from the provisions of Section 119.07(1), F.S. (d) Except as required for use by the President or President’s designee in the discharge of his or her official responsibilities, the custodian of limited-access records may release information from such records only upon authorization in writing from the employee or upon order of a court of competent jurisdiction. (2) This rule prescribes the contents and custody of limited-access records that the University maintains on its employees. Such limited access records are confidential and exempt from the provisions of Section 119.07(1), F.S. Those records are limited to: (a) Records containing information reflecting academic evaluations of employee performance. (b) Records maintained for the purposes of any investigation of employee misconduct, including a complaint against an employee and all information obtained pursuant to the investigation of such complaint, shall be confidential until the investigation ceases to be active or the University provides written notice to the employee that it has:

1. Concluded the investigation and is not proceeding with disciplinary action;
2. Concluded the investigation with a finding to proceed with disciplinary action; or
3. Issued a letter of discipline. (3) An investigation is presumed inactive if no finding is made within ninety (90) days after the complaint is filed. Records maintained for the purposes of any disciplinary proceeding are confidential until a final decision is reached. The record of proceeding and evidence presented are open to inspection by the employee at all times. (4) Records maintained for the purposes of a grievance proceeding brought by an employee for enforcement of a collective bargaining agreement or contract are confidential until a final decision is reached. (5) Sexual harassment investigations, portions of such records which identify the complainant, a witness, or information which could reasonably lead to the identification of the complainant or a witness are limited-access records. Rulemaking Authority 240.227(1), (27), 240.253(1) FS. Law Implemented 119.07, 240.227(5), 240.253 FS. History–New 6-3-01. 6C3-10.201 Applicability of Part II. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 110.205(2)(d), 240.227(5), (19) FS. History–New 5-6-82, Amended 7-15-87, 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.203 Academic Freedom and Responsibility. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.105(2), 240.202, 240.227(1), 447.203(2) FS. History–New 5-6-82, Amended 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.205 Instructional and Research Faculty and Administrative and Professional Staff Selection and Appointment. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(5), (19), 447.203(2) FS. History–New 5-6-82, Amended 7-15-87, Repealed 6-27-96. 6C3-10.207 Employment of Relatives. Rulemaking Authority 120.53(1)(a), 240.227(1), (5), (6) FS. Law Implemented 112.3135, 240.227(1), (5), (6), 447.203(2) FS. History–New 5-6-82, Amended 1-31-95, Repealed 6-27-96. 6C3-10.209 Faculty Evaluation and Improvement. Rulemaking Authority 240.227(1), 120.53(1)(a) FS. Law Implemented 240.245, 240.253, 447.203(2) FS. History–New 5-6-82, Amended 7-15-87, Repealed 6-27-96. 6C3-10.211 Faculty Tenure. Rulemaking Authority 240.227(1) FS. Law Implemented 240.202, 240.227(5), (19), 447.203(2) FS. History–New 5-6-82, Amended 7-15-87, 6-27-96, 10-14-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.213 Permanent . Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), (5), (6), (19), 447.203(2) FS. History–New 5-6-82, Amended 7-15-87, Repealed 6-27-96. 6C3-10.215 Administrative and Professional Staff Evaluation and Improvement. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.253, 240.227(1), (5), 447.203(2) FS. History–New 5-6-82, Amended 7-15-87, Repealed 6-27-96. 6C3-10.217 Conflict of Interest. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 112.313, 240.227(1), (5), 447.203(2) FS. History–New 5-6-82, Amended 7-15-87, Repealed 6-27-96. 6C3-10.219 Use of University Facilities and Services. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), 447.203(2) FS. History–New 5-6-82, Amended 7-15-87, Repealed 6-27-96. 6C3-10.221 Political Activity. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 104.31, 240.227(1), (5), (6), 447.203(2) FS. History–New 5-6-82, Repealed 6-27-96. 6C3-10.223 Leave. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 110.122, 240.227(1), (6), 447.203(2) FS. History–New 5-6-82, Repealed 6-27-96. 6C3-10.225 Faculty Foreign Service. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), (6), 447.203(2) FS. History–New 5-6-82, Repealed 6-27-96. 6C3-10.227 Exchange Program for Instruction and Research Faculty and Administrative and Professional Staff. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(12), 447.203(2) FS. History–New 5-6-82, Repealed 6-27-96. 6C3-10.229 Disruptive Conduct. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.261, 447.203(2) FS. History–New 5-6-82, Amended 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.230 Disciplinary and Separation from Employment Actions for Faculty and Administrative and Professional Employees. Rulemaking Authority 240.227(1), (27) FS. Law Implemented 110.205(2)(d), 240.202, 240.227(5), 240.261 FS. History–New 6-3-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.231 Other Official University Documents That Conflict. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 5-6-82, Repealed 6-27-96. 6C3-10.232 Complaint Procedures for Tenured or Permanent Status Employees. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(c), 120.57(1), 240.202, 240.227(1), (5) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.233 Nonreappointment of Non-tenured or Non-permanent Status Faculty or Administrative and Professional Employees. Rulemaking Authority 240.227(1), (27) FS. Law Implemented 240.202, 240.227(5) FS. History–New 6-27-96, 6-3-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.234 Phased Retirement Program for Out-of-Unit Faculty. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.235 Change-in-Assignment of Faculty and Administrative and Professional Employees. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.202, 240.227(5) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.236 Permanent Status for Developmental Research School Faculty Employees. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), (5), (19), 447.203(2) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.336 Applicability of Part III. Rulemaking Authority 110.205(2)(d), 120.53(1), 240.227(1), (5) FS. Law Implemented 110.205(2)(d), 120.53(1)(a), 240.227(5), (19) FS. History– New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.301 Applicability of Part III. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), (5), (19) FS. History–New 5-6-82, Amended 2-13-83, 7-15-87, Repealed 6-27-96. 6C3-10.303 Leave. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 110.117, 110.121, 240.227(1), (6) FS. History–New 5-6-82, Amended 7-15-87, 1-31-95, Repealed 6-27-96. 6C3-10.304 University Sick Leave Pool. Rulemaking Authority 110.121, 120.53(1)(a), 240.227(1) FS. Law Implemented 110.131, 240.227(1) FS. History–New 7-15-87, Amended 1-31-95, Repealed 6-27-96. 6C3-10.305 Grievance Procedures. Rulemaking Authority 240.227(1) FS. Law Implemented 120.57(1), 120.53(1)(c), 240.227(1), (5) FS. History–New 5-6-82, Repealed 6-27-96. 6C3-10.307 Faculty and Administrative and Professional Staff Awards Program. Rulemaking Authority 120.53(1)(a), 240.227(13) FS. Law Implemented 240.227(13) FS. History–New 5-6-82, Repealed 1-4-88. 6C3-10.308 Nonrenewal and Resignation of Non-tenured or Non-permanent Status Faculty or A&P Appointments of Employees Not Included in the General Faculty Bargaining Unit. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 110.205(2)(f)2., 240.227(5), (6) FS. History–New 3-10-83, Amended 1-31-95, Repealed 6-27-96. 6C3-10.309 Suspension, Termination for Cause, and Disciplinary Action for Tenured or Non-tenured Instruction, Research, and Extension Faculty and Administrative and Professional Staff Not Included in the General Faculty Bargaining Unit. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 110.205(2)(f)2., 240.227(5), (6), 240.261 FS. History–New 3-10-83, Amended 1-31-95, Repealed 6-27-96. 6C3-10.310 Phased Retirement Program for Non-Unit I&R Faculty Only. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 4-3-86, Repealed 6-27-96. 6C3-10.311 Outside Employment. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 112.313, 240.227(1), (6) FS. History–New 2-13-83, Repealed 6-27-96. 6C3-10.312 Reassignment of A&P and I&R Faculty Not Included in the General Faculty Bargaining Unit. Rulemaking Authority 120.53, 240.227(5) FS. Law Implemented 240.227(5) FS. History–New 7-15-87, Amended 1-31-95, Repealed 6-27-96. 6C3-10.315 Employment of Relatives. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.316 Selection and Appointment of I&R and A&P Employees Not Included in the General Faculty Bargaining Unit. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 240.227(5), (19), 447.203(2) FS. History–New 7-15-87, Amended 1-31-95, Repealed 6-27-96. 6C3-10.317 Nonrenewal and Resignation of Non-tenured or Non-permanent Status Faculty or A&P Appointments of Employees Not Included in the General Faculty Bargaining Unit. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 110.205(2)(f)2., 240.227(5), (6) FS. History–New 3-10-83, Amended 1-31-95, Repealed 6-27-96. 6C3-10.319 Permanent Status for Developmental Research School Employees. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.321 Administrative and Professional Employees Evaluation and Improvement. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), 240.253, 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.323 Conflict of Interest. Rulemaking Authority 240.227(1) FS. Law Implemented 112.313, 112.3145, 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.325 Use of University Facilities and Services. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.327 Polical Activity. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), 240.253, 104.31, 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.329 Faculty Foreign Service. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), (11), 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.331 Personnel Exchange Program. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (11), 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.333 Disruptive Conduct. Rulemaking Authority 240.227(1) FS. Law Implemented 240.229 FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.335 Copyrights and Patents. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), 240.253, 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.336 Applicability of Part III. Rulemaking Authority 240.205(2)(d), 120.53(1), 240.227(1), (5) FS. Law Implemented 110.205(2)(d), 120.53(1)(a), 240.227(5), (19) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.337 Disciplinary and Separation from Employment Actions for University Support Personnel System Employees. Rulemaking Authority 240.227(1), (27), 240.261 FS. Law Implemented 110.205(2), 240.132, 240.202, 240.227(5), 240.261 FS. History–New 6-27-96, Amended 6-3-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.338 Complaint Procedures for University Support Personnel System Employees. Rulemaking Authority 120.53, 240.227(1) FS. Law Implemented 240.227(1), (5), (19) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.339 Permanent Status for University Support Personnel System Employees. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), (5), (19), 447.203(2) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.340 Other Official University Documents That Conflict. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.401 Applicability of Part IV. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 6-27-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C3-10.402 Disciplinary Action – University Support Personnel System (USPS) Employees. Rulemaking Authority 110.205(2), 120.53(1), 240.227(1), (5), 240.261 FS. Law Implemented 110.205(2), 120.53(1)(a), 240.132, 240.227(5), 240.261 FS. History–New 6-5-84, Repealed 6-27-96. 6C3-10.403 Grievance Procedures for USPS Employees. Rulemaking Authority 120.53, 240.227(1) FS. Law Implemented 240.227(1), (5), (19) FS. History–New 7-15-87, Amended 1-31-95, Repealed 6-27-96. 6C3-10.501 Applicability of Part V. Rulemaking Authority 240.227(1) FS. Law Implemented 110.131, 240.227(1), (5), (19), 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.507 Other Personal Services Categories. Rulemaking Authority 240.227(1) FS. Law Implemented 110.131, 240.227(1), 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.509 Adminstration of the Other Personal Services Program. Rulemaking Authority 240.227(1) FS. Law Implemented 110.131, 240.227(1), 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96. 6C3-10.511 Terms and Conditions Governing Other Personal Services. Rulemaking Authority 240.227(1) FS. Law Implemented 110.131, 240.227(1), 447.203(2) FS. History–New 7-15-87, Repealed 6-27-96.

Chapter 6C3-11 DIRECT SUPPORT ORGANIZATIONS

Fla. Admin. Code R. 6C3-11 DIRECT SUPPORT ORGANIZATIONS

CHAPTER 6C3-11 DIRECT SUPPORT ORGANIZATIONS 6C3-11.001 Requirements for Certification, Budget and Audit Review 6C3-11.001 Requirements for Certification, Budget and Audit Review. (1) In order to be certified as a direct support organization, as provided in section 1004.28, F.S., an organization wishing to become a Florida Agricultural and Mechanical University (“University”) Direct Support Organization (“DSO”) shall fulfill the requirements of section 1004.28(1)(a), F.S., and shall request approval of the Florida Agricultural and Mechanical University Board of Trustees (“the Board”). Upon the approval of the University President (the “President”) and approval by the Board, a direct support organization shall be considered to be certified and authorized to use the property, facilities, name and personal services of the University. (2) The senior operating officer of the DSO shall report to the President. (3) Operating budgets of DSOs shall be prepared at least annually, approved by the organization’s governing board and by the President and submitted to the Board for approval. (4) A DSO shall have the authority to amend its budget. Budget amendment requests for less than 15%, but not to exceed $40,000, of the total amount of the annual budget shall require the approval of the President, provided that no budget amendment affecting the President or the President’s compensation, salary or other benefits shall be made without the approval of the Board. Other budget amendment requests shall require the approval of the President and the Board. (5) Direct support organizations shall provide for an annual audit and management letter, as prescribed by applicable laws and rules, which shall be submitted to the President and to the Audit Committee of the Board for Board review and approval. (6) If the President determines that the DSO is no longer serving the best interests of the University, the President may request that the Board decertify a DSO. The Board has the authority to request that the President investigate any DSO that is acting inconsistently with the best interests of the University. The request for decertification shall include a plan for disposition of the DSO’s assets and liabilities. Rulemaking Authority 1001.74(4), 1004.28(2) FS. Law Implemented 1001.74(37), 1001.75(19), 1004.28 FS. History–New 1-1-04.

Division 6C5 Florida Atlantic University

Chapter 6C5-1 ORGANIZATION

Fla. Admin. Code R. 6C5-1 ORGANIZATION

CHAPTER 6C5-1 ORGANIZATION 6C5-1.001 General Information (Repealed) 6C5-1.002 Administrative Organization (Repealed) 6C5-1.003 University Senate (Repealed) 6C5-1.004 Statutory References (Repealed) 6C5-1.005 Public Information and Inspection of Records (Repealed) 6C5-1.006 Declaratory Statements (Repealed) 6C5-1.007 Agency Clerk (Repealed) 6C5-1.008 Forms Index (Repealed) 6C5-1.001 General Information. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1), (5) FS. History–New 10-1-75, Amended 12-17-78, Formerly 6C5-1.01, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-1.002 Administrative Organization. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1), (5), (21), (23) FS. History–New 10-1-75, Amended 5-24-76, 12-17-78, 11-1-82, Formerly 6C5-1.02, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-1.003 University Senate. Rulemaking Authority 240.227(1), (23) FS. Law Implemented 240.227(1), 240.229(1) FS. History–New 10-1-75, Amended 5-24-76, 12-17-78, Formerly 6C5-1.03, Amended 5-9-89, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-1.004 Statutory References. Rulemaking Authority 240.227(1), 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 10-1-75, Formerly 6C5-1.04, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-1.005 Public Information and Inspection of Records. Rulemaking Authority 240.227(1), 120.53(1)(a) FS. Law Implemented 119.08, 119.01(1), 119.07(1), (2)(a), (3), 120.53(1)(a), 228.093, 240.237, 240.253 FS. History–New 10-1-75, Formerly 6C5-1.05, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-1.006 Declaratory Statements. Rulemaking Authority 120.53(1)(a), (b), (c), 240.227(1) FS. Law Implemented 120.53(1)(a), (b), (c), 120.565 FS., 28-1.001, F.A.C. History–New 5-4-76, Formerly 6C5-1.06, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-1.007 Agency Clerk. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.52(10), 120.53(1)(a) FS. History–New 5-20-80, Formerly 6C5-1.07, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-1.008 Forms Index. Rulemaking Authority 120.53(1)(b), 240.227(1) FS. Law Implemented 120.53(1)(b) FS. History–New 5-16-83, Formerly 6C5-1.08, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C5-2 ACADEMIC AFFAIRS

Fla. Admin. Code R. 6C5-2 ACADEMIC AFFAIRS

CHAPTER 6C5-2 ACADEMIC AFFAIRS 6C5-2.001 Admission Requirements (Repealed) 6C5-2.002 Course Repetition and Grade Forgiveness (Repealed) 6C5-2.003 Degree Requirements (Repealed) 6C5-2.004 Enrollment Priorities and Limitations (Repealed) 6C5-2.005 Sponsored Research Exemptions (Repealed) 6C5-2.001 Admission Requirements. Rulemaking Authority 240.227(1), 240.233 FS. Law Implemented 240.115, 240.227(8), 240.239 FS. History–New 10-1-75, Amended 5-24-76, 8-23-79, 11-1-82, Formerly 6C5-2.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-2.002 Course Repetition and Grade Forgiveness. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (28) FS. History–New 10-1-75, Amended 7-7-81, Formerly 6C5-2.02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-2.003 Degree Requirements. Rulemaking Authority 240.042(1) FS. Law Implemented 6C-4.001(1), 6C-6.004(5), F.A.C. History–New 10-1-75, Amended 5-24-76, Formerly 6C5-2.03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-2.004 Enrollment Priorities and Limitations. Rulemaking Authority 240.227(1), 240.227(8) FS. Law Implemented 240.233 FS. History–New 5-3-82, Formerly 6C5-2.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-2.005 Sponsored Research Exemptions. Rulemaking Authority 240.227(1) FS. Law Implemented 240.241(9), (12) FS. History–New 12-11-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C5-3 EDUCATIONAL DELIVERY

Fla. Admin. Code R. 6C5-3 EDUCATIONAL DELIVERY

CHAPTER 6C5-3 EDUCATIONAL DELIVERY 6C5-3.001 Continuing Education (Repealed) 6C5-3.001 Continuing Education. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(9), (10) FS. History–New 10-1-75, Amended 5-24-76, 5-8-83, Formerly 6C5-3.01, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C5-4 STUDENT AFFAIRS

Fla. Admin. Code R. 6C5-4 STUDENT AFFAIRS

CHAPTER 6C5-4 STUDENT AFFAIRS 6C5-4.001 Honor Code, Academic Irregularities, and Student's Academic Grievances (Repealed) 6C5-4.002 Non-Academic Irregularities (Repealed) 6C5-4.004 Miscellaneous Student Rules (Repealed) 6C5-4.005 Residence Halls Policies (Repealed) 6C5-4.007 Student Organizations (Repealed) 6C5-4.008 Student Disciplinary Procedures (Repealed) 6C5-4.009 Access to Student Records (Repealed) 6C5-4.010 Major Medical Insurance Requirements for Foreign Students (Repealed) 6C5-4.011 Payment and Refund of Tuition and Registration Fees (Repealed) 6C5-4.012 Educational Research Center for Child Development (Repealed) 6C5-4.013 Student Affairs: Student Financial Aid (Repealed) 6C5-4.001 Honor Code, Academic Irregularities, and Student’s Academic Grievances. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 120.53(1)(b), 240.202, 240.261 FS., 6C-6.0105, F.A.C. History–New 10-1-75, Amended 12-17-78, 3-28-84, Formerly 6C5-4.01, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-4.002 Non-Academic Irregularities. Rulemaking Authority 240.227(1) FS. Law Implemented 240.261, 240.132, 240.133 FS. History–New 10-1-75, Amended 12-17-78, 3-26-80, Formerly 6C5-4.02, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-4.004 Miscellaneous Student Rules. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (23), 240.291(1), 386.205 FS. History–New 10-1-75, Amended 12-17-78, Formerly 6C5-4.04, Amended 11-11-87, 6-7-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-4.005 Residence Halls Policies. Rulemaking Authority 240.227(1) FS. Law Implemented 240.261, 240.227(1), 243.04(5) FS. History–New 10-1-75, Amended 5-24-76, 11-22-78, 5-3-82, Formerly 6C5-4.05, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-4.007 Student Organizations. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS., 6C-4.001(1), 6C-6.011, 6C-6.012, F.A.C. History–New 10-1-75, Formerly 6C5-4.07, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-4.008 Student Disciplinary Procedures. Rulemaking Authority 1001.74(4), 1006.60(1), (2), (5) FS. Law Implemented 1001.74(10)(e), 1006.60, 1006.61, 1006.62, 1006.63 FS. History–New 10-1-75, Amended 12-17-78, 6-9-83, Formerly 6C5-4.08, Amended 11-11-87, 6-7-88, 9-16-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-4.009 Access to Student Records. Rulemaking Authority 240.227(1) FS. Law Implemented 240.237, 228.093 FS. History–New 3-26-80, Formerly 6C5-4.09, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-4.010 Major Medical Insurance Requirements for Foreign Students. Rulemaking Authority 240.227(1) FS. Law Implemented 240.233(2) FS. History–New 4-19-82, Formerly 6C5-4.10, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-4.011 Payment and Refund of Tuition and Registration Fees. Rulemaking Authority 240.209(1), (3)(d) FS. Law Implemented 240.209(1), (3)(d), 240.291 FS, 6C-7.002, F.A.C. History–New 4-19-82, Formerly 6C5-4.11, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-4.012 Educational Research Center for Child Development. Rulemaking Authority 240.227(1), 240.209(1), (3)(m), 240.531 FS. Law Implemented 240.209(1), (3)(m), 240.531 FS, 6C-10.004, F.A.C. History– New 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-4.013 Student Affairs: Student Financial Aid. Rulemaking Authority 240.227, 240.209 FS. Law Implemented 240.415, 240.437 FS. History–New 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C5-5 PERSONNEL

Fla. Admin. Code R. 6C5-5 PERSONNEL

CHAPTER 6C5-5 PERSONNEL 6C5-5.001 Faculty Complaints and Grievances (Repealed) 6C5-5.002 Maternity Leave (Repealed) 6C5-5.003 Outside Employment and Policies Procedures (Repealed) 6C5-5.004 Faculty Evaluation (Repealed) 6C5-5.005 Limited Access to Employee Records 6C5-5.006 Procedures Related to the Free Course Enrollment of Full-Time State Employees (Repealed) 6C5-5.007 Promotion Procedures (Repealed) 6C5-5.008 Tenure Procedures (Repealed) 6C5-5.009 Termination, Suspension and Other Disciplinary Action for Cause for Instructional and Research and Administrative and Professional Employees (Repealed) 6C5-5.010 Resignation and Non-reappointment (Repealed) 6C5-5.011 Grievance Procedure (Repealed) 6C5-5.012 Sexual Harassment (Repealed) 6C5-5.013 University Ethics (Repealed) 6C5-5.014 University Support Personnel System (USPS) Employee Standards and Disciplinary Procedures (Repealed) 6C5-5.016 Executive Service (Repealed) 6C5-5.017 University Support Personnel System Employee Performance Evaluations (Repealed) 6C5-5.001 Faculty Complaints and Grievances. Rulemaking Authority 240.227(1) FS. Law Implemented 120.57 FS. History–New 10-1-75, Amended 5-24-76, Formerly 6C5-5.01, Repealed 12-17-78. 6C5-5.002 Maternity Leave. Rulemaking Authority 240.042(1) FS. Law Implemented 6C-5.021(2)(b), 22A-8.016 FAC. History–New 10-1-75, Formerly 6C5-5.02, Repealed 5-24-76. 6C5-5.003 Outside Employment and Policies Procedures. Rulemaking Authority 240.042, 241.731 FS. Law Implemented 241.731 FS. History–New 7-20-76, Amended 12-17-78, Formerly 6C5-5.03, Repealed 11-11-87. 6C5-5.004 Faculty Evaluation. Rulemaking Authority 240.227(1), 240.245(1) FS. Law Implemented 240.245 FS. History–New 7-20-76, Formerly 6C5-5.04, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-5.005 Limited Access to Employee Records. The contents of employee evaluation files shall be confidential, and shall conform to the requirements of applicable law rules and collective bargaining agreements. Employee evaluation files shall not be disclosed except to the evaluated employee, to persons so authorized by the employee, to University officials whose duties require access to the file in accordance with University and departmental evaluation and supervisory procedures, to the President and to the President’s designees in the discharge of official responsibilities as provided in rule 6C5-1.002, F.A.C., and as may be provided by law. Refer to FAU rule 6C5-1.002, F.A.C. Rulemaking Authority 240.227(1), 240.253 FS. Law Implemented 240.253 FS. History–New 10-17-79, Formerly 6C5-5.05, Amended 11-11-87. 6C5-5.006 Procedures Related to the Free Course Enrollment of Full-Time State Employees. Rulemaking Authority 240.227(1), 240.209(1) FS., 6C-5.133, F.A.C. Law Implemented 240.209(3)(e), (m), 240.235 FS., 6C-5.133, F.A.C. History–New 12-5-79, Amended 12-1-82, Formerly 6C5-5.06, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-5.007 Promotion Procedures. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS., 6C-5.113, 6C-5.235, F.A.C. History–New 4-20-81, Formerly 6C5-5.07, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-5.008 Tenure Procedures. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (6) FS., 6C-5.225, F.A.C. History–New 4-20-81, Formerly 6C5-5.08, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-5.009 Termination, Suspension and Other Disciplinary Action for Cause for Instructional and Research and Administrative and Professional Employees. Rulemaking Authority 240.227(1), 120.53(1)(a) FS. Law Implemented 240.227 FS. History–New 7-6-81, Formerly 6C5-5.09, Amended 11-11-87, 6-7-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-5.010 Resignation and Non-reappointment. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 7-6-81, Formerly 6C5-5.10, Amended 11-11-87, 8-29-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-5.011 Grievance Procedure. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (6), 120.57, 120.53(1) FS. History–New 7-6-81, Formerly 6C5-5.11, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-5.012 Sexual Harassment. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 240.261 FS. History–New 5-3-82, Amended 4-25-83, Formerly 6C5-5.12, Amended 11-11-87, 7-5-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. FAU Rule 6C5-4.008, F.A.C., Student Disciplinary Procedures; FAU Rule 6C5-5.009, F.A.C., Termination, Suspension and Other Disciplinary Action for Cause for Instructional and Research and Administrative and Professional Employees. 6C5-5.013 University Ethics. Rulemaking Authority 120.53(5), 240.227(1) FS. Law Implemented Chapter 112, Part III, 240.229, 240.241, 287.055, 287.057, 287.062 FS. History–New 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-5.014 University Support Personnel System (USPS) Employee Standards and Disciplinary Procedures. Rulemaking Authority 120.53(1)(a), (b), 240.227(1), (5), 240.261 FS. Law Implemented 120.53(1)(a), (b), 240.227(1), (5), 240.261 FS. History–New 6-7-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-5.016 Executive Service. Rulemaking Authority 240.227(1), (5) FS. Law Implemented 240.227(1), (5), 240.209(3)(e), 240.283 FS. History–New 6-7-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-5.017 University Support Personnel System Employee Performance Evaluations. Rulemaking Authority 120.53(1)(a), (b), 240.227(1), (5), 240.261 FS. Law Implemented 240.227(5) FS. History–New 6-7-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C5-6 PROPERTY AND FINANCE

Fla. Admin. Code R. 6C5-6 PROPERTY AND FINANCE

CHAPTER 6C5-6 PROPERTY AND FINANCE 6C5-6.001 Fiscal Policy (Repealed) 6C5-6.002 Approval and Execution of Contracts (Repealed) 6C5-6.003 Grants, Contracts and Unrestricted Gift Funds (Repealed) 6C5-6.004 Traffic Violation Fees 6C5-6.005 Use of University Property and Facilities (Repealed) 6C5-6.006 Property Responsibility (Repealed) 6C5-6.007 Surplus Property (Repealed) 6C5-6.008 Purchasing (Repealed) 6C5-6.009 Motor Pool (Repealed) 6C5-6.010 Leasing (Repealed) 6C5-6.011 Florida Atlantic University Endowment Trust Fund for Eminent Scholars (Repealed) 6C5-6.012 Accounts Receivable (Repealed) 6C5-6.013 Employee Debt Collection (Repealed) 6C5-6.001 Fiscal Policy. Rulemaking Authority 240.227 FS. Law Implemented 240.227 FS. History–New 10-1-75, Formerly 6C5-6.01, Amended 11-11-87, 6-7-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-6.002 Approval and Execution of Contracts. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12) FS. History–New 10-1-75, Amended 5-24-76, 7-17-83, Formerly 6C5-6.02, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-6.003 Grants, Contracts and Unrestricted Gift Funds. Rulemaking Authority 240.241(2) FS. Law Implemented 240.241 FS. History–New 10-1-75, Amended 5-24-76, 12-17-78, Formerly 6C5-6.03, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-6.004 Traffic Violation Fees. Monies collected on campus from traffic penalties and violations are deposited in appropriate funds and may be used to defray the administrative costs of collection, for student scholarship and loan purposes, or to provide for maintenance of parking facilities on campus. See rule 6C5-7.004, F.A.C., for traffic rules which apply to all persons on campus. Rulemaking Authority 240.227(1), 240.267 FS. Law Implemented 240.265, 240.266, 240.267 FS. History–New 10-1-75, Amended 5-24-76, Formerly 6C5-6.04, Amended 11-11-87. 6C5-6.005 Use of University Property and Facilities. Rulemaking Authority 240.227(1) FS. Law Implemented 235.02, 240.227(1) FS. History–New 10-1-75, Amended 8-1-82, Formerly 6C5-6.05, Amended 1-11-87, 6-7-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-6.006 Property Responsibility. Rulemaking Authority 240.227(1) FS. Law Implemented 273.03, 240.227(13) FS. History–New 10-1-75, Amended 5-24-76, Formerly 6C5-6.06, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-6.007 Surplus Property. Rulemaking Authority 240.227(1), 273.055(1) FS. Law Implemented 240.225, 273.04, 273.05, 273.055 FS. History–New 3-26-80, Amended 9-22-83, Formerly 6C5-6.07, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-6.008 Purchasing. Rulemaking Authority 1001.74(4) FS. Law Implemented 120.57(3)(b), 672.719, 1001.74(5), (17), (23), (29), 1001.75(5) FS. History–New 3-26-80, Amended 11-10-82, Formerly 6C5-6.08, Amended 11-11-87, 2-13-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C5-6.009 Motor Pool. Rulemaking Authority 240.227(1), 287.16 FS. Law Implemented 240.225, 287, Part II FS. History–New 3-26-80, Formerly 6C5-6.09, Amended 11-11-87, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C5-6.010 Leasing. Rulemaking Authority 240.227(1) FS. Law Implemented 240.225, 255.248, 255.249, 255.25 FS. History–New 3-26-80, Formerly 6C5-6.10, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-6.011 Florida Atlantic University Endowment Trust Fund for Eminent Scholars. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), 240.257(5), (6), 240.299 FS. History–New 7-7-81, Formerly 6C5-6.11, Amended 11-11-87, Repealed 1-9-03. 6C5-6.012 Accounts Receivable. Rulemaking Authority 120.53(1)(a), 240.227, 240.291 FS., 6C-7.011, F.A.C. Law Implemented 240.291 FS., 6C-7.011, F.A.C. History–New 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-6.013 Employee Debt Collection. Rulemaking Authority 120.53, 240.227(1) FS. Law Implemented 240.291 FS. History–New 11-11-87, Repealed by Section 20, Chapter 2011-177, Laws of Florida.

Chapter 6C5-7 MISCELLANEOUS PROVISIONS

Fla. Admin. Code R. 6C5-7 MISCELLANEOUS PROVISIONS

CHAPTER 6C5-7 MISCELLANEOUS PROVISIONS 6C5-7.001 Equal Employment Opportunity – Affirmative Action (Repealed) 6C5-7.002 Records Management and Control (Repealed) 6C5-7.003 Required Textbooks (Repealed) 6C5-7.004 University Traffic and Parking Rules 6C5-7.006 Code of Penalties (Repealed) 6C5-7.007 Disruptive Conduct (Repealed) 6C5-7.008 Trespass and Loitering (Repealed) 6C5-7.001 Equal Employment Opportunity – Affirmative Action. Rulemaking Authority 240.227(1), (5) FS. Law Implemented 6C-4.001, FAC. History–New 10-1-75, Amended 5-24-76, Formerly 6C5-7.01, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-7.002 Records Management and Control. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (7) FS. History–New 10-1-75, Formerly 6C5-7.02, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-7.003 Required Textbooks. Rulemaking Authority 240.227(1) FS. Law Implemented 112.313(12)(h) FS. History–New 10-1-75, Formerly 6C5-7.03, Repealed 11-11-87. 6C5-7.004 University Traffic and Parking Rules. (1) AUTHORIZATION. (a) Any person possessing an operator’s license valid in the State of Florida is permitted to operate a properly registered motor vehicle on the campuses of Florida Atlantic University and the Palm Beach Community College-South Campus, collectively referred to as the “campus” or the “University.” (b) The University Police Department and the Traffic and Parking Department and individuals designated by the Traffic and Parking Department, are authorized to enforce this Traffic and Parking rule. Regulatory signs and traffic control devices have the force and effect of University rules. (c) All vehicles driven or parked upon University property are subject to the provisions of this rule. (d) This rule is in effect twenty-four (24) hours of every day of the year. (e) Any vehicle not parked at a meter must display a valid decal or parking permit. (2) DEFINITIONS. (a) Abandoned Vehicle. A vehicle or conveyance which has not been moved in at least thirty (30) days, or has been moved to various spaces on campus because it cannot be driven legally on roadways, has an invalid or expired license tag or is inoperable. (b) Access Aisle. An access aisle is the area between two (2) disabled accessible parking spaces, or the area adjacent to a disabled accessible parking space that is indicated by diagonal lines. This area allows wheelchair users to enter and exit their vehicles. (c) Assigned Space. An assigned space is an individual parking space, assigned by the President or designee, to a specific person or department and includes service vehicle spaces. These spaces are reserved twenty-four (24) hours a day, seven (7) days a week. (d) Card Access Lot. A card access lot is a parking lot in which use is controlled by a key card issued upon payment of a card access fee. (e) Controlled Access Lot. A controlled access lot is a parking lot that requires a special permit in addition to a valid decal, which is issued upon payment of a controlled access lot fee. (f) Decal. A decal is a color coded sticker affixed to each vehicle, issued by FAU Traffic and Parking Department authorizing parking of a vehicle on campus for a specified length of time. (g) Disabled Accessible Parking Space. A disabled accessible parking space is a space for use only by an individual with a valid disabled parking permit, placard or license plate registered in the individual’s name. (h) Faculty. Faculty includes all FAU professors, visiting professors, adjunct professors and instructors. (i) Immobilized Vehicle. A vehicle that is rendered inoperable by a lawfully attached mechanical device such as a “boot” or clamp device. (j) Motorcycle. Motorcycle, for the purpose of this rule, includes motorcycles, motor-driven bicycles, mopeds, motor scooters and other similar motorized vehicles. (k) Non-University Vehicle. A non-University vehicle is a vehicle not registered with the Traffic and Parking Department. (l) Permit. A permit is authorization issued by the FAU Traffic and Parking Department for parking a vehicle on campus for a specified length of time. A permit may be issued by parking decal, temporary parking permit or by hangtag. (m) Staff. Staff includes A&P, USPS and OPS non-student employees. (n) Student. Student, for the purpose of this rule, includes full-time, part-time, daytime, evening and weekend FAU students and students of any other institutions leasing land or facilities on any FAU campus. (o) Lifelong Learning Society Student – for the purpose of this rule is a non-degree seeking student who is a current member of and is enrolled in the Lifelong Learning Society. (p) Traffic and Parking Department. Traffic and Parking Department includes other offices designated to conduct business on behalf of the Department. (q) Transportation Access Fee. All students will be assessed a Transportation Access fee at the time of registration to be paid along with their tuition to support the University’s transportation infrastructure and to increase student access to transportation services. (r) Vehicle. Vehicle includes all automobiles, trucks, motorcycles, mopeds, motor scooters and other similar conveyances including those that are leased or rented. (s) Visitor. Visitor, for the purposes of this rule, is a person who is neither a student, faculty or staff member, who is driving a vehicle or parking on campus. (3) REGISTRATION, FEES AND DECALS. (a) Registration.

1. Faculty and staff must register all vehicles parked on campus and pay the appropriate registration fee.
2. Students must register all vehicles parked on campus and must pay the Transportation Access Fee as provided in paragraph (3)(b).
3. The owner’s current state vehicle registration will be requested at the time of registration.
4. A parking decal will be issued upon payment of the appropriate fee and presentation of the current valid vehicle registration to the Traffic and Parking Department. The issuance of a decal does not guarantee a parking space.
5. All vehicles parked on campus must be registered with Traffic and Parking and must display a valid decal that is properly affixed to the vehicle.
6. Each individual to whom a decal is issued is responsible for any infraction caused by or citation issued to any vehicle bearing that individual’s decal.
7. The registered owner of a non-University vehicle shall be responsible for all on-campus parking violations involving that vehicle. (b) Fees.
8. Student Transportation Access Fee. a. All students are required to pay a Transportation Access fee at the time of registration to be paid along with their tuition. THIS FEE IS NON-REFUNDABLE. A parking decal will be issued to each registered student. The amount of the fee is as follows: Academic Year(s) for Which Fee Is Applicable Semester Fee Per Semester

2003-2004 Fall, Spring, $47.00

Summer $15.00

2004-2005 Fall, Spring, $48.00

2005-2006 Summer $15.00

Fall, Spring, $50.00

Summer $15.00

b. All Lifelong Learning Society students are required to pay a Transportation Access Fee at the time of Lifelong Learning registration to be paid along with tuition. THIS FEE IS NON-REFUNDABLE. A parking decal will be issued to each registered student. The amount of the fee is as follows: Academic Year(s) for Which Fee Is Applicable Term Fee Per Term

2003-2004 Fall, Winter, Spring $12.00

2004-2005 Fall, Winter, Spring $12.00

2005-2006 Fall, Winter $14.00

2006 Spring $12.00

2. Registration Fees for Employees and Others. a. Parking decals will be issued to staff/faculty and other persons upon payment of the applicable fee. Classification Decal Color Academic Year(s) for Which Fee Is Applicable Fee Per Year (except as noted)

Card access lot Red 2003-2005 $200

Controlled access lot Red/Green/Silver 2003-2005 $225/semester

Assigned spaces Red 2003-2005 $375

Faculty (except adjunct professors) Red 2003-2005 Fall 2005+ $105 $107

Staff (USPS pay grade 21 and above and all A&P) Red 2003-2005 Fall 2005+ $105 $107

USPS (USPS pay grades 1620) Red 2003-2005 Fall 2005+ $77 $79

USPS (USPS pay grade 15 and below, OPS) All adjunct professors (regardless of FTE) Red 2003-2005 Fall 2005+ $55 $57

PBCC Students Residing in FAU Housing Green 2003-2004 2004-2005 2005-2006 $109 $111 $115

Vendors Hangtag 2003-2004 2004-2005 2005-2006 $109 $111 $115

2. All employees, except student OPS employees, are authorized to elect to pay for decals via payroll deduction. The maximum number of payroll deductions shall not exceed four (4).
3. Registration Fee Reductions – The following registration fee reductions are authorized to be used in combination with other reductions, but do not apply to temporary parking permits:

(I) Fee for employees whose total appointment is halftime or less are one-half of the regular registration fees. A statement, signed by the employee’s immediate supervisor, indicating the employee’s total appointment, is required to qualify an employee for a reduced fee under this provision. This reduction is not available to adjunct professors.

(II) Fees for a second or subsequent faculty or staff vehicle are one-half of the regular registration fee.

(III) Fees for employees whose employment contracts begin after January 1 and before July 30 are one-half of the regular registration fee.

3. Employee/Student Classification – Graduate Assistants and Teaching Assistants are classified as students for the purposes of this rule. Full time OPS employees are considered staff for purposes of this rule, even if they are registered for classes. Part-time (less than 40 hours per week) OPS employees who are registered for classes are considered students for purposes of this rule.

4. Continuing Education/Open University Students – Open University & Continuing Education students must display a valid parking permit authorized by the Traffic and Parking Department at all times while parked on all FAU campuses including the Commercial Boulevard campus. Open University & Continuing Education Students registering for courses seven (7) weeks or greater in duration are required to pay the Transportation Access Fee. Open University & Continuing Education students registering for courses that are less than (7) weeks in duration, are not required to pay the Transportation Access Fee, but are required to display a parking hangtag. Such students may obtain hangtags from the Open University & Continuing Education office. The office of Open University & Continuing Education will pay a fee of $2 per hangtag to the Traffic and Parking Department prior to the issuance of the hangtags.

5. Palm Beach Community College – South Campus students who reside in FAU apartments or residence halls must register all vehicles at the FAU Traffic and Parking Department and pay the appropriate registration fee.

6. Outside Contractors – An outside contractor or an employee of an outside contractor working on an FAU campus, such as a cafeteria, bookstore, bank, copy services, mail center, health services or maintenance worker, is considered to be a staff employee for purposes of this rule. However, if any such person is also a full-time registered student, the student category is applicable to such person.

7. Volunteers – When requested by a department within the University, an invited guest lecturer or any person who teaches without remuneration or any volunteer who provides services to the University will be issued appropriate parking decals or permits free of charge as long as appropriate documentation is provided to the Traffic and Parking Department.

8. Vendors, Service Persons – A vendor or any other service person who frequently parks on campus must pay the appropriate registration fee and display a valid temporary parking permit.

9. Others Parking on FAU Campuses – Others who park on FAU campuses may purchase a valid temporary parking permit for a fee of $5.00 a week or $15.00 a month.

(c) DECALS AND PARKING PERMITS.

1. Decals.
   1. A parking decal is issued for use on any vehicle.
   2. The decal must be affixed inside the vehicle, on the driver’s side rear window. The entire decal must be displayed unaltered. The decal must be visible at all times while the registered vehicle is parked on campus. Decals may not be affixed by means other than the adhesive of the decal. A vehicle with a decal not affixed in accordance with this rule will be cited and fined for improper display.
   3. The decal is transferable and can be used on any other vehicle. The decal must be removed from the vehicle upon sale or other disposition of the vehicle or when the decal holder leaves the University upon graduation, termination of employment, relocation from a residence hall to an off-campus residence, or any other change in status that affects parking privileges.
   4. Lost, misplaced, defaced or stolen decals must be reported immediately to the Traffic and Parking Department and replaced. A decal reported lost which is later found, must be turned in to the Traffic and Parking Department. The fee for a replacement decal is $15.00. However, a free replacement decal will be issued where proof of purchase of the original decal is submitted together with the following documentation:
   (I) For a stolen decal – a signed stolen decal report filed with the Traffic and Parking Department; (II) For a stolen vehicle – presentation of a police report or insurance verification. (III) Totally destroyed vehicles – presentation of insurance claim that the vehicle has been deemed “totaled.” e. Any individual who has any unpaid FAU Traffic and Parking citations will not be permitted to register his or her vehicle or receive a parking decal until all outstanding fines are paid. However, an individual whose only citation(s) is pending appeal and where the appeal(s) is timely, will be permitted to purchase a temporary parking permit during the appeal process. f. Reproducing or defacing a decal or temporary hangtag is prohibited. An individual using a decal that has been reproduced, altered or defaced, in violation of this rule, or which has been reported lost or stolen, will be referred to law enforcement authorities. If the individual is a student, he or she will also be referred to the Dean of Students for disciplinary action. If the individual is an employee, he or she will also be referred to the appropriate Vice President for disciplinary action. In addition, the individual will be subject to a fine of $250.00 and the vehicle to which the decal was affixed will be immobilized or towed and stored at the owner’s expense.
2. Temporary Parking Permits.
   1. Issuance. Temporary parking permits will be issued by the Traffic and Parking Department. Temporary parking permits are available during regular business hours from the Traffic and Parking Department and from the University Police Department after regular business hours and on weekends. Temporary parking permits are valid only for the dates indicated on the front of the permit.
   2. Non-decal Holders. Upon request, a non-decal holder will be issued one (1) temporary parking permit without a fee valid up to one (1) day each semester.
   3. Decal Holders. Upon request, a decal holder will be issued a temporary parking permit without a fee for a maximum of three (3) consecutive days. Upon request, a decal holder whose vehicle is being repaired or was stolen will be issued a temporary parking permit without a fee for a maximum of 28 consecutive days.
   4. Purchase of Temporary Permits. Temporary permits can be purchased from the Traffic and Parking Department at the rate of $5.00 per week or $15.00 per month (28 days). No temporary permit will be issued for more than twenty-eight (28) consecutive days except as provided in sub-subparagraph (3)(c)2.e.
   5. Construction Contractors. Construction contractors, working on University construction projects, which require a parking, permit for more than twenty-eight (28) days, will only be issued a permit in excess of twenty-eight (28) days if the need has been verified by the University Architect or designee.
   6. Visitors. All visitors to the campus must obtain temporary parking permits to park anywhere on campus other than at a meter or reserved spaces.
   7. Improper Use. Improper use of a permit will result in revocation of the permit and parking privileges.
   (4) RULES FOR PARKING AND OPERATION OF VEHICLES ON CAMPUS. (a) Rules for Parking.
3. Parking.
   1. The registered owner or operator of a vehicle assumes all liability for parking on University property.
   2. All vehicles without valid decals or parking permits must park at parking meters and pay the appropriate fees.
   3. Parking at the University is regulated and controlled by designated decals and permits. Each vehicle owned or operated by a student or employee must have a valid decal or parking permit to park anywhere on campus other than at a meter.
   4. Vehicles must park in appropriately designated lots with valid decals as follows:
   Decal Designation Permitted to Park

Faculty/Staff Faculty/Staff Lot or “All Decal Lot”

Commuter Student “All Decal Lot”

Resident Student Resident Students Lot or “All Decal Lot”

Board of Trustees Any Lot or Metered Space

5. Between the hours of 7:00 a.m. and 5:00 p.m. all vehicles, except those covered in subparagraph (4)(a)2., must park in appropriate designated lots, unless posted otherwise. After 5:00 p.m. and before 7:00 a.m. on weekdays and anytime on weekends, vehicles with valid decals may park in any lot unless posted otherwise.
6. Vehicles with valid parking decals may park at meters without paying during the hours of 6:30 p.m. and 7:00 a.m. weekdays and any time on weekends, unless posted otherwise.
7. The fee for use of metered parking is set on a sliding scale. Fees shall be based upon demand for use. The maximum hourly fee shall not exceed $2.00.
8. Parking violators will be issued a citation and subject to a fine as prescribed in these regulations as follows:

(I) Parking on grass, a sidewalk, a crosswalk, a loading zone, a fire lane, a street, unimproved land or any other “no parking” area is prohibited. Violators will be subject to a fine of $15.00.

(II) A parked vehicle failing to display a valid parking decal or permit will be subject to a fine of $15.00.

(III) A vehicle that is parked in a lot designated for a decal other than the type of the decal affixed to the vehicle will be fined $15.00.

(IV) Overtime parking at a meter is subject to a fine of $15.00 per incident except as provided in sub-subparagraph (4)(a)2.a.

(V) Overnight parking on campus for the purpose of sleeping in a vehicle or using it as living accommodations is prohibited.

(VI) Motorcycles must be parked in areas designated for motorcycle parking. Bicycles must park in bike racks only. Violators will be subject to a fine of $15.00.

(VII) Repairing any vehicle on campus is prohibited, except in an emergency. The emergency must be reported to the University Police Department prior to the repair being made.

(VIII) Parking of a trailer, boat, camper, large van, airplane or commercial truck (except construction vehicles with FAU permits) is prohibited.

(IX) Vehicles may not be abandoned on campus. The registered owner of an abandoned vehicle will be notified by mail that his or her vehicle has been deemed abandoned by the Traffic and Parking Department. An abandoned vehicle not removed within ten (10) days of the date of the notification shall be towed and stored at the owner’s expense.

(X) Any parked vehicle creating a hazard, a nuisance or an impediment to traffic flow shall be subject to a fine of $25.00 and will be towed and stored at the owner’s expense.

(XI) All vehicles must be parked in one marked space only or will be subject to a fine of $15.00. White, blue or red painted lines or concrete bumpers identify a parking space.

2. Disabled Accessible Parking.

a. Any student or employee with a valid decal, who properly displays a valid state disabled parking permit, placard or license plate that is registered to the student or employee using the vehicle, may park in any disabled accessible parking space. Such individuals may park in any parking space in any lot except in assigned spaces, service vehicle spaces, or in card access or controlled access lots. Such individuals may also park free in metered spaces for up to four (4) hours.

b. A student or employee with a temporary physical disability may obtain a temporary disabled parking permit from FAU by submitting certification from his or her treating physician. The certification must be issued on the physician’s official letterhead stationery and must be dated no earlier than ten (10) calendar days before submission to the Traffic and Parking Department. The treating physician must certify that the temporary disabled parking permit is medically necessary and the length of time it is needed. FAU temporary disabled parking permits will be issued for up to thirty (30) days. A properly displayed valid temporary disabled parking permit or placard entitles an individual to park as indicated in sub-subparagraph (4)(a)2.a.

c. Any vehicle parked in a disabled accessible parking space without a valid disabled parking permit, placard or license plate will be issued a $250.00 fine.

d. An individual fined under the provisions of sub-subparagraph (4)(a)2.c. to whom a disabled parking placard was issued prior to the date of the citation, can request that the fine be reduced from $250.00 to $15.00 for failure to display the placard. The request must be submitted to the Traffic and Parking Department within fifteen (15) calendar days of the date of the citation along with the valid placard and proof that the placard was registered in the individual’s name and was valid on the date the citation was issued.

e. A student or employee to whom a disabled parking placard is issued who fails to display the placard when parked in a lot designated other than the designation of the decal affixed to his or her vehicle, will be fined $15.00. Proof of ownership of the disabled placard must be provided to the Traffic and Parking Department within 14 calendar days of issuance of the citation.

f. No vehicles may park in a disabled accessible access aisle, even those displaying a valid disabled parking permit, placard or license plate. Vehicles parked in a disabled accessible access aisle will be fined $250.00 and will be towed and stored at the owner’s expense.

g. The owner or operator of any vehicle found displaying a disabled parking permit, placard or license plate not registered to the individual using the vehicle and parked in a disabled accessible parking space will be issued a $250.00 fine and the vehicle will be towed and stored at the owner’s expense.

3. Garage Parking.

a. A current FAU parking decal is required to park in the garage. Visitors using the garage must park at metered spaces only.

b. The garage will be closed and locked each night as posted.

c. No overnight parking. Vehicles remaining in the garage after closing will be cited.

d. All vehicles must adhere to posted signage.

e. Event visitors may park in the garage at the rates established for the event, which shall not exceed $10.00.

(b) Rules for Operation of Vehicles on Campus.

1. All vehicle operators must comply with all State of Florida traffic laws and comply with ordinances of adjacent municipalities which are not inconsistent with this rule.
2. The maximum speed limit on any street on all FAU campuses is twenty-five (25) miles per hour, unless otherwise posted.
3. The maximum speed limit in parking lots is ten (10) miles per hour, unless otherwise posted.
4. Pedestrians always have the right-of-way.
5. All traffic signs must be fully obeyed. A vehicle must be brought to a complete stop before proceeding past any stop sign.
6. Driving or operating any vehicle on campus is restricted to streets and drives designed for vehicular traffic.
7. Only bicycles shall be operated on pathways specifically marked for bicycle use. (5) FINES, PENALTIES AND RELATED FEES. (a) Fines.
8. Any person in violation of any State of Florida traffic law set forth in subparagraphs (4)(b)1. through 6. shall be subject to the applicable state fines.
9. An individual charged with an infraction must either pay the prescribed fee or appeal the citation within 14 calendar days of issuance of the citation. If payment of the fine is not received in the Traffic and Parking Department within fourteen (14) days, a $10.00 late fee will be imposed.
10. Any student with an unpaid parking or other citation will not be permitted to register for classes nor receive a transcript of academic achievement, grades or a diploma until all fines and fees are paid in full. (b) Fines and Fees.
11. Schedule of fines and fees. Violations Fines

No decal/expired decal $15

Improperly affixed or displayed decal $15

Failure to display a valid decal $15

Parking in inappropriate color coded lot $15

Parking in service vehicle/reserved space $25

Overtime meter $15

Hazardous parking $25

Parking in a disabled access aisle $250

Parking in a disabled accessible space without valid disabled parking placard $250

Failure to display valid disabled parking placard registered to vehicle user $15

Defaced decal/hangtag/stolen decal $250

Replacement decal $15

Administrative fees (refund) $10

Administrative fees (release) $25

Inappropriate parking of motorcycle or bicycle $15

All other violations (except otherwise noted in this rule) $15

Late fees $10

Overnight Parking in the Garage $15

Tow Fee $35

Boot Fee $25

2. Fines and Fees Information.
   1. If a vehicle accumulates three (3) unpaid parking violations, regardless of type, upon the occurrence of a subsequent offense, the vehicle will be immobilized or towed and stored at the owner’s expense.
   2. All towing and storage authorized under this rule will be done at the registered owner or operator’s expense. Charges for towing or storage may vary according to type of vehicle, type of equipment needed and costs charged by towing or storage companies. Immobilized, towed or stored vehicles will be released when all unpaid fines and fees have been paid to the University.
   3. Payment of fines and fees shall be made by cash, check, money order or credit card.
   (6) TRAFFIC COMMITTEES AND PARKING VIOLATIONS APPEAL BOARD. (a) The Traffic Safety and Parking Committee, referred to as the “Committee” for purposes of this rule, is established by the President of the University to serve as an advisory group to the Traffic and Parking Department. The Committee is composed of seven (7) members: two (2) faculty, one (1) representative from the Office of the Vice President of Student Affairs, one (1) representative from the Office of the Vice President for Finance, one (1) representative from each Campus Vice President or equivalent, two (2) students and two (2) alternates. The Director of the University Police Department or designee will act as advisor to the Committee. (b) The Parking Violations Appeal Board, referred to as the “Board” for purposes for this rule, is a subcommittee of the Traffic, Safety and Parking Committee. It is composed of a minimum of any three (3) members who sit as an appellate body. The Board will meet as often as necessary to discharge its duties. A majority of voting members present will be required to render decisions and take action. (c) The Director of the Traffic and Parking Department and the Parking Violations Appeal Board are both designated as University Traffic Authorities to hear violations of traffic rules. In carrying out its duties, either University Traffic Authority may sustain or dismiss charges and, in its discretion, impose appropriate penalties and fees. (7) APPEALING A CITATION. (a) A citation may be appealed by filing a Request for Appeal form within fourteen (14) calendar days of issuance of the citation. A Request for Appeal form (05/14/03), which is incorporated by reference into this rule, can be obtained from the Traffic and Parking Department or at www.fau.edu/parking. The completed form, together with the appropriate supporting documentation, must be returned to the Traffic and Parking Department or submitted via email (supporting documents should be scanned and attached). Lack of knowledge of Traffic and Parking rules is not an acceptable basis on which to appeal a citation. The Director of the Traffic and Parking Department will review the documentation submitted and make a determination on the appeal within fifteen (15) days. The individual will be notified in writing of the Director’s decision. If the citation is sustained, the fine must be paid within 14 days of the date of the Director’s decision, unless a final appeal is timely filed. (b) A final appeal of the citation may be made by requesting a hearing before the Parking Violations Appeal Board. A Request For Hearing form (05/14/03), which is incorporated by reference into this rule, is available at the Traffic and Parking Department or at www.fau.edu/parking within fourteen (14) calendar days of the Director’s decision. The documentation that was reviewed by the Director will be forwarded to the Board, however the Board will make a new determination of the case. The individual appealing the citation may indicate on the form an intention to be present at the Hearing. The individual will be notified of the date, time, and location of the hearing and may present evidence. The individual will be notified in writing of the decision of the Board. If the citation is sustained, the fine must be paid within 14 calendar days of the Board’s decision. The decision of the Board is final; no further appeals are permitted. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 316.1955, 316.1964, 1006.66 FS. History–Formerly 6C5-4.03, 10-11-75, Amended 5-24-76, Renumbered and Amended 10-11-77, Amended 8-23-79, 11-10-82, 8-17-83, Formerly 6C5-7.04, Amended 11-11-87, 7-19-89, 8-25-90, 9-8-93, 12-10-95, 8-24-98, 8-11-01, 7-10-03. 6C5-7.006 Code of Penalties. Rulemaking Authority 240.227(1) FS. Law Implemented 240.261 FS. History–New 10-17-79, Formerly 6C5-7.06, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-7.007 Disruptive Conduct. Rulemaking Authority 240.227(1), 240.261, 240.262 FS. Law Implemented 240.261(2), 240.262, 240.132, 240.133 FS. History–New 3-26-80, Amended 8-1-82, Formerly 6C5-7.07, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-7.008 Trespass and Loitering. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 810.08, 810.09, 856.021, 240.268(1)-(3), 856.031 FS. History–New 9-14-81, Formerly 6C5-7.08, Amended 11-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C5-8 TUITION AND FEES

Fla. Admin. Code R. 6C5-8 TUITION AND FEES

CHAPTER 6C5-8 TUITION AND FEES 6C5-8.001 Tuition, Fee Schedule and Percentage of Cost (Repealed) 6C5-8.002 Fee Assessment and Remittance (Repealed) 6C5-8.003 Special Fees, Fines and Penalties (Repealed) 6C5-8.004 Deferred Payment of Fees (Repealed) 6C5-8.006 Limitation on Non-Resident Student Enrollment (Repealed) 6C5-8.007 Waiver of Tuition and Other Fees (Repealed) 6C5-8.001 Tuition, Fee Schedule and Percentage of Cost. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24, 1009.285 FS., General Appropriations Act, 2003-04, Conference Committee Report on General Appropriations Act, 2003. History–New 9-30-02, Amended 10-14-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-8.002 Fee Assessment and Remittance. Rulemaking Authority 100.74(4) FS. Law Implemented 1001.74(11), 1009.24, 1010.86 FS. History–New 12-31-02, Amended 10-14-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-8.003 Special Fees, Fines and Penalties. Rulemaking Authority 1001.74(4), 1010.03 FS. Law Implemented 832.07(1), 1001.74(11), 1009.24, 1010.03, 1011.48 FS., General Appropriations Act, 2003-04, Conference Committee Report on General Appropriations Act, 2003. History–New 12-31-02, Repromulgated 10-14-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-8.004 Deferred Payment of Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.27 FS. History–New 12-31-02, Repromulgated 10-14-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-8.006 Limitation on Non-Resident Student Enrollment. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(1), (10) FS. History–New 12-31-02, Repromulgated 10-14-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C5-8.007 Waiver of Tuition and Other Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.26 FS. History–New 12-31-02, Repromulgated 10-14-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Division 6C10 Florida Gulf Coast University

Chapter 6C10-1 AGENCY ADMINISTRATION

Fla. Admin. Code R. 6C10-1 AGENCY ADMINISTRATION

CHAPTER 6C10-1 AGENCY ADMINISTRATION 6C10-1.003 Non-Discrimination Policy and Complaint Procedures (Repealed) 6C10-1.004 Sexual Harassment (Repealed) 6C10-1.005 Florida Gulf Coast University; Direct Support Organizations (Repealed) 6C10-1.003 Non-Discrimination Policy and Complaint Procedures. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 240.227(5), 240.261, 760.10 FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-1.004 Sexual Harassment. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), 240.261, 760.10 FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-1.005 Florida Gulf Coast University; Direct Support Organizations. Rulemaking Authority 1001.74(4), 1004.28(2) FS. Law Implemented 1001.74(37), 1004.28 FS. History–New 3-18-03, Repealed 9-12-19.

Chapter 6C10-4 STUDENTS

Fla. Admin. Code R. 6C10-4 STUDENTS

CHAPTER 6C10-4 STUDENTS 6C10-4.001 Student Rights and Responsibilities (Repealed) 6C10-4.002 Code of Conduct and Judicial Process (Repealed) 6C10-4.004 Student Grievance Procedure (Repealed) 6C10-4.005 Student Activities (Repealed) 6C10-4.006 Student Government (Repealed) 6C10-4.001 Student Rights and Responsibilities. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), 1006.60, 1006.61, 1006.62, 1006.68 FS. History–New 1-17-99, Amended 6-15-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-4.002 Code of Conduct and Judicial Process. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), 1006.60, 1006.61, 1006.62, 1006.63 FS. History–New 1-17-99. Amended 6-15-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-4.004 Student Grievance Procedure. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), 1002.21(6) FS. History–New 1-17-99, Amended 6-15-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-4.005 Student Activities. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), 1004.26 FS. History–New 1-17-99, Amended 6-15-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-4.006 Student Government. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), 1004.26, 1009.24(9) FS. History–New 6-15-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C10-5 HUMAN RESOURCES

Fla. Admin. Code R. 6C10-5 HUMAN RESOURCES

CHAPTER 6C10-5 HUMAN RESOURCES 6C10-5.001 Descriptions, Definitions and Abbreviations (Repealed) 6C10-5.002 Delegation of Authority (Repealed) 6C10-5.003 Employee Debt Collection (Repealed) 6C10-5.004 University Police Department (Repealed) 6C10-5.005 Recruitment, Selection, and Appointment (Repealed) 6C10-5.006 Employee Security and Background Checks (Repealed) 6C10-5.007 Employee Recognition Program (Repealed) 6C10-5.008 Personnel Exchange Program (Repealed) 6C10-5.009 Employee Evaluations (Repealed) 6C10-5.010 Nepotism (Repealed) 6C10-5.011 Complaint Review Procedure for USPS Employees (Repealed) 6C10-5.012 Outside Employment/Activities (Repealed) 6C10-5.013 Additional State Compensation (Repealed) 6C10-5.014 Political Activity (Repealed) 6C10-5.016 Employee Disciplinary Procedures (Repealed) 6C10-5.017 Overlap in Position (Repealed) 6C10-5.018 Sick Leave Pool (Repealed) 6C10-5.019 Personnel Records; Limited Access 6C10-5.020 Grievance Procedures – Non-Unit Faculty and A & P (Repealed) 6C10-5.021 Non-Reappointment and Resignation of Non-Unit Faculty and A & P Employees (Repealed) 6C10-5.022 Discipline and Termination for Cause of Non-Unit Faculty and A & P Employees (Repealed) 6C10-5.001 Descriptions, Definitions and Abbreviations. Rulemaking Authority 240.227(1) FS. Law Implemented 110.131, 110.501, 240.227(5) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.002 Delegation of Authority. Rulemaking Authority 110.201(2), 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.003 Employee Debt Collection. Rulemaking Authority 240.227(1) FS. Law Implemented 240.291 FS. History–New 4-17-97, Repealed by Section 20, Chapter 2011-177, Laws of Florida. 6C10-5.004 University Police Department. (1) General. The Florida Gulf Coast University Office of Police & Public Safety provides general police services to the University including protection of its population, buildings, grounds and equipment, and the maintenance of peace and order within the University community, and at its functions. The Office of Police and Public Safety is authorized to enforce the laws of the State of Florida, the ordinances of Lee County, and the rules and regulations of Florida Gulf Coast University, including all traffic and parking rules. (2) University police shall meet the minimum standards established by the Criminal Justice Standards and Training Commission and Chapter 943, F.S., and the rules and regulations promulgated thereunder in addition to any other criteria established by state law, these rules, the rules of the Board of Regents or by the terms of a collective bargaining agreement. Rulemaking Authority 240.227(1), (5) FS. Law Implemented 240.268 FS. History–New 4-17-97. 6C10-5.005 Recruitment, Selection, and Appointment. Rulemaking Authority 240.227(1), (5) FS. Law Implemented 240.227(1), (5) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.006 Employee Security and Background Checks. Rulemaking Authority 240.227(1) FS. Law Implemented 110.1127, 240.227(5), (19) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.007 Employee Recognition Program. Rulemaking Authority 240.2111, 240.227(1) FS. Law Implemented 240.2111, 240.227(1) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.008 Personnel Exchange Program. Rulemaking Authority 110.201(2), 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 4-17-97, Repealed 10-29-00. 6C10-5.009 Employee Evaluations. Rulemaking Authority 240.227(11) FS. Law Implemented 112.27, 240.227(11) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.010 Nepotism. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (19) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.011 Complaint Review Procedure for USPS Employees. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.012 Outside Employment/Activities. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (19) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.013 Additional State Compensation. Rulemaking Authority 240.227(1) FS. Law Implemented 240.283 FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.014 Political Activity. Rulemaking Authority 240.227(1) FS. Law Implemented 104.31, 112.313, 240.227(1), (19) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.016 Employee Disciplinary Procedures. Rulemaking Authority 240.227(1), (5), 240.261 FS. Law Implemented 112.533, 240.261 FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.017 Overlap in Position. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.018 Sick Leave Pool. Rulemaking Authority 110.121, 240.227(5) FS. Law Implemented 110.121 FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.019 Personnel Records; Limited Access. (1) The Director of Human Resources is the official custodian of all Administrative and Professional, Executive Service, University Support Personnel System and Non-Adjunct Other Personal Services (OPS) University personnel records. The Vice President for Academic Affairs is the official custodian of all Faculty and Adjunct OPS University personnel records. The official custodian for these personnel records shall designate those staff members and University officials who shall have access to the records of University personnel. In accordance with Florida law, the University designates the following records as “limited-access records” which are confidential and exempt from the provisions of Section 119.07(1), F.S. Such limited-access records shall be open to inspection by the employee who is the subject of the records, by University officials responsible for the supervision of the employee, and by the President as required for use in the discharge of his/her official responsibilities. (a) Academic evaluations – Personnel records created after July 1, 1995 and containing information reflecting academic evaluations of an employee’s performance such as, but not limited to, tenure, promotion, annual evaluation, Teacher Incentive Program, faculty awards, merit increases and student course evaluation except as noted herein, are designated as limited-access records. Records comprising the common core items contained in the State University System Student Assessment of Instruction instrument are not provided limited-access status. The summary results of the common items, by course, shall be open for inspection in accordance with Chapter 119, F.S. However, the raw data gathered on the forms completed by the students are limited-access documents and not subject to public inspection. (b) Investigations of misconduct – Records created after July 1, 1995 and maintained for the purposes of any investigation of an employee’s alleged misconduct, including but not limited to a complaint against an employee and all information obtained pursuant to the investigation thereof, shall be confidential until the investigation ceases to be active or until the University provides written notice to the employee who is the subject of the complaint that the University has either (i) concluded the investigation, whether or not the conclusion contains a finding to proceed or not to proceed with disciplinary action, or (ii) issued a letter of discipline. For the purpose of this paragraph, an investigation shall be considered active for as long as it is continuing with a reasonable, good faith anticipation that a finding will be made in the foreseeable future. There shall be a rebuttable presumption that an investigation is inactive if no finding is made within 90 days after the complaint is filed. (c) Disciplinary proceedings – Records after July 1, 1995 and maintained for the purposes of any disciplinary proceeding brought against an employee shall be confidential until a final decision is made in the proceeding. The record of any disciplinary proceeding, including any evidence presented, shall be open to inspection by the employee at all times. (d) Grievance proceedings – Records created after July 1, 1995 and maintained for the purposes of any grievance proceeding brought by an employee for enforcement of a collective bargaining agreement or contract shall be confidential and shall be open to inspection only by the employee and by University officials conducting the grievance proceeding until a final decision is made in the proceeding. A decision shall be “final” for the operation of this rule when an arbitration decision has been issued, or when a step decision has been issued and the time for appeal to the next step has expired without further appeal. (2) Notwithstanding the foregoing, any records or portions thereof which are otherwise confidential by law shall continue to be exempt from the provisions of Section 119.07(1), F.S. In addition, for sexual harassment investigations, portions of such records which identify the complainant, a witness, or information which could reasonably lead to the identification of the complainant or a witness are limited-access records. (3) Except as noted above, the custodian of limited-access personnel records may release information from such records only upon authorization in writing from the employee or upon order of a court of competent jurisdiction. Rulemaking Authority 240.227(1), 240.253 FS. Law Implemented 240.253 FS. History–New 4-17-97, Amended 12-19-99. 6C10-5.020 Grievance Procedures – Non-Unit Faculty and A & P. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 4-17-97, Amended 8-18-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.021 Non-Reappointment and Resignation of Non-Unit Faculty and A & P Employees. Rulemaking Authority 240.227(1) FS. Law Implemented 240.209(3)(f), 240.227(5) FS. History–New 4-17-97, Amended 8-18-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-5.022 Discipline and Termination for Cause of Non-Unit Faculty and A & P Employees. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5) FS. History–New 4-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C10-6 PURCHASING

Fla. Admin. Code R. 6C10-6 PURCHASING

CHAPTER 6C10-6 PURCHASING 6C10-6.008 Protests (Repealed) 6C10-6.012 Statement of Intent (Repealed) 6C10-6.013 Definitions (Repealed) 6C10-6.014 Purchasing Authority of the University (Repealed) 6C10-6.015 Competitive Solicitations Requirement (Repealed) 6C10-6.016 Purchase of Commodities or Contractual Services (Repealed) 6C10-6.017 Bonds (Repealed) 6C10-6.018 Contracts (Repealed) 6C10-6.019 Standard of Conduct (Repealed) 6C10-6.020 Purchase of Motor Vehicles (Repealed) 6C10-6.008 Protests. Rulemaking Authority 240.227(1) FS. Law Implemented 120.57(3) FS. History–New 7-10-97, Amended 9-30-99, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C10-6.012 Statement of Intent. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5), (17), (29), 1001.75(5), 1010.04 FS. History–New 9-30-99, Amended 7-10-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C10-6.013 Definitions. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 287.09451, 288.703(2), 1001.74(5) FS. History–New 9-30-99, Amended 7-10-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C10-6.014 Purchasing Authority of the University. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 120.57(3), 1001.74(5), (17), (29), 1001.75(5), 1010.04 FS. History–New 9-30-99, Amended 7-10-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C10-6.015 Competitive Solicitations Requirement. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 1001.74(5), (17), (29), 1001.75(5), 1010.04 FS. History–New 9-30-99, Amended 7-10-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C10-6.016 Purchase of Commodities or Contractual Services. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 1001.74(5), (17), (29), 1001.75(5), 1010.04 FS. History–New 9-30-99, Amended 7-10-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C10-6.017 Bonds. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 120.57(3)(b), 255.05, 255.051, 1001.74(5), (17), (29), 1001.75(5), 1010.04 FS. History–New 9-30-99, Amended 7-10-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C10-6.018 Contracts. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 672.719, 1001.74(5), (17), (29), 1001.75(5), 1010.04 FS. History–New 9-30-99, Amended 7-10-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C10-6.019 Standard of Conduct. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 112.313, 1001.74(5), 1001.75(5), 1010.04 FS. History–New 9-30-99, Amended 7-10-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C10-6.020 Purchase of Motor Vehicles. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 1001.74(5), 1001.75(5), 1010.04 FS. History–New 9-30-99, Amended 7-10-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida.

Chapter 6C10-7 FINANCE AND ACCOUNTING

Fla. Admin. Code R. 6C10-7 FINANCE AND ACCOUNTING

CHAPTER 6C10-7 FINANCE AND ACCOUNTING 6C10-7.001 Tuition and Fees (Repealed) 6C10-7.003 Special Fees (Repealed) 6C10-7.004 Prompt Payment to Vendors (Repealed) 6C10-7.001 Tuition and Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24, 1009.27 FS., 2004-05 General Appropriations Act, H.B. 1835 History–New 1-12-98, Amended 4-11-00, 10-4-00, 11-17-02, 9-4-03, 1-8-04, 9-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-7.003 Special Fees. Rulemaking Authority 1001.74(4), (11) FS. Law Implemented 1001.74(11), 1009.24(12) FS. History–New 1-26-03, Amended 9-4-03, 9-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-7.004 Prompt Payment to Vendors. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5), (17), (29), 1001.75(5), 1010.04(2), 1011.4105 FS. History–New 3-10-05, Repealed by Section 21, Chapter 2011-177, Laws of Florida.

Chapter 6C10-8 PARKING AND TRAFFIC REGULATIONS

Fla. Admin. Code R. 6C10-8 PARKING AND TRAFFIC REGULATIONS

CHAPTER 6C10-8 PARKING AND TRAFFIC REGULATIONS 6C10-8.001 General 6C10-8.002 Authority of University Police 6C10-8.003 Registration of Vehicles 6C10-8.004 Decal and Permit Fees 6C10-8.005 Regulations 6C10-8.006 Enforcement 6C10-8.001 General. (1) This rule chapter applies to all persons who operate or park a motor vehicle on property owned or controlled by the University. All Lee County traffic and parking ordinances which are not in conflict or inconsistent with University rules and all provisions of Chapter 316, F.S., shall extend and be applicable to the University’s premises. The operation and parking of motor vehicles on University property are privileges and not rights which are available only through compliance with these rules. Application for and acceptance of a decal or permit shall be deemed an acknowledgment of the requirements of, and an agreement to adhere to, these rules. (2) University parking and traffic rules are enforced twenty-four hours a day, each day of the calendar year. Copies of these rules and a schedule of fees and fines are available at the University Police and Safety Department and the Cashier’s Office. The University assumes no liability for vehicles parked or operated on University premises. The issuance of a decal or permit does not guarantee a place to park. Rulemaking Authority 229.0081(2), 240.263(2) FS. Law Implemented 240.263-.265 FS. History–New 7-10-97, Amended 9-4-02. 6C10-8.002 Authority of University Police. University police are sworn law enforcement officers who are authorized and empowered to: (1) Enforce these rules and to provide for the safety of all persons on University property; (2) Make arrests, issue citations, and seek the assistance of, and cooperate with, other law enforcement agencies in carrying out their police functions; (3) Pursue violators off campus to make arrests; (4) Enforce all State of Florida laws and Lee County traffic ordinances which are not in conflict or inconsistent with these rules; and perform any other act authorized by law; and (5) Employ Civilian personnel as Police Service Aides (PSA), Safety Officers (SO) and Parking Enforcement Aides (PEA) who have been trained in the enforcement of this rule and are authorized by such training to enforce the provisions of this rule. Rulemaking Authority 240.227(1) FS. Law Implemented 240.263(1)(d), 240.268 FS. History–New 7-10-97, Amended 10-4-00. 6C10-8.003 Registration of Vehicles. (1) Any motor vehicle that is owned, leased or operated by a student, faculty or staff member, administrator, concession employee or any other person who regularly operates a motor vehicle on University property must be registered with the University and display a validly issued University parking decal or permit. Vehicles which make temporary and brief stops at one or more points on University premises including but not limited to, marked delivery trucks, utility service vehicles, vehicles for hire and buses are exempt from registration. Contractors and contractor personnel who are engaged in university construction projects are also exempted when engaged in work provided that they are parked at specified locations on project sites. (2) Unless a grace period has been established by the President, and is in effect, vehicle registrations expire on the date indicated on the decal or permit. Notice of a grace period shall be given by publication in the student newspaper and in posting in and around campus. (3) Decals and permits are issued according to the classifications contained in these rules. A decal or permit will be issued by the University Police and Safety Department upon the following conditions: (a) The owner or driver registers the vehicle with the University Police and Safety Department; (b) The owner or driver pays the appropriate fee and provides proof of the decal or permit classification to which he or she is entitled; (c) The owner or driver settles all outstanding traffic and parking fines and fees; (d) Parking privileges have not been revoked for the owner or driver; and (e) When two (or more) persons who are employed by, or are students at, the University, reside in the same household and drive separate vehicles, each is required to register and purchase a decal or permit. If two (or more) persons travel together in one vehicle, only one decal or permit is required. Rulemaking Authority 240.227(1) FS. Law Implemented 240.268 FS. History–New 7-10-97, Amended 10-4-00. 6C10-8.004 Decal and Permit Fees. The annual registration fee for decals and permits is provided below: Three or More Wheels

Affixed Hanging

General Lot Parking (students)

Provided for in transportation access fee.

General Lot Parking (non-students)

$75.00 $75.00

Faculty/Staff Lot Parking

$75.00 $75.00

Faculty/Staff Reserved Space Parking

$300.00

$300.00

Two Wheels

Affixed Hanging

General Lot Parking (students)

Provided for in transportation access fee.

General Lot Parking (non-students)

$25.00 N/A

Faculty/Staff Lot Parking

$25.00

N/A

The special event permit fee is provided below:

General Lot Parking

$1.00 per day per vehicle

With the exception of faculty/staff reserved parking, decals and permits can be purchased on a per term basis for a fee of $30.00 per term. An applicant for vehicle registration will be issued either an affixed decal or a hanging permit if available for the category of vehicle being registered as indicated by the chart above. Decals are non-transferable. Permits are transferable to any other four-wheeled vehicle that is registered in accordance with this rule and is owned, leased or operated by the applicant. Special event permit fees shall be waived for vehicles displaying valid annual or term parking decals/permits. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), (39), 1006.66, 1009.24(12)(p) FS. History–New 7-10-97, Amended 10-4-00, 9-4-02, 7-2-03, 1-8-04. 6C10-8.005 Regulations. (1) Decal/Permit Registration; Replacements; Refunds (a) If a vehicle registered by an affixed decal is sold, traded, or destroyed or if the affixed decal is defaced, the original registrant may obtain a replacement decal for a fee of $5.00 upon presenting the original decal, along with the new vehicle registration (if applicable), to the University Police and Safety Department or the Cashier’s Office. (b) All lost, stolen or defaced decals should be reported to the University Police and Safety Department. (c) Lost or stolen decals or permits will not be replaced and the registrant will be required to purchase a new decal or permit. (d) A full refund will be issued for affixed decals or hanging permits sold in the current term if returned intact before the last day of Drop/Add for that term and if the student is no longer enrolled in any course at the University. Refund checks will be mailed to students at the address recorded in the Registrar’s Office. No cash refunds will be given by the University Police and Safety Department or the Cashier’s Office. (e) University employees may elect to have vehicle registration fees deducted from their paychecks through payroll deduction. (f) Temporary permits may be issued under the following circumstances:

1. When the registered vehicle is undergoing repairs and the registrant is driving a loaner or rental vehicle;
2. When a college or department is hosting a special event such as a seminar or meeting on University property; or
3. When a college or department employs temporary or seasonal personnel for a duration of no more than two weeks. Where the duration of temporary or seasonal employment is more than two weeks, the cost of a term decal or permit shall be prorated and assessed. (2) Decal/Permit Display. Decals and permits shall be displayed according to the following regulations: (a) All persons who park motor vehicles on University premises shall display either a valid decal or permit. (b) Decals shall be permanently affixed midway down the left side of the windshield of four wheeled motor vehicles or as otherwise directed by the University Police and Safety Department at the time of registration depending upon vehicle configuration. (c) A hanging style permit shall be displayed at all times while on campus on the rear view mirror with the permit number facing outward. (d) Decal shall be permanently affixed to the rear fender of two-wheeled vehicles, or if there is no fender, as directed by the University Police at the time of registration. (e) No person shall transfer a decal or permit to another person, alter a decal or permit, falsify documents to obtain a decal or permit or to otherwise possess, obtain or display a decal or permit that is not registered in his or her name. Any such act constitutes decal/permit fraud. (3) Traffic Rules. For purposes of Rule Chapter 6C10-8, F.A.C., motorcycles, motor scooters, mopeds, bicycles and motorized disability access vehicles are considered to be motor vehicles. Operation of motor vehicles on University roadways and in parking lots is subject to the following regulations: (a) Pedestrians and wildlife have the right-of-way over motor vehicles. Pedestrians must use crosswalks when crossing a roadway. (b) The speed limit in all parking lots is 15 miles per hour and the speed limit on roadways is 30 miles an hour, unless otherwise posted. (c) Motorists and pedestrians shall follow and obey all traffic signs and devices and orders given by University police. Directions given by University police supersede posted regulations and traffic signals. (d) University police may erect barriers on roadways and in parking lots from time to time to prevent the entry of vehicles. No person shall move or remove barriers or enter into areas barricaded by police. (e) No motor vehicles, other than police, emergency or service vehicles, and motorized disability access vehicles shall be operated or parked on grass, walkways, sidewalks, fire hydrant areas, service areas, or other prohibited zones, except where specifically permitted by signage. (f) No person shall alter, deface or remove any traffic control device or sign. (g) No second person shall ride on a motorcycle, motor scooter, or bicycle unless the vehicle is designed and equipped with a seat for a second person. (h) All vehicular accidents, which occur on University property shall be reported to the University Police and Safety Department. (4) Parking Rules. (a) Posted signs, wheel stops and other markings designate the various parking areas on campus. Temporary parking areas may be designated by the University by placement of delineating signs, wheel stops or other identifying marks. Parking areas may be restricted by classification, time or purpose. Parking areas restricted by classification, time or purpose shall be considered “no parking” zones to those individuals who do not fall within the restriction of the classification. The following parking restrictions are found in areas on the University’s premises:
4. Disabled;
5. Motorcycle/moped/bicycle;
6. State Vehicles;
7. Loading Zone;
8. Visitor;
9. Faculty/Staff Lot;
10. Faculty/Staff Reserved;
11. Short Term. (b) The following rules apply to the parking of motor vehicles on University property:
12. All vehicles must park in marked parking spaces.
13. Visitors must obtain a visitor’s parking permit from the University Police Department and may park in any delineated space, unless otherwise directed by University police.
14. No vehicle shall be parked in more than one space at a time or in a manner that straddles the marked lines of a parking space.
15. No motor vehicle shall be parked or left standing in a manner that blocks the egress or ingress of another vehicle, i.e., double-parking.
16. Motor vehicles shall not be parked or left standing in such a way as to create a hazard or an obstruction with the free movement of vehicular or pedestrian traffic.
17. No vehicle shall be parked or left standing on grass, sidewalks, or on the street, unless otherwise permitted by signage.
18. A person who must leave a motor vehicle overnight on University premises due to mechanical failure, flat tire, lack of fuel and the like, must notify the University Police and Safety Department. Any vehicle left parked on campus for more than three consecutive days and nights, without notification to the University Police and Safety Department, shall be deemed abandoned and subject to towing, impoundment and disposal at the owner’s expense. Disabled vehicles shall be reported immediately to the University Police and Safety Department.
19. No major repairs to vehicles shall be performed on University property.
20. Loading zones shall be used only for the purposes of loading and unloading vehicles and only for the time limit permitted by signage.
21. No person shall park in any restricted parking space (i.e., handicapped parking, state vehicles) unless the person or vehicle satisfies the terms of the restriction. Persons with temporary disabilities may obtain special permits to park in spaces designated for handicapped parking from the University Police and Safety Department upon presentation of medical documentation. Vehicles parked in handicapped spaces without either state-issued handicapped parking permits or university-issued handicapped parking permits are subject to being towed in addition to any other penalty provided by Rule 6C10-8.006, F.A.C.
22. Any parking space within an assigned lot that is not reserved for a particular kind of parking is open on a first come basis to students, faculty, staff or other registrants.
23. Parking a vehicle on University premises following failure to pay or appeal any citation for a university decal, parking or traffic infraction within the time provided, or parking on University premises with a revoked decal or permit shall be considered illegal parking and subject the vehicle to towing and impoundment or immobilization at the owner’s expense in addition to any other penalty or fine provided by Rule 6C10-8.006, F.A.C.
24. Motorcycles, motor scooters and bicycles shall be parked only in special racks or designated areas and shall not occupy spaces designated for automobiles.
25. Residential students are prohibited from parking in all academic parking lots between 7:00 a.m. and 7:00 p.m. Monday through Friday. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), (39), 1006.66, 1009.24(12)(p) FS. History–New 7-10-97, Amended 10-4-00, 7-2-03. 6C10-8.006 Enforcement. (1) Violations. Failure to abide by any provision of these rules shall be deemed a university traffic infraction. University traffic infractions are enforced through use of written warnings, citations and fines, towing and impoundment, immobilization and any other means authorized by this rule. (2) Citations. All University Police Department employees (sworn officer, PSA’s, PEA’s or Safety Officers) have the authority to issue written university citations to persons who violate county or university decal/permit and parking rules. State of Florida Uniform Traffic Citations are issued for moving violations, which are returnable to Lee County Court for appearance and payment of fines. State of Florida Uniform Traffic Citations may carry higher fines or penalties and cannot be appealed through the University’s administrative processes. (a) Schedule of Fines. The schedule below establishes fines for university traffic infractions: If Paid within Five (5) Days

Decal/Permit Violations (Except Decal/Permit Fraud) $15.00

Decal/Permit Fraud $100.00

Parking Violations (Except Handicapped) $15.00

Handicapped Parking Violations $200.00

University Traffic Violations $15.00

(b) If Payment Received after Five (5) Days $25.00

Decal/Permit Fraud $125.00

Parking Violations (Except Handicapped) $25.00

Handicapped Parking Violations $225.00

University Traffic Violations $25.00

Late Fee: 25% of amount due.

(c) Vehicles, which remain parked in time restricted parking spaces such as Loading Zones beyond the time allowed, are subject to additional citation. Any vehicle, which remains in violation of any other provision of these rules twenty-four (24) hours beyond the time of the original citation, is subject to additional citation. (d) Administrative Action. In addition to the accrual of a fine and late fee, the University is authorized to take administrative action if a university traffic citation is not paid or appealed within the time provided in these rules. Such administrative action includes withholding of grades, degrees and/or transcripts; revocation of parking privileges; turning the citation over for collection, and/or towing and impoundment or immobilization of the person’s vehicle. (e) Permit Revocation. A person who has been accused of decal/permit fraud or who falsifies or misrepresents information when applying for or exercising parking and traffic privileges is subject to revocation of parking privileges, if such charges were sustained. (3) Responsibility for Citations. The person(s) in whose name a decal/permit is registered or in whose name a vehicle is registered with the Department of Highway Safety and Motor Vehicles, shall be held responsible for citations issued to a vehicle unless he or she furnishes the University Police Department with evidence that the vehicle was, at the time of the University Traffic Infraction, in the care, custody or control of another person. (4) Procedures for Payment of Fines and Appeals. (a) A person who has been issued a university traffic citation has five (5) university business days from the date of its issuance to settle the citation either by paying the designated fine or by filing an appeal. If payment is not made or an appeal instituted within the allotted time, a late charge shall be assessed. If the fine and fee are not paid within ten (10) days from the date the citation is issued, then the University will turn the matter over to the University’s Cashier’s Office for collection, in which case the person shall also be responsible for paying reasonable costs of collection.

1. Fines can be paid in person or by mail at the Cashier’s Office during regular university business hours. All payments should include the payor’s social security number and the citation number.
2. Appeals. Appeals of citations for university traffic infractions are instituted by filing a written appeal with the Director of University Police and Safety Department or a designee on Form UPD #1001 (4/97) which is incorporated by reference into this rule. Forms may be obtained at the University Police and Safety Department. Lack of parking spaces or the failure of others to observe these rules shall not be valid defenses to violation of the University’s parking and traffic rules. The appeal shall include a current and accurate address where notices can be sent and received. The Director of University Police or designee shall make a determination whether to grant the appeal within 10 days of receipt of the appeal. If the appeal is denied by the Director of University Police or designee, then the appeal shall be forwarded, as completed, to the University Traffic Appeals Board for hearing and resolution at its next scheduled meeting.
3. The University Traffic Appeals Board consists of five members who are appointed by the University President for two year staggered terms. The membership of the Board shall include one representative from the following: student government, faculty, Administrative and Professional, USPS and one additional member appointed at large by the President. The student, faculty, Administrative and Professional and USPS representatives will be nominated by their respective governance structures. The Director of the University Police and Safety Department shall be an ex officio member of the Traffic Appeals Board. The University Traffic Appeals Board shall have the authority to hear and resolve appeals of university traffic infractions including cases of permit revocation.
   1. Upon receipt of an appeal, the Board shall set a time and date for hearing and provide the appellant with at least five (5) University business days advance written notice. Failure of the appellant to appear at the hearing shall result in dismissal of the appeal.
   2. At the hearing, the Traffic Appeals Board shall consider any facts or evidence, which are relevant to its determination of the appeal. The board may request additional information prior to rendering its decision and may hear the testimony of the appellant, witnesses or the citing officer. The board may modify the penalties provided in Rule 6C10-8.006, F.A.C. Such modification may include a reduction in penalty or a warning to the appellant. The board shall render a decision within thirty (30) days of the close of the hearing and notify the appellant in writing.
   3. The decision to grant or deny an appeal shall be in writing and contain findings supporting the board’s determination. The decision of the Traffic Appeals Board is final without further right of review. When an appeal is denied, the fine assessed for the violation shall be paid within five (5) calendar days of notification to the appellant or a late fee of 25 percent will be assessed. The appellant will also be subject to any other administrative action authorized by these rules to collect all outstanding fines and fees.
   (5) Towing and Impoundment; Immobilization. (a) Towing and Impoundment. The University is authorized to tow and impound any vehicle, which is found to be parked in violation of this rule chapter. The towing and impoundment of a vehicle shall be used as a last resort under the following conditions: the vehicle is abandoned per subparagraph 6C10-8.005(4)(b)7., F.A.C.; the vehicle is parked in a handicapped space for which it is not permitted; hazardous parking; the parking decal/permit is fraudulent; or the registrant is deemed a chronic violator in that they have obtained three or more citations during a school term which have remained unpaid or unsatisfied during that term. (b) Immobilization. As an alternative to towing and impoundment, the University may immobilize a vehicle by attaching a wheel lock device when there are two (2) or more university traffic citations outstanding against the vehicle and timely action has not been taken to pay or appeal the citations. A vehicle may also be immobilized when it is found to display a lost, stolen, forged or altered University parking decal or permit. At the time of attachment, a notice shall be affixed to the vehicle which states the sum of outstanding fines and fees that must be satisfied before the wheel lock will be removed and the location where the moneys can be paid. A $20.00 immobilization fee shall be charged in addition to all other fines and fees which are due and owing. (c) Release of Vehicle. All outstanding fines and fees against the vehicle must be satisfied before a vehicle will be released from impoundment or immobilization. A person whose vehicle has been towed and impounded or immobilized may challenge the validity of the action by filing a written appeal to the University Traffic Appeals Board within 10 days of the date the vehicle was released, using UPD Form #1002 (4/97). The Director of University Police and Safety or designee shall review and determine whether an immediate release of the vehicle is warranted. If the subsequent appeal to the University Traffic Appeals Board is granted, the University shall refund the amount charged for towing and impoundment of the vehicle. Rulemaking Authority 240.227(1) FS. Law Implemented 240.268 FS. History–New 7-10-97, Amended 10-4-00.

Chapter 6C10-9 USE OF UNIVERSITY FACILITIES

Fla. Admin. Code R. 6C10-9 USE OF UNIVERSITY FACILITIES

CHAPTER 6C10-9 USE OF UNIVERSITY FACILITIES 6C10-9.001 Use of University Facilities (Repealed) 6C10-9.002 Use of Alcoholic Beverages on University Premises (Repealed) 6C10-9.003 Animal Control (Repealed) 6C10-9.004 Freedom of Speech and Assembly (Repealed) 6C10-9.005 Possession of Firearms and Weapons on University Property (Repealed) 6C10-9.006 Solicitation on Campus (Repealed) 6C10-9.007 Smoking and Consumption of Food in University Buildings (Repealed) 6C10-9.001 Use of University Facilities. Rulemaking Authority 240.227(1) FS. Law Implemented 255.045 FS. History–New 8-2-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-9.002 Use of Alcoholic Beverages on University Premises. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 240.261, 240.227(1), Sect. 562.01 et seq., 870.01-.04 FS. History–New 8-2-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-9.003 Animal Control. Rulemaking Authority 240.227(1) FS. Law Implemented 240.261 FS. History–New 8-2-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-9.004 Freedom of Speech and Assembly. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 240.132, 870.01-.04 FS. History–New 8-2-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-9.005 Possession of Firearms and Weapons on University Property. Rulemaking Authority 240.227(1) FS. Law Implemented 240.261, 790.06(12) FS. History–New 8-2-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-9.006 Solicitation on Campus. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (13), 255.045 FS. History–New 8-2-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C10-9.007 Smoking and Consumption of Food in University Buildings. Rulemaking Authority 240.227(1) FS. Law Implemented 386.041, 240.227(1), (13) FS. History–New 8-2-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Division 6J Florida Insustrial and Phosphate Research Institute

Chapter 6J-1 ORGANIZATION AND PURPOSE

Fla. Admin. Code R. 6J-1.001 Purpose

History

• Rulemaking Authority 378.101(4)(f) FS. Law Implemented 378.101(4) FS. History–New 1-31-79, Formerly 6C-20.01, 6C-20.001, Amended 7-5-88, 9-5-06, Repealed 2-5-18.

Fla. Admin. Code R. 6J-1.002 Offices

History

• Rulemaking Authority 378.101(4)(f) FS. Law Implemented 378.101(4) FS. History–New 1-31-79, Formerly 6C-20.02, 6C-20.002, Amended 7-5-88, 9-5-06, Repealed 2-5-18.

Fla. Admin. Code R. 6J-1.003 The Board

History

• Rulemaking Authority 378.101(4)(f) FS. Law Implemented 378.101(4), 378.102 FS. History–New 1-31-79, Formerly 6C-20.03, 6C-20.003, Amended 7-5-88, Repealed 2-5-18.

Fla. Admin. Code R. 6J-1.004 The Executive Director

History

• Rulemaking Authority 378.101(4)(f) FS. Law Implemented 378.101(4) FS. History–New 1-31-79, Formerly 6C-20.04, 6C-20.004, Amended 7-5-88, 9-5-06, Repealed 2-5-18.

Fla. Admin. Code R. 6J-1.005 Meetings and Agenda

History

• Rulemaking Authority 378.101(4)(f) FS. Law Implemented 378.101(4) FS. History–New 1-31-79, Formerly 6C-20.05, 6C-20.005, Amended 7-5-88, 9-5-06, Repealed 2-5-18.

Fla. Admin. Code R. 6J-1.006 Administration and Travel

History

• Rulemaking Authority 112.061, 378.101(4)(f) FS. Law Implemented 112.061(9)(b), 378.101(4) FS. History–New 1-31-79, Formerly 6C-20.06, 6C-20.006, Amended 7-5-88, 9-5-06, Repealed 2-5-18.

Fla. Admin. Code R. 6J-1.007 Grants

History

• Rulemaking Authority 378.101(4)(f) FS. Law Implemented 378.101(1) FS. History–New 1-31-79, Formerly 6C-20.07, 6C-20.007, Amended 7-5-88, 9-5-06, Repealed 2-5-18.

Division 6C8 Florida International University

Chapter 6C8-1 ORGANIZATION, POWERS, DUTIES AND FUNCTIONS

Fla. Admin. Code R. 6C8-1 ORGANIZATION, POWERS, DUTIES AND FUNCTIONS

CHAPTER 6C8-1 ORGANIZATION, POWERS, DUTIES AND FUNCTIONS 6C8-1.001 Purpose (Repealed) 6C8-1.009 Non-Discrimination Policy and Discrimination Complaint Procedures (Repealed) 6C8-1.010 Sexual Harassment (Repealed) 6C8-1.001 Purpose. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(4) FS. History–New 10-1-75, Formerly 6P-1.01, Repromulgated 12-23-76, Formerly 6C8-1.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-1.009 Non-Discrimination Policy and Discrimination Complaint Procedures. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (19) FS. History–New 7-6-97, Amended 11-3-02, 11-15-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-1.010 Sexual Harassment. Rulelmaking Authority 1001.74(4) FS. Law Implemented 1000.05, 1001.74(10), (19), 1006.60, 1012.92 FS. History–New 7-6-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C8-3 STUDENT AND ACADEMIC REGULATIONS

Fla. Admin. Code R. 6C8-3 STUDENT AND ACADEMIC REGULATIONS

CHAPTER 6C8-3 STUDENT AND ACADEMIC REGULATIONS 6C8-3.003 Undergraduate Admissions (Repealed) 6C8-3.004 Graduate Admissions (Repealed) 6C8-3.006 Foreign Student Admissions; Exchange Visitor Insurance Requirements (Repealed) 6C8-3.0081 Students in Military Service (Repealed) 6C8-3.003 Undergraduate Admissions. Rulemaking Authority 1007.261 FS. Law Implemented 1007.261, 1007.23 FS. History–New 10-1-75, Formerly 6P-3.02(2), Repromulgated 12-23-76, Formerly 6C8-3.03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-3.004 Graduate Admissions. Rulemaking Authority 1007.261 FS.. Law Implemented 1007.261 FS.. History–New 10-1-75, Formerly 6P-3.02(3), Repromulgated and Amended 12-23-76, Formerly 6C8-3.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-3.006 Foreign Student Admissions; Exchange Visitor Insurance Requirements. Rulemaking Authority 1007.261 FS. Law Implemented 1007.261 FS. History–New 10-1-75, Formerly 6P-3.02(5), Repromulgated 12-23-76, Formerly 6C8-3.06, Amended 1-10-95, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-3.0081 Students in Military Service. Rulemaking Authority 1001.74(4), 1004.07 FS. Law Implemented 1004.07 FS. History–New 5-8-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C8-4 UNIVERSITY PERSONNEL

Fla. Admin. Code R. 6C8-4 UNIVERSITY PERSONNEL

CHAPTER 6C8-4 UNIVERSITY PERSONNEL 6C8-4.001 General Rules and Policies Governing Personnel Matters (Repealed) 6C8-4.002 Hours of Work for Full-time Administrative, Professional and Career Service Employees (Repealed) 6C8-4.003 Full-time Employee Fringe Benefit Programs (Repealed) 6C8-4.004 Career Service Employee Performance Evaluations (Repealed) 6C8-4.005 Career Service Employee Grievances (Repealed) 6C8-4.006 Bargaining Unit Employee Disciplinary Actions (Repealed) 6C8-4.007 Career Service Employee Layoffs (Repealed) 6C8-4.008 Administrative, Professional and Faculty Leave (Repealed) 6C8-4.009 Student Employment (Repealed) 6C8-4.010 University Sick Leave Pool (Repealed) 6C8-4.013 Overload Policy (Repealed) 6C8-4.014 Bargaining Unit Faculty and Bargaining Unit Employees Vacancies, Selection, Appointments, Promotions, Internal Promotions, Reassignments, Transfers, and Demotions (Repealed) 6C8-4.015 Faculty Evaluation and Improvement (Repealed) 6C8-4.016 Nonreappointment and Resignation of Non-Tenured, Bargaining Unit Faculty (Repealed) 6C8-4.017 Administrative and Professional Staff Evaluations and Improvement (Repealed) 6C8-4.018 Termination of Employment of Administrative and Professional (A&P) Staff (Repealed) 6C8-4.019 Termination for Cause and Other Disciplinary Actions for Bargaining Unit Faculty and Bargaining Unit Employees (Repealed) 6C8-4.020 Grievance Procedure for Faculty, Administrative and Professional (A&P) and University Support Personnel System Staff (Repealed) 6C8-4.021 Sexual Harassment (Repealed) 6C8-4.022 Early/Phased Retirement Program for Non-Unit I&R Faculty (Repealed) 6C8-4.024 Meritorious Service Awards Program (Repealed) 6C8-4.025 Separation from Employment for Non-Bargaining Unit Employees (Repealed) 6C8-4.030 Disciplinary Actions for Non-Bargaining Unit Employees and Certified Law Enforcement Personnel 6C8-4.001 General Rules and Policies Governing Personnel Matters. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19) FS. History–New 10-1-75, Formerly 6P-4.01, Repromulgated 12-23-76, Formerly 6C8-4.01, Amended 8-7-96, Repealed 11-15-04. 6C8-4.002 Hours of Work for Full-time Administrative, Professional and Career Service Employees. Rulemaking Authority 240.227(1), (24), (26) FS. Law Implemented 240.227(1), (24), (26) FS. History–New 12-1-75, Formerly 6P-4.02, Repromulgated 12-23-76, Formerly 6C8-4.02, Repealed 8-1-00. 6C8-4.003 Full-time Employee Fringe Benefit Programs. Rulemaking Authority 240.227(1), (24), (26) FS. Law Implemented 240.227(1), (24), (26) FS. History–New 12-1-75, Formerly 6P-4.02, Repromulgated 12-23-76, Formerly 6C8-4.02, Repealed 8-1-00. 6C8-4.004 Career Service Employee Performance Evaluations. Rulemaking Authority 110.201 FS. Law Implemented 110.201 FS. History–New 10-1-75, Formerly 6P-4.04, Repromulgated 12-23-76, Formerly 6C8-4.04, Repealed 8-1-00. 6C8-4.005 Career Service Employee Grievances. Rulemaking Authority 110.201(2), 110.309, 110.227, 240.227(1) FS. Law Implemented 110.201(2), 110.309, 110.227, 240.227(1) FS. History–New 10-1-75, Formerly 6P-4.05, Repromulgated 12-23-76, Formerly 6C8-4.05, Repealed 8-1-00. 6C8-4.006 Bargaining Unit Employee Disciplinary Actions. Rulemaking Authority 1012.92 FS. Law Implemented 1012.92 FS. History–New 10-1-75, Formerly 6P-4.06, Repromulgated 12-23-76, Formerly 6C8-4.06, Amended 4-30-81, Formerly 6C8-4.19, Amended 8-7-96, 8-28-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-4.007 Career Service Employee Layoffs. Rulemaking Authority 110.201(2), 110.227, 240.227(1) FS. Law Implemented 110.201(2), 110.227, 240.227(1) FS. History–New 10-1-75, Formerly 6P-4.07, Repromulgated 12-23-76, Formerly 6C8-4.07, Repealed 8-1-00. 6C8-4.008 Administrative, Professional and Faculty Leave. Rulemaking Authority 110.121, 110.201, 110.219, 240.227(1), 240.243 FS. Law Implemented 110.121, 110.201, 110.219, 240.227(1), 240.223 FS. History–New 10-1-75, Formerly 6P-4.08, Repromulgated 12-23-76, Formerly 6C8-4.08, Repealed 8-1-00. 6C8-4.009 Student Employment. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 10-1-75, Formerly 6P-4.08, Repromulgated 12-23-76, Formerly 6C8-4.09, Repealed 8-1-00. 6C8-4.010 University Sick Leave Pool. Rulemaking Authority 110.121, 120.53(1)(a), 240.227(1) FS. Law Implemented 110.121, 120.53(1)(a), 240.227(6) FS. History–New 10-3-85, Formerly 6P-4.10, Repealed 8-1-00. 6C8-4.013 Overload Policy. Rulemaking Authority 240.227(1), 240.283 FS. Law Implemented 240.227(1), 240.283 FS. History–New 12-23-76, Formerly 6P-4.13, Repealed 8-1-00. 6C8-4.014 Bargaining Unit Faculty and Bargaining Unit Employees Vacancies, Selection, Appointments, Promotions, Internal Promotions, Reassignments, Transfers, and Demotions. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19) FS. History–New 4-30-81, Formerly 6C8-4.14, Amended 8-7-96, 8-28-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-4.015 Faculty Evaluation and Improvement. Rulemaking Authority 240.227(1), 240.245, 240.253 FS. Law Implemented 240.227(1), 240.245, 240.253 FS. History–New 4-30-81, Formerly 6C8-4.15, Repealed 8-1-00. 6C8-4.016 Nonreappointment and Resignation of Non-Tenured, Bargaining Unit Faculty. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19) FS. History–New 4-30-81, Formerly 6C8-4.16, Amended 8-7-96, 8-28-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-4.017 Administrative, Professional Staff Evaluvations and Improvement. Rulemaking Authority 240.227(1), 240.253 FS. Law Implemented 240.227, 240.253 FS. History–New 4-30-81, Formerly 6C8-4.17, Repealed 8-1-00. 6C8-4.018 Termination of Employment of Administrative and Professional (A&P) Staff. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19) FS. History–New 4-30-81, Formerly 6C8-4.18, Amended 8-7-76, 8-22-04, Repealed 8-28-05. 6C8-4.019 Termination for Cause and Other Disciplinary Actions for Bargaining Unit Faculty and Bargaining Unit Employees. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19) FS. History–New 4-30-81, Formerly 6C8-4.19, Amended 8-7-96, 8-28-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-4.020 Grievance Procedure for Faculty, Administrative and Professional (A&P) and University Support Personnel System Staff. Rulemaking Authority 120.53(1)(b), (c), 240.227(1) FS. Law Implemented 120.53(1)(b), (c), 120.57, 240.202, 240.227(1), (6) FS. History–New 4-27-83, Formerly 6C8-4.20, Amended 8-7-96, Repealed 8-1-00. 6C8-4.021 Sexual Harassment. Rulemaking Authority 120.53(1)(b), 120.57, 228.2001, 240.227(1), 240.261 FS. Law Implemented 228.2001, 240.227(1), 240.261, 760.10 FS. History–New 4-3-84, Amended 9-2-84, Formerly 6C8-4.21, Amended 5-3-89, 5-29-91, 1-3-93, Repealed 4-11-99. 6C8-4.022 Early/Phased Retirement Program for Non-Unit I&R Faculty. Rulemaking Authority 240.227(1) FS. Law Implemented 121.091(9), 240.227(6) FS. History–New 9-6-84, Formerly 6C8-4.22, Repealed 8-1-00. 6C8-4.024 Meritorious Service Awards Program. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19) FS. History–New 7-17-90, Repealed 11-15-04. 6C8-4.025 Separation from Employment for Non-Bargaining Unit Employees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 8-28-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-4.030 Disciplinary Actions for Non-Bargaining Unit Employees and Certified Law Enforcement Personnel. (1) Definition: For purposes of this rule “employee” means all non-bargaining unit faculty, all non-bargaining personnel, and all certified law enforcement personnel in a bargaining unit. (2) Policy. (a) A Pre-Disciplinary Review (PDR) must be conducted in conjunction with Human Resources before severe disciplinary action is imposed. The PDR shall provide the review for severe disciplinary actions recommended by supervisors. (b) Human Resources will ensure that all pertinent information is obtained so that employee behavior which necessitates severe disciplinary action shall be determined by the employee’s supervisor in consultation and with the approval of the Vice President for Human Resources or his/her designee, or the Provost or his/her designee in the case of a faculty member. (c) The University reserves the right to impose discipline at any level, including immediate termination, consistent with University policies and rules. (d) The rights and protections provided by this rule are in addition to any rights and protections provided by applicable law, University rules and policies to non-bargaining unit tenured faculty, and to non-bargaining unit tenure-earning faculty when terminated or suspended for just cause. (e) The rights and protections provided by this rule are in addition to any rights and protections provided by applicable law, University rules and policies to certified law enforcement personnel with permanent status. This rule must be construed consistently with the University Policy on Permanent Status for Certified Law Enforcement Personnel (Policy No. 66). (3) Definitions. (a) Severe Disciplinary Actions – defined as suspensions, involuntary demotions and involuntary terminations. (b) Suspension – occurs when an employee is taken off duty for a day or more without pay. (c) Involuntary Demotion – occurs when an employee is involuntarily subjected to a reduction in pay and higher functioning duties are permanently removed resulting in a lower level position. Involuntary demotion for tenured non-bargaining unit faculty shall apply only to the administrative duties that may have been assigned to such faculty. (d) Involuntary Termination – occurs when an employee is permanently separated from University employment. (4) Applicability. This rule does not apply to bargaining unit faculty and bargaining unit employees except that it does apply to certified law enforcement personnel in a bargaining unit. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 8-28-05.

Chapter 6C8-5 UNIVERSITY FACILITIES AND SERVICES

Fla. Admin. Code R. 6C8-5 UNIVERSITY FACILITIES AND SERVICES

CHAPTER 6C8-5 UNIVERSITY FACILITIES AND SERVICES 6C8-5.001 Textbooks and University Book Store (Repealed) 6C8-5.002 Duplicating Services, Publications (Repealed) 6C8-5.003 Bulletin Boards (Repealed) 6C8-5.004 University House (Repealed) 6C8-5.005 Emergencies (Repealed) 6C8-5.006 University Traffic and Parking Rules 6C8-5.007 University Library (Repealed) 6C8-5.008 Demonstrations (Repealed) 6C8-5.009 Use of University Facilities (Repealed) 6C8-5.010 Educational Research Center for Child Development (Repealed) 6C8-5.014 Application Fee and Admissions Deposit (Repealed) 6C8-5.080 Major Gift Matching Grant Program (Repealed) 6C8-5.090 Investment of Agency and Activity Funds (Repealed) 6C8-5.001 Textbooks and University Book Store. Rulemaking Authority 240.227(1), (14), (15), (16), 287.072 FS. Law Implemented 240.227(1), (14), (15), (16), 287.072 FS. History–New 10-1-75, Formerly 6P-5.01, Repromulgated 12-23-76, Formerly 6C8-5.01, Repealed 8-1-00. 6C8-5.002 Duplicating Services, Publications. Rulemaking Authority 240.227(1), (14), (15), (16), 286.25 FS. Law Implemented 240.227(1), (14), (15), (16), 287.25 FS. History–New 10-1-75, Formerly 6P-5.02, Repromulgated 12-23-76, Formerly 6C8-5.02, Repealed 8-1-00. 6C8-5.003 Bulletin Boards. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 10-1-75, Formerly 6P-5.03, Repromulgated 12-23-76, Formerly 6C8-5.03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-5.004 University House. Rulemaking Authority 240.225, 240.227(1), (24), (26), 228.041(1)(e), 287.072 FS. Law Implemented 240.225, 240.227(1), (24), (26), 228.041(1)(e), 287.072 FS. History–New 10-1-75, Formerly 6P-5.04, Repromulgated 12-23-76, Formerly 6C8-5.04, Repealed 5-10-00. 6C8-5.005 Emergencies. Rulemaking Authority 240.225 FS. Law Implemented 240.225 FS. History–New 10-1-75, Formerly 6P-5.05, Repromulgated 12-23-76, Formerly 6C8-5.05, Repealed 5-10-00. 6C8-5.006 University Traffic and Parking Rules. (1) General. This rule is applicable to all persons who operate or park a motor vehicle on the campuses of Florida International University. All Miami-Dade County traffic and parking ordinances which are not in conflict or inconsistent with University regulations and all provisions of Chapter 316, F.S., shall extend and be applicable to the University’s campuses. The Department of Parking and Traffic is authorized and empowered to enforce all University parking and traffic regulations. The University Public Safety Department is authorized and empowered to enforce University regulations, all county ordinances and state laws. Copies of the University parking and traffic regulations are available from the Department of Parking and Traffic, the Department of Public Safety, the Visitor Information Center and through the Florida International University website URL http://parking.fiu.edu. The University assumes no liability for vehicles parked or operated on University property. The issuance of a decal or permit does not guarantee a place to park. (2) Registration of Motor Vehicles. Vehicles used by members of the faculty, staff, students, (full or part-time), concessionaire employees and others who regularly operate a vehicle on campus must be registered with the Department of Parking and Traffic during the first day the vehicle is on campus. Vehicle registrations expire on the expiration date indicated on decal or permit. All visitors must use parking meters unless a parking permit has been provided by a University representative. Any motor vehicle parked on University property must display a valid University parking decal or parking permit. Use of a motor vehicle on University property is a privilege, not a right and is made available only under this rule. (a) Decals.

1. Faculty/Staff. A Faculty/Staff parking decal must be obtained for each vehicle which is, or may be, parked on the University’s campuses. Decals are issued according to the classifications contained in these regulations. A decal will be issued by the Department of Parking and Traffic, upon the following conditions:
   1. The owner or driver registers the vehicle with the Department of Parking and Traffic.
   2. The owner or driver, unless otherwise exempt, pays the appropriate fee and provides proof of the decal classification to which he or she is entitled.
   3. The owner or driver settles all outstanding parking and traffic fines and fees before a current decal or permit will be issued.
   4. When two or more persons who are employed by the University reside in the same household and register more than one vehicle, each is required to purchase a separate original decal; duplicate decals will not be issued for either person except upon proof of replacement of the originally registered vehicle. If two or more persons travel together in one vehicle, only one decal is required but a duplicate decal cannot be purchased except upon proof of replacement of the originally registered vehicle.
2. Students: Students will pay a Transportation Access Fee per semester. A student decal will be issued by the Department of Parking and Traffic to each student under the following conditions, and it is the students’ responsibility to properly display the current decal in accordance with this rule.
   1. The student must be currently enrolled at the University.
   2. The student must provide a valid vehicle registration for the vehicle on which the decal will be placed.
   3. The student must settle all outstanding parking and traffic fines and fees.
3. Decal Classifications: The issuance of decals is restricted to the classifications specified in these rules. The following decal classifications are in effect:
   1. Faculty/Staff – An “F/S” decal is available only to persons currently employed as regular or adjunct faculty; Administrative and Professional staff; University Support Personnel System employees and as Other Personal Services employees. Individuals who are currently employed by vendors or contractors with the University, or who are otherwise required by contract to obtain a decal, are also entitled to obtain a decal in this classification. A semester decal is available to faculty/staff persons who wish to purchase a decal on a semester only basis.
   2. Student – An “S” decal will be issued to those persons who are currently enrolled as students. For purposes of this rule, a person shall be considered a student regardless of the number of hours or courses for which he or she is enrolled at the University. Students residing in the University’s housing complexes are required to display a current semester housing sticker in addition to the current student decal. Students employed at the University at least thirty-five (35) hours a week may elect to purchase a faculty/staff decal.
   3. Alumni – An “ALUM” decal is available to FIU graduates who are not currently enrolled at the University and entitles the holder to park in spaces designated for student parking.
   4. Administrative – An “A” decal is available only to those employees who desire a higher level of parking service or have special parking needs based upon work requirements.
   5. Executive – An “E” decal is available only to those employees who are given written authorization by the President.
   6. Duplicate/Replacement Decal – A duplicate/replacement decal is available to faculty/staff persons who have purchased an original decal for that semester or the current year. This category is for additionally owned vehicles used alternately and for situations where the original decal must be replaced due to an accident, the re-painting of the vehicle, etc. The address on the vehicle registration for the second vehicle must be the same as that on the registration of the vehicle listed on the original decal application. A vehicle with a duplicate decal is not permitted on campus at the same time as the vehicle with the original decal.
   7. Duplicate Hang-tag – A duplicate hang-tag is available to students who have been issued an original decal for the current year. This hang-tag must be displayed on the vehicle that the hang-tag is registered for. This category is for additionally owned vehicles used alternately and for situations where the original decal must be replaced due to an accident, the re-painting of the vehicle, etc. The address on the vehicle registration for the second vehicle must be the same as that on the registration of the vehicle listed on the original decal application. A vehicle with a duplicate hang-tag is not permitted on campus at the same time as the vehicle with the original decal.
   8. Validity of Duplicate Hang-Tags – Duplicate hang-tags are valid for one academic school year, unless the student purchases a two-year duplicate hang-tag. The fee for the two-year duplicate hang-tag is $25.00 exclusive of sales tax.
4. Decal Registration Fees: a. Decals must be purchased and affixed each year. Annual executive, administrative, faculty/staff, and corresponding duplicate decals expire October 31st of each year. Faculty/Staff semester decals expire at the end of each semester for which they are issued. Alumni decals and duplicate hang-tags expire August 31st of each year. The following are the annual registration fees, exclusive of sales tax, for each decal classification:

Original Duplicate/Replacement

Executive $703.00 $30.00

Administrative $318.00 $20.00

Faculty/Staff (Annual base pay over $45,000) $182.00 $15.00

Faculty/Staff (Annual base pay over $35,000) $161.00 $15.00

Faculty/Staff (Annual base pay over $25,000) $108.00 $15.00

Faculty/Staff (Annual base pay $25,000 and under) $95.00 $15.00

Alumni $167.00 $15.00

Student Fall – N/A $15.00

Spring – N/A $15.00

Summer A, B, or C – N/A $15.00

(The fee for a student duplicate hang-tag listed above is for a hang-tag that is valid for only one academic school year. The fee for a two-year student hang-tag is $25.00 exclusive of sales tax.) b. The following are the semester registration fees, exclusive of sales tax, for each decal classification: Executive N/A N/A

Administrative N/A N/A

Faculty/Staff (Annual base pay over $45,000) $96.00 $15.00

Faculty/Staff (Annual base pay over $35,000) $85.00 $15.00

Faculty/Staff (Annual base pay over $25,000) $67.00 $15.00

Faculty/Staff (Annual base pay $25,000 and under) $58.00 $15.00

Alumni N/A N/A

Student Fall – $58.00 N/A

Spring – $58.00 N/A

Summer A, B, or C – $52.80 N/A

3. Duplicate/Replacement Decals. If a decal or a hang-tag has been lost or stolen, the incident shall be reported to the Department of Parking and Traffic, and a replacement decal or hang-tag shall be purchased. A Parking and Traffic Lost or Stolen Decal Affidavit, Form PT #11, effective 5/97, which is incorporated by reference into this rule, must be filled out.
4. Change in Status. Any individual requesting a change in decal classification due to a change in status, shall pay the difference between the fee appropriate to the classification currently in effect and that being requested. The old decal or identifiable parts, including numbers, must be returned to the Department of Parking and Traffic for auditing purposes.
5. Non-Refundable Fees. All fees paid for decal registration by faculty/staff persons shall be non-refundable except for instances where a person has mistakenly made a double payment and the request for refund is made within the same academic year in which the payment was made. The Transportation Access Fee paid by the students shall be refunded in the same manner as other student fees are refunded.

(b) Permits and Permit Fees.

1. Temporary permits are issued only by the Department of Parking and Traffic to those persons who require temporary parking authorization and who are not otherwise required by these rules or contract to obtain a decal. Permits must be applied for and are issued for durations that are commensurate with their purposes. Permits may or may not include the payment of parking fees as provided below.
2. The circumstances under which a permit rather than a decal shall be issued include but are not limited to use of a temporary vehicle; parking on the University’s campuses for occasional business-related purposes; parking on the University’s campuses for attendance at conferences and meetings; and visitors who are not otherwise required to obtain a decal. Any person who has a current decal and needs to use temporary transportation must obtain a temporary parking permit. Temporary parking permits are issued, free of charge, for a maximum of thirty (30) consecutive days.
3. Temporary 30, 60, and 90-day permits are available to persons not otherwise required by these rules or contract to obtain a parking decal. The following are the permit fees, exclusive of sales tax: 30-day permit $20.00

60-day permit $36.00

90-day permit $54.00

4. Specific visitor, vendor and contractor, and volunteer permits will be issued by the Department of Parking and Traffic upon payment of a fee as follows:
   1. Visitor fees. Short-time parking is available at meters throughout the University at a cost of 25¢ cents per 15 minutes except in PC Loading which are 50¢ cents per 15 minutes. Visitors can also park inside the Parking Garages at University Park Campus for $1.00 per hour with a maximum of $6.00 per day. University departments hosting an event can purchase garage visitor permits in advance.
   2. Vendors and Contractors fees. All vendors and contractors conducting business on campus are required to purchase a contractor permit. The following are the permit fees, exclusive of sales taxes:
   30-day permit $20.00

60-day permit $36.00

90-day permit $54.00

c. Volunteers’ Fees. Individuals outside the University who volunteer their time at either campus can purchase a volunteer permit for the following fees, exclusive of sales tax: 30-day permit $5.00

60-day permit $10.00

90-day permit $15.00

(c) Vehicle Registration Exemptions. The following persons shall not be required to register their vehicles with the Department of Parking and Traffic:

1. Representatives of news media on official business.
2. Members of the Florida International University Board of Trustees who are on campus to attend meetings and functions of the Board of Trustees. Trustees shall be issued identification which shall be prominently displayed in their vehicles.
3. Members of the FIU Foundation Board of Directors who are on campus to attend meetings and functions of the Foundation. Directors shall be issued identification which shall be prominently displayed in their vehicles. (3) Decal, Traffic and Parking Regulations, Golf Cart and Garage Parking. (a) Decal Regulations:
4. Display of Decal. Each driver who regularly parks a vehicle on campus shall display a valid decal, hang-tag, or permit. It is the responsibility of the driver to properly display a hang-tag, decal or permit so it is easily visible and readable. Failure to display it correctly may result in a violation for not having a valid decal, hang-tag or permit.
5. Decals shall be permanently affixed to the outside of the vehicle on the left side either on the rear bumper, or the outside of the window. Decals must be permanently affixed and not altered. For unusually constructed vehicles, decals shall also be permanently affixed in the manner directed by the Department of Parking and Traffic. Housing stickers shall be permanently affixed adjacent to the current student decal or on the bottom square of the hang-tag.
6. The entire decal, hang-tag, or permit must be displayed unaltered.
7. It is a violation of these rules to transfer a decal, hang-tag or permit from one vehicle to another; alter a decal, hang-tag or permit, falsify documents to obtain a decal, hang-tag or permit or otherwise obtain or display a decal, hang-tag or permit in violation of the University rules and regulations. Any such act shall constitute decal fraud and will cause the decal, hang-tag or permit to be revoked. (b) Traffic Regulations:
8. Speed Limit. The speed limit on University property is 25 miles per hour on main roads unless otherwise posted. The speed limit inside the garage is 5 mph. Speed limit inside surface lots is as posted.
9. Right-of-Way. Pedestrians and wildlife have the right-of-way over motor vehicles, including golf-carts. Pedestrians must use crosswalks when crossing a roadway.
10. Barriers. Barriers may be placed by the University at any point deemed necessary for specific temporary use. Except as required for the passage of emergency vehicles, removal of any such barrier without permission is prohibited.
11. Enforcement Directives. A directive given by a police officer or parking patroller or designee supersedes the regulations posted by sign or signal. (c) Golf-Carts:
12. Golf-carts are restricted by the Florida Department of Highway Safety and Motor Vehicles and Florida International University for use on facility premises only. Golf-carts are used primarily for the transportation of persons or cargo, are designed and regulated to be operated at speeds of less than 25 miles per hour, and are generally recognizable as a passenger or utility type cart, vehicle, club car or conveyance.
13. Any person who operates a golf-cart on University premises is deemed, by so doing, to have the knowledge, training and skill to safely operate this vehicle and shall be fully accountable for their actions and the consequences thereof.
14. Golf-cart Enforcement. Golf-carts shall be operated in accordance with the following specific rules:
    1. Golf-carts shall not be parked within 6-8 feet of the entrance or exit of any building, except at loading docks or approved designated golf-cart parking spaces.
    2. Operators shall stop golf-carts at all blind intersections and sound their horns before proceeding.
    3. Golf-carts shall not be parked or operated in any manner likely to obstruct or interfere with the flow of pedestrian or vehicular traffic in heavily traveled areas.
    4. Operators shall not stop for any extended period of time in the middle of roads and walkways. Golf-carts shall not be parked on pedestrian crosswalks.
    5. Safety precautions shall be taken while driving golf-carts through parking lots.
    6. Golf-carts shall not be driven through buildings except; 1) under circumstances of police or medical emergency, 2) in order to service that specific building wherein equipment and supplies, but not people, are being transported to the work site, or 3) in order to make a delivery of materials which cannot be otherwise transported to a specific location in a building.
    7. Where circumstances warrant operation of a golf-cart in or through any University building, as described in sub-subparagraph f. above, operators shall take the most unobtrusive route and shall follow all other operating requirements.
    (d) Parking Regulations for Surface and Garage Parking:
15. Posted signs, bumper blocks, and other markings designate the various parking areas on campus. Parking areas may be restricted by classification, time or purpose. Parking areas restricted by classification, time or purpose shall be considered no parking zones to those individuals who do not fall within the restriction of the classification. Individuals parking in areas so restricted require a decal, hang-tag, or permit. The following parking restrictions are found in areas on the University’s campuses:
    1. Executive.
    2. Administrative.
    3. Faculty/Staff.
    4. Student.
    5. Meters.
    6. Disabled.
    7. Motorcycle/Motorbike/Moped.
    8. State Vehicles.
    9. Time Limit Parking.
    10. Housing Parking.
    11. Loading Zone.
    12. Garage Visitors.
    13. Head-In Parking Only.
    14. Golf-cart.
16. Parking meters are for visitors. Use of parking meters is enforced daily, from 7:00 a.m. to 10:00 p.m. including weekends and holidays. If a meter is malfunctioning, parking at that meter is prohibited. A current decal, hang-tag or permit does not entitle the driver to park at a meter without paying the appropriate meter fee.
17. Use of parking areas designated as Faculty/Staff shall be enforced between the hours of 6:00 a.m. to 7:00 p.m., Monday through Friday, unless otherwise indicated by signage. Parking in all other areas, including Executive and Administrative, shall be observed and enforced at all times.
18. Changes in designated parking areas shall become effective at such time as signage or other identifying markings are posted.
19. No motor vehicles, other than police, emergency, or golf-carts may be operated or parked at any time on the walkways, grass, service areas, driveways or other prohibited zones, except where specifically permitted by signage. No motor vehicle, motorcycle or other type of vehicle, including a bicycle, shall be parked in such a way as to create a hazard or obstruction to traffic or access. Temporary parking areas may be designated in grass areas by the placement of delineating signs, bumper blocks or other identifying marks. Parking adjacent to any University building shall be prohibited except as identified by authorized signs.
20. No person, other than a current housing resident whose vehicle is left in a housing lot, shall leave a vehicle overnight on University property without notifying the Public Safety Department. Vehicles that are inoperable shall be reported immediately to the Public Safety Department. Vehicles left for more than three (3) consecutive days and nights, without prior approval, or which are apparently abandoned shall be subject to towing, impoundment, and disposal at the owner’s expense. The University does not assume any responsibility for motor vehicles or their contents while they are parked on campus. Vehicles registered to current housing residents may be left in housing lots during session breaks but in no event for more than three weeks, except with permission from University housing.
21. Major repairs to vehicles shall not be performed on either campus.
22. Double-parking is not allowed at any time.
23. The fact that a person may park or observe others parked in violation of the regulations without receiving a citation does not mean that the regulation is no longer in effect. Observing others illegally parked is not a valid excuse.
24. Parking on lawns, landscaped areas, sidewalks, or other areas not specifically designated by signs or curb markings as parking areas is a violation. The absence of a “No Parking” sign does not mean parking is permissible in an area.
25. Residents of housing shall abide by the parking regulations contained in the housing agreement in addition to the requirements of this rule.
26. Parking a vehicle on campus following failure to pay or appeal any citation for a university traffic infraction within the time provided, or parking on campus with a revoked decal shall be considered illegal parking and is subject to towing.
27. Parking areas designated as disabled are enforced at all times and a current state issued disabled placard/hang-tag must be visible and properly displayed. (e) Garage Parking.
28. A current FIU parking decal is required to park in the garages at no additional cost.
29. Current FIU decal holders cannot park in a visitor space without paying the additional fee.
30. Garage hours: Gold Garage 6:00 a.m. – 2:00 a.m. Mondays – Saturdays

Closed Sundays and holidays except for Special Events

Blue, Red and Panther Garages 6:00 a.m. – 2:00 a.m. Mondays – Fridays Closed weekends and holidays except for Special Events

4. No overnight parking. Vehicles must be removed prior to posted closing hours. Any vehicle left in the garage will be ticketed and is subject to towing at vehicle owner’s expense.
5. Head-in parking only.
6. Garage speed limit is 5 mph. Garage speed is radar-enforced. (4) Enforcement. (a) Violations. Failure to abide by any of the provisions of these rules shall be considered a university parking infraction. The University may enforce university parking infractions through use of warnings, citations and fines, vehicle immobilization, towing and any other means authorized by statute. (b) Citations. The Public Safety Department and the Department of Parking and Traffic are authorized to issue written citations to persons who violate university parking and traffic regulations. The Public Safety Department is also empowered to issue citations for violation of Chapter 316, F.S., and county ordinances. Only one citation will be issued for each violation.
7. Schedule of Fines. The schedule below establishes fines for the various categories of violations which are considered to be university parking infractions: No Decal $20.00

Parking on the Grass $20.00

Hazardous Parking $25.00

Overtime Parking (meter) $20.00

All Moving Violations $25.00

Restricted/Improper Parking $25.00

Overtime Parking (garage) $25.00

Unlawfully Parked in Disabled Spaced $250.00

Decal Fraud $100.00

Head-In Parking Only $15.00

Radar/Speeding Violation $25.00

Restricted “E” or “A” $30.00

Golf-Cart $25.00

Decal/Permit-Improper Display $20.00

1. Impoundment and vehicle immobilization charges vary according to type of vehicle, type of tow needed and cost of contract with current towing company.
2. Any vehicle which remains in violation of the same regulation for twenty-four (24) hours is subject to additional citations. Violations of Chapter 316, F.S., and county ordinances are returnable to the Miami-Dade County Court and may carry higher fines or other penalties.

2. Late Charges. If a university citation is not paid or appealed in the time provided by this rule, a $5.00 late charge shall be assessed in addition to the fine established for the violation. The assessment of the late charge shall not preclude the University from enforcing these rules through alternative means such as preventing registration, withholding transcripts, receiving your diploma and/or towing, or immobilizing the vehicle.

3. Remedies for Failure to Pay Fines. In addition to the assessment of a late charge fee, and other penalties as provided in this rule, the following remedies are available to the University:

a. Revoke parking and driving privileges on University property. A person whose parking privileges are revoked may not be issued a new parking decal until all prior outstanding citations are satisfied.

b. Prevent the person from registering as a student.

c. Withhold issuance of transcripts or degrees.

d. Use vehicle immobilizer.

e. Tow and impound the person’s car.

f. Take other action as necessary to collect the outstanding fines as delinquent accounts owed to the University.

4. Responsibility for Citations. The person who registers a motor vehicle with the Department of Parking and Traffic assumes responsibility for all citations issued to that vehicle. If the motor vehicle has not been registered with the Department of Parking and Traffic then the person(s) in whose name the motor vehicle is registered with the State Department of Highway Safety and Motor Vehicles shall be held responsible for citations issued to the vehicle. The presumption of responsibility may be overcome by furnishing the Department of Parking and Traffic with a sworn statement identifying the person who had custody of the vehicle at the time the citation was issued. Employees of FIU operating state university vehicles and golf-carts shall be responsible for citations issued to such vehicle(s).

(c) Procedures for Payment of Fines and Appeals. A person to whom a citation has been issued shall have ten (10) business days from the date of issuance to respond to the citation either by paying the fine or by filing an appeal. If payment or request for an appeal is not received within the allotted time, a late fee shall be assessed, and the University may take any authorized action to enforce the penalty.

1. Payment of Fines. Fines may be paid in person at the Department of Parking and Traffic by check, money order, cash payment, the FIU Panther debit card, or credit card. Alternatively, payments may be mailed to the Department of Parking and Traffic located on University Park Campus; however, late fees shall be applied in the event payment is not received by the Department of Parking and Traffic within the time provided by these rules. Fines may also be paid at the Cashier’s Office during its regular hours of operation. All payments should include the payee’s social security number and citation number. It is the responsibility of a person who pays cash at the Cashier’s Office to notify the Department of Parking and Traffic that the citation has been paid in order to assure that his or her account is properly credited.
2. Appeals Process and Procedures. Appeals of citations for university parking infractions and towing/vehicle immobilization procedures and charges may be instituted by filing a written appeal with the Department of Parking and Traffic on Form PT #4, “Parking Citation Appeal,” (effective date 6/96) according to the instructions provided on the form. This form is hereby incorporated by reference into this rule. County citations are not open to appeal through the University appeal process. County citations must be processed through the Miami-Dade County Court System. Appeal form PT #4 may be obtained at the Department of Parking and Traffic, the web site and at other locations throughout the University, such as the Visitor Information Center and Public Safety Department at both campuses. Inability to locate parking spaces or the failure of others to observe these rules shall not be considered to be valid defenses. The appeal shall include a current and accurate address where notices can be sent and received. Complete appeal forms will be forwarded by the Department of Parking and Traffic to an Appeal Hearing Officer for review and decision. Appellants do not have the option to appear in person.
   1. Appeal Hearing Officers. There shall be appointed on each campus a University Appeal Hearing Officer or Officers who shall be responsible to resolve appeals of citations for university parking infractions and/or towed or immobilized vehicles. The Appeal Hearing Officer(s) of each campus shall be appointed, by the appropriate vice president, to serve a two-year term, and may be appointed for additional terms. It is intended that Appeal Hearing Officers will be members of the University Community.
   2. Appeal Hearing Officer Procedures. Appeal Hearing Officers will receive and evaluate written appeals. They will be guided by the Parking Rules and shall consider any relevant circumstances, as articulated in the written appeal, in making their decision(s). Appeal Hearing Officers may request further information or interview the appellant, witnesses or the citing officer. Appeals will be reviewed and appellants notified by mail.
   3. Appeal Hearing Officer Decisions. Following consideration of the grounds for an appeal, the Appeal Hearing Officer shall decide on the appeal. The Appeal Hearing Officer’s decision shall contain findings of fact and be reduced to writing and a copy shall be furnished to the appellant by the Department of Parking and Traffic. The decision of the Appeal Hearing Officer is final without further right of review. Upon denial of an appeal, the fine assessed shall be paid within ten (10) business days of the date of notification to the appellant or a late fee will be assessed.
   (d) Immobilization, Towing and Impoundment-Appeals. The University may immobilize, tow and/or impound any vehicle which is found to be parked illegally or in violation of these rules. Parking after failing to pay a parking citation(s) within the allotted time constitutes illegal parking. Cash payment for tows shall be accepted at the Department of Parking and Traffic. A person whose vehicle has been immobilized, towed and/or impounded may appeal the tow or immobilization by filing a written appeal within ten (10) business days from the date of the impoundment. An Appeal Hearing Officer shall review the appeal within seventy-two (72) hours of receipt of the written appeal. The appellant shall receive notification of the appeal decision through the mail. If the immobilization or tow appeal is granted, the University shall refund the amount charged for the immobilization or tow. In lieu of the appeal, or pending such appeal, or if the appeal is denied, the owner of the vehicle or his/her authorized agent may obtain release of the vehicle by paying the citation(s), the immobilization and/or towing charges and any applicable delinquent fines. (e) University Departmental Events. All departments hosting an event, which will require additional visitor parking for guests, will require visitor permits for each vehicle per day. Pre-purchased parking spaces are available by filling out a “Request Form For Special Event Parking Permits,” PT #5 (effective 7/99), no later than three (3) business days, but preferably five (5) business days before the date of the event. Departments are encouraged to post directional signs for each event. Rulemaking Authority 1001.74(35), 1006.66 FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 10-1-75, Formerly 6P-5.06, Repromulgated 12-23-76, Amended 1-15-80, 8-20-81, 4-24-83, 8-12-85, Formerly 6C8-5.06, Amended 7-6-86, 8-31-89, 7-17-90, 7-21-91, 8-25-93, 10-26-93, 8-17-94, 8-20-95, 8-11-96, 6-12-97, 6-7-98, 7-8-99, 5-16-00, 5-24-01, 7-25-02, 12-2-02, 8-11-03, 6-17-04, 6-1-05. 6C8-5.007 University Library. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 10-1-75, Formerly 6P-5.07, Repromulgated 12-23-76, Formerly 6C8-5.07, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-5.008 Demonstrations. Rulemaking Authority 1001.74(4), 1006.60(5), 1012.92(3), 1013.10 FS. Law Implemented 1001.74(6), 1006.60(5), 1012.92(3), 1013.10 FS. History–New 12-23-76, Amended 8-7-83, Formerly 6C8-5.08, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-5.009 Use of University Facilities. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6), 1013.10 FS. History–New 12-23-76, Formerly 6C8-5.09, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-5.010 Educational Research Center for Child Development. Rulemaking Authority 120.53(1)(a), 240.227(1), 240.53(4) FS. Law Implemented 240.531 FS. History–New 4-22-84, Formerly 6C8-5.10, Repealed 8-1-00.

Chapter 6C8-6 PROPERTY AND FINANCE

Fla. Admin. Code R. 6C8-6 PROPERTY AND FINANCE

CHAPTER 6C8-6 PROPERTY AND FINANCE 6C8-6.001 Contracts and Grants (Repealed) 6C8-6.002 Student Organization Accounts (Repealed) 6C8-6.003 Authorized Signature (Repealed) 6C8-6.004 Commercial Solicitation and Advertising on Campus (Repealed) 6C8-6.005 Registration of Non-student Organizations (Repealed) 6C8-6.006 Donations to the University (Repealed) 6C8-6.007 Collection of Funds Owed to the University by Its Employees (Repealed) 6C8-6.008 University Endowment Trust Fund for Eminent Scholars (Repealed) 6C8-6.009 Tuition and Fees (Repealed) 6C8-6.010 Tuition Fees Schedule (Repealed) 6C8-6.014 Application Fee and Admissions Deposit (Repealed) 6C8-6.080 Major Gift Matching Grant Program (Repealed) 6C8-6.090 Investment of Agency and Activity Funds (Repealed) 6C8-6.100 Direct Support Organizations 6C8-6.001 Contracts and Grants. Rulemaking Authority 1004.22(13) FS. Law Implemented 1004.22 FS. History–New 10-1-75, Formerly 6P-6.01, Repromulgated 12-23-76, Formerly 6C8-6.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-6.002 Student Organization Accounts. Rulemaking Authority 240.227(1), (16), (24), (26) FS. Law Implemented 240.227(1), (16), (24), (26) FS. History–New 10-1-75, Formerly 6P-6.02, Repromulgated 12-23-76, Formerly 6C8-6.02, Repealed 8-1-00. 6C8-6.003 Authorized Signature. Rulemaking Authority 240.227(1), (16), (26) FS. Law Implemented 240.227(1), (16), (24), (26) FS. History–New 10-1-75, Formerly 6P-6.03, Repromulgated 12-23-76, Formerly 6C8-6.03, Repealed 8-1-00. 6C8-6.004 Commercial Solicitation and Advertising on Campus. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 10-1-75, Formerly 6P-6.04, Repromulgated 12-23-76, Formerly 6C8-6.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-6.005 Registration of Non-student Organizations. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 10-1-75, Formerly 6P-6.05, Repromulgated 12-23-76, Formerly 6C8-6.05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-6.006 Donations to the University. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.72 FS. History–New 10-1-75, Formerly 6P-6.07, Repromulgated 12-23-76, Formerly 6C8-6.06, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-6.007 Collection of Funds Owed to the University by Its Employees. Rulemaking Authority 1010.03 FS. Law Implemented 1010.03 FS. History–New 10-23-85, Formerly 6C8-6.07, Repealed by Section 20, Chapter 2011-177, Laws of Florida. 6C8-6.008 University Endowment Trust Fund for Eminent Scholars. Rulemaking Authority 240.2271 FS. Law Implemented 240.257 FS. History–New 4-15-87, Repealed 7-18-02. 6C8-6.009 Tuition and Fees. Rulemaking Authority 240.227(1), 240.235 FS. Law Implemented 240.235 FS. History–New 12-31-91, Repealed 8-1-00. 6C8-6.010 Tuition Fees Schedule. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24 FS., 2004-05 General Appropriations Act, Conference Committee Report on HB 1835. History–New 11-3-02, Amended 9-3-03, 8-22-04, 9-1-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-6.014 Application Fee and Admissions Deposit. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24 FS. History–New 11-20-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-6.080 Major Gift Matching Grant Program. Rulemaking Authority 240.227(1) FS. Law Implemented 240.2605 FS. History–New 6-8-88, Repealed 8-1-00. 6C8-6.090 Investment of Agency and Activity Funds. Rulemaking Authority 1011.43 FS. Law Implemented 1011.43 FS. History–New 5-8-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-6.100 Direct Support Organizations. (1) The President of the University may recommend to the Board of Trustees that an organization meeting the requirements of Section 1004.28(1)(a), F.S., be designated a Florida International University Direct Support Organization (“DSO”). Upon approval by the Board of Trustees, a DSO shall be considered to be certified and authorized to use the property, facilities and personal services of the University. (2) In order to be considered for certification as a DSO, an organization must fulfill the requirements of Section 1004.28(1)(a), F.S., and must have Articles of Incorporation and Bylaws that together: (a) Provide that any person employed by the organization shall not be considered to be an employee of the Florida International University Board of Trustees by virtue of employment by the DSO. (b) Provide that the chief executive officer or director of the DSO shall be selected and appointed by the governing board of the DSO, with prior approval of the President of the University, and that the chief executive officer or director shall report to the President or a designee reporting directly to the President. (c) Provide that any amendments to the Articles of Incorporation or Bylaws be submitted by the President of the University to the Board of Trustees for approval prior to becoming effective. (d) Provide that the President of the University shall have the following powers and duties:

1. Monitor and control the use of University resources by the organization.
2. Control the use of the University name by the DSO.
3. Monitor compliance of the organization with federal and state laws.
4. Recommend to the governing board of the DSO an annual budget.
5. Review and approve quarterly expenditure plans.
6. Approve contributions of funds or supplements to support intercollegiate athletics. (e) Provide that the organization shall provide equal employment opportunities to all persons regardless of race, color, religion, gender, age or national origin. (f) Prohibit the giving, directly or indirectly, of any gift to a political committee or committee of continuous existence as defined in Section 106.011, F.S., for any purpose other than those certified by a majority roll call vote of the organization’s governing board at a regularly scheduled meeting as being directly related to the educational mission of the University. (3) The Chair of the Florida International University Board of Trustees may appoint a representative to the governing body and the executive committee of each DSO. In addition, the President of the University or a designee shall also serve on the governing body and executive committee of each DSO. (4) Each DSO shall submit an annual budget which has been approved by its governing board and recommended by the President of the University to the Board of Trustees for review. Such proposed budget shall be submitted no later than sixty (60) days after the first day of the fiscal year to which the proposed budget pertains. Each proposed budget shall include therein: (a) Expenditures for the construction of physical facilities; and, (b) Salary supplements, compensation and benefits provided to the President, University faculty, and staff, and to DSO employees to be paid with assets of the DSO, which shall be specifically identified. (5) Each DSO shall prepare and submit to the President no later than the first day of each quarter of the organization’s fiscal year a quarterly expenditure plan that separately delineates planned actions which would cause a commitment of University resources or which represent a significant commitment of the resources of the DSO, including: (a) Major fund raising events and campaigns and their purpose. (b) Compensation and benefits to University employees and employees of the organization. (c) Capital projects, including land acquisition, construction, renovation or repair. (d) Other major commitments of the resources of the organization. (6) Each DSO shall cause a financial audit of its accounts and records to be conducted by an independent certified public accountant after the close of each fiscal year. The audit report shall be submitted by the President of the University to the Board of Trustees no later than the end of the fourth month following the close of the organization’s fiscal year. (a) Audits shall be conducted pursuant to Section 1004.28(5), F.S., and in accordance with rules adopted by the Auditor General pursuant to Section 11.45(8), F.S., and Florida International University rules. (b) The President of the University shall submit the annual audit report to the Auditor General no later than nine (9) months after the close of the organization’s fiscal year. (7) The President of the University may recommend to the Board of Trustees that an organization be decertified as a DSO if the President determines that the organization is no longer serving the best interest of the University. The recommendation for decertification shall include a plan for disposition of the organization’s assets and liabilities. Rulemaking Authority 1001.74(4), 1004.28(2) FS. Law Implemented 1001.74(37) FS. History–New 5-8-03.

Chapter 6C8-7 UNIVERSITY PURCHASING PROGRAM

Fla. Admin. Code R. 6C8-7 UNIVERSITY PURCHASING PROGRAM

CHAPTER 6C8-7 UNIVERSITY PURCHASING PROGRAM 6C8-7.021 Resolution of Protested Solicitations and Awards (Repealed) 6C8-7.022 Authority to Debar or Suspend Vendors (Repealed) 6C8-7.030 Purchasing (Repealed) 6C8-7.032 Prompt Payment (Repealed) 6C8-7.021 Resolution of Protested Solicitations and Awards. Rulemaking Authority 120.57(3), 1010.04(2) FS. Law Implemented 120.57(3), 1010.04(2) FS. History–New 9-16-80, Amended 11-3-82, Formerly 6C8-7.21, Amended 4-21-88, 9-6-93, Repealed by Section 21, Chapter 2011-77, Laws of Florida. 6C8-7.022 Authority to Debar or Suspend Vendors. Rulemaking Authority 1010.04(2) FS. Law Implemented 1010.04(2) FS. History–New 9-16-80, Formerly 6C8-7.22, Amended 4-21-88, 9-6-93, Repealed by Section 21, Chapter 2011-77, Laws of Florida. 6C8-7.030 Purchasing. Rulemaking Authority 1010.04(2) FS. Law Implemented 112.313, 119.07(3)(m), 120.57(3), 287.059, 627.719, 1004.22(7), 1010.04(2) FS. History– New 12-2-02, Amended 8-22-04, Repealed by Section 21, Chapter 2011-77, Laws of Florida. 6C8-7.032 Prompt Payment. Rulemaking Authority 1010.04(2) FS. Law Implemented 1010.04(2) FS. History–New 6-17-04, Repealed by Section 21, Chapter 2011-77, Laws of Florida.

Chapter 6C8-11 STUDENTS

Fla. Admin. Code R. 6C8-11 STUDENTS

CHAPTER 6C8-11 STUDENTS 6C8-11.003 Access to Student Education Records (Repealed) 6C8-11.005 Alcoholic Beverages (Repealed) 6C8-11.007 Disruptive Conduct (Repealed) 6C8-11.003 Access to Student Education Records. Rulemaking Authority 1001.74(4) FS. Law Implemented 119.07(1)(a), 1002.22, 1006.52 FS. History–New 4-3-84, Formerly 6C8-1.06(3), 6C8-11.03, Amended 11-2-89, 1-3-93, 11-3-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-11.005 Alcoholic Beverages. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6), (10), (19) FS. History–New 8-12-85, Formerly 6C8-11.05, Amended 4-16-91, 9-3-03, 8-22-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C8-11.007 Disruptive Conduct. Rulemaking Authority 1001.74(4), 1006.60 FS. Law Implemented 1001.74(10), 1006.60 FS. History–New 10-22-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Division 6C13 Florida Polytechnic University

Chapter 6C13-1 Parking

Fla. Admin. Code R. 6C13-1 Parking

CHAPTER 6C13-1 PARKING 6C13-1.002 University Traffic Rules 6C13-1.003 Parking on University Property 6C13-1.004 Schedule of Parking Fees and Fines 6C13-1.002 University Traffic Rules. (1) General. This rule is applicable to all persons who operate motor vehicles (“motorists”) or bicycles on the campus of Florida Polytechnic University. “Motor vehicles” include, but are not limited to, automobiles, trucks, scooters, motorcycles, golf carts, and mopeds. The University assumes no liability for motor vehicles or bicycles operated on University property. (2) Citations issued. Law enforcement officers, including University police, have the authority to issue written citations to persons who violate the University’s parking and traffic rules. (3) Applicable laws. All ordinances of the adjacent municipality relating to traffic that are not in conflict or inconsistent with these traffic rules shall extend and be applicable to the University campus. In addition, all provisions of Chapter 316, F.S., are applicable to the University campus. These rules and laws are in effect 24 hours a day, all year long. (4) Speed Limit. The speed limit on campus is 10 miles per hour in parking lots and 25 miles per hour on main roads, unless otherwise posted. The speed limit in surface lots is as posted. (5) Right-of-Way. Motorists shall yield the right-of-way to pedestrians within a crosswalk and to wildlife and bicyclists. (6) Barriers. The University may place barriers such as cones, signs and barricades at any point deemed necessary. Except as required for the passage of emergency vehicles, removal of any such barrier without permission from an authorized University official is prohibited. (7) Flow of Traffic. Motorists may not drive a motor vehicle in opposition to the direction that is indicated by signs, flow of traffic or directional arrows. (8) Driving in Prohibited Zones. Motorists may not drive motor vehicles, with the exception of police vehicles, emergency vehicles or golf carts, on the grass, walkways, or the confines of a building or other prohibited zones. (9) Enforcement Directives. A directive given by a police officer or parking patroller or designee temporarily supersedes these rules any contrary posted sign or signal. (10) Traffic Rules on Web Site. Copies of the University traffic rules are available on the Florida Polytechnic University web site. (11) University Traffic Violation Fines, University traffic violations will result in a fine of $25.00. Such fine shall be paid or appealed in the same manner as parking citations are paid and appealed under Rule 6C13-1.003, F.A.C. The Appeal Hearing Officer(s) will be guided by this rule and any relevant circumstances in making a decision. If the fine is paid timely, the late payment charges and other remedies for failure to timely pay fines or charges provided in Rule 6C13-1.003, F.A.C., will be available to the University. (12) State Uniform Traffic Citations. If charged with violating a traffic regulation enumerated in Chapters 316 and 318, F.S., the cause shall proceed in accordance with Chapters 315 and 318, F.S., and is not appealable through the University administrative processes. Likewise, violations of applicable ordinances of the adjacent municipality shall proceed in accordance with the municipality’s processes and are not appealable through the University administrative processes. Rulemaking Authority 1001.706(2) FS. Law Implemented 1006.66 FS. History–New 10-9-14. 6C13-1.003 Parking on University Property. (1) General. This rule is applicable to all persons who park a motor vehicle on the campus of Florida Polytechnic University (the “campus”). All Polk County parking ordinances which are not in conflict with or not inconsistent with University rules and all provisions of Chapter 316, F.S., shall extend and be applicable to the campus. The University parking and traffic rules are available on the Florida Polytechnic University website. The University assumes no liability for vehicles parked or operated on the campus or University property. The issuance of a digital parking pass (“parking pass”) or permit does not guarantee a place to park. Information regarding parking fees and fines can be found in Rule 6C13-1.001, F.A.C., Schedule of Parking Fees and Fines. (2) Registration of Motor Vehicles. Vehicles used by University employees, students, (full or part-time), concessionaire employees, vendors and those who regularly park a vehicle on campus must be registered with the University and have a valid digital parking pass on or before the first day the vehicle is on campus, unless exempt from this requirement elsewhere in this rule. The license plate must be registered to the parking pass to be considered valid. Vehicle registrations expire on the expiration date indicated on the digital permit or decal. Use of a motor vehicle on the campus or University property is a privilege, not a right and is made available only under this rule. The following persons are not required to register their vehicles with the University: (a) Representatives of news media on official business. (b) Members of the Florida Polytechnic University Board of Trustees who are on campus to attend meetings and functions of the Board of Trustees. Trustees are issued special permits which must be prominently displayed in their vehicles. (c) Members of the Florida Polytechnic University Foundation Board of Directors who are on campus to attend meetings and functions of the Foundation. Directors are issued special permits which must be prominently displayed in their vehicles. (d) Visitors, however, visitors must pay the applicable parking fee, unless a complimentary parking permit has been provided, and may only park in areas designated for visitors. (3) Persons Required to Have Digital Parking Passes. (a) Employees. University employees and temporary employees must obtain a digital parking pass for each vehicle that is, or may be, parked on the campus. Digital parking passes are issued according to the classifications contained in this rule. A digital parking pass will be issued to such employees provided the following conditions are met:

1. The employee registers the vehicle with the University.
2. The employee, unless otherwise exempt, pays the appropriate fee and provides proof of eligibility for the requested digital parking pass classification.
3. The employee has settled all outstanding parking and traffic fines and fees prior to the digital parking pass being issued. When two or more University employees reside in the same household and drive more than one vehicle, each is required to purchase a separate original digital parking pass. (b) Students. Students must obtain a digital parking pass for each vehicle that is parked on campus. The University will issue a student a digital parking pass provided the following conditions are met:
4. The student is currently enrolled at the University and pays the appropriate digital parking pass registration fee.
5. The student provides a valid vehicle registration for the vehicle on which the digital parking pass will be registered.
6. The student has settled all outstanding parking and traffic fines and fees prior to the digital parking pass being issued. (c) Vendors, Employees of contracted service providers must purchase a digital parking pass for each vehicle that is, or may be, parked on campus. (4) Digital Parking Pass Classifications. The issuance of digital parking passes is restricted to the classifications specified in this rule. The following digital parking pass classifications are in effect: (a) Student Commuter – An annual commuter student digital parking pass is issued to those persons who are currently enrolled as students and have paid the Transportation Access Fee. A single semester commuter digital parking pass (fall, spring, or summer) is available during an academic school year to students who do not wish to purchase an annual digital parking pass. (b) Student Resident – An annual resident student digital parking pass is issued to those persons who are currently enrolled as students, have paid the Transportation Access Fee, and are residing on campus. A single semester resident digital parking pass (fall, spring, or summer) is available during an academic school year to students who do not wish to purchase an annual digital parking pass. (c) Employee Annual – An employee annual digital parking pass is available to University employees, OPS employees and temporary employees. (d) Employee Semester – A single semester digital parking pass (fall, spring, or summer) is available during an academic school year to employees who do not wish to purchase an annual digital parking pass. (e) Vendor Annual – A vendor annual digital parking pass is available to vendor employees. (f) Vendor Semester – A single semester digital parking pass (fall, spring, or summer) is available during an academic school year to vendors who do not wish to purchase an annual digital parking pass. (g) Economy Annual – A select number economy annual digital parking pass is available for those wishing to park only in designated economy lots. (h) Economy Semester – A select number of single semester digital parking pass (fall, spring, or summer) is available during an academic school year for those wishing to park in designated economy lots. (i) Adjunct Faculty Annual – An adjunct annual digital parking pass is available to adjunct faculty. (j) Adjunct Faculty Semester – A single semester digital parking pass (fall, spring, or summer) is available during an academic school year to adjunct faculty who do not wish to purchase an annual digital parking pass. (k) Reserved – A reserved digital parking pass is available to University employees, vendors and students who wish to have access to parking in designated reserve spaces or lots. (l) Employee Special – Special Employee Digital Permits are only available to employees with a primary office assignment not located at the main campus (JD Alexander Campus). (5) Display of License Plate. (a) Each driver who regularly parks a vehicle on campus must have his/her license plate registered and clearly visible. It is the responsibility of the driver to properly register his/her vehicle and update vehicle information as needed. Failure to register a vehicle or have a clearly visible license plate may result in a violation for not having a valid digital parking pass. (b) The entire license plate must be displayed unaltered and clearly visible. (c) It is a violation of this rule to alter a license plate and/or, falsify documents to obtain a digital parking pass. Any such act constitutes digital parking pass fraud and will cause the digital parking pass to be revoked. (d) Digital parking passes utilize the vehicle license plate number as the digital parking pass number. Stickers, vehicle covers, or any other objects cannot cover the vehicle’s license plate. (e) The license plate must be clearly visible to parking enforcement officers. Vehicles backing into a parking space without a front license plate is not considered visible will be a violation of this rule. (6) Permits. (a) The University may issue temporary permits to those persons who require temporary parking authorization and who are not otherwise required by this rule or by contract to obtain a digital parking pass. Permits must be applied for and are issued for durations that are commensurate with their purposes. Permits may or may not require the payment of permit fees as provided below. (b) The circumstances under which a permit rather than a digital parking pass may be issued include, but are not limited to, parking on the campus for occasional business-related purposes; parking on the campus for attendance at conferences and meetings; and parking by visitors who are not otherwise required to obtain a digital parking pass. Departments hosting events on campus which will require additional visitor parking for guests must obtain visitor permits from the Department of Parking and Transportation for each vehicle per day. Departments are encouraged to post directional signs for such events. (7) Parking Areas. (a) Designation and Restricted Areas. Posted signs, bumper blocks, and other markings designate the various parking areas on campus. Parking areas may be restricted by classification, time or purpose. Parking areas restricted by classification, time or purpose shall be considered no parking zones to those individuals who do not fall within the restriction or the classification. Individuals parking in areas so restricted are still required to obtain the appropriate digital parking pass decal. The following parking restrictions are found on the campus: ● Student ● Employee ● Premium ● Kiosk/Visitor Park and Pay ● Motorcycle/Motorbike/Moped ● Reserved ● State Vehicles ● Time Limited Parking ● Loading Zone ● Handicapped/Disabled ● Golf Cart Changes in designated parking areas are effective at such time as signage or other identifying markings are posted. (b) Parking Kiosk. Kiosk parking (Visitor Park and Pay) is enforced 24 hours a day, including weekends and holidays. If a kiosk is malfunctioning, parking in that kiosk space is prohibited. A current digital parking pass or permit does not entitle the driver to park in a Visitor Park and Pay space without paying the appropriate visitor parking fee. (c) Handicapped/Disabled Parking. Parking areas designated as disabled or handicapped are enforced at all times and a current state issued disabled placard/hang-tag or license plate must be visible and properly displayed on the vehicle along with having a digital parking pass or permit. (d) Parking in Non-Designated Areas. Parking on lawns, landscaped areas, sidewalks, or other areas not specifically designated by signs or curb markings as parking areas is a violation. The absence of a “No Parking” sign does not mean parking is permissible in an area. No motor vehicles, other than police vehicles, emergency vehicles, service or repair vehicles, or golf-carts, may be parked at any time on the walkways, grass, service areas, driveways or other prohibited zones, except where specifically permitted by signage. No motor vehicle, motorcycle or other type of vehicle, including a bicycle, shall be parked in such a way as to create a hazard or obstruction to traffic or access. Temporary parking areas may be designated in grass areas by the placement of delineating signs, bumper blocks or other identifying marks. Parking adjacent to any University building is prohibited except as identified by authorized signs. (e) Overnight Parking. No person, other than a current campus housing resident whose vehicle is left in a parking lot, shall leave a vehicle parked overnight on University property without first notifying Parking and Transportation Services. Vehicles that are inoperable shall be reported immediately to Parking and Transportation Services. Vehicles left for more than three (3) consecutive days and nights, without prior notification to Parking and Transportation Services, or which are apparently abandoned are subject to towing, impoundment, and disposal at the vehicle owner’s expense. The University does not assume any responsibility for motor vehicles or their contents while the vehicles are parked on University property. Vehicles registered to current housing residents may be left in parking lots during semester breaks but in no event for more than three weeks, unless the person has obtained the prior written permission of Parking and Transportation Services. (f) Vehicle Repair. Major repairs to vehicles shall not be performed on the campus. (g) Double Parking. Double-parking is not allowed at any time. (h) Parking a vehicle on campus following failure to pay or appeal any citation for a university parking or traffic infraction within the time provided, or parking on campus with a revoked digital parking pass shall be considered illegal parking and the vehicle is subject to towing. (i) Parking Golf-carts.
7. Golf-carts must be parked at least 8 feet from the entrance or exit of any building, except at loading docks or approved designated golf-cart parking spaces.
8. Golf-carts shall not be parked in any manner likely to obstruct or interfere with the flow of pedestrian or vehicular traffic in heavily traveled areas.
9. Golf-carts shall not be parked on pedestrian crosswalks. (8) Enforcement. (a) Violations. Failure to abide by any of the provisions of this rule shall be considered a university parking infraction. The University may enforce university parking infractions through use of warnings, citations and fines, vehicle immobilization, towing and any other means authorized by statute. (b) Citations. The Public Safety Department and the Department of Parking and Transportation are authorized to issue written citations for violations of this rule. The Public Safety Department is also empowered to issue citations for violations of Chapter 316, F.S., and county ordinances. Only one citation per calendar day will be issued to a vehicle for each category of violation. Any vehicle which remains in violation of the same category of violation for more than one calendar day is subject to additional citations for the same. Violations of Chapter 316, F.S., and county ordinances are returnable to the Polk County Court and may carry higher fines or other penalties. (c) Remedies for Failure to Pay Fines or Charges. In addition to the assessment of a late payment charge, and other penalties as provided in this rule, the University has the following remedies when the fines or charges are not timely paid:
10. Revoke the vehicle owner or digital parking pass or decal owner’s parking and driving privileges on University property. A person whose parking privileges are revoked may not be issued a new parking digital parking pass or decal until all prior outstanding citations are satisfied.
11. Prevent the vehicle owner and digital parking pass/decal owner from registering as a student.
12. Withhold the vehicle owner and digital parking pass/decal owner’s transcripts or degrees.
13. Immobilize the vehicle.
14. Have the vehicle towed and impounded.
15. Take other action as necessary to collect the outstanding fines as delinquent accounts owed to the University such as the use of a collection agency. (9) Responsibility for Citations. If the vehicle is registered with the University, the person who registered the vehicle with the Department of Parking and Transportation (“digital parking pass owner”) is responsible for all citations issued to that vehicle. If the vehicle has not been registered with the Department of Parking and Transportation, then the person(s) in whose name the vehicle is registered with the State Department of Highway Safety and Motor Vehicles (“vehicle owner”) is responsible for citations issued to the vehicle. University employees operating University vehicles and golf-carts are responsible for any citations issued to such vehicle(s) while under their control. (10) Deadline for Payment of Fines or Filing of Appeals. Citations must be either paid for or appealed within ten (10) business days from the date the citation was issued. If the payment or a request for an appeal is not received by the Department of Parking and Transportation within the ten business day period, the late charge shall be assessed, and the University may take any authorized action to enforce the penalty. (11) Payment of Fines and Charges. Fines and charges may be paid by credit card through the Florida Polytechnic University website or in person at the Department of Parking and Transportation by check, money order, credit card, or the Florida Polytechnic debit card. Alternatively, payments may be mailed to the Department of Parking and Transportation located on the campus; however, late fees shall be applied in the event payment is not received by the Department of Parking and Transportation within the time provided by these rules. All payments sent by mail should include the payee’s University ID number, if any, and the citation number. (12) Appeal Process and Procedures. Appeals of University-issued citations for parking infractions and towing/vehicle immobilization procedures and charges may be instituted by timely filing a written appeal with the Department of Parking and Transportation on Form PT #1, ‘Parking Citation and Towing/Vehicle Immobilization Appeal Form’ (“Appeal Form PT”), within ten business days of the date the citation was issued and according to the instructions provided on the form. This form is hereby incorporated by reference into this rule. Appeal Form PT may be obtained on the University’s website and at the Department of Parking and Transportation. The Appeal Form PT is also available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09108. County citations are not open to appeal through the University appeal process. County citations must be processed through the Polk County Court system. Inability to locate parking spaces or the failure of others to observe these rules shall not be considered to be valid defenses. The appellant shall provide a current and accurate email address where notices related to the appeal can be sent to and received by the appellant. If the appellant does not provide an email address on the Appeal Form PT, the notices will be sent to the mailing address provided by the appellant on the Appeal Form PT. Completed and signed Appeal Form PTs will be forwarded to an Appeal Hearing Officer for review and decision. (a) Appeal Hearing Officers. An Appeal Hearing Officer or Officers will be appointed by the President or designee, and they are responsible for resolving appeals of citations for university-issued parking infractions and/or charges or procedures for towing, impounding, or immobilization of vehicles. It is intended that Appeal Hearing Officers will be members of the University Community. (b) Appeal Hearing Officer Procedures. Appeal Hearing Officers receive and evaluate the written appeals. (An appeal from a person whose vehicle has been immobilized, towed and/or impounded will be reviewed within two business days of receipt of the written appeal.) Appeal Hearing Officers are guided by the Parking Rules and they shall consider any relevant circumstances, as articulated in the written appeal, in making their decisions. Appeal Hearing Officers may also request further information or interview the appellant, witnesses or the citing officer to assist in making a decision. (c) Appeal Hearing Officer Decisions. Following consideration of the grounds for an appeal, the Appeal Hearing Officer makes a decision on the appeal. The Appeal Hearing Officer’s decision shall contain findings of fact and be reduced to writing, and a copy shall be furnished to the appellant via email. The decision of the Appeal Hearing Officer is final without further right of review. (d) Appeal Denied. Upon denial of an appeal, the fine or charges assessed shall be paid within ten (10) business days of the date of notification to the appellant or the late payment charge will be assessed. (e) Immobilization or Tow Appeal. In lieu of the appeal, or pending such appeal, or if the appeal is denied, the owner of the vehicle or his/her authorized agent may obtain release of the vehicle by paying the citation(s), the immobilization and/or towing charges and any applicable delinquent fines. If the immobilization or tow appeal is granted, the University shall refund the amount charged for the immobilization or tow. Rulemaking Authority 1006.66 FS. Law Implemented 1006.66, 1009.24(14)(r) FS. History‒New 8-4-14, Amended 3-4-18. 6C13-1.004 Schedule of Parking Fees and Fines. (1) Digital Parking Pass Fees. The following are the registration fees for digital parking passes, exclusive of sales tax: Type of Decal Annual Semester

Student Commuter Digital Permit $115.00 $60.00

Student Resident Digital Permit $115.00 $60.00

Economy Lot Digital Permit $85.00 $50.00

Employee Digital Permit (Annual base pay <$25K) $200.00 $80.00

Employee Digital Permit (Annual base pay <$45k) $225.00 $90.00

Employee Digital Permit (Annual base pay <$75k) $250.00 $100.00

Employee Digital Permit (Annual base pay <$95k) $275.00 $110.00

Employee Digital Permit (Annual base pay <$105K) $300.00 $120.00

Employee Digital Permit (Annual base pay >$105K) $325.00 $130.00

Adjunct Faculty Parking Permits $100.00 $50.00

Reserved Digital Permit $500.00 N/A

Special Employee Digital Permits *Special Employee Digital Permits are only available to employees with a primary office assignment not located at the main campus (JD Alexander Campus). $100.00 $50.00

Vendor $200.00 $80.00

All digital parking pass registration fees are nonrefundable except for instances where a person has mistakenly made an overpayment, and the request for refund is made within the same academic year in which the overpayment was made. (2) Vendor Permit Fees. Specific visitor, vendor and contractor permits will be issued by the University upon payment of a fee as follows, excluding sales tax: Permits and Permit Fees Amount

Visitors Permit $5.00

30-day Permit $35.00

60-day Permit $65.00

90-day Permit $95.00

(a) If a vendor or contractor’s business on campus is of a daily and ongoing nature that exceeds 90 days, vendor or contractor will not be issued permits but will be required to purchase a digital parking pass as provided above, in subsection (1), Digital Parking Pass Fees. (b) All permit fees are nonrefundable. (3) Parking Citation Fines and Fees. The following are the established fines for the various categories of violations which are considered to be University parking infractions: Parking Citations Amount

Late Fees $10.00

No Decal/Permit $30.00

Parking on the Grass $30.00

Backing into Parking Space where prohibited. $30.00

Hazardous Parking $30.00

Overtime Parking (kiosks) $30.00

Restricted/Improper Parking $30.00

Unlawfully Parking in Handicap Space $250.00

Digital Parking Pass/Permit Fraud $100.00

Parking in Reserved Space $50.00

Improper Display of Permit/Digital Parking Pass (Covering license plate) $30.00

Immobilization Fee $50.00

Tamper with or unauthorized removal of immobilizing devise (Boot). $250.00 + replacement cost

(a) Impoundment Charges. Impoundment charges vary according to the method of impoundment used, type of vehicle being impounded, and type of tow needed and cost of contract with the current towing company. (b) Late Payment Charges. If a University citation is not paid or appealed in the time provided by this rule, a $10.00 late charge shall be assessed in addition to the fine established for the violation. The assessment of the late charge shall not preclude the University from enforcing these rules through alternative means. Additional fees will be assessed if the University has a collection agency collect the fines or charges. Rulemaking Authority 1006.66 FS. Law Implemented 1006.66, 1009.24(14)(r) FS. History‒New 3-4-18.

Chapter 6C13-6 Personnel

Fla. Admin. Code R. 6C13-6 Personnel

CHAPTER 6C13-6 PERSONNEL 6C13-6.008 Personnel Records and Limited-Access Records 6C13-6.008 Personnel Records and Limited-Access Records. (1) Purpose. The purpose of this rule is to establish clear policy and procedures for access to personnel records and other employee information maintained by the University. (2) Personnel Records and Sunshine Law. Personnel records and other employee information maintained by the University are subject to the provisions of this rule and may also be subject to other laws and regulations that limit public access to such records or parts thereof. All requests for inspection or duplication of personnel records must be made to Human Resources. Generally, University personnel records are public records and under the Sunshine Law are open for public inspection; however, University personnel records may contain confidential information, such as limited-access records (as described below), social security numbers, health information, and/or other information which is exempt from public inspection or disclosure by Florida law. Therefore, prior to allowing inspection of or providing copies of any personnel records, such records must be sent to the Office of the General Counsel to ensure that the confidential information has been redacted. Copies of the public records will be furnished upon request at a cost as provided in Section 119.07(4), F.S. (3) Limited-Access Records. “Limited-access” records are confidential and are not subject to public inspection under the provisions of Section 119.07, F.S. During the time the limited-access records are deemed confidential, the custodian of the limited-access records may allow inspection of the records or release information from the records only upon receiving the employee’s written authorization or upon receiving an order from a court of competent jurisdiction. For purposes of this rule, limited-access records shall include: (a) Records that contain information reflecting “academic” evaluations of employee performance. For purposes of this rule, “Academic evaluations” means performance evaluation documents regarding an employee who is designated as academic personnel, or is subject to the faculty or academic personnel evaluation process. Examples of such records include records resulting from an academic evaluation process such as: promotion, annual evaluation, student evaluation of teaching (except records comprising the common core items contained in the State University System Assessment of Instruction instrument), teaching incentive programs, compression/inversion, other faculty awards, and merit increases. Records comprising the common core items contained in the University Student Assessment of Instruction, or comparable instrument, are not limited-access records. The summary results of the common core items, by course, shall be open for inspection in accordance with Chapter 119, F.S.; however, raw data gathered on the forms that have been completed by the individual students is limited-access information. (b) Records maintained for the purposes of any investigation of employee misconduct. Records maintained for the purposes of an investigation of employee misconduct (the complaint and all information obtained pursuant to the investigation of such complaint) shall be confidential only until such time as the investigation ceases to be active, or the University provides written notice to the employee who is the subject of the complaint that the University has either concluded the investigation with a finding to proceed or not to proceed with disciplinary action, or has issued a letter of discipline. An investigation is presumed inactive if no finding is made within ninety (90) days after the investigation begins, but the University may overcome that presumption through appropriate documentation in the records. However, for sexual harassment investigations, portions of such records which identify the complainant, a witness, or information which could reasonably lead to the identification of the complainant or a witness retain their confidential status even after the investigation is closed. The records related to the investigation shall be open to the University employees who are conducting the investigation, the administrator responsible for the appointment and assignment of the employee being investigated, and their respective designees. To the extent necessary to meet the due process requirements of applicable University rules, policies, or other agreements, certain records related to the investigation may be open to the employee being investigated at the time indicated in the applicable policies, or other Agreements. A notice of proposed disciplinary action is confidential until the University issues a letter of discipline or decides not to proceed further with disciplinary action. (c) Records maintained for purposes of any disciplinary proceedings. Records maintained for the purposes of any disciplinary proceeding brought against an employee shall be confidential until a final decision is made in the proceeding. The records shall be open to University personnel conducting the proceeding, the administrator responsible for the appointment and assignment of the employee, and other University personnel representing the University in the proceeding. The record of the proceeding itself, including any evidence presented during the proceeding, is open to inspection by the employee at all times. (d) Records maintained for purposes of any grievance proceedings. Records maintained for the purposes of any grievance proceeding brought by an employee shall be confidential and shall be open to inspection only by the employee and by officials of the University conducting the grievance proceeding until a final decision is made in the proceeding. (4) Custodian. Human Resources is the custodian of the central personnel files of University employees. Additional personnel information may be maintained under the custodial responsibility of the vice presidents or directors. The custodians of such personnel records are responsible for designating, in a manner consistent with the provisions of this rule, the University personnel who have access to the employee information that is not open to public inspection (including limited-access records). Rulemaking Authority 1001.706, 1006.66(2) FS. Law Implemented 1012.91 FS. History‒New 8-4-14.

Chapter 6C13-10 Direct Support Organizations

Fla. Admin. Code R. 6C13-10 Direct Support Organizations

CHAPTER 13-10 DIRECT SUPPORT ORGANIZATIONS 6C13-10.002 University Direct Support Organizations 6C13-10.002 University Direct Support Organizations. Rulemaking Authority 1001.706(2), 1004.28(2)(b) FS. Law Implemented 1001.706(3)(c), 1004.3451, 1004.28 FS. History‒New 8-4-14, Repealed 2-4-19.

Division 6D Florida School for the Deaf and the Blind

Chapter 6D-1 BY-LAWS OF THE BOARD OF TRUSTEES

Fla. Admin. Code R. 6D-1.001 Appointment and Jurisdiction

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(a), 242.331(4) FS. History–New 12-19-74, Formerly 6D-1.01, Repealed 11-30-98.

Fla. Admin. Code R. 6D-1.002 Appointment and Jurisdiction

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Amended 9-8-85, Formerly 6D-1.02, Amended 2-22-95, Amended 4-2-02, Repealed 2-18-13.

Fla. Admin. Code R. 6D-1.003 Meetings

(1) Unless otherwise directed by the Board, the Board of Trustees shall hold monthly meetings on the campus of the Florida School for the Deaf and the Blind at a date and time determined by the Board.

(2) A quorum at any meeting shall consist of four (4) members of the Board. A majority of such quorum shall decide any questions that may come before the meeting. If at any meeting, less than a quorum is present, the Trustees present or a majority of them, may adjourn the meeting to another time and/or place.

(3) “Roberts Rules of Order, Revised,” shall be followed in conducting the meetings of the Board unless otherwise provided by the Board.

(4) The order of business at any regular or special meeting of the Board shall be:

(a) Call to order.

(b) Roll call.

(c) Consideration of minutes.

(d) Reports by committees.

(e) Report by President.

(f) Report by department heads.

(g) Unfinished business.

(h) New business.

(i) Individual or group hearings.

(j) Election of officers when necessary.

(k) Adjournment.

(5) Agenda and notice of meetings, workshops, electronic communication media meetings and emergency meetings. Agenda and notice requirements for meetings, workshops, electronic communications media meetings and emergency meetings shall be prescribed in the Rules of the Administration Commission Model Rules of Procedure, Chapter 28-102, F.A.C., entitled Agenda and Scheduling of Meetings and Workshops and Chapter 28-109, F.A.C., entitled Conducting Proceedings by Communications Media Technology.

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Amended 9-8-85, Formerly 6D-1.03, Amended 4-2-02.

Fla. Admin. Code R. 6D-1.004 Officers

(1) The officers of the Board of Trustees shall be a Chair and a Vice Chair, each of whom shall be elected from among the members of the Board of Trustees for a term of one (1) year, unless sooner removed by the Board of Trustees or the Governor, and each of whom shall hold office until his/her successor shall be elected and qualified. Said officers shall be elected by the Board of Trustees at its first regular meeting after June 30 of each year. If any office becomes vacant during the year, the Board of Trustees shall fill same for the unexpired term.

(2) The Chair shall preside at all meetings of the Board of Trustees. He/she shall execute all contracts as required on authority of and in the name of the Board of Trustees. He/she shall transmit the annual report of the President to the Governor and shall have such other duties and powers as directed by the Board of Trustees. He/she shall appoint the members of and serve as ex-officio voting member of all committees of the Board of Trustees.

(3) The Vice Chair shall, in the absence, disqualification or disability of the Chair, or at his/her direction, exercise all the functions of the Chair and shall have such other duties as the Chair of the Board of Trustees shall assign to him/her.

(4) The President of the Florida School for the Deaf and the Blind shall serve as Secretary to the Board of Trustees and Chief Executive Officer of the Florida School for the Deaf and the Blind. He/she shall have custody of, and maintain, all of the corporate records and corporate seal, shall record the minutes of all meetings of the Board of Trustees and shall send notices of all meetings to the members of the Board and the State Board of Education. He/she shall perform such other duties as may be prescribed by the Board of Trustees.

(5) Any of said officers may be removed from office for malfeasance in office or conduct prejudicial to the School’s interest by a vote of not less than two-thirds of the whole membership of the Board of Trustees at any regular or special meeting of the Board; provided, however, that any officer so sought to be removed shall be given not less than ten days’ notice in writing of the charges to be proffered against him/her, and shall be given an opportunity to refute the same before the Board.

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(a), 242.331(2) FS. History–New 12-19-74, Formerly 6D-1.04, Amended 7-26-90, 11-1-95, 4-2-02.

Fla. Admin. Code R. 6D-1.005 Seal

The corporate seal of the Board of Trustees shall consist of two concentric circles, between which is inscribed: The Florida School for the Deaf and the Blind, St. Augustine, Florida. Printed within the inner circle shall be an outline of the State of Florida, under which is inscribed EST. 1885. The location of the School shall be indicated by the letters FSDB inscribed on the upper east coast of the state outline, with six rays emanating from the letters FSDB toward the inner circle.

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(a), 242.331(4) FS. History–New 12-19-74, Formerly 6D-1.05, Amended 4-29-91.

Fla. Admin. Code R. 6D-1.008 Committees

At the discretion of the Board of Trustees, the Chair may establish committees as deemed necessary to assist in the operation of the Florida School for the Deaf and the Blind. The Endowment Investment Committee shall be a standing committee whose membership shall be reviewed by the Chair on an annual basis and appointments made as necessary. No committee, or individual, may act on behalf of the board, unless expressly authorized by the board.

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Formerly 6D-1.08, Amended 8-26-86, 7-26-90, 4-2-02.

Fla. Admin. Code R. 6D-1.011 Travel and Per Diem for Board of Trustees

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 112.061(2)(a), 120.53(1)(b), 242.331(4) FS. History–New 9-8-85, Formerly 6D-1.11. Repealed 2-18-13.

Fla. Admin. Code R. 6D-1.012 Forms and Standard Instructions

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 9-8-85, Formerly 6D-1.12, Amended 4-2-02, Repealed 2-18-13.

Fla. Admin. Code R. 6D-1.013 Naming Facilities

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 7-26-90, Amended 4-2-02, Repealed 2-18-13.

Fla. Admin. Code R. 6D-1.014 School Advisory Council

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4), 230.23(18), 229.592 FS. History–New 3-13-94, Repealed 2-18-13.

Chapter 6D-2 PHILOSOPHY AND OBJECTIVES

Fla. Admin. Code R. 6D-2.004 Specific Objectives in the Department for the Deaf

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4), 120.53(1)(a) FS. History–New 12-19-74, Formerly 6D-2.04, Amended 8-26-86, Repealed 2-18-13.

Fla. Admin. Code R. 6D-2.005 Specific Objectives in the Department for the Blind

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4), 120.53(1)(a) FS. History–New 12-19-74, Formerly 6D-2.05, Amended 8-26-86, Repealed 2-18-13.

Chapter 6D-3 ENROLLMENT REQUIREMENTS: IDENTIFICATION AND ASSIGNMENTS OF STUDENTS

Fla. Admin. Code R. 6D-3.001 Scope and Purpose

History

• Rulemaking Authority 120.53(1)(b), 242.331(2), (3) FS. Law Implemented 120.53(1)(b), 229.053(2)(i), (j), 242.331(4) FS. History–New 12-19-74, Amended 1-29-76, 1-28-80, Formerly 6D-2.01, Amended 8-26-86, Repealed 11-30-98.

Fla. Admin. Code R. 6D-3.002 Admission and Enrollment Requirements

(1) Definitions. All references to “School” shall mean the Florida School for the Deaf and Blind (FSDB).

(a) Admission. The registration of a student who has been determined to meet the School’s eligibility criteria for enrollment as a full-time student in the educational program at the School.

(b) Applicant. A child or adult student who seeks admission into the educational program of the School.

(c) Application. The form entitled Application for Student Evaluation (FSDB 2013-01), effective as of April 24, 2015, incorporated by reference, available on the internet at http://www.fsdb.k12.fl.us/application/AppforStuEvalEnglish4-6-15.pdf also available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-06966, or Application for Student Evaluation (FSDB 2013-01 SP), effective as of April 24, 2015, incorporated by reference, available on the internet at http://www.fsdb.k12.fl.us/application/AppforStuEvalSpanish4-6-15.pdf, also available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-06967, or by sending a request to Florida School for the Deaf and the Blind, Admissions, 207 N. San Marco Avenue, St. Augustine, Florida 32084, provided by the School to all individuals seeking admission to the School’s educational program. Accurate completion of the form is mandatory and a prerequisite to the process for determining a student’s eligibility for admission.

(d) Application process. Also known as the Intake Process. The process for determining a student’s eligibility for admission to the School’s educational program. The process shall start with the applicant submitting a complete and accurate application, shall include a thorough review of the applicant’s records, including the results of any new evaluations obtained by School professionals, and shall conclude with the determination of the applicant’s eligibility or ineligibility for admission.

(e) Assignment. The determination by the staffing committee of the educational program(s) in the School to which the student is assigned.

(f) Deaf or Hard-of-Hearing. Applicants or students who meet the following criteria shall satisfy the hearing loss requirement for eligibility to attend the School:

1. An audiological evaluation documents a permanent or fluctuating hearing threshold level that interferes with progress in any one (1) of the following areas: developmental skills or academic performance, social-emotional development, or linguistic and communicative skills as evidenced by:

a. A hearing threshold level of 25 decibel (dB) ± 5 dB or greater based on pure tone average or average of 500, 1000, and 2000 Hz unaided in the better ear; or

b. A high frequency hearing threshold level of 25 dB ± 5 dB or greater based on pure tone average of 1000, 2000, and 3000 Hz unaided in the better ear; or

c. A unilateral hearing threshold level of 50 dB ± 5 dB or greater based on pure tone average of 500, 1000, and 2000 Hz unaided; or

d. Auditory Evoked Potential responses evidencing permanent hearing loss at multiple frequencies equivalent to or in excess of the decibel hearing loss threshold criteria for pure tone audiometric testing specified in subparagraphs (f)(1)a., b., and c. of this rule; and

2. The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C., effective as of December 23, 2014, incorporated by reference, available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05196.

(g) Dual-Sensory Impaired. Applicants or students who meet the following criteria shall satisfy the dual-sensory impairment requirement for eligibility to attend the School:

1. For students who are diagnosed with a medical condition having the potential for dual sensory loss:

a. A medical report from a physician licensed in Florida in accordance with Chapter 458 or 463, F.S., unless a report of medical examination from a physician licensed in another state is permitted in accordance with paragraph 6A-6.0331(3)(e), F.A.C., effective as of December 23, 2014, incorporated by reference, available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05198, confirming the existence of such a diagnosis, its prognosis, and the potential for dual sensory loss; and,

b. The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.; or

2. For students with vision and hearing loss:

a. Evidence of a vision loss as established in paragraph 6D-3.002(1)(p), F.A.C., or functional blindness as defined by paragraph 6A-6.03022(1)(b), F.A.C., effective as of December 23, 2014, incorporated by reference, available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05199; and,

b. Evidence of a hearing loss as established in paragraph 6D-3.002(1)(f), F.A.C., or functional hearing loss as defined by paragraph 6A-6.03022(1)(c), F.A.C.; and

c. The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.

(h) Educational program. The placement, services, and individualized instruction provided to a student specifically tailored to address the student’s educational strengths, weaknesses and objectives. All references to the term “educational program” in this rule shall refer to the day program of the School.

(i) Enrollment. The registration by the School of the applicant’s name on the School’s student roster for purposes of recording with the State the student’s attendance at the School. The student may be enrolled as either a fully admitted student who meets the School’s eligibility criteria, or as a student on Temporary Assignment pending an eligibility determination.

(j) File Review process. The process of conducting a comprehensive review of an application for admission to the School’s educational program, as well as all accompanying records to determine whether additional records or information is or are necessary before the applicant can be scheduled for Intake evaluations.

(k) Florida applicant. An applicant whose residence is within the state of Florida.

(l) Residence. The actual physical presence in a place as the parent, legal guardian or adult applicant’s place of abode, with the intention to remain there permanently or for an indefinite period of time. Actual presence of the parent, legal guardian or adult applicant for the sole purpose of receiving free education shall not be considered residence.

(m) Staffing Committee. Committee of School professionals, including the Staffing Coordinator, evaluators, assistant principals, and Individual Education Plan (IEP) Coordinators, who participate in making a determination as to whether a student meets the School’s eligibility criteria for admission to the educational program. An Eligibility Staffing Committee makes the recommendation as to whether an applicant meets the School’s eligibility criteria. A Continuation Staffing Committee makes the recommendation as to whether an enrolled student continues to meet the School’s admission criteria.

(n) Staffing Coordinator. School professional who facilitates an applicant’s file review process, is knowledgeable about the School’s enrollment criteria, and serves as the Chairperson of Eligibility and Continuation Staffing Committee meetings. The Staffing Coordinator is the President’s Designee and makes the final decision on the applicant’s eligibility for the School.

(o) Temporary Assignment. An applicant’s attendance (with parental or guardian consent if the student is a minor) in the School for no more than 90 school days for the School staff to complete evaluations and gather additional information to make an eligibility determination. Temporary Assignment status does not guarantee admission to the educational program as a student who meets the School’s eligibility criteria. If the Eligibility Staffing Committee determines that a student on Temporary Assignment status is not eligible for admission to the educational program, the student shall return to the student’s local educational agency. If the student pursues a due process hearing to challenge the School’s ineligibility determination, the student’s “stay put” placement shall not be the School, but shall be the student’s local educational agency.

(p) Visually Impaired. Applicants or students who meet the following criteria shall satisfy the vision loss requirement for eligibility to attend the School:

1. Medical. A licensed ophthalmologist or optometrist has documented an eye condition that causes an impairment as manifested by at least one of the following:

a. A visual acuity of 20/70 or less in the better eye after best possible correction;

b. A peripheral field so constricted that it affects the student’s ability to function in an educational setting;

c. A progressive loss of vision which may affect the student’s ability to function in an educational setting, not including students who have learning problems that are primarily the result of either or both of visual perceptual and visual motor difficulties; or

d. For children birth to five (5) years of age or students who are otherwise unable to be assessed, bilateral lack of central, steady, or maintained fixation of vision with an estimated visual acuity of 20/70 or less after best possible correction; bilateral central scotoma involving the perimacula area (20/80-20/200); bilateral grade III, IV, or V Retinopathy of Prematurity (ROP); or documented eye impairment as stated in paragraph 6A-6.03014(3)(a), F.A.C., effective as of March 1, 2008, incorporated by reference, available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05197;

2. The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.

(2) Criteria for Admission and Continued Enrollment.

(a) Florida applicants who meet the School’s admission criteria are qualified for enrollment or continued enrollment without the payment of tuition. Non-Florida applicants who meet admission criteria other than residency shall be enrolled on a tuition basis provided that such enrollment does not deny admission to any qualified applicant who is a resident of Florida.

(b) In addition to meeting the criteria for admission, an applicant shall be classified as a “Florida student” or a “non-Florida student.” A non-Florida student shall be required to pay the tuition charges annually established by the Board of Trustees.

1. In determining residence, the School shall consider such matters as voter registration, driver’s license, automobile registration, location of bank accounts, rent receipts or any other similar evidence that tends to show the intent to abide in a jurisdiction permanently or for an indefinite period of time.

2. If the applicant is a minor:

a. The applicant shall be presumed to have the same residence as the applicant’s parents or as the parent who has legal custody of the applicant, in the absence of contrary evidence.

b. If the applicant’s parents reside outside Florida or if the parent who has legal primary custody of the applicant resides outside Florida, the applicant will be presumed to be a non-Florida student in the absence of contrary evidence.

c. If the applicant claims entitlement to be classified as a Florida student due to the appointment by a court of competent jurisdiction of a guardian, or if the applicant has a legal custodian other than the applicant’s parents, the burden of establishing a Florida residence is on the applicant.

3. Application for admission as a “Florida student” shall include a written statement by the applicant if 18 years of age or older, or made by the applicant’s parents, guardian or legal custodian if a minor, that the applicant is entitled to classification as a Florida student under this rule.

(c) Eligible applicants shall be offered enrollment in the School’s day program upon attaining three (3) years of age.

(d) Eligible applicants eighteen years or older shall be offered enrollment through the age of twenty-one.

(e) An applicant is qualified for admission to the School’s program for the deaf and hard-of-hearing if the applicant meets all of the following admission criteria:

1. Evidence of a hearing loss as established in paragraph 6D-3.002(1)(f), F.A.C.

2. The applicant must possess evidence of the following minimum daily living skills:

a. Finger feeds self, chews and swallows most foods;

b. Indicates awareness of being soiled or wet;

c. Assists in dressing self; and,

d. Cooperates in bathing.

3. Evidence that the deaf or hard-of-hearing applicant does not exhibit behaviors that adversely affect functioning. Such determination shall be based on:

a. Evidence of an uneven developmental profile and a pattern of qualitative impairments in social interaction, and communication and the presence of restricted or repetitive patterns of behavior, interests, or activities.

b. Medically diagnosed physical or psychiatric condition which is acute or catastrophic in nature, or a chronic illness, or a repeated intermittent illness due to a persisting medical problem which confines the student to home or hospital, and restricts activities for an extended period of time.

c. Measured level of intellectual functioning more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and level of adaptive functioning more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior.

(f) An applicant is qualified for admission to the School’s program for the visually impaired if the applicant meets all of the following admission criteria:

1. Evidence of a vision loss as established in paragraph 6D-3.002(1)(p), F.A.C.

2. The applicant must possess evidence of the following minimum daily living skills:

a. Finger feeds self, chews and swallows most foods;

b. Indicates awareness of being soiled or wet;

c. Assists in dressing self; and,

d. Cooperates in bathing.

3. Evidence that the visually impaired applicant does not exhibit behaviors that adversely affect functioning. Such determination shall be based on:

a. Evidence of an uneven developmental profile and a pattern of qualitative impairments in social interaction, communication and the presence of restricted or repetitive patterns of behavior, interests, or activities.

b. Medically diagnosed physical or psychiatric condition which is acute or catastrophic in nature, or a chronic illness, or a repeated intermittent illness due to a persisting medical problem which confines the student to home or hospital, and restricts activities for an extended period of time.

c. Measured level of intellectual functioning more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and level of adaptive functioning more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior.

(g) An applicant is qualified for admission into the School’s program for the dual-sensory impaired if the applicant meets the following admission criteria:

1. Evidence of a dual-sensory loss as established in paragraph 6D-3.002(1)(g), F.A.C.

2. The applicant must possess evidence of the following minimum daily living skills:

a. Finger feeds self, chews and swallows most foods;

b. Indicates awareness of being soiled or wet;

c. Assists in dressing self; and,

d. Cooperates in bathing.

3. Evidence that the dual-sensory impaired applicant does not exhibit behaviors that adversely affect functioning. Such determination shall be based on:

a. Evidence of an uneven developmental profile and a pattern of qualitative impairments in social interaction and communication, and the presence of restricted or repetitive patterns of behavior, interests, or activities.

b. Medically diagnosed physical or psychiatric condition which is acute or catastrophic in nature, or a chronic illness, or a repeated intermittent illness due to a persisting medical problem which confines the student to home or hospital, and restricts activities for an extended period of time.

c. Measured level of intellectual functioning more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and level of adaptive functioning more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior.

(h) An applicant may not be qualified for admission or continued enrollment:

1. If the applicant or student is determined to be a danger to self or others. Such determination shall be based on evidence of the student’s severe injurious, or potentially injurious, behaviors to self or others; lack of awareness or understanding of the surrounding environment; suicidal or homicidal statements, gestures, or ideations; non-compliance with medical management; need for a highly structured program specifically designed for students with mental illnesses or disorders, providing necessary services including extensive counseling, as well as consultation from mental health, medical, or other healthcare professionals.

2. If the applicant or student is determined to be disruptive to other students or to the educational process of that applicant or student, or of other students. Such determination shall be based on evidence of the student’s threatening, aggressive, harassing behaviors towards others; level of functioning that requires continuous and excessive supervision by staff, which interferes with the ability of staff to tend to the educational or functional needs of other students; frequent, recurrent pattern of negative, defiant, disobedient, or hostile behavior toward others, including refusing to comply with rules or directives, deliberately annoying others, and blaming others for the student’s own misconduct.

3. If the applicant or student is determined to have medically related health or safety issues that are beyond the scope of either or both of the School’s health care center established pursuant to Section 1002.36(4)(e)5., F.S., or the School’s educational program to appropriately manage within their resources.

4. If the parent or adult student refuses to give consent for emergency medical treatment or for the development of a health care plan for students with involved medical problems.

(i) A determination that a student or applicant does not meet eligibility criteria for admission to or continued enrollment in the School’s educational program shall be based upon a recommendation by the Staffing Committee, in consultation with professionals. The Staffing Committee’s recommendation shall be based upon all available data, including evidence of past behaviors, criminal activity, and health and safety concerns. A final determination of admission or continued enrollment will be made by the President or designee. Impartial due process hearings may be initiated as provided by Rule 6A-6.03311, F.A.C., effective as of March 25, 2014, incorporated by reference, available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05200, as a result of such determinations.

(j) There must be individualized evaluation(s) by a qualified individual(s), a determination that the child is eligible to receive specially designed instruction and related services, and a proposed or current IEP, as defined by paragraph 6A-6.03411(1)(u), F.A.C., by a school district.

(3) Procedures for Application.

(a) The School shall maintain an initial application form, the completion of which commences the application process.

(b) Applications for the admission of a student may be submitted by school personnel from the school district/local education agency as defined in paragraph 6A-6.03411(1)(ee), F.A.C., in which the applicant, applicant’s parents, legal guardian, or other person with legal custody resides, hereinafter called the “School District,” although a student may not be evaluated or admitted without consent of parents or parent with legal authority to apply, or legal guardian, or student if the student is an adult.

(c) Applications for admission may be submitted directly to the School by parents or parent with legal authority to apply, legal guardian, or adult applicant.

(d) If the applicant has already been evaluated by the School District, pursuant to Section 1003.57, F.S. and Rule 6A-6.0331, F.A.C., and determined eligible as a student with a disability, the applicant shall be considered for admission.

(e) If the applicant has not been evaluated by the School District pursuant to Section 1003.57, F.S. and Rule 6A-6.0331, F.A.C., and determined eligible as a student with a disability, a School District and the School may enter into an agreement for the School to evaluate the applicant to determine eligibility for Exceptional Student Education (ESE), as defined by paragraph 6A-6.03411(1)(n), F.A.C.

(f) The School shall immediately send a copy of a completed application form to the School District in which the adult applicant or, if the applicant is a minor, his or her parents, legal guardian or person having legal custody of the minor applicant resides and shall request from the School District all current evaluation data and a copy of the current or proposed IEP.

(4) Procedures for Determining Admissions and Assignment.

(a) Upon receipt of a completed application form from a School District, parent or legal guardian, or adult student, the School shall obtain educational, medical, and other records relating to the applicant to assist the Staffing Committee in its determination of the applicant’s eligibility for admission to the School.

(b) The Staffing Committee’s determination of an applicant’s eligibility for admission shall be made after all records have been obtained and reviewed, any additional requisite evaluations have been conducted, and no additional information is deemed appropriate by the Staffing Committee.

(c) An applicant may be considered for a Temporary Assignment for extended evaluation when a determination of the applicant’s eligibility for admission cannot be established through the initial staffing process. A Staffing Committee may recommend that an applicant attend the School on a Temporary Assignment basis for not more than ninety (90) school days. An IEP for the applicant shall be developed and implemented by the School for the duration of the Temporary Assignment.

(d) The Eligibility Staffing Committee shall include the Staffing Coordinator as the chair of the committee and the President’s designee, the parents or legal guardian(s), the applicant, professionals qualified to interpret the evaluation results, and other professionals as necessary (for example, audiologist, assistant principal, educational diagnostician, psychologist, health care representative). In addition, a written invitation shall be extended to a representative of the applicant’s School District attend and participate in the Intake. Additional personnel may be involved in the staffing meetings as requested by the parent, School, or the School District.

(e) The location of the Staffing Committee meeting shall be at the School unless another location is mutually agreed upon by the School, the School District, and the parent.

(f) In making admission and assignment decisions, the Staffing Committee shall:

1. Draw upon information from a variety of sources, including assessments, teacher recommendations, evidence of the applicant’s physical and emotional health, factors relating to the applicant’s social or cultural background, and indicators of the applicant’s level of functioning, including adaptive behavior skills;

2. Ensure that information obtained from all of these sources is carefully considered.

(g) If a determination is made that an applicant meets the School’s eligibility criteria and is qualified for admission, the IEP Team shall convene and develop an IEP for the newly admitted student in accordance with Rule 6A-6.03028, F.A.C., effective as of December 23, 2014, incorporated by reference, available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05201.

(h) The student’s School District has the initial responsibility of identifying and evaluating the special education needs of the student. If the student then submits an application to the School for enrollment in the School’s educational program, and if the student is determined to meet the eligibility criteria for admission to the School’s educational program, the School is responsible for the provision of a free appropriate public education. However, a subsequent determination by the School that the student no longer meets eligibility criteria immediately transfers the responsibility for the provision of a special educational program and related services back to the student’s School District.

(i) The President of the School or designee shall be responsible for the following:

1. Reviewing the recommendations for eligibility made by a staffing committee, and, if necessary, reviewing the data relied upon by the committee.

2. Making final decisions on eligibility.

3. Ensuring that an adult applicant or parents or other legal guardians have been appropriately informed of the Staffing Committee’s recommendation and the data upon which the recommendation relies, and ensuring that the consent of an adult applicant, or the parent or legal guardian of an applicant, has been obtained for the applicant to attend the School.

4. Informing the appropriate School District of the School’s determination of eligibility and enrollment of each applicant.

5. Ensuring that appropriate procedures and parent notices are completed when a student is deemed no longer eligible for continued enrollment in the School.

(j) The School, or the parent, other legal guardian or eligible adult student, who disagrees with the IEP prepared by the School, or the assignment of the student under the IEP, has a right to dispute resolution available through the Department of Education, as well as a due process hearing as provided by subsection 6A-6.03311(9), F.A.C.

(5) Disenrollment/Continued Enrollment.

(a) A student who no longer meets the eligibility criteria of the School described in subsection 6D-3.002(2), F.A.C., or whose re-evaluation(s) as described in Rule 6A-6.0331, F.A.C., indicate(s) that the student may no longer meet the School’s eligibility criteria may be disenrolled from the School following a Continuation Staffing.

(b) A student shall not be allowed to remain on campus if the student is considered to be a danger to self or others.

(c) Upon review of the Continuation Staffing Committee’s recommendations, which shall be based on current evaluative data, the President or designee shall render the final decision regarding eligibility for the School.

(d) Parents, legal guardians, and adult students shall be invited to participate in the Continuation Staffing. The staffing procedures pursuant to Rule 6D-3.002, F.A.C., shall be followed. The President or designee may order an additional staffing committee meeting if it is determined proper procedures were not followed.

(e) Disenrollment of a student shall not take effect until 14 calendar days after the President’s, or designee’s, written notification of the disenrollment to the school district and to the student’s parents or legal guardians or the adult student. The written notification of the disenrollment shall be sent by registered mail, return receipt requested. The School’s normal disciplinary procedures may be followed during these proceedings.

(f) If the School’s medical director suspects that a student may have medically related health or safety issues that are beyond the scope of care of the School’s health care center, the student shall immediately be sent home, and the student’s ensuing absences shall be registered as excused.

(g) When a student is withdrawn by a parent or legal guardian, or if an adult student withdraws, the School shall notify by mail, as soon as possible, the student’s most current or last known local school district.

(h) Parents, legal guardians, and adult students may request a due process hearing in accordance with Rule 6A-6.03311, F.A.C., to challenge the student’s disenrollment from the School under these provisions.

History

• Rulemaking Authority 1002.36 FS. Law Implemented 1002.36 FS. History–New 12-19-74, Revised 1-29-76, Amended 1-29-80, 5-2-86, Formerly 6D-3.02, Amended 5-5-87, 4-12-90, 12-20-92, 3-29-95, 3-25-96, 4-7-15, 6-28-16.

Fla. Admin. Code R. 6D-3.0021 Individual Educational Plan

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(d) FS. History–New 5-5-87, Amended 9-16-93, 3-25-96, 3-22-04, Repealed 2-18-13.

Fla. Admin. Code R. 6D-3.0022 Independent Educational Evaluation

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 5-5-87, Amended 9-16-93, Repealed 2-18-13.

Fla. Admin. Code R. 6D-3.0023 Protection in Evaluation Procedures

Cf. P.L. 94-142, 20 USC 1412(5), Federal Register, Volume 42, Number 163, Regulation 121a.532.

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(b), 229.053(2)(i), (j), 242.331(4) FS. History–New 5-5-87, Repealed 2-18-13.

Fla. Admin. Code R. 6D-3.003 Due Process Procedures

Cf. P. L. 94-142, 20 USC 1401(18), (19), 1412(2), (5), (6), 1414(a)(5), (6), (7), 1415(a), Federal Register Volume 42, Number 163, Regulations 121a.2, 121a.4, 121a.506, 121a.507.

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(c), 242.331(4) FS. History–New 4-5-79, Amended 9-8-85, Formerly 6D-3.03, Amended 5-5-87, 4-12-90, 4-4-93, Repealed 2-18-13.

Fla. Admin. Code R. 6D-3.004 Impartial Review and Appeal

History

• Rulemaking Authority 120.53(1)(b), 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 4-5-79, Amended 9-8-85, Formerly 6D-3.04, Repealed 2-18-13.

Fla. Admin. Code R. 6D-3.005 Assignment of Surrogate Parents

History

• Rulemaking Authority 120.53(1)(a), 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 1-28-80, Amended 9-8-85, Formerly 6D-3.05, Repealed 2-18-13.

Fla. Admin. Code R. 6D-3.006 Access to and Confidentiality of Student Records

Cf. P. L. 94-142, 20 USC 1401(18), 1412(2), (5), (6), 1414(a)(5), (6), (7), 1415(a), Federal Register Volume 42, Number 163, Regulations 121a.2, 121a.4, 121a.562.

History

• Rulemaking Authority 120.53(1)(b), 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 1-28-80, Formerly 6D-3.06, Repealed 2-18-13.

Fla. Admin. Code R. 6D-3.007 Provision of Non-Academic and Extracurricular Services and Activities

Cf. P. L. 94-142, 20 USC 1401(18), 1412(2), (5), (6), 1414(a)(5), (6), (7), Federal Register Volume 42, Number 163, Regulations 121a.2, 121a.4, 121a.306.

History

• Rulemaking Authority 1002.36(4)(d) FS. Law Implemented 1002.36(4)(d) FS. History–New 1-28-80, Formerly 6D-3.07, Amended 3-22-04, Repealed 2-18-13.

Fla. Admin. Code R. 6D-3.008 Discrimination Complaint Procedures for Student Access

Cf. Title VI, Civil Rights Act of 1964 (Title 34, Part 100 CFR); Title IX of the Education Amendments of 1972 (Title 34, Part 106 CFR); Section 504, Title V, Rehabilitation Act of 1973 (Title 34, Part 104 CFR).

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(d) FS. History–New 6-2-81, Formerly 6D-3.08, Amended 1-19-04, Repealed 2-18-13.

Fla. Admin. Code R. 6D-3.010 Confidentiality of Information

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4), 228.093(3)(d) FS. History–New 4-29-91, Amended 10-28-93, Repealed 2-18-13.

Chapter 6D-4 ADMINISTRATION

Fla. Admin. Code R. 6D-4.002 President

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(e) FS. History–New 12-19-74, Amended 10-29-84, 9-8-85, Formerly 6D-4.02, Amended 12-6-92, 5-14-02, 9-23-08, Repealed 6-21-11.

Fla. Admin. Code R. 6D-4.003 Business Manager

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Amended 10-29-84, 9-8-85, Formerly 6D-4.03, Amended 8-26-88, 12-6-92, 5-14-02, Repealed 12-24-09.

Chapter 6D-5 ACADEMIC ORGANIZATION

Fla. Admin. Code R. 6D-5.001 Scope and Purpose (Repealed)

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(6)(b) FS. History–New 12-19-74, Amended 11-9-76, 10-29-84, 9-8-85, Formerly 6D-5.02, Amended 8-26-86, 4-4-93, 12-2-97, Repealed 12-24-09.

Fla. Admin. Code R. 6D-5.002 Principal for the Deaf and Principal for the Blind, Administrator of Instructional Programs, Curriculum and Staff Development and Administrator of Residential Programs. (Repealed)

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(6)(b) FS. History–New 12-19-74, Amended 11-9-76, 10-29-84, 9-8-85, Formerly 6D-5.02, Amended 8-26-86, 4-4-93, 12-2-97, Repealed 12-24-09.

Fla. Admin. Code R. 6D-5.003 Other Personnel. (Repealed)

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Amended 10-9-84, 9-8-85, Formerly 6D-5.03, Amended 12-6-92, 10-26-94, 7-30-95, 4-28-97, 3-16-98, 2-26-01, Repealed 12-24-09.

Fla. Admin. Code R. 6D-5.004 Supporting Personnel. (Repealed)

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Amended 10-9-84, 9-8-85, Formerly 6D-5.03, Amended 12-6-92, 10-26-94, 7-30-95, 4-28-97, 3-16-98, 2-26-01, Repealed 12-24-09.

Chapter 6D-6 GENERAL RULES AND REGULATIONS FOR ALL EMPLOYEES

Fla. Admin. Code R. 6D-6.003 Use of School Facilities and Equipment

Cf. Facility Rate Schedule and Agreement Form.

History

• Rulemaking Authority 235.02, 242.331(3) FS. Law Implemented 235.02, 242.331(4), 273.01, 273.03 FS. History–New 12-19-74, Amended 4-17-85, 9-8-85, Formerly 6D-6.03, Amended 8-26-86, 2-19-91, 11-1-95, 2-26-01, Repealed 6-21-11.

Fla. Admin. Code R. 6D-6.020 Discrimination Complaint Procedures for Employment

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(d) FS. History–New 6-2-81, Formerly 6D-6.20, Amended 4-9-92, 1-19-04, Repealed 9-2-18.

Fla. Admin. Code R. 6D-6.021 Implementation of Certification Standards

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 10-29-84, Formerly 6D-6.21, Amended 12-6-92, Repealed 2-18-13.

Fla. Admin. Code R. 6D-6.022 On-Campus Rental Housing Policy for Staff and Administration

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 10-29-84, Formerly 6D-6.22, Repealed 2-18-13.

Fla. Admin. Code R. 6D-6.024 Assessment of Personnel Performance

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 6-10-85, Formerly 6D-6.24, Repealed 2-18-13.

Fla. Admin. Code R. 6D-6.025 Employees Infected with the HIV Virus

History

• Rulemaking Authority 120.53(1)(b), 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 4-25-89, Repealed 2-18-13.

Chapter 6D-7 SCHOOL PROGRAM

Fla. Admin. Code R. 6D-7.002 Academic

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Amended 11-9-79, Formerly 6D-7.02, Amended 8-26-86, Repealed 2-18-13.

Fla. Admin. Code R. 6D-7.003 Vocational

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Formerly 6D-7.03, Repealed 8-26-86.

Fla. Admin. Code R. 6D-7.004 Extracurricular Programs

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Formerly 6D-7.04, Repealed 8-26-86.

Fla. Admin. Code R. 6D-7.005 Dormitory Life

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Amended 1-10-77, Formerly 6D-7.05, Repealed 8-26-86.

Fla. Admin. Code R. 6D-7.006 Student Progression Plan and Requirements for Graduation

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(c), 1003.49 FS. History–New 2-17-81, Amended 9-17-85, Formerly 6D-7.06, Amended 8-26-86, 4-12-90, 12-6-92, 3-16-98, 1-15-07, 10-19-09, Repealed 2-18-13.

Fla. Admin. Code R. 6D-7.007 Code of Student Conduct

(1)(a) The Code of Student Conduct is designed to cover the rights, responsibilities and conduct of students in the Florida School for the Deaf and the Blind.

(b) The code requires adherence to all applicable law and specifically prohibits disrespectful and/or disruptive conduct.

1. Specific grounds for disciplinary action. The Administration of the Florida School for the Deaf and the Blind opposes the use of any form of aversive discipline.

2. Procedures to be followed for acts requiring discipline and a review of an Individual Educational Plan (IEP) under the Individuals with Disabilities in Education Act (IDEA), and Section 504 Plan, if any, as set forth in Rule 6A-6.0331, F.A.C., effective as of December 23, 2014, incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09836, and Rule 6A-6.03312, F.A.C., effective as of April 21, 2011, incorporated by reference herein and available at https://www.flrules.org/Gateway/reference,asp?No=Ref-09837.

3. An explanation of the responsibilities and rights of students with regard to attendance, respect for persons and property, knowledge and observation of rules of conduct, expression of opinions and publications, participation in School programs and activities and student records.

(2) Definitions.

(a) Disciplinary review committee – A team of professionals which reviews reported violations of the Code of Student Conduct and recommends disciplinary action to the Principal. The President, Principal, Assistant Principal or Director of Student Life will determine the number and selection of staff members to serve on the committee.

(b) Adult student – A student who is 18 years of age or older.

(c) Suspension – The temporary removal of a student, for a period not to exceed ten school days (with review of an IEP and Section 504 Plan, if any, to review student behavior) (1) from classes and assignment to a designated staff member for supervision; or (2) temporary removal of a student from the classroom and dormitory and temporary withdrawal from extra curricular activities. A minor student will be remanded to the custody of the minor student’s parent(s)/legal guardian and an adult student will be temporarily removed, after prompt notification to any person that the school is authorized to notify on behalf of the adult student. The suspended student will be given specific homework assignments for the student to complete.

(d) Under the jurisdiction of the School – All student activities during the academic year which occur during classroom or dormitory hours or which are subject to be approved, directed or supervised by School personnel, including transportation to and from the School on chartered buses or other School sponsored transportation.

(e) Excused absences – Absences granted for personal illness, illness or death of a member of the immediate family, or for emergencies when approved by the School and the parent or guardian.

(f) Absences without excuse – Shopping trips, pleasure trips, vacations or other avoidable absences, suspension, truancy, and appointments without prior approval, except in case of emergency.

(g) Detention – Detaining a student after the instructional day by a member of the School staff.

(h) Dormitory restriction – Limiting the activities of a student within the dormitory environment (e.g., restriction to an assigned room or temporary withdrawal from extra curricular activities.).

(i) Work detail – Completion of tasks to be performed by students for the purpose of altering unacceptable behaviors.

(j) Discipline – The act of punishing or correcting a student’s violations of the Code of Student Conduct.

(k) Code of Student Conduct – Those regulations of this School, found in Rules 6D-7.007 and 6D-7.0073, F.A.C., which regulate the conduct of students at the School.

(l) Reprimand – The formal oral or written censure of a student for a violation of the Code of Student Conduct.

(3) Pupil detention, search and seizure. Attendance at the School and living in a dormitory constitutes “group participation” and “group living” without the expectation of privacy in a private dwelling. This rule sets forth procedures for search and seizure of a student or the student’s property.

(a) The Principal, Director of Student Life, other members of the instructional staff or other members of the dormitory staff are authorized to detain temporarily and question a student when circumstances indicate that the student has committed, is committing or is about to commit a violation of School rule, and to detain temporarily a student when circumstances indicate the student has committed, is committing, or is about to commit a violation of law.

(b) If at any time reasonable suspicion arises that the student is concealing stolen or illegal property, an alcoholic beverage, illegal drugs, or any weapon prohibited by law, the staff members may, for the purpose of seizing these items, search the student, the student’s room, locker, vehicle, or other possessions solely for determination of compliance with regulations of the School, or notify the School Police Department, which is authorized, consistent with determination of probable cause, to search the student, the student’s room, locker, vehicle or other possessions consistent with Florida law concerning search warrants and exceptions to search warrants. The School Police Department shall conduct any investigation of suspected violation of law, including any related search and seizure, and will control the means and method of any investigation of suspected violation of law.

(c) If a search of the student, the student’s room, locker, vehicle, or other possessions conducted in accordance with law reveals stolen or illegal items as prohibited by law or School rule, the item or items may be seized and such action taken as appropriate.

(d) In no event shall a student be subjected to a strip search.

(4) Suggestions for Revision. Suggestions for possible revision of the Code of Student Conduct are welcomed from students, parents, guardians, staff members and other interested individuals. Suggestions should be sent in writing to the President’s Office.

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(e)10. FS. History–New 9-4-84, Formerly 6D-7.07, Amended 8-26-86, 5-5-87, 1-12-95, 2-24-03, 9-2-18.

Fla. Admin. Code R. 6D-7.0071 Student Rights and Responsibilities

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 5-5-87, Amended 1-12-95, 1-15-97, Repealed 9-2-18.

Fla. Admin. Code R. 6D-7.0072 Grounds for Disciplinary Action

Rulemaking Authority1002.36(4)(c) FS. Law Implemented 1002.36(4)(d) FS. History–New 5-5-87, Amended 3-13-94, 2-24-03, Repealed 2-18-13.

Fla. Admin. Code R. 6D-7.0073 Disciplinary Procedures and Disposition

(1) Disposition procedure. The procedures listed below are to be followed for acts by students which require discipline.

(a) General discipline procedures require that the Principal or designee:

1. Provide the student oral or written notice of the violation of which the student is accused;

2. Provide the student an opportunity to respond to the accusation; and,

3. If the student denies the accusation, provide the student an explanation of the evidence against him/her and provide an opportunity for the student to present his/her version of the incident.

4. Not be required to permit attendance of counsel nor give the student the right to cross-examination, for acts requiring suspension or reprimand.

5. Review the student’s Individual Educational Plan and Section 504 plan, if any, as set forth in Rule 6A-6.0331, F.A.C., effective as of December 23, 2014, incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09837, and rule 6A-6.03312, F.A.C., effective as of April 21, 2011, incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09836, to determine if the behavior bears any relationship to the student’s exceptionality.

(b) Suspension.

1. Prior to suspending a student, the School shall follow the general procedures set out in paragraph (1)(a), above.

2. The Principal or designee will make the decision whether or not a suspension will be imposed.

3. If a suspension is imposed, the President, parents, guardians and the adult student will be forwarded written notice of the suspension within twenty-four hours of the action. The written notice of suspension shall state:

a. The violation;

b. The date of the violation;

c. The beginning date of the suspension;

d. The date on which the suspension will end; and,

e. Any circumstances pertinent to the suspension.

4. The student may request the President or designee to review the suspension decision of the Principal or designee. The President can affirm or reverse the suspension provision or direct that further proceedings be held in accordance with these rules. The decision of the President is final. The student must request review within three days of the suspension decision.

(2) Disposition of violations. Guidelines for the maintenance of appropriate student behavior are set forth in the Code of Student Conduct, which is stated in rule 6D-7.007, F.A.C. and this rule.

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(e) FS. History–New 5-5-87, Amended 10-26-94, 9-2-18.

Fla. Admin. Code R. 6D-7.008 Corporal Punishment

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 3-6-85, Formerly 6D-7.08, Repealed 12-11-89.

Fla. Admin. Code R. 6D-7.009 Annual Report of School Progress

(1) The Florida School for the Deaf and Blind shall prepare an annual report of School progress to be published on or before November 1 of each year. The report shall be sent to all parents and shall contain the following:

(a) Information on how the School is meeting its goals and objectives.

(b) A report of student progress.

(c) Fiscal information including the School budget.

(d) Information on student and School needs.

(e) Report of teachers, student, parent and community attitudes toward the School.

(f) Other relevant information.

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 9-8-85, Formerly 6D-7.09.

Fla. Admin. Code R. 6D-7.010 Educational Requirements for Application, Suspension, and Reinstatement of a Driver’s License

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4), 322.061, 322.095 FS. History–New 4-16-90, Amended 4-26-94, Repealed 2-18-13.

Chapter 6D-8 FOOD SERVICE PROGRAM

Fla. Admin. Code R. 6D-8.002 Food Service Staff

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(c) FS. History–New 12-19-74, Formerly 6D-8.02, Amended 8-26-86, 10-19-09, Repealed 2-18-13.

Fla. Admin. Code R. 6D-8.003 Food Service Responsibilities

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(d) FS. History–New 12-19-74, Formerly 6D-8.03, Amended 8-26-86, 10-19-09, Repealed 2-18-13.

Fla. Admin. Code R. 6D-8.004 Food Service Policies

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 1-17-91, Amended 5-14-02, Repealed 6-21-11.

Chapter 6D-9 HEALTH PROGRAM

Fla. Admin. Code R. 6D-9.002 Health Care Center Staff

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4), 120.53(1)(a) FS. History–New 12-19-74, Formerly 6D-9.02, Amended 8-26-86, 7-26-90, Repealed 2-18-13.

Fla. Admin. Code R. 6D-9.003 Health Care Center Inpatient Services and Outpatient Hospitalization

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4), 120.53(1)(a) FS. History–New 12-19-74, Formerly 6D-9.03, Amended 7-26-90, Repealed 2-18-13.

Fla. Admin. Code R. 6D-9.004 Health Examinations

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Formerly 6D-9.04, Amended 8-26-86, 7-26-90, 4-4-93, Repealed 2-18-13.

Fla. Admin. Code R. 6D-9.005 Health Screenings and Immunizations

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 242.331(4) FS. History–New 12-19-74, Formerly 6D-9.05, Amended 8-26-86, 7-26-90, Repealed 2-18-13.

Fla. Admin. Code R. 6D-9.006 Students Infected with the HIV Virus

History

• Rulemaking Authority 120.53(1)(b), 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 4-25-89, Repealed 2-18-13.

Fla. Admin. Code R. 6D-9.007 Health Care Policies

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 120.53(1)(a), 1002.36(4)(d) FS. History–New 12-6-92, Amended 2-28-07, Repealed 2-18-13.

Chapter 6D-10 RESIDENTIAL STANDARDS

Fla. Admin. Code R. 6D-10.002 Student Residential Care Policies

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 1-17-91, Repealed 2-18-13.

Chapter 6D-11 QUALITY ASSURANCE

Fla. Admin. Code R. 6D-11.002 Quality Assurance Plan

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(a), 242.331(4) FS. History–New 4-29-91, Repealed 2-18-13.

Chapter 6D-12 SECURITY DEPARTMENT POLICIES

Fla. Admin. Code R. 6D-12.002 Campus Police Department

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(8)(f) FS. History–New 4-9-92, Amended 10-26-94, 4-28-97, 1-19-04, 3-21-05, 3-24-08, Repealed 2-18-13.

Fla. Admin. Code R. 6D-12.003 Campus Police Department

(1) Police Department. The Board of Trustees of the Florida School for the Deaf and the Blind, or School, shall provide for a safe and secure campus through the creation of a Campus Police Department, as authorized by Section 1002.36(8)(a), F.S.

(2) Staff. The campus police department shall consist of campus police officers, who shall have the same rights, protections, and immunities, consistent with Section 1002.36(8)(e), F.S.

(3) General. The campus police department provides general police services to the School, including protection of its population, buildings, grounds and equipment, and the maintenance of peace and order within the School community, and at its functions. The campus police department shall have the right to provide mutual aid to other law enforcement agencies, excluding enforcement of all traffic and parking regulations, as authorized by Section 1002.36(8)(b), F.S.

(4) Minimum Standards. Campus police officers shall meet the minimum standards established by the Criminal Justice Standards and Training Commission.

(5) Authority. Campus police officers are authorized and empowered by Section 1002.36(8), F.S. to:

(a) Enforce Section 1002.36(8), F.S., to provide for the safety of all persons, and to protect any property or facilities of the School, on School property;

(b) Make arrests, issue citations, and seek the assistance of, and cooperate with, other law enforcement agencies in carrying out police functions;

(c) Pursue violators off campus to make arrests in hot pursuit;

(d) Bear arms in the performance of their duties;

(e) Carry out search warrants;

(f) Serve subpoenas or other legal process and make arrests as authorized by Section 1002.36(8), F.S.;

(g) Enforce traffic laws as authorized by Section 1002.36(8), F.S.;

(h) Enforce all mutual aid agreements, excluding enforcement of traffic and parking ordinances, that are not in conflict or inconsistent with Sections 1002.36 and 23.1225, F.S., or this rule; and,

(i) Employ civilian personnel.

(6) Manual. The Board of Trustees shall establish and enforce a police policy manual as mandated by Section 1002.36(8)(f), F.S., which will be entitled the “Florida School for the Deaf and the Blind Campus Police Manual,” which shall include procedures for managing routine law enforcement and emergency law enforcement situations. The current police policy manual, effective November 18, 2020, is incorporated by reference herein, and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12448.

History

• Rulemaking Authority 1002.36(8)(f) FS. Law Implemented 1002.36 FS. History–New 6-28-16, Amended 12-15-20.

Chapter 6D-13 MENTAL HEALTH SERVICES

Fla. Admin. Code R. 6D-13.002 Mental Health Standards

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(a), 242.331(4) FS. History–New 7-2-92, Repealed 2-18-13.

Chapter 6D-14 TRANSPORTATION

Fla. Admin. Code R. 6D-14.002 Transportation Policies and Procedures

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(d) FS. History–New 12-20-92, Amended 5-19-03, 2-28-07, Repealed 2-18-13.

Chapter 6D-15 MAINTENANCE

Fla. Admin. Code R. 6D-15.002 Maintenance and Construction Department

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(a), 242.331(4) FS. History–New 4-26-94, Repealed 2-18-13.

Fla. Admin. Code R. 6D-15.003 Housekeeping Department

History

• Rulemaking Authority 242.331(3) FS. Law Implemented 120.53(1)(a), 242.331(4) FS. History–New 4-26-94, Repealed 2-18-13.

Chapter 6D-16 HUMAN RESOURCES MANAGEMENT AND DEVELOPMENT

Fla. Admin. Code R. 6D-16.002 Human Resources Management and Development

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(f) FS. History–New 10-26-94, Amended 11-30-98, 9-29-99, 7-30-01, 1-19-04, 3-21-05, 2-28-07, Repealed 2-18-13.

Chapter 6D-17 PURCHASING

Fla. Admin. Code R. 6D-17.002 Purchasing Department

History

• Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(d) FS. History–New 10-26-94, Amended 1-19-04, Repealed 2-18-13.

Division 6C2 Florida State University

Chapter 6C2-1 ORGANIZATION, POWERS, DUTIES AND FUNCTIONS

Fla. Admin. Code R. 6C2-1 ORGANIZATION, POWERS, DUTIES AND FUNCTIONS

CHAPTER 6C2-1 ORGANIZATION, POWERS, DUTIES AND FUNCTIONS 6C2-1.001 Location (Repealed) 6C2-1.002 Overall Organization (Repealed) 6C2-1.003 President (Repealed) 6C2-1.004 University Constitution (Repealed) 6C2-1.005 Faculty Senate (Repealed) 6C2-1.055 Waiver of Certain Administrative Procedures (Repealed) 6C2-1.057 Public Records – Final Orders; Index and Listing, Management, Availability 6C2-1.006 Administrative Committees (Repealed) 6C2-1.007 University Committees (Repealed) 6C2-1.008 By-laws of Department (Repealed) 6C2-1.009 By-laws of the Division of Arts and Sciences (Repealed) 6C2-1.010 Code of Governance for the Department of Anthropology (Repealed) 6C2-1.011 Committees of the Department of Biological Science (Repealed) 6C2-1.012 By-laws of the Department of Chemistry (Repealed) 6C2-1.013 By-laws of the Department of Classics Organization (Repealed) 6C2-1.014 By-laws of the Department of English (Repealed) 6C2-1.015 By-laws of the Department of History (Repealed) 6C2-1.016 By-laws of the Department of Mathematics (Repealed) 6C2-1.017 Department of Modern Languages Organization (Repealed) 6C2-1.018 Constitution for the Department of Philosophy (Repealed) 6C2-1.019 By-laws of the College of Business (Repealed) 6C2-1.020 By-laws of the College of Education (Repealed) 6C2-1.021 By-laws of the Area of Instructional Design and Personal Development (Repealed) 6C2-1.022 Area of Professional and Clinical Programs Governance and Management Document (Repealed) 6C2-1.023 By-laws of the School of Home Economics (Repealed) 6C2-1.024 By-laws of the School of Library Science (Repealed) 6C2-1.025 By-laws of the School of Nursing (Repealed) 6C2-1.026 College of Law By-laws (Repealed) 6C2-1.027 By-laws of the College of Social Sciences (Repealed) 6C2-1.028 By-laws for the Department of Economics (Repealed) 6C2-1.029 By-laws of the Department of Geography (Repealed) 6C2-1.030 By-laws for the Department of Government (Repealed) 6C2-1.031 The Policy Committee of the Department of Sociology (Repealed) 6C2-1.032 Structure of the Department of Urban and Regional Planning (Repealed) 6C2-1.033 By-laws of the School of Criminology (Repealed) 6C2-1.034 Structure of the School of Social Work (Repealed) 6C2-1.035 By-laws of the College of Communication (Repealed) 6C2-1.036 By-laws of the Department of Audiology and Speech Pathology (Repealed) 6C2-1.037 By-laws of the Department of Mass Communication (Repealed) 6C2-1.038 By-laws of the Department of Speech Communications (Repealed) 6C2-1.039 By-laws of the Department of Art (Repealed) 6C2-1.040 By-laws of the Department of Art Education and Constructive Design (Repealed) 6C2-1.041 By-laws of the Program in Interior Design (Repealed) 6C2-1.042 By-laws of the School of Music (Repealed) 6C2-1.043 By-laws of the School of Theatre (Repealed) 6C2-1.044 Articles of Governance of the Department of Religion (Repealed) 6C2-1.045 Organization and Administration of the Department of Meteorology (Repealed) 6C2-1.046 By-laws of the Department of Dance (Repealed) 6C2-1.047 By-laws of the School of Visual Arts (Repealed) 6C2-1.048 Missions, Policies and Regulations of the Developmental Research School (Repealed) 6C2-1.049 Structure for Institute for Social Research (Repealed) 6C2-1.055 Waiver of Certain Administrative Procedures (Repealed) 6C2-1.001 Location. Rulelmaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 9-30-75, Formerly 6C2-1.01, Repealed 2-3-00. 6C2-1.002 Overall Organization. Rulelmaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 9-30-75, Amended 8-23-76, Formerly 6C2-1.02, Repealed 2-3-00. 6C2-1.003 President. Rulelmaking Authority 240.227(1) FS. Law Implemented 120.53(1)(b), (c) FS. History–New 9-30-75, Formerly 6C2-1.03, Repealed 2-3-00. 6C2-1.004 University Constitution. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 9-30-75, Amended 7-21-76, 8-23-76, Formerly 6C2-1.04, Amended 2-13-90. Cf. Board of Regents and University rules relating to employment found in 6C-5 and 6C2-4, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-1.005 Faculty Senate. Rulelmaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 9-30-75, Formerly 6C2-1.05, Repealed 2-13-90. 6C2-1.006 Administative Councils. Rulelmaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 9-30-75, Amended 4-5-76, Formerly 6C2-1.06, Repealed 2-3-00. 6C2-1.007 University Committees. Rulelmaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 9-30-75, Amended 4-5-76, 4-27-77, Formerly 6C2-1.07, Amended 5-30-88, 6-12-88, Repealed 8-3-05. 6C2-1.008 By-laws of Department. Rulelmaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 9-30-75, Formerly 6C2-1.08, Repealed 2-3-00. 6C2-1.009 By-laws of the Division of Arts and Sciences. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.09, Repealed 11-28-77. 6C2-1.010 Code of Governance for the Department of Anthropology. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.10, Repealed 11-28-77. 6C2-1.011 Committees of the Department of Biological Science. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.11, Repealed 11-28-77. 6C2-1.012 By-laws of the Department of Chemistry. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.12, Repealed 11-28-77. 6C2-1.013 By-laws of the Department of Classics Organization. Rulelmaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 9-30-75, Formerly 6C2-1.13, Repealed 11-28-77. 6C2-1.014 By-laws of the Department of English. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.14, Repealed 11-28-77. 6C2-1.015 By-laws of the Department of History. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.15, Repealed 11-28-77. 6C2-1.016 By-laws of the Department of Mathematics. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.16, Repealed 11-28-77. 6C2-1.017 Department of Modern Languages Organization. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.17, Repealed 11-28-77. 6C2-1.018 Constitution for the Department of Philosophy. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.18, Repealed 11-28-77. 6C2-1.019 By-laws of the College of Business. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.19, Repealed 11-28-77. 6C2-1.020 By-laws of the College of Education. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.20, Repealed 11-28-77. 6C2-1.021 By-laws of the Area of Instructional Design and Personal Development. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.21, Repealed 11-28-77. 6C2-1.022 Area of Professional and Clinical Programs Governance and Management Document. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.22, Repealed 11-28-77. 6C2-1.023 By-laws of the School of Home Economics. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.23, Repealed 11-28-77. 6C2-1.024 By-laws of the School of Library Science. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.24, Repealed 11-28-77. 6C2-1.025 By-laws of the School of Nursing. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.25, Repealed 11-28-77. 6C2-1.026 College of Laws By-laws. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.26, Repealed 11-28-77. 6C2-1.027 By-laws of the College of Social Sciences. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.27, Repealed 11-28-77. 6C2-1.028 By-laws of the Department of Economics. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.28, Repealed 11-28-77. 6C2-1.029 By-laws of the Department of Geography. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.29, Repealed 11-28-77. 6C2-1.030 By-laws of the Department of Government. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.30, Repealed 11-28-77. 6C2-1.031 The Policy Committee of the Department of Sociology. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Amended 4-20-77, Formerly 6C2-1.31, Repealed 11-28-77. 6C2-1.032 Structure of the Department of Urban and Regional Planning. Rulelmaking Authority 120.53(1)(a), (b), 240.042 FS. Law Implemented 120.53(1)(a) FS. History–New 9-30-75, Formerly 6C2-1.32, Repealed 11-28-77. 6C2-1.033 By-laws of the School of Criminology. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.33, Repealed 11-28-77. 6C2-1.034 Structure of the School of Social Work. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.34, Repealed 11-28-77. 6C2-1.035 By-laws of the College of Communication. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.35, Repealed 11-28-77. 6C2-1.036 By-laws of the Department of Audiology and Speech Pathology. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.36, Repealed 11-28-77. 6C2-1.037 By-laws of the Department of Mass Communication. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.37, Repealed 11-28-77. 6C2-1.038 By-laws of the Department of Speech Communication. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Amended 7-21-76, Formerly 6C2-1.38, Repealed 11-28-77. 6C2-1.039 By-laws of the Department of Art. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.39, Repealed 11-28-77. 6C2-1.040 By-laws of the Department of Art Education and Construction Design. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.40, Repealed 11-28-77. 6C2-1.041 By-laws of the Program in Interior Design. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.41, Repealed 11-28-77. 6C2-1.042 By-laws of the School of Music. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.42, Repealed 11-28-77. 6C2-1.043 By-laws of the School of Theatre. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.43, Repealed 11-28-77. 6C2-1.044 Articles of Governance of the Department of Religion. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.44, Repealed 11-28-77. 6C2-1.045 Organization and Administration of the Department of Meteorology. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.45, Repealed 11-28-77. 6C2-1.046 By-laws of the Department of Dance. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.46, Repealed 11-28-77. 6C2-1.047 By-laws of the School of Visual Arts. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.47, Repealed 11-28-77. 6C2-1.048 Missions, Policies and Regulations of the Developmental Research School. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-1.48, Repealed 11-28-77. 6C2-1.049 Structure for Institute for Social Research. Rulelmaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b), (2) FS. History–New 9-30-75, Formerly 6C2-1.49, Repealed 11-28-77. 6C2-1.055 Waiver of Certain Administrative Procedures. Rulelmaking Authority 120.57 FS. Law Implemented 120.57 FS. History–New 9-30-75, Formerly 6C2-1.55, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-1.057 Public Records – Final Orders; Index and Listing, Management, Availability. (1) General Information. All Florida State University final orders are either indexed or listed. University final orders are those documents of final action received and filed with the University Agency Clerk, Office of the University’s General Counsel, pursuant to section 120.52(11), F.S. The University Agency Clerk is responsible for the docketing, indexing, filing and listing of the final orders of the University. (a) For purposes of this rule, final orders as defined by the Florida Department of State (DOS) rule 1S-6.002, F.A.C., are required to be indexed pursuant to DOS rule 1S-6.004, F.A.C. Final orders which do not resolve a substantial legal issue of first impression, establish for the first time a rule of law, principle, or policy; alter, modify, or clarify a prior final order; resolve conflicting final orders, or harmonize decisions of appellate courts shall be listed, but not indexed in the following categories:

1. Final orders resulting from informal proceedings under section 120.57(2), F.S.
2. Final orders closing cases on the basis of settlements, consent orders, or stipulations under section 120.57(3), F.S. (2) Numbering of Final Orders. All final orders that are required to be indexed or listed shall be sequentially numbered at the time of filing with the Agency – University Clerk as required by section 120.52(11), F.S. (a) The numbering system for final orders indexed will include the agency-educational unit designation (FSU), followed by a two part number separated by a dash. The first part before the dash indicates the year, and the second part will indicate the numerical sequence of the order issued and filed during that year. (b) An applicable order category is added following the University’s designated final order docket number to aid in identifying the nature of the order. The final order categories are as follows: DS – Declaratory Statement FOI – Final Order Informal Proceedings FOF – Final Order Formal Proceedings S – Stipulation AS – Agreed Settlement CO – Consent Order The letter designation “R” following the final order category or docket number indicates restricted or limited access to the text of the final order as the text of the order discloses or incorporates by reference material or matters coming within the scope of limited public access prescribed by sections 240.237, 240.245, 240.253 and 228.093, F.S., relating to student records, faculty evaluations and personnel records (statutory exemptions from provisions of section 119.07(1), F.S., the Public Records Law), or any other state or federal law vesting public record custodial access limitation responsibilities upon the University (Examples, section 240.241(2), F.S., specified confidential material involved with sponsored research activities; Family educational and privacy rights protected by the provisions of 20 U.S.C.A. §1232f, et seq, Part IV – Records; Privacy; Limitation on Withholding Federal Funds). (c) Final orders, the content or text of which indicate, refer to, or result from specified documentation coming within the scope of a protected section 240.237, F.S., student record, and university personnel records, including work evaluations, protected by section 240.253, F.S., will be restyled on a cover sheet by the Clerk and then docketed, indexed or listed by either the initials of the subject party or the identifiable subject matter of the case. Restricted public access to this type of final order is applicable only to material under the custody and control of the University. (3) Final Order Index. The University final order index is alphabetically arranged by main subject headings from the Florida Statutes index when applicable. The applicable titles of citations of the Florida Statutes construed within the final order may determine the main subject headings and subheadings in the index. Main subject headings are fully capitalized titles, placed flush left on the page, and followed by relevant indented subheading titles in initial caps and lower case letters. Subheadings and sub-subheadings at equal indentations are alphabetized. Final orders are listed sequentially in an indentation immediately below the applicable subject heading. Cross references are used to direct the user to headings which contain the relevant information. Related key words (specific words, terms, and phrases) and common and colloquial words shall be listed and cross referenced to the appropriate main subject headings. (4) Maintenance of Records. The University Agency Clerk is responsible for providing information and assistance to the general public concerning any agency rule or order and will receive and act on requests for public inspection and copying. (a) The office of the University Agency Clerk is located in the Office of the General Counsel, University Attorney Building, 540 West Jefferson Street, Tallahassee, Florida 32306-1612. The telephone number is: (850)644-4440, Fax: (850)644-8973. This office is open to the public between the hours of 8:00 a.m. to 5:00 p.m., excluding holidays and weekends. (b) The University Agency Clerk is responsible for:
3. Maintaining the Florida State University final order index, the listing of final orders, and their availability to the public.
4. When an order is filed, the Clerk, as the indexer, will consult the main subject headings and subsequent similar entries shall be indexed under the existing appropriate heading. The index being cumulative, it shall be updated at least every 120 days and made accessible to the public. New main subject headings will be added when necessary. The index shall be cumulative in perpetuity.
5. Final Orders that comprise final agency action which must be indexed or listed, shall be permanently maintained by the University pursuant to its retention schedule approved by the Florida Department of State, Division of Library and Information Services. Rulemaking Authority 120.53(1)(a)-(b), 120.533(1)(f), 240.227(1) FS. Law Implemented 120.53(1)(a)-(b), (2), (3), 120.532, 120.533, 119.07, 119.041, 228.093, 240.227(1), 240.237, 240.241(2), 240.253 FS. History–New 11-13-94.

Chapter 6C2-2 ADMINISTRATIVE MATTERS

Fla. Admin. Code R. 6C2-2 ADMINISTRATIVE MATTERS

CHAPTER 6C2-2 ADMINISTRATIVE MATTERS 6C2-2.004 University Attorney (Repealed) 6C2-2.007 Use of Campus Facilities (Repealed) 6C2-2.008 Health Facilities (Repealed) 6C2-2.009 Parking and Traffic Regulations 6C2-2.010 Bicycle Parking and Traffic Code 6C2-2.011 Facilities Leasing Program (Repealed) 6C2-2.013 Commercial Solicitations (Repealed) 6C2-2.0131 Posting, Chalking and Distribution of Materials (Repealed) 6C2-2.014 Identification Cards (Repealed) 6C2-2.015 Purchasing and Procurement (Repealed) 6C2-2.016 Purchasing of Insurance (Repealed) 6C2-2.018 Control of Radiation Hazards (Repealed) 6C2-2.022 Employee Debt Collection (Repealed) 6C2-2.023 Public Records: Uniform Charge Procedure (Repealed) 6C2-2.024 Tuition and Fees (Repealed) 6C2-2.0241 Tuition and Fees for Repeated Enrollment in College Credit Courses (Repealed) 6C2-2.02410 Internet Payment of Tuition and Fees (Repealed) 6C2-2.02411 Third Party Tuition and Fee Billings (Repealed) 6C2-2.02412 Financial Aid and Tuition and Fee Payment (Repealed) 6C2-2.02413 Florida Prepaid College Program (Repealed) 6C2-2.02414 Fee Waivers (Repealed) 6C2-2.02415 Late Fee Waivers (Repealed) 6C2-2.02416 Student Residency (Repealed) 6C2-2.02417 Refunds of Tuition and Fees (Repealed) 6C2-2.02418 Student Withdrawals From Courses Due to Military Service (Repealed) 6C2-2.02419 Withdrawals and Return of Financial Aid (Repealed) 6C2-2.0242 Registrations for Zero Hour (Repealed) 6C2-2.02420 Exit Interviews (Repealed) 6C2-2.02421 Tuition and Fee Assessments and Remittance (Repealed) 6C2-2.02422 Special Fines, Fees, and Penalties (Repealed) 6C2-2.02423 Delinquent Accounts (Repealed) 6C2-2.02424 Dishonored Checks or Electronic Payments (Repealed) 6C2-2.0243 Auditing Courses (Repealed) 6C2-2.0244 Materials and Supply (Lab) Fees (Repealed) 6C2-2.0245 Tuition-free Courses for Those Sixty Years of Age and Older (Repealed) 6C2-2.0246 Tuition and Fee Deferments (Repealed) 6C2-2.0247 Tuition and Fee Liability (Repealed) 6C2-2.0248 Student Cancellation of Schedule (Repealed) 6C2-2.0249 Installment Tuition and Fee Contracts (Repealed) 6C2-2.025 Direct Support Organizations (Repealed) 6C2-2.004 University Attorney. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 9-30-75, Formerly 6C2-2.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.007 Use of Campus Facilities. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 9-30-75, Formerly 6C2-2.07, Amended 5-11-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.008 Health Facilities. Rulemaking Authority 120.53(1)(a), (b) FS. Law Implemented 120.53(1)(a), (b) FS. History–New 9-30-75, Formerly 6C2-2.08, Repealed 10-18-81. 6C2-2.009 Parking and Traffic Regulations. (1) General Information. (a) Applicability of Traffic Rule. This rule shall be applicable to all vehicles operated or parked on the Florida State University (FSU) campus at any time, including examination periods, semester breaks, and registration periods. The fines, penalties and other sanctions provided herein may be imposed against any person who shall cause, allow, permit or suffer any vehicle registered either at the Florida Department of Highway Safety and Motor Vehicles or at the University Office of Parking and Transportation Services in the name of or operated by such person to be parked or operated in violation of any provision of this rule. It is the policy of FSU to enforce the provisions of this rule and seek to impose the fines, penalties or other sanctions provided herein:

1. In the case of a vehicle registered with the Office of Parking and Transportation Services, against the person in whose name such vehicle is so registered.
2. In the case of a vehicle not so registered, if it is determined that the operator at the time of the violation is affiliated with FSU and, in fact, should have registered the vehicle with the Office of Parking and Transportation Services, against the person affiliated with FSU.
3. In the case of a vehicle not so registered and whose operator at the time of the violation cannot be identified, against the title holder of said vehicle. (b) Applicability of Florida Statutes and Ordinances of the City of Tallahassee. All ordinances of the City of Tallahassee relating to traffic which are not in conflict or inconsistent with this rule shall extend and be applicable to the grounds of the University. A copy of said ordinances shall be available for inspection at the Office of the Director of Parking and Transportation Services. In addition, the provisions of chapter 316, F.S., shall extend and be applicable to the grounds of the University. (c) Responsibility for Implementation. Unless otherwise noted, the Director of Parking and Transportation Services shall be responsible for the supervision and implementation of this rule. All requests for individual consideration with regard to the parking and traffic regulations contained in this rule must be directed to that person at the Office of Parking and Transportation Services. (d) Definitions. The following words and phrases, when used in this rule, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:
4. Access Lane. Any area that is not designated as a parking space and that provides an avenue for traffic flow and emergency vehicles.
5. Automobile. Any motor vehicle having 4 or more wheels.
6. Permit Registration Year. The period from September 1 of one year to August 31 of the succeeding year.
7. Designated Parking Space. Areas governed by FSU parking rules and regulations with parking spaces delineated by red, white, or blue striping, a parking meter, or other physical barriers to include, but not be limited to railroad ties and bumper blocks intended to delineate parking parameters.
8. Director of Parking and Transportation Services. An FSU employee who has been assigned the specific duties of supervising and managing the Office of Parking and Transportation Services.
9. Employee. Any employee of FSU including faculty, administrative and professional personnel, university support personnel system staff, and OPS staff, employed/contracted for 40 or more hours per week.
10. Employees of recognized FSU organizations or Contracted Services. Personnel who work full-time on campus, but who are not University employees, e.g. bookstore employees, beauticians, barbers, food service personnel, credit union employees, staff of religious houses, and employees of the Greek houses.
11. Financial Aid Disbursement. That period of time defined each semester by the Controller’s office for the disbursement of financial aid checks.
12. Fire Lanes. Those areas of campus that must be kept clear of all obstructions so as not to interfere with the movement of fire-fighting equipment and which are marked as fire lanes by signs and red painted curbing or fluorescent red and white painted areas, or both.
13. Loading Zones. Areas specifically designated for the sole purpose of loading or unloading materials or equipment. Properly identified service vehicles, commercial vehicles, vehicles bearing valid FSU decals or vehicles properly displaying loading zone permits issued by the Office of Parking and Transportation Services are authorized to use loading zones. Loading zones are delineated by signs or pavement marking. Use of these areas is limited to 20 minute periods. Vehicles exceeding the 20 minute maximum period may be issued additional citations every hour after the original citation.
14. Loading Dock. Areas specifically designated for the sole purpose of loading or unloading materials or equipment at the delivery entrance or designated location to a building. Properly identified service vehicles, commercial vehicles, or vehicles properly displaying loading dock permits issued by the Office of Parking and Transportation Services are authorized to use loading docks. Loading docks are delineated by signs or pavement marking. Vehicles without proper authorization will be issued a citation for permit not authorized for space and/or towed at owner’s expense (fine code – 01).
15. Motorcycle, Moped, or Motor Scooter. Any motor vehicle having less than 4 wheels.
16. Parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in loading or unloading merchandise or passengers, as may be permitted by law under the State Uniform Traffic Control Law, Chapter 316, F.S., or this rule pursuant to section 240.264 or 240.265, F.S.
17. Parking Violations Appeals Board. The University traffic authority established pursuant to section 240.266, F.S., to review disputes regarding citations and to render decisions regarding the appropriate penalty to be imposed, including the restriction, removal, or restoration of driving or parking privileges on campus. The Parking Violations Appeals Board will consist of 2 or more divisions of equal authority. Each shall be composed of 4 members appointed for a period of 1 year. There shall also be appointed a pool of alternate members who shall be eligible to serve when called upon by the Appeals Coordinator, when a regular member is unavailable. All appointments shall be made by the Vice President for Finance and Administration from a list of persons nominated from the University Committee on Appointments. The positions on each division of the Board shall be occupied by faculty, staff (A & P or USPS) and student members. The Chairperson shall be elected annually from among the members of the Board and shall have full voting rights. This Board shall function on a year-round basis. A quorum shall consist of at least 2 members of the Board. When a quorum is not available, and the appellant has arrived on time for their scheduled hearing, the citation(s) will be dismissed.
18. Part-Time Non-Student Employee. Any person employed/contracted by FSU for less than 40 hours per week who is also not enrolled as a student at Florida State University.
19. Permit. Vehicle registration document which allows the registered vehicle to be parked on the grounds of the University, as set out in this rule. The words permit and decal are used interchangeably in this rule.
20. Persons Affiliated with FSU. Employees or students of FSU or employees of recognized FSU on-campus organizations.
21. Restricted Hours. Between 7:30 a.m. and 4:30 p.m., Monday through Friday on all class days, examination periods, semester breaks, and registration periods.
22. Service Vehicle Area. Areas reserved for properly identified service or emergency vehicles performing maintenance or repair of University owned or leased equipment or facilities, commercial vehicles, or vehicles bearing proper authorization from the Office of Parking and Transportation Services. Non-Service State vehicles are prohibited from parking in service vehicle spaces. Service vehicle areas are reserved during restricted hours and are delineated by signs or pavement marking. Vehicles without proper authorization will be issued a citation and/or towed at owner’s expense for parking in a reserved space without authorization (fine code – 01).
23. Short Term Parking – Those spaces designated by signage with a two-hour maximum stay. Appropriate permits must be obtained from the Office of Parking and Transportation Services.
24. Student. Any person not classified as faculty, administrative and professional personnel or university support personnel system staff who is enrolled and carrying 1 or more credit hours of undergraduate or graduate work at FSU.
25. Vehicle. Any automobile, motorcycle, moped or motor scooter as defined.
26. Visitors. Persons who are not employees or students of FSU and who do not work on campus for other organizations.
27. Working Day. Any day that the University is officially open. This does not include official holidays.
28. Commuter Lot. Designated lot(s) that prohibit the parking of vehicles between the hours of midnight and 6:30 a.m, except on Friday and Saturday evenings or as posted on the entrance of the lot. (2) Permits. (a) All vehicles parked by FSU affiliates on the campus must display the appropriate permit as instructed. The following, however, are excepted:
29. Board of Trustees. Vehicles bearing a valid “Board of Trustees” permit may be parked in any designated, unreserved parking space on campus.
30. “State” Tag Vehicles. Vehicles bearing a duly issued “State” license tag need not be registered or pay parking meter fees. Such vehicles may be parked in any designated, unreserved parking space, short-term space (2 hour maximum) or loading zone (20 minute maximum) on campus.
31. News Media Vehicles. Press Representatives, Reporters, Correspondents, and other representatives of the news media not otherwise affiliated with FSU, who are on campus on official news or press business, may park in any designated, unreserved space, short-term space (2 hour maximum) and loading zone (20 minute maximum), and need not be registered, if a valid Press identification is prominently displayed on their vehicles. Students, faculty and staff are not eligible for this exemption.
32. Commercial Representatives in Commercial Vehicles. Marked delivery trucks, telephone and power service vehicles, limousine service automobiles, taxis, and buses making brief stops at 1 or more points on campus are not required to buy a decal or display a permit. Vehicles used by persons required to perform emergency service or maintenance on University owned or leased equipment or facilities should have appropriate FSU parking permit displayed. These vehicles may be parked in any designated, unreserved parking space. Parking meters must be paid.
33. Contractors. Contractors and contractor personnel engaged in FSU construction projects may park within the fenced enclosure of the construction site. Other parking must be off campus, or other on-campus locations specifically designated by the Office of Parking and Transportation. Construction permits must be displayed in the windshield.
34. Vehicles Transporting Handicapped Individuals; Disabled Veterans. In accordance with the Florida Statutes, a vehicle bearing a parking permit issued pursuant to sections 320.0848, 320.0842, 320.0843, and 320.0845, F.S., or a license plate issued pursuant to section 320.084 or 320.0848, F.S. (disabled veterans and veterans confined to wheel chairs), may park in designated handicapped spaces, if such vehicle is transporting a person eligible for such parking permit or license plate. Any person who is chauffeuring a disabled person shall be allowed momentary parking in any such parking space for the purpose of loading or unloading a disabled person. No penalty shall be imposed upon the driver for such momentary parking. Such vehicles shall not, however, be parked in a bus loading zone, fire zone, handicapped access aisle, service vehicle space, permit designated parking area or any other area posted as a “No Parking” zone. Employee and student affiliates are required to purchase the appropriate parking permit in order to park on campus. Vehicles bearing a valid FSU parking permit and the disabled permit issued by the state may park in metered, loading zone, short-term, and other unreserved permit designated spaces as long as time restrictions are observed and meter fees are paid. Visitors displaying a disabled permit issued by the state may park in designated handicapped accessible spaces, metered, and/or hourly toll lot spaces provided the regular rate/fee is paid.
35. Visitors may park in toll spaces on campus provided time is kept on the meter or other mechanical ticket dispensers. (b) The permit year begins on September 1 and ends the following August 31. All permits expire the last day of August each year. (c) Permit Information: All faulty, staff and student affiliates parking on university property are required to purchase a parking permit or pay appropriate transportation fees. (d) The Office of Parking and Transportation Services reserves the right to deny, restrict or revoke parking privileges to any individual who is in violation of the provisions of this rule. The fraudulent acquisition of a permit by giving incorrect information, falsified proof of status, or by other means shall result in the issuance of violation(s), false registration – fine code 05, to the individual(s) involved. (e) Replacement Permits and Gate Access Cards; Refunds. A Replacement permit and gate access card, if applicable, will be issued when a permit or gate card is no longer serviceable or a vehicle bearing a permit is replaced. The original “RP” permit or gate card must be returned to the Office of Parking and Transportation Services to qualify the holder for a replacement permit or gate card due to defect. If a permit cannot be produced, a replacement shall be issued upon execution of an explanatory Permit Replacement Statement, FSU Form #DAF1000 (Eff. 9/94) incorporated herein with documentation of replacement need filed with the Office of Parking and Transportation Services. Upon return of an original decal, refunds will be given on a pro-rated basis as contained in subsection (3) Parking Fees and Penalties. No refunds will be issued for returned temporary permits or gate cards. Refunds for student permits issued from the assessment of the transportation fee shall be consistent with the University refund policy for local fees. (f) Parking Permits.
36. Faculty, Administrative and Professional personnel, University Support Personnel System staff, and Non-Student OPS employees of recognized FSU affiliated organizations or contracted services employees are eligible to purchase an “R” or “RP” decal taglet, authorizing parking only in designated “R” parking areas or in areas specified for “all FSU permits.” Persons utilizing an “R” or “RP” permit must display their permit/taglet on the rear license plate (secured by bolt) or on the plastic holder with the suction cup secured on the front windshield on the driver’s side in order to validate their “R” or “RP” permit.
37. Visitors are eligible to purchase a “V” permit, authorizing parking only in designated “W” and “R” non-gated parking areas. Faculty, staff and student affiliates are not eligible to purchase a “V” permit. Non-student OPS employees are not eligible for an “RP” permit.
38. Vehicles bearing a “W” permit are authorized to park in designated “W” parking areas between the hours of 7:30 a.m. and 4:30 p.m. on all class days. An individual may purchase and maintain only 1 automobile and 1 motorcycle permit at a time during each permit year. This excludes replacement permits.
39. On the day preceding a home football game or as designated on the signage, all vehicles must be removed by 6:00 p.m. in designated football lots.
40. Commercial vendors and sales and service representatives are eligible to purchase commercial (“C”) permits. Vehicles bearing “C” permits may park in any designated, non-gated unreserved parking space on campus. Commercial decal holders may also utilize designated loading areas for 20-minute periods only, short term parking spaces (2 hour maximum), service vehicle spaces and parking meters, provided time is kept on the meters.
41. Individuals operating motorcycles, mopeds or motor scooters may purchase an “MC” permit authorizing parking in motorcycle parking spaces only. Students and non-payroll deducted faculty and staff will be issued an “MC” adhesive style decal. Faculty and staff selecting payroll deduction will be issued an “MP” taglet style permit.
42. A temporary permit must be obtained when a substitute vehicle is parked on campus in lieu of a permitted vehicle. Temporary parking permits have the same parking and driving restrictions as do vehicles bearing the identically lettered permanent permits. Except as otherwise stated, temporary permits are issued for a maximum of 10 working days per academic year. Anyone requesting a temporary permit for more than 10 working days must file a written statement certifying the extraordinary circumstances for the extension, including the reason the registered permit is not available for use and certifying that the substitute permit and the registered permit will not be used on campus simultaneously during the period. There is no charge for a temporary permit issued to the holder of a registered permit for use on a substitute vehicle for a maximum of 10 working days per year.
43. Loading Zone Permits may be purchased on an individual basis to afford access to designated loading zones for loading or unloading of materials or equipment.
44. Service vehicle permits may be purchased by eligible service and technical support representatives. Vehicles bearing a valid “SV” permit are eligible to park in designated service vehicle spaces with no time restriction and loading zones for a maximum of twenty (20) minutes.
45. Persons with FSU retired status who are no longer receiving any form of financial compensation for active employment may purchase an “E” permit. The “E” permit authorizes parking in any designated faculty-staff parking area.
46. Temporary handicapped parking permits will be issued by the Office of Parking and Transportation Services, upon determining eligibility, for a period not to exceed 21 calendar days. To be eligible for applying for a temporary handicapped parking permit the individual must have purchased a valid decal and have it properly displayed. Extension of the eligibility of a temporary permit for more than 21 calendar days will only occur upon receipt of a duly executed Florida Department of Highway Safety and Motor Vehicles Form 83002 or Form 83039 (8/90) S, which are incorporated herein by reference which contain “Disabled Person’s Parking Permit a Physician’s Statement of Certification”, for issuing disabled person’s parking permits at which time a permit will be issued for an additional period not to exceed 35 calendar days. This temporary handicapped parking permit is non-renewable. (g) The permit shall be displayed as directed by the Office of Parking and Transportation Services at point of distribution. (h) Motor scooter, mopeds and motorcycle decals designed and intended to be visibly affixed to a motor scooter or motorcycle shall be visibly affixed to the license plate on the registered vehicle. (i) Vehicle permits and decals are issued to specific individuals and are not transferable between individuals. The owner of the taglet and/or hangtag style decal accepts responsibility of all fines when the permit is displayed on any vehicle. (3) Parking Fees and Penalties. (a) “W” Student Transportation Access Fee. To be assessed each semester to all registered students. At the beginning of each academic year or upon the first registered semester for the academic year an annual parking permit can be obtained by each student who has registered for classes. Each student who requests a permit shall be issued a “W” permit for their automobile. Students owning only a motorcycle must request a “MC” permit at the time of issuance. If a student owns both an automobile and a motorcycle, they shall be issued the “W” permit and are authorized to purchase a “MC” permit as their secondary permit for the motorcycle. It is the responsibility of the student to retrieve the parking permit from the designated point of distribution. All annual permits shall expire on August 31st of each year. (b) Fees for Parking. The fees assessed for each type of parking permit described, with the exception of the Student Transportation Fee and departmental charges, are subject to a sales tax mandated by the State Legislature, and shall be as follows, beginning with the Fall 2005 Academic Year: Student Transportation Access Fee: $6.00 per credit hour Fee Table: excludes tax, which will be accessed at purchase MC Permit (annual) $55.00

R/RP Permit (annual) $232.56

C Permit (annual) $290.19

E Permit (annual) $9.35

SV Permit (annual) $50.94

LZ Permit (annual) $12.38

V Permit (per semester) $48.37

1-day Temporary (daily) $2.81

Law School Gate Card (annual) $14.02

Replacement Costs:

All Gate Cards $4.67

All Permit Types $4.67

(c) Reserved Spaces. The fee for a reserved space as approved by the President shall be $330.00 if purchased during the fall semester, $220.00 if purchased during the spring semester, $110.00 if purchased during the summer semester, in addition to the R permit charge. (d) Parking Meters. Fees for a metered space are: 50 cents per hour. (e) Attended Lots. Fees for attended toll lots shall be determined by the Director of Parking and Transportation Services and fee rates posted at the entrance of the lot. (f) Refund of Fees.

1. The Student Transportation Access Fee refund policy will be in accordance with University refund guidelines for local fees.
2. Permits purchased on an annual or semester basis will be prorated on a monthly scale and must be turned in for a refund at the Office of Parking and Transportation Services by the last day of the month to receive credit for future months.
3. No refunds will be issued for temporary permits or payroll deducted permits. (g) Towing and Related Charges. If a vehicle is towed from University property, the standard towing fees will be paid by the owner or user of the vehicle directly to the commercial towing companies providing services authorized at the request of the University. (4) Operation of Vehicles. Persons who drive vehicles on campus location are subject at all times to the motor vehicle laws of the State of Florida, the rules and regulations of Florida State University and to the ordinances of the City of Tallahassee, where applicable. (5) Parking of Vehicles. (a) FSU reserves the right to regulate the use of any or all parking facilities, including the right to deny or revoke vehicle parking privileges to an individual or groups of individuals and to reserve parking facilities for the exclusive use of selected and designated individuals. (b) The responsibility of locating a legal parking space rests with the operator of the motor vehicle. Lack of space will not be considered a valid excuse or reason for violating any parking regulation. (c) Wrecker Services. Due to the nature of the University’s on and off street parking control activities, the University utilizes local wrecker services acceptable to the City of Tallahassee on a rotation basis pursuant to City Commission Resolution 93-R-0019, approved June 23, 1993, and the Tallahassee Code Article VI, Rotation System Towing, copies of which are on file at the Office of Transportation and Parking. (d) Vehicles parked in violation of the provisions of this rule, abandoned on campus, deemed as a safety hazard by FSU Public Safety or Environmental Health and Safety, or failing to display a current and valid permit or decal shall be towed away and placed in commercial or University storage. Towing and storage charges, and any appropriate University fines, will be borne by the vehicle owner and must be paid before the vehicle will be released. (e) All parking and traffic regulations apply 24 hours a day, 7 days a week except as follows:
4. “R” parking areas are reserved for the use of the vehicles bearing parking permit “R”, “RP”, “C”, and “E”, between the hours of 7:30 a.m. and 4:30 p.m. on all class days, examination periods, semester breaks and registration periods. “V” permits may utilize ungated lots only. These areas are delineated by signs and/or red parking lines. After 4:30 p.m., Monday through Thursday, all valid FSU permits are honored unless otherwise noted by signage.
5. “W” parking areas are reserved for the use of vehicles bearing parking permit “W,” “V” and “C” between the hours of 7:30 a.m. and 4:30 p.m. These parking areas are delineated by signs and/or white painted parking lines.
6. Between 4:30 p.m. and 6:00 p.m. all parked vehicles must bear any valid FSU parking permit or decal and may park in any unreserved parking area without regard to permit designation and may park in general metered spaces without charge. (f) General handicapped spaces are restricted 24 hours a day, 7 days a week to vehicles bearing valid State handicapped parking permits as provided in subparagraph (2)(a)6. of this rule, or temporary handicapped parking permit as provided in subparagraph (2)(f)11. Visitor vehicles parked in handicapped metered spaces must pay the appropriate charges during restricted hours. (g) General handicapped spaces may be designated as time limited. The time limitation will be posted on the sign. Vehicles parked in the time limited handicapped spaces for longer than the maximum time are subject to the issuance of a fine code (01) citation. Handicapped spaces in gated lots shall be designated for faculty, staff or student affiliates whose vehicle bears a valid FSU parking permit and valid Department of Motor Vehicle Disabled Parking permit. Vehicles without a valid FSU parking permit are not authorized to park in the restricted handicapped spaces. (h) Spaces reserved for individuals, University/State vehicles or specific University facilities are restricted 24 hours per day, 7 days a week, unless otherwise posted. (i) Motorcycle, moped, or motor scooter spaces are restricted to motorcycles, mopeds or motor scooters 24 hours per day, 7 days a week. Motorcycles, mopeds, or motor scooters may park in metered spaces as long as time is kept on the meter. (6) Fine Structure. (a) The following practices are specifically prohibited. The fine for each infraction shall be as follows:
7. Parking illegally on University property to include but not limited to: no permit in restricted lots, parking in an access lane, blocking access, parking in a reserved space without authorization, permit not authorized for space, parking in a restricted or reserved lot, improper parking in a loading zone, parking on lawns, landscape or sidewalks, parking in a “No Parking” or non-designated parking area, overtime parking in a metered space or time limited space – fine code 01. The fee assessed for this violation: $20.00.
8. Boot Fee. Administrative charge for vehicle that is immobilized for unpaid parking citations. Citation is placed on identified vehicle and the payment must be paid with other outstanding citations before the boot is removed from the vehicle. Fine code 02 violation. The fee assessed for this violation: $30.00.
9. Parking in a fire lane – fine code 03. The fee assessed for this violation: $100.00.
10. Parking in a handicapped space without authorization or blocking handicapped access or with an “HC” permit being used fraudulently – fine code 04. The fee assessed for this violation: $250.00.
11. False registration. Falsification of proof of status to obtain an FSU parking decal or purchase of a decal by an authorized individual for use by or resale to an unauthorized individual. Failure to provide correct vehicle information within seven working days. Misuse and fraudulent use of a permit – fine code 05. The fee assessed for this violation: $100.00. (b) Late Fee. A $10.00 late fee is assessed on all parking citations that are unpaid or uncontested after ten (10) calendar days from issuance. (7) Disposition of University Parking Citations. (a) Uncontested. Persons wishing to pay the fine for any University Parking Citation shall do so at Student Financial Services or designated point of payment, in accordance with the schedule of fines. (b) Contested. Any person wishing to contest a University Parking Citation shall proceed as follows:
12. Notice. Such person shall, within 10 calendar days from the date on which the citation was issued, file a written notice of election to contest the citation with the Office of Parking and Transportation.
13. The Florida State University Parking Violations Appeal form, identified as FSU Form No. MP-03, Eff. 8-89, and the instructions contained therein are adopted by reference. Copies of the form may be obtained from the Florida State University, Office of Parking and Transportation Services, Tallahassee, Florida.
14. Disposition by Director. The Director or designee shall review timely received written appeals or completed Form MP-03, and as soon thereafter as practicable, issue a written finding that the person charged is either in violation or not in violation of the University parking rule designated on the citation. Any person found to be in violation shall within 14 calendar days of issuance of the Director’s written findings, either pay the applicable fine or give notice of his or her intent to seek review by the Parking Violations Appeals Board. Such notice shall be given by completing a Parking Violations Appeals Board Form MP-01 and filing it with the Coordinator of the Parking Violations Appeals Board. At the time of filing Form MP-01, if applicant wishes to have the issuing officer present at the Appeal Board hearing they must specifically indicate this request on Form MP-01. This is the only time the request can be made.
15. The Florida State University Parking Violations Appeal Board form, identified as FSU Form No. MP-01, Eff. 8-89, and the instructions contained therein are adopted by reference. Copies of the form may be obtained from the Florida State University, Office of Parking and Transportation Services, Tallahassee, Florida.
16. Parking Violations Appeals Board. Any person for whom an appearance before the Board has been scheduled may appear personally, or submit a written presentation, or both. Any person making a written submission only, must submit it to the Board Coordinator at least 1 working day prior to the date on which the appearance is scheduled. A person appearing in person before the Board desiring to have the presence of the issuing officer at the hearing must request the presence of the officer at the time of scheduling the date and time of hearing. This request will be indicated on the filed Form MP-01. If an individual indicates a desire to appear personally, the Coordinator will schedule an appearance and give the person written notice of the date, time, and place thereof. A person appearing in person before the Board may also introduce witnesses, but shall be responsible for securing the presence of such witnesses. In any appearance before the Board, whether in person or in writing, a person may raise any matter relevant to the Board’s decision. Any person who is unable to appear personally at the time scheduled, but wishes to do so, can reschedule an appearance by contacting the Coordinator at least 3 working days prior to the originally scheduled appearance and showing good cause why the appearance should be rescheduled. The Board shall have the authority to continue any person’s appearance to a subsequent date, time, and place, whenever the Board Chairperson determines that such a continuance is necessary to dispose of the matter. The Appellant may only cancel and have rescheduled one Board hearing. After one such cancellation the Board will proceed with the rescheduled hearing and in the absence of the Appellant, will consider the Appellant’s completed Parking Violations Appeal Form MP-03 as the Appellant’s appeal presentation. After the conclusion of a proceeding before the Board, the Board shall issue in writing its decision to either affirm the Director’s findings, affirm the Director’s decision and reduce the fine, or reverse the Director’s decision and dismiss the citation. The decision of the Board shall be final. The proper initiation of a proceeding to contest a citation shall serve to toll the 7 working day deadline for timely payment of fines for the period that the proceeding is pending. (c) Automatic Adjudication. All persons are subject to an automatic adjudication of guilt for failure to respond to a citation within 10 calendar days following the violation. In such case, the appropriate fine, plus an additional penalty, shall be imposed. Any person who is automatically adjudicated guilty may appeal in writing to the Parking Violations Appeals Board for waiver of the automatic adjudication of guilt and the additional penalty. This appeal must be made within 180 calendar days from the date of the issuance of the citation. If the Board determines that there are extenuating circumstances justifying waiver, the individual shall be given the prerogative of appealing the citation itself to the Board. (d) Confidentiality. In any case in which a student is the alleged violator, the records of proceedings before the Director and the Board shall be disclosed only in accord with sections 228.093 and 240.237, F.S. (e) Non-Compliance, Sanctions. In addition to the obligation to pay the appropriate fine and penalty, the following additional actions shall be taken and sanctions imposed in the following circumstances:
17. In the case of a person who fails to either pay the applicable fine or give notice of his or her election to contest a University Parking Citation, within 10 calendar days of the date of issuance of such citation; or who fails to pay the applicable fine within 10 calendar days of the date of issuance of written decision of the Parking Violations Appeals Board, affirming the individual’s adjudication of violation, the Director of Parking and Transportation Services is authorized to revoke, suspend, or restrict the on-campus driving and parking privileges of such individual and take such further action as necessary to enforce the revocation or restriction of privileges and shall cause the matter to be referred as appropriate to the University Controller or University Personnel Relations Department, or both, for further action.
18. All matters so referred to the University Controller shall be deemed to be accounts receivable and the Controller shall take the necessary action to collect such debts. In the case of students, such necessary action shall include: refusal of permission for such students to register, and withholding of transcripts and diplomas from such students until the debt has been paid. In the case of employees such necessary action shall include: involuntary payroll deductions, pursuant to rule 6C2-2.022, F.A.C., until the debt has been paid.
19. All matters involving employees of whatever category shall, upon referral to the Director of Personnel Relations, result in appropriate action being taken in accord with applicable provisions of the Florida Statutes, rule 6C2-4.070, F.A.C. (University Support Personnel System employees), rules 6C2-4.059 and 6C2-4.0592, F.A.C., and Article 16, UFF/BOR Agreement (Administrative and Professional employees), and Article 16, UFF/BOR Agreement (Faculty).
20. Following revocation, suspension or restriction of on-campus driving and parking privileges, the Director shall lift said revocation, suspension or restriction once the applicable fines, charges, and penalties have been paid and all other requirements for registration have been met.
21. Either the Director of Parking and Transportation Services or the Parking Violations Appeals Board, shall, for good cause shown, provide for a longer period of time in which to pay the applicable fine. Good cause shall include, but not be limited to: (1) compelling personal or family financial obligations or inability to pay; or (2) percent of fine in relation to an individual’s available income exceeds 25%. In such cases, no further sanction or penalty as described herein shall be imposed on account of the outstanding fine, until such time period has elapsed without full payment being made.
22. Immobilization; “Booting”. A motor vehicle parked upon the University campus may, at any time, by or under the direction of an officer or staff member of the Department of Public Safety or an employee of the Office of Parking and Transportation Services, be immobilized in such a manner as to prevent its operation. A vehicle will be considered “bootable” in accordance with due process and based on a citation history, when 3 or more parking citations are outstanding against a responsible individual or if pending parking citations total $50.00 or more.
    1. Upon immobilization of such motor vehicle, the officer or employee shall cause to be placed on such vehicle, in a conspicuous manner, sufficient notice to warn any individual that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to the vehicle and is grounds for criminal charges for grand theft.
    2. The individual responsible for the vehicle shall have the right to a probable cause hearing before the chairperson of the Parking Violations Appeals Board or his or her designee, provided such a hearing is requested within 15 calendar days from the date the notice of immobilization is received. The purpose of the hearing is to determine if there is probable cause for continued detention of the vehicle. No hearing will be held unless requested in writing by the individual responsible for the vehicle or his or her agent at the Office of Parking and Transportation Services. The hearing shall be held within 72 hours from receipt of said written request, and the decision shall be issued in writing within 24 hours from the close of the hearing. In lieu of the probable cause hearing, or pending such hearing, where probable cause is found at such hearing, the individual responsible for the vehicle or his or her agent may obtain release of the vehicle by depositing security in the amount of immobilization charges and all delinquent fines and penalties to the Director of Parking and Transportation Services, or his/her designee.
    3. If the chairperson or his or her designee finds probable cause to immobilize a vehicle, upon request of the individual responsible for the motor vehicle a date shall be set for full evidentiary hearing before the Parking Violations Appeals Board. Pending this hearing, the vehicle may be released as provided in paragraph (6)(b) above.
    4. If no probable cause is found to impound a motor vehicle, it shall be released without requiring the individual responsible for the vehicle to pay the administrative charge for immobilization. If the motor vehicle was previously released upon payment of security, such payment shall be refunded.
    5. Failure to request a probable cause hearing within 15 calendar days from the date of the notice of impoundment is received, constitutes a waiver of said hearing and the vehicle shall be released only upon payment of the impoundment charges and delinquent fines or penalties.
    6. The immobilization device or mechanism shall remain in place for 48 hours, unless the individual responsible for the vehicle has complied with paragraph (b) above. If such compliance has not occurred within 48 hours, the vehicle shall be towed and impounded. This subsection does not preclude the towing in the first instance of the vehicle which, because of the number of outstanding parking citations against it, is subject to towing and impoundment pursuant to the other provisions of this rule.
    (8) Parking Garage. (a) The parking garage on Stadium Drive and Connector Road will be closed during posted night time hours; all vehicles must be removed before the garage is closed. The vehicle will be deemed abandoned after 48 hours if unmoved, and can be towed. All associated costs will be paid before the vehicle will be released. (b) Vehicles must be parked “nose in” in the spaces in the parking garage on Call Street. Backing into a space is prohibited and will be assessed the fee listed under fine code 01. (c) After the garage is officially closed, all remaining vehicles will be cited as parking in a reserved space (fine code 01). (d) During the time the garage is closed, a vehicle may be retrieved by notifying the University police, or the designated on-call person. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.75(35), 1006.66 FS. History–New 9-30-75, Amended 3-2-77, 8-28-79, 8-12-85, 4-16-86, Formerly 6C2-2.09, Amended 7-14-87, 8-1-88, 8-1-89, 4-24-90, 11-4-91, 8-17-92, 9-27-93, 12-14-93, 10-28-94, 9-17-95, 8-25-98, 7-20-99, 8-17-00, 8-3-05. 6C2-2.010 Bicycle Parking and Traffic Code. (1) General Information. (a) The provisions of this rule shall be applicable to all persons who operate or park a bicycle on the Florida State University campus at all times, including examination periods, term breaks, and registration periods. (b) All ordinances of the City of Tallahassee relating to Traffic which are not in conflict with or inconsistent with this rule are made a part thereof and are enforceable as provided herein. (c) The University reserves the right to designate and regulate the use of all its bicycle parking facilities, including the right to remove, or reallocate parking areas as the need arises. The responsibility of locating legal parking space rests with the operator of the bicycle. Lack of space will not be considered a valid excuse for violating parking regulations. (d) Definitions.
23. Administering Agency. The Florida State University Department of Public Safety and Department of Environmental Health and Safety and Parking Services are vested with the authority necessary to enforce this rule.
24. Bicycle. Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor rated at not more than 200 watts and capable of propelling the vehicle at a speed of not more than 10 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device.
25. Bicycle Lane. That portion of a roadway restricted to the exclusive use of bicycles and so designated by signs and/or markings.
26. Bicycle Path. A route separate from roadways for the exclusive use of bicycles and so designated by signs and/or markings.
27. Campus. All property situated in the Tallahassee area that is under the control of The Florida State University.
28. Dual Use Sidewalk. A sidewalk on which both bicycle and pedestrian traffic is permitted and that is so designated by signs and/or markings.
29. Hazard. When a bicycle is parked or secured by chain or other device in a location the result of which creates a situation of risk, peril or danger of injury or destruction to property.
30. Operator. The person in actual physical control of a bicycle.
31. State. The State of Florida.
32. University. The Florida State University.
33. All other definitions cited in Section 316.003, F.S., and relating to bicycles and other motor vehicles are hereby accepted for use in this rule. (2) Bicycle Registration. (a) All bicycles that are operated, parked, or stored on campus by any student or faculty or staff member of the University community are encouraged to voluntarily register their bicycles with the Department of Public Safety or Environmental Health and Safety. Bicycles not owned or operated by a member of the University student body, faculty or staff, or an employee of a University related agency or office can be operated or parked on the campus in accordance with this rule. (b) The application form includes the following:
34. Full name and address of the owner(s).
35. The owner’s FSU ID number.
36. Name and address of the Operator (if different from previous name and address).
37. Make, color, serial number, and model of the bicycle, or other identifying information. (3) The Operation of Bicycles. (a) Every person operating a bicycle upon a public street shall do so in accordance with the traffic control devices and rules of the road that are applicable to motor vehicles under Florida law and regulations specified within this rule. (b) Mounted bicycles shall be operated only on a roadway, bicycle path, bicycle lane, or dual use sidewalk. (c) A person operating a bicycle shall do so as close to the right hand side of the path, lane, sidewalk and roadway and with the flow of traffic. (d) Rules of the road applicable to motor vehicles shall apply to bicycles operated on bicycle paths unless this rule explicitly requires a different course of action. Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use that path and not use the roadway. (e) After sundown, every bicycle shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least five hundred feet to the front and a lamp on the rear exhibiting a red light visible from a distance of five hundred feet to the rear. A red reflector meeting the requirements of this section may be used in lieu of the red light. All such lamps and reflectors shall be in place and in operation whenever a bicycle is operated after sundown. (f) All traffic signals, stop signs, yield signs, and other traffic control signs will apply to the operator of a bicycle. Traffic control signs or devices on a roadway parallel to a bicycle path shall also apply to the operator of a bicycle on such a path if that path leads into or crosses an area or street protected by the traffic control device. (g) The operator of a bicycle shall at all times yield the right-of-way to pedestrians. (4) Bicycle Parking. (a) The Florida State University reserves the right to designate and regulate the use of all its bicycle parking facilities. (b) The responsibility of locating legal parking space rests with the operator of the bicycle. Lack of space will not be considered a valid excuse or reason for violating parking regulations. (c) A bicycle is forbidden to be parked and/or secured on a handicapped accessible ramp, either in part or totally, or in any manner that would restrict the movement of physically challenged persons. (d) Bicycles shall be parked so as not to impede any form of pedestrian or vehicular movement. Prohibited areas include any area within six feet in front and to the side of any entrance to or exit from any building, within any sidewalk, on any access or egress ramp, or sidewalks, steps or stairs, in corridors, or motor vehicle parking spaces. (e) A bicycle should be chained or locked only to a bicycle parking rack or to the locking device provided in bicycle parking areas. (f) The Department of Public Safety and the Department of Environmental Health and Safety are authorized to cut security devices and remove for impoundment any bicycle parked or stored in violation of this rule. A bicycle will be impounded for any of the following reasons:
38. Parked in a manner so as to create a hazard, as defined in subparagraph (2)(f)7.
39. Abandoned.
40. Parked in a prohibited area as provided in paragraphs (4)(c) and (d). (g) A person whose bicycle has been impounded may claim their bicycle within 30 days by contacting the Department of Public Safety or Department of Environmental Health and Safety. The burden of proving ownership shall rest with the person claiming the bicycle. (h) An impounded bicycle not reclaimed within 30 days shall be considered to be abandoned and shall be disposed of by the University in accordance with section 705.18, F.S. (5) Enforcement Procedures. (a) Any person whose actions result in a violation of this rule will be assessed a fine of $10.00 per violation in accordance with section 240.265, F.S. (b) All fine assessments are payable at Parking Services. (c) Alleged violators of this rule will have the same avenues of appeal as an operator of a motor vehicle in accordance with FSU rule 6C2-2.009, F.A.C. Rulemaking Authority 240.227(1), 240.264 FS. Law Implemented 240.263, 240.264, 240.265, 240.266, 705.18 FS. History–New 9-30-75, Formerly 6C2-2.10, Amended 3-7-95. 6C2-2.011 Facilities Leasing Program. Rulemaking Authority 240.225, 240.227(1), 255.249(2) FS. Law Implemented 240.225, 240.227(1), (13), 255.248, 255.249, 255.25, 286.23 FS. History–New 9-30-75, Amended 6-14-81, Formerly 6C2-2.11, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.013 Commercial Solicitations. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (13) FS. History–New 9-30-75, Formerly 6C2-2.13, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.0131 Posting, Chalking and Distribution of Materials. Rulemaking Authority 228.0081(2) FS. Law Implemented 228.0081(2)(r) FS. History–New 5-9-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.014 Identification Cards. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 9-30-75, Formerly 6C2-2.14, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.015 Purchasing and Procurement. Rulemaking Authority 1001.74(4) FS. Law Implemented 112.313, 120.57(3), 283.33, 672.719, 1001.74(5), 1001.75(5), 1004.22(7) FS. History-New 1-5-81, Formerly 6C2-2.15, Amended 11-4-87, 6-11-91, 12-21-93, 10-20-99, 3-17-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C2-2.016 Purchasing of Insurance. Rulemaking Authority 240.227(1) FS. Law Implemented 110.123, 287.022 FS. History–New 9-30-75, Formerly 6C2-2.16, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C2-2.018 Control of Radiation Hazards. Rulemaking Authority 120.53(1)(b) FS. Law Implemented 120.53(1)(b) FS. History–New 9-30-75, Formerly 6C2-2.18, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.022 Employee Debt Collection. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.291 FS. History–New 4-14-86, Repealed by Section 20, Chapter 2011-177, Laws of Florida. Cf. Rules 6C2-2.009, 6C2-2.0091, 6C2-2.005, 6C2-2.006, 6C2-2.007, 6C2-2.010, 6C2-3.037, 6C2-4.007, 6C2-4.061, 6C2-4.063, 6C2-6.008, 6C2-6.009, 6C2-6.014, F.A.C. Sections 215.34, 240.459, 240.415, 240.499, 240.451 FS. 6C2-2.023 Public Records: Uniform Charge Procedure. Rulemaking Authority 240.227(1) FS. Law Implemented 119.07(1), 228.093, 240.237, 240.241(2), 240.253 FS. History–New 7-15-93, Amended 11-22-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.024 Tuition and Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11) FS., General Appropriations Act 2005-06. History–New 9-2-02, Amended 5-5-03, 9-30-03, 10-21-04, 9-21-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.0241 Tuition and Fees for Repeated Enrollment in College Credit Courses. Rulemaking Authority 1001.74(4) FS. Law Implemented 1009.285 FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02410 Internet Payment of Tuition and Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(24) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02411 Third Party Tuition and Fee Billings. Rulemaking Authority 1001.74(4) FS. Law Implemented 1009.24(12)(e) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02412 Financial Aid and Tuition and Fee Payment. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02413 Florida Prepaid College Program. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), 1009.97 FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02414 Fee Waivers. Rulemaking Authority 1001.74(4) FS. Law Implemented 112.19, 112.191, 112.1915, 1009.25, 1009.26, 1009.265 FS. History–New 5-5-03, Amended 10-21-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02415 Late Fee Waivers. Rulemaking Authority 1001.74(4) FS. Law Implemented 1009.24(12)(e) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02416 Student Residency. Rulemaking Authority 1001.74(4) FS. Law Implemented 1009.21 FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02417 Refunds of Tuition and Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (11), 1009.24 FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02418 Student Withdrawals From Courses Due to Military Service. Rulemaking Authority 1001.74(4) FS. Law Implemented 1004.07 FS History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02419 Withdrawals and Return of Financial Aid. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (11), 1001.75(4) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.0242 Registrations for Zero Hour. Rulemaking Authority 1001.74(4) FS. Law Implemented 1009.24(12)(d) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02420 Exit Interviews. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10) FS., 34 C.F.R. 674.42. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02421 Tuition and Fee Assessments and Remittance. Rulemaking Authority 1001.74(4) FS. Law Implemented 1010.86 FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02422 Special Fines, Fees, and Penalties. Rulemaking Authority 1001.74(4) FS. Law Implemented 1009.24(12), (b), (n) FS. History–New 5-5-03, Amended 9-30-03, 10-21-04, 8-3-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.02423 Delinquent Accounts. Rulemaking Authority 1001.74(4) FS. Law Implemented 1009.24(12)(i) FS. History–New 5-5-03, Repealed by Section 20, Chapter 2011-177, Laws of Florida. 6C2-2.02424 Dishonored Checks or Electronic Payments. Rulemaking Authority 1001.74(4) FS. Law Implemented 832.07, 1009.24(12)(e) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.0243 Auditing Courses. Rulemaking Authority 1001.74(4) FS. Law Implemented 1009.24(12)(d) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.0244 Materials and Supply (Lab) Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1009.24(12)(g) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.0245 Tuition-free Courses for Those Sixty Years of Age and Older. Rulemaking Authority 1001.74(4) FS. Law Implemented 1009.26(4) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.0246 Tuition and Fee Deferments. Rulemaking Authority 1001.74(4) FS. Law Implemented 1009.27 FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.0247 Tuition and Fee Liability. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (11) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.0248 Student Cancellation of Schedule. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (11) FS. History–New 5-5-03 Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.0249 Installment Tuition and Fee Contracts. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (11), 1009.24(12)(d), (e), (14) FS. History–New 5-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-2.025 Direct Support Organizations. Rulemaking Authority 1001.74(4), 1004.28(2) FS. Law Implemented 1001.74(37), 1004.28 FS. History–New 4-21-03, Repealed 4-22-19.

Chapter 6C2-3 STUDENT LIFE

Fla. Admin. Code R. 6C2-3 STUDENT LIFE

CHAPTER 6C2-3 STUDENT LIFE 6C2-3.001 Student Governance (Repealed) 6C2-3.0015 Student Organizations and Activities (Repealed) 6C2-3.003 Students' Freedom of Expression Rights and Responsibilities (Repealed) 6C2-3.004 Student Conduct Code (Repealed) 6C2-3.005 Academic Honor Policy (Repealed) 6C2-3.006 The University Defender (Repealed) 6C2-3.007 Administrative Suspensions Not Within the Judicial System (Repealed) 6C2-3.012 Student Housing (Repealed) 6C2-3.035 Activity and Service (A & S) Fee Fund Management (Repealed) 6C2-3.037 Financial Aid (Repealed) 6C2-3.038 Assistantships (Repealed) 6C2-3.045 College of Law Student Conduct Code (Repealed) 6C2-3.050 Educational Research Center for Child Development (Repealed) 6C2-3.001 Student Governance. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.235(1)(a)2. FS. History–New 9-30-75, Amended 12-26-85, Formerly 6C2-3.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.0015 Student Organizations and Activities. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.235, 240.261, 240.262 FS. History–New 9-7-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.003 Students’ Freedom of Expression Rights and Responsibilities. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (15), 240.235(1)(a)1. FS. History–New 9-30-75, Formerly 6C2-3.03, Amended 7-28-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.004 Student Conduct Code. Rulemaking Authority 240.227(1) FS. Law Implemented 228.093(1), 240.133, 240.237, 240.261, 240.262 FS. History–New 9-30-75, Formerly 6C2-3.04, Amended 9-4-86, 3-20-88, 7-18-96, 7-20-99, 11-13-00, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.005 Academic Honor Policy. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), 1002.22 FS. History–New 9-30-75, Formerly 6C2-3.05, Amended 1-26-87, 11-25-87, 8-3-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.006 The University Defender. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 240.227(1), 240.261 FS., 6C-4.001(5), F.A.C. History–New 9-30-75, Formerly 6C2-3.06, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.007 Administrative Suspensions Not Within the Judicial System. Rulemaking Authority 240.132, 240.227(1) FS. Law Implemented 240.132, 240.227(1) FS. History–New 9-30-75, Formerly 6C2-3.07, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.012 Student Housing. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (12), (13), 243.04(1), (4), (5) FS. History–New 9-30-75, Formerly 6C2-3.12, Amended 7-8-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.035 Activity and Service (A & S) Fee Fund Management. Rulemaking Authority 240.227(1) FS. Law Implemented 240.235(1) FS. History–New 9-30-75, Amended 4-7-83, 1-6-86, Formerly 6C2-3.35, Amended 4-18-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.037 Financial Aid. Rulemaking Authority 240.227(1) FS. Law Implemented 228.093, 240.209(1), 240.235(2), 240.287, 240.4042, 240.40422 FS. History–New 9-30-75, Amended 1-19-86, Formerly 6C2-3.37, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.038 Assistantships. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 9-30-75, Formerly 6C2-3.38, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.045 College of Law Student Conduct Code. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 240.132, 240.133(2), (3), 240.227(1), 240.261 FS. History–New 8-25-83, Formerly 6C2-5.146, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

6C2-3.050 Educational Research Center for Child Development. Rulemaking Authority 240.227(1) FS. Law Implemented 240.531 FS., 6C-10.004, FAC. History–New 6-10-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C2-4 FACULTY AND STAFF

Fla. Admin. Code R. 6C2-4 FACULTY AND STAFF

CHAPTER 6C2-4 FACULTY AND STAFF 6C2-4.001 General Human Resource Policies. Equal Opportunity, Child Labor and Nepotism. (Repealed) 6C2-4.0015 Attendance and Leave (Repealed) 6C2-4.011 Affirmative Action Program (Repealed) 6C2-4.012 Assistant to the President for Human Affairs (Repealed) 6C2-4.013 The President's Advisory Committee for Racial Minorities, Women, and the Physically Handicapped (Repealed) 6C2-4.014 Human Affairs Associates (Repealed) 6C2-4.015 Equal Opportunity Committee (Repealed) 6C2-4.016 Equal Opportunity Commission (Repealed) 6C2-4.017 Task Force on Faculty Women's Salaries (Repealed) 6C2-4.018 Anti-discrimination Policy and Procedures (Repealed) 6C2-4.019 Affirmative Action Guidelines for Divisions and Departments (Repealed) 6C2-4.020 Definition of Terms (Repealed) 6C2-4.021 Affirmative Action Procedures for Divisions and Departments (Repealed) 6C2-4.022 Division of Professional Schools and Colleges Affirmative Action Procedures (Repealed) 6C2-4.023 Division of Arts and Sciences Affirmative Action Procedures (Repealed) 6C2-4.024 Division of Social Sciences and Law Affirmative Action Guidelines (Repealed) 6C2-4.025 Affirmative Action Guidelines for Career Service Appointments (Repealed) 6C2-4.026 Program to Increase Minority Availability in Academic and Administrative and Professional Areas (Repealed) 6C2-4.027 The Florida State University Procedures Relating to Faculty Appointments (Repealed) 6C2-4.028 Review Procedures for Denial of Promotion and Tenure and Non-renewal and Termination of Faculty Appointments (Repealed) 6C2-4.029 Faculty Regulations (Repealed) 6C2-4.030 Policy Governing Graduate Faculty Membership (Repealed) 6C2-4.031 Faculty Grievance Procedure (Repealed) 6C2-4.033 Faculty Evaluations (Repealed) 6C2-4.0335 Suspension and Dismissal of Faculty; Peer Hearing (Repealed) 6C2-4.034 Faculty Tenure and Promotion (Repealed) 6C2-4.035 Department, School and College Criteria and Procedures (Repealed) 6C2-4.0395 College of Law Phased Retirement Program (Repealed) 6C2-4.0485 Criteria and Procedures for Promotion for In-Unit General Faculty Librarians (Repealed) 6C2-4.062 Research Institutes, Centers and Facilities (Repealed) 6C2-4.063 University Sponsored Educational Materials (Repealed) 6C2-4.064 Sick Leave Pool (Repealed) 6C2-4.065 Employee Recognition Program (Repealed) 6C2-4.066 Personnel Exchange (Repealed) 6C2-4.070 Guidelines for Disciplinary Action (Repealed) 6C2-4.001 General Human Resource Policies. Equal Opportunity, Child Labor and Nepotism. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 9-30-75, Formerly 6C2-4.01, Amended 9-24-98, 4-16-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.0015 Attendance and Leave. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 4-16-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.011 Affirmative Action Program. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 9-30-75, Formerly 6C2-4.11, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.012 Assistant to the President for Human Affairs. Rulemaking Authority 110.051(2)(e), 240.001(1)(c), (d), (g), 240.227(1) FS. Law Implemented 110.051(2)(e), 240.001(1)(c), (d), (g), 240.227(5) FS., 6C2-4.013, F.A.C. History–New 9-30-75, Formerly 6C2-4.12, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.013 The President’s Advisory Committee for Racial Minorities, Women, and the Physically Handicapped. Rulemaking Authority 120.53(1)(b), 240.001(1)(d), 240.042(2)(a) FS. Law Implemented 120.53(1)(b), 240.001(1)(d), 240.042(2)(a) FS., 6C-4.001(1), (5), 6C-4.002(1), F.A.C. History–New 9-30-75, Formerly 6C2-4.13, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.014 Human Affairs Associates. Rulemaking Authority 120.53(1)(b), 240.001(1)(d), 240.042(2)(a), 110.051(2)(e) FS. Law Implemented 120.53(1)(b), 240.001(1)(d), 240.042(2)(a), 110.051(2)(e) FS., 6C-4.001(1), (5), 6C-5.001(1), (2), 6C-5.002(1), (3), F.A.C. History–New 9-30-75, Formerly 6C2-4.14, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.015 Equal Opportunity Committee. Rulemaking Authority 120.53(1)(b), 240.001(1)(d), 240.042(2)(a), 112.041(1) FS. Law Implemented 120.53(1)(b), 240.001(1)(d), 240.042(2)(a), 112.041(1) FS., 6C-5.001(1), (2), 6C-5.002(1), (3), F.A.C. History–New 9-30-75, Formerly 6C2-4.15, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.016 Equal Opportunity Commission. Rulemaking Authority 120.53(1)(b), 240.001(1)(d), 240.042(2)(a), 112.041(1) FS. Law Implemented 120.53(1)(b), 240.001(1)(d), 240.042(1), (2), 112.041(1) FS., 6C-5.001(1), (2), 6C-5.002(1), (3), F.A.C. History–New 9-30-75, Formerly 6C2-4.16, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.017 Task Force on Faculty Women’s Salaries. Rulemaking Authority 120.53(1)(b), 240.001(1)(d), 240.042(2)(a), (b), 112.041(1) FS. Law Implemented 120.53(1)(b), 240.001(1)(d), 240.042(2)(a), (b), 112.041(1) FS., 6C-5.001(1), (2), 6C-5.002(1), (3), F.A.C. History–New 9-30-75, Formerly 6C2-4.17, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.018 Anti-discrimination Policy and Procedures. Rulemaking Authority 120.53(1)(b), 240.042(2)(a), (b), 112.041(1) FS. Law Implemented 120.53(1)(b), 240.042(2)(a), (b), 112.041(1) FS., 6C-5.001(1), (2), 6C-5.002(1), F.A.C. History–New 9-30-75, Formerly 6C2-4.18, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.019 Affirmative Action Guidelines for Divisions and Departments. Rulemaking Authority 120.53(1)(b), 240.001(1)(d), 240.042(2)(a), 112.041(1) FS. Law Implemented 120.53(1)(b), 240.001(1)(d), 240.042(2)(a), 112.041(1) FS., 6C-5.001(1), (2), 6C-5.002, F.A.C. History–New 9-30-75, Formerly 6C2-4.19, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.020 Definition of Terms. Rulemaking Authority 120.53(1)(b), 112.041(1) FS. Law Implemented 120.53(1)(b), 112.042(1) FS., 6C-5.001(1), 6C-5.002(1), F.A.C. History–New 9-30-75, Formerly 6C2-4.20, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.021 Affirmative Action Procedures for Divisions and Departments. Rulemaking Authority 120.53(1)(b), 240.042(2)(a), (b) FS. Law Implemented 120.53(1)(b), 240.042(2)(a), (b) FS., 6C-5.001(1), (2), F.A.C. History–New 9-30-75, Formerly 6C2-4.21, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.022 Division of Professional Schools and Colleges Affirmative Action Procedures. Rulemaking Authority 120.53(1)(b), 240.042(2)(a), (b) FS. Law Implemented 120.53(1)(b), 240.042(2)(a), (b) FS., 6C-5.004(1), (2)(a), (b), (3)(a), 6C-4.001(8)(a), F.A.C. History–New 9-30-75, Formerly 6C2-4.22, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.023 Division of Arts and Sciences Affirmative Action Procedures. Rulemaking Authority 120.53(1)(b), 240.042(2)(a), (b), 110.022(1)(f) FS. Law Implemented 120.53(1)(b), 240.042(2)(a), (b), 110.022(1)(f) FS., 6C-4.001(5), (8)(a), 6C-5.001(1), 6C-5.004(1), (2)(b), F.A.C. History–New 9-30-75, Formerly 6C2-4.23, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.024 Division of Social Sciences and Law Affirmative Action Guidelines. Rulemaking Authority 120.53(1)(b), 240.042(2)(a), (b) FS. Law Implemented 120.53(1)(b), 240.042(2)(a), (b) FS., 6C-4.001(5), (8)(a), 6C-5.001(1), 6C-5.004 et seq., F.A.C. History–New 9-30-75, Formerly 6C2-4.24, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.025 Affirmative Action Guidelines for Career Service Appointments. Rulemaking Authority 120.53(1)(b), 240.042(2)(a), (b), 110.022(1) FS. Law Implemented 120.53(1)(b), 240.042(2)(a), 110.022(1) FS., 6C-4.001(5), (8)(a), 6C-5.001(1), 6C-5.002(3), F.A.C. History–New 9-30-75, Formerly 6C2-4.25, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.026 Program to Increase Minority Availability in Academic and Administrative and Professional Areas. Rulemaking Authority 120.53(1)(b), 240.001(1)(d), 240.042(2)(a), (b) FS. Law Implemented 120.53(1)(b), 240.001(1)(d), 240.042(2)(a), (b) FS., 6C-4.001(5), (8)(a), 6C-5.001(1), 6C-5.002(2), (3), 6C-6.001(1), (2), F.A.C. History–New 9-30-75, Formerly 6C2-4.26, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.027 The Florida State University Procedures Relating to Faculty Appointments. Rulemaking Authority 120.53(1)(b), 240.042(2)(a), (b), 110.051(2)(e) FS. Law Implemented 120.53(1)(b), 240.042(2)(a), (b), 110.051(2)(e) FS., 6C-4.001(5), (8)(a), 6C-5.004(2)(b), (3)(a), 6C-5.001, F.A.C. History–New 9-30-75, Formerly 6C2-4.27, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.028 Review Procedures for Denial of Promotion and Tenure and Non-renewal and Termination of Faculty Appointments. Rulemaking Authority 120.57, 240.227(1) FS. Law Implemented 120.57, 240.227(5), 240.245 FS. History–New 9-30-75, Formerly 6C2-4.28, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.029 Faculty Regulations. Rulemaking Authority 120.57, 110.051(2)(e), 240.227(1) FS. Law Implemented 120.57, 110.051(2)(e), 240.227(5) FS. History–New 9-30-75, Formerly 6C2-4.29, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.030 Policy Governing Graduate Faculty Membership. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (19) FS. History–New 9-30-75, Formerly 6C2-4.30, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.031 Faculty Grievance Procedure. Rulemaking Authority 120.57, 240.227(1) FS. Law Implemented 120.57, 240.227(5) FS., 6C-5.010(2)(a), F.A.C. History–New 9-30-75, Amended 7-21-77, Formerly 6C2-4.31, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.033 Faculty Evaluations. Rulemaking Authority 240.227(1), 240.245 FS. Law Implemented 240.227(1), 240.245 FS. History–New 9-30-75, Formerly 6C2-4.33, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.0335 Suspension and Dismissal of Faculty; Peer Hearing. Rulemaking Authority 240.227(1), (5), 240.261 FS. Law Implemented 240.132, 240.209(3)(e), 240.227(5), 240.253, 240.261 FS. History–New 11-13-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.034 Faculty Tenure and Promotion. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(19) FS. History–New 9-30-75, Formerly 6C2-4.34, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.035 Department, School and College Criteria and Procedures. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(19) FS. History–New 9-30-75, Formerly 6C2-4.35, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.0395 College of Law Phased Retirement Program. Rulemaking Authority 240.227(1) FS. Law Implemented 121.091(9)(b)5., 240.227(1), (5), 240.227(19) FS. History–New 10-10-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.0485 Criteria and Procedures for Promotion for In-Unit General Faculty Librarians. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (19), 240.253, 240.245 FS. History–New 7-17-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.062 Research Institutes, Centers and Facilities. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (21), 240.242, 240.299 FS. History–New 9-30-75, Formerly 6C2-4.62, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.063 University Sponsored Educational Materials. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.229 FS. History–New 9-30-75, Formerly 6C2-4.63, Amended 6-16-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.064 Sick Leave Pool. Rulemaking Authority 240.227(1) FS. Law Implemented 110.121 FS. History–New 5-20-86, Amended 9-24-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.065 Employee Recognition Program. Rulemaking Authority 240.227(1) FS. Law Implemented 240.2111 FS. History–New 3-20-88, Amended 9-24-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.066 Personnel Exchange. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(11) FS. History–New 9-24-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-4.070 Guidelines for Disciplinary Action. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 6-16-87, Amended 9-24-98, 6-15-99, 4-16-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C2-5 ACADEMIC MATTERS

Fla. Admin. Code R. 6C2-5 ACADEMIC MATTERS

CHAPTER 6C2-5 ACADEMIC MATTERS 6C2-5.003 University Undergraduate Admission Committee Procedures (Repealed) 6C2-5.076 Panama Canal Zone Branch (Repealed) 6C2-5.077 Foreign Programs (Repealed) 6C2-5.079 Special Non-degree Seeking Students (Repealed) 6C2-5.081 Tuition, Fees, Payment (Repealed) 6C2-5.084 Prospective Effect of Rules (Repealed) 6C2-5.088 Division of Sponsored Research (Repealed) 6C2-5.0881 Sponsored Research Exemptions (Repealed) 6C2-5.090 Center for Professional Development and Public Service (Repealed) 6C2-5.095 Instructional Systems Development Center (Repealed) 6C2-5.097 Deletion of Courses (Repealed) 6C2-5.003 University Undergraduate Admission Committee Procedures. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(8), 240.233 FS., 6C-6.001(1), F.A.C. History–New 9-30-75, Amended 7-21-76, Formerly 6C2-5.03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-5.076 Panama Canal Zone Branch. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(8), 240.233 FS., 6C-4.001(1), (5), 6C-6.001(1), 6C-7.002(6), 6C-6.004(1)(e), 6C-7.003(4), 6C-8.002(4)(d), (5)(a), (6)(a), (7)(a), (b), F.A.C. History–New 9-30-75, Formerly 6C2-5.76, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-5.077 Foreign Programs. Rulemaking Authority 240.227(1), (8) FS. Law Implemented 240.227(1), (8), (14) FS. History–New 9-30-75, Formerly 6C2-5.77, Amended 8-15-90, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-5.079 Special Non-degree Seeking Students. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(8), 240.233 FS., 6C-4.001(1), (5), 6C-6.003(4), F.A.C. History–New 9-30-75, Amended 4-19-78, Formerly 6C2-5.79, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-5.081 Tuition, Fees, Payment. Rulemaking Authority 120.53(1)(b), 240.227(1) FS. Law Implemented 120.53(1)(b), 240.202, 240.235, 240.271, 240.289 FS. History–New 9-30-75, Formerly 6C2-5.81, Amended 12-24-87, 7-30-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-5.084 Prospective Effect of Rules. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 9-30-75, Formerly 6C2-5.84, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-5.088 Division of Sponsored Research. Rulemaking Authority 240.227(1) FS. Law Implemented 240.241 FS. History–New 9-30-75, Formerly 6C2-5.88, Amended 10-20-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-5.0881 Sponsored Research Exemptions. Rulemaking Authority 240.227(1) FS. Law Implemented 240.241(2), (7), (9), (12) FS. History–New 10-20-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-5.090 Center for Professional Development and Public Service. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (7), (10), (14) FS. History–New 9-30-75, Formerly 6C2-5.90, Amended 7-28-86, Formerly 6C2-5.90, Repealed by Section 36, Chapter 2010-78, Laws of Florida, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-5.095 Instructional Systems Development Center. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(10) FS. History–New 9-30-76, Formerly 6C2-5.95, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-5.097 Deletion of Courses. Rulemaking Authority 240.227(1) FS. Law Implemented 233.015, 240.227(1) FS. History–New 6-29-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C2-6 MISCELLANEOUS

Fla. Admin. Code R. 6C2-6 MISCELLANEOUS

CHAPTER 6C2-6 MISCELLANEOUS 6C2-6.001 Gender (Repealed) 6C2-6.0035 Intercollegiate Athletics; Season Ticket Allocation and Sale (Repealed) 6C2-6.004 Computing Center (Repealed) 6C2-6.006 Florida State University Imprimature (Repealed) 6C2-6.007 University Marine Lab (Repealed) 6C2-6.008 University Library (Repealed) 6C2-6.009 Inventions and Patents (Repealed) 6C2-6.0091 Ownership of Student-Produced Films: School of Motion Picture, Television and Recording Arts (Repealed) 6C2-6.010 Florida Resources and Environmental Analysis Center (FREAC) (Repealed) 6C2-6.011 Eminent Scholars Program (Repealed) 6C2-6.012 Alcohol Policy (Repealed) 6C2-6.013 Sexual Harassment Policy (Repealed) 6C2-6.001 Gender. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 9-30-75, Formerly 6C2-6.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-6.0035 Intercollegiate Athletics; Season Ticket Allocation and Sale. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (15), (19) FS. History–New 4-27-80, Formerly 6C2-6.035, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-6.004 Computing Center. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.541 FS. History–New 9-30-75, Formerly 6C2-6.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-6.006 Florida State University Imprimature. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(14), 240.229 FS. History–New 9-30-75, Amended 5-11-77, Formerly 6C2-6.06, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-6.007 University Marine Lab. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(13) FS. History–New 9-30-75, Formerly 6C2-6.07, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-6.008 University Library. Rulemaking Authority 240.227(1), 240.261(1), 240.268(2) FS. Law Implemented 240.227(1), (13), 240.261(1), 806.13, 812.014 FS. History–New 9-30-75, Amended 4-7-83, Formerly 6C2-6.08, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. F. Section U. Disciplinary Guidelines; 6C2-4.052(7)(f), (g), (o) and (hh), 6C2-4.059(4) F.A.C. 6C2-6.009 Inventions and Patents. Rulemaking Authority 240.227(1), (5), (13) FS. Law Implemented 240.227(1), (5), (13), 240.229 FS. History–New 9-30-75, Formerly 6C2-6.09, Amended 8-5-91, Repealed by Section 19, Chapter 2011-177, Laws of Florida. 6C2-6.0091 Ownership of Student-Produced Films: School of Motion Picture, Television and Recording Arts. Rulemaking Authority 240.227(1) FS. Law Implemented 240.229, 240.241 FS. History–New 5-27-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-6.010 Florida Resources and Environmental Analysis Center (FREAC). Rulemaking Authority 240.227(1) FS. Law Implemented 240.241 FS. History–New 9-30-75, Formerly 6C2-6.10, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-6.011 Eminent Scholars Program. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.2605 FS., Section 35, Chapter 94-230, Laws of Florida. History–New 12-6-87, Amended 3-21-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-6.012 Alcohol Policy. Rulemaking Authority 240.227(1) FS. Law Implemented 240.261 FS. History–New 2-10-93, Amended 12-28-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C2-6.013 Sexual Harassment Policy. Rulemaking Authority 240.227(1) FS. Law Implemented 240.132, 240.133, 240.261 FS. History–New 9-24-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Division 6C11 New College of Florida

Chapter 6C11-2 GENERAL

Fla. Admin. Code R. 6C11-2 GENERAL

CHAPTER 6C11-2 GENERAL 6C11-2.001 New College of Florida Student Records Policy (Repealed) 6C11-2.001 New College of Florida Student Records Policy. Rulemaking Authority 1006.52 FS. Law Implemented 1002.22, 1006.52 FS. History‒New 12-24-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C11-3 ACADEMIC AFFAIRS

Fla. Admin. Code R. 6C11-3 ACADEMIC AFFAIRS

CHAPTER 6C11-3 ACADEMIC AFFAIRS 6C11-3.001 New College of Florida Admissions (Repealed) 6C11-3.001 New College of Florida Admissions. Rulemaking Authority 1001.74(4), 1007.261 FS. Law Implemented 1001.74(10), 1007.261 FS. History–New 1-1-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C11-4 ADMINISTRATIVE AFFAIRS

Fla. Admin. Code R. 6C11-4 ADMINISTRATIVE AFFAIRS

CHAPTER 6C11-4 ADMINISTRATIVE AFFAIRS 6C11-4.001 New College of Florida Vehicle Registration, Parking and Traffic Regulations 6C11-4.002 Student Registration (Repealed) 6C11-4.003 Tuition, Fee Schedule and Percentage of Costs (Repealed) 6C11-4.004 Waiver of Tuition and Fees (Repealed) 6C11-4.001 New College of Florida Vehicle Registration, Parking and Traffic Regulations. (1) Driving and Parking on Campus. (a) Authorization: New College of Florida and the University of South Florida Sarasota/Manatee both utilize the New College of Florida campus and share parking for their respective students, employees and visitors. By agreement, the New College of Florida University Police are responsible for enforcing parking and traffic regulations on the shared campus and USF Sarasota/Manatee is responsible for vehicle registration and administration of traffic and parking citation, payment, and appeals. New College of Florida strives to provide adequate parking for its employees, students and visitors. The College, in its attempt to provide a sufficient number of parking spaces for the campus community, must charge fees for use of parking spaces in order to pay for the operation and maintenance of campus parking facilities. Due to the size of the staff and student bodies, the College does not guarantee parking to all students and staff paying for spaces. For those community members parking on campus, the College provides for, but does not guarantee, the safety and security of vehicles, property and persons within the College parking facilities. All persons of the College community holding a valid operators license are privileged to use properly registered motor vehicles, motor scooters, bicycles and other mechanical conveyances on the campus of the New College of Florida in accordance with the terms of these regulations. (b) Enforcement:

1. University Police are authorized to directly and immediately enforce these regulations on the College campus and to make arrests and issue moving traffic citations on campus and off campus in cases where the offenses occur on campus.
2. University Police, Parking Patrol Officers, Security Officers, or specially designated personnel are authorized to issue parking citations for parking and registration violations in accordance with these regulations 24 hours a day. (c) Brochure: Parking and Transportation Services’ brochure “2003-2004 Parking at the New College of Florida/USF Sarasota/Manatee” (“Parking Brochure”) is incorporated into this rule by reference, and may be obtained at the USF Sarasota/Manatee Business Office, First Floor, “D” Building, 5700 North Tamiami Trail, Sarasota, Florida 34243. (2) Definitions. (a) Disabled Parking: Specifically designated parking for anyone legally qualified to use disabled parking. (b) Holidays: Official State of Florida holidays only. Academic breaks and weekends are not holidays. (c) Licensee: A person or entity that is present on the grounds of the New College of Florida because they have entered into an agreement with the College for use of the College’s facilities. (d) Loading/Unloading Zones: Zones specifically designated for vehicles making deliveries and pick-ups. (e) Parking: Stopping a vehicle on the side of the road, on the road, or off the road when not required to do so by law or regulation. The parked condition is not altered by occupancy of the vehicle, leaving the vehicle’s motor running, or engaging the vehicle’s flashing hazard light. (f) PATS: University of South Florida Parking and Transportation Services. (g) Permit: A distinctive adhesive decal or hangtag issued by PATS. (h) Registered Vehicle: Any vehicle that is registered with PATS by filing an application that provides the necessary vehicle/owner driver identification information and paying the appropriate fee. These applications listed below and incorporated by reference herein, are available at USF Sarasota/Manatee Business Office, First Floor, “D” Building, 5700 North Tamiami Trail, Sarasota, Florida 34243.
3. New College Student Vehicle Information (Rev. 6/2001).
4. NCF Parking & Transportation Services Staff Vehicle Information (Rev. 6/2001).
5. USF Parking & Transportation Services Reserved Parking Request (Rev. 6/2001).
6. USF Parking & Transportation Services Vendor/Contractor Information (Rev. 7/1999). (i) Reserved Space: Individually marked space reserved for the specified user. (j) Service Drive: Those areas of campus that provide access for delivery service and emergency vehicles only. (k) Staff: The term Staff includes faculty, adjuncts, administrative and professional, USPS employees, full-time, part-time and OPS employees (non-student), those students who work for the College thirty hours or more a week during a complete semester or complete term and licensees of the College. (l) Student: For the purpose of these regulations, the term Student includes all persons, other than Staff, as defined above, enrolled with the College regardless of whether they are attending classes. (m) Temporary Permit: A permit issued by PATS or other authorized person for visitors, persons temporarily incapacitated, non-enrolled students, persons on special College assignment and persons temporarily using another vehicle. (n) Timed Spaces: Parking spaces specifically designated for vehicles making short term stops of no greater than the time posted for the space. (o) Vendor/Contractor: Any person/company that has entered into a contract with the College to provide a service, regardless of the length of the contract, to the College. (p) Visitor: Any person who is not a member of the College community (student, staff, faculty, vendor/contractor or licensee) on the New College of Florida campus. (q) Volunteer: Any person who provides volunteer services and receives no compensation from the College for those services. (r) Retired: Faculty and staff who have retired from the College and are not currently employed by the College. (3) Registration Regulations. (a) Vehicles used on campus by staff and enrolled students, regardless of number of hours or days, night or day, full time or part time, must be registered and must bare a valid college permit. (b) Vehicles may be registered during business hours Monday through Friday, at PATS, USF Sarasota/Manatee Business Office, First Floor, “D” Building, 5700 North Tamiami Trail, Sarasota, Florida 34243. (c) Upon requests by PATS, the person registering a vehicle must present a valid College faculty, staff, or student ID card, or a letter from employer, which justifies the type of permit requested. Resident students must present a copy of their housing contract or check-in sheet. Disabled registrants must present a copy of their disabled registration. All registrants are responsible for providing PATS with a current address and keeping all information about vehicle ownership updated. (d) All vehicles used on campus must be registered prior to parking in any non-visitor spaces on campus. (e) There is no grace period for registration of vehicles and acquisition of College permits. New and returning employees may obtain a temporary permit for fourteen (14) calendar days from the start date of their employment. Proof of employment status is required. (f) Upon establishment by PATS, reserved spaces may be purchased for a yearly fee. Requests for spaces must bear the concurrence of the President of New College and attest to the fact that the space is needed based upon the registrant’s work requirements. These spaces are not transferable and cannot be sold to another individual in the event the registrant of the reserved space leaves the College. Reserved parking locations may be established by PATS to allow improved parking efficiencies. (g) Commercial representatives in commercial vehicles using marked delivery trucks, telephone and power service vehicles, limousine service automobiles, taxis and buses making brief stops in the appropriate spaces or zones at one or more points on campus are not required to pay a parking fee or display a permit unless the vehicles will be parked in which case the vehicles shall utilize designated loading/unloading zones for a period of no more than thirty (30) minutes. (h) Permit regulations:
7. When the vehicle is parked, hangtags must be hung from the rearview mirror bracket with the registration number plainly visible through the front window of the vehicle. Note: Having tinted windows, or using a sunscreen or a car cover does not preclude the necessity of ensuring the hangtag is plainly visible.
8. Hangtags may not be transferred from registrant to another vehicle operator who would otherwise be required to register their vehicle.
9. Hangtags are transferable to any vehicle owned by the registrant.
10. Adhesive decals are only issued to those registrants with convertibles or other open vehicles. The decal must be permanently affixed to the left rear bumper and/or the left side rear windshield of the vehicle (outside only). Improper display of decal may result in a citation being issued and a fine being charged.
11. Adhesive decals for all two-wheeled vehicles must be displayed on the rear fender of the vehicle unless otherwise approved by PATS.
12. College permits may not be reproduced, altered, or transferred by anyone other than PATS.
13. The person who owns or registers a vehicle is responsible for assuring that the vehicle, regardless of who drives it, is parked in conformance with the rules and regulations and for knowing when the issued permit expires.
14. All citations issued to a permit will be that registrant’s responsibility regardless of which vehicle the permit is on at the time of the infraction, unless a lost/stolen affidavit form regarding that permit has previously been submitted to PATS. The USF Parking & Transportation Services Request for Replacement or Exchange of Parking Permit form (Rev. 10/99), incorporated by reference herein, may be obtained by writing to PATS, USF Sarasota/Manatee Business Office, First Floor, “D” Building, 5700 North Tamiami Trail, Sarasota, Florida 34243.
15. Any vehicle parked on campus is parked at the risk of the operator. Permits declared lost or stolen will immediately become invalid. An affidavit must be completed for lost or stolen permits or in the event that the permit was sold with the car. If recovered, the permit will be reclaimed by the PATS and destroyed. Any vehicle bearing a lost/stolen permit is subject to immediate tow, even if the person who has reported the permit as lost/stolen owns the vehicle bearing the permit.
16. All College staff, students and visitors who own, register, and have more than one vehicle on campus at the same time are required to have a valid permit displayed on each vehicle. (4) Vehicle Registration Fees. (a) Payroll Deduction: Those persons employed as faculty, A&P, or USPS may pay for their permits through payroll deduction. Those employees not considered permanent employees, i.e., OPS, teaching assistants, visiting and adjunct professors, etc. are not eligible to use payroll deduction. Payroll deduction cannot be used between March 31 and July 31. (b) Refunds: No full refunds are issued for permits, including replacement permits, unless the refund is requested within 14 calendar days of the initial date of validity of the permit. Refund requests must be submitted to PATS, along with the receipt as proof of purchase. Refund requests received after 14 calendar days of the initial date of validity of the permit are pro-rated. (c) Permits for change of status, non-resident to resident, resident to non-resident, student to staff, or hangtag to adhesive, are issued free of charge upon presentation of the old permit and proof of status change. (d) Coins are not accepted for payment of registration or citations unless the coins are properly rolled in bank wrappers and identified with payee’s name, and student ID number or Driver’s License number. (5) Parking Regulations. (a) The absence of “No Parking” signs or curb markings does not mean that parking is allowed. Parking is permitted only within marked spaces. (b) Parking on or over a marker line is prohibited. Vehicles parked parallel to a curb shall be within one foot of the curb and inside parking markers. (c) Vehicles shall not be parked facing traffic in those lots with angled parking. For those lots with straight in parking (90 degree), a vehicle may also be parked with the rear of the vehicle towards the closed end of the parking space. (d) Where parallel parking is permitted, vehicles must be parked facing with the flow of traffic. (e) Vehicles shall not be parked in such a manner as to obstruct vehicular/pedestrian traffic, wheelchair ramps, to interfere with normal College operational activities or to create a hazard. (f) Double parking is prohibited at all times. (g) Parking on grass, sidewalks, crosswalks, service drives, loading zones, truck spaces, or on streets, except where specifically marked for parking, is prohibited. (h) Major repairs to non-College owned vehicles shall not be performed on campus. (i) Unauthorized parking in Reserved spaces is prohibited. (j) A vehicle parked and remaining at the same unloading zone or timed space will not receive more than two tickets for overtime violations in the same calendar day. (k) Campus map and parking lot signs indicate where staff, resident, and non-resident students shall park according to the type of permit displayed on the vehicle. Vehicles may only be parked in the appropriate lots and spaces. (l) The College reserves the right to establish some lots as joint-use lots to accommodate two or more categories of registered vehicles, i.e., commuter, staff. This will be accomplished with proper signage and announcement of the designation. (m) All loading/unloading zones have a 30-minute time limit. (n) Only authorized vehicles may be parked in disabled spaces. (o) Oversized vehicles such as trucks, trailers, motor homes, or any vehicle that occupies more than one standard car space or extends beyond the space shall be parked in an area designated by PATS. The maximum allowance time for parking in this manner is seven (7) calendar days. (p) Vehicles may not be used as overnight domiciles, except under emergency conditions and only with the prior approval of PATS. (q) Special events and maintenance: PATS has authority to close streets, lots and parking spaces to facilitate College special events, and to perform necessary maintenance. Contact PATS when planning a special event at the College to receive proper parking permits and assignments. No department has the authority to close any lots prior to 5:00 p.m. without first seeking permission from PATS. (6) Visitor/Temporary Parking Permits. (a) A person who is currently registered with PATS and temporarily not in possession of his/her permit must obtain a temporary parking permit before parking on campus. (b) On request to PATS, permits may be issued to park out of assigned areas for extraordinary reasons (such as, temporary incapacitation or for security reasons). (c) Students, faculty, or staff sponsoring or co-sponsoring an event on campus shall request temporary parking permits at least two weeks in advance from PATS for the event participants. (d) Visitors must obtain daily permits from the PATS, USF Sarasota/Manatee Business Office, First Floor, “D” Building, 5700 North Tamiami Trail, Sarasota, Florida 34243. (7) Disabled Parking. (a) Any staff member or student with a physical disability (temporary or permanent) which impedes walking may apply with authorized documentation, to PATS for a special disabled parking permit. (b) Wheelchair-bound registrants are entitled to a special disabled parking space. (c) All spaces designated for the disabled are reserved twenty-four (24) hours a day. (d) Holders of special disabled spaces are required to advise PATS when assigned special disabled spaces are no longer required. (8) Traffic Regulations. (a) Traffic rules, regulations and directive signs governing the use of motor vehicles are in effect 24 hours a day, all year long. Inclement weather does not bar their enforcement. (b) Motorists shall yield the right-of-way to pedestrians within a crosswalk. (c) The campus speed limit is 10 m.p.h. unless otherwise posted. Speed limit in parking lots is 10 m.p.h. (d) It is unlawful to drive in the opposite direction of the normal flow of traffic. (e) It is unlawful to remove, alter, or change any traffic control device, sign, barricade, or traffic cone. It is also unlawful to drive around barricades, traffic cones in the roadway, or parking lots that are closed by PATS. (f) All Florida Traffic Laws are enforceable on campus. (9) Regulations Governing Scooters, Motorcycles, Bicycles and Mopeds. (a) Drivers of scooters, motorcycles, bicycles and mopeds are responsible for observing the same traffic regulations as those governing vehicles. (b) Drivers may not drive, ride or park scooters, mopeds, or motorcycles on grass, sidewalks or in the confines of a building. (c) It is unlawful for more than one person to ride on a vehicle at the same time, unless the vehicle is designed for and equipped with a seat for each person. (d) Drivers may not park two-wheeled motorized vehicles in an automobile space. Drivers shall use designated motorcycle spaces. (e) Holders of motorcycle or bicycle permits are entitled to a maximum of five (5) days, annually, of temporary parking permits for four-wheeled vehicles. (f) All two-wheeled motor vehicles must be registered with PATS. (g) Motorcycles cannot display automobile permits at any time; therefore, registered owners of four-wheeled vehicles who have motorcycles, are required to register and purchase permits for each vehicle or motorcycle they wish to park on campus. (h) University Police will ticket bicyclists for Moving Violations on streets or sidewalks. Bicycle Regulations are outlined in section 316.2065, F.S. (i) A person propelling a bicycle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, but the cyclist shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. (10) Towing/Immobilizing of Vehicles. (a) Vehicles are subject to being immobilized by a mechanical boot or towed away at the operator’s expense under any of the following conditions:
17. Those listed in the Parking Brochure incorporated herein in paragraph 6C11-4.001(1)(c), F.A.C.
18. Unauthorized parking in reserved or disabled spaces.
19. Parking without a valid permit.
20. Abandoning a vehicle (disabled or otherwise) for three (3) consecutive days or more (disabled or abandoned vehicles must be attended to promptly with immediate notification made to PATS between 8:00 a.m. and 5:00 p.m. and to the University Police after 5:00 p.m. on weekdays and on weekends and holidays).
21. Parking in such a way as to interfere with College operational activities. (b) Vehicles that have been immobilized by a mechanical boot are towed at the owner’s expense. The owner is required to pay for the outstanding citations, and the immobilization fee and applicable towing charges prior to claiming their vehicle. The fact that a previously immobilized vehicle has been removed from the area without authorization from PATS shall be prima facie evidence that the registered owner has tampered with the immobilized vehicle. Owners of immobilized vehicles may make restitution during PATS’ office hours at PATS, USF Sarasota/Manatee Business Office, First Floor, “D” Building, 5700 North Tamiami Trail, Sarasota, Florida 34243. Such payments will not be accepted after hours or through the weekend/holidays, so vehicles will remain immobilized until restitution is made on one of the next business days. (c) A signed release slip must be obtained from PATS before owner’s towed vehicle may be reclaimed from the towing company. The release slip will be issued after vehicle registration fees and outstanding citation fees are paid at PATS. In addition, the owner or operator of the towed vehicle must provide proper identification to the towing company and pay the towing charges in cash to the towing company before reclaiming the vehicle from the towing company. (11) Violations, Penalties and Fines. (a) Moving violations will be referred to the City of Sarasota by PATS. (b) Operators of vehicles are subject to be fined in accordance with the schedule of violation charges as provided in the Parking Brochure incorporated herein in paragraph 6C11-4.001(1)(c), F.A.C. (c) In addition, permission to operate a vehicle on campus may be revoked for a period up to twelve (12) months and the operator so notified by PATS whenever:
22. The person falsifies or misrepresents information on any PATS’ documents.
23. The person lends his/her vehicle to another person when the latter is not entitled to driving privileges.
24. The person required to register a vehicle does not respond to citations.
25. The person demonstrates actions that show a willful disregard for public safety or property, or engages in other types of disruptive behavior with another member of the College community.
26. The person owes a delinquent debt to the College. (d) Any violation not cleared at the end of twenty-one (21) days shall be referred to the Division of Purchasing and Financial Services for collection. Outstanding student accounts may also result in student records and registration being placed on hold until the debt is settled. (12) Citation – Payment and Appeal Process. Violation Payment Procedure: (a) Unless otherwise specified in these rules, all persons who are cited for non-moving violations may make payment to the PATS in person, mail payment in the envelope provided, or place payment in envelope and deposit in the drop box at the PATS. If payment is mailed or deposited in the drop box, payment shall not be made using cash. (b) Appeal Process:
27. Only those persons or departments responsible for incurring the citation or the registrant of the vehicle cited may appeal to PATS or the Parking Citation Appeal Committee.
28. Any person or department who wishes to appeal a citation shall do so within fourteen (14) calendar days from the date of issuance on the citation. (Note: Warning citations may not be appealed.) Appeals may be submitted in writing, in person, or via the Internet at the Website published in the Parking Brochure. The USF Parking & Transportation Services Parking Citation Appeal form (Rev. 10/99), incorporated by reference herein, is available at PATS, USF Sarasota/Manatee Business Office, First Floor, “D” Building, 5700 North Tamiami Trail, Sarasota, Florida 34243. A copy may also be obtained by calling (941)359-4203. The person appealing the decision must explain the circumstances existing at the time of the citation in the appeal for review of the citation.
29. If an appeal is not submitted within fourteen (14) calendar days from the date the citation was issued, the right to appeal is forfeited.
30. The written appeal will be reviewed by the Appeals Mediator/Staff, adjudicated based on the current PATS Regulations and a letter of decision will be issued.
31. If the person or department is dissatisfied with the decision of the Appeals Mediator/Staff, they may appeal the Appeals Mediator/Staff's decision to the Parking Citation Appeal Committee. Such appeals must be requested in one of the following ways: in writing, by appearing in person or by having the original appeal forwarded to the Committee. Such appeal requests must be made within fourteen (14) calendar days from the date of the Appeals Mediator/Staff’s letter of decision. The Parking Citation Appeal Committee will review the matter and may excuse or uphold the citation, but the Committee may not contradict the prevailing parking and registration regulations. The Parking Citation Appeal Committee is the final appeal authority. Rulemaking Authority 1006.66(2) FS. Law Implemented 1006.66 FS. History–New 1-28-04. 6C11-4.002 Student Registration. Rulemaking Authority 1001.74 FS. Law Implemented 1001.74, 1010.03 FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-4.003 Tuition, Fee Schedule and Percentage of Costs. Rulemaking Authority 1001.74(2), (4), (41), 1006.66, 1009.24 FS. Law Implemented 1009.24 FS., General Appropriations Act, 2003-04, Conference Committee Report on General Appropriations Act, 2003. History–New 4-13-03, Amended 2-9-04, 11-25-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-4.004 Waiver of Tuition and Fees. Rulemaking Authority 1001.74(2), (4), (41) FS. Law Implemented 1001.74(2), (4), (41) FS. History–New 4-13-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C11-5 FINANCE AND PLANNING

Fla. Admin. Code R. 6C11-5 FINANCE AND PLANNING

CHAPTER 6C11-5 FINANCE AND PLANNING 6C11-5.001 Allocation of Information Technology Resources (Repealed) 6C11-5.002 Prompt Payment and Payment Scheduling (Repealed) 6C11-5.003 Purchasing Rule (Repealed) 6C11-5.004 New College of Florida; Direct Support Organizations 6C11-5.001 Allocation of Information Technology Resources. Rulemaking Authority 1001.74(4), (40) FS. Law Implemented 1001.74(12) FS. History–New 9-29-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-5.002 Prompt Payment and Payment Scheduling. Rulemaking Authority 1001.74(4) FS. Law Implemented 218.73 FS. History–New 9-29-04, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C11-5.003 Purchasing Rule. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1010.04(2) FS. History–New 9-29-04, Repealed by Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C11-5.004 New College of Florida; Direct Support Organizations. (1) The President of the College may recommend to the College Board of Trustees that an organization meeting the requirements of section 1004.28(1)(a), F.S., be designated a New College of Florida Direct Support Organization (“DSO”). Upon approval by the Board of Trustees, a DSO shall be considered to be certified and authorized to use the property, facilities and personal services of the College. (2) In order to be considered for certification as a DSO, an organization must fulfill the requirements of section 1004.28, F.S., including the following: (a) The DSO shall be incorporated in the state of Florida as a not-for-profit corporation under the provisions of chapter 617, F.S., and approved by the Department of State. (b) The DSO shall be organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of a state university in Florida or for the benefit of a research and development park or research and development authority affiliated with a state university and organized under part V of chapter 159, F.S. (c) The DSO shall provide equal employment opportunities to all persons regardless of race, color, religion, gender, age or national origin. (d) The DSO shall not, directly or indirectly, give any gift to a political committee or committee of continuous existence as defined in section 106.011, F.S., for any purpose other than those certified by the majority roll call vote of the DSO’s governing board at a regularly scheduled meeting as being directly related to the educational mission of the College. (3) The Director or Chief Operating Officer of the DSO shall report to the College President or designee. (4) The DSO shall submit an annual budget which has been approved by its governing board to the President of the College or the President’s designee for review. (5) Significant changes in projects funded, expenditures, or income projected in the annual budget must be reported to the College Board of Trustees. (6) The DSO shall cause a financial audit of its accounts and records to be conducted by an independent certified public accountant after the close of each fiscal year. The audit report shall be submitted to the College Board of Trustees or designee, the Board of Governors, and the Auditor General for review. The College Board of Trustees or designee, the Board of Governors, the Auditor General and the Office of Program and Policy Analysis and Governmental Accountability may require and receive any records relative to the operation of the DSO from the DSO or its independent auditors. (a) Audits shall be conducted pursuant to section 1004.28(5), F.S., and in accordance with the rules adopted by the Auditor General pursuant to section 11.45(8), F.S., and College rules and regulations. (b) The President of the College shall submit the annual audit report to the Auditor General and to the Florida Board of Governors no later than nine (9) months after the close of the DSO’s fiscal year. (7) The DSO shall submit its federal Internal Revenue Service application for Recognition from Exemption form (Form 1023) and its federal Internal Revenue Service Return of Organization Exempt from Income Tax form (Form 990) to the College Board of Trustees or designee. (8) The President of the College may recommend to the Board of Trustees that an organization be decertified as a DSO if the President determines that the organization is no longer serving the best interest of the College. The recommendation for decertification shall include a plan for disposition of the DSO’s assets and liabilities. (9) Notwithstanding the foregoing, this rule shall not be construed so as to impair any rights that may have vested in New College Foundation, Inc., as successor to New College, Inc. under that Merger Agreement dated December 9, 1974 or by virtue of any reliance thereupon by New College, Inc. or New College Foundation, Inc. Rulemaking Authority 1004.28(1)(a) FS Law Implemented 1004.28(1)(a) FS. History–New 8-11-11.

Chapter 6C11-6 STUDENT AFFAIRS

Fla. Admin. Code R. 6C11-6 STUDENT AFFAIRS

CHAPTER 6C11-6 STUDENT AFFAIRS 6C11-6.001 Student Code of Conduct (Repealed) 6C11-6.002 Student Financial Aid (Repealed) 6C11-6.003 Independent Student Publications (Repealed) 6C11-6.001 Student Code of Conduct. Rulemaking Authority 1001.74(4), (10)(e), 1006.63, 1006.60 FS. Law Implemented 1001.74(10)(e), 1004.26, 1006.60, 1006.61, 1006.62, 1006.63 FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-6.002 Student Financial Aid. Rulemaking Authority 1001.74(2), (4), (41) FS. Law Implemented 1001.74(2), (4), (41), 1009.42(2) FS. History–New 4-13-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-6.003 Independent Student Publications. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(2) FS. History–New 9-29-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C11-8 PERSONNEL MATTERS

Fla. Admin. Code R. 6C11-8 PERSONNEL MATTERS

CHAPTER 6C11-8 PERSONNEL MATTERS 6C11-8.001 Purpose (Repealed) 6C11-8.002 Conflict of Interest (Repealed) 6C11-8.003 Employment of Relatives (Repealed) 6C11-8.004 Seeking or Holding Elected Public Office (Repealed) 6C11-8.005 Outside Activity (Repealed) 6C11-8.006 Misconduct (Repealed) 6C11-8.007 Employee Selection and Appointment (Repealed) 6C11-8.008 Grievance Procedure (Repealed) 6C11-8.009 Discipline (Repealed) 6C11-8.010 Non-Reappointment (Repealed) 6C11-8.011 Inventions and Works (Repealed) 6C11-8.012 Employee Recognition Program (Repealed) 6C11-8.013 University Support Personnel Staff (USPS) Personnel Files 6C11-8.014 Disciplinary Action – (Non-Unit) University Support Personnel Staff (USPS) (Repealed) 6C11-8.015 Grievances – (Non-Unit) University Support Personnel Staff (USPS) (Repealed) 6C11-8.016 Limited-Access Personnel Records 6C11-8.017 New College of Florida; Appointment, Employment, and Removal of University Police 6C11-8.001 Purpose. Rulemaking Authority 1001.74(19) FS. Law Implemented 1001.74(19) FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.002 Conflict of Interest. Rulemaking Authority 1001.74(19) FS. Law Implemented 112.313, 112.3145, 1001.74(19) FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.003 Employment of Relatives. Rulemaking Authority 1001.74(19) FS. Law Implemented 1001.74(19) FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.004 Seeking or Holding Elected Public Office. Rulemaking Authority 1001.74(19) FS. Law Implemented 99.012(7), 104.31, 1001.74(19) FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.005 Outside Activity. Rulemaking Authority 1001.74(19) FS. Law Implemented 112.313, 112.3145, 1001.74(19) FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.006 Misconduct. Rulemaking Authority 1001.74(19), 1012.92(1) FS. Law Implemented 1012.92(1), (2), (3) FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.007 Employee Selection and Appointment. Rulemaking Authority 1001.74(19) FS. Law Implemented 216.311, 1001.74 (19) FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.008 Grievance Procedure. Rulemaking Authority 1001.74(19) FS. Law Implemented 1001.74(19) FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.009 Discipline. Rulemaking Authority 1001.74(19), 1012.92 FS. Law Implemented 1001.74(19), 1012.92 FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.010 Non-Reappointment. Rulemaking Authority 1001.74, 1012.92 FS. Law Implemented 1001.74, 1012.92 FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.011 Inventions and Works. Rulemaking Authority 1001.74 FS. Law Implemented 1001.74(19) FS. History–New 1-28-04, Repealed by Section 19, Chapter 2011-177, Laws of Florida. 6C11-8.012 Employee Recognition Program. Rulemaking Authority 1001.74(19) FS. Law Implemented 1001.74(19) FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.013 University Support Personnel Staff (USPS) Personnel Files. (1) Applicability. This rule applies to all University Support Personnel Staff employees; provided, however, that its application is subject to the terms and conditions of any existing applicable collective bargaining agreements in the case of University Support Personnel Staff employees who are members of a collective bargaining unit and are represented by a collective bargaining agent. (2) Contents of Files – Normally, a personnel file would contain, but is not limited to, the following: (a) Information gathered as part of employment procedure, including applications, letters of reference, letters of appointment, acceptance of appointment, contracts, employment test results, loyalty oath, approvals of special hiring rates, substitutions or training and experience. (b) Information required to substantiate salary transactions, including appointment papers, contracts, salary adjustments and differentials. (c) Performance evaluations, including performance appraisal forms, reprimands, letters of dismissal, suspension, reduction in pay, layoff, request and approvals to take appealable disciplinary actions, letters of grievance, responses to letters of grievance or appeal, findings, recommendations and results of grievances or appeals. (d) Medical records which address the employee’s ability to do the job. (3) Access to Files. (a) Individuals Wishing to Review Their Personnel Files – Employees wishing to review their files may do so during normal business hours. Files shall be reviewed in the presence of a representative of the Personnel Office who will answer questions or offer other assistance as necessary. Any employees who are unable to review their files during the time period indicated should contact the Director of Personnel and every effort will be made to make special arrangements to meet the employee’s request. (b) Access by College Officials – Personnel files shall be open to officials of the College who are responsible for the supervision of the employee or who are considering an employee for employment or promotion, and by officials and employees of the College in the performance of their official duties, if such duties reasonably require their having access to the files. Files should be reviewed in the presence of a representative of the Personnel Office who will answer questions or offer other assistance as necessary. (c) Access by Others – Access to the personnel files of College employees by persons other than those covered above shall be governed by the Florida Public Records Law, Chapter 119 and Section 240.253, F.S. Others wishing to review the files of College employees may do so during normal business hours. Copies of any document or file will be provided in accordance with the law and any material not covered by the public records law will be removed prior to inspection or copying unless otherwise approved for same. The Director of Personnel shall have the authority to establish additional requirements as is administratively necessary to carry out this policy and to insure the orderly transaction of College business. Files shall be reviewed in the presence of a representative of the Personnel Office who will answer questions or offer other assistance as necessary. (d) A log of who reviews the file and the date reviewed will be maintained in each personnel file. (4) Inclusion of Materials in Personnel Files. (a) The majority of the material found in a personnel file enters that file through the normal course of activities, including the original employment procedure and salary transactions procedures. Other information may enter an employee’s file by being placed there by College officials in the course of carrying out their responsibilities. Since all employees have a right to know what is being placed in their files, items of a non-routine nature shall require either that the employee has acknowledged the contents of the material being placed in the file by signing the material which is to be placed in the file, or the document(s) will show that the employee was given a copy (through the appropriate indication at the end of the document which is being placed in the file). In either case, the document should clearly indicate that it is to be placed in the employee’s file. (b) Employees should have the right to place information or documentation into their personnel files by forwarding the information to the Director of Personnel for that purpose. Examples of the types of information employees may place in their files are updating of education or training and clarification or rebuttal of information placed in their files by College officials. (c) Items received by the Personnel Office will be reviewed for compliance with this rule and for appropriateness and shall be placed in the file or returned to the sender on that basis. Rulemaking Authority 1012.91 FS. Law Implemented 119.07(1)(a), (2)(a), 1012.91 FS. History–New 1-28-04. 6C11-8.014 Disciplinary Action – (Non-Unit) University Support Personnel Staff (USPS). Rulemaking Authority 1001.74(19), 1012.92 FS. Law Implemented 1001.74(19), 1012.92 FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.015 Grievances – (Non-Unit) University Support Personnel Staff (USPS). Rulemaking Authority 1001.74(19) FS. Law Implemented 1001.74(19) FS. History–New 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C11-8.016 Limited-Access Personnel Records. (1) Pursuant to Section 1012.91, F.S., except as required for use by the president or president’s designee in the discharge of his or her official responsibilities, the following records are confidential and exempt from the provisions of Section 119.07(1), F.S., and will only be released upon the written authorization of the employee or upon order of a court of competent jurisdiction. (2) Evaluative information created prior to July 1, 1995. Any and all information, wherever maintained, which reflects an evaluation of an employee’s performance and was created prior to July 1, 1995 shall be confidential and shall not be disclosed (except to the evaluated employee, or the College officials whose duties to supervise or evaluate the employee require access to the records). (3) Records containing information reflecting academic evaluations of employee performance. (4) Records maintained for the purposes of an investigation of employee misconduct, but only until: (a) The investigation is no longer active; (b) The College gives written notice to the employee that the investigation is concluded; or (c) A letter of discipline issues. In addition, for sexual harassment investigations, portions of the records which identify the complainant, a witness, or information which could reasonably lead to the identification of either remain confidential after the completion of the investigation. (5) Records maintained for the purposes of any disciplinary proceeding brought against an employee, but only until a final decision is made in the proceeding. (6) Records maintained for the purposes of any grievance proceeding brought by an employee for enforcement of a collective bargaining agreement or contract, but only until a final decision is made in the proceeding. (7) Any records or portions thereof which are otherwise confidential by law. Rulemaking Authority 1001.74(19), 1012.91 FS. Law Implemented 1001.74(19), 1012 FS. History–New 1-28-04. 6C11-8.017 New College of Florida; Appointment, Employment, and Removal of University Police. (1) General. This chapter implements Section 1012.97, F.S. and shall apply to the appointment, employment and removal of New College of Florida University Police officers. These rules are supplemented by College rules found elsewhere in the Florida Administrative Code and applicable collective bargaining agreements. Any person employed or appointed as a university police officer shall meet the minimum standards established by the State of Florida Criminal Justice Standards and Training Commission and Capter 943, F.S. (2) Appointment of University Police Officer. New College of Florida shall appoint university police in accordance with the following standards and procedures. (a) In order to qualify for consideration for appointment or employment by the College as a university police officer, an applicant must:

1. Have graduated high school or passed the General Education Development Test in accordance with Rule 6A-6.021, F.A.C. and attained, at minimum, an Associate’s degree or transcript verification of successful completion of one (1) year of college work from an accredited institution as defined in Section 943.22(1), F.S., or licensed by the Florida Board of Independent Colleges and Universities, or shall have attained a certificate issued by the United States Armed Forces Institute prior to December 31, 1974, showing successful completion of high school equivalency.
2. Demonstrate, based on psychological testing administered by the College, that he or she is psychologically fit to discharge the duties and responsibilities of a university police officer; and
3. Meet the minimum requirements of Criminal Justice Standards and Training Commission and Chapter 943, F.S. (b) Prior to appointment of any university police officer, the College shall conduct a thorough background investigation in accordance with the procedures and standards established in Chapter 11B-27, F.A.C., to determine whether an applicant meets the minimum standards established by the Criminal Justice Standards and Training Commission and Chapter 943, F.S. (c) If an applicant qualifies under subparagraphs (2)(a)1.-2. and meets the minimum standards established by the Criminal Justice Standards and Training Commission and Chapter 943, F.S., he or she shall be eligible for consideration for appointment and employment. If appointed, and before entering into the performance of his or her duties, an applicant shall:
4. Take and subscribe in writing to the oath of office as set forth in New College of Florida University Police Department General Order I-102, dated October 15, 2002, which shall be administered by the Chief of University Police (“Chief”); and,
5. Subscribe in writing to the Law Enforcement Code of Ethics as set forth in New College of Florida University Police Department General Order I-102, dated October 15, 2002. (d) The College shall obtain and approve a bond on each university police officer in the amount of Five Thousand Dollars ($5,000.00) or such other amount as may be determined by the College based on the amount of money or property likely to be in the custody of the officer at any one time. The bond shall be payable to the Governor of the State of Florida or his or her successor in office, and shall be conditioned upon the faithful performance of the duties of such officer. (e) Appointment or Employment of Uncertified Applicants. Applicants who are not currently certified by the Criminal Justice Standards and Training Commission and who are otherwise eligible for consideration for appointment or employment may be temporarily appointed or employed in accordance with Section 943.131, F.S., provided that:
6. The Chief first certifies in writing that:
   1. A critical need to appoint or employ the applicant exists;
   2. The critical need is documented; and,
   3. The applicant is or will be enrolled in the next approved basic recruit training program available in Sarasota or Manatee County; and,
7. The requirements of Section 943.131, F.S., are complied with. (3) Pursuant to Section 943.133(1), F.S., the Chief shall be responsible for the collection, verification, and maintenance of documentation establishing that applicants appointed or employed comply with the requirements of Sections 943.13 and 943.131, F.S., and rules adopted pursuant thereto. Prior to the employment or appointment of any university police officer, the Chief shall execute and maintain a Criminal Justice Standards and Training Commission registration affidavit of compliance form as required by Section 943.133, F.S., attesting to compliance with Section 943.133(1), F.S. (4) Requirements for Continued Employment of University Police Officer. In addition to any other conditions of employment established by rule or policy of the College and applicable to University Support Personnel, or by collective bargaining agreement, each university police officer as a condition of continued employment or appointment as university police officers, shall continue to meet the minimum standards established by the Criminal Justice Standards and Training Commission and Chapter 943, F.S.; shall maintain in good standing his or her certification pursuant to Chapter 943, F.S. and Rule 11B-27.002, F.A.C., and shall receive periodic Criminal Justice Standards and Training Commission-approved continuing training or education pursuant to Chapter 943, F.S. (5) Notification of Employment, Appointment and Separation. The Chief shall be responsible for notifying Criminal Justice Standards and Training Commission of the appointment, employment and separation of university police officers in accordance with Rule 11B-27.002, F.A.C., and for submitting affidavits of separation as required by subsection 11B-27.002(5), F.A.C. (6) Requirements for Certification. The Chief of Police shall be responsible for annually filing with the Criminal Justice Standards and Training Commission, in accordance with subsection 11B-27.002(2), F.A.C., documentation verifying that all officers employed or appointed by the College, have satisfied the requirements of Section 943.13, F.S., within 30 days of hire. (7) Duty to Report, Investigations and Procedures. When the allegation is made or the College has cause to suspect that a university police officer it employs does not comply with Section 943.13(4) or (7), F.S., or subsection 11B-27.0011(4), F.A.C., or if an act of conduct of the officer has resulted in the officer’s arrest, the President or his designee, or the Chief of Police, as appropriate, shall: (a) Conduct and conclude an internal investigation, including an official disposition, pursuant to New College of Florida University Police Department General Order I-109, dated October 15, 2002; (b) Take, in connection with the conduct and disposition of such investigation, such other action, including, but not limited to, the reassignment, suspension, or removal of the officer as is consistent with General Order I-109, College rules found elsewhere in the Florida Administrative Code, and applicable collective bargaining agreements; and, (c) Satisfy the investigative reporting requirements and procedures of Rule 11B-27.0022 and subsection 11B-27.0011(6), F.A.C. Rulemaking Authority 1012.97 FS. Law Implemented 1012.97 FS. History–New 8-11-11.

Division 6N Postsecondary Reciprocal Distance Education Coordinating Council

Chapter 6N-1 Postsecondary Reciprocal Distance Education

Fla. Admin. Code R. 6N-1.001 Definition of Terms

Terms used in these rules are defined in Section 1000.35, F.S.

(1) “Accredited” means holding institutional accreditation by name as a U.S.-based institution from an accreditor recognized by the U.S. Department of Education.

(2) “Council” means the Postsecondary Reciprocal Distance Education Coordinating Council.

(3) “C-RAC guidelines” mean the Interregional Guidelines for the Evaluation of Distance Education adopted by the Council of Regional Accrediting Commissions.

(4) “Distance Education” means instruction offered by any means where the student and faculty member are in separate physical locations, including, but not limited to, online, interactive video, or correspondence courses or programs.

(5) “In-State institution” means an institution of higher education that holds its legal domicile in the State.

(6) “Investigation” means any governmental action taken by an agency under the authority of the State of Florida.

(7) “Member institution” means a postsecondary educational institution approved by the Council to participate in a reciprocity agreement.

(8) “National Council for State Authorization Reciprocity Agreement” or “NC-SARA” means the national organization that administers the State Authorization Reciprocity Agreement.

(9) “State Authorization Reciprocity Agreement” or “SARA” means the agreement specifying procedures and conditions for reciprocal recognition of institutions approved to provide distance education by states that are members of NC-SARA.

(10) “Student” means the recipient or intended recipient of postsecondary educational activities as provided under the State Authorization Reciprocity Agreement.

History

• Rulemaking Authority 1000.35(10) FS. Law Implemented 1000.35(3), (5)-(7) FS. History–New 10-17-17, Amended 5-5-20.

Fla. Admin. Code R. 6N-1.002 Approval of In-State Institutions to Participate in NC-SARA

(1) An in-State institution seeking approval to participate in SARA shall submit an application to the Council on Form 1000, Application and Approval Form for Institutional Participation in SARA (http://www.flrules.org/Gateway/reference.asp?No=Ref-11910), effective May 2020. This form is incorporated by reference and may be obtained without cost from the Council’s website at www.flsara.org or by writing to the Commission for Independent Education at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

(2) The Council shall, upon receipt of an in-State institution’s complete application to participate in NC-SARA, approve the application if:

(a) The applicant is an in-State institution authorized to operate in Florida pursuant to law;

(b) If a private institution, an audited financial statement showing the financial responsibility composite score;

(c) The applicant is accredited;

(d) The institution, if it participates in federal Title IV financial aid, and has a federal financial responsibility rating of at least 1.5; or has a federal financial responsibility composite score of 1.0 to 1.5, and the Council has determined, upon examination of additional financial information, that either the institution has sufficient financial strength for state authorization or that the score between 1.0 and 1.5 results from an accounting error or the misapplication of General Accepted Accounting Standards in calculating the score. This alternative shall only be available for two (2) consecutive years. An institution whose composite score remains below 1.5 for three (3) years or longer shall no longer be eligible for participation in SARA;

(e) The institution, if it does not participate in federal Title IV financial aid, would, in the determination of the Council, have a federal financial responsibility rating of at least 1.5, or, with justification deemed acceptable by the Council, at least 1.0; and,

(f) The institution makes its state authorization-related complaint policies and procedures readily available to students, and informs students that they may appeal state authorization-related complaints to the Council pursuant to Rule 6N-1.006, F.A.C.

(g) For any course or program potentially leading to professional licensure: the institution notifies students and potential students that the course or program meets the licensing requirements of the state where the students or potential students reside; or the institution notifies students and potential students that it cannot confirm whether the course or program meets the licensing requirements of the state where the students or potential students reside, provides students and potential students with current contact information for applicable licensing boards, and advises students and potential students to determine whether the course or program meets state licensing requirements;

(h) The provisional approval criteria in Rule 6N-1.003, F.A.C., do not apply; and,

(i) The applicant has paid the fee required in Rule 6N-1.005, F.A.C.

History

• Rulemaking Authority 1000.35(10) FS. Law Implemented 1000.35(3), (5)-(7) FS. History–New 10-17-17, Amended 5-5-20.

Fla. Admin. Code R. 6N-1.003 Provisional Approval

(1) The Council shall, upon receipt of an in-State institution’s complete application to participate in SARA, approve the institution to participate in SARA on a provisional status if the institution meets the requirements of this rule chapter, but also meets one of the following:

(a) The Institution is on provisional or probationary status or the equivalent with its institutional Accrediting Agency;

(b) The Institution is currently required by the U.S. Department of Education to post a letter of credit or is under a cash management agreement with the U.S. Department of Education (Such institutions must still have a Federal Financial Responsibility Composite Score of 1.0 or above.);

(c) The Institution has a Federal Financial Responsibility Composite Score between 1.0 and 1.5;

(d) The Institution is the subject of a publicly announced investigation by a government agency, and the investigation is related to the institution’s academic quality, financial stability or student consumer protection;

(e) The Institution is the subject of a current investigation by its Home State relating to the institution’s academic quality, financial stability or student consumer protection;

(f) However, a third-party action such as a private lawsuit or news story does not by itself establish a government investigation. If such a third-party event results in an investigation by a government agency as set forth in subsections d and e above, these subsections become applicable. Lawsuits by government entities are considered to have resulted from a governmental investigation and can be the basis of a determination of Provisional Status.

(2) Terms and Length of Provisional Status.

(a) An in-State institution approved to participate in SARA on provisional status shall meet any requirements the Council deems necessary to ensure state authorization standards are met regarding program quality, financial stability, and consumer protection.

(b) The length of the provisional status of an in-State institution approved to participate in SARA shall be determined by the Council and may not exceed one (1) year.

(3) Provisional status of an institution between renewal periods. The Council may place an institution on provisional status at any time if the institution is subject to any conditions set forth in subsection (1) of this rule or if the institution’s financial composite score falls between a 1.0 and 1.5.

(4) Application for Removal of Provisional Status.

(a) If an in-State institution approved to participate in SARA on provisional status no longer meets the provisional status criteria set forth in subsection (1), of this rule, it may submit a written request to the Council for removal of its provisional status designation and approval as a SARA member institution.

(b) The Council shall grant the request if the criteria justifying provisional status no longer apply, and if the institution meets the requirements of Rule 6N-1.002, F.A.C.

(c) If the Council determines that an in-State institution approved to participate in SARA on provisional status no longer meets the requirements of their provisional approval or fails to gain full approval by the deadline established by the Council, the Council shall direct that the institution cease enrollments of students under the reciprocity agreement and:

1. Terminate the institution’s reciprocity agreement, or

2. Allow the institution a grace period of twelve (12) months to come into compliance with the reciprocity agreement standards.

(5) In any 3-year period, the Council may grant an institution only one (1) grace period in which to correct non-compliance under this rule.

History

• Rulemaking Authority 1000.35(10) FS. Law Implemented 1000.35(3), (6)-(7) FS. History–New 10-17-17, Amended 9-18-18, 5-5-20.

Fla. Admin. Code R. 6N-1.004 Annual Renewal of Approval of In-State Institutions to Participate in Florida’s Reciprocity Agreement

(1) An in-State institution shall apply to the Council annually on Form 1001, Renewal Application for Institutional Participation in SARA (http://www.flrules.org/Gateway/reference.asp?No=Ref-11911), effective May 2020. This form is incorporated by reference and may be obtained without cost from the Council’s website at www.flsara.org or by writing to the Commission for Independent Education at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

(2) The Council shall approve the renewal application if the in-State institution continues to meet the requirements set forth in this rule chapter.

(3) If a private institution, audited financial statement shall accompany the renewal application. The financial statement must show the financial responsibility score in accordance with paragraph 6N-1.002(2)(b), F.A.C.

(4) An in-State institution approved to participate in SARA on provisional status may not renew its provisional status.

History

• Rulemaking Authority 1000.35(10) FS. Law Implemented 1000.35(3), (6), (7) FS. History–New 10-17-17, Amended 9-18-18, 5-5-20.

Fla. Admin. Code R. 6N-1.005 Annual Fees for In-State Institutions to Participate in Florida’s Reciprocity Agreement

(1) An in-State institution shall pay annually the application and renewal fees set forth in this rule including fees to the Council and fees to NC-SARA. The institution shall submit a FL-SARA Fee Transmittal Form to the Council on Form 1002 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13307), effective July 2021. This form is incorporated by reference and may be obtained without cost from the Council’s website at www.flsara.org or by writing to the Commission for Independent Education at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400.

(2) Fees to the Council. Fees are based on the student data reported to the Integrated Postsecondary Education Data System (IPEDS) annually. An Institution that does not report to IPEDS is authorized to utilize its most recent actual full-time equivalent enrollment to determine the appropriate fee.

(a) For institutions with fewer than 2,500 full-time equivalent enrollment, the annual, nonrefundable fee due to the Council is $1,250.

(b) For institutions with between 2,500 and 9,999 full-time equivalent enrollment, the annual, nonrefundable fee due to the Council is $2,750.

(c) For institutions with 10,000 or more full-time equivalent enrollment, the annual, nonrefundable fee due to the Council is $4,250.

(3) Fees to NC-SARA. Fees due annually to NC-SARA to participate in SARA are prescribed by the National Reciprocity Agreement. Fees paid by institutions to NC-SARA are independent of and in addition to those due to the Council under subsection (2), of this rule. Failure to pay fees to the NC-SARA shall render the institution’s approval in Florida null and void.

History

• Rulemaking Authority 1000.35(10) FS. Law Implemented 1000.35(3), (5)-(7) FS. History–New 10-17-17, Amended 9-18-18, 7-14-21.

Fla. Admin. Code R. 6N-1.006 Student Complaints Against In-State Member Institutions

(1) A student who receives distance education from an in-State member institution may, after the student has exhausted the institution’s procedures for the resolution of grievances, and within two (2) years of the incident about which the complaint is made, file a written complaint to the Council, which shall include:

(a) Institution name;

(b) Type of student;

(c) Enrollment dates;

(d) Program Credential;

(e) Program Name;

(f) Student Name;

(g) Address;

(h) Phone;

(i) Email;

(j) Description of complaint;

(k) Description of resolution the complainant is seeking; and,

(l) The complaint may be made alleging that the institution:

1. Has engaged in dishonest or fraudulent activity, or

2. Has operated a course or a program contrary to practices set forth in the C-RAC guidelines in a way that has harmed the student.

(2) A student is authorized under this rule to complain that the institution provided false or misleading:

(a) Recruitment or marketing materials;

(b) Job placement data;

(c) Information about tuition, fees, or financial aid;

(d) Information about admission requirements;

(e) Information about the institution’s accreditation;

(f) Information about whether course work meets relevant professional licensing requirements or the requirements of specialized accrediting bodies, or

(g) Information about the transferability of course work to other institutions.

(3) The Council shall send a copy of a complaint received under subsection (2), of this rule, to the institution that is the subject of the complaint.

(4) Within thirty (30) days of the date that the Council sends a copy of a complaint received under subsection (3), of this rule, to an institution, the institution shall provide a written response addressing all of the allegations and the institutions resolution thereof.

(5) Within thirty (30) days of the date the Council reviews the institution’s response under subsection (4), of this rule, or if the Council receives no response under subsection (2), of this rule, the Council shall issue a notice to the institution containing:

(a) The Council’s findings regarding the complaint;

(b) The actions that the institution shall take, if any, to comply with the requirements set forth in this rule; and,

(c) The consequences of failing to take the actions prescribed by the Council, which may include the termination of the institution’s participation in the reciprocity agreement outlined in Rule 6N-1.002, F.A.C.

History

• Rulemaking Authority 1000.35(10) FS. Law Implemented 1000.35(3), (6)-(7) FS. History–New 10-17-17.

Fla. Admin. Code R. 6N-1.007 Termination of an In-State Institution’s Participation in Florida’s Reciprocity Agreement

(1) If the Council finds that an in-State member institution fails to meet the requirements of this rule chapter, the Council may:

(a) Issue a notice of deficiencies to the institution, or

(b) If the institution meets the requirements of Rule 6N-1.003, F.A.C., permit the institution to participate in Florida’s reciprocity agreement on provisional status, subject to the requirements of Rule 6N-1.003, F.A.C.

(2) Within twenty (20) days of receipt of the notice of deficiencies, the institution shall respond in writing to the Council, setting forth the institution’s objections to the Council’s findings.

(3) Within twenty (20) days of review of the institution’s written response to the notice of deficiencies, or if the Council receives no written response, the Council shall issue a decision on whether to terminate the institution’s participation in Florida’s reciprocity agreement.

History

• Rulemaking Authority 1000.35(10) FS. Law Implemented 1000.35(3), (6)-(7) FS. History–New 10-17-17.

Fla. Admin. Code R. 6N-1.008 Appeals

(1) Section 1000.35 F.S. exempts Council decisions from Chapter 120 F.S. Therefore, parties seeking administrative review of proposed agency action by the Council shall follow the rules outlined herein.

(2) The Council shall issue a Notice of Action to institutions for proposed council action to be taken against the institution seeking approval to participate in the State Authorization Reciprocity Agreement “SARA”. The Notice of Action shall state the grounds upon which the Council’s proposed action is based and state that the institution has the right to appeal the proposed council action. The Notice of Action shall be sent to the institution by certified mail, return receipt requested.

(3) The following council actions taken against the institution are appealable:

(a) A denial of an application for initial participation;

(b) A denial of an application for renewal of participation;

(c) A denial of an institution’s claim for reimbursement; or,

(d) A claim against an institution for remittance of a payment;

(4) The institution shall have ten (10) days to appeal the Council action from the date the institution receives the Notice of Action.

(5) A request for appeal shall:

(a) Be in writing;

(b) Include the date the institution received the Notice of Action;

(c) Include the name, address, any email address, any facsimile number, and telephone number of the institution;

(d) Clearly identify the action being appealed;

(e) Include a concise statement of the facts alleged, including the specific facts the institution contends warrant reversal or modification of the Council’s proposed action;

(f) A statement of the specific rules or statutes, if any, the institution contends require reversal or modification of the Council’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes;

(g) Include a statement of the relief sought by the institution;

(h) Include a copy of the Notice of Action issued; and,

(i) State whether a hearing or a review of written documentation is desired. If a hearing is not specifically requested, the appeal shall be by review of written documentation.

(6) The institution can request to review any information upon which the action was based.

(7) The institution may submit additional written documentation for review by the hearing officer either with the request for appeal or within seven (7) days of the date the institution submitted the request for appeal. The Council has seven (7) days from the date the Council received the request for appeal to submit written documentation to the designated hearing officer. Any written documentation received after the seven-day deadline will not be considered for review.

(8) The request for appeal and all written documentation should be submitted to the Council as indicated in the Notice of Action.

(9) If a hearing is requested, it shall be held within fourteen (14) days of the date the Council received the request for appeal, unless otherwise agreed to by both parties. At no time shall the hearing be held prior to the date the hearing officer receives written documentation from both parties. Failure to provide written documentation does not affect the validity of the appeal from a judgment or order. The institution shall be provided with at least five (5) days’ written notice, sent via certified mail, return receipt requested, of the time and place of the hearing.

(a) The institution may represent itself or retain legal counsel. Failure of the institution’s representative to appear at a scheduled hearing shall constitute the waiver of the right to a personal appearance before the hearing officer.

(b) A council attorney shall attend the hearing to respond to the institution’s testimony and written documentation and to answer questions from the hearing officer.

(10) The hearing officer shall be appointed by the Council director and approved by the Council chair and shall:

(a) Be a Department of Education employee; and,

(b) Independent of the original decision-making process that led to the proposed Council action.

(11) The Council shall record the hearing through an audio or video recording device at the Council’s expense.

(12) Within five (5) days after the hearing, or within five (5) days after receipt of written documentation from both parties if no hearing is held, the hearing officer shall issue a Final Determination based on a full review of the information provided by both parties, and on applicable Florida State Board of Education Rules and Florida Statutes. The Final Determination shall be sent to the institution via certified mail, return receipt requested.

(13) The Florida Rules of Civil Procedure will control time computation under this rule.

(14) The actions of the Council remain in effect during the appeal process. During any such appeal the institution’s status as a SARA participating (or non-participating) institution remains unchanged.

(15) The determination made by the Department of Education’s hearing officer is the final administrative determination afforded to the institution.

(16) Any party adversely affected by the determination is entitled to seek judicial review pursuant to Rule 9.110(a)(2) of the Florida Rules of Appellate Procedure, which must be initiated by filing a Notice of Appeal with the Department’s Clerk. A copy shall be provided to the Director of the Council at Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, FL 32399, within thirty (30) days of the date of the determination. A copy of the Notice of Appeal, accompanied by the prescribed filing fee, must be filed with the Clerk of the District Court of Appeal in the district where the institution is located or the First District Court of Appeal at 2000 Drayton Drive, Tallahassee, Florida 32399.

History

• Rulemaking Authority 1000.35(10) FS. Law Implemented 1000.35(3), (6)-(7) FS. History–New 12-22-20.

Division 6A State Board of Education

Chapter 6A-1 FINANCE AND ADMINISTRATION

Fla. Admin. Code R. 6A-1.001 District Financial Records

The superintendent of schools of each school district shall be responsible for keeping adequate records and accounts of all financial transactions in the manner prescribed by the Commissioner in the publication titled “Financial and Program Cost Accounting and Reporting for Florida Schools, 2023, http://www.flrules.org/Gateway/reference.asp?No=Ref-16353,” which is hereby incorporated by reference in this rule. Copies of the publication may be obtained from the Office of Funding and Financial Reporting, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399, at a cost to be established by the Commissioner, but which shall not exceed actual costs.

History

• Rulemaking Authority 1010.01 FS. Law Implemented 1010.01 FS. History–New 9-17-72, Amended 12-5-74, 4-28-77, 8-2-79, 7-21-80, 10-7-81, 8-10-83, 9-27-84, 10-1-85, Formerly 6A-1.01, Amended 11-8-88, 7-30-91, 10-6-92, 10-18-94, 1-26-98, 10-15-01, 12-20-11, 11-13-12, 11-3-13, 11-4-14, 1-7-16, 8-20-17, 11-28-18, 10-24-19, 12-22-20, 11-23-21, 2-20-24.

Fla. Admin. Code R. 6A-1.0011 Data Collection Activities, Instruments, Forms and Instructions

History

• Rulemaking Authority 120.53(1)(b), 229.053(1) FS. Law Implemented 120.53(1)(b), 229.053(1), (2), 229.512(6), (12), (13), 229.551, 229.555, 235.014, 235.41 FS. History–New 2-21-77, Amended 4-28-77, 8-8-77, 3-1-78, 9-6-78, 10-30-78, 4-10-79, 12-11-79, 3-16-80, 5-29-80, 8-16-82, Formerly 6A-1.011, Amended 10-18-94, Repealed 5-19-08.

Fla. Admin. Code R. 6A-1.0012 Minimum Security Measures for Direct Deposit by Electronic Transfer of Funds or Other Medium

(1) A district school board may establish policies to authorize, by electronic or other medium, the receipt, disbursement or transfer of public funds by warrant to, from, or within its official accounts in financial institutions, provided adequate internal control measures are established and maintained. Minimum security measures shall include but are not limited to the following:

(a) Each financial institution shall be specifically authorized by the school board and such financial institution shall specifically agree, in writing, to accept monetary transactions through electronic or other medium.

(b) Each authorizing agreement shall contain the official title of the bank accounts subject to the agreement, each type of transaction approved, such as deposits, disbursements or transfers, each person authorized to initiate transactions, the manual signature of each such authorized person, the manual signature of the school board chairman and the manual signature of the school superintendent.

(c) When funds are properly delivered to a receiving institution, that institution shall agree to become responsible for prompt and diligent processing of the funds.

(d) Written confirmation of all transactions forwarded to financial institutions shall be signed by both the authorized person and the person making the transaction, and shall be included and retained in the official files of the school district.

(e) Written or printed documentation from each financial institution acknowledging such transactions, including but not limited to deposit slips, debit and credit memos, trust receipts, transfer acknowledgments, or cancelled warrants, shall be kept in the official files of the school district. The files must be maintained in a manner which facilitates easy review and validation of transactions.

(2) District school boards, by agreement with individuals and financial institutions, may authorize direct deposit of funds to a payee’s account. Authorization and cancellation from each such payee shall be in writing and on file in the district office. Each authorization shall include but not be limited to the following information:

(a) Name of the individual as shown on official records of the school board, Social Security number, name and manual signature of the payee as shown on his or her bank account.

(b) The date an authorization or cancellation is to be effective within the schedule provided by the school board.

(c) Name, address and federal reserve bank number of the institution designated by the payee to receive deposits.

(d) Written assurance from the designated financial institution it is prepared to and will accept responsibility for funds in the form presented and on the dates authorized.

(e) Documentation of each transaction shall be maintained in the official files of the district in sufficient manner to assure internal control over the transactions.

History

• Rulemaking Authority 1001.02(1), 1011.18 FS. Law Implemented 136.06, 215.85, 1011.18 FS. History–New 12-4-79, Formerly 6A-1.012.

Fla. Admin. Code R. 6A-1.0013 Audits of Direct-Support Organizations

(1) The fiscal year of the Department direct- support organization shall begin on July 1 and end June 30.

(2) Following the close of each fiscal year, the Florida Education Foundation shall provide for an audit of the Department direct-support organization to be conducted by an independent certified public accountant in accordance with the American Institute of Certified Public Accountants auditing standards. The audit report shall include any notations of any failure to comply with requirements of Florida Statutes, State Board Rules, the direct-support organization corporate charter and bylaws, and commentary as to financial management and irregularities. The auditor shall submit a signed, written report to the director and each member of the Florida Education Foundation, the Florida Auditor General and the State Board.

(3) The Department direct-support organization is authorized to use Department property, facilities and personal services as determined annually by the Commissioner to operate the direct-support organization.

(4) The fiscal year of district school board direct-support organizations shall begin on July 1 and shall end June 30.

(5) Following the close of each fiscal year, the board of directors of each school board direct-support organization shall provide for an audit of the school board direct-support organization to be conducted in accordance with the American Institute of Certified Public Accountants auditing standards by an independent certified public accountant or by qualified internal auditing staff employed by the school board. The audit report shall include any notations of any failure to comply with requirements of Florida Statutes, State Board Rules, the direct-support organization corporate charter and bylaws, and commentary as to financial management and irregularities. The auditor shall submit a signed, written report to each member of the board of directors of the direct-support organization, to each member of the school board, and to the superintendent.

History

• Rulemaking Authority 1001.02(1), 1001.24, 1001.453 FS. Law Implemented 1001.24, 1001.453 FS. History–New 6-6-85, Formerly 6A-1.013.

Fla. Admin. Code R. 6A-1.0014 Comprehensive Management Information System

(1) Each school district and the department shall develop and implement an automated information system component which shall be part of, and compatible with, the statewide comprehensive management information system. Each information system component shall contain automated student, staff and finance information systems and shall include procedures for the security, privacy, and retention of automated records. The procedures for the security and privacy of automated student records shall be in accordance with the requirements of 20 U.S.C. 1232g(b)(3), 34 C.F.R. Part 99, and Sections 1002.22, 1002.221, 1002.222, and 1002.225, F.S.

(2) The data elements, procedures and timelines for state reporting, local recordkeeping and statewide records transfer to be implemented by each school district and the department within its automated information system component as prescribed in the publications entitled “FDOE Information Database Requirements: Volume I – Automated Student Information System, 2025-26 (http://flrules.org/Gateway/reference.asp?No=Ref-18810),” “FDOE Information Database Requirements: Volume II – Automated Staff Information System, 2025-26 (http://flrules.org/Gateway/reference.asp?No=Ref-18811),” and “FDOE Information Database Requirements: Volume III – Automated Finance Information System, 1995.” These publications which include the department procedures for the security and privacy of school district student and staff records collected and maintained at the state level, are hereby incorporated by reference and made a part of this rule. Copies of these publications may be obtained from the Bureau of PK-12 Education Information Services, Florida Department of Education, 325 West Gaines Street, Suite 844, Tallahassee, Florida 32399.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.22(3)(a), 1008.385(3), 1008.386(4), 1008.41(2) FS. Law Implemented 1002.22, 1002.221, 1002.222, 1002.225, 1008.385(2), 1008.386, 1008.41(2) FS. History–New 2-19-87, Amended 12-21-87, 12-13-88, 3-25-90, 3-24-91, 3-17-92, 12-23-92, 2-16-94, 3-21-95, 7-3-96, 5-20-97, 10-13-98, 10-18-99, 10-17-00, 5-19-03, 7-20-04, 4-21-05, 3-1-07, 3-24-08, 11-26-08, 12-15-09, 2-1-11, 1-16-12, 3-26-13, 12-23-14, 9-30-15, 10-30-16, 4-30-18, 6-25-19, 7-14-21, 11-23-21, 11-22-22, 1-17-23, 11-21-23, 12-24-24, 12-21-25.

Fla. Admin. Code R. 6A-1.00141 Florida Education Identifier Assignment and Requirements

(1) Purpose. The Florida Education Identifier (FLEID) system provides each student a unique identifier to be used as the primary means of identification in state and local databases. Use of the FLEID improves security of personally identifiable information and reduces potential exposure of Social Security Numbers in data management systems.

(2) Definitions.

(a) “Alias student identifier (Alias ID)” means the ten-character code used to identify the first student identifier assigned to each student in a district. In most cases, the Alias ID is the same as the Student ID.

(b) “Florida Education Identifier (FLEID)” is a 14-digit alphanumeric identifier assigned to students and staff to uniquely identify a person within Florida’s educational data systems. FLEIDs can only be generated by the Department of Education.

(c) “Local student identifier (Local ID)” means the ten-character code used by a school district to uniquely identify a student. This identifier is generally different than the Student ID and Alias ID.

(d) “Primary identifier” means the central identifier for individuals in a database or management system. It is also known as a “primary key.”

(e) “Student identifier (Student ID)” means the ten-character code used to uniquely identify a student prior to the development of the FLEID. Student identifiers are based on a student’s social security number, if one is provided.

(3) School district reporting requirements.

(a) Beginning July 1, 2020, a FLEID must be used as a student’s primary identifier by school districts when reporting information to the department in the comprehensive management information system under Section 1008.385, F.S.

(b) Records containing a student’s social security number, Student ID, and Alias ID will not be accepted by the department’s management information systems after July 1, 2020.

(4) FLEID assignment.

(a) A student record is required to be submitted for FLEID assignment when a student enrolls in a K-12 institution for the first time, or if the student’s enrollment information has been updated or modified since initially submitted.

(b) In order to assign an FLEID to students, school districts must provide the following information to the department:

1. Social security number, if available, or one existing local identifier (student identifier, alias identifier, or local student identifier) if the social security number does not exist;

2. First name;

3. Last name; and

4. Date of birth.

(c) Districts or institutions can log on to the department’s Single Sign-On portal at www.fldoe.org/sso in order to check the status of FLEID assignment and to view or resolve issues with the records provided, including resolving close matches to existing student records.

(5) Each district or institution that submits records for FLEID assignment must provide contact information for staff who will assist the department in resolving issues with FLEID assignment. Updates and modifications to FLEID designated contacts must be sent to the department at FLEIDProject@fldoe.org.

History

• Rulemaking Authority 1001.02(2)(n), 1008.386(2), (3) FS. Law Implemented 1008.386 FS. History‒New 6-16-20.

Fla. Admin. Code R. 6A-1.0015 K-20 Data Warehouse

(1) All education data collected by the Florida Department of Education and the Board of Governors shall be evaluated for inclusion in the K-20 data warehouse. This includes data collected by the Department related to prekindergarten through grade 12 schools, technical centers, and Florida colleges, as well as data collected by the Board of Governors related to state universities.

(2) By July 30 of each year the Department shall review data elements collected from the public education institutions to determine inclusion in the K-20 data warehouse.

(3) K-12 data shall be provided in the same format and within the same timelines as prescribed in Rule 6A-1.0014, F.A.C. Data for the Florida College System shall be provided in the same format as prescribed in the 2011-12 Student Data Base, (http://www.flrules.org/Gateway/reference.asp?No=Ref-01160), 2011-12 Personnel Data Base, (http://www.flrules.org/Gateway/reference.asp?No=Ref-01159), and 2011-12 Facilities/Capital Outlay Data Base (http://www.flrules.org/Gateway/reference.asp?No=Ref-01158), which are hereby incorporated by reference and may be obtained from the Department’s website at http://www.fldoehub.org/CCTCMIS/c/Pages/default.aspx. Data for Workforce Development shall be in the format prescribed in the 2011-12 District WDIS (Workforce Development Information System) Data Base Handbook (http://www.flrules.org/Gateway/reference.asp?No=Ref-01162), which is hereby incorporated by reference and may be obtained from the Department’s website at http://www.fldoehub.org/CCTCMIS/wdis/Pages/WDIS.aspx. Data for the Board of Governors shall be in the format prescribed in the SUDS Data Dictionary, January 2011, which is hereby incorporated by reference and may be obtained from the Board of Governor’s website at https://prod.flbog.net:4445/pls/apex/f?p=112:7:278479711579819.

(4) The standards for determining the required data for the K-20 data warehouse are prescribed in the publication entitled “PK20 Education Data Warehouse, January 2011.” This publication is hereby incorporated by reference and made a part of this rule. Copies of this publication may be obtained from PK-20 Education Data Warehouse, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

History

• Rulemaking Authority 1008.31(4), 1008.41(2) FS. Law Implemented 1008.31, 1008.41 FS. History–New 2-22-11, Amended 6-18-12.

Fla. Admin. Code R. 6A-1.0016 Application for and Issuance and Revocation of Master School Identification (MSID) Numbers

(1) A Master School Identification (MSID) number is a unique number assigned by the Department of Education to a public school as part of the statewide comprehensive management information system for maintaining and reporting education records, enforcing and supporting education accountability, supporting the distribution of funds to school districts and school district financial reports, and assisting the Commissioner of Education in carrying out the duties specified in Sections 1001.10, 1001.11 and 1008.31, F.S.

(2) Application for MSID number.

(a) Applications shall be made on the form entitled, Florida Department of Education Master School Identification (MSID) Application Form, form number MSID01 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03694). This form, effective March 2014 is incorporated by reference and is available online at http://doeweb-prd.doe.state.fl.us/EDS/MasterSchoolID/index.cfm. A hard copy may be obtained by contacting the Division of Accountability, Research and Measurement, Turlington Building, Suite 544, 325 West Gaines Street, Tallahassee, Florida 32399.

(b) The timeframes for submission of a MSID application are as follows:

1. Charter school MSID number applications must be submitted to the Department by the district within thirty (30) calendar days of the approval of the charter school application by the district.

2. Department of Juvenile Justice, adult, hospital/homebound, and virtual facilities may submit MSID number applications to the Department throughout the calendar year.

3. All other applications shall be submitted to the Department no later than June 1 and no earlier than three (3) calendar years prior to the beginning of the school year that the school is scheduled to open.

(c) Applications for a MSID number submitted to the Department one (1) to three (3) calendar years in advance of the school opening shall remain inactive until the district requests activation. A request for activation shall consist of the submission of an updated MSID Application Form, form number MSID01, no later than June 1 prior to the beginning of the school year that the school is scheduled to open.

(d) A MSID number issued to a school prior to the school opening shall remain inactive until the school opens.

(e) An inactive MSID number shall be considered void if the school does not open within three (3) calendar years of the issuance of a MSID number.

(3) Department review of MSID application.

(a) The Department shall notify the district of any missing information and permit the district fifteen (15) calendar days to supplement its application. The Department is authorized to request clarifying information at any time from the district.

(b) The Department shall notify the district superintendent in writing of the approval or denial of an application.

(4) Department standard for assignment of an MSID number. The Department shall assign a MSID number when a district demonstrates that the proposed school is fully functioning and operating as a distinct entity and that assignment of a MSID number will not undermine school accountability. The following criteria are reviewed by the Department to determine whether the standard for assignment of a MSID number has been met:

(a) A school has a principal that is not shared with another school;

(b) At least fifty (50) percent of a school’s administrative and teaching staff are not shared with another public school. School administrative staff means principals, assistant principals, curriculum coordinators and deans;

(c) A school has a separate population of students enrolled in the school;

(d) A school has a separate location and facility not shared with another public school;

(e) A school is not a school within a school as defined in Section 1003.02(4), F.S.;

(f) A new or existing facility is populated by a newly formed student body that is created by more than fifty (50) percent from one or more previous school’s population;

(g) A student body has not relocated from one school facility to another;

(h) A school is not a program within a school such as Advanced Placement (AP), International Baccalaureate (IB), Exceptional Student Education (ESE) or Career Academy as defined in Section 1003.02(4), F.S.;

(i) A charter school is approved and has an executed contract with the district; and,

(j) Any other factors regarding a school’s student population, administrators, faculty, facility or education programs relevant to the standard for the award of a MSID number as set forth above.

(5) Department review of existing MSID numbers.

(a) The Department shall review existing MSID numbers, and when a school no longer meets the criteria set forth in subsection (4) of this rule, the Department shall notify the district superintendent in writing.

(b) Prior to revocation of the number, the district shall be afforded a minimum of thirty (30) calendar days to provide information to the Department to support maintaining the MSID number assigned to the school. This information shall include a completed Florida Department of Education Master School Identification (MSID) Application Form, form number MSID01.

(c) The Department is authorized to request information from school districts in order to conduct the review of MSID numbers, and districts shall comply with written requests from the Department for information within thirty (30) calendar days. The district superintendent may submit a request to the Department for an extension of time. The Department shall grant a request for an extension of time, not to exceed forty-five (45) days, if the request is submitted in writing and received within thirty (30) days of the Department’s original request for information. The Department shall notify the district superintendent in writing of the approval or denial of an extension.

(d) The Department shall review all information a district provides in determining whether a school meets the standard set forth in subsection (4) of this rule.

(e) Where the district has not provided documentation demonstrating that the school meets the criteria set forth in subsection (4) of this rule, the Department shall revoke the school’s MSID number and notify the district superintendent in writing.

(6) District responsibilities.

(a) Any change to the information required in Sections A-F of a MSID application, form number MSID01, requires the district to submit a MSID form with updated information within thirty (30) calendar days.

(b) A district shall submit all correspondences to the Department regarding MSID numbers to the Florida Department of Education, Deputy Commissioner, Division of Accountability, Research and Measurement, Turlington Building, Suite 544, 325 West Gaines Street, Tallahassee, Florida 32399 or askeias@fldoe.org.

History

• Rulemaking Authority 1001.02(2)(n), 1008.385(3) FS. Law Implemented 1008.385(2)(a) FS. History‒New 3-25-14.

Fla. Admin. Code R. 6A-1.0017 School Environmental Safety Incident Reporting (SESIR)

(1) Purpose. The purpose of this rule is to set forth the requirements school districts and charter schools must use to report disruptive or criminal incidents to the Florida Department of Education so that the data can, in turn, be used in required state and federal reports, including EdFacts, the United States Department of Education, Office for Civil Rights Data Collection (required by 20 U.S.C. 3413(c)(1)), the Gun Free Schools Act report (required by 20 U.S.C. 7961(d) and (e)), the Every Student Succeeds Act report cards (required by 20 US.C. 6311(h)(1) and (2)), and state reports on Bullying and Harassment (required by Section 1006.147, F.S.). SESIR data is also used to design and evaluate interventions to provide a safe learning environment. SESIR is not a law enforcement reporting system.

(2) Definitions.

(a) “Allegation” means a claim or assertion that someone has committed a SESIR incident, typically made without proof and prior to an investigation.

(b) “Law enforcement action” means that official action was taken by a School Resource Officer (SRO) or local law enforcement officer in response to a SESIR incident, including but not limited to: an arrest, referral to a civil citation or similar prearrest diversion program authorized by Section 985.12, F.S., or initiation of an involuntary examination authorized by Section 394.463, F.S.

(c) “Locally-defined incident” means an incident that is a violation of a local code of student conduct, but does not meet the definition of any incident reportable to SESIR.

(d) “Rank order level” means a classification of incidents, from Level I to Level IV, that determines which incident must be reported when more than one incident occurs during a single episode. The rank order level of each incident is noted under the incident definitions found in subsection (7) of this rule.

(e) “Related element” means a factor that was present during or contributed to the incident but was not the main offense. All related elements that are applicable are required to be reported with SESIR incidents.

(f) “Reported to law enforcement” means that school district or charter school staff communicated with a School Resource Officer (SRO) or other law enforcement official about an incident. Reporting to law enforcement may not always result in law enforcement action being taken.

(g) “School district” or “district” means a Florida school district, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.). All reporting requirements in this rule also apply to charter schools, pursuant to Section 1002.33(16)(b)10., F.S.

(h) “School personnel” means any person employed at a school, volunteering at a school on a temporary or permanent basis, or a third party that is contracted to provide services for the school.

(i) “Unsubstantiated” means that following an investigation, there is not enough evidence to demonstrate that the alleged incident occurred.

(3) Analysis of incidents.

(a) In order to determine whether an incident must be reported in SESIR, the following criteria must be met:

1. The incident meets one of the SESIR incident definitions listed in subsection (7); and

2. The incident occurred on a K-12 school campus, on school-sponsored transportation, during off-campus school-sponsored activities, or off campus where the incident is accomplished through electronic means, if the incident substantially disrupts the educational process or orderly operation of a school.

(b) SESIR incidents that meet the requirements of paragraph (3)(a) of this rule must be reported regardless of whether:

1.The incident was carried out by a student, a person other than a student, school personnel, or where the person who carried out the incident is unknown;

2.The victim of the incident is a student, a person other than a student, or where the victim is unknown;

3. The incident occurred when school was in session or not. SESIR incidents occur 365 days a year at any time of the day or night;

4. Disciplinary action is taken by the school district;

5. Law enforcement action is taken by an SRO or other law enforcement officer or agency;

6. The offender has the capacity to understand his or her behavior and the inappropriateness of his or her actions. However, where the offender is a student, school districts may take age, development, and disability into account when determining appropriate discipline; or

7. Criminal charges are filed by law enforcement. However, where criminal charges are issued, school districts should review to determine whether the type of incident reported should be modified.

(4) Requirement to report SESIR incidents.

(a) All incidents meeting the requirements of subsection (3) of this rule must be reported by school districts to the Department of Education.

(b) A school district must not report an incident which meets the requirements of subsection (3) of this rule as a locally-defined incident in lieu of reporting the incident to the Department of Education. Districts may only code an incident as a locally-defined incident if it does not meet one of the SESIR incident categories.

(c) SESIR incidents meeting the requirements of paragraph (3)(a) of this rule must be reported regardless of whether law enforcement action is taken or whether a student is disciplined.

(5) General SESIR reporting conventions.

(a) SESIR is an incident-based reporting system, which means that a single incident is reported, even where there are multiple offenders or victims, or multiple incidents that occur within one episode.

1. If there is more than one incident in a single episode, districts are required to report only one incident based upon rank order level, beginning with incidents that are classified as Level I.

2. If there are multiple incidents that have the same rank order level, districts must report the incident that caused the most injury or damage to property.

(b) When reporting a SESIR incident, districts are required to report all related elements as described in subsection (8) of this rule that are present or contribute to a reported incident. A related element must be reported even where it duplicates the incident. For example, when reporting an Alcohol incident, the Alcohol-related element must also be reported.

(c) School districts must report SESIR incidents to the Department during the survey periods and using the elements set forth in Rule 6A-1.0014, F.A.C., Comprehensive Management Information System.

(d) Where an incident involves students from multiple schools or districts, the school or district where the incident occurred is responsible for reporting the incident in SESIR.

(e) Except as provided in subsection (6), allegations that are unsubstantiated must not be reported in SESIR.

(6) Incident specific SESIR reporting conventions.

(a) For incidents of Bullying, Harassment, Sexual Harassment, Threat/Intimidation, and any other incident that is Bullying-Related, districts are required to report the Incident Basis and the Victim Basis, which identifies whether the incident is based upon the person’s race, sex, disability, sexual orientation, or religion.

(b) Allegations of Bullying and Harassment that are not able to be substantiated after investigation must be reported in SESIR as Unsubstantiated Bullying and Unsubstantiated Harassment, respectively, pursuant to Section 1006.147(4)(k), F.S.

(c) Allegations of Sexual Assault or Sexual Battery by school personnel against any victim that are not able to be substantiated after investigation must be reported as Unsubstantiated Sexual Assault or Unsubstantiated Sexual Battery.

(d) For Unsubstantiated Sexual Assault, Unsubstantiated Sexual Battery, Sexual Assault, and Sexual Battery by school personnel, districts are required to report the following:

1. Responsibility: Districts must report whether they determined that a member of school personnel was responsible for the offense, was not responsible for the offense, or whether the determination remains pending. Districts must only report that the determination is pending when the final decision by the district remains unresolved at the end of the reporting period for Survey 5, as set forth in Rule 6A-1.0014, F.A.C.

2. Preliminary Action: Districts must report the action taken prior to any final disciplinary action or prior to termination. Reportable actions are:

a. Duty reassignment, which refers to the changing of placement from one position to another without promotion or demotion.

b. Resignation, which refers to a person formally giving up his job, and no longer being employed by the employer.

c. Retirement, which refers to a person leaving his career permanently.

d. No action taken prior to final disciplinary action or termination.

e. Other, which refers to other preliminary action taken not listed above.

(7) Incident definitions.

(a) Alcohol (Level IV): Possession, sale, purchase, distribution, or use of alcoholic beverages. Use means the person is caught in the act of using, admits to use or is discovered to have used in the course of an investigation. Alcohol incidents cannot be Drug-related.

(b) Aggravated Battery (Level I): A battery where the attacker intentionally or knowingly causes more serious injury as defined in paragraph (8)(g) of this rule, such as: great bodily harm, permanent disability, or permanent disfigurement; uses a deadly weapon; or, where the attacker knew or should have known the victim was pregnant.

(c) Arson (Level I): To intentionally damage or cause to be damaged, by fire or explosion, any dwelling, structure, or conveyance, whether occupied or not, or its contents. Fires that are not intentional, that are caused by accident, or do not cause damage are not required to be reported in SESIR.

(d) Burglary (Level II): Unlawful entry into or remaining in a dwelling, structure, or conveyance with the intent to commit a crime therein.

(e) Bullying (Level IV): Systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. Bullying includes instances of cyberbullying, as defined in Section 1006.147(3)(b), F.S. Bullying may include, but is not limited to, repetitive instances of teasing, social exclusion, threats, intimidation, stalking, physical violence, theft, harassment, public or private humiliation, or destruction of property. If the physical harm or psychological distress is not the result of systematic or chronic behavior, evaluate for Harassment.

(f) Criminal Mischief (Felony Vandalism ‒ $1,000 threshold) (Level III): Willfully and maliciously injuring or damaging by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto. Incidents that fall below the $1,000 threshold are not reportable in SESIR, but instead should be reported as locally-defined incidents according to district policies.

(g) Disruption on Campus-Major (Level III): Disruptive behavior that poses a serious threat to the learning environment, health, safety, or welfare of others. Examples of major disruptions include bomb threats, inciting a riot, or initiating a false fire alarm.

(h) Drug Sale or Distribution (Level II): The manufacture, cultivation, purchase, sale, or distribution of any drug, narcotic, controlled substance or substance represented to be a drug, narcotic, or controlled substance.

(i) Drug Use or Possession (Level III): The use or possession of any drug, narcotic, controlled substance, or any substance when used for chemical intoxication. Use means the person is caught in the act of using, admits to use or is discovered to have used in the course of an investigation.

(j) Fighting (Level III): When two or more persons mutually participate in use of force or physical violence that requires either physical intervention or results in injury requiring first aid or medical attention. Lower-level fights, including pushing, shoving, or altercations that stop on verbal command are not required to be reported in SESIR.

(k) Grand Theft ($750 threshold) (Level III): The unauthorized taking of the property of another person or organization, including motor vehicles, valued at $750 or more, without threat, violence, or bodily harm. Incidents that fall below the $750 threshold are not reportable in SESIR, but instead should be reported as locally-defined incidents according to district policies. Thefts of property of any value that involve a use of force, violence, assault, or putting the victim in fear must be reported as Robbery.

(l) Harassment (Level IV): Any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct that places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property; has the effect of substantially interfering with a student’s educational performance, opportunities, or benefits, or has the effect of substantially disrupting the orderly operation of a school, including any course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose. Instances of Harassment that are chronic or repeated in nature should be evaluated for Bullying or Bullying-related.

(m) Hazing (Level III): Any action or situation that endangers the mental or physical health or safety of a student at a school with any of grades 6 through 12 for purposes of initiation or admission into or affiliation with any school-sanctioned organization. Hazing includes, but is not limited to pressuring, coercing, or forcing a student to participate in illegal or dangerous behavior, or any brutality of a physical nature, such as whipping, beating, branding, or exposure to the elements.

(n) Homicide (Level I): The unjustified killing of one human being by another.

(o) Kidnapping (Level I): Forcibly, secretly, or by threat, confining, abducting, or imprisoning another person against his or her will and without lawful authority.

(p) Other Major Incidents (Level III): Any serious, harmful incident resulting in the need for law enforcement consultation not previously classified. This includes any drug or weapon found unattended and not linked to any individual; such incidents must be coded with the appropriate Related element (such as Drug-related or Weapon-related) and incident involvement must be reported as unknown.

(q) Robbery (Level II): The taking or attempted taking of money or other property from the person or custody of another with the intent to permanently or temporarily deprive the person or owner of the money or other property under the confrontational circumstances of force, or threat of force or violence, and/or by putting the victim in fear. A key difference in Grand Theft and Robbery is that Robbery involves violence, a threat of violence or assault, and putting the victim in fear.

(r) Sexual Assault (Level II): An incident that includes fondling, indecent liberties, child molestation, or threatened rape. Both males and females can be victims of sexual assault.

(s) Sexual Battery (Rape) (Level I): Forced or attempted oral, anal, or vaginal penetration by using a sexual organ or an object simulating a sexual organ, or the anal or vaginal penetration of another by any body part or foreign object. Both males and females can be victims of sexual battery.

(t) Sexual Harassment (Level III): Unwelcome conduct of a sexual nature, such as sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Harassing conduct can include verbal or nonverbal actions, including graphic and written statements, and may include statements made through computers, cellphones, and other devices connected to the Internet. The conduct can be carried out by school employees, other students, and non-employee third parties.

(u) Sexual Offenses (Other) (Level III): Other sexual contact, including intercourse, without force or threat of force. Includes subjecting an individual to lewd sexual gestures, sexual activity, or exposing private body parts in a lewd manner.

(v) Simple Battery (Level II): An actual and intentional touching or striking of another person against his or her will, or the intentional causing of bodily harm to an individual.

(w) Threat/Intimidation (Level III): An incident where there was no physical contact between the offender and victim, but the victim reasonably believed that physical harm could have occurred based on verbal or nonverbal communication by the offender. This includes nonverbal threats and verbal threats of physical harm which are made in person, electronically or through any other means.

(x) Tobacco (Level IV): The possession, sale, purchase, distribution, or use of tobacco or nicotine products on school grounds, at school-sponsored events, or on school transportation by any person under the age of 21. Tobacco incidents cannot be Drug-related.

(y) Trespassing (Level III): To enter or remain on school grounds, school transportation, or at a school-sponsored event, without authorization or invitation and with no lawful purpose for entry. Only incidents involving a student currently under suspension or expulsion, or incidents where any offender (student or non-student) was previously issued an official trespass warning by school officials, or where any offender was arrested for trespass are required to be reported in SESIR. Trespass incidents that did not have a prior official warning, did not result in arrest, or did not involve students under suspension or expulsion should be reported as locally defined incidents according to district policies.

(z) Weapons Possession (Level II): Possession of a firearm or weapon as defined by Section 790.001, F.S., that can inflict serious harm on another person or that can place a person in reasonable fear of serious harm.

(8) Related element definitions.

(a) Alcohol-related: An incident is alcohol related if there is evidence that those involved in the incident were caught drinking at the incident or had been drinking, based on testing or investigation of a Law Enforcement Officer at the scene, or if they admit to drinking, or if the incident is somehow related to possession, use or sale of alcohol. Schools are not required to test for the presence of alcohol.

(b) Bullying-related: An incident is bullying related if the incident includes systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees.

(c) Drug-related: An incident is drug related if there is evidence that those involved in the incident were under the influence of drugs at the time of the incident; if they admit to using or being under the influence of drugs; if drugs were in the possession of individuals involved in the incident, based on testing or investigation done by a law enforcement officer as a result of the incident; or if the incident is somehow related to possession, use or sale of drugs. Schools are not required to test for drug use.

(d) Gang-related: An incident is gang-related if gang affiliation/association caused the incident or was a contributing factor to action that happened during the incident.

(e) Hate Crime-related: All SESIR incidents motivated all or in part by hostility to the victim’s real or perceived race, religion, color, sexual orientation, ethnicity, ancestry, national origin, political beliefs, marital status, age, social and family background, linguistic preference or mental/physical disability are required to be reported as Hate Crime-related.

(f) Hazing-related: An incident is hazing-related if the incident includes any action or situation that endangers the mental or physical health or safety of a student at a school with any grades from 6-12 for purposes of initiation or admission into or affiliation with any school-sanctioned organization.

(g) Injury-related: All SESIR incidents that result in serious bodily injury are required to be reported as Injury-related. Less serious bodily injury means incidents which require immediate first aid or subsequent medical attention. More serious injuries include death or injuries with substantial risk of death, extreme physical pain, protracted and obvious disfigurement, and protracted loss or impairment of the function of a bodily member, organ, or mental faculty. Incidents where injury occurred, but first aid or medical attention is not needed, are not required to be reported in SESIR as Injury-related.

(h) Vaping-related: All SESIR incidents that involve the use of non-combustible vaping products, including electronic cigarettes, vapes and vape pens, or any electronic nicotine delivery system (ENDS) are required to be reported as Vaping-related, if the liquid used contains nicotine or a controlled substance. Schools are not required to test for nicotine or drugs in vaping devices. Incidents involving use or possession of vaping products that do not contain nicotine or controlled substances are not required to be reported in SESIR.

(i) Weapon-related: All SESIR incidents are required to be reported as Weapon-related where anyone involved possessed or used a firearm or weapon or if the incident was related to possession, use or sale of firearms or weapons, as defined in Section 790.001, F.S.

(9) Reporting law enforcement involvement. For each SESIR incident, a school district must report one of the following three (3) choices regarding law enforcement involvement:

(a) The incident was not reported to law enforcement because it was a petty act of misconduct that did not require law enforcement involvement according to policies developed by the district pursuant to Section 1006.13, F.S.

(b) The incident was reported to law enforcement and resulted in official law enforcement action being taken by an SRO or other law enforcement agency or official, as defined in paragraph (2)(b) of this rule.

(c) The incident was reported to law enforcement and did not result in official action being taken by an SRO or other law enforcement agency or official, as defined in paragraph (2)(b) of this rule.

(d) Required reporting to law enforcement.

1. School districts must report all SESIR incidents to law enforcement, except for Bullying, Harassment, Sexual Harassment, and Tobacco.

2. School districts must report all SESIR incidents to law enforcement, including Bullying, Harassment, Sexual Harassment, and Tobacco, where the incident includes one or more of the following related elements:

a. Alcohol-related;

b. Drug-related;

c. Gang-related;

d. Hate crime-related;

e. Hazing-related;

f. Injury-related, if the injuries are reported as more serious; and

g. Weapon-related.

3. This rule does not limit school districts and charter schools from reporting other incidents to law enforcement that are not listed in subparagraph (9)(d)1. and 2.

(10) Training required. Each district superintendent must designate persons responsible for SESIR reporting in the district, and ensure that all such persons receive the training found at http://sesir.org. SESIR training provided by Department staff can be used to satisfy the online training requirement. Charter schools must designate persons responsible for SESIR reporting in their school and must report their name, email address, and phone number to the district.

(11) Accountability for SESIR reporting. In order to enhance SESIR reporting, the persons or entity listed below have the following responsibilities:

(a) School principals. Each public school principal, including charter school principals or equivalent, must ensure that all persons at the school responsible for SESIR information participate in the training set forth in subsection (10) of this rule and must ensure that SESIR data is accurately and timely reported.

(b) School District Superintendents.

1. Each district superintendent must ensure that all persons responsible for reporting SESIR data have received the training required in subsection (10) of this rule, that any local district policies are consistent with the SESIR reporting requirements set forth in this rule and Rule 6A-1.0014, F.A.C., and that the district timely and accurately reports SESIR incidents. Annually, superintendents must certify to the Department that these requirements have been met. The annual certification must include a statement that all charter school staff responsible for reporting SESIR data have received required training and that charter schools have required SESIR policies in place.

2. Each district superintendent must designate a district SESIR contact person and must annually report their name, phone number, and email address to the Office of Safe Schools at SafeSchools@fldoe.org. This information must be provided by August 1 each year and must be updated within five (5) school days when there is a change in the information provided.

(c) Office of Safe Schools. The Office shall conduct site visits at schools throughout the state, as well as conduct data reviews. The review must include school district policies, training records, school incident and school discipline records. Superintendents, principals and school safety specialists must fully cooperate with requests for information when the Office of Safe Schools is reviewing and evaluating districts for compliance with SESIR reporting.

(d) Commissioner of Education. If a district fails to report SESIR data by the survey deadlines, set forth in Rule 6A-1.0014, F.A.C., the Commissioner must request that the district school board withhold the superintendent’s salary, pursuant to Sections 1001.51(12) and 1001.42(13)(b), F.S., until the SESIR data is reported. If there is cause to believe that a superintendent knowingly transmitted or caused to be transmitted false or incorrect information, the Commissioner shall cause the allegation to be investigated and refer the matter for disciplinary action pursuant to Section 1012.796, F.S., if the superintendent holds a license or certificate under Chapter 1012 and take action to enforce the forfeiture of the superintendent’s annual salary.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1006.07(9), 1008.385(3) FS. Law Implemented 1001.212(8), 1001.42(13)(b), 1001.51(12), 1002.33(16)(b)10., 1006.07(9), 1006.135(2)(e), 1006.147(4)(k), 1006.147(6), 1008.385 FS. History‒New 6-16-20, Amended 8-23-21, 1-17-23., 8-22-23

Fla. Admin. Code R. 6A-1.0018 School Safety Requirements and Monitoring

(1) The purpose of this rule is to set forth requirements relating to school safety, reporting, and training. The rule also provides notice of the procedures and criteria utilized by the Office of Safe Schools to monitor school districts, school facilities, and individual schools for compliance with those requirements.

(2) Definitions.

(a) “Active threat” means any situation that presents an immediate and ongoing danger to the safety of students, staff and visitors, such as active assailant, hostage situation, or bomb threat.

(b) “After-action report” means a document completed following an emergency or fire drill that summarizes what took place during the event, analyzes the actions taken by participants, and provides areas needing improvement.

(c) “Department” means the Florida Department of Education.

(d) “Discharge” means to fire a gun or firearm.

(e) “Discipline” means a safe-school officer receiving a behavior-related official reprimand.

(f) “Dismissal” means a safe-school officer is permanently relieved of his position. Dismissal or termination is involuntary and initiated by the employer, including firings or other removals for cause.

(g) “Emergency drill” means a method of testing emergency plans and responses to incidents other than fire, including active threats, natural disasters, severe weather, hazardous materials, reunification, and other critical incident scenarios.

(h) “Exclusive zone” means the area within a gate or door allowing access to the interior perimeter of a school campus beyond a single point of entry.

(i) “Florida Safe Schools Assessment Tool” or “FSSAT” means the site security risk assessment tool used by school officials at each school district and school facility as defined in paragraph (2)(t) of this rule, to conduct security assessments, as provided in Section 1006.1493, F.S.

(j) “FortifyFL” means the mobile suspicious activity reporting tool that allows students and members of the community to report information anonymously concerning unsafe, potentially harmful, dangerous, violent, or criminal activities, or threats of such activities to law enforcement or school officials as described in Section 943.082, F.S.

(k) “Law enforcement officer” means the persons identified in Section 943.10(1), F.S.

(l) “Nonexclusive zone” means the area of a school campus that is outside of the exclusive zone but contained on school property. Nonexclusive zones may include, but are not limited to, such spaces as parking lots, athletic fields and stadiums, mechanical buildings, playgrounds, bus ramps, agricultural spaces, and other areas that do not give direct, unimpeded access to the exclusive zone.

(m) “Office” means the Department’s Office of Safe Schools.

(n) “Plan for Urgent Life-Saving Emergencies” (PULSE) means the plan identified in Section 1003.457, F.S. Each public school must have a plan that follows evidence-based core elements including, but not limited to, establishing a life-threatening medical emergencies response team, protocols and procedures for activating the team in response to a suspected emergency, implementing automated external defibrillator (AED) placement and routine maintenance, disseminating and communicating the plan throughout the school, maintaining ongoing and appropriate staff training, coordinating and practicing emergency drills, and integrating local emergency medical services (EMS) with the plan.

(o) “Safe-school officer” means a school resource officer, a school-safety officer, a school guardian, or a school security guard, as identified in Sections 1006.12(1)-(4), F.S.

(p) “School” means a public K-12 school, including a charter school, with a Master School Identification Number (MSID) number as provided under Rule 6A-1.0016, F.A.C., but does not include:

1. Settings where instruction is provided in a county jail or state prison, in a Department of Juvenile Justice facility or program, in a hospital, or while a student is homebound;

2. Schools that provide only prekindergarten or adult education;

3. Technical centers under Section 1004.91, F.S.

“School” also includes the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.). These entities also function as “school districts” as defined in paragraph (2)(s) of this rule.

(q) “School administrator” means the school personnel identified in Section 1012.01(3), F.S.

(r) “School day” means any day, including a partial day, where students are physically present at school for instructional purposes, as defined by Section 1011.60(2), F.S., and Rule 6A-1.045111, F.A.C.

(s) “School district” or “district” means a Florida school district or district school board, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), Developmental Research (Laboratory) Schools (Section 1002.32, F.S.), and universities or Florida College System institutions that sponsor a charter school (Section 1002.33(5), F.S.).

(t) “School facility” means a public K-12 school, including a charter school, with a Master School Identification Number (MSID) number as provided under Rule 6A-1.0016, F.A.C., with the following exceptions:

1. Schools with separate MSID numbers that are located at the same physical location and are co-located with each other are a single school facility.

2. Schools that are located at separate physical locations and are not co-located, but share one MSID number are separate school facilities.

3. A school facility does not include:

a. Schools without a physical location for instruction of students, such as virtual schools, virtual instruction programs, virtual course offerings, franchises of the Florida Virtual School, and virtual charter schools;

b. Settings where instruction is provided in a county jail or state prison, in a Department of Juvenile Justice facility or program, in a hospital, or while a student is homebound;

c. Schools that provide only prekindergarten or adult education;

d. Technical centers under Section 1004.91, F.S.;

e. Private schools, regardless of whether or not their students receive state scholarship funds under Chapter 1002, F.S.; and

(u) “School safety specialist” means the district school superintendent’s designee per Section 1006.07(6)(a), F.S., responsible for the oversight of all aspects of school safety and security within the school district and who is a school administrator or a law enforcement officer.

(v) “SESIR” means School Environmental Safety Incident Reporting, as identified in Rule 6A-1.0017, F.A.C.

(w) “Suspected deficiency” means that there is at least some evidence that a district or school is not acting in compliance with the safety requirements set forth in this rule.

(3) District contact information.

(a) By August 1 of each year, each school district must submit the name, phone number, and email address for each school safety specialist to the Office at SafeSchools@fldoe.org.

(b) When any changes occur to the information required by paragraph (3)(a), the school district superintendent must update the information within one (1) school day.

(4) Monitoring by the District School Safety Specialist.

(a) School safety specialists are responsible for the supervision and oversight for all school safety and security personnel, policies, and procedures in the school district, including at charter schools.

(b) Districts must establish policies that require the school safety specialist, or his or her designee, to review, in conjunction with the district school superintendent, the school district and charter school policies and procedures at least annually for compliance with state law and rules, as provided by Section 1006.07(6)(a)1., F.S. These policies must include a requirement that substitute teachers are provided all school safety protocols and policies before beginning their first day of substitute teaching at a school. Districts must submit all school district and charter school policies and written procedures pertaining to the health, safety or welfare of students to the Office of Safe Schools by September 1 of each year.

(c) School safety specialists, or their designees, must investigate reports of noncompliance with school safety requirements and must conduct unannounced inspections at least annually of all school facilities within their district. These unannounced visits must occur while school is in session. The results of the annual unannounced inspection must be documented on the District Compliance Inspection Report in FSSAT.

(d) Districts must establish policies that explain the process the school safety specialist will use to identify and correct instances of noncompliance at a school with a requirement in this rule, or other state law or rules relating to safety. Such policies must require the following:

1. Deficiencies relating to safe-school officer coverage must be resolved by the next school day;

2. Notification to the Office within twenty-four (24) hours at SafeSchools@fldoe.org of any deficiencies relating to safe-school officer coverage and any instance of noncompliance that is determined to be an imminent threat to the health, safety, or welfare of students or staff. Notifications made under this subparagraph must contain particularized facts beyond noncompliance with rule or statute that explain the imminent threat; and

3. Notification to the Office within three (3) days at SafeSchools@fldoe.org of any instance of noncompliance not corrected within sixty (60) days.

(e) School safety specialists must report violations of campus access control and classroom safest area requirements (Section 1006.07(6)(f), F.S., and subsection (8) and paragraphs (17)(c)-(d) of this rule) by administrative or instructional personnel to the district school superintendent or charter school administrator, as applicable.

(f) At least quarterly, the school safety specialist must report to the district school superintendent and the district school board any noncompliance by the school district with laws or rules regarding school safety.

(5) Monitoring by the Office of Safe Schools – Process.

(a) The Office will monitor compliance and investigate reports of noncompliance with the school safety requirements identified in this rule through announced and unannounced inspections of all school facilities. Monitoring and investigations may also include on-site visits to schools and district facilities or offices, review of school and district websites and publications, interviews with students and staff, and review of media reports and other information submitted to or received by the Office.

(b) District and school staff must keep records demonstrating that the requirements in this rule are met and must provide those records to the Office upon request.

(c) The Office will provide notice of a suspected deficiency to the school safety specialist at the email address provided in paragraph (3)(a). Failure to maintain accurate contact information with the Office will not extend the time for correction.

(d) Districts must establish a policy concerning when the notice of suspected deficiency is provided by the school safety specialist to the district’s superintendent.

(e) Unannounced compliance visits by OSS.

1. Timing. Triennially (every three years), the Office will conduct at least one unannounced inspection of all school facilities, while school is in session. School facilities with documented areas of noncompliance will be reinspected within six (6) months.

2. Documentation. Within three (3) school days after an unannounced compliance visit, the Office will provide a copy of the completed Florida School Safety Compliance Inspection Report in FSSAT, including photographs or other evidence of noncompliance, to the school safety specialist and the district school superintendent. The school safety specialist, or his or her designee, will provide a copy to the school principal or charter school administrator, as appropriate. Where the report documents noncompliance, it serves as providing notice of a suspected deficiency.

3. Acknowledgement. The school safety specialist must acknowledge receipt of the completed report via FSSAT within one (1) school day after posting.

(f) Time to respond and opportunity to cure.

1. When the notice of suspected deficiency concerns a failure to have a safe-school officer established or assigned at each school facility, as required by Section 1006.12, F.S., the school safety specialist must respond in writing and verify that the school(s) identified in the notice have a safe-school officer on site by the next school day. Issues related to safe-school officer coverage must be remedied by the next school day following notice from OSS, regardless of whether a completed Florida School Safety Compliance Inspection Report has been sent.

2. In all other cases, the school safety specialist must respond in writing within three (3) school days after receiving written notice of a suspected deficiency or after the completed Florida School Safety Compliance Inspection Report is posted. The response must verify that the district or school has corrected the suspected deficiency, or must include a written plan describing how the district will bring the identified school(s) into compliance. A plan submitted under this paragraph must include an estimated date of completion and an explanation of alternate security measures designed to maintain a safe learning environment.

(g) Upon verification of compliance or correction of a deficiency, the Office will provide a written notice of resolution to the school safety specialist.

(h) When a suspected deficiency has not been timely resolved, the Office will advise the Commissioner of Education who will facilitate compliance to the maximum extent provided under law, as provided in Section 1001.11(9), F.S.

(i) Compliance with school safety requirements set forth in this rule and in statute are subject to enforcement by the Commissioner of Education and the State Board of Education using mechanisms provided in Section 1008.32, F.S.

(j) The Office will provide quarterly reports to each district school superintendent and school safety specialist identifying the number and percentage of school facilities that received unannounced inspections, or were reinspected during that quarter, and the number and percentage of inspected school facilities that had no school safety requirement deficiencies.

(6) Safety Requirements. The Office will monitor schools and school districts for compliance with the safety requirements set forth in subsections (7) through (23) of this rule.

(7) Safe-school officer. School districts are required to establish or assign at least one safe-school officer at each school facility within the district, as provided in Section 1006.12, F.S.

(a) A safe-school officer must be present, at a minimum, during the school day when the school facility is open for instruction, as defined by the district school board calendar.

(b) Districts must establish a policy for safe-school officer assignment outside of the regular school day, including during before and after school, summer school, during extracurricular activities, and for school-sponsored events. In establishing this policy, districts must consider factors such as the number of persons present, the ratio of staff members to students, and other safety measures available.

(c) District school safety specialists must ensure that each safe-school officer in the district that is a sworn law enforcement officer, as defined under Sections 1006.12(1) and (2), F.S., has completed mental health crisis intervention training through a curriculum developed by a national organization with expertise in mental health crisis intervention. The training must meet the requirements set forth in Section 1006.12(6)(a), F.S.

(d) Survey of safe-school officers. At least annually, the Office must conduct a survey regarding safe-school officer assignment by school. School safety specialists are responsible for completion of the survey.

(8) Campus Access Control. Each school district and charter school governing board must ensure that all schools comply with the following campus access control requirements, which apply from thirty (30) minutes before the school start time until thirty (30) minutes after the end of the school day.

(a) Schools with a secure exclusive zone. All gates or other access points that restrict ingress to or egress from the exclusive zone of a school campus must remain closed and locked when students are on campus, unless:

1. The gate or access point is attended or actively staffed when students are on campus;

2. The use a shared use agreement pursuant to Section 1013.101, F.S.;

3. Another closed and locked gate or access point separates the open or unlocked gate from areas occupied by students; or

4. The school safety specialist, or his or her designee, has documented in FSSAT that the gate or other access point is not subject to this requirement based upon other safety measures at the school, or based upon compliance with the Florida Fire Prevention Code. Documentation in FSSAT must include a description of the other safety measures present and a photograph of the gate or access point not subject to the requirement.

(b) Schools without a secure exclusive zone. All campus access doors, gates, and other access points that allow ingress to or egress from a school building must remain closed and locked at all times to prevent ingress, unless:

1. A person is actively entering or exiting the door, gate, or other access point;

2. The door, gate, or access point is attended or actively staffed by school personnel to prevent unauthorized entry; or

3. The school safety specialist, or his or her designee, has documented in the FSSAT that the open and unlocked door, gate, or other access point is not subject to this requirement based upon other safety measures at the school. There must be at least one locked barrier between classrooms and instructional spaces and open school campus. Documentation in FSSAT must include a description of the other safety measures present and a photograph of each unlocked door, gate, or other access point not subject to the requirement.

(c) Classrooms and instructional spaces. All school classrooms and other instructional spaces must be locked to prevent ingress when occupied by students, unless:

1. The door is open between class periods when students are moving between classrooms or other instructional spaces; or

2. The door is actively staffed by a person standing or seated at the door.

(d) Common areas. Common areas, including but not limited to cafeterias, gymnasiums, auditoriums, and media centers, must meet the requirements of paragraph (8)(c) only when they are used for instructional time or student testing.

(e) Career and technical education. Instructional spaces for career and technical education which are designed as open areas must meet the requirements of paragraph (8)(c) unless they are exempted from compliance by the school safety specialist. The school safety specialist, or his or her designee, must document in FSSAT that the instructional space is exempt due to negative impacts to student health and safety and the presence of other safety measures at the school that prevent egress from the instructional space to hallways or other classrooms or instructional spaces. Documentation in FSSAT must include a description of the other safety measures present and a photograph of the instructional space not subject to the requirement.

(9) Alyssa’s Alert. School districts are required to implement a mobile panic alert system that meets all requirements of Section 1006.07(4)(c), F.S. Districts are authorized to select, free of charge, a system under Department contract, or locally fund a system of their choice. The systems under contract with the Department are posted at http://www.fldoe.org/safe-schools/.

(a) School districts are required to maintain current listings of mobile panic alert systems implemented by all public schools, including charter schools, within their district. Such list must include the school name, address, and MSID number, and vendor or application implemented. School districts are required to provide this list to the Office at SafeSchools@fldoe.org annually by August 1. Thereafter, school districts must update this information within five (5) school days of a school opening or closing, or when any other change occurs that impacts the accuracy of district-provided information.

(b) Mobile panic alert systems must include mobile devices placed throughout each school. In determining the number and placement of devices needed to afford all staff members the ability to silently and easily activate a panic alert in the event of an on-campus emergency, districts must consider using a combination of fixed panic alert buttons, mobile and desktop applications, landline phone capabilities, and wearable panic alerts (such as on a lanyard).

(c) School districts must include Alyssa’s Alert in their local emergency policies and procedures required by Section 1006.07(4)(a), F.S. The Alyssa’s Alert policies and procedures must be developed in consultation with the county 911 authority and local emergency management office to ensure that the system selected by the district integrates with local public safety answering point (PSAP) infrastructure to transmit calls and mobile activations.

(d) Any time the mobile panic alert system fails to connect to PSAP, the school safety specialist must notify the superintendent, the mobile panic alert system vendor and the Office at Alyssas.Alert@fldoe.org immediately, but no later than within twenty-four (24) hours.

(10) FortifyFL.

(a) School districts are required to maintain current school listings in the FortifyFL application, including school name, address, and MSID number. School districts are required to update FortifyFL within five (5) school days of a school opening or closing, or when any other change occurs that impacts the accuracy of district-provided information.

(b) School districts are required to maintain current contact information (telephone number and email address) in the FortifyFL application for each school’s administrator and for the school safety specialist.

(c) School districts are required to promote FortifyFL, as provided in Section 943.082(4)(b), F.S. Districts are required to:

1. Advertise FortifyFL on the district website, on school campuses, in newsletters, and in school publications;

2. Install the FortifyFL app on all mobile devices issued to students;

3. Bookmark the FortifyFL website on all computer devices issued to students; and

4. Advertise that someone who knowingly submits a false tip through FortifyFL may be subject to further investigation by law enforcement, and may be subject to criminal penalties under Section 837.05, F.S.

(d) Within the first five (5) days of each school year, each district school board must ensure that instruction on the use of FortifyFL is provided to students in accordance with Section 943.082(4)(b), F.S. Instruction on FortifyFL must be developmentally appropriate and must include the consequences of making a threat or false report involving school or school personnel’s property, school transportation, or a school-sponsored activity. Instruction concerning consequences must include disciplinary actions that may occur at school and possible criminal charges.

(e) Annually, each district school board must make available a training for parents and guardians on the use of FortifyFL prior to the start of each school year or at the time of a student’s enrollment if during the school year. This training must explain the potential consequences for anyone making a threat or false report concerning school or school personnel’s property, school transportation, or a school sponsored activity, including disciplinary actions that may occur at school and possible criminal charges. Information concerning criminal charges must include a summary of Sections 790.162, 790.163, 836.10 and 837.05, F.S., and the penalties for violating those statutes. School districts may develop procedures concerning how this training is disseminated.

(11) Threat management.

(a) School districts must have policies and procedures for threat management and threat management teams in compliance with Rule 6A-1.0019, Threat Management.

(b) Notification to Parents.

1. Each district must establish policies to provide notification to parents of threats and unlawful acts or significant emergencies as defined in Section 1006.07(4)(b), F.S., that occur on school grounds, during school transportation, or during school-sponsored activities.

2. District policies must address the timing, content, scope, and manner of notification, circumstances when law enforcement must be consulted, and the person or entity with responsibility for parental notification, and involvement of the threat management team. In making these determinations, district policies must take into consideration the nature of the reported threat or incident, whether the threat or incident is ongoing or resolved, whether the threat is low, medium or high, and whether there is an imminent threat of harm to students and the campus community.

3. In the case of an imminent threat of harm to students, including an active assailant incident or hostage situation, notification to parents must be made as soon as practicable. Such notification should be made in consultation with local law enforcement and first responders in order to avoid compromising the safety of students and the efficacy of the emergency response and investigation.

4. In determining the content of notifications to parents, districts must consider including specific information about the threat or incident necessary to inform parents and safeguard the community as determined by the threat management team, or other person or entity responsible for parent notification. Such information may include the date and time of the incident, the location and nature of the threat or incident, how and whether the threat or incident was resolved, a description of the suspect (where applicable), crime prevention and safety tips, and crime and threat reporting information.

5. Notifications must be made in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, 34 C.F.R. Part 99, and Section 1002.22, F.S.

(12) SESIR. Each district superintendent must designate persons responsible for SESIR reporting for their district and ensure that those persons receive live or online training, as provided in subsection 6A-1.0017(10), F.A.C.

(13) Zero-Tolerance Policies and Agreements with Law Enforcement.

(a) Each district must have zero-tolerance policies, as provided by Section 1006.13, F.S.

(b) Each district must have an agreement with the county sheriff’s office and local police department for reporting acts that are required to be reported to law enforcement, which must at a minimum include the incidents identified in Rule 6A-1.0017, F.A.C.

(c) Each district must adopt a cooperative agreement with the Department of Juvenile Justice regarding enforcement of no contact orders, as provided by Section 1006.13(6)(b), F.S.

(14) School Security Risk Assessments and the FSSAT.

(a) Annually, by August 1, school districts are required to ensure accuracy of current school listings, for their district within the FSSAT application, including school name(s), address, and MSID number(s). Districts must use the “School Facility Asset Template” in FSSAT for each school facility in the district. School districts are required to report to the Office via FSSAT within five (5) school days of a school facility opening or closing, or when any other change occurs that impacts the accuracy of district-provided information in FSSAT.

(b) Each school safety specialist is required to contact the Office to obtain access to FSSAT within three (3) school days of appointment.

(c) Each year, the school safety specialist must complete a school security risk assessment on or before October 1 at each school facility in their district using the FSSAT, as provided in Section 1006.07(6)(a)4., F.S., and Section 1006.1493, F.S. The school safety specialist must also complete a school security risk assessment for any school facility that opens after October 1, prior to the school facility opening for classroom instruction.

(d) School safety specialists must report by October 15 each year in the FSSAT that required school security risk assessments are completed, as provided in Section 1006.1493(3)(b), F.S.

(e) School safety specialists must provide recommendations to the district school board and the district school superintendent, identifying strategies and activities the board should implement to improve safety and security, as provided in Section 1006.07(6)(a)4., F.S.

(f) Within thirty (30) days after the district school board meets to receive such findings, but not later than November 1, school safety specialists must submit a district best-practices assessment in the FSSAT which includes the school security risk assessment findings and recommendations as provided in Section 1006.07(6)(a)4., F.S.

(g) Each school district must develop policies that allow charter school personnel input access to the FSSAT or where input access is restricted to district personnel, develop policies for gathering information from charter schools so that FSSAT reporting requirements, including those for Fortify FL, threat assessment teams and active assailant response plans, include data from charter schools.

(15) First Responders’ School Safety Recommendations.

(a) The district’s school safety specialist must coordinate with public safety agencies, as defined in Section 365.171, F.S., that are designated first responders to a school’s campus to tour each school’s campus once every three (3) years and to provide recommendations related to school safety, as provided in Section 1006.07(6)(c), F.S.

(b) Completion of such tours and any recommendations must be documented in each school’s security risk assessment within FSSAT.

(c) The school safety recommendations made by public safety agencies must be included in the school safety specialist’s report to the superintendent and school board.

(d) The district’s school safety specialist, or designee, must coordinate with local emergency service providers to integrate each public schools’ PULSE into the community’s emergency responder protocols and register the location of each public schools’ AED with the local emergency medical services medical director, in accordance with Section 1003.457, F.S. Recommendations made by emergency service responders, such as but not limited to school personnel training, drills, medical oversight, equipment procurement, placement, and maintenance must be considered in each public schools’ PULSE and in accordance with evidence-based core elements.

(16) Emergency and fire drills.

(a) Policies. Districts must develop policies and procedures for emergency drills and fire drills in consultation with the appropriate public safety agencies to include, at a minimum, law enforcement, fire service, and emergency management.

(b) After-action report. An after-action report must be completed following each emergency drill and fire drill. After-action reports must identify the type of drill, location and date of the drill, participants, and any required involvement of law enforcement or other public safety agencies. In addition, the after-action report must describe actions taken by participants, must analyze areas of success and areas where improvement is needed, and include input from participating public safety agencies and a plan for corrective action. After-action reports must be submitted to the district school safety specialist for review fifteen (15) calendar days following drill completion. School staff must keep copies of after-action reports and provide those records to the Office upon request as outlined in paragraph (5)(b) of this rule.

(c) Requirements for all emergency drills and fire drills.

1. All occupants of a building or any other location where an emergency or fire drill is held must participate in the drill.

2. During emergency drills, fire drills and during actual emergencies, schools must use plain language to communicate the nature of the emergency and instructions to students and staff. Plain language means communication that can be understood by the intended audience, which is free of coded language, jargon, and acronyms, and meets the purpose of the communicator.

3. Districts must vary the conditions of emergency drills and fire drills. Drills must be held at both expected and unexpected times and under varying conditions that require school staff, students and building occupants to take protective actions based on the specific circumstances of the simulated incident.

4. Districts must vary the time of day in which emergency drills and fire drills are held. In setting the drill schedule, districts must consider drills beginning at nonstandard times, such as within an hour of the start of the school day, during lunch, when students are between classes, or within an hour of the end of the school day.

5. Emergency drills and fire drills must test all applicable functions included in the threat scenario, such as panic buttons, AEDs, participant movement (lockdown, shelter-in-place, or evacuation), simulated communications with first responders, simulated notification to parents, and appropriate protective actions, such as turning off lights, and covering windows.

6. Emergency drills and fire drills must be conducted in accordance with developmentally appropriate and age-appropriate procedures. Districts are authorized to develop policies that provide for accommodations for drills conducted by exceptional student education (ESE) centers, as defined in Section 1003.57(1)(a)1.a., F.S. District accommodations for drills conducted at ESE centers, if any, must be included in the written policies and procedures for exceptional students that are submitted to the Department in accordance with subsection 6A-6.03411(2), F.A.C.

7. An actual emergency or other event, such as a false alarm, that elicits a schoolwide response including participant movement and appropriate protective actions, may substitute for one of the six required emergency drills.

(d) Requirements for specific types of drills.

1. Fire drills. Elementary, middle and high schools must conduct fire drills in accordance with the Florida Fire Prevention Code, located at https://www.myfloridacfo.com/division/sfm/bfp/florida-fire-prevention-code.

2. Emergency drills.

a. Elementary, middle and high schools are required to conduct six (6) emergency drills every school year that are separate and nonconcurrent with fire drills. One active assailant drill must take place within the first ten (10) school days of the beginning of the school year, and the remaining drills must take place at least once every nine (9) week reporting period. Four (4) of the six (6) emergency drills must address active threats. The remaining two (2) drills must address other emergency events, such as severe weather, natural disasters, hazardous materials, or reunification.

b. Active assailant drills. District school safety specialists must coordinate with the sheriff in their county to determine which law enforcement officers are responsible for responding to each school in their district in the event of an active assailant emergency and must provide those officers a minimum of twenty-four (24) hours’ notice prior to conducting an active assailant emergency drill, pursuant to Section 1006.07(4)(a), F.S. These law enforcement officers must be physically present on each school campus and directly involved in the execution of active assailant emergency drills, unless their presence is determined to be unnecessary by the sheriff. Each school must keep a record of the names of the law enforcement officers who were present for each active assailant drill and must provide those records to the Office upon request, in accordance with paragraph (5)(b) of this rule.

(17) Active Assailant Response Plans.

(a) Each district school board must adopt an active assailant response plan, as provided in Section 1006.07(6)(d), F.S. Active assailant response plans must include, at a minimum, plans and expectations for responding to an active assailant situation using the following three (3) strategies: evading or evacuating, taking cover or hiding, and responding to or fighting back.

(b) All school personnel must be trained annually on the procedures in the district’s active assailant response plan. Completion of this annual training for all school personnel must be documented in the FSSAT by October 1 of each year.

(c) All school principals must consult the school safety specialist to ensure that classrooms and other instructional spaces are clearly and conspicuously marked to designate the safest areas in each classroom or other instructional space where students may shelter in place during an emergency. Clear and conspicuous means that it should be easily observable and apparent where the safest area is and its purpose, without having to ask questions. Students must be notified of these safe areas within the first ten (10) days of the school year.

(d) If it is not feasible to clearly and conspicuously mark the safest areas in a classroom or other instructional space, the school safety specialist, or his or her designee, must document such determination in FSSAT, identifying where affected students must shelter in place.

(18) Family Reunification Plans. Each district school board must adopt, in coordination with local law enforcement agencies and local governments, a family reunification plan to reunite students and employees with their families in the event that a school is closed or unexpectedly evacuated due to a natural or manmade disaster. This reunification plan must be reviewed annually and updated, as needed. Individual school plans must be consistent with district policies. At a minimum, district reunification plans must address:

(a) Identification of potential reunification sites;

(b) Training for employees;

(c) Multiple methods to effectively communicate with family members of students and staff; and

(d) Methods to aid law enforcement in student and staff identification.

(19) Student Identification Cards. Each district must establish policies pursuant to Section 1008.386(3), F.S., requiring that student identification cards issued to students in grades 6 through 12 include telephone numbers for national or statewide crisis and suicide hotlines and text lines.

(20) Bullying and Harassment Prevention.

(a) Each school district must adopt a policy prohibiting bullying and harassment of students and employees that is consistent with the Department’s Model Policy Against Bullying and Harassment and meets all requirements in Section 1006.147(4), F.S. The policy must be reviewed at a minimum every three (3) years.

(b) Each school principal must implement the district’s policy in a manner that is ongoing throughout the school year and is integrated with the school’s curriculum, bullying prevention and intervention program, student discipline policies, and other violence prevention efforts.

(21) Youth Mental Health Awareness and Assistance Training. Each district school safety specialist must ensure that all school personnel within his or her school district receive youth mental health awareness and assistance training, as provided in Section 1012.584, F.S.

(22) School Safety Specialist Training.

(a) Each district school superintendent must designate a school safety specialist for the district that is either a school administrator employed by the district, or a law enforcement officer employed by the sheriff’s office located in the school district, as provided by Section 1006.07(6)(a), F. S.

(b) Within thirty (30) calendar days of appointment, school safety specialists must complete the following online Federal Emergency Management Agency Independent Study courses: Preparedness for Childcare Providers; Introduction to the Incident Command System, ICS 100; Preparing for Mass Casualty Incidents: A Guide for Schools, Higher Education, and Houses of Worship; Multi-Hazard Emergency Planning for Schools; and Planning for the Needs of Children in Disasters. These courses can be found at https://training.fema.gov/. School safety specialists must maintain certificates of completion.

(c) Within one (1) year of appointment, and annually thereafter, school safety specialists must earn a certificate of completion of school safety specialist training provided by the Office.

(23) Reporting Safe-School Officer Discipline, Dismissal or Discharge of Firearm.

(a) Discharge of a weapon. The district school superintendent, charter school administrator, or a respective designee must notify the Office when a safe-school officer assigned to any school or school facility in the district discharges a firearm in the exercise of safe-school officer duties, other than for training purposes, as provided in Section 1006.12(5), F.S. Notification must be made no later than seventy-two (72) hours of the incident by submitting Form SSON-2023 to SafeSchools@fldoe.org.

(b) Officer dismissal or discipline.

1. The district school superintendent, charter school administrator, or a respective designee must notify the Office when a safe-school officer assigned to a school or school facility in the district has been disciplined for misconduct or has been dismissed from their duties as a safe-school officer by their employer, including in cases where the officer is reassigned or moved to another school location, whether by a school district, charter school, law enforcement agency, or private security company, as provided in Section 1006.12(5), F.S. Safe-school officer misconduct is (1) any behavior by the safe-school officer that negatively impacts the safety of the school, its students, or staff; or (2) any offense related to gross immorality or acts of moral turpitude as defined in Rule 6A-10.083, F.A.C. Notification must be made no later than seventy-two (72) hours of the dismissal or disciplinary action by submitting Form SSON-2023 to SafeSchools@fldoe.org.

2. The district school superintendent, charter school administrator, or a respective designee must notify the Office when there is an allegation of misconduct that results in a safe-school officer being placed on administrative leave or reassigned pending completion of an investigation using the procedure set forth in subparagraph (23)(b)1. Within fifteen (15) days of completion of the investigation, updated information regarding the result of the investigation must be provided to the Office.

(c) School districts must implement procedures to ensure that charter schools, law enforcement agencies, and private security firms employing or contracting with safe-school officers timely report discipline and dismissal of safe-school officers and any discharge of an officer’s weapon outside of training activities, so that districts can meet the reporting requirements of this subsection.

(24) Charter School Safety Requirements.

(a) Monitoring of safety requirements for a charter school is the responsibility of the district’s school safety specialist. The Office, as provided in subsection (5) of this rule, will provide any notices of suspected deficiency occurring at or by a charter school, to the district’s school safety specialist for investigation and response.

(b) To ensure that a district school safety specialist is able to monitor and report on school safety and security at a charter school, each charter school must:

1. Provide contact information in the manner and frequency required by the school safety specialist;

2. Timely respond to requests for information and access made by the school safety specialist and the Office related to safety requirements set forth in this rule; and

3. Coordinate with the school safety specialist on curing suspected deficiencies identified by the specialist and the Office.

(c) Charter schools and their governing boards are responsible for meeting the safety requirements set forth in this rule. All safety requirements as set forth in subsections (6)-(18), (21) and (23) apply to charter schools, with any changes to the requirements set forth below:

1. Safe-school officer.

a. District school safety specialists are responsible for ensuring that all charter school facilities in their district have at least one (1) safe-school officer assigned and present on campus while school is in session.

b. Each charter school is authorized to establish its own policy on when a safe-school officer must be assigned to a school facility for extracurricular activities and for school-sponsored events or adopt the district’s policy.

c. District school safety specialists must keep accurate records of the number and type of safe-school officers assigned to each charter school in the district.

d. Districts and charter school governing boards must work together to determine the type of safe-school officer under Section 1006.12, F.S., that will be assigned to each charter school. Any of the safe-school officer types permitted under Section 1006.12(1)-(4), F.S., may be assigned to a charter school.

2. Charter schools sponsored by a university or Florida College System institution must annually report to the Office by August 1 the name, title, and contact information for the person responsible for the duties imposed upon district school superintendents under this rule and must provide the name of the entity that functions in place of a school board. The person designated in place of a superintendent should be the chief executive officer or administrator with general oversight authority for the school, including oversight of the school safety specialist.

(25) Safety Requirements for Non-Traditional Districts.

(a) Virtual Schools. Virtual schools and their governing boards are responsible for meeting the safety requirements set forth in this rule, with any changes to the requirements set forth below:

1. Except for the requirement to complete the district best practices assessment found in paragraph (14)(f), subsections (7)-(9), (14)-(18), and (23) of this rule are inapplicable to schools without a physical location for instruction of students, such as virtual schools, virtual instruction programs, franchises of the Florida Virtual School and virtual charter schools.

2. Florida Virtual School may meet the requirements of paragraphs (13)(b) and (c) with policies that address referral and consultation with law enforcement, and enforcement of no contact orders.

(b) Florida Virtual School, Developmental Research (Laboratory) Schools, and the Florida School for the Deaf and the Blind must annually report to the Office by August 1 the name, title, and contact information for the person responsible for the duties imposed upon district school superintendents under this rule and must provide the name of the entity that functions in place of a school board. The person designated in place of a superintendent should be the chief executive officer or administrative head of the school with general oversight authority for the school including oversight of the school safety specialist.

(26) The following forms are hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400.

(a) Safe-School Officer Notification Report, Form SSON-2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15259) effective April 2023.

(b) Model Policy Against Bullying and Harassment for K-12 Schools, Form PABH-2022 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14266), effective June 2022.

History

• Rulemaking Authority 1001.02(2)(n), 1006.07(4)(a) FS. Law Implemented 1001.11(9), 1001.212(4), (12), (14), (15), 1006.07(4)(a), (6), (7), (9), 1006.12(5), 1006.147, 1006.1493, 1008.386(3), 1012.584 FS. History‒New 7-14-21, Amended 11-23-21, 6-14-22, 9-20-22, 11-22-22, 4-25-23, 9-26-23, 7-2-24, 12-24-24, 9-23-25.

Fla. Admin. Code R. 6A-1.0019 Threat Management

(1) Purpose. The purpose of this rule is to set forth requirements relating to threat management, a process by which school districts, K-12 schools, charter school governing boards, and charter schools identify, assess, manage, and monitor potential and real threats to student safety.

(2) Definitions.

(a) “Florida Harm Prevention and Threat Management Model” or “Florida Model” means the Florida-specific behavioral threat management process required by Section 1001.212(12), F.S. The Florida Model consists of the Florida Threat Management Manual and the Florida Harm Prevention and Threat Management Instrument (“Instrument”). Under the Florida Model, threats and reports of concerning behavior or concerning communications are categorized as unfounded or having a low, medium, or high level of concern.

(b) “School” means a public K-12 school, including a charter school, with a Master School Identification Number (MSID) number as provided under Rule 6A-1.0016, F.A.C., but does not include:

1. Settings where instruction is provided in a county jail or state prison, in a Department of Juvenile Justice facility or program, in a hospital, or while a student is homebound;

2. Schools that provide only prekindergarten or adult education;

3. Technical centers under Section 1004.91, F.S.

“School” also includes the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.). These entities also function as “school districts” as defined in paragraph (2)(d) of this rule. A list of schools meeting this definition will be provided to the School Safety Specialists annually by July 1.

(c) “School-based mental health services provider” means a school psychologist certified under Rule 6A-4.0311, F.A.C., a school social worker certified under Rule 6A-4.035, F.A.C., a school counselor certified under Rule 6A-4.0181, F.A.C., or a mental health professional licensed under Chapter 490 or 491, F.S., who is employed or contracted by a district or school to provide mental health services in schools.

(d) “School district” or “district” means a Florida school district, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), Developmental Research (Laboratory) Schools (Section 1002.32, F.S.), and universities or Florida College System institutions that sponsor charter schools (Section 1002.33(5), F.S.).

(e) “Student Support Management Plan” or “SSMP” means an ongoing intervention and monitoring plan implemented by the school-based threat management team. The SSMP may impose requirements on a student of concern for a defined period of time based on the level of concern. The SSMP is reviewed each month by the School Based Threat Management Team (SBTMT).

(f) “Threat Assessment” means the identification of individuals exhibiting threatening or other concerning behavior.

(g) “Threat Management” means the multipart process by which schools identify individuals exhibiting threatening or other concerning behavior, assess the risk of harm, and coordinate appropriate interventions and services for such individuals, as provided in Section 1006.07(7), F.S.

(3) Required policies.

(a) Each school district and charter school governing board must adopt policies, consistent with this rule, for the establishment of threat management teams and for the completion of threat assessments. These policies must include providing guidance by training all students, faculty, and staff regarding recognition of concerning behavior or threats and must identify members of the school community to whom concerning behaviors and threats should be reported, pursuant to Section 1006.07(7)(c), F.S. At a minimum, the policies must address to whom the training will be delivered, the method of delivery, and the frequency the trainings will be required. These policies must also include procedures for referrals to mental health services, pursuant to Section 1012.584(4), F.S., and referrals for threats of self-harm, consistent with Section 394.463, F.S.

(b) Parental notification.

1. School districts and charter school governing boards must, at a minimum, require parental notification in the following circumstances:

a. If the SBTMT Chair determines the report of a concerning behavior or threat is a Low level of concern and summarily closes the case, the Chair or designee must use reasonable efforts to notify the parent or guardian of the student of concern.

b. If the Chair does not summarily close the case and refers it to the SBTMT, reasonable efforts must be made to notify the student of concern’s parent or guardian on the same day the SBTMT implements the interim SSMP and assigns the final level of concern.

c. If the final level of concern is High, the SBTMT Chair or designee must notify the superintendent or designee to ensure that the notice requirements of Section 1006.07(7)(e), F.S., are met.

d. Parents or guardians must also be notified if the threat management process reveals information about their student’s mental, emotional, or physical health or well-being, or results in a change in related services or monitoring, including but not limited to implementation of an SSMP.

e. Once an SSMP is finalized and anytime it is substantively revised, the SBTMT Chair or designee must provide a copy of the SSMP to the student of concern’s parent or guardian. The targeted student's parent or guardian should also be informed that an SSMP has been implemented.

f. Where a report of concern includes an identified student target, the Chair must make a reasonable effort to notify the parent or guardian of the targeted student before the end of the school day that the report was received unless the Chair has determined the concern is unfounded. As provided for in the Florida Harm Prevention and Threat Management Manual (Form OSS-001), the unfounded summary disposition should only be used when it is clear and articulable that there is no basis for concern. If there is any doubt, the case should be forwarded to the full SBTMT for further evaluation and parent notification should occur. Nothing herein prevents the school from notifying parents or guardians if they believe it is in the best interest of the student.

2. “Reasonable effort to notify” means the exercise of reasonable diligence and care to make contact with the student’s parent or guardian, typically through the contact information shared by the parent or guardian with the school or school district. The SBTMT Chair or designee must document all attempts to make contact with the parent or guardian.

3. Timelines for required notice may be modified where the SBTMT reasonably believes and documents that such disclosure would result in abuse, abandonment, or neglect, as defined in Section 39.01, F.S.

(c) Education records. Threat assessments and records related to threat management are considered education records as defined by the Family Educational Rights and Privacy Act (FERPA) and Sections 1002.22 and 1002.221, Florida Statutes. Policies relating to access, maintenance, and retention of these records must be consistent with Rule 6A-1.0955, F.A.C., Education Records.

(4) Florida Harm Prevention and Threat Management Model (“Florida Model”). Threat management and assessment of concerning behaviors or communications must be conducted in accordance with the Florida Model, as follows:

(a) District Threat Management Coordinator (DTMC). Each school district superintendent must designate a Primary District Threat Management Coordinator to oversee threat management at all public K-12 schools, including charter schools sponsored by or under contract with the district. Each school district superintendent must also designate a Secondary District Threat Management Coordinator to provide support to the district’s threat management process at the discretion of the Primary DTMC. Before a person can be designated as Primary or Secondary DTMC, that person must have already received DTMC training offered by the Office. Where there is no superintendent, the lead administrator for the school district must assign the Threat Management Coordinators.

1. The Primary DTMC must:

a. Ensure that all district-level and school-level threat management team personnel are trained in threat management and on the Florida Model;

b. Serve as Chair of the District Threat Management Team and as the liaison to the Department of Education’s Office of Safe Schools (“Office”); and

c. Assist SBTMTs in the district.

2. Each school district school superintendent, or lead administrator if there is no superintendent, must report the name, phone number, and email address of the Primary and Secondary District Threat Management Coordinator to the Office at FloridaModel@fldoe.org. This information must be reported annually by August 1, and must be updated within one (1) school day if there is a change in the information provided.

(b) District Threat Management Team (DTMT). Each school district superintendent must designate a DTMT that will receive referrals from the SBTMTs, assess serious situations, and provide support to school-based teams, including charter schools in their district. The DTMT must include the Primary DTMC as Chair, Secondary DTMC, persons from school district administration and persons with expertise in counseling, instruction, and law enforcement. Where there is no superintendent, the lead administrator for the district must assign the DTMT. Districts with three (3) or fewer schools may request approval to alter the DTMT membership by emailing the Office at FloridaModel@fldoe.org. The Office will grant requests that demonstrate that the duties of the DTMT can be executed with fidelity.

(c) School Based Threat Management Team (SBTMT). Each school must have an SBTMT comprised of four (4) members (“Core Four”), at a minimum, including persons with expertise in counseling, instruction, school administration, and law enforcement. The principal or equivalent administrative head of the school is responsible for appointing team members. The SBTMT must also include a member with personal knowledge of the student of concern who is the subject of threat management. Team members must meet the following requirements:

1. The counseling team member must be a school-based mental health services provider that is able to access student mental health records. This must not be the school principal, or equivalent.

2. The instructional team member must meet the definition of instructional personnel under Section 1012.01(2)(a)-(d), F.S., or must hold a current Florida Educator Certificate under Section 1012.56, F.S. This must not be the school principal, or equivalent.

3. The school administrator team member must meet the definition of administrative personnel found in Section 1012.01(3), F.S. This must not be the school principal, or equivalent, unless they are the only administrator at the school, because the principal has administrative oversight of the SBTMT. In the event the principal is the only administrator at the school, the Principal must notify the district’s DTMC. The DTMC must in turn notify the Office at FloridaModel@fldoe.org.

4. The law enforcement team member must be a sworn law enforcement officer, as defined by Section 943.10(1), F.S., including a School Resource Office, school-safety officer, or other active law enforcement officer. At a minimum, a law enforcement officer serving on a threat management team must have access to local Records Management System information, the Criminal Justice Information System, and the Florida Crime Information Center and National Crime Information Center databases. Officers serving on school-based threat management teams must also have clearance to review Criminal Justice Information and Criminal History Record Information. A school guardian, as defined under Section 1006.12(3), F.S., or a school security guard, as defined under Section 1006.12(4), F.S., may not serve as the law enforcement member of a threat management team. This must not be the school principal, or equivalent.

5. If none of the team members are familiar with the student of concern, the SBTMT Chair must assign a member of the school’s staff who is familiar with the student to consult with and provide background information to the threat management team. The person must be instructional or administrative personnel, as defined in Section 1012.01(2) and (3), F.S. Consulting personnel do not have to complete Florida Model training and must not participate in the decision-making process.

(d) Threat Management Chair and Vice Chair. The principal of each school must appoint a Chair and Vice Chair of the SBTMT. The Chair serves as the point person for threat management at the school-level and is responsible for triaging reported threats or concerning behavior and communications to determine whether the matter should be summarily closed or whether it should be reviewed by the full SBTMT.

(e) Instrument. Each SBTMT and DTMT must use the Florida Model to assess the behavior of students who may pose a threat of harm to themselves or others and to coordinate intervention and services for such students. All reported threats or concerning behaviors and communications, even those determined to be unfounded, must be documented by the SBTMT along with any resultant action, using the Florida Model Instrument.

(f) Meetings. At a minimum, the Core Four members of each SBTMT must meet as often as needed to fulfill its duties of assessing and intervening with students whose behavior may pose a threat of harm to themselves or others, but no less than monthly. Documentation of these meetings must be maintained in the Florida Safety and Threat Management Portal (FSTMP), and at a minimum must include meetings dates, team members in attendance, SSMPs discussed with accompanying actions taken, and any other items discussed. If the SBTMT has no active SSMPs to discuss, they must document any other discussion points discussed at their meeting. DTMTs must meet as needed to review and consult with SBTMTs and must meet timeframes set forth in the Florida Threat Management Manual, but no less than monthly to discuss relevant data, strategies and interventions with collaborative stakeholders, provide ongoing support to SBTMTs, and ensure continuous improvement and fidelity in the implementation of the Florida Model.

(g) Training.

1. All members of SBTMTs and DTMTs must be trained on the Florida Model through training provided by or approved by the Office of Safe Schools, as follows:

a. All SBTMT and DTMT members must complete Day One Florida Model training.

b. The DTMC must complete additional training specific to the coordinator role.

c. School principals, the SBTMT Chair, and the SBTMT Vice Chair must complete additional training specific to their respective roles.

d. The district Florida Model Trainers must complete additional training specific to the Trainer role.

2. District and school-level teams must be designated before the start of the school year. Team members who have not previously completed training must complete Florida Model training before the start of the school year. Those appointed to threat management teams after the start of the school year must complete Florida Model training within sixty (60) calendar days of appointment. For assistance in accessing this training, districts must contact the Office in writing at FloridaModel@fldoe.org.

3. District and school-level team members who have been fully trained in a previous school year must complete an annual refresher training provided by the Office within the first sixty (60) calendar days of school. Any district or school-level team member who does not complete the annual refresher within the first sixty (60) calendar days of school must not serve on the SBTMT or DTMT in any capacity until such time as they retake and successfully complete Day One Florida Model Training.

(h) Reporting. Each DTMC must ensure that all threat management teams in the district utilize FSTMP to document and manage all reported threats or concerning behaviors and communications. Each DTMC must report by July 1 each year in the Florida School Safety Assessment Tool that all data in FSTMP accurately reflect the teams’ activities during the previous school year.

(5) Florida Safety and Threat Management Portal. Each SBTMT and DTMT must utilize the Florida Model Instrument in the (FSTMP) to document and manage all reported threats or concerning behaviors and communications. FSTMP will be accessible via the Department’s Single Sign-On application, available at www.fldoe.org/sso. Access to FSTMP is limited to SBTMTs, DTMTs, and Department employees who need access in order to carry out their official duties.

(6) Charter Schools. Charter schools are responsible for establishing SBTMTs and conducting threat assessments as required by this rule. DTMCs and DTMTs must oversee and support charter schools sponsored by or under contract with the district to the same extent they do for traditional public schools.

(7) Charter Schools Sponsored by a College or University. The Florida College System institution or university board of trustees must establish a DTMT and assign a Primary and Secondary DTMC to oversee and provide support for threat management for all charter schools that fall under the sponsoring entity, in accordance with the Florida Model. Charter schools are responsible for establishing SBTMTs and conducting threat assessments as required by this rule.

(8) Virtual Schools. Virtual schools are responsible for establishing SBTMTs and conducting threat assessments as required by this rule. Florida Virtual School must also establish a DTMT and assign a Primary and Secondary DTMC.

(9) The following form is hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400. The Threat Management Instrument forms must be completed within FSTMP.

Florida Harm Prevention and Threat Management Manual, Form OSS-001 (http://www.flrules.org/Gateway/reference.asp?No=Ref-19372), effective July 1, 2026.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1001.11(9), 1001.212(12) FS. Law Implemented 1001.11(9), 1001.212(12), 1006.07(7) FS. History–New 9-26-23, Amended 7-2-24, 8-19-25, 5-21-26.

Fla. Admin. Code R. 6A-1.0020 Florida Safe Schools Canine Program

(1) The purpose of this rule is to set forth requirements relating to the Florida Safe Schools Canine Program whereby a person, school, or business entity can be designated as a Florida Safe Schools Canine Partner (FSSCP) if the person, school, or business entity provides a monetary or in-kind donation to a law enforcement agency to purchase, train, or care for a firearm detection canine.

(2) Definitions.

(a) “Firearm detection canine” means any canine that is owned or the service of which is employed by a law enforcement agency for use in Florida’s K-12 schools for the primary purpose of aiding in the detection of firearms and ammunition. A firearm detection canine must be trained to interact with children and must complete behavior and temperament training.

(b) “Law enforcement agency” means any federal, state, or local law enforcement agency located in Florida.

(c) “School” means a K-12 public school, as defined in Section 1003.01(2), F.S., a charter school, as defined in Section 1002.33, F.S., or a private school as defined in Section 1002.01, F.S.

(3) Eligibility. Individuals, schools, or businesses must meet the following criteria in order to be eligible for the designation as a Florida Safe Schools Canine Partner:

(a) Donation. A law enforcement agency may nominate a person, school, or business entity to be designated as a FSSCP, or such person, school, or business entity may apply to the Office to be designated as a FSSCP if a monetary or in-kind donation is made to a law enforcement agency for the purchase, training, or care of a firearm detection canine.

1. Individuals must make a minimum monetary or in-kind donation valued at $500.00, and schools or business entities must make a minimum monetary or in-kind donation valued at $1,000.00.

2. In-kind donations are non-cash gifts and must be accompanied by verification of the value of the gift as determined by the donor, such as a receipt, appraisal, or other documentation accepted by the receiving law enforcement agency.

(b) Notwithstanding any other provision of this rule, the Department retains sole discretion to determine eligibility.

(4) Nomination and Application Process. Beginning with the 2023-24 school year, nominations and applications will be accepted on a rolling basis, as follows:

(a) A law enforcement agency may nominate a person, school, or business entity for the designation by submitting an online Florida Safe Schools Canine Partner Nomination Form available at www.fldoe.org/safe-schools/canine.

(b) A person, school, or business entity may apply for the designation for themselves by submitting an online Florida Safe Schools Canine Partner Application Form, available at www.fldoe.org/safe-schools/canine.

(c) A Nomination or Application must include documentation from the law enforcement agency certifying the date of the donation and that the donation is for the purchase, training, or care of a firearm detection canine.

(d) The Office of Safe Schools (“Office”) will review the Nomination or Application and will notify the law enforcement agency or applicant in writing that the form was received, whether there are any missing or deficient elements, and whether there is a need for additional information.

(5) Designation. The Office will notify applicants and nominees who meet the eligibility criteria in subsection (3), and nominees will be given the opportunity to accept the designation. Within thirty (30) days of receipt of the notice, the nominee must:

(a) Certify the information in the notice is true and accurate and accept the nomination;

(b) Provide corrected information for consideration by the Office and indicate an intention to accept the nomination; or

(c) Decline the nomination.

(d) If the nominee declines the nomination or does not accept the nomination within thirty (30) days, it will not be awarded.

(e) Once awarded, individuals, schools, and businesses will maintain their designation as a Florida Safe Schools Canine Partner for one (1) calendar year.

(f) Florida Safe Schools Canine Partners may elect to discontinue their designated status by contacting the Office at SafeSchools@fldoe.org.

(6) Use of the Florida Safe Schools Canine Partner logo.

(a) A person, school, or business that has been designated a Florida Safe Schools Canine Partner will be provided electronic copies of the FSSCP logo.

(b) The logo may be displayed by Florida Safe Schools Canine Partners in print or digital formats and may only be reproduced from approved artwork provided by the Office. The logo may not be recreated by any other means, in any other form, or altered in any way, including the use of unapproved tag lines, abbreviations, or translations.

(c) Display of the FSSCP logo does not mean that the Florida Department of Education approves of or endorses the individual or entity displaying the logo. Use of the Florida Department of Education’s name or logo is prohibited.

(d) A person, school, or business entity that has not been designated as a Florida Safe Schools Canine Partner, whose designation has expired, or has elected to discontinue its designated status may not display the logo.

(7) The following forms are hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400.

(a) Nomination Form for a Florida Safe Schools Canine Partner, Form FSSCP-001 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15902) effective September 2023.

(b) Application Form for a Florida Safe Schools Canine Partner, Form FSSCP-002 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15903) effective September 2023.

History

• Rulemaking Authority 1001.02(l), (2)(n), 1006.121(8) FS. Law Implemented 1001.212, 1006.121 FS. History‒New 9-26-23.

Fla. Admin. Code R. 6A-1.002 District School Budgets

History

• Rulemaking Authority 1001.01, 1010.01 FS. Law Implemented 120.55(1)(a), 1011.01, 1011.02, 1011.03 FS. History–New 9-17-72, Amended 2-18-74, Repromulgated 12-5-74, Amended 7-10-85, Formerly 6A-1.02, Amended 3-12-86, 10-13-88, 9-22-08, Repealed 4-25-17.

Fla. Admin. Code R. 6A-1.0021 Annual School Budget Form

History

• Rulemaking Authority 237.06 FS. Law Implemented 237.06 FS. History–New 5-12-65, Amended 4-11-70, Formerly 6A-1.021, Repealed 9-17-72.

Fla. Admin. Code R. 6A-1.0022 Method of Accounting

History

• Rulemaking Authority 229.053(1), 237.01 FS. Law Implemented 237.01, 237.031 FS. History–New 9-17-72, Amended 12-5-74, Formerly 6A-1.022, Repealed 8-30-88.

Fla. Admin. Code R. 6A-1.003 Budgets Certified

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 237.041, 237.081 FS. History–New 9-17-72, Amended 12-5-74, 10-7-75, Formerly 6A-1.03, Repealed 8-30-88.

Fla. Admin. Code R. 6A-1.004 School District Budget Requirements

(1) The District Summary Budget shall be prepared in a format provided by the Commissioner, advertised, presented at a public hearing pursuant to the advertisement, adopted by the board and submitted to the Department of Education in the manner prescribed in Rule 6A-1.0071, F.A.C. When submitted, the budget document shall be certified by the superintendent of schools as official, correct and approved by the district school board.

(2) The following items are included in the District Summary Budget:

(a) Estimated revenue: federal, state and local;

(b) Estimated non-revenue ‒ loans, bond sales, etc.;

(c) Operating appropriations;

(d) Transfers, debt service, and capital projects appropriations; and

(e) Ending balances and reserves.

(3) A budget shall not be considered to be officially received until all required forms, schedules, analyses and certifications have been received, including Forms ESE 139, District Summary Budget (http://www.flrules.org/Gateway/reference.asp?No=Ref-19203) (effective May 2026), and ESE 524, Resolution Determining Revenues and Millages Levied (http://www.flrules.org/Gateway/reference.asp?No=Ref-05988) (effective December 2015). Forms ESE 139 and ESE 524 are hereby incorporated by reference and may be obtained from the Office of Funding and Financial Reporting, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1001.42(12)(b), 1011.01(2)(a), (3)(a), 1011.60(1), (5) FS. Law Implemented 200.065, 1001.42(12)(b), 1011.01(2)(a), (3)(a), 1011.02, 1011.03, 1011.60(1), (5) FS. History–New 3-26-66, Amended 9-17-72, 2-18-74, Repromulgated 12-5-74, Amended 11-29-78, 7-10-85, Formerly 6A-1.04, Amended 10-4-88, 9-22-08, 3-13-12, 11-13-12, 11-19-13, 11-4-14, 12-2-15, 4-25-17, 11-28-18, 10-24-19, 12-22-20, 11-23-21, 11-23-22, 2-20-24, 5-21-26.

Fla. Admin. Code R. 6A-1.005 Commissioner of Education to Submit Reports on Budgets

History

• Rulemaking Authority 237.13 FS. Law Implemented 237.13, 237.14, 237.15 FS. History–New 5-12-65, Formerly 6A-1.05, Repealed 9-17-72.

Fla. Admin. Code R. 6A-1.006 Budget Amendments

History

• Rulemaking Authority 1001.02(1), 1011.06 FS. Law Implemented 1010.01, 1011.06, 1011.60(5) FS. History–New 9-17-72, Amended 2-13-74, Repromulgated 12-5-74, Amended 2-21-77, 1-7-81, 5-24-84, Formerly 6A-1.06, Repealed 8-20-17.

Fla. Admin. Code R. 6A-1.007 Execution of the Budget

(1) It shall be the duty of the superintendent of schools and district school board to take whatever action is necessary during the fiscal year to keep expenditures and obligations within the budgeted income, provided that:

(a) Any amount appropriated for the payment of indebtedness during the fiscal year shall be paid as budgeted, or as the budget may have been officially amended. Failure to make such payment shall be deemed a violation of the school budget law.

(b) Any accounts carried over from the previous year according to prescribed principles of accounting which are charged to the previous year’s business shall be paid from the first funds available which may be used for that purpose by the school board. At no time, including the close of the fiscal year, shall an overdraft be created or shown against any fund or depository account.

(c) Cash balances remaining in any district interest and sinking fund or from the proceeds of any bond issue not otherwise restricted, after all obligations have been satisfied, shall be transferred to another fund or funds as authorized by resolution of the school board.

(2) No expenditures shall be authorized or obligation incurred that is in excess of a budgetary appropriation. The school board shall adopt procedures whereby adjustments to the original budget are made, as needed, in order to comply with this rule.

(a) The school board shall approve amendments to the district school budget whenever the function and object amounts in the accounts prescribed by the State Board for the budget form are changed in the original budget approved by the school board.

(b) The school board may adopt procedures whereby amendments to the Special Revenue – Other Fund are considered approved by the school board at the time the board approves an entitlement grant, if such grant application includes a budget summary. The effect of such grant shall be reflected in the next monthly district financial report to the school board.

History

• Rulemaking Authority 1001.02(1), 1010.01, 1011.06 FS. Law Implemented 1010.01, 1011.05, 1011.06, 1011.60(5) FS. History–New 4-11-70, Amended 9-17-72, Repromulgated 12-5-74, Formerly 6A-1.07, Amended 8-30-88, 8-20-17.

Fla. Admin. Code R. 6A-1.0071 Fiscal Reporting Dates

The following dates shall apply to the fiscal reporting and budgeting process of each school district.

(1) The final budget prepared under procedural steps and time intervals specified in Section 200.065, F.S., shall be submitted to the Commissioner no later than the third business day following the day of adoption by the school board.

(2) No budget amendment shall be approved by the district school board after the due date for the annual financial report for that year.

(3) The annual financial report and all official parts thereof must be submitted to the Commissioner no later than September 11 of each year. The annual financial report is composed of the following forms: Form ESE 348, Report of Financial Data to the Commissioner of Education (http://www.flrules.org/Gateway/reference.asp?No=Ref-19204) (effective May 2026), which is incorporated by reference in this rule This form may be obtained from the Administrator of the Office of Funding and Financial Reporting, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(4) In the event of an emergency or unusual circumstances and upon written request by the superintendent of schools, the Commissioner shall have authority to grant an extension of reporting dates not specified by statute.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1011.01(3)(a), 1011.60(1), (5) FS. Law Implemented 1011.01(3)(a), 1011.60(1), (5) FS. History–New 9-12-72, Amended 2-13-74, 12-5-74, 5-5-75, 10-7-75, 7-22-76, 6-7-77, 1-7-81, 7-10-85, Formerly 6A-1.071, Amended 3-12-86, 10-4-88, 9-22-08, 2-1-12, 11-13-12, 11-19-13, 11-4-14, 2-9-16, 8-20-17, 11-28-18, 10-24-19, 12-22-20, 11-23-21, 11-23-22, 2-20-24, 5-21-26.

Fla. Admin. Code R. 6A-1.008 Financial Statements

At least monthly the superintendent of schools shall submit, for use and consideration of the school board, a financial statement in a form prescribed by the school board.

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1001.42(10), 1010.02, 1011.06 FS. History–New 9-17-72, Amended 12-5-74, Formerly 6A-1.08.

Fla. Admin. Code R. 6A-1.0081 Charter School and Charter Technical Career Center Financial Statements and Financial Conditions

The following provisions have been established to prescribe the format for a charter school or charter technical career center’s monthly or quarterly financial statement required by Sections 1002.33(9)(g) and 1002.34(11)(f), F.S., respectively, and to administer the requirements of Section 1002.345(4), F.S.

(1) Monthly or quarterly financial statement.

(a) A charter school or charter technical career center shall provide a financial statement to the school or center’s sponsor in accordance with Sections 1002.33(9)(g) and 1002.34(11)(f), F.S., respectively, on form IEPC-F1, Governmental Accounting Standards Board (GASB) Monthly Financial Form (http://www.flrules.org/Gateway/reference.asp?No=Ref-03235) or IEPC-F2, Non-Profit Monthly Financial Form (http://www.flrules.org/Gateway/reference.asp?No=Ref-03236), hereby incorporated by reference to become effective November 2013. Forms IEPC-F1 and IEPC-F2 may be obtain by contacting the Office of Independent Education and Parental Choice, 325 West Gaines Street, Tallahassee, Florida 32399-0400. The school shall provide notes to the financial statement, if applicable, to include other information material to the financial statement. Material is defined as when the magnitude of an omission or misstatement of accounting information that, in the light of surrounding circumstances, makes it probable that the judgment of a reasonable person relying on the information would have been changed or influenced by the omission or misstatement.

(b) The sponsor shall determine whether the financial statement must be prepared on a cash or accrual basis and the selected format shall apply to all schools and centers in the district.

(c) Financial statements shall be formatted in accordance with the accounts and codes prescribed in the publication titled, “Financial and Program Cost Accounting and Reporting for Florida Schools,” which is adopted in Rule 6A-1.001, F.A.C.

(d) Charter schools and centers and sponsors shall agree in writing to the date by which the financial statements are to be submitted, with the due date being no more than thirty (30) days after the last day of the reporting period.

(e) Sponsors shall not require that monthly or quarterly financial statements be prepared by an independent certified public accountant, unless otherwise agreed to in the charter or a financial recovery plan.

(f) The reporting requirements of this subsection are supplemental to any financial reporting requirements already established in the school or center’s charter.

(2) Deteriorating financial condition. A deteriorating financial condition is defined as a circumstance that significantly impairs the ability of a charter school or charter technical career center to generate enough revenues to meet its expenditures without causing the occurrence of a condition described in Section 218.503(1), F.S., or a circumstance that has resulted or will result in the occurrence of a condition described in Section 218.503(1), F.S., if action is not taken to assist the school or center.

(a) A deteriorating financial condition may be identified in one of the following ways:

1. The sponsor may determine that a deteriorating financial condition exists through review of a charter school or charter technical career center’s monthly or quarterly financial statement. A deteriorating financial condition may include, but is not limited to, the existence of one or more of the following circumstances:

a. The school or center’s actual enrollment is seventy (70%) percent or less of the projected enrollment for which the budget is based, or the enrollment is insufficient to generate enough revenues to meet expenditures;

b. The school or center’s actual expenses exceed budgeted expenses for a period of at least three (3) consecutive months in an amount that the school does not have sufficient reserves to compensate; or

c. The school or center experiences an unbudgeted financial event for which the charter school has insufficient reserves to compensate.

2. An auditor may determine that a deteriorating financial condition as defined by Section 1002.345(1)(a)3., F.S., exists based on an annual audit performed pursuant to Section 218.39, F.S. If such a condition is identified, the auditor shall notify each member of the charter school or charter technical career center’s governing board in accordance with Section 218.39(5), F.S. Upon receipt of notification, the governing board shall notify the sponsor of the deteriorating financial condition in writing within seven (7) business days.

(b) Upon determination under subparagraph (2)(a)1., of this rule or receipt of notification under subparagraph (2)(a)2. of this rule that a deteriorating financial condition exists, the sponsor shall initiate an expedited review and notify the governing board of the charter school and the Department of Education within seven (7) business days. The charter school and sponsor shall develop a corrective action plan pursuant to Section 1002.345(1)(c), F.S.

(3) Developing corrective action plans.

(a) If a corrective action plan is required due to the charter school or charter technical career center’s failure to provide for an audit or failure to comply with statutory reporting requirements, the Commissioner shall maintain a record of the corrective action plan.

(b) If the corrective action plan is required due to the identification of a deteriorating financial condition or a condition specified in Section 218.503(1), F.S., the Commissioner shall review the corrective action plan within thirty (30) days of receipt to determine whether the strategies identified in the plan adequately address the financial challenges facing the charter school or charter technical career center.

1. If the Commissioner determines that the corrective action plan is sufficient, the Commissioner shall maintain a record of the corrective action plan and the charter school or charter technical career center’s governing board shall implement and monitor the corrective action plan in accordance with Sections 1002.33(9)(j)3. and 1002.34(13), F.S., respectively.

2. If the Commissioner determines that the corrective action plan is insufficient and a financial recovery plan is needed to resolve the condition, the charter school or charter technical career center shall be considered in a state of financial emergency pursuant to Section 218.503(4)(c), F.S.

(c) The corrective action plan shall include the following components:

1. A statement of the condition in Section 1002.345(1), F.S., that initiated the development of a corrective action plan. If the corrective action plan is required due to a deteriorating financial condition, the plan must include the three (3) most recent financial statements submitted to the sponsor pursuant to subsection (1) of this rule and the most recent annual financial audit.

2. A description of actions that will be taken to resolve the condition, including a timeline.

3. A summary of the governing board’s procedures for monitoring implementation of the plan.

4. A schedule for the governing board to provide progress reports to the sponsor.

5. Any additional components deemed necessary and agreed upon by the charter school governing board and the sponsor.

(d) If the governing board and the sponsor are unable to agree on a corrective action plan, a letter signed by both parties shall be sent to the Office of Independent Education and Parental Choice requesting the involvement of the Commissioner pursuant to Section 1002.345(1)(c), F.S. The letter shall include:

1. A statement of the condition in Section 1002.345(1), F.S., that initiated the development of a corrective action plan.

2. A summary of the proposed corrective action for each party.

Within thirty (30) days of receipt of the request, the Commissioner shall determine the components of the corrective action plan, including the reporting requirements for the governing board and monitoring requirements for the sponsor.

(4) Determining a state of financial emergency.

(a) If the Commissioner is notified pursuant to Section 1002.345(2)(a)1., F.S., that a charter school or charter technical career center’s financial audit reveals one or more of the conditions specified in Section 218.503(1), F.S., the governing board and the sponsor shall develop a corrective action plan for submission and review pursuant to paragraph (3)(b) of this rule.

(b) If the Commissioner is notified pursuant to Section 218.503(2), F.S., that one or more of the conditions specified in Section 218.503(1), F.S., have occurred or will occur if action is not taken to assist, the governing board and the sponsor shall develop a corrective action plan for submission and review pursuant to paragraph (3)(b) of this rule.

(5) Developing financial recovery plans.

(a) If the Commissioner determines that a charter school or charter technical career center is in a state of financial emergency, the financial recovery plan prepared and filed in accordance with Section 1002.345(2)(a)2., F.S., by the school or center’s governing board shall replace any existing corrective action plan created pursuant to paragraph (3)(b) of this rule.

(b) The financial recovery plan shall include the following components:

1. A statement of the condition identified in Section 218.503(1), F.S., that resulted in the determination of a state of financial emergency.

2. A description of the actions that will resolve or prevent the condition, including a timeline.

3. A summary of the governing board’s procedures for monitoring the implementation of the plan.

4. A schedule for the governing board to provide progress reports to the Commissioner and the sponsor.

5. Any additional components deemed necessary by the school or center’s governing board.

(c) The Commissioner shall review and approve or reject financial recovery plans pursuant to Section 218.503(4), F.S., within thirty (30) days of receipt.

(6) Correspondence. All correspondence to the Commissioner of Education related to the financial condition of a charter school or charter technical career center shall be addressed to the Office of Independent Education and Parental Choice, 325 W. Gaines Street, Suite 1044, Tallahassee, Florida 32399-0400. In addition, electronic correspondence related to the school or center’s financial condition shall be sent to charterschools@fldoe.org. This includes notifications that a financial condition identified in Section 218.503(1), F.S., has occurred or will occur, requests for the involvement of the Commissioner in creating a corrective action plan, completed corrective action plans, and completed financial recovery plans.

History

• Rulemaking Authority 1002.33(28), 1002.345 FS. Law Implemented 218.39, 1002.33(9)(g), 1002.34(11)(f), 1002.345 FS. History–New 5-3-10, Amended 11-19-13.

Fla. Admin. Code R. 6A-1.009 Establishment of District Capital Improvement Fund

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.084, 236.35, 237.01 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 2-18-74, 12-5-74, 3-10-75, Formerly 6A-1.09, Transferred to 6A-2.200.

Fla. Admin. Code R. 6A-1.010 Administration of Bond Construction Funds and Interest and Sinking Funds

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 237.09 FS. History–New 4-11-70, Formerly 6A-1.10, Repealed 9-17-72.

Fla. Admin. Code R. 6A-1.011 Project or Construction Accounts for Capital Outlay Projects

Separate project accounts or construction accounts shall be kept for all capital outlay projects which are subject to the provisions of Section 1013.371(3), F.S.

History

• Rulemaking Authority 1001.02(1), 1010.01 FS. Law Implemented 1010.01, 1011.012, 1013.371(3) FS. History–New 9-17-72, Amended 12-5-74, Formerly 6A-1.11, Amended 12-4-89.

Fla. Admin. Code R. 6A-1.012 Purchasing Policies

Each district school board shall establish purchasing rules which shall include but not be limited by the following:

(1) Definitions:

(a) The term “competitive solicitation” shall be defined for the purposes of this rule to include purchasing made through the issuance of an invitation to bid, request for proposals and invitation to negotiate. Competitive solicitations are not required for purchases made through the pool purchase provisions of Section 1006.27, F.S.

(b) “Invitation to bid” shall be defined for the purposes of this rule as a written solicitation for competitive sealed bids. The invitation to bid is used when the district school board is capable of specifically defining the scope of work for which a contractual service is required or when the district school board is capable of establishing precise specifications defining the actual commodity or group of commodities required. A written solicitation includes a solicitation that is publicly posted.

(c) “Invitation to negotiate” shall be defined for the purposes of this rule as a written solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or contractual services. The invitation to negotiate is used when the district school board determines that negotiations may be necessary for it to receive the best value. A written solicitation includes a solicitation that is publicly posted.

(d) The term “proposer” shall be defined for the purposes of this rule to include those vendors submitting bids or responses to a competitive solicitation.

(e) “Request for proposals” shall be defined for the purposes of this rule as a written solicitation for competitive sealed proposals. The request for proposals is used when it is not practicable for the district school board to specifically define the scope of work for which the commodity, group of commodities, or contractual service is required and when the district school board is requesting that a responsible vendor propose a commodity, group of commodities, or contractual service to meet the specifications of the solicitation document. A written solicitation includes a solicitation that is publicly posted.

(f) The term “superintendent” shall be defined for the purposes of this rule to mean “superintendent or designee.”

(2) The superintendent may be authorized to purchase commodities or contractual services where the total amount does not exceed an amount prescribed by the school board, and does not exceed the applicable appropriation in the district budget. The superintendent may also be authorized to purchase commodities or contractual services under Department of Management Services state term contracts. Assistants functioning under the superintendent’s direction may be authorized to perform these purchasing tasks. No person, unless authorized to do so under the rules of the district school board, may make any purchase or enter into any contract involving the use of school funds; no expenditures for any such unauthorized purchase or contract shall be approved by the district school board.

(3) Before making any purchase of commodities or contractual services which the superintendent is authorized by the district school board to make or before recommending any purchase to the district school board, the superintendent shall, insofar as possible, propose standards and specifications. He or she shall see that the commodities or contractual services conform to those standards and specifications, and shall take such other steps as are necessary to see that the maximum value is being received for any money expended.

(4) In each school district in which the purchasing agent for any public agency is authorized by law to make purchases for the benefit of other governmental agencies within the county, the district school board shall have the option to purchase under the current contracts as may be established for any of the public agencies as set forth above at or below the unit price stated therein, if such purchase is to the economic advantage of the district school board, subject to conformance of the items of purchase to the standards and specifications prescribed by the superintendent for said district.

(5) As required by Section 1001.42(10)(j), F.S., the district school board shall receive and give consideration to the prices available to it under rules of the Department of Management Services, Division of Purchasing. District school boards may use prices established by the Division of Purchasing through its state purchasing agreement price schedule. If district school board policy provides for purchasing under this program of state purchasing agreements the conditions for use shall be those imposed on state agencies.

(6) In lieu of requesting competitive solicitations from three (3) or more sources, district school boards may make purchases at or below the specified prices from contracts awarded by other city or county governmental agencies, other district school boards, community colleges, federal agencies, the public or governmental agencies of any state, or from state university system cooperative bid agreements, when the proposer awarded a contract by another entity defined herein will permit purchases by a district school board at the same terms, conditions, and prices (or below such prices) awarded in such contract, and such purchases are to the economic advantage of the district school board.

(7) Except as authorized by law or rule, competitive solicitations shall be requested from three (3) or more sources for any authorized commodities or contractual services exceeding $50,000. Districts may not divide the procurement of commodities or contractual services so as to avoid this monetary threshold requirement. District school boards, by rule, shall set this amount or a lesser amount and shall establish purchasing policy relative to purchases of a dollar value less than this formal monetary threshold.

(8) The district school board shall have the authority to reject any or all proposals submitted in response to any competitive solicitation and request new proposals or purchase the required commodities or contractual services in any other manner authorized by this section.

(9) In acceptance of responses to invitations to bid, the district school board may accept the proposal of the lowest responsive, responsible proposer. In the alternative, the district school board may also choose to award contracts to the lowest responsive, responsible bidder as the primary awardee of a contract and to the next lowest responsive, responsible bidder(s) as alternate awardees from whom commodities or contractual services would be purchased should the primary awardee become unable to provide all of the commodities or contractual services required by the district school board during the term of the contract. Nothing herein is meant to prevent multiple awards to the lowest responsive and responsible bidders when such multiple awards are clearly stated in the bid solicitation documents.

(10) In acceptance of responses to requests for proposals, district school boards may award contracts to one or more responsive, responsible proposers in accordance with the selection criteria published in the request for proposal. The district school board is not required to request proposals for purchases made from contracts of the Department of Management Services as referenced in subsections (2) and (5) of this rule.

(11) The requirement for requesting competitive solicitations for commodities or contractual services from three or more sources is hereby waived as authorized by Section 1010.04(4)(a), F.S., for:

(a) The purchase by district school boards of professional services which shall include, without limitation, artistic services; academic program reviews; lectures by individuals; auditing services not subject to Section 218.391, F.S.; legal services, including attorney, paralegal, expert witness, court reporting, appraisal or mediator services; and health services involving examination, diagnosis, treatment, prevention, medical consultation or administration; and,

(b) The purchase by district school boards of educational services and any type of copyrighted materials including, without limitation, educational tests, textbooks, printed instructional materials, computer software, films, filmstrips, videotapes, dvds, disc or tape recordings, digital recordings, or similar audio-visual materials, and for library and reference books, and printed library cards where such materials are purchased directly from the producer or publisher, the owner of the copyright, an exclusive agent within the state, a governmental agency or a recognized educational institution; and,

(12) Additional exemptions authorized under certain conditions.

(a) The requirements for requesting competitive solicitations and making purchases for commodities and contractual services as set forth in this section are hereby waived as authorized by Section 1010.04(4)(a), F.S., when the following conditions have been met by the district school board:

1. Competitive solicitations have been requested in the manner prescribed by this rule; and,

2. The district school board has made a finding that no valid or acceptable firm proposal has been received within the prescribed time.

(b) When such a finding has been officially made, the district school board may enter into negotiations with suppliers of such commodities and contractual services and shall have the authority to execute contracts with such vendors under whatever terms and conditions as the district school board determines to be in its best interests;

(c) If less than two responsive proposals for commodity or contractual services are received, the district school board may negotiate on the best terms and conditions or decide to reject all proposals. The district school board shall document the reasons that negotiating terms and conditions with the sole proposer is in the best interest of the school district in lieu of resoliciting proposals;

(d) Commodities or contractual services available only from a single source may be exempted from the competitive solicitation requirements. When a district school board believes that commodities or contractual services are available only from a single source, the district school board shall electronically or otherwise publicly post a description of the commodities or contractual services sought for a period of at least 7 business days. The description must include a request that prospective vendors provide information regarding their ability to supply the commodities or contractual services described. If it is determined in writing by the district school board, after reviewing any information received from prospective vendors, that the commodities or contractual services are available only from a single source, the district school board shall provide notice of its intended decision to enter a single source contract in the manner specified in Section 120.57(3), F.S., and may negotiate on the best terms and conditions with the single source vendor;

(e) District school boards may dispense with requirements for competitive solicitations for the emergency purchase of commodities or contractual services when the superintendent determines in writing that an immediate danger to the public health, safety, or welfare or other substantial loss to the school district requires emergency action. After the superintendent makes such a written determination, the district school board may proceed with the procurement of commodities or contractual services necessitated by the immediate danger, without requesting competitive solicitations. However, such an emergency purchase shall be made by obtaining pricing information from at least two prospective vendors, which must be retained in the contract file, unless the superintendent determines in writing that the time required to obtain pricing information will increase the immediate danger to the public health, safety, or welfare or other substantial loss to the school district;

(f) A contract for commodities or contractual services may be awarded without competitive solicitations if state or federal law, a grant or a state or federal agency contract prescribes with whom the district school board must contract or if the rate of payment is established during the appropriations process; and,

(g) A contract for regulated utilities or government franchised services may be awarded without competitive solicitations.

(13) Insofar as practicable, all purchases shall be based on contracts, purchasing card systems, electronic procurements or purchase orders. Within limits prescribed by the district school board, the superintendent shall be authorized to approve purchases under rules of the district school board; provided that in so doing, he or she shall certify that funds to cover the expenditures are authorized by the budget and have not been encumbered.

(14) A district school board, when acquiring, whether by purchase, lease, lease with option to purchase, rental or otherwise, information technology, as defined in Section 282.004(11), F.S., may make any acquisition through the competitive solicitation process as described herein or by direct negotiation and contract with a vendor or supplier, as best fits the needs of the school district as determined by the district school board.

(15) Except as otherwise required by statute, a district school board, when purchasing insurance, entering risk management programs, or contracting with third party administrators, may make any such acquisitions through the competitive solicitation process as described herein or by direct negotiations and contract.

History

• Rulemaking Authority 1001.02(1), 1006.27, 1010.04 FS. Law Implemented 1001.42(4)(j), 1006.27, 1010.04 FS. History–New 12-17-65, Amended 5-24-67, 9-17-72, 4-19-74, 9-19-74, Repromulgated 12-5-74, Amended 2-21-77, 3-10-85, Formerly 6A-1.12, Amended 6-27-89, 7-5-90, 6-10-92, 6-29-93, 4-25-96, 4-14-97, 7-17-00, 2-25-09.

Fla. Admin. Code R. 6A-1.013 Pool Purchases

Two or more districts may jointly pool their requirements and resources and designate one school board, or the Department of Education, to act as agent for all in the requisitioning, bidding, and purchasing of services or commodities. Each district participating in such a pool purchase shall pay its pro rata cost to the district designated as the agent district and each district shall show only the net cost of such purchases in its annual report. The superintendent of the agent district shall in each case furnish each cooperating district a statement certifying that the purchase complied with all applicable laws and rules. If the Department of Education is designated as the agent, purchases shall be made in accordance with the requirements of the Division of Purchasing of the Department of Management Services and such purchases shall be deemed to satisfy the legal requirements of each participating district.

History

• Rulemaking Authority 1001.02(1), 1006.27, 1010.04 FS. Law Implemented 1001.42(4)(j), 1010.04 FS. History–New 9-17-72, Repromulgated 12-5-74, Amended 2-21-77, Formerly 6A-1.13.

Fla. Admin. Code R. 6A-1.014 Expenditure of Funds in Programs and Schools Where Generated

Compliance with the expenditure requirements as set forth in Section 1010.20, F.S., shall be measured by the criteria set forth in subsections (1), (2) and (3) of this rule:

(1) Revenue generated by membership represents the product of the following six (6) factors and any adjustments by the Department for program ceilings or prior year adjustments:

(a) The number of full-time equivalent students for each program funding category;

(b) The cost factor for each program funding category;

(c) The base student allocation;

(d) The district cost differential;

(e) Other components as funded by the annual appropriations item for the Florida Education Finance Program (FEFP); and,

(f) The proration factor, if it is necessary to prorate program earnings to available revenue.

(2) Eligible expenditures as used herein include all school level direct and indirect expenditures of the general fund exclusive of expenditures for recreational and enrichment programs, community services not funded under the FEFP, land, land improvement, buildings, and remodeling. Eligible expenditures are also to include expenditures for food services in the special revenue funds. Eligible expenditures for food services shall be limited by the amount of state and local tax support for food services.

(3) The identification of cost is based on the dimensions of fund, function, object, and facility. School level costs are distinguished from district level costs as follows:

(a) School level costs:

1. Salaries and fringe benefits of teachers;

2. Salaries and fringe benefits of other instructional personnel;

3. Salaries and fringe benefits of substitutes;

4. Salaries and fringe benefits of principals and other administrative personnel;

5. Salaries and fringe benefits of pupil personnel staff working with pupils;

6. Salaries and fringe benefits of other support staff in the school;

7. School staff travel;

8. Supplies and materials used in the school center;

9. Maintenance for the school;

10. Utilities for the school;

11. Equipment, audio visual materials and library books for the school;

12. Library and audio visual materials, processing and film rentals;

13. Educational television for instructional purposes;

14. Staff training for school level instructional and non-instructional personnel;

15. Data processing for student oriented applications;

16. Curriculum coordinators assigned to the school;

17. School building related insurance;

18. Printing of instructional and other school use materials;

19. Warehousing and distribution of materials used at the school;

20. Transportation costs other than district level administration of the activity;

21. Food service costs other than district level administration of the activity; and,

22. All other costs of a school level nature.

(b) District level costs:

1. Board expense;

2. Salaries and fringe benefits of superintendent and staff;

3. Salaries and fringe benefits of other district staff including subject matter and grade level coordinators, consultants, or supervisors, as well as the district level supervisors or directors of transportation, food service, maintenance and operations;

4. Salaries and fringe benefits of other district support personnel;

5. Travel of district level personnel;

6. Supplies and materials used in district offices;

7. Bonds and general liability insurance;

8. Maintenance for district offices;

9. Utilities for district office;

10. Equipment for district level services; and,

11. All other costs of a district level nature.

History

• Rulemaking Authority 1001.02(1), 1010.02(1) FS. Law Implemented 1010.20 FS. History–New 7-20-74, Amended 9-5-74, Repromulgated 12-5-74, Amended 4-14-76, 7-12-77, Formerly 6A-1.14, Amended 6-10-87.

Fla. Admin. Code R. 6A-1.0141 Categorical Program Funds

Categorical program funds, identified in Section 1011.62, F.S., or any other ear-marked funds allocated to a school district shall be expended only in the program for which funds are provided. Any such funds, except those categorical program funds provided through contract or grant for a specific period of time, not expended by a school district as of the close of a fiscal year shall be carried forward into the following fiscal year for the same categorical purpose.

History

• Rulemaking Authority 1001.02(1), 1010.20(3)(b) FS. Law Implemented 1010.01, 1010.20(3)(b), 1011.62(6) FS. History–New 10-31-74, Repromulgated 12-5-74, Amended 4-8-75, Formerly 6A-1.141.

Fla. Admin. Code R. 6A-1.01411 Categorical Program Funds 1990-91

History

• Rulemaking Authority 229.053(1), 237.34(3)(b) FS. Law Implemented 236.081, 237.01 FS. History–New 1-8-91, Repealed 10-18-94.

Fla. Admin. Code R. 6A-1.0142 Legal Counsel for District School System

History

• Rulemaking Authority 229.053(1), 230.22(5) FS. Law Implemented 230.22(5) FS. History–New 12-5-74, Formerly 6A-1.42, Repealed 4-18-96.

Fla. Admin. Code R. 6A-1.0143 Promotion and Public Relations Funding

(1) Funds derived from auxiliary enterprises and undesignated gifts shall be disbursed in accordance with rules of the school board for such purposes as are deemed to be for the benefit of the district. For purposes of this rule funds from auxiliary enterprises will be defined as profits from enterprise type activities of the district, excluding food service activities, which may include, but are not limited to, vending machines, supply stores, and other internal account funds profits not specifically designated for student or school-level purposes.

(2) The rules of the school board may authorize the use of a portion of such funds for the purpose of promotion, public relations, and hospitality of business guests provided that such purpose will directly benefit or be in the best interest of the district. Promotions and public relations activities may include, but are not limited to, activities involving graduation, visiting committees, orientation and work conferences, recruitment of employees, official meetings and receptions, guest speakers, accreditation studies, and other developmental activities, awards or other types of recognition for meritorious performance.

(3) The rules of the school board may authorize the use of a portion of such funds for hospitality of business guests. Disbursements for any fiscal year for hospitality of business guests shall not exceed the following amounts:

District Size (Prior Year

Unweighted Full-Time

Equivalent

Total

Students)

Amount

1 – 2,000

$2,000

2001 – 5,000

$4,000

5001 – 10,000

$10,000

10,001 – 15,000

$20,000

15,001 – 25,000

$30,000

25,001 – 150,000

$50,000

150,001 or more

$75,000

(4) Funds used for purposes specified in subsections 6A-1.0143(2), (3), F.A.C., shall be expended from or district fund which generated the revenue.

History

• Rulemaking Authority 1001.02(1), 1010.08 FS. Law Implemented 1010.08 FS. History–New 7-26-84, Formerly 6A-1.143, Amended 11-15-93.

Fla. Admin. Code R. 6A-1.015 Commission to Administer Capital Outlay Programs

History

• Rulemaking Authority A12S9(a), (d)(11) FS. Law Implemented A12S9(a), (d), 229.053, 236.084, 236.35, 229.512 FS. History–New 12-5-74, Amended 3-10-75, Formerly 6A-1.15, Transferred to 6A-2.201.

Fla. Admin. Code R. 6A-1.0151 Special Advance Funding from the Public Education Capital Outlay and Debt Service Trust Fund

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 235.221, 235.42(8), (9), (10), (11), 235.4235 FS. History–New 1-27-77, Formerly 6A-1.151, Transferred to 6A-2.44.

Fla. Admin. Code R. 6A-1.016 Capital Outlay and Debt Service Administrative Expense Fund Established

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 12-5-74, Formerly 6A-1.16, Repealed 3-10-75.

Fla. Admin. Code R. 6A-1.017 Deducations for Direct Costs of Issuing State Board of Education Boards

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 12-5-74, Formerly 6A-1.17, Repealed 3-10-75.

Fla. Admin. Code R. 6A-1.018 State Board of Administration Designated as Agent for Administration of Debt Service and Investments

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 12-5-74, Formerly 6A-1.18, Repealed 3-10-75.

Fla. Admin. Code R. 6A-1.019 Investment of Undistributed Balances of CO&DS Funds and Bond Proceeds

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 12-5-74, Formerly 6A-1.19, Repealed 3-10-75.

Fla. Admin. Code R. 6A-1.020 Reimbursement of State Board of Administration for Fiscal Services

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 12-5-74, Formerly 6A-1.20, Repealed 3-10-75.

Fla. Admin. Code R. 6A-1.021 Commissioner of Education to Certify Amounts of CO&DS School Funds to Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 3-26-66, Amended 2-26-74, 12-5-74, Formerly 6A-1.21, Repealed 3-10-75.

Fla. Admin. Code R. 6A-1.022 Distribution of School District Capital Outlay and Debt Service School Funds

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 3-26-66, Amended 2-18-74, 12-5-74, Formerly 6A-1.22, Repealed 3-10-75.

Fla. Admin. Code R. 6A-1.023 CO&DS Funds to Be Calculated Separately for Junior College Units

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 12-5-74, Formerly 6A-1.23, Repealed 3-10-75.

Fla. Admin. Code R. 6A-1.024 Current CO&DS Funds to Be Deposited Locally in Special CO&DS Depository Account

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 12-5-74, Formerly 6A-1.24, Repealed 2-18-74.

Fla. Admin. Code R. 6A-1.025 CO&DS Funds to Be Administered Alike

History

• Rulemaking Authority A12S9(d)(11), 215.61(5), 229.053(1) FS. Law Implemented A12S9(d)(4), (5), 215.61(5), 236.35, 237.01, 237.031 FS. History–New 12-5-74, Formerly 6A-1.25, Transferred to 6A-2.202.

Fla. Admin. Code R. 6A-1.026 Reimbursement of Capital Outlay Funds Improperly Expended

History

• Rulemaking Authority A12S9(d)(11), 215.61(5), 229.053(1), 236.13 FS. Law Implemented A12S9(d)(4), (5), 215.61(5), 236.13 FS. History–New 12-5-74, Formerly 6A-1.26, Transferred to 6A-2.203.

Fla. Admin. Code R. 6A-1.027 Use of Current CO&DS Funds

History

• Rulemaking Authority A12S9(d)(11), 215.61(5), 229.053(1), 235.42(15) FS. Law Implemented A12S9(d)(8), 235.42, 236.35 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-1.27, Transferred to 6A-2.204.

Fla. Admin. Code R. 6A-1.028 Eligibility for Expenditure of Funds Authorized by Article XII, Section 9(d), Florida Constitution

History

• Rulemaking Authority Article XII, §9(d), Forida Constitution, 229.053(1) FS. Law Implemented Article XII, §9(d), Forida Constitution, 235.014 FS. History–New 2-20-63, Amended 2-20-71, 3-19-72, 9-17-72, 7-20-73, 12-5-74, 11-24-76, 4-28-77, 8-8-77, Formerly 6A-1.28, Transferred to 6A-2.205.

Fla. Admin. Code R. 6A-1.029 Establishing Order of Priorities for Expenditure of Funds Authorized by Article XII, Section 9(d), Florida Constitution, and Bond Proceeds

History

• Rulemaking Authority Article XII, §9(d), Forida Constitution, 229.053(1) FS. Law Implemented Article XII, §9(d), Forida Constitution, 235.41(3)(g), 235.42, 236.084(3)(a) FS. History–New 2-20-63, Amended 2-20-71, 3-19-72, 9-17-72, 7-20-73, 12-5-74, 11-24-76, 4-28-77, 8-8-77, Formerly 6A-1.29, Transferred to 6A-2.206.

Fla. Admin. Code R. 6A-1.030 Establishment of Priorities of Capital Outlay Projects

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d), 229.053, 229.512, 236.084 FS. History–New 2-20-63, Amended 3-19-72, 9-17-72, 12-5-74, Formerly 6A-1.30, Transferred to 6A-2.207.

Fla. Admin. Code R. 6A-1.0301 Issuance of Local Bonds Pledging CO&DS and Forestry Funds for Debt Service

History

• Rulemaking Authority 229.053(1), 236.37(3) FS. Law Implemented 229.053(1), 236.36, 236.37 FS. History–New 12-5-74, Formerly 6A-1.31, Transferred to 6A-2.208.

Fla. Admin. Code R. 6A-1.03025 Special Programs for Excpetional Students who Require Occupational Therapy

History

• Rulemaking Authority 1000.01, 1001.42(4)(1), 1003.01(3), 1003.21, 1003.57, 1011.62 FS. Law Implemented 1000.01, 1001.42(4)(l), 1003.21, 1011.62 FS. History–New 11-25-80, Formerly 6A-6.3025, Amended 2-12-91, Repealed 8-22-12.

Fla. Admin. Code R. 6A-1.031 Separate Priorities for Junior College Projects

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 2-20-63, Formerly 6A-1.31, Repealed 3-19-72.

Fla. Admin. Code R. 6A-1.032 Use of CO&DS Funds if There are No Capital Outlay Needs

History

• Rulemaking Authority A12S9(d)(8), 229.053(1) FS. Law Implemented A12S9(d), 236.084 FS. History–New 12-5-74, Formerly 6A-1.32, Transferred to 6A-2.209.

Fla. Admin. Code R. 6A-1.033 Procedure for Headling State Board of Education Bond Proceeds

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d), 229.053, 229.512 FS. History–New 12-5-74, Formerly 6A-1.33, Transferred to 6A-2.210.

Fla. Admin. Code R. 6A-1.034 Duty of School Board to Invest State Board of Education Bond Proceeds

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 12-5-74, Formerly 6A-1.34, Transferred to 6A-2.211.

Fla. Admin. Code R. 6A-1.035 State Board of Education Bond Proceeds to Be Expended Only as Authorized in Resolution

History

• Rulemaking Authority A12S9(d) FS. Law Implemented A12S9(d) FS. History–New 12-5-74, Formerly 6A-1.35, Transferred to 6A-2.212.

Fla. Admin. Code R. 6A-1.036 Administration of School District Supplemental Capital Outlay Funds

History

• Rulemaking Authority Chapter 72-329, Laws of Florida. Law Implemented Chapters 70-94, 70-329, Laws of Florida. History–New 3-26-66, Amended 7-7-70, 9-17-72, 12-18-72, Formerly 6A-1.36, Repealed 7-20-73.

Fla. Admin. Code R. 6A-1.037 Approval of Proposals for Issuing Special Tax School Distict Bonds

History

• Rulemaking Authority 229.053(1), 236.37(3) FS. Law Implemented 229.053(1), 236.36, 236.37 FS. History–New 12-5-74, Formerly 6A-1.37, Repealed 5-23-06.

Fla. Admin. Code R. 6A-1.038 Funding and Refunding of School District Indebtedness

(1) When any unfunded or delinquent indebtedness exists against the district general school fund or when any other type of unfunded, legally-incurred school indebtedness exists, it shall be the duty of the superintendent to prepare and the school board to approve a plan for retiring this indebtedness in accordance with the provisions of Section 1011.16, F.S., and to submit such a plan to the Commissioner for consideration.

(2) It shall be the duty of the Commissioner to assist and cooperate with the superintendent and school board in any district in which any unfunded or delinquent indebtedness exists, making recommedations regarding the plan, including determining funds necessary to operate and determining what remaining funds are available to retire debt and proposing any necessary modifications to the plan.

(3) The district school board shall not attempt to retire any such debt until the Commissioner has proposed recommendations.

History

• Rulemaking Authority 1001.02(1), 1011.16 FS. Law Implemented 1011.16 FS. History–New 2-18-74, Repromulgated 12-5-74, Amended 9-6-78, Formerly 6A-1.38, Amended 12-20-11.

Fla. Admin. Code R. 6A-1.039 Supplemental Educational Services in Title I Schools

History

• Rulemaking Authority 1008.331 FS. Law Implemented 1008.331 FS. History–New 4-14-08, Amended 5-24-09, 12-15-09, 3-20-11, 12-20-11, 8-19-13, Repealed 3-23-16.

Fla. Admin. Code R. 6A-1.0391 Evaluation of Supplemental Educational Service Providers

History

• Rulemaking Authority 1001.02(i), 1008.331(5)(d) FS. Law Implemented 1008.331(5) FS. History–New 5-3-10, Repealed 3-23-16.

Fla. Admin. Code R. 6A-1.040 Organization of Special Tax School District Trustees

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.37 FS. History–New 7-7-70, Formerly 6A-1.40, Repealed 2-20-71.

Fla. Admin. Code R. 6A-1.0401 Annual Report of Progress

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 228.165 FS. History–New 2-18-74, Amended 12-5-74, Formerly 6A-1.401, Repealed 9-6-78.

Fla. Admin. Code R. 6A-1.0402 School and District Annual Reports

History

• Rulemaking Authority 229.053(1), 229.592(5) FS. Law Implemented 229.592, 230.23(18) FS. History–New 6-2-85, Formerly 6A-1.402, Repealed 6-23-16.

Fla. Admin. Code R. 6A-1.0403 Secondary School Security Programs

History

• Rulemaking Authority 228.088, 229.053(1) FS. Law Implemented 228.088 FS. History–New 1-29-86, Repealed 4-25-17.

Fla. Admin. Code R. 6A-1.0404 Zero Tolerance for School Related Violent Crime

History

• Rulemaking Authority 229.053(1), 229.592(5) FS. Law Implemented 229.591(3), 229.592, 230.23(6)(c), (d), 230.335, 231.06, 232.26 FS., Sections 126 and 136 through 143 of Chapter 94-209, Laws of Florida. History–New 1-2-95, Repealed 10-25-10.

Fla. Admin. Code R. 6A-1.041 School Advisory Committees

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.34(8) FS. History–New 3-26-66, Formerly 6A-1.41, Repealed 9-17-72.

Fla. Admin. Code R. 6A-1.0411 District Comprehensive Planning

History

• Rulemaking Authority 229.053(1), 236.02(7) FS. Law Implemented 236.02(7) FS. History–New 1-19-73, Amended 12-5-74, 1-6-76, Formerly 6A-1.411, Repealed 9-6-78.

Fla. Admin. Code R. 6A-1.042 Legal Counsel for District School System

History

• Rulemaking Authority 229.053(1), 230.22(5) FS. Law Implemented 230.22(5) FS. History–New 12-5-74, Formerly 6A-1.42, Repealed 4-18-96.

Fla. Admin. Code R. 6A-1.0421 Temporary Inability of Superintendent of Schools to Perform the Duties of Office

History

• Rulemaking Authority 1001.02(2), 1001.49(6), 1001.50(1) FS. Law Implemented 116.34(3), 1001.49, 1001.50 FS. History–New 2-20-71, Repromulgated 12-5-74, Formerly 6A-1.421, Amended 8-30-88, Repealed 5-3-10.

Fla. Admin. Code R. 6A-1.043 Guidelines for a Unitary School System

History

• Rulemaking Authority 229.053(1), 230.22(5) FS. Law Implemented 230.22(5) FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-1.43, Repealed 3-15-99.

Fla. Admin. Code R. 6A-1.044 Pupil Attendance Records

(1) Pupil attendance records shall be maintained for any student enrolled in public schools who is earning high school credit as provided in Section 1003.436, F.S., who is funded as provided in Chapter 1011, F.S., and the Appropriations Act, or who is required to be in attendance by the compulsory attendance requirements as provided in Chapter 1003, F.S.

(2) The automated student attendance recordkeeping system as provided for in Rule 6A-1.0014, F.A.C., shall be the attendance system as used in this rule.

(3) The presence, absence, or tardiness of each student shall be checked once each day at a time or times prescribed by the school board and all absent and tardy pupils shall be recorded daily in the Automated Student Attendance Recordkeeping System as described in the Department of Education Comprehensive Management Information Automated System Attendance Recordkeeping Handbook. The attendance recordkeeping system shall provide complete and accurate attendance data and shall make provision for maintaining auditable records for three (3) years or until applicable audits are completed. The attendance records shall also show the dates of a student’s enrollment, withdrawal or re-entry in the school for the applicable year. Data shall not be recorded in temporary records, and then transferred at a later date to attendance records, except for the first ten (10) days of each school year.

(4) Attendance of all pupils must be maintained during the one hundred eighty (180) day school year or the equivalent and summer school when applicable as provided by law and rules of the State Board shall be required, except for absence due to illness, or as otherwise provided by law.

(5) For the purpose of compliance with this rule, a pupil shall be deemed to be in attendance if actually present at school, or away from school on a school day and engaged in an educational activity which constitutes a part of the school-approved instructional program for that pupil.

(6) For the purpose of recording attendance, attendance of pupils shall be reported as follows:

(a) Each pupil who is scheduled at a school center for the minimum required school day, and who is recorded as being present or tardy, shall be reported as present one (1) day.

(b) Each pupil who is scheduled at a school center for instructional purposes for a partial day, and at an area vocational-technical center, a vocational school, a community college, a university or another school center for a partial day shall be reported as present or absent for the appropriate portion of the day at each center.

(c) The attendance of a pupil who is assigned to an on-the-job instructional program which does not require his or her presence at a school center for on-the-job instructional purposes shall be reported as being in attendance when documented through the use of a time card to report actual days in attendance and a time card or work schedule to report instructional or work hours. Both the time card and schedule should be signed by the employer or instructional supervisor.

(d) The attendance of a pupil who is assigned to an instructional program which does not require his or her regular presence at a school center for instructional purposes shall be reported as present or absent at an assigned school center.

(7) The Automated Student Attendance Recordkeeping System shall be retained at the school or district level as directed by the superintendent of schools.

(8) The district school board is authorized to destroy the records contained in or produced from the Automated Student Attendance Recordkeeping System after three (3) years or the completion of an audit by the state audit agency, whichever period is longer, provided that the district shall comply with the legislative intent of Chapter 257, F.S., as expressed in Section 257.37, F.S., and shall permanently preserve attendance information for each pupil as required by Rule 6A-1.0955, F.A.C. Attendance information must be permanently preserved for pupils not covered by Rule 6A-1.0955, F.A.C.

(9) The principal shall be responsible for the administration of attendance policies and procedures and for the accurate reporting of attendance in the school under his or her direction. The principal shall assure that all teachers and clerks are instructed in the proper recording of attendance, and it shall be his or her duty to see that such instructions are followed. The principal or designee shall inspect and determine the completeness and accuracy of the records contained in the Automated Student Attendance Recordkeeping System for each of the required full-time equivalent student membership periods. At the end of each school year the principal or designee shall certify the completeness and accuracy of the automated attendance records indicating that all attendance records have been kept as prescribed by law and rules of the State Board. The method used to certify the records is based on internal district procedures. The automated student attendance records shall be readily accessible in a form prescribed in subsection (12) of this rule for state auditing and monitoring purposes. An attendance record containing any material inaccuracies, resulting from willful or intentional falsification of data by or for the principal, shall be considered a false report for which the principal shall be subject to penalties as provided by law.

(10) For FTE auditing purposes, if the principal or designee failed to sign an attendance record or report, a signed and dated certified statement from the principal or designee identifying that the record was the record used to report attendance for a particular school year, that the record has not been changed since that time, and that attendance was reported as prescribed by law and rules of the State Board may be substituted for the lack of an original signature. If neither the principal nor designee is an employee of the school district when the absence of a signature on an attendance record is discovered, the superintendent or designee may sign the certified statement. If attendance records are incomplete as to verification of full-time equivalent student membership for funding purposes prior to July 1, 2001, other records maintained by the school district may be used to verify membership provided a signed and dated certified statement is appropriately attached as provided in this subsection.

(11) The Automated Student Attendance Recordkeeping System shall be prima facie evidence of the facts which it is required to show.

(12) Forms ESE 950 Automated Individual Student Attendance Record, Grades PK-12; ESE 953 Automated Individual Student Attendance by Period Record, Grades 9-12; ESE 954 Automated Individual Student Attendance by Period Summary, Grades 9-12 and ESE 981 Automated Student Attendance by Period Summary, Grades 9-12; ESE 955, Automated Multi-Day Student Attendance Register, Grades PK-12; ESE 956, Automated Multi-Day Student Attendance by Period, Grades 9-12; ESE 957, Automated Multi-Day Adult Student Attendance Register; are hereby incorporated by reference and made a part of this rule to become effective November 2002. These forms may be obtained from Education Information and Accountability Services, Division of Accountability, Research and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.01, 1003.23 FS. Law Implemented 1003.23 FS. History–New 2-20-71, Amended 9-17-71, 10-18-71, 8-19-72, 11-18-72, Repromulgated 12-5-74, Formerly 6A-1.44, Amended 9-16-87, 1-11-88, 7-5-89, 10-3-91, 11-26-02, 2-25-09, 11-23-21, 4-30-24.

Fla. Admin. Code R. 6A-1.0441 Vocational Attendance Records

History

• Rulemaking Authority 229.053 FS. Law Implemented 232.22, 236.04(5) FS. History–New 9-17-72, Amended 11-18-72, Formerly 6A-1.441, Repealed 2-18-74.

Fla. Admin. Code R. 6A-1.0442 Educational Requirements for Application, Suspension and Reinstatement of a Driver’s License

History

• Rulemaking Authority 229.053(1), 322.0601 FS. Law Implemented 232.0601 FS. History–New 10-5-89, Amended 7-17-90, 2-16-94, Repealed 5-19-98.

Fla. Admin. Code R. 6A-1.045 Classifying Schools as Isolated or Non-isolated

History

• Rulemaking Authority 236.04 FS. Law Implemented 232.04 FS. History–New 10-5-89, Formerly 6A-1.45, Repealed 2-18-74.

Fla. Admin. Code R. 6A-1.0450 Academically High-Performing School District Virtual Instruction Plan

(1) Upon approval by the Department, each academically high-performing school district (as designated annually by the State Board of Education) may provide up to two days of virtual instruction as part of the required one hundred eighty (180) actual teaching days or the equivalent on an hourly basis each school year, described in Rule 6A-1.045111, F.A.C.

(2) The District must submit a plan for each day of virtual instruction to the department on the form entitled, Academically High-Performing School District Virtual Instruction Plan (Form AHPSD-1), effective May 2022) (http://www.flrules.org/Gateway/reference.asp?No=Ref-14150). This form is incorporated by reference any may be obtained at www.fldoe.org/ahpsd. The annual deadline for submission of the plan is posted at www.fldoe.org/ahpsd and will allow at least thirty (30) days’ notice of the deadline.

(3) In order to be approved, the district’s plan must:

(a) Be teacher-developed;

(b) Be aligned to student standards as described in Section 1003.41, F.S.;

(c) Be aligned to Rule 6A-1.094124, F.A.C.;

(d) Be on the school district’s calendar approved by the school board; and

(e) Provide a means for students to receive in-person instruction at the school site if they are unable to participate virtually.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.621(2)(g) FS. Law Implemented 1003.621 FS. History–New 5-3-22.

Fla. Admin. Code R. 6A-1.0451 Florida Education Finance Program Student Membership Surveys

(1) The Commissioner shall prescribe the methods for completing and reporting full-time equivalent (FTE ) student membership surveys and transported student membership surveys in each school district for the Florida Education Finance Program (FEFP) in the publication titled “Full-time Equivalent (FTE) General Instructions, 2025-26,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-19225), which is hereby incorporated by reference in this rule. The instructions may be obtained from the Bureau of School Business Services, Office of Funding and Financial Reporting, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(2) The Commissioner shall have the authority to establish for any school district or school an alternate date for an FTE student membership survey or transported student membership survey within eight (8) weeks of the regular statewide survey if evidence is submitted by the school district that indicates an abnormal fluctuation in student membership has occurred at the time of the statewide survey. The alternate date shall be established by the Commissioner prior to conducting the survey. In determining what constitutes an abnormal fluctuation, the Commissioner shall examine the historical trends in student membership and limit consideration to changes in which there is a variation in excess of twenty-five (25) percent in any school, or five (5) percent in the district between the membership count at the time of the statewide membership count and the alternate membership count due to factors such as major student boycotts; civil disturbances; in-migration or out-migration in agricultural, industrial, and federal installations or contractors; or providential causes beyond the control of the district school board.

(3) The Commissioner may approve an alternative to the instructions for completing the surveys, reporting the data to the department and maintaining student records for audit purposes for a given district based on an emergency, a pilot study, or increased effectiveness and efficiency in data collection or reporting.

(4) During the year, at least four (4) full-time equivalent student membership surveys shall be conducted under the administrative direction of and on a schedule provided by the Commissioner. Students in a program scheduled for fewer than one hundred eighty (180) school days, or the hourly equivalent as provided in Rule 6A-1.045111, F.A.C., in any FTE student membership survey shall be a fraction of an FTE student as provided in Section 1011.61(1), F.S. The four (4) survey periods, insofar as practicable, shall be scheduled to take the extended school year, staggered school year, and other variations of or from the regular one hundred eighty-day school year into consideration. In addition to the four (4) full-time equivalent student membership surveys (Surveys 1-4), Survey 5 collects end-of-year student academic data. School districts may submit amendments to student membership survey data in accordance with the following schedule: Survey Period 1 (July) may not be amended after September 30 following the survey; Survey Period 2 (October) may not be amended after December 15 following the survey; Survey Period 3 (February) may not be amended after April 15 following the survey; Survey Period 4 (June) may not be amended after August 15 following the survey, or until a membership survey audit as required by Rule 6A-1.0453, F.A.C., has been completed, whichever shall take place first. Survey Period 5 (Academic Year Cumulative) may not be amended after October 31 following the survey. Adjustments for errors in reported FTE identified after the FTE survey amendment deadline that result in a negative funding adjustment will be included in the subsequent calculation of the FEFP.

(5) For purposes of transportation, students with disabilities under Section 1011.68(5), F.S., shall be those students with disabilities for whom school bus transportation is impractical or unavailable for reasons related to the student’s individual needs and circumstances. Such needs and circumstances shall be documented on the student’s individual educational plan.

(6) For students in all special programs, a student’s FTE membership shall be reported in the respective special program cost factor prescribed in Section 1011.62(1)(c), F.S., when the student is eligible and is attending a class, course, or program that has met all of the criteria for the special program cost factor. In addition, when reporting program membership, each student shall be reported in the same special program category as reported in the FTE membership survey.

(7) ESE 135, Department of Juvenile Justice FTE School Funding Certification is hereby incorporated by reference and made a part of this rule. This form may be obtained from the Bureau of School Business Services, Office of Funding and Financial Reporting, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1011.60(1), 1011.62(1), 1011.68 FS. Law Implemented 1011.62(1), 1011.68 FS. History–New 4-19-74, Amended 10-31-74, Repromulgated 12-5-74, Amended 6-1-75, 1-29-76, 4-12-78, 8-2-79, 2-4-81, 7-28-81, 4-27-82, 7-13-83, 7-10-85, Formerly 6A-1.451, Amended 3-12-86, 9-30-87, 10-31-88, 12-5-90, 10-26-94, 12-15-98, 3-24-08, 5-3-10, 4-22-14, 12-23-14, 6-23-16, 6-20-17, 9-19-17, 9-18-18, 12-22-19, 10-27-20, 11-23-21, 12-4-22, 2-20-24, 5-21-26.

Fla. Admin. Code R. 6A-1.04511 Full-time Equivalent Student Membership in Basic Programs Beyond the One Hundred Eighty (180) Day School Year

6A-1.045111 Hourly Equivalent to 180-Day School Year and 250-Day School Year for Juvenile Justice Education Programs.

Each school district that participates in the state appropriations for the Florida Education Finance Program shall:

(1) Operate all schools, except a juvenile justice education school or program, for a term of one hundred eighty (180) actual teaching days as prescribed by Section 1011.60(2), F.S., or the hourly equivalent of one hundred eighty (180) actual teaching days, determined as prescribed below:

(a) Kindergarten through grade 3 or in an authorized prekindergarten exceptional program: No fewer than seven hundred twenty (720) net instructional hours.

(b) Grades 4 through 12: No fewer than nine hundred (900) net instructional hours.

(2) Operate a juvenile justice education nonresidential school or program for a term of two hundred fifty (250) actual teaching days or the hourly equivalent which is no fewer than one thousand two hundred fifty (1,250) instructional hours. The district school board may decrease the minimum number of days of instruction by up to twenty (20) days or the equivalent hours for teacher planning for nonresidential programs. Each teacher planning day is equivalent to five (5) instructional hours. No more than five (5) days or equivalent hours may be deducted outside the 180 day school year.

(3) For students who receive instruction in a school that operates for less than the minimum term, report full-time equivalent student membership proportional to the number of instructional hours provided by the school divided by the minimum term requirement as provided in Section 1011.60(2), F.S.

(4) An academically high-performing school district under Section 1003.621, F.S., may provide up to two days of the required one hundred eighty (180) actual teaching days or the hourly equivalent through virtual instruction. The hourly equivalent is based on the student’s daily instructional schedule as reported in the full-time equivalent student membership surveys required by Rule 6A-1.0451, F.A.C., Florida Education Finance Program Membership Surveys.

History

• Rulemaking Authority 229.053(1), (2)(c), 236.081(1)(a) FS. Law Implemented 236.013(2)(c)3.d., (f) FS. History–New 9-8-76, Amended 6-6-78, Formerly 6A-1.4511, Repealed 11-26-08.
• Rulemaking Authority 1001.02(1), 1001.42(12)(a), 1001.51(11)(a), 1003.01(14)(a), 1003.02(1)(g), 1003.621(2)(g), 1011.60(2), 1011.61 FS. Law Implemented 1001.42(12)(a), 1001.51(11)(a), 1003.01(14)(a), 1003.02(1)(g), 1003.621(2)(g), 1011.60(2), 1011.61 FS. History–New 5-3-10, Amended 4-25-17, 11-23-21, 5-21-26.

Fla. Admin. Code R. 6A-1.04513 Maintaining Auditable FTE Records

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1010.305 FS. History–New 7-2-79, Formerly 6A-1.4513, Repealed 9-19-17.

Fla. Admin. Code R. 6A-1.04514 Exceptional Student Membership in Mainstream Programs

History

• Rulemaking Authority 229.053(1), 230.23(4)(m) FS. Law Implemented 230.23(4)(m), 236.081(1)(f) FS. History–New 9-19-90, Repealed 2-25-09.

Fla. Admin. Code R. 6A-1.0452 Distribution of Florida Education Finance Program Funds

(1) The entitlement of current operations and transportation funds shall be distributed in amounts as nearly equal as practicable based upon distribution schedules developed by the Department. The Department may adjust the distribution of funds to the entitlement each district may reasonably expect to receive during the fiscal year.

(2) The results of the first, second and third period full-time equivalent student membership surveys shall be added to the estimated fourth period full-time equivalent student membership. A final estimate of each district’s Florida Education Finance Program for current operations and transportation shall be made by April of each year and shall be used to make adjustments to the amount of funds distributed to the district for the remainder of the fiscal year.

(3) The fourth period full-time equivalent student membership survey shall be made prior to June 30, and used to adjust the fourth period estimate utilized in subsection (2) above. As a result of this survey, any difference in the amount of a district’s entitlement and the actual funds distributed shall be adjusted in the succeeding year.

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1011.62 FS. History–New 2-18-74, Amended 6-17-74, 10-31-74, Repromulgated 12-5-74, Formerly 6A-1.452, Amended 8-30-88, 8-20-17.

Fla. Admin. Code R. 6A-1.0453 Educational Program Audits

(1) Each school district shall maintain documentation adequate to support the full-time equivalent student membership of the district. Such documentation shall include, but is not limited to, all student membership survey forms, all student attendance records, and all student schedule records. These records shall be maintained in auditable condition, shall be made available to the Florida Auditor General for auditing, and shall be kept for a period of three (3) years or until the completion of the audit, whichever period is longer.

(2) The Commissioner may utilize staff of the Department to conduct audits of district compliance with statute and rules as requested by the Legislature or State Board of Education.

(3) Upon receipt of an official audit report, the Deputy Commissioner for Finance and Operations shall compute the amount of adjustment to the district’s allocation of state funds necessary to compensate for the errors or deficiencies noted in the Auditor General’s official audit report. In those instances where a student has been improperly classified or placed in an exceptional student program, and in those instances where a special program fails to meet the prescribed criteria, the adjustment shall be computed on the basis of the basic program cost factor for which each student qualifies. Except for adjustments made during the fiscal year in which the discrepancies occurred adjustments shall be limited to fund allocations and no changes shall be made in full-time equivalent membership data.

(4) The Deputy Commissioner for Finance and Operations, within forty-five (45) days of receipt of an official audit report and completion of any computation of adjustments required therein, shall provide an official notice to the district school board which shall include:

(a) A detailed analysis of the audit findings and the computation of all adjustments proposed to correct discrepancies;

(b) A statement citing the specific law or rule upon which the finding of each discrepancy is based, and the authority under which the adjustment is to be made; and,

(c) An opportunity for the district to request a hearing, within sixty (60) days from date of the official notice, and prior to final action being taken. The district request for a hearing shall include the specific issues and schools.

(5) In the event a district notifies the Department of its desire for a hearing on the proposed adjustment, the Department shall respond within thirty (30) days, and then the Commissioner shall schedule an informal conference between all parties in an effort to explain and resolve any disputed findings and to arrive at an agreement between the Department and the district. The conference hearing shall be held within twelve (12) months of initial request. If, however, the parties are unable to hold an informal conference or to arrive at a satisfactory agreement within twelve (12) months of the initial request and the school district wishes to proceed with a formal hearing, the Commissioner shall request the Division of Administrative Hearings of the Department of Administration to assign a hearing officer, and the Department shall proceed with the hearing in the manner prescribed by Section 120.57, F.S.

(6) Following completion of the hearing, the recommended order of the hearing examiner shall be transmitted to the State Board. The State Board shall, following examination of the recommended order, adopt a final agency order as prescribed by Section 120.57, F.S.

(7) Upon receipt of the final agency order, the Deputy Commissioner for Finance and Operations shall compute the required adjustment, if any, to the district’s allocation of state funds, make the adjustment in the aforementioned funds, and notify the district of the final action.

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1001.03(8), 1001.11(6), 1008.32, 1010.305 FS. History–New 2-25-76, Amended 10-30-78, 12-7-82, 6-28-83, 11-27-85, Formerly 6A-1.453, Amended 10-31-88, 3-15-90, 1-7-97, 7-5-01, 9-22-08, 9-19-17.

Fla. Admin. Code R. 6A-1.0455 Middle School and High School Start Times

(1) As provided by section 1001.42(4)(f)3., F.S., in order to be deemed in compliance with section 1001.42(4)(f)2., F.S., a district school board must submit a report to the Florida Department of Education by June 1, 2026.

(2) The district board report must include:

(a) The start times of elementary, middle, and high schools in the school district;

(b) A description of the strategies considered to implement a later school start time for middle schools and high schools within the school district, including the number of board meetings, public hearings, and opportunities for parent input to discuss the strategies;

(c) A description of the impact of implementing the school start time requirements in section 1001.42(4)(f)2., F.S., including the financial impact for the school district; and

(d) A description of the identified unintended consequences to the school district, students, and the community by implementing the school start time requirements in section 1001.42(4)(f)2., F.S.

(3) The district school board report must be submitted to SchoolList@fldoe.org by June 1, 2026. Once a district school board is deemed in compliance by submission of this report, no further reports are required. District school board reports must not include district-sponsored charter schools.

(4) Charter school governing boards may submit a report for each of their charter schools to be deemed in compliance as authorized in section 1002.33(16)(b)16., F.S., using the same format and process prescribed for school districts in this rule.

(5) Submission of this report does not prohibit a district school board or charter school governing board from establishing different middle school and high school start times in future school years.

(6) The report template that must be used is entitled School Start Time Compliance Report (Form SST-1), effective March 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19094). This form is incorporated by reference and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1001.42(4)(f) FS. Law Implemented 1001.42(4) FS. History–New 3-26-26.

Fla. Admin. Code R. 6A-1.046 Calculation of Instruction Units for Isolated and Non-isolated Schools

History

• Rulemaking Authority 234.04 FS. Law Implemented 236.04 FS. History–New 1-25-67, Formerly 6A-1.46, Repealed 2-18-74.

Fla. Admin. Code R. 6A-1.047 Recalculation Funds

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Chapters 72-333, 72-221, Laws of Florida. History–New 9-17-72, Formerly 6A-1.47, Repealed 2-18-74.

Fla. Admin. Code R. 6A-1.048 Calculation of Instruction Units and Salary Allocations; Class Loads

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.02(5), 236.07, 236.171 FS. History–New 2-20-64, Amended 4-11-70, Formerly 6A-1.48, Repealed 9-17-72.

Fla. Admin. Code R. 6A-1.049 Funds Designated for Instructional Materials

History

• Rulemaking Authority 236.07(5) FS. Law Implemented 236.07(5) FS. History–New 4-11-70, Formerly 6A-1.49, Repealed 9-17-72.

Fla. Admin. Code R. 6A-1.050 Planned Program for Effective Use of Instructional Personnel

History

• Rulemaking Authority 236.07(3), (5) FS. Law Implemented 236.07(3), (5) FS. History–New 4-11-70, Formerly 6A-1.50, Repealed 2-18-74.

Fla. Admin. Code R. 6A-1.0501 Policies Relating to Personnel Employed Beyond Ten Months (Summer Program)

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.02(3), (4), 236.07(3), (6) FS. History–New 3-26-66, Amended 5-25-67, 9-17-72, Formerly 6A-1.51, Repealed 12-18-72.

Fla. Admin. Code R. 6A-1.0502 Non-certificated Instructional Personnel

In each school district there are persons who possess expert skill in or knowledge of a particular subject or talent but do not hold a Florida teaching certificate. These persons constitute an invaluable community resource for the education of the pupils in that district. Each school board or charter school governing board shall adopt such policies as are necessary to ensure that the principals and teachers of that district or charter school may utilize in an appropriate instructional capacity the services of such expert persons in the community. Such persons may serve as a non-paid volunteer or as a paid member of the instructional staff to render instructional service in the individual’s field of specialty but shall not be required to hold a Florida teaching certificate. The school board or charter school governing board policies for non-certificated instructional personnel shall include, but are not limited to, the following:

(1) Health and age. Health and age requirements shall be the same as those required for certificated instructional personnel.

(2) Employment procedures. Employment procedures shall be the same as those followed for certificated instructional personnel, except that non-certificated instructional personnel shall not be entitled to a contract as prescribed by subsection 6A-1.064(1), F.A.C.

(3) Personnel records. The personnel records of the district or charter school shall contain information considered necessary by the school board or charter school governing board to establish the specialty of the individual, and a statement of the instructional duties assigned to and performed by such person.

(4) Salary. The official salary scheduled for instructional personnel shall include a salary schedule for full-time and part-time employed non-certificated instructional personnel.

(5) Assignment, suspension and dismissal. Procedures for the assignment, suspension, and dismissal of non-certificated instructional personnel shall be adopted and provided in writing to each such employee at the time of employment.

(6) Assessment of performance. Procedures for assessing the performance of duties and responsibilities by all non-certificated instructional personnel shall ensure that each such person adequately performs the duties assigned.

(7) Pupil welfare. Procedures for assuring that each non-certificated instructional person who at any time is expected to assume responsibility for the health, safety, and welfare of pupils possesses, in advance of assuming the responsibility, a clear understanding of state rules and district or charter school rules policies relevant to instructional responsibilities. When assigned duties require knowledge of rules, regulations, or policies of a special nature, the policies shall specify that the person occupying a specifically named position is responsible to ascertain that the person possesses, in advance of assuming the duties, the necessary knowledge to perform such duties in a proper and reasonable manner.

(8) Instructional practices and policies. Procedures for assuring that each non-certificated instructional person who at any time is expected to assume responsibility for promoting pupil learning possesses, in advance of assuming this responsibility, a clear understanding of all state instructional practices and policies and district or charter school instructional practices and policies relevant to instructional responsibilities.

(9) In lieu of the requirements herein, the school board or charter school governing board may adopt special policies for those part-time personnel who are employed to teach no more than one hundred sixty (160) clock hours during a fiscal year.

(10) Notwithstanding the provisions of subsections 6A-1.0502(1) through (9), F.A.C., the school board or charter school governing board may employ non-certificated persons licensed by the State of Florida as occupational therapists or as physical therapists to render services to students in those areas covered by such license. The procedures for employment shall be the same as provided by law for certificated instructional personnel, and each person so employed shall be entitled to a written contract in the form prescribed pursuant to Rule 6A-1.064, F.A.C. Provided, however, that a non-certificated person employed to render services as an occupational therapist or as a physical therapist may be assigned duties of an instructional nature that are not covered within the scope of the person’s license as defined by law.

(11) Notwithstanding the provisions of subsections 6A-1.0502(1) through (9), F.A.C., the school board or charter school governing board may employ persons certified as audiologists or speech pathologists under Chapter 468, Part I, F.S., to render services to students in those areas covered by such certificate of registration. The procedures for employment shall be the same as provided by law for certificated instructional personnel, and each person so employed shall be entitled to a written contract in the form prescribed pursuant to Rule 6A-1.064, F.A.C. Provided, however, that a non-certificated person employed to render services as an audiologist or speech pathologist may not be assigned duties of an instructional nature that are not covered within the scope of the person’s certificate of registration as defined by law.

(12) Notwithstanding the provisions of subsections 6A-1.0502(1) through (9), F.A.C., the school board or charter school governing board may employ persons licensed as clinical social workers under Chapter 491, F.S., to render services to students in those areas covered by such license. The procedures for employment shall be the same as provided by law for certificated instructional personnel, and each person so employed shall be entitled to a written contract in the form prescribed pursuant to Rule 6A-1.064, F.A.C., provided, however, that a non-certificated person employed to render services as licensed clinical social worker may not be assigned duties of an instructional nature that are not covered within the scope of the person’s license as defined by law.

(13) A non-certificated person employed pursuant to this section shall be accorded the same protection of the laws as that accorded the certificated teacher.

History

• Rulemaking Authority 1002.33(12), 1012.32, 1012.55(1) FS. Law Implemented 1002.33, 1012.32, 1012.55 FS. History–New 7-20-73, Amended 4-19-74, Repromulgated 12-5-74, Amended 6-9-81, 8-16-82, Formerly 6A-1.502, Amended 5-30-94, 5-25-04, 10-27-20.

Fla. Admin. Code R. 6A-1.0503 Definition of Qualified Instructional Personnel

(1) As used in this rule, the following terms have the following meanings:

(a) “Primary instructor” refers to any instructional employee of a Florida public school district who provides direct support in the learning process by planning, delivering, and evaluating instruction, including through virtual or blended environments, for all students during the entire class period.

(b) “In-field” means a teacher is assigned to a course covering subject matter for which the teacher holds a certificate per Section 1012.55, F.S., or demonstrates sufficient subject matter expertise as determined by paragraphs (2)(a)-(h) of this rule.

(c) “Out-of-field” means a teacher is assigned to a course covering subject matter outside the field for which the teacher holds a certificate per Section 1012.55, F.S., or for which the teacher has not demonstrated sufficient subject matter expertise per Section 1012.42, F.S., and as determined by paragraphs (2)(a)-(h) of this rule.

(2) A primary instructor must meet one (1) of the following conditions to be considered in-field:

(a) Hold a valid Florida educator’s certificate with the appropriate coverage as provided for in the Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., or

(b) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a), but have completed a minor field of study in the subject area to be taught, as per Section 1012.42, F.S., and the minor field of study consists of at least fifteen (15) semester hours in the appropriate subject area, or

(c) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a), and have demonstrated sufficient subject matter expertise through passage of a standardized examination, pursuant to Section 1012.56, F.S., and Rules 6A-4.002, 6A-4.0021(12), and 6A-4.0243, F.A.C., or a comparable method for attainment of essential competencies in the subject area to be taught pursuant to district school board policy adopted as per Section 1012.42, F.S., or

(d) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a), and have previously documented subject matter expertise for the academic course assigned based on a High, Objective, Uniform State Standard of Evaluation (HOUSSE) plan completed pursuant to 20 U.S.C. s. 7801(23) (effective January 8, 2002 to December 9, 2015); provided that the plan was completed under one (1) of the following conditions:

1. A Florida HOUSSE plan or out-of-state HOUSSE plan was completed by the beginning of the 2006-2007 school year and is filed in the educator’s official personnel record; or

2. A HOUSSE plan documented subject matter expertise for a course in a world language when a Florida subject area examination has not been developed, a standardized examination had not been specified in state board rule, or the plan was completed prior to approval of a standardized examination in state board rule; or

(e) Hold a valid certificate issued by the school district as a nondegreed teacher of career and technical education courses employed under the provisions of Section 1012.39, F.S. The requirements in Sections 1012.39(1)(c)2.a. and b., F.S., must be satisfied prior to initial appointment to the position; or

(f) Hold appropriate credentials to qualify as a prekindergarten instructor to teach Voluntary Prekindergarten courses under the provisions of Sections 1002.55(3)(c), or 1002.55(4), F.S., or

(g) Hold a valid full-time or part-time adjunct teaching certificate in the subject area to be taught, issued pursuant to district school board policy adopted under the provisions of Section 1012.57, F.S., or

(h) Hold neither a Florida educator’s certificate nor a certificate issued by the school district and be employed to teach a course in the individual’s field of specialty under the provisions of Rule 6A-1.0502, F.A.C.

(3) A primary instructor considered out-of-field per paragraph (1)(c) of this rule, shall have been approved by the school board or charter school governing board to teach out-of-field after determination that a teacher with appropriate certification coverage is not available. All evidence of such qualifications and approval must be reflected in the individual’s official personnel record; provided, however, that such approval may be granted by the school board or charter school governing board only under one (1) of the following conditions:

(a) The individual is in the first year of employment in the out-of-field assignment and has not been granted, during any preceding year in the district or charter school, approval by either the school board or the charter school governing board to be employed out-of-field in an area for which specific certification is otherwise required, or

(b) The individual has been approved to teach in the out-of-field assignment during any preceding year in the district or charter school and has earned the following college credit from an accredited or approved institution pursuant to Rule 6A-4.003, F.A.C., or inservice training in an approved district add-on program or district approved subject content professional development program:

1. Out-of-field assignment other than ESOL (English to Speakers of Other Languages). An individual assigned to teach out-of-field in a subject other than ESOL shall complete at least six (6) semester hours of college credit or the equivalent inservice toward the appropriate certification required in paragraph (2)(a), within one (1) calendar year from date of initial appointment to the out-of-field assignment and each calendar year thereafter until all requirements are completed for the appropriate subject certification;

2. Out-of-field assignment in only ESOL. An individual assigned to teach out-of-field in only ESOL shall complete at least three (3) semester hours of college credit or the equivalent inservice toward the ESOL requirements within the first two (2) calendar years from date of initial assignment to a class with limited English proficient (LEP) students and three (3) semester hours or the equivalent inservice during each calendar year thereafter until all requirements for certification in ESOL are completed; or

3. Out-of-field assignment in ESOL and another subject. An individual assigned to teach out-of-field in ESOL and another subject shall complete at least six (6) semester hours of college credit or the equivalent inservice toward the appropriate certification required by paragraph (2)(a), within one (1) calendar year from date of initial appointment to the out-of-field assignment and each calendar year thereafter until all requirements are completed for the appropriate subject certification. The training shall be completed in the following manner: During the first two years, at least three (3) of the required twelve (12) semester hours or the equivalent inservice shall be completed in ESOL strategies. Beginning with the third year and each year thereafter, at least three (3) semester hours or the equivalent inservice shall be completed in ESOL strategies and at least three (3) semester hours in the other out-of-field subject requirements. When either all ESOL or all other out-of-field subject requirements are completed, a teacher shall comply with the schedule specified in subparagraph (3)(b)1. or 2. of this rule, as appropriate until all requirements are completed for both ESOL and the other out-of-field subject.

4. Waivers of college credit or inservice training in an approved district add-on or subject content professional development program may be obtained by one of the following provisions:

a. In lieu of college credit or the equivalent inservice specified in subparagraph (3)(b)1., 2. or 3. of this rule, an individual shall provide a doctor’s statement certifying to medical inability to earn such credit during the prescribed time;

b. In lieu of college credit or the equivalent inservice specified in subparagraph (3)(b)1. of this rule, the district superintendent or charter school chief administrator shall provide a statement certifying to extenuating circumstances beyond the control of the teacher to earn such credit during the prescribed time; or

c. In lieu of college credit or the equivalent inservice specified in subparagraph (3)(b)1., or the criteria in paragraph (3)(a) of this rule, the Commissioner of Education may grant to the district, individual school sites, or a charter school a waiver of the requirements for a period of one (1) year on a one-time basis. The district superintendent or charter school chief administrator shall, pursuant to school board or charter school governing board approval for such waiver, show extenuating circumstances that create a hardship for the district or teachers in meeting the specified requirements.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.33(12)(f), 1012.32, 1012.55(1), 1012.56(6) FS. Law Implemented 1002.33, 1012.32, 1012.55, 1012.56 FS. History–New 4-19-74, Repromulgated 12-5-74, Amended 9-8-76, Formerly 6A-1.503, Amended 10-30-90, 10-3-91, 2-18-93, 5-25-04, 3-1-05, 4-30-18, 11-28-18, 12-22-19.

Fla. Admin. Code R. 6A-1.05031 Personnel Employed to Teach Mathematics and Science

History

• Rulemaking Authority 229.053(1), 231.15 FS. Law Implemented 229.041, 229.814(5), 231.15 FS. History–New 12-20-83, Formerly 6A-1.5031, Repealed 4-18-96.

Fla. Admin. Code R. 6A-1.0504 Best and Brightest Award Subject Area Content Expert

History

• Rulemaking Authority 1001.02(1),(2)(n), 1012.731 FS. Law Implemented 1012.731 FS. History–New 12-22-19, Repealed 10-27-20.

Fla. Admin. Code R. 6A-1.052 Salary Schedules to Be Adopted for All Personnel

Each school board shall annually adopt and spread on its minutes a salary schedule or schedules for employees of the district school system. The schedules so adopted shall be the sole instrument used in determining the annual, monthly, weekly, daily or hourly compensation for the employees of the board. Such salary schedules shall clearly show the method of computing compensation of employees, whether paid on hourly, daily, weekly, monthly or annual rates and individual personnel records for each employee shall contain evidence of each factor used in calculating that employee’s compensation for each year. In developing such salary schedules, the superintendent and school board shall ascertain that all the provisions of law relating thereto are met. All personnel shall be paid in accordance with payroll period schedules adopted by the school board and included in the official salary schedule.

(1) Salary schedules shall make provisions for each employee classification with specified rates of compensation. When it is determined that there is a need for a classification not provided for in the official salary schedule, the schedule shall be officially amended.

(2) All regular employees of a school board employed on an hourly, daily, or monthly basis and for which payroll deductions are required shall receive all compensation, for services rendered, by school board warrants.

(3) No deductions shall be made from the salaries of the employees of a school board unless such deductions are required by law or are approved in writing by the employee to be affected. Deductions made from the salary of employees shall be promptly remitted to the agency for which such deductions were made pursuant to the requirements of such agency.

(4) No extra compensation shall be made to any employee of the board after service shall have been rendered, or the contract made as provided by Section 215.425, F.S.

(5) No salary shall be paid differing from the amount to which the employee is entitled under the salary schedule. When it is determined that an incorrect amount has been paid the differences shall be adjusted between the board and the employee to the end that each employee shall receive the amount to which he is entitled under the salary schedule.

History

• Rulemaking Authority 1001.02(1), 1011.60(4) FS. Law Implemented 1011.60(4) FS. History–New 7-27-65, Amended 4-11-70, 9-17-72, 2-18-74, Repromulgated 12-5-74, Formerly 6A-1.52.

Fla. Admin. Code R. 6A-1.054 Employment of Emergency Teachers (Substitute Teachers)

History

• Rulemaking Authority 228.053(1) FS. Law Implemented 231.0711 FS. History–New 3-26-66, Amended 9-17-72, 11-18-72, 12-5-74, Formerly 6A-1.54, Repealed 4-18-89.

Fla. Admin. Code R. 6A-1.055 Determining Salary of County Superintendents on Basis of Instruction Units

History

• Rulemaking Authority 229.051(2) FS. Law Implemented 230.302 FS. History–New 4-8-68, Formerly 6A-1.55, Repealed 4-11-70.

Fla. Admin. Code R. 6A-1.0551 Special Qualification Salary for Elected District School Superintendents

Each elected district superintendent who completes the following described training program shall be certified eligible by the Commissioner for the annual special qualification salary authorized by Section 1001.47(4), F.S.

(1) Requirements for initial special qualification certification. In order to meet initial certification requirements, each superintendent shall meet all requirements outlined below within six (6) years after first taking office.

(a) Successful completion of each of the following training institutes conducted by the Florida Association of District School Superintendents:

1. “Core Concepts of Management for Florida School Superintendents” – 2 1/2 days.

2. “Florida School Law” – 2 days.

3. “Florida School Finance” – 2 days.

4. “Principles of Collective Bargaining” – 2 days.

5. “The School Curriculum” – 2 days (required only for superintendents not holding a degree in education from an accredited institution). Successful completion of these training institutes shall be determined by satisfactory attendance at each institute required and by the satisfactory performance on a written comprehensive examination developed from the content of the courses required in paragraph (1)(a) and administered by the Department.

(b) Successful completion of at least five (5) additional training seminars or institutes of at least two (2) days duration each, approved by the Commissioner.

1. A master’s or higher level degree from an accredited institution with a major in school administration, school supervision, public administration, business administration, or management may be substituted for the five (5) items required in paragraph (1)(b).

2. College credit courses in school administration, supervision, public administration, business administration or management (not included as part of the degree in subparagraph 1. above), earned within three (3) years of initial certification may be substituted on a one-for-one basis for up to two (2) of the five (5) items required herein.

(c) Three (3) years of successful experience as an administrator in a school or school district, or three (3) years of approved comparable managerial experience in either the public or the private sector. The Commissioner must specifically approve any such service outside a school or school district.

(2) Requirements for annual renewal of special qualification certification. In order to maintain eligibility for special qualification salary, each superintendent shall annually renew certification through satisfactory completion of a program of continuing education. Such program shall be completed within twelve (12) calendar months of either initial certification or annual recertification, whichever is applicable, through one (1) of the following methods:

(a) Successful completion of a two and one-half (2 1/2) day institute entitled “Core Concepts of Management for Florida School Superintendents” conducted by the Florida Academy for School Leaders; or

(b) Successful completion of two (2) management training seminars or institutes of at least two (2) days duration each, sponsored by the Department; or

(c) Successful completion of one college course in school administration, supervision, public administration, business administration or management (not included as part of the degree or courses taken to receive the initial special qualification salary referred to in paragraph (1)(b)).

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1001.47(4) FS. History–New 5-27-81, Formerly 6A-1.551, Amended 12-3-85, 9-22-08.

Fla. Admin. Code R. 6A-1.056 Travel and Subsistence for School Board Members, Superintendents and School Employees

(1) The school board shall determine policies and adopt rules and regulations providing the conditions and requirements for payment of travel and subsistence expense to members of the board for travel outside the district, and for travel within and without the district by the district superintendent and employees of the district school system in accordance with general law or acts of local application.

(2) Policies determined and rules and regulations adopted by the school board relating to travel shall provide for:

(a) The greatest possible economy, the avoidance of unnecessary travel, and adequate auditing procedures.

(b) Joint travel to be required by personnel in a single vehicle whenever feasible.

(c) Limitation of such expenditures to the maximum amounts currently authorized by law to be paid employees of the state unless otherwise expressly provided by law.

(3) Policies of the school board relating to methods of reimbursement may provide for:

(a) A flat monthly allowance for travel within the district by the superintendent and for employees whose duties require a fairly uniform amount of travel each month; or

(b) Reimbursement on the basis of actual expenses not to exceed limitations authorized by law; or

(c) Per diem and mileage at rates authorized by law for employees of the state.

History

• Rulemaking Authority 1001.02(1), 1001.41(5) FS. Law Implemented 112.061, 1001.39, 1001.41(5) FS. History–New 12-5-74, Formerly 6A-1.56.

Fla. Admin. Code R. 6A-1.057 Petty Cash Funds

History

• Rulemaking Authority 229.053(1), 237.02(1)(c) FS. Law Implemented 237.02 FS. History–New 4-11-70, Amended 9-17-72, 12-18-72, Repromulgated 12-5-74, Formerly 6A-1.57, Amended 4-18-89, 8-15-94, Repealed 11-26-08.

Fla. Admin. Code R. 6A-1.064 Forms for Contracts for Instructional and Professional Administrative Personnel, and Other Personnel

(1) Forms of contract for annual contracts and for professional service contracts entered into by school boards and instructional and professional administrative personnel as provided by law shall be prescribed by the State Board of Education. Contents of contract forms shall comply with all pertinent provisions of law and State Board Rules. No contract form shall indicate, or be altered to show, any uncertainty with reference to the amount of salary for the contract period of service, or the duration of the period of service, except as the rank, contract status, and qualifications of the teacher may change, or pursuant to a duly adopted collective bargaining agreement, or where membership in a school or program is so unstable that it might be necessary to discontinue classes because of lack of pupils, in which latter case the contract may be stated to be effective at the option of the board conditional on a minimum number of pupils. Any clause inserted in a contract form purporting to provide that the contract salary will be paid only if funds are available shall be null and void.

(2) Contracts with personnel other than instructional personnel identified in subsection 6A-1.064(1), F.A.C., shall be made as prescribed by rules of the school board.

Cf. 1. Annual Contract of Employment for Instructional Personnel of the Public Schools. 2. Professional Service Contract of Employment for Instructional Personnel of the Public Schools.

History

• Rulemaking Authority 120.53(1)(e), 1001.02(1), 1012.33(3) (3)(a) FS. Law Implemented 120.53(1)(a), 1011.60(4), 1012.22(1)(d), 1012.33 FS. History–New 12-5-74, Amended 9-9-84, Formerly 6A-1.64.

Fla. Admin. Code R. 6A-1.065 Continuing Contract Equivalency in Districts Having Local Tenure Laws

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.36 FS. History–New 2-20-64, Amended 4-8-68, Formerly 6A-1.65, Repealed 2-18-74.

Fla. Admin. Code R. 6A-1.0651 Employment of Teachers over Seventy Years of Age

History

• Rulemaking Authority Ch. 70-113, Laws of Florida. Law Implemented Ch. 70-113, Laws of Florida. History–New 2-20-71, Formerly 6A-1.651, Repealed 7-19-72.

Fla. Admin. Code R. 6A-1.066 Minimum Service, Effective Date, and Other Conditions for Continuing Contract Status

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.36 FS. History–New 2-20-64, Amended 4-8-68, 5-19-72, 9-17-72, Repromulgated 12-5-74, Formerly 6A-1.66, Repealed 4-18-96.

Fla. Admin. Code R. 6A-1.067 Definition of Regular Certificate as a Qualification for Establishing Eligibility for Consideration for a Continuing Contract

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.36 FS. History–New 2-20-63, Amended 2-20-64, Repromulgated 12-5-74, Formerly 6A-1.67, Repealed 7-2-98.

Fla. Admin. Code R. 6A-1.068 Definition of CC-7, CC-10 and CC-15 Status

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.02 FS. History–New 9-17-72, Formerly 6A-1.68, Repealed 2-18-74.

Fla. Admin. Code R. 6A-1.069 Responsibility for District School Personnel Records

History

• Rulemaking Authority 120.53(1)(a), (b), 229.053(1), 230.23(11) FS. Law Implemented 119.031, 120.53(1)(a), (b), 230.23(11), 231.29(1) FS. History–New 2-18-74, Formerly 6A-1.69, Repealed 4-18-96.

Fla. Admin. Code R. 6A-1.0691 Procedures for Appealing a District School Board Decision

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 20.05(1)(b), 120.53(1)(c), 1001.02(1), 1012.33(4), (6) FS. History–New 6-16-72, Repromulgated 12-5-74, Amended 6-17-81, Formerly 6A-1.691, Repealed 5-3-10.

Fla. Admin. Code R. 6A-1.0692 Fidelity Bonds Required for School Officials

History

• Rulemaking Authority 229.053(1), 237.191 FS. Law Implemented 237.191 FS. History–New 9-12-72, Repromulgated 12-5-74, Formerly 6A-1.692, Repealed 5-23-06.

Fla. Admin. Code R. 6A-1.070 Teacher Aides and Volunteers

History

• Rulemaking Authority 229.053(1), 231.15 FS. Law Implemented 228.041(23), (24), 231.141, 231.15 FS. History–New 4-11-70, Repromulgated 12-5-74, Amended 4-27-82, Formerly 6A-1.70, Repealed 7-26-16.

Fla. Admin. Code R. 6A-1.075 School Board to Adopt Policies on Leave of Absence

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.39, 231.40, 231.41, 231.42, 231.43, 231.44, 231.45, 231.46 FS. History–New 12-5-74, Formerly 6A-1.75, Repealed 10-18-94.

Fla. Admin. Code R. 6A-1.076 Definition of Leave of Absence

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.39, 231.40, 231.41, 231.42, 231.43, 231.44, 231.45, 231.46, 231.48 FS. History–New 12-5-74, Formerly 6A-1.76, Repealed 10-18-94.

Fla. Admin. Code R. 6A-1.077 All Proper Absence from Duty to Be Covered by Leave

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.39, 231.40, 231.41, 231.42, 231.43, 231.44, 231.45, 231.46, 231.48 FS. History–New 12-5-74, Formerly 6A-1.77, Repealed 10-18-94.

Fla. Admin. Code R. 6A-1.078 Leave Discretionary with Board Unless Otherwise Provided by Law

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.39, 231.43, 231.48 FS. History–New 4-11-70, Formerly 6A-1.78, Repealed 2-18-74.

Fla. Admin. Code R. 6A-1.079 Leave to Be Used for the Purposes Set Forth in Application

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.39, 231.40, 231.41, 231.44, 231.45 FS. History–New 12-5-74, Formerly 6A-1.79, Repealed 11-26-08.

Fla. Admin. Code R. 6A-1.080 Maximum Extent of Leave

No leave, except military leave, shall be granted at one time for a period greater than one year, but the school board may adopt policies whereby a new application for leave may be filed at the expiration of leave and new leave granted at the discretion of the board. Such policies shall be based on the requirements of efficient operation of the district school system as well as on consideration of what is fair to the employee. Automatic renewals of leave shall not be allowed.

History

• Rulemaking Authority 1001.02(1), 1011.60(3) FS. Law Implemented 1011.60(3), 1012.66 FS. History–New 12-5-74, Formerly 6A-1.80.

Fla. Admin. Code R. 6A-1.081 Professional Leave and Extended Professional Leave; Definition

Professional leave is defined as leave granted to a member of the instructional or administrative staff to engage in activities which will result in his professional benefit or advancement, including earning of college credits and degrees, or that will contribute to the profession of teaching. Extended professional leave is such leave extending for more than thirty consecutive days. Professional leave or extended professional leave ordinarily will be initiated by the employee and will be primarily for his benefit, or that of the teaching profession, and only incidentally for the benefit of the school board. Compensation during professional leave, or extended professional leave, may be allowed as provided by law, state board regulations, and policies of the school board. School boards may grant any member of the instructional or administrative staff three consecutive weeks professional leave during any fiscal year with compensation when school is not in session; such leave shall be cumulative for not more than two years.

History

• Rulemaking Authority 1001.02(1), 1011.60(3) FS. Law Implemented 1011.60(3), 1012.66 FS. History–New 12-5-74, Formerly 6A-1.81.

Fla. Admin. Code R. 6A-1.082 Vacation Leave for Personnel Employed on Twelve Months Contract

School boards may allow vacation leave, exclusive of school holidays, for members of the instructional staff, who are employed on a twelve months contract. The Christmas vacation period, other than legal holidays running consecutively with vacation period, shall constitute a part of the aforesaid allowable vacation period, unless the employee is actually on duty. Vacation time for an individual employee shall be so scheduled that there will be minimum disruption of the operation of the school system.

History

• Rulemaking Authority 1001.02(1), 1011.60(3) FS. Law Implemented 1011.60(3) FS. History–New 6-9-68, Amended 1-17-72, 9-5-74, Repromulgated 12-5-74, Formerly 6A-1.82, Amended 2-16-94.

Fla. Admin. Code R. 6A-1.0831 Sick Leave

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.40 FS. History–New 4-8-68, Formerly 6A-1.831, Repealed 10-31-74.

Fla. Admin. Code R. 6A-1.084 Assignment of Employees for Temporary Duty

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.39 FS. History–New 8-9-68, Repromulgated 12-5-74, Formerly 6A-1.84, Repealed 5-23-06.

Fla. Admin. Code R. 6A-1.085 Basic Principles of Internal Fund Accounting

History

• Rulemaking Authority 1001.02(1), 1010.01(1), 1011.07 FS. Law Implemented 1011.07 FS. History–New 9-17-72, Repromulgated 12-5-74, Amended 6-10-75, Formerly 6A-1.85, Amended 6-20-89, Repealed 8-20-17.

Fla. Admin. Code R. 6A-1.086 Administration of Internal Funds and Properties

History

• Rulemaking Authority 237.02(9) FS. Law Implemented 237.02(9), 236.02(1) FS. History–New 2-20-64, Repromulgated 12-5-74, Formerly 6A-1.86, Repealed 6-10-75.

Fla. Admin. Code R. 6A-1.087 School Board Responsible for Internal Funds

History

• Rulemaking Authority 1001.02(1), 1010.01(1), 1011.07 FS. Law Implemented 1011.07 FS. History–New 4-11-70, Amended 9-17-72, 10-31-74, Repromulgated 12-5-74, Amended 3-24-75, Formerly 6A-1.87, 9-22-08, Repealed 8-20-17.

Fla. Admin. Code R. 6A-1.088 Responsibilities of the Superintendent for Internal Funds

History

• Rulemaking Authority 237.02(9) FS. Law Implemented 230.33(12)(f) FS. History–New 2-20-64, Formerly 6A-1.88, Repealed 9-17-72.

Fla. Admin. Code R. 6A-1.089 Duties of the Principal with Respect to Internal Funds

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.02(1) FS. History–New 2-20-64, Formerly 6A-1.89, Repealed 9-17-72.

Fla. Admin. Code R. 6A-1.090 Reporting Internal Funds

History

• Rulemaking Authority 229.053(1), 237.31 FS. Law Implemented 237.31 FS. History–New 9-17-72, Repromulgated 12-5-74, Formerly 6A-1.90, Repealed 6-10-75.

Fla. Admin. Code R. 6A-1.091 Purchases from Internal Funds

History

• Rulemaking Authority 1001.02(1), 1011.07 FS. Law Implemented 1010.04(1), 1011.07 FS. History–New 2-20-64, Amended 6-20-64, 5-24-67, 8-9-68, Repromulgated 12-5-74, Formerly 6A-1.91, Repealed 8-20-17.

Fla. Admin. Code R. 6A-1.092 Florida Gold Seal Vocational Endorsement

History

• Rulemaking Authority 229.053(1), 239.217(4) FS. Law Implemented 239.217 FS. History–New 7-17-90, Amended 11-12-91, 3-8-93, 8-15-94, Repealed 5-19-98.

Fla. Admin. Code R. 6A-1.093 Florida Academic Scholars Certificate

History

• Rulemaking Authority 229.053(1), 232.2465(6) FS. Law Implemented 229.814, 232.246, 232.2465, 233.011, 240.402 FS. History–New 4-5-83, Amended 2-13-84, 5-14-85, Formerly 6A-1.93, Amended 7-3-86, 8-15-87, 4-18-89, 4-3-90, 6-10-92, 3-20-96, Repealed 1-7-16.

Fla. Admin. Code R. 6A-1.094 Report on Acceleration Mechanisms for Program Completion

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.053(1) FS. History–New 11-17-73, Repromulgated 12-5-74, Formerly 6A-1.94, Repealed 4-18-96.

Fla. Admin. Code R. 6A-1.09401 Student Performance Standards

(1) Student Performance Standards in Florida are defined as state academic standards and establish the core content of the curricula to be taught and specify the core content knowledge and skills that K-12 public school students are expected to acquire. The state academic standards are rigorous and reflect the knowledge and skills students need for success in college and careers. The standards and benchmarks describe what students should know and be able to do at grade level progression for kindergarten to grade 8 and in grade bands for grade levels 9-12. The access points contained in the state academic standards provide access to the general education standards for students with the most significant cognitive disabilities. These standards, benchmarks, and access points are contained in the following publications which are hereby incorporated by reference and made a part of this rule.

(a) Florida’s State Academic Standards (Benchmarks for Excellent Student Thinking (B.E.S.T.)) – English Language Arts, 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18865),

(b) Florida’s B.E.S.T. Standards Mathematics, 2026 (http://flrules.org/Gateway/reference.asp?No=Ref-19651),

(c) Florida’s State Academic Standards – Science, 2016

(http://www.flrules.org/Gateway/reference.asp?No=Ref-06754),

(d) Florida’s State Academic Standards – Computer Science, 2026 (http://flrules.org/Gateway/reference.asp?No=Ref-19652),

(e) Florida’s State Academic Standards – Social Studies, 2026 (http://flrules.org/Gateway/reference.asp?No=Ref-19653),

(f) Next Generation Sunshine State Standards – World Languages, 2011,

(g) Next Generation Sunshine State Standards – The Arts, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03100),

(h) Florida’s State Academic Standards – Health Education, 2026 (http://flrules.org/Gateway/reference.asp?No=Ref-19654),

(i) Next Generation Sunshine State Standards – Physical Education, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03102),

(j) Next Generation Sunshine State Standards – Gifted Education, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03103),

(k) Florida’s State Academic Standards – Special Skills, 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15440),

(l) English Language Development/Proficiency Standards for English Language Learners, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-04240),

(m) Benchmarks for Excellent Student Thinking (B.E.S.T.) English Language Arts (ELA) 2022 Access Points-Alternate Academic Achievement Standards Grade K-12 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14160),

(n) Benchmarks for Excellent Student Thinking (B.E.S.T.) Mathematics 2023 Access Points-Alternate Academic Achievement Standards Grade K-12 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15262),

(o) Access Points to Florida’s State Academic Standards for Science – 2016 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06469), and

(p) Social Studies Access Points – Alternate Academic Achievement Standards Kindergarten-12 – 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18876).

Copies of these publications may be obtained from the Division of Public Schools, Department of Education, 325 West Gaines St., Tallahassee, Florida 32399-0400.

(q) Health Education Access Points – Alternate Academic Achievement Standards Kindergarten-12, 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-19058).

Copies of these publications may be obtained from the Division of Public Schools, Department of Education, 325 West Gaines St., Tallahassee, Florida 32399-0400.

(2) The Commissioner shall periodically review, accept public comment on and revise Florida standards. The process shall begin with convening an expert group to review the standards and make recommendations to the Commissioner for their review and revision. The Commissioner shall determine whether revisions are necessary based on the recommendations of the expert group, and shall propose such revisions to the State Board of Education for adoption.

(3) Each district school board shall incorporate the state academic standards as appropriate for subject areas contained herein into the district Student Progression Plan.

(4) The state academic standards shall serve as the basis for statewide assessments.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.41(4) FS. Law Implemented 1001.03, 1003.41 FS. History–New 6-18-96, Amended 9-28-99, 3-1-07, 7-25-07, 11-25-07, 4-14-08, 9-22-08, 2-1-09, 1-6-10, 9-5-10, 2-8-11, 3-25-14, 7-22-14, 3-23-16, 6-23-16, 3-26-20, 8-27-20, 8-26-21, 5-3-22, 4-25-23, 5-23-23, 6-27-23, 8-22-23, 7-2-24, 8-27-24, 9-23-25, 12-21-25, 2-24-26, 3-26-26, 5-21-26, 8-3-26.

Fla. Admin. Code R. 6A-1.0941 Minimum Student Performance Standards

History

• Rulemaking Authority 229.565(1), 232.245 FS. Law Implemented 229.053(2)(a), 229.565(1), 229.57(3)(a), (c), 232.246(6)(a), (b) FS. History–New 4-28-77, Amended 5-24-79, 7-16-79, 4-10-80, 3-4-84, 5-24-84, 11-27-85, Formerly 6A-1.941, Amended 5-16-89, 5-16-90, 6-14-94, 9-28-99, Repealed 11-13-12.

Fla. Admin. Code R. 6A-1.09411 K-12 Civic Education Curriculum

(1) It is the intent of the State Board of Education that high school graduates have sufficient knowledge of United States civics and government, particularly the principles reflected in the Declaration of Independence and the Constitution of the United States, so as to be capable of discharging the responsibilities associated with American citizenship.

(2) To help families, civic institutions, local communities, district school boards, and charter schools prepare students to be civically responsible and knowledgeable adults, the requirements for an integrated civic education curriculum that school districts and charter schools utilize for grades K through 12 are as follows:

(a) Using the social studies standards adopted in Rule 6A-1.09401, F.A.C., Student Performance Standards, the instruction and curriculum for integrated civics education must advance student content knowledge and skills each year as developmentally appropriate.

(b) Curriculum and instruction must comply with the efficient and faithful teaching of the required topics and must be consistent with the Next Generation Sunshine State Standards and the Benchmarks for Excellent Student Thinking (B.E.S.T.) Standards, per Rule 6A-1.094124, F.A.C., Required Instruction Planning and Reporting.

(3) The integrated civic education curriculum must assist students in developing:

(a) An understanding of their shared rights and responsibilities as residents of the state and of the founding principles of the United States, and must include the following topics:

1. A review of select colonial American charters, compacts, and laws that preceded and influenced the Declaration of Independence and the Constitution of the United States.

2. The history and content of the Declaration of Independence, including national sovereignty, natural law, self-evident truths, equality of all persons, limited government, consent of the governed, right of resistance, popular sovereignty, and the divine source of inalienable rights of life, liberty, and property, and how those rights form the philosophical foundation of our government.

3. The history, meaning, significance, and effect of the provisions of the Constitution of the United States and amendments thereto, with emphasis on each of the ten (10) amendments that make up the Bill of Rights, and how the Constitution provides the structure of our government.

4. The arguments in support of adopting our republican form of government, as they are embodied in the most important of the Federalist Papers.

(b) A sense of civic pride and desire to participate regularly with government at the local, state, and federal levels.

(c) An understanding of the process for effectively advocating before government bodies and officials.

(d) An understanding of the civic-minded expectations of an upright and desirable citizenry that recognizes and accepts responsibility for preserving and defending the blessings of liberty inherited from prior generations and secured by the United States Constitution. An upright and desirable citizen:

1. Has a thorough knowledge of America’s founding principles and documents, and is equipped to apply this knowledge.

2. Demonstrates civic virtue and self-government that promotes the success of the United States constitutional republic through personal responsibility, civility, and respect in political, social, and religious discourse and lawful civic engagement.

3. Respects the military, elected officials, civic leaders, public servants, and all those who have defended the blessings of liberty in pursuit of the common good, even at personal risk.

4. Understands the United States Constitution, Bill of Rights, and other amendments in their historical context; defends the core values of these documents and the principles that shaped them.

5. Recognizes how political ideologies, such as communism and totalitarianism, conflict with the principles of freedom and democracy essential to preserving the United States constitutional republic.

6. Appreciates the price paid by previous generations to secure the blessings of liberty and why it is the responsibility of current and future generations to preserve it.

History

• Rulemaking Authority 1001.02(2)(n), 1003.41(4), 1003.44(6) FS. Law Implemented 1003.41, 1003.42, 1003.44 FS. History–New 11-23-21.

Fla. Admin. Code R. 6A-1.09412 Course Requirements – Grades K-12 Basic and Adult Secondary Programs

(1) A course description directs district personnel by providing the essential content and course requirements for each course in grades K-12 contained in the “Course Code Directory and Instructional Personnel Assignments” adopted by Rule 6A-1.09441, F.A.C.

(2) Course requirements approved by the State Board of Education are contained in the following publications and are hereby incorporated by reference and made a part of this rule. Copies of approved course descriptions may be obtained from Division of Public Schools, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(a) Art – Visual Arts – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13655),

(b) CLEP Credits via CAP – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13672),

(c) Computer Science – effective December 2024 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17254),

(d) Dance – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13674),

(e) Drama – Theatre Arts – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13675),

(f) Driver Education and Traffic Safety – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13676),

(g) English Language Arts – effective May 2022 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14162),

(h) Experiential Education – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13678),

(i) Health Education – effective July 2024 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16689),

(j) Humanities – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13680),

(k) JROTC and Military Training – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13681),

(l) Leadership Skills Development – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13682),

(m) Library Media – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13683),

(n) Mathematics – effective August 2025 (http://www.flrules.org/Gateway/reference.asp?No=Ref-18222),

(o) Music Education – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13685),

(p) Peer Counseling – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13686),

(q) Physical Education – effective July 2024 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16690),

(r) Research and Critical Thinking – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13688),

(s) Science – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13689),

(t) Social Studies – effective December 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18879),

(u) Study Hall – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13691),

(v) Temporary Instructional Placement – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13692),

(w) World Languages – effective November 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13693).

6A-1.094120 Youth Mental Health Awareness Training and Reporting.

(1) Purpose. The purpose of this rule is to set forth requirements for training and reporting of Youth Mental Health Awareness Training, pursuant to Section 1012.584(5), F.S.

(2) Definitions. In this rule, the terms have the following meaning:

(a) “Department” means the Department of Education;

(b) “School District” means the Florida Virtual School under Section 1002.37, F.S., the Florida School for the Deaf and the Blind under Section 1002.36, F.S., Developmental Research (Laboratory) Schools under Section 1002.32, F.S., and districts set forth in Article IX, Section 4, of the Florida Constitution;

(c) “School Personnel” means persons who must receive Youth Mental Health Awareness Training in any public school in a School District, including a charter school.

(d) “Youth Mental Health Awareness Training” means programs designed to help school personnel identify and understand signs of emotional disturbance, mental illness and substance abuse disorders and provide school personnel with the skills to assist a person who may be developing or experiencing an emotional, mental health or substance use concern.

(3) Approved Youth Mental Health Awareness Training. The program approved by the Department to provide Youth Mental Health Awareness Training to school personnel is listed at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml. All school personnel identified as set forth in subsection (4) of this rule must receive this training.

(4) Presumptive Identification of School Personnel for Training and Certification.

(a) The Department will provide, by February 1 of each year, a list of job codes or categories from the document entitled “Data Elements – Staff” incorporated in Rule 6A-1.0014, F.A.C., Comprehensive Management Information System, in order to identify the positions that must receive Youth Mental Health Awareness Training. This list will be posted annually at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml.

(b) Unless a School District submits a request to establish another method of identifying school personnel and receives approval from the Department, a School District must use these job codes and categories and the persons who hold these positions as of February 1, when providing the certification required by this rule.

(5) Certification of Training.

(a) The annual certification that at least 80% of school personnel in a School District, including school personnel at charter schools, have completed the approved youth mental health awareness training must be submitted to the Department on the form entitled “Annual Certification of Youth Mental Health Awareness Training,” Form No. YMHAT-1 by July 1 of each year. This form, effective August 2026, is incorporated by reference (http://flrules.org/Gateway/reference.asp?No=Ref-19565) and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml.

(b) This form must be submitted by the superintendent or designee. Instructions to submit this form may be obtained at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml.

(6) Charter Schools. School Districts must implement procedures to include school personnel at charter schools in the School District’s certification. A School District may rely upon a charter school’s certification without independent verification when submitting the School District’s certification of training under subsection (5) of this rule.

6A-1.094121 Mental and Emotional Health Education

6A-1.094122 Substance Use and Abuse Health Education.

6A-1.094123 Child Trafficking Prevention Education.

6A-1.094124 Required Instruction Planning and Reporting.

(1)(a) Each year school districts must submit a Required Instruction Implementation Plan that describes how instruction will be provided for topics in Section 1003.42(2)(a)-(o) and (q)-(w), F.S., for the upcoming school year.

(b) The Implementation Plan must be submitted electronically to https://districts.flimadoption.org.

(c) The implementation plan is due annually no later than July 1.

(2) The implementation plan must include:

(a) The methods in which instruction will be delivered for each grade level;

(b) The professional qualifications of the person delivering instruction; and

(c) A description of the materials and resources utilized to deliver instruction.

(3) As provided in Section 1003.42(2), F.S., members of instructional staff in public schools must teach the required instruction topics efficiently and faithfully, using materials that meet the highest standards of professionalism and historical accuracy.

(a) Efficient and faithful teaching of the required topics must be consistent with Florida’s state academic standards.

(b) Instruction on the required topics must be factual and objective, and may not suppress or distort significant historical events, such as the Holocaust, the atrocities committed by communist governments, slavery, the Civil War and Reconstruction, the civil rights movement and the contributions of women, African Americans, Asian Americans, Pacific Islanders, and Hispanic Americans to our country, as already provided in Section 1003.42(2), F.S. Examples of theories that distort historical events and are inconsistent with State Board approved standards include the denial or minimization of the Holocaust, and the teaching of Critical Race Theory, meaning the theory that racism is not merely the product of prejudice, but that racism is embedded in American society and its legal systems in order to uphold the supremacy of white persons. Instruction may not utilize material from the 1619 Project and may not define American history as something other than the creation of a new nation based largely on universal principles stated in the Declaration of Independence. Instruction must include the U.S. Constitution, the Bill of Rights and subsequent amendments.

(c) Efficient and faithful teaching further means that any discussion is appropriate for the age and maturity level of the students, and teachers serve as facilitators for student discussion and do not share their personal views or attempt to indoctrinate or persuade students to a particular point of view that is inconsistent with Florida’s state academic standards.

(4) Resiliency Education: Civic and Character Education and Life Skills Education.

(a) Civic and character education, and life skills education that builds confidence and supports mental health, are combined to develop and prepare more resilient students. The purpose of aligning these two components of statutorily required instruction is to initiate a first in the nation approach to connecting the concepts of students’ readiness, resiliency and, when necessary, response and recovery.

(b) School districts must annually provide a minimum of five (5) hours of data-driven instruction to students in grades 6-12 related to civic and character education and life skills education through resiliency education using the health education standards adopted in Rule 6A-1.09401, F.A.C., Student Performance Standards. The instruction will advance each year through developmentally appropriate instruction and skill building and must address, at a minimum, the following topics:

1. Strategies specific to demonstrating resiliency through adversity, including the benefits of service to the community through volunteerism;

2. Strategies to develop healthy characteristics that reinforce positive core values and foster resiliency such as:

a. Empathy, perseverance, grit, gratitude and responsibility;

b. Critical thinking, problem solving and responsible decision-making;

c. Self-awareness and self-management;

d. Mentorship and citizenship; and

e. Honesty.

3. Recognition of signs and symptoms of mental health concerns;

4. Promotion of resiliency to empower youth to persevere and reverse the harmful stigma of mental health by reframing the approach from mental health education to resiliency education;

5. Strategies to support a peer, friend, or family member through adversity;

6. Prevention of suicide;

7. Prevention of the abuse of and addiction to alcohol, nicotine, and drugs; and

8. Awareness of local school and community resources and the process for accessing assistance.

(5) Substance Use and Abuse Health Education.

(a) School districts must annually provide instruction to students in grades K-12 related to youth substance use and abuse health education.

(b) Using the health education standards adopted in Rule 6A-1.09401, F.A.C., Student Performance Standards, the instruction for substance use and abuse education will advance each year through developmentally appropriate instruction and skill building.

(6) Child Trafficking Prevention Education.

(a) It is the intent of the State Board of Education that every school in Florida be a “Child Trafficking Free Zone.”

(b) School districts must annually provide instruction to students in grades K-12 related to child trafficking prevention and awareness.

(c) Using the health education standards adopted in Rule 6A-1.09401, F.A.C., Student Performance Standards, the instruction for child trafficking prevention will advance each year through developmentally appropriate instruction and skill building.

(d) Age-appropriate elements of effective and evidence-based programs and instruction to students in grades K-12 related to child trafficking prevention and awareness and must address, at a minimum, the following topics:

1. Recognition of signs of human trafficking;

2. Awareness of resources, including national, state and local resources;

3. Prevention of the abuse of and addiction to alcohol, nicotine, and drugs;

4. Information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance; and

5. Information on how social media and mobile device applications are used for human trafficking.

(e) In order to assist with instruction, the department will maintain a human trafficking webpage, located at http://www.fldoe.org/schools/healthy-schools/human-trafficking.stml, with information about the education described in this rule; resources on abuse, including sexual abuse, and human trafficking prevention for professional learning purposes; and materials for parents, guardians, and other caretakers of students.

(7) The History of the Holocaust (1933-1945) and The History of African Americans.

(a) Each superintendent, or designee, must certify that the requirements of Sections 1003.42(2)(g) and (h), F.S., have been met. The certification, Form RI-1, Certifications Required by Section 1003.42, Florida Statutes, (https://www.flrules.org/Gateway/reference.asp?No=Ref-16694) (effective July 2024) is incorporated by reference and may be obtained at https://districts.flimadoption.org.

(b) This certification must be submitted electronically to https://districts.flimadoption.org.

(c) The certification is due annually by July 1.

(8) When a school district’s plan for instruction as set forth in subsection (2) does not meet the requirements of this rule or Section 1003.42, F.S., school districts must be provided no less than forty-five (45) days in order to submit revisions to the department.

(9) Failure to comply with the requirements of this rule may result in the imposition of sanctions described in Section 1008.32, F.S.

6A-1.094125 Special Magistrate for Unresolved Student Welfare Complaints.

(1) Purpose. As an alternative to filing a declaratory judgment action in court against a school district, a student’s parent may request a Special Magistrate be appointed to address a parent’s dispute involving the requirements described in Section 1001.42(8)(c), F.S. The purpose of this rule is to provide information about the process to request appointment of a Special Magistrate.

(2) Definitions. In this rule, the terms have the following meaning:

(a) “Days” means business days and excludes state, federal and school district holidays;

(b) “Department” means the Florida Department of Education;

(c) “Parental Request for Appointment of a Special Magistrate” or “Parental Request” means the written form adopted by and incorporated into this rule;

(d) “Parent” means the definition of that term provided in Section 1000.21, F.S.;

(e) “Parties” means the parent who submitted a request for appointment of a special magistrate and the school district;

(f) “Special Magistrate” means an administrative law judge provided by the Division of Administrative Hearings under Section 120.65(6), F.S., or a person appointed by the Commissioner of Education who is a member of the Florida Bar in good standing with a minimum of five years of administrative law experience.

(3) Parental Obligations. In order to request appointment of a special magistrate, a parent must:

(a) Complete the form entitled “Parental Request for Appointment of a Special Magistrate;”

(b) Describe the nature of the dispute;

(c) Describe the resolution or relief sought at the school and school district level;

(d) Describe the resolution sought from the special magistrate and the State Board of Education;

(e) Demonstrate that before filing for the appointment of a special magistrate, resolution of the dispute was sought by the parent with the student’s principal and subsequent to that, resolution was sought by the parent at the school district level, all in accordance with the procedures adopted by the school district for resolution of the dispute; and

(f) Provide and maintain accurate contact information such as an email address, telephone number and mailing address for the parent.

(4) School District Obligations. Each school district must:

(a) Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a special magistrate and notify the Department of the name and email address of the individual;

(b) Within five (5) days of receipt of notice that a parent has requested the appointment of a special magistrate as described in subsection (3), provide to the Department a statement addressing whether any of the grounds for dismissal as described in paragraph (5)(b) of this rule apply to the parental request for appointment of a special magistrate; and

(c) Expeditiously contract for payment of a special magistrate appointed by the Commissioner of Education and notify the Department within no more than twenty (20) days after receiving notice of the appointment of a Special Magistrate that an agreement has been reached for payment with the appointed special magistrate.

(5) Department of Education Obligations.

(a) Review of “Parental Request for Appointment of a Special Magistrate.” Upon receipt of the form entitled “Parental Request for Appointment of a Special Magistrate,” the Department will:

1. Review the form and provide an opportunity for the parent to provide missing or supplemental information within twenty (20) days of receipt of a Departmental notice that missing or supplemental information is needed;

2. Notify the school district of receipt of the Parental Request for Appointment of a Special Magistrate; and

3. Provide written notice to the parent and school district that the request has been provided to the Commissioner of Education for consideration or provide notice of dismissal of the Parental Request.

(b) Dismissal of Parental Request for Appointment of Special Magistrate by the Department. The Department will dismiss a Parental Request under the following circumstances:

1. The parent notifies the Department that the dispute has been resolved or withdrawn;

2. The Parental Request form has not been substantially completed, after the opportunity to provide missing or supplemental information has been provided;

3. The parent has not demonstrated full and complete use of any school and school district procedures adopted by the district under Section 1001.42(8)(c)7., F.S., for resolving the dispute;

4. The matter in dispute falls under the Individuals with Disabilities Education Act, as amended, and its implementing regulations, or under Section 1003.56, F.S., and rules adopted by the Department to implement Section 1003.56, F.S., or is otherwise outside of the scope of the student welfare requirements set forth in Sections 1001.42(8)(c)1.-7., F.S.; or

5. The parent has failed to maintain accurate contact information with the Department or the Special Magistrate.

(c) Obligations Post Appointment of Special Magistrate. Upon appointment of a special magistrate by the Commissioner under subsection (6) of this rule, the Department will:

1. Provide the parties notice of the appointment of a Special Magistrate and advise the parties of the following:

a. The name and contact information of the special magistrate;

b. The time frame when the special magistrate is expected to provide a written recommendation to the State Board of Education; and

c. The requirement to maintain accurate contact information with the Department and the Magistrate;

2. Provide to the Special Magistrate the following:

a. The Parental Request and any supplemental information received by the Department upon review of the Parental Request; and

b. In order to allow sufficient time for review by the State Board of Education of a recommendation rendered by the Special Magistrate, the time frame(s) when a recommended decision is expected to be provided by the Special Magistrate to the parties and the State Board of Education. This timeframe may be extended by agreement of the parties.

(6) Commissioner of Education. The Commissioner of Education will review each pending completed Parental Request and decide whether to appoint a special magistrate utilizing the following factors:

(a) Whether there is authority and the ability to provide effective relief to the parent through the special magistrate process;

(b) Whether the parent is seeking or has already sought relief in court;

(c) Whether due to a change in circumstances, such as a change in a student’s school or grade level or a change in procedures or training, the dispute is moot or not ripe; and

(d) Whether grounds for dismissal of the Parental Request, as described in paragraph (5)(b) of this rule, are found to exist.

(7) Special Magistrate Procedures.

(a) Where an administrative law judge provided by the Division of Administrative Hearings is available and assigned to act as the Special Magistrate, proceedings before the Special Magistrate will be held in accordance with the rules of the Division of Administrative Hearings, except where inconsistent with this rule or Section 1001.42(8)(c), F.S.

(b) Where a Division of Administrative Hearings administrative law judge is unavailable or the Commissioner appoints the Special Magistrate, the following procedures apply:

1. The special magistrate shall set and notify all parties of the time and place of the hearings.

2. Any party directly involved in the proceeding may appear at the hearing with or without counsel or by other representative.

3. The parties or the magistrate may call, examine, and cross-examine witnesses and enter evidence into the record. Witnesses shall be examined under oath. Evidentiary matters before the special magistrate shall be governed by the Administrative Procedure Act.

4. The magistrate may permit the submission of written memorandum by the parties.

(c) Following the close of the hearing, the Special Magistrate shall prepare a recommended decision, determining whether a parent has demonstrated a violation of the requirements of Section 1001.42(8)(c), F.S., by the school district. The Special Magistrate’s recommended decision shall be based upon the evidence presented and argument made before the special magistrate. The recommendation shall include findings of fact and recommendations for resolution of the dispute by the parties.

(d) The Special Magistrate’s recommended decision is due within thirty (30) days of the date a parent request is received by the special magistrate from the Department. The 30-day time frame can be extended upon agreement of the parent and school district. A party may be deemed to have agreed to an extension if unavailable for hearing at the date and time set or where a party fails to timely respond to scheduling orders issued by the magistrate.

(8) The following form is incorporated by reference and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/: Parental Request for Appointment of a Special Magistrate, Form No. SM-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15892) (effective September 2023).

6A-1.094126 Special Magistrate for Materials Used in Classroom or School Libraries.

(1) Purpose. The purpose of this rule is to describe the process for a parent to request the appointment of a Special Magistrate to determine whether a school district properly considered a parental objection to the use of specific material in school under s. 1006.28(2)(a)2., F.S.

(2) Definitions. In this rule, the terms have the following meaning:

(a) “Days” means business days and excludes state, federal, and school district holidays;

(b) “Department” means the Florida Department of Education;

(c) “Parental Request for Appointment of a Special Magistrate for Materials used in Classroom or School Libraries” or “Parental Request” means the written form adopted by and incorporated into this rule;

(d) “Parent” means the definition of that term provided in s. 1000.21(6), F.S.;

(e) “Parties” means the parent who submitted a request for appointment of a special magistrate and the school district;

(f) “Special Magistrate” means an administrative law judge provided by the Division of Administrative Hearings (DOAH) under s. 120.65(6), F.S., or a person appointed by the Commissioner of Education (Commissioner) who is a member of the Florida Bar in good standing with a minimum of five years of administrative law experience.

(3) Types of Materials Potentially Subject to the Special Magistrate Process.

(a) Except as set forth in paragraph (3)(b), the appointment of a Special Magistrate will be considered for parental objections to any type of material made available to a student in a school library, included on a school, grade, or classroom reading list, or used in a classroom.

(b) A special magistrate will not be appointed for parental objections to instructional materials that were adopted by a school district or are in the process of adoption by a school district using district procedures for public review and comment as required by ss. 1006.40(4) and 1006.283(2)(b)8., 9., and 11., F.S.

(4) Relief Potentially Available under the Special Magistrate Process. The special magistrate process is available to determine whether a district considered a parental objection under procedures that meet the requirements of s. 1006.28(2)(a), F.S. Relief available to a parent under the special magistrate process does not include the removal of material or limiting student access to material.

(5) Parent Obligations. To request appointment of a Special Magistrate, a parent must:

(a) Complete the Parental Request form referenced in subsection (10) of this rule;

(b) Demonstrate that before filing the Parental Request, the parent filed an objection with the school board and the school board has either ruled on the objection or has failed to timely process the objection under s. 1006.28(2)(a)2., F.S., and the procedures adopted by the school board;

(c) Describe the nature of the original objection submitted to the district, including the title and ISBN of the specific material objected to and the reason for the objection;

(d) Describe how the district failed to establish an adequate policy to address objections to materials as required by s. 1006.28(2)(a)2., F.S., or failed to follow that policy when resolving the objection; and

(e) Describe the resolution sought from the Special Magistrate and the State Board of Education.

(6) School District Obligations. Each school district must:

(a) Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a special magistrate and notify the Department of the name and email address of the individual;

(b) Within fifteen (15) days of receipt of notice from the Department that a parent has requested the appointment of a Special Magistrate as described in subsection (5), provide to the Department the following:

1. The procedure adopted by the school board to address the parent’s objection, including a web address where the procedures can be found;

2. A description of the parent’s use of these procedures, including the nature of the objection submitted to the district and the district’s decision on the objection;

3. A description of any school district remedies that remain available to the parent to resolve the objection; and

4. A statement identifying any of the grounds for dismissal of the request for appointment of a special magistrate, as described in paragraph (7)(b) of this rule.

(c) Expeditiously contract for payment of a Special Magistrate appointed by the Commissioner and notify the Department within twenty (20) days after receiving notice of the appointment of a Special Magistrate that an agreement has been reached for payment with the appointed Special Magistrate.

(7) Department of Education Obligations.

(a) Review of Parental Request. Upon receipt of the Parental Request, the Department will:

1. Review the form and provide an opportunity for the parent to provide missing or supplemental information within twenty (20) days of mailing of a Departmental notice that missing or supplemental information is needed;

2. Notify the school district of receipt of the Parental Request; and

3. Provide written notice to the parent and school district if a Special Magistrate has been appointed or the request has been dismissed.

(b) Dismissal of Parental Request. The Department may dismiss the Parental Request under the following circumstances:

1. The parent notifies the Department that the objection has been resolved or withdrawn;

2. The Parental Request form has not been substantially completed, after the opportunity to provide missing or supplemental information has been provided;

3. The parent has not demonstrated full and complete use of school and school district procedures adopted by the district under s. 1006.28(2)(a), F.S., for resolving the objection;

4. The parent fails to allege that the district either failed to create a policy as required by s. 1006.28(2)(a)2., F.S., or did not follow the policy when ruling on the objection; or

5. The parent failed to maintain accurate contact information with the Department or the Special Magistrate.

(c) Obligations Post Appointment of Special Magistrate. Upon appointment of a Special Magistrate by the Commissioner under subsection (8) of this rule, the Department must:

1. Provide the parties notice of the appointment of a Special Magistrate and advise the parties of the following:

a. The name and contact information of the Special Magistrate;

b. The time frame when the Special Magistrate must provide a written recommendation to the State Board of Education; and

c. The requirement to maintain accurate contact information with the Department and the Special Magistrate;

2. Provide to the Special Magistrate the following:

a. The Parental Request and any supplemental information received by the Department upon review of the Parental Request; and

b. A timeline for the Special Magistrate to submit the Recommendation to the State Board for the purpose of allowing sufficient time for the State Board to review the Recommendation and facilitating the efficient scheduling of State Board meetings. The timeline may only exceed the 30-day limit in paragraph (9)(d) of this rule if agreed to by the parties.

(8) Commissioner of Education. The Commissioner of Education will review each completed Parental Request that has not been dismissed by the Department under paragraph (7)(b) of this rule and decide whether to appoint a Special Magistrate utilizing the following factors:

(a) Whether there is authority and the ability to provide effective relief to the parent through the special magistrate process;

(b) Whether the parent is seeking or has already sought relief in court;

(c) Whether due to a change in circumstances, such as the school or district removed the specific material objected to or the district has agreed to reconsider the objection and remedy any procedural errors; and

(d) Whether grounds for dismissal of the Parental Request, as described in paragraph (7)(b) of this rule, are found to exist.

(9) Special Magistrate Procedures.

(a) Where an administrative law judge provided by DOAH is available and assigned to act as the Special Magistrate, proceedings before the Special Magistrate will be held in accordance with DOAH rules, except where inconsistent with this rule or s. 1006.28(2)(a)6., F.S.

(b) Where an administrative law judge from DOAH is unavailable or the Commissioner appoints the Special Magistrate, the following procedures apply:

1. The Special Magistrate must set and notify all parties of the time and place of the hearings.

2. Any party directly involved in the proceeding may appear at the hearing with or without counsel or by other representative.

3. The parties and the Special Magistrate may call, examine, and cross-examine witnesses and enter evidence into the record. Witnesses must be examined under oath. Evidentiary matters before the Special Magistrate will be governed by the Administrative Procedure Act and DOAH rules.

4. The Special Magistrate may permit the submission of written memorandum by the parties; however, the submission of written memorandum may not extend the 30-day timeline established by paragraph (9)(d) of this rule unless agreed to by the parties.

(c) Following the close of the hearing, the Special Magistrate must prepare a written recommendation (Recommendation), determining whether a parent has demonstrated that the school district has failed to create an adequate policy as required by s. 1006.28(2)(a)2., F.S., or has materially failed to follow that policy. The Special Magistrate’s Recommendation must be based upon the evidence presented and argument made before the Special Magistrate. The Recommendation must include findings of fact, conclusions of law, and recommendations for resolution of the dispute by the parties. The Special Magistrate’s findings of fact must be accepted by the State Board unless they are not supported by competent, substantial evidence admitted at the hearing or stipulated by the parties. The Special Magistrate’s conclusions of law must be accepted by the State Board unless a contrary conclusion is more reasonable.

(d) The Special Magistrate’s Recommendation is due within thirty (30) days of the date the Special Magistrate receives the Parental Request from the Department. The 30-day time frame can be extended upon agreement of the parties. A party may be deemed to have agreed to an extension if unavailable for hearing at the date and time set or where a party fails to timely respond to scheduling orders issued by the Special Magistrate.

(10) The following form is incorporated by reference and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/: Parental Request for Appointment of a Special Magistrate for Materials Used in Classroom or School Libraries, Form No. SM-MAT (http://www.flrules.org/Gateway/reference.asp?No=Ref-15891) (effective September 2023).

6A-1.094127 Special Magistrate for Teacher Empowerment.

(1) Purpose. A teacher may request a Special Magistrate be appointed if the teacher was directed by his or her school or school district to violate general law or State Board rules as described in s. 1015.06, F.S. The purpose of this rule is to provide information about the process to request appointment of a Special Magistrate.

(2) Definitions. In this rule, the terms below have the following meaning:

(a) “Days” means business days and excludes state, federal, and school district holidays;

(b) “Department” means the Florida Department of Education;

(c) “Teacher Request for Appointment of a Special Magistrate” or “Teacher Request” means the written form adopted by and incorporated into this rule;

(d) “Teacher” means a classroom teacher as defined in s. 1012.01(2)(a), F.S.;

(e) “Parties” means the teacher who submitted a request for appointment of a Special Magistrate and the school district;

(f) “School District Procedure or Practice” means a written or unwritten, generally applicable policy or procedure established by the school or school district that guides, attempts to guide, or is used to guide teacher conduct, or a written or unwritten directive or request from an employee of the school or school district with supervisory authority over the teacher or from another employee when credibly backed with the threat of disciplinary action; and

(g) “Special Magistrate” means an administrative law judge provided by the Division of Administrative Hearings under s. 120.65(6), F.S., or a person appointed by the Commissioner of Education who is a member of the Florida Bar in good standing with a minimum of five (5) years of administrative law experience.

(3) Teacher Obligations. To request appointment of a Special Magistrate, the teacher must:

(a) Complete the form entitled “Teacher Request for Appointment of a Special Magistrate;”

(b) Describe the nature of the dispute, including the school district procedure or practice in question and the general law(s) or State Board rule(s) the school district is allegedly directing the teacher to violate through its procedure or practice;

(c) Describe the resolution or relief previously sought at the school and school district level;

(d) Describe the resolution sought from the Special Magistrate and the State Board of Education (State Board);

(e) Demonstrate that before filing for the appointment of a Special Magistrate, resolution of the dispute was sought by the teacher with the teacher’s principal and subsequent to that, resolution was sought by the teacher at the school district level, all in accordance with the procedures adopted by the school district for resolution of the dispute. In order to meet this requirement, the teacher must demonstrate that he or she has, in writing, pointed the principal and school district personnel to the specific provision(s) of general law or State Board rule the district is requiring him or her to violate and how that act or omission would violate that specific provision of general law or State Board rule; and

(f) Provide and maintain accurate contact information such as an email address, telephone number and mailing address for the teacher.

(4) School District Obligations. Each school district must:

(a) Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate by a teacher and notify the Department of the name and email address of the individual;

(b) Within fifteen (15) days of receipt of notice from the Department that a teacher has requested the appointment of a Special Magistrate, provide to the Department a statement addressing the following:

1. Whether the person requesting the appointment of a Special Magistrate is a classroom teacher employed by the school district;

2. A description of the district’s procedures for resolution, including citations where the procedures can be found;

3. Whether the district’s procedures for resolution were fully utilized at the school and district level and whether any school district remedies continue to be available for resolution;

4. Whether any of the grounds for dismissal as described in paragraph (5)(b) of this rule apply to the request for appointment of a Special Magistrate; and

5. Any other information which would assist the Department with the request for appointment.

(c) Expeditiously contract for payment of a Special Magistrate appointed by the Commissioner of Education (Commissioner) and notify the Department within no more than twenty (20) days after receiving notice of the appointment of a Special Magistrate that an agreement has been reached for payment with the appointed Special Magistrate.

(5) Department of Education Obligations.

(a) Review of “Teacher Request for Appointment of a Special Magistrate.” Upon receipt of the form entitled “Teacher Request for Appointment of a Special Magistrate,” the Department will:

1. Review the form and provide an opportunity for the teacher to provide missing or supplemental information within twenty (20) days of receipt of a Departmental notice that missing or supplemental information is needed;

2. Provide the completed request for appointment of a Special Magistrate to the school district and provide notice to the district when the district statement required by paragraph (4)(b) is due to the Department; and

3. Provide written notice to the teacher and school district of the appointment of a Special Magistrate or notice of dismissal of the Teacher’s Request by the Department.

(b) Dismissal of a Teacher Request for Appointment of Special Magistrate by the Department. The Department may dismiss the Teacher’s Request under the following circumstances:

1. The teacher notifies the Department that the dispute has been resolved or withdrawn;

2. The Teacher Request has not been substantially completed, after the opportunity to provide missing or supplemental information has been provided;

3. The teacher has not demonstrated full and complete use of any school and school district procedures adopted by the district under s. 1015.06, F.S. for resolving the dispute;

4. The request was not made by a teacher or the request does not involve a matter that can be heard by a Special Magistrate; or

5. The teacher has failed to maintain accurate contact information with the Department or the Special Magistrate.

(c) Obligations Post Appointment of Special Magistrate. Upon appointment of a Special Magistrate by the Commissioner under subsection (6) of this rule, the Department must:

1. Provide the parties notice of the appointment of a Special Magistrate and advise the parties of the following:

a. The name and contact information of the Special Magistrate;

b. The time frame when the Special Magistrate is expected to provide a written recommendation to the State Board; and

c. The requirement to maintain accurate contact information with the Department and the Special Magistrate;

2. Provide to the Special Magistrate the following:

a. The Teacher’s Request, the district’s statement required by paragraph (4)(b), and any supplemental information received by the Department upon review of the Teacher’s Request; and

b. A timeline for the Special Magistrate to submit the Recommendation to the State Board for the purpose of allowing sufficient time for the State Board to review the Recommendation and facilitating the efficient scheduling of State Board meetings. The timeline may only exceed the 30-day limit in s. 1015.06(1)(a), F.S., and (7)(d) of this rule if agreed to by the parties.

(6) Commissioner of Education. Any request that has not been dismissed by the Department, will be considered by the Commissioner for appointment of a Special Magistrate utilizing the following factors:

(a) Whether there is authority and the ability to provide effective relief to the teacher through the Special Magistrate process;

(b) Whether the teacher is seeking or has already sought relief in court;

(c) Whether grounds for dismissal of the Teacher Request as described in paragraph (5)(b) of this rule exist.

(d) Whether the teacher retired, left the education field, or is no longer employed by the school or school district party to the Teacher Request.

(e) Whether a referral to a Special Magistrate would interfere with an investigation, or any other administrative, civil, or criminal proceeding.

(f) Whether resolution could be accomplished more expeditiously through other means.

(7) Special Magistrate Procedures.

(a) Where an administrative law judge provided by the Division of Administrative Hearings (DOAH) is available and assigned to act as the Special Magistrate, proceedings before the Special Magistrate will be held in accordance with DOAH rules, except where inconsistent with this rule or s. 1015.06, F.S.

(b) Where an administrative law judge from DOAH is unavailable or the Commissioner appoints the Special Magistrate, the following procedures apply:

1. The Special Magistrate must set and notify all parties of the time and place of the hearings.

2. Any party directly involved in the proceeding may appear at the hearing with or without counsel or by other representative.

3. The parties and the Special Magistrate may call, examine, and cross-examine witnesses and enter evidence into the record. Witnesses must be examined under oath. Evidentiary matters before the Special Magistrate will be governed by the Administrative Procedure Act and DOAH rules.

4. The Special Magistrate may permit the submission of written memorandum by the parties; however, the submission of written memorandum may not extend the 30-day timeline established by s. 1015.06(1)(a) and (7)(d) of this rule unless agreed to by the parties.

(c) Following the close of the hearing, the Special Magistrate must prepare a recommended decision (Recommendation), determining whether the teacher has demonstrated that a school or school district directed the teacher to violate general law or State Board rule. The Special Magistrate’s Recommendation must be based on the evidence presented and argument made before the Special Magistrate. The Recommendation must include findings of fact, conclusions of law, and recommendations for resolution of the dispute by the parties. The Special Magistrate’s findings of fact must be accepted by the State Board unless they are not supported by competent, substantial evidence admitted at the hearing. The Special Magistrate’s conclusions of law must be accepted by the State Board unless a contrary conclusion is more reasonable.

(d) The Special Magistrate’s Recommendation is due within thirty (30) days of the date the Teacher Request is received by the Special Magistrate from the Department. The 30-day time frame can be extended upon agreement of the parties. A party may be deemed to have agreed to an extension if unavailable for hearing at the date and time set or where a party fails to timely respond to scheduling orders issued by the Special Magistrate.

(8) Other Procedures.

(a) Initiating a Special Magistrate proceeding described in this rule does not affect an ongoing employment action against a teacher, nor does it prevent a school or school district from initiating employment action against a teacher. However, the Special Magistrate’s Recommendation, if approved by the State Board, as well as the State Board’s order on the Recommendation, can be used as evidence in an employment action if otherwise permitted by law.

(b) In its order on the Special Magistrate’s Recommendation, the State Board may, pursuant to s. 1015.06(1)(c), F.S., order the school district to withhold the superintendent’s salary until the school or school district has submitted a statement to the Department in writing that it is no longer directing any teacher to follow the school district procedure or practice the State Board found to violate general law or State Board rule.

(c) If at any point after a Teacher Request is filed and before the State Board votes on the Special Magistrate’s Recommendation, the school or school district notifies the Department or the Special Magistrate that the school or school district is no longer directing the teacher to act or refrain from acting as alleged in the Teacher Request, the Department or the Special Magistrate may dismiss the Teacher Request if it finds that the school or school district is unlikely to direct a teacher to act or refrain from acting in the same way in the future.

(9) The following form is incorporated by reference and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/: Teacher’s Request for Appointment of a Special Magistrate, Form No. TRSM-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15715) (effective August 2023).

History

• Rulemaking Authority 1001.02(1), (2)(n), 1001.03(1) FS. Law Implemented 1001.03 FS. History–New 2-21-85, Formerly 6A-1.9412, Amended 1-29-86, 1-1-87, 9-6-88, 12-13-88, 12-11-89, 1-15-91, 2-20-92, 6-6-93, 10-18-94, 8-28-95, 5-14-96, 9-15-97, 10-13-98, 5-3-99, 5-3-01, 10-15-01, 12-17-02, 7-26-05, 11-21-05, 7-27-06, 1-18-07, 3-24-08, 10-21-09, 5-3-10, 7-27-11, 8-21-12, 3-25-14, 6-23-15, 5-5-20, 10-27-20, 11-23-21, 5-3-22, 8-22-23, 7-2-24, 12-24-24, 8-19-25, 12-21-25.
• Rulemaking Authority 1001.02(1), (2)(n) FS. Law Implemented 1012.584 FS. History–New 11-22-22, Amended 6-17-26.
• Rulemaking Authority 1001.02(2)(n), 1003.42 F.S. Law Implemented 1003.42 FS. History–New 8-20-19, Repealed 12-22-20.
• Rulemaking Authority 1001.02(2)(n), 1003.42 FS. Law Implemented 1003.42 FS. History–New 9-24-19, Repealed 12-22-20.
• Rulemaking Authority 1001.02(2)(n), 1003.42(2) FS. Law Implemented 1003.42 FS. History‒New 11-6-19, Repealed 12-22-20.
• Rulemaking Authority 1001.02(2)(n), 1003.42(2) FS. Law Implemented 1003.42 FS. History–New 10-24-19, Amended 12-22-20, 7-26-21, 11-23-22, 7-2-24, 8-25-26.
• Rulemaking Authority 1001.02(1), (2)(n), 1001.42(8)(c)7.b. FS. Law Implemented 1001.42(8)(c)7.b. FS. History‒New 9-20-22, Amended 9-26-23.
• Rulemaking Authority 1001.02(1), (2)(n), 1006.28(2)(a)6. FS. Law Implemented 1006.28(2)(a)6. FS. History‒New 9-26-23.
• Rulemaking Authority 1001.02(1), (2)(n) FS. Law Implemented 1015.06, FS. History‒New 8-22-23.

Fla. Admin. Code R. 6A-1.09413 Curriculum Frameworks – Grades 6-8

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.592, 283.011, 233.165(1)(b) FS. History–New 3-27-86, Amended 10-9-86, 12-28-86, 8-30-88, 12-13-88, 12-11-89, 1-8-91, 2-20-92, 6-6-93, 10-18-94, Repealed 8-28-95.

Fla. Admin. Code R. 6A-1.09414 Course Requirements – Grades PK-12 Exceptional Student Education

A course description directs district personnel by providing the essential content and course requirements for each course in grades PK-12 contained in the “Course Code Directory and Instructional Personnel Assignments” adopted in Rule 6A-1.09441, F.A.C. Course requirements approved by the State Board of Education are contained in the publication “2026-2027 Florida Course Descriptions for Grades PK-12, Exceptional Student Education, Senior High and Adult (http://www.flrules.org/Gateway/reference.asp?No=Ref-19059),” “2026-2027 Florida Course Descriptions for Grades PK-12, Exceptional Student Education, Middle Junior High (http://flrules.org/Gateway/reference.asp?No=Ref-19060),” and “2026-2027 Florida Course Descriptions for Grades PK-12, Exceptional Student Education, Elementary (http://flrules.org/Gateway/reference.asp?No=Ref-19061),” which are hereby incorporated by reference and made a part of this rule. Copies of approved course descriptions may be obtained from Division of Public Schools, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1001.03(1) FS. Law Implemented 1001.03 FS. History–New 7-9-86, Amended 12-28-86, 12-13-88, 12-11-89, 11-12-91, 6-6-93, 10-18-94, 9-28-99, 8-21-12, 3-25-14, 6-23-15, 6-23-16, 11-21-17, 10-18-18, 6-14-22, 6-27-23, 8-22-23, 12-21-25, 2-24-26.

Fla. Admin. Code R. 6A-1.09415 Uniform Student Performance Standards for Selected Courses, Grades 9-12 for Florida Schools

History

• Rulemaking Authority 229.053(1), 232.2454(1) FS. Law Implemented 230.23(7), 233.011(2)(b), 233.165 FS. History–New 7-29-86, Amended 12-13-88, 2-12-92, Repealed 6-6-93.

Fla. Admin. Code R. 6A-1.09416 Uniform Student Performance Standards for Selected Courses, Grades 6-8 for Florida Schools

History

• Rulemaking Authority 229.053(1), 232.2454(1), 233.011(5) FS. Law Implemented 233.011(3)(b) FS. History–New 12-13-88, Amended 2-9-86, 12-12-92, Repealed 6-6-93.

Fla. Admin. Code R. 6A-1.09417 Curriculum Frameworks ‒ Lifelong Learning Noncredit Courses, Adults ‒ High School and Non-High School Graduates

History

• Rulemaking Authority 229.053(1), 229.565, 233.011(2)(a) FS. Law Implemented 228.041(35), 230.23(7), 232.2454, 233.011, 233.09, 233.165 FS. History–New 12-27-88, Repealed 1-7-16.

Fla. Admin. Code R. 6A-1.0942 State Student Assessment Test Requirements for Graduation from High School

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 232.246(1)(a), (b) FS. Law Implemented 120.53(1)(b), 229.565(1), 229.57, 232.246, 232.247 FS. History–New 11-13-78, Amended 4-10-80, 2-4-81, 10-12-82, 3-11-84, Formerly 6A-1.942, Repealed 11-26-08.

Fla. Admin. Code R. 6A-1.09421 High School Competency Test Requirements

History

• Rulemaking Authority 1001.02, 1008.22(3)(c)5., 1008.22(9), 1008.22(11) FS. Law Implemented 1001.02, 1008.22 FS. History–New 1-2-95, Amended 12-19-95, 1-16-08, 2-25-09, Repealed 12-2-15.

Fla. Admin. Code R. 6A-1.09422 Coordinated Screening and Progress Monitoring System and Statewide, Standardized Assessment Program Requirements

(1) Definitions. For the purpose of this rule, the following definitions shall apply:

(a) “Achievement level.” Scores are reported by achievement levels, which are five (5) categories of achievement that represent the success students demonstrate with the content assessed. Achievement levels range from one (1) through five (5), with level 1 being the lowest achievement level, level 5 being the highest achievement level, and level 3 indicating on grade level performance on the assessment. The minimum score in achievement level 3 is the designated passing score for all assessments described in subsection (3), of this rule, pursuant to s. 1008.22(3)(e)2., F.S. Achievement level scale score ranges are established in subsections (5) and (6) of this rule.

(b) “Baseline year.” The first school year in which an assessment is administered operationally, as referenced for each assessment in subsection (5) and (6), of this rule. Achievement levels are established for an assessment after the baseline year, and results from the baseline administration are used to establish the achievement standards.

(c) “Eligible students.” All students except those who are prohibited from taking an assessment pursuant to s. 1008.22(3)(b)2., F.S., and those who are exempted from the assessment pursuant to ss. 1008.212, 1008.22(12), F.S. and Rule 6A-6.0909, F.A.C. Pursuant to s. 1008.22(3), F.S., participation in the assessment program is mandatory for all eligible students attending public schools, including adult students seeking a standard high school diploma under ss. 1003.4282, F.S., and students in the Department of Juvenile Justice education programs, except as otherwise provided by law.

(d) “Progress monitoring.” The assessments that are a part of the coordinated screening and progress monitoring system required in s. 1008.25(9)(b), F.S. For Florida’s progress monitoring assessments, the first administration of each school year is referred to as Progress Monitoring (PM) 1, the second as PM2, and the third as PM3. In accordance with s. 1008.22(3)(a)2., F.S., beginning with the 2022-2023 school year, the end-of-year comprehensive progress monitoring assessment (PM3) administered pursuant to s. 1008.25(9)(b)2., F.S., is the statewide, standardized ELA assessment for students in grades three through ten and the statewide, standardized Mathematics assessment for students in grades three through eight. Progress monitoring assessments for the voluntary prekindergarten program must be administered in accordance with Rule 6M-8.620, F.A.C., and ss. 1002.68 and 1008.25(9), F.S.

(e) “Statewide, standardized assessments.” The assessments required in s. 1008.22(3), F.S., including the end-of-year comprehensive progress monitoring assessments in English Language Arts (ELA) Reading and Mathematics administered pursuant to s. 1008.25(9)(b)2., F.S., the comprehensive statewide assessments in ELA Writing and Science, the end-of-course assessments, and the alternate assessments.

(2) The statewide, standardized assessment program required by s. 1008.22, F.S., shall be developed under the direction and supervision of the Commissioner of Education and shall be:

(a) Kept secured at all times, in accordance with the provisions of Rule 6A-10.042, F.A.C.

(b) Provided to all school districts as computer-based or paper-based tests. Paper-based tests must be provided in the quantity needed for the students in the district for assessments that are not administered in computer-based format, and for students requiring paper-based accommodations in accordance with Rule 6A-1.0943, F.A.C.

(c) Administered in accordance with standard written instructions appropriate for the assessment. The written instructions shall be issued by the Commissioner in the form of test administration manuals and other written communications, as required, and provided to school districts in sufficient time prior to each assessment.

(d) Be aligned to the student performance standards adopted in Rule 6A-1.09401, F.A.C.

(3) The coordinated screening and progress monitoring system and statewide, standardized assessment program shall include progress monitoring assessments administered three (3) times per year in ELA Reading and Mathematics, comprehensive assessments in ELA Writing and Science, end-of-course (EOC) assessments, and pursuant to s. 1008.22(3)(e)3., F.S., retake administrations of former assessments required for graduation. In accordance with s. 1008.22(3)(a)2., F.S., the end-of-year comprehensive progress monitoring assessment (PM3) constitutes the statewide, standardized ELA and Mathematics assessment for students in grades three through eight.

(a) The statewide ELA assessments shall measure students’ reading skills in kindergarten through grade ten.

(b) The statewide ELA Writing assessments shall measure students’ writing skills in grades four through ten.

(c) The statewide Mathematics assessments shall measure students’ mathematics skills in kindergarten through grade eight.

(d) The statewide Science assessments shall measure students’ science skills in grades five and eight.

(e)1. The EOC assessments shall consist of assessments measuring the skills specified in five (5) courses: Algebra 1, Geometry, Biology 1, United States History, and Civics.

2. Pursuant to s. 1008.22(3)(b)3., F.S., the Florida Advanced Courses and Tests (FACT) United States History assessment shall be used as an EOC assessment. A student enrolled in the FACT United States History course meets the EOC requirement by taking the FACT United States History assessment.

(f) The grade ten ELA retake assessment with a baseline administration of 2014-2015 shall measure reading and writing skills in grade ten and shall continue to have retake administrations through the 2023-2024 school year.

(g) The Algebra 1 EOC assessment retake with a baseline administration of 2014-2015 shall measure Algebra 1 skills required of the Algebra 1 course, including course equivalents contained from 2014-2015 through December 2022, and shall continue to have retake administrations through the 2023-2024 school year.

(4) The coordinated screening and progress monitoring system and statewide, standardized assessment program shall be administered as follows:

(a) Beginning with the 2022-2023 school year, all eligible students in Voluntary Prekindergarten Education through grade ten shall take the statewide ELA Reading progress monitoring assessments. This coordinated screening system will be administered three (3) times per year as a progress monitoring assessment, with the third administration constituting the statewide, standardized ELA assessment in grades three through ten in accordance with s. 1008.22(3)(a)2., F.S.

(b) Beginning with the 2022-2023 school year, all eligible students in Voluntary Prekindergarten Education through grade eight shall take the statewide Mathematics assessment. This assessment will be administered three (3) times per year as a progress monitoring assessment, with the third administration constituting the statewide, standardized Mathematics assessment in grades three through eight.

(c) Beginning with the 2011-2012 school year, all eligible students in grades five and eight shall take the statewide Science assessment.

(d) Beginning with the 2022-2023 school year, all eligible students enrolled in a high school Algebra 1 or equivalent course must take the Algebra 1 EOC assessment with a baseline administration of 2022-2023 and all eligible students enrolled in a high school Geometry or equivalent course must take the Geometry EOC assessment.

(e) Beginning with the 2011-2012 school year, all eligible students enrolled in a high school Biology 1 or equivalent course must take the Biology 1 EOC assessment.

(f) Beginning with the 2012-2013 school year, all eligible students enrolled in a high school United States History or equivalent course must take the United States History EOC assessment.

(g) Beginning with the 2013-2014 school year, all eligible students enrolled in a middle school civics education course must take the Civics EOC assessment.

(h) Provisions shall be made by school districts to administer the assessment to students who are absent on the designated testing dates according to directions specified by the Commissioner. The directions shall be issued in the form of test administration manuals and other written communications, as required, and provided to school districts in sufficient time prior to each assessment.

(i) Provisions shall be made by the Commissioner to permit the assessment to be administered to home school students pursuant to s. 1002.41, F.S., and private school students pursuant ss. 1002.394, 1002.395, and 1002.40, F.S., under conditions which preserve the security of the assessment and require the public school districts to be responsible for the test administration procedures and requirements of Rule 6A-10.042, F.A.C.

(j) Provisions shall be made by school districts to administer the retake assessments to students if they do not attain passing scores on the assessments required for graduation. Pursuant to s. 1008.22(3)(e)3., F.S., assessments required for graduation may not be discontinued until the graduation, based on normal student progression, of students participating in the final, regular administration of the former assessment.

(5) Examinee scores on the progress monitoring assessments in kindergarten through grade two ELA Reading and in kindergarten through grade two Mathematics shall be reported by the use of scale scores and achievement levels defined after the baseline assessment administration administered during the 2022-2023 school year. The achievement levels for the kindergarten through grade two progress monitoring assessments administered pursuant to s. 1008.25(9), F.S., shall be as shown in the following tables.

ELA Reading progress monitoring assessment scale scores (0 to 341) for each achievement level:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

Kindergarten

0-113

114-133

134-146

147-161

162-341

1

0-134

135-152

153-169

170-187

188-341

2

0-165

166-182

183-195

196-210

211-341

Mathematics progress monitoring assessment scale scores (38 to 369) for each achievement level:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

Kindergarten

38-100

101-118

119-132

133-146

147-369

1

38-129

130-146

147-159

160-171

172-369

2

38-157

158-170

171-184

185-200

201-369

(6) Examinee scores on the grades three through ten statewide ELA Reading, grades four through ten statewide ELA Writing, and grades three through eight statewide Mathematics assessments shall be reported by the use of scale scores and achievement levels defined after the baseline assessment administered during the 2022-2023 school year. Examinee scores on the statewide Science assessment shall be reported by the use of scale scores and achievement levels defined after the baseline assessment administered during the 2011-2012 school year. Examinee scores on EOC assessments shall be reported by the use of scale scores and achievement levels defined by the baseline assessment administered as follows: Algebra 1 EOC assessment (2022-2023), Algebra 1 EOC assessment for retake students (2014-2015), Geometry EOC assessment (2022-2023), Biology 1 EOC assessment (2011-2012), United States History EOC assessment (2012-2013), and Civics EOC assessment (2013-2014).

(a) The achievement levels for the comprehensive statewide, standardized assessments administered pursuant to s. 1008.22(3)(a), F.S., and the progress monitoring assessments administered pursuant to s. 1008.25(9), F.S., shall be as shown in the following tables.

ELA Reading statewide assessment progress monitoring scale scores (140 to 308) for each achievement level:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

3

140-185

186-200

201-212

213-224

225-260

4

154-198

199-212

213-223

224-236

237-270

5

160-205

206-221

222-231

232-245

246-279

6

161-208

209-224

225-236

237-249

250-284

7

165-214

215-231

232-241

242-256

257-292

8

169-219

220-237

238-250

251-261

262-300

9

174-223

224-241

242-253

254-266

267-303

10

179-229

230-246

247-257

258-270

271-308

Mathematics statewide assessment progress monitoring scale scores (140 to 291) for each achievement level:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

3

140-182

183-197

198-208

209-224

225-260

4

155-199

200-210

211-220

221-237

238-273

5

158-206

207-221

222-233

234-245

246-285

6

168-212

213-228

229-238

239-253

254-287

7

175-222

223-234

235-246

247-257

258-288

8

183-226

227-243

244-253

254-262

263-291

Science statewide assessment (baseline 2011-2012) grade-level scale scores (140 to 260) for each achievement level:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

5

140-184

185-199

200-214

215-224

225-260

8

140-184

185-202

203-214

215-224

225-260

(b) The achievement levels for the EOC assessments administered pursuant to s. 1008.22(3)(b), F.S., shall be as shown in the following tables.

Algebra 1 EOC assessment (baseline 2022-2023) scale scores (325 to 475) for each achievement level:

Level 1

Level 2

Level 3

Level 4

Level 5

325-378

379-399

400-417

418-434

435-475

Geometry EOC assessment (baseline 2022-2023) scale scores (325 to 475) for each achievement level:

Level 1

Level 2

Level 3

Level 4

Level 5

325-384

385-403

404-422

423-431

432-475

Biology 1 EOC assessment (baseline 2011-2012) scale scores (325 to 475) for each achievement level:

Level 1

Level 2

Level 3

Level 4

Level 5

325-368

369-394

395-420

421-430

431-475

United States History EOC assessment (baseline 2012-2013) scale scores (325 to 475) for each achievement level:

Level 1

Level 2

Level 3

Level 4

Level 5

325-377

378-396

397-416

417-431

432-475

Civics EOC assessment (baseline 2013-2014) scale scores (325 to 475) for each achievement level:

Level 1

Level 2

Level 3

Level 4

Level 5

325-375

376-393

394-412

413-427

428-475

(c) The achievement levels for the retake assessments administered pursuant to ss. 1008.22(3)(a) and (b), F.S., shall be as shown in the following tables.

Grade 10 ELA Retake assessment (baseline 2014-2015) scale scores (240 to 412) for each achievement level:

Level 1

Level 2

Level 3

Level 4

Level 5

284-333

334-349

350-361

362-377

378-412

Algebra 1 EOC Retake assessment (baseline 2014-2015) scale scores (425 to 575) for each achievement level:

Level 1

Level 2

Level 3

Level 4

Level 5

425-486

487-496

497-517

518-531

532-575

(7) In accordance with s. 1008.22(3)(e)3., F.S., for students who participated in either the grade ten ELA assessment or the Algebra 1 EOC assessment prior to the adoption of achievement levels and scale scores for the assessment, the following alternate passing scores apply.

(a) For students who took the statewide grade ten ELA Reading assessment (baseline 2022-2023), the Algebra 1 EOC assessment (baseline 2022-2023), or the Geometry EOC assessment (baseline 2022-2023), prior to the adoption of the achievement levels and scale scores defined herein, effective November 2023, the alternate passing scores are as follows:

1. The alternate passing score for the grade ten ELA assessment (baseline 2022-2023) is 246 and above, which corresponds to the passing score of 350 and above on the grade ten ELA retake (baseline 2014-2015).

2. The alternate passing score for the Algebra 1 EOC (baseline 2022-2023) is 398, which corresponds to the passing score of 497 and above for the Algebra 1 EOC retake (baseline 2014-2015).

3. The alternate passing score for the Geometry EOC (baseline 2022-2023) is 401, which corresponds to the passing score of 499 and above for the Geometry EOC retake (baseline 2014-2015).

(b) For students who took the statewide grade ten ELA assessment (baseline 2014-2015), the Algebra 1 EOC assessment (baseline 2014-2015), or the Geometry EOC assessment (baseline 2014-2015) prior to the adoption on February 9, 2016, of the achievement levels and scale scores defined herein, the alternate passing scores are as follows.

1. The alternate passing score for the grade ten ELA assessment (baseline 2014-2015) is 349 and above, which corresponds to the passing score of 245 and above on grade ten Reading retake assessment (baseline 2010-2011).

2. The alternate passing score for the Algebra 1 EOC is 489 and above, which corresponds to the passing score of 399 and above for the Algebra 1 EOC retake assessment (baseline 2010-2011).

3. The alternate passing score for the Geometry EOC assessment (baseline 2014-2015) is 492 and above, which corresponds to the passing score of 396 and above for the previous Geometry EOC (2010-2011).

(8) Concordant and comparative scores shall be applied to the statewide assessment program as follows:

(a) Concordant scores shall be applied for the grade ten ELA assessment, as appropriate, according to this subsection:

1. Beginning with students who entered grade nine in the 2020-2021 school year and ending with students who entered grade nine in the 2022-2023 school year, students and adults who have not yet earned their required passing score on the grade ten statewide, standardized ELA assessment may meet this testing requirement to qualify for a high school diploma by earning a concordant passing score on the Evidence-Based Reading and Writing (EBRW) section of the SAT, or the average of the English and Reading subject test scores for the ACT, or the sum of the Verbal Reasoning and the Grammar/Writing sections of the Classic Learning Test (CLT). For eligible students, the concordant passing scale score for the SAT EBRW shall be a score equal to or greater than four hundred and eighty (480) on the 200 to 800 scale, the concordant passing scale score for the average of the English and Reading subject test scores on the ACT shall be a score equal to or greater than eighteen (18) on the 1 to 36 scale, and the concordant passing scale score for the sum of the Grammar/Writing and the Verbal Reasoning subject tests of the CLT shall be a score equal to or greater than thirty-six (36) on the 0 to 80 scale. For the ACT, if the average of the two subject test scores results in a decimal of .5, the score shall be rounded up to the next whole number. The scores for the English and Reading subject tests on the ACT or the Grammar/Writing and Verbal Reasoning subjects tests on the CLT are not required to come from the same test administration. Eligible students may also use concordant scores set forth in subparagraph (8)(a)2. of this rule.

2. Beginning with students who entered grade nine in the 2025-2026 school year, or students who entered grade nine in the 2023-2024 through 2024-2025 school years and have not yet earned a concordant score, students and adults who have not yet earned their required passing score on the grade ten statewide, standardized ELA assessment may meet this testing requirement to qualify for a high school diploma by earning a concordant passing score on the Reading and Writing section of the SAT, the Reading and Writing section of the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT), the Reading and Writing section of the PSAT 10, the average of the English and Reading subject test scores for the ACT, the average of the English and Reading subject test scores for the PreACT Secure, the sum of the Verbal Reasoning and the Grammar/Writing sections of the Classic Learning Test (CLT), or the the sum of the Verbal Reasoning and the Grammar/Writing sections of the CLT10. For eligible students, the concordant passing scores are as follows:

Assessment

Assessment Scale

Concordant Score

SAT Reading and Writing section

200-800

490

PSAT/NMSQT Reading and Writing section

160-760

470

PSAT 10 Reading and Writing section

160-760

470

ACT English and Reading subject tests (averaged)

1-36

18

PreACT Secure English and Reading subject tests (averaged)

1-36

18

CLT Grammar/Writing and Verbal Reasoning subject tests (sum)

0-80

39

CLT10 Grammar/Writing and Verbal Reasoning subject tests (sum)

0-80

39

For the ACT, if the average of the two subject test scores results in a decimal of .5, the score shall be rounded up to the next whole number. The scores for the English and Reading subject tests on the ACT or the Grammar/Writing and Verbal Reasoning subjects tests on the CLT are not required to come from the same test administration.

3. Beginning in the 2026-2027 school year, except for students who have already earned a concordant score prior to the 2026-2027 school year, first-time grade ten students may only use concordant scores pursuant to subparagraph (8)(a)2. earned after the spring administration (PM3) of the grade ten statewide, standardized ELA assessment of their grade ten school year.

(b) Comparative scores shall be applied for the Algebra 1 EOC assessment, as appropriate, according to this subsection:

1. Beginning with students who entered grade nine in the 2020-2021 school year and ending with students who entered grade nine in the 2022-2023 school year, students and adults who have not yet earned their required passing score on the Algebra 1 EOC assessment may meet this testing requirement to qualify for a high school diploma by earning a comparative passing score on the Math section of the PSAT/NMSQT, the SAT or the ACT, on the statewide, standardized Geometry EOC assessment, or on the Quantitative Reasoning section of the CLT. For eligible students, the comparative passing scale score shall be a score equal to or greater than four hundred and thirty (430) on the 160 to 760 scale for the PSAT/NMSQT Math section, equal to or greater than four hundred and twenty (420) on the 200 to 800 scale for the SAT Math section, equal to or greater than sixteen (16) on the 1 to 36 scale for the ACT Math section, equal to or greater than an achievement level 3 on the 1 to level 5 achievement level scale for the statewide, standardized Geometry EOC assessment, or equal to or greater than eleven (11) on the 0 to 40 scale for the CLT Quantitative Reasoning section. Eligible students may also use comparative scores set forth in subparagraph (8)(b)2. of this rule.

2. Beginning with students who entered grade nine in the 2025-2026 school year or students who entered grade nine in the 2023-2024 through 2024-2025 school years and have not yet earned a comparative score, students and adults who have not yet earned their required passing score on the Algebra 1 EOC assessment may meet this testing requirement to qualify for a high school diploma by earning a comparative passing score on the Math section of the SAT, PSAT/NMSQT, PSAT 10, ACT, or the PreACT Secure, the Quantitative Reasoning section of the CLT or the CLT10, or on the statewide, standardized Geometry EOC assessment. For eligible students, the comparative passing scores are as follows:

Assessment

Assessment Scale

Comparative Score

SAT Math section

200-800

420

PSAT/NMSQT Math section

160-760

430

PSAT 10 Math section

160-760

430

ACT Math section

1-36

16

PreACT Secure Math section

1-36

16

CLT Quantitative Reasoning section

0-40

14

CLT10 Quantitative Reasoning section

0-40

14

Statewide, Standardized Geometry EOC assessment

Achievement Level 1-5

Achievement Level 3

(c) When a student or adult earns a passing score on the respective section of the alternative assessment used to meet the graduation requirement(s), it shall be recorded in their cumulative record. Regardless of whether they have already been awarded a certificate of completion, a student or adult who has met all other high school graduation requirements but has taken and failed one or more standardized, statewide assessments associated with a graduation requirement (the grade ten Reading, the grade ten ELA, or the Algebra 1 EOC) shall be awarded a standard high school diploma if the student or adult earns or has earned a concordant or comparative score for an alternative assessment, set forth in subparagraph (8)(a) and (b). A student or adult may retest until they earn a passing score on the respective statewide assessment or a concordant or comparative score on an alternative assessment.

(9) The assessments shall be administered according to a schedule approved by the Commissioner.

(10) Students with disabilities may be provided test modifications or accommodations in accordance with the provisions of Rule 6A-1.0943, F.A.C. Requirements for the alternate assessment for students with significant cognitive disabilities are established in Rule 6A-1.0943, F.A.C.

(11) English Language Learners (ELLs) may be provided test accommodations in accordance with the provisions of Rule 6A-6.09091, F.A.C. Requirements for the annual English language proficiency assessment for ELLs are established in Rule 6A-6.09021, F.A.C.

(12) Pursuant to s. 1003.433(3), F.S., beginning with the 2022-2023 school year, students who have been enrolled in an English Speakers of Other Languages (ESOL) program for less than 2 school years and have met all requirements for the standard high school diploma except for passage of any assessment required for graduation as specified by ss. 1003.4282 or 1008.22, F.S., or alternate assessment is eligible for a standard high school diploma if the student:

(a) Passes the required assessment or alternate assessment after having received English language instruction offered by a public school during the summer following the student’s senior year through an instructional model for English Language Learners identified in “FDOE Information Database Requirements: Volume I – Automated Student Information System” incorporated by reference in Rule 6A-1.0014, F.A.C.: Sheltered-English, Sheltered-Core/Basic Subject Areas, Mainstream/Inclusion-English, Mainstream/Inclusion-Core/Basic Subject Areas, Maintenance or Developmental Bilingual Education, or Dual Language; or

(b) Beginning with the 2022-2023 school year, meets the requirement to pass the statewide, standardized grade 10 ELA assessment by satisfactorily demonstrating grade-level expectations on a formative assessment that generates a score or metric that can be interpreted as a measure of grade ten level achievement in ELA.

(c) Formative assessments that may be used for this purpose are:

1. Benchmark assessments included as part of an instructional materials adoption;

2. Portfolios of independently-produced student work; and

3. Assessments developed or purchased by districts in order to monitor academic progress.

(d) A portfolio used to meet the requirements of this subsection must meet the following criteria:

1. Be selected by the student’s teacher;

2. Be an accurate picture of the student’s ability and only include student work that has been independently produced in the classroom;

3. Include evidence that the standards assessed by the grade 10 statewide, standardized assessment in ELA have been met, and such evidence may include chapter or unit tests from the district’s/school’s adopted core reading curriculum that are aligned with the ELA content standards, or teacher-prepared assessments;

4. Be an organized collection of evidence of the student’s mastery of the ELA content standards that are assessed by the grade 10 statewide, standardized assessment in ELA; and

5. Be signed by the teacher and the principal as an accurate assessment of the required skills.

(e) By October 1st of each year, districts must report to the Department of Education the formative assessments they are using for this purpose and the score or metric that is used on the assessment to demonstrate that grade-level expectations have been met.

(f) This rule shall not preclude native language support from being provided as needed and beneficial to students’ access to ELA curriculum and accelerating their English language learning.

6A-1.094221 Alternative Standardized Reading Assessment and Use of Student Portfolio for Good Cause Promotion.

(1) Pursuant to Section 1008.25(6), F.S., relating to the statewide public school student progression law eliminating social promotion, students who score at Level 1 on the grade three statewide standardized English Language Arts Assessment under Section 1008.22, F.S., may be promoted to grade four if the student:

(a) Scores at or above the 45th percentile on the Reading SAT-10;

(b) Demonstrates an acceptable level of performance on an alternative standardized reading assessment approved pursuant to subsection (2) of this rule; or

(c) Demonstrates reading on grade level as evidenced through mastery of the Benchmarks for Excellent Student Thinking (B.E.S.T.) Standards for English Language Arts (ELA) as set forth in Rule 6A-1.09401, F.A.C., equal to at least Level 2 performance on the grade three statewide standardized English Language Arts assessment under Section 1008.22, F.S., through a student portfolio pursuant to subsection (3) of this rule.

(2) The Department of Education shall review and approve the use of alternative standardized reading assessments to be used as a good cause exemption for promotion to fourth grade and will provide a list of approved alternative assessments to districts.

(a) The approval of an alternative standardized reading assessment must be based on whether the assessment meets the following criteria:

1. Internal consistency reliability coefficients of at least 0.80;

2. High validity evidenced by the alignment of the test with nationally recognized content standards, as well as specific evidence of content, concurrent, or criterion validity;

3. Norming studies within the last five (5) to ten (10) years, with norming within five (5) years being preferable; and,

4. Serves as a measure of grade three achievement in reading comprehension.

(b) Districts may submit requests for the approval of alternative standardized reading assessments to be used as a good cause exemption for promotion to fourth grade. Once an assessment has been approved by the Department of Education, the assessment is approved for statewide use.

(c) The Department of Education shall approve the required percentile passing score for each approved alternative standardized reading assessment based on an analysis of Florida student achievement results. If an analysis is not feasible, students must score at or above the 50th percentile on the approved alternative standardized reading assessment.

(d) The earliest the alternative assessment may be administered for student promotion purposes is following administration of the grade three statewide standardized English Language Arts assessment under Section 1008.22, F.S. An approved standardized reading assessment may be administered two (2) times if there are at least thirty (30) days between administrations and different test forms are administered.

(3) To promote a student using a student portfolio as a good cause exemption there must be evidence that demonstrates the student’s mastery of the B.E.S.T. ELA Standards equal to at least a Level 2 performance on the grade three statewide standardized English Language Arts assessment under Section 1008.22, F.S. Such evidence shall be an organized collection of the student’s mastery of the B.E.S.T. ELA Standards that are assessed by the grade three statewide standardized English Language Arts assessment under Section 1008.22, F.S. A school must immediately begin collecting evidence for a portfolio when a student in grade 3 is identified as being at risk of retention or upon the request of the parent, whichever occurs first. The student portfolio must meet the following criteria:

(a) Be selected by the student’s teacher,

(b) Be an accurate picture of the student’s ability and only include student work that has been independently produced in the classroom,

(c) Include evidence that the benchmarks assessed by the grade three statewide standardized English Language Arts assessment under Section 1008.22, F.S., have been met. Evidence is to include grade level passages that are approximately fifty (50) percent literary text and fifty (50) percent informational text, and that are between 100-700 words with an average of 500 words. Such evidence could include chapter or unit tests from the district’s/school’s adopted core reading curriculum or teacher-prepared assessments that are aligned with the B.E.S.T. ELA Standards.

(d) Be an organized collection of evidence of the student’s mastery of the B.E.S.T. ELA Standards that are assessed by the grade three statewide standardized English Language Arts assessment under Section 1008.22, F.S. For each benchmark, there must be at least eight (8) items assessed and the student must demonstrate seventy (70) percent mastery for all items assessed per benchmark and,

(e) Be signed by the teacher and the principal as an accurate assessment of the required reading skills.

6A-1.094222 Standards for Mid-Year Promotion of Retained Third Graders.

District school boards are required to adopt and implement a policy for the mid-year promotion of any student retained in third grade due to a reading deficiency as required by Section 1008.25(5)(c), F.S. Such mid-year promotions of retained third grade students should occur during the first semester of the academic year.

(1) To be eligible for mid-year promotion, a student must demonstrate that he or she:

(a) Is a successful and independent reader as demonstrated by reading at or above grade level;

(b) Has progressed sufficiently to master appropriate fourth grade reading skills; and,

(c) Has met any additional requirements, such as satisfactory achievement in other curriculum areas, as determined by the policies of the district school board.

(2) The criteria for students promoted on or before November 1 must provide a reasonable expectation that the student has met the requirements of paragraphs (1)(a)-(c) of this rule including the mastery of third grade reading skills as presented in the state academic standards in English Language Arts. Evidence is as follows:

(a) Satisfactory performance as demonstrated by scoring Level 2 or above on beginning of the year administration of the statewide, standardized coordinated screening and progress monitoring system in Grade 3 English Language Arts pursuant to Section 1008.25(8)(b)2., F.S.;

(b) Satisfactory performance on locally selected standardized assessment(s) measuring state academic standards in English Language Arts pursuant to Section 1003.41, F.S.;

(c) Satisfactory performance on a state approved alternative assessment as delineated in paragraph (1)(b) of Rule 6A-1.094221, F.A.C.; or

(d) Successful completion of portfolio elements that meet state criteria in subsection (3) of Rule 6A-1.094221, F.A.C.

(3) The criteria for students promoted after November 1 must provide a reasonable expectation that the student has met the requirements of subsections (1)-(2) of this rule, and that the student’s progress is sufficient to master appropriate grade four level reading skills equivalent to the level necessary for the month in which the transition to grade four occurs.

(4) The Progress Monitoring Plan for any retained third grade student who has been promoted mid-year to fourth grade must continue to be implemented for the entire academic year and if necessary for additional school years.

6A-1.094223 Comparative and Concordant Scores for the Statewide Assessment Program.

6A-1.094224 Uniform Assessment Calendar.

(1) The purpose of this rule is to establish the criteria for the format of the Uniform Assessment Calendar template, as required by Section 1008.22(7), F.S.

(2) By January 1 of each year, the Department shall populate the Uniform Assessment Calendar template for each statewide assessment required by Section 1008.22, F.S. The Commissioner shall publish the populated template on the Department website and provide it to school district superintendents.

(3) The Uniform Assessment Calendar template shall include the following information:

(a) A glossary including definitions of terminology related to required statewide assessments.

(b) An explanation of the assessment type (e.g., summative, diagnostic, screening), purpose/required use, and statutory authority/required use citation for each required assessment.

(c) A section for required statewide assessments and a section for statewide assessments that are applicable to select students. The Department shall populate these sections of the template with the following information:

1. Assessment name,

2. Students to be tested,

3. Statewide testing window,

4. Testing mode (e.g., paper-based or computer-based),

5. Testing time; and,

6. Date results are expected to be reported to teachers, students, and parents.

(d) A section with blank spaces in which districts shall record the assessment name, students to be tested, district testing window, mode, testing time, and date results are expected to be reported to teachers, students, and parents for each required district assessment.

(e) A section to calculate estimates of total testing times by grade level. The Department shall populate this section of the template with estimates of total testing times by grade level for required statewide assessments.

(4) Each district shall:

(a) Populate the Uniform Assessment Calendar template with the following information:

1. The district shall add rows as necessary to the “Glossary of Assessment Terms” section of the calendar in order to provide definitions for terminology related to district-required assessments, if applicable. The district shall not alter statewide assessment glossary information.

2. The district shall add rows as necessary to the “Test, Type, and Purpose/Use” section of the calendar in order to indicate the assessment name, type (e.g., summative, diagnostic, screening), purpose/required use, and statutory authority/required use citation for each required district assessment. The district shall not alter statewide assessment information.

3. The window during which districts will administer statewide assessments required for all students as well as those required for select students. If the district is not administering a statewide assessment that is only required for select students, the district shall indicate as such on the calendar. The district shall not alter any other statewide assessment information.

4. The assessment name, students to be tested, district testing window, mode, testing time, and date results are expected to be reported to teachers, students, and parents for each required district assessment.

5. The district shall populate the “District Assessments” column in the “Total Testing Time by Grade Level” section of the calendar by using information from Section 5, “District-Required Assessment Information.” The district shall then calculate the “Approximate Total Testing Time (In Minutes)” column of the “Total Testing Time by Grade Level” section; this total testing time should be the sum of minutes entered in the “Statewide Assessments” and “District Assessments” columns by grade level.

a. For assessments administered over multiple days, the total minutes must be used (e.g., two 80-minute test sessions over two days should be entered as 160 minutes).

b. Subject-based assessments should be included with the grade level to which they are most likely to be administered (e.g., Biology 1 with grade 9).

(b) Upon district school board approval of the local assessment schedule, the district shall publish the populated Uniform Assessment Calendar on its website and submit it to the Department by October 1 of each year.

(c) Districts shall also provide the district-populated calendar to schools, and each school shall publish the calendar to its website and include it in the parent guide, required by Section 1002.23(5), F.S.

(5) The Uniform Statewide Assessment Calendar template, Form ARM 001, effective August 2025, (http://www.flrules.org/Gateway/reference.asp?No=Ref-18223) is incorporated herein by reference and made part of this rule. Copies of the Uniform Assessment template may be obtained from the Office of Assessment, Division of Accountability Research and Measurement, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida, 32399-0400 or by emailing assessment@fldoe.org.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.4282(11), 1003.433(3)(b), 1008.22(3)(b)3., (9), (14), 1008.25(11) FS. Law Implemented 1001.02, 1001.11, 1003.4282, 1003.433, 1008.22, 1008.25 FS. History–New 1-24-99, Amended 10-7-01, 1-22-02, 12-23-03, 3-27-06, 3-1-07, 2-25-09, 7-19-10, 2-12-12, 2-3-13, 2-25-14, 2-17-15, 2-9-16, 1-1-18, 6-28-18, 8-18-20, 3-15-22, 8-22-23, 11-21-23, 8-27-24, 8-19-25, 8-25-26, Technical Change 8-25-26.
• Rulemaking Authority 1008.25(10) FS. Law Implemented 1008.25(6) FS. History–New 5-19-03, Amended 7-20-04, 3-24-08, 2-1-09, 4-21-11, 11-4-14, 6-23-16, 3-15-22.
• Rulemaking Authority 1001.02(1), (2)(n), 1008.25(10) FS. Law Implemented 1008.25(7)(b)2. FS. History–New 12-19-04, Amended 4-21-11, 2-17-15, 1-7-16, 2-21-23.
• Rulemaking Authority 1008.22 FS. Law Implemented 1003.4282, 1008.22 FS. History–New 11-3-13, Repealed 6-28-18.
• Rulemaking Authority 1001.02(1), (2)(n), 1002.23(5), 1008.22(7)(i), (15) F.S. Law Implemented 1002.23(5), 1008.22(7) F.S. History‒New 7-26-16, Amended 10-17-17, 10-18-18, 3-15-22, 9-20-22, 8-19-25.

Fla. Admin. Code R. 6A-1.0943 Statewide Assessment for Students with Disabilities

(1) Definitions. For the purposes of this rule, the following definitions apply:

(a) “Circumstance” shall have the same meaning as defined in Section 1008.212, F.S.

(b) “Condition” shall have the same meaning as defined in Section 1008.212, F.S.

(c) “General Education Curriculum Standards” means the standards incorporated in Rule 6A-1.09401, F.A.C.

(d) “Medical complexity” shall have the same meaning as defined in Section 1008.22(12), F.S.

(e) “Modifications” shall have the same meaning as defined in paragraph 6A-6.03411(1)(z), F.A.C.

(f) “Most significant cognitive disability” means a global cognitive impairment that adversely impacts multiple areas of functioning across many settings and is a result of a congenital, acquired or traumatic brain injury or syndrome and is verified by either:

1. A statistically significant below average global cognitive score that falls within the first percentile rank (i.e., a standard, full-scale score of sixty-seven (67) or under); or

2. In the extraordinary circumstance when a global, full-scale intelligent quotient score is unattainable, a school district-determined procedure that has been approved by the Florida Department of Education under paragraph (5)(e) of this rule.

(g) “Parent” shall have the same meaning as defined in paragraph 6A-6.03411(1)(bb), F.A.C.

(h) “Statewide, standardized assessment” shall have the same meaning as defined in Section 1008.22(3), F.S.

(2) The Florida Department of Education shall assure the participation of students with disabilities to include those students with disabilities as defined by Section 1003.01(9)(a), F.S., or students with disabilities who have been determined eligible and have a plan developed in accordance with Section 504 of the Rehabilitation Act in the statewide standardized assessment program and provide technical assistance to school districts in the implementation of the requirements of this rule including appropriate accommodations for students participating in the statewide standardized assessment program as required by Section 1008.22(3), F.S.

(3) All students with disabilities will participate in the statewide standardized assessment program based on state standards, pursuant to Rule 6A-1.09401, F.A.C., without accommodations unless the individual educational plan (IEP) team, or the team that develops the plan required under Section 504 of the Rehabilitation Act, determines and documents that the student requires allowable accommodations during instruction and for participation in a statewide standardized assessment.

(4) Provision of accommodations for students with disabilities participating in the statewide, standardized assessment program.

(a) Each school board shall utilize appropriate and allowable accommodations for statewide, standardized assessments within the limits prescribed herein and current statewide, standardized assessment test administration manuals published by the Florida Department of Education’s Bureau of K-12 Student Assessment and Bureau of Exceptional Student Education. Copies of the manuals are available by contacting the Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. Accommodations are defined as adjustments to the presentation of the statewide, standardized assessment questions, methods of recording examinee responses to the questions, scheduling for the administration of a statewide, standardized assessment to include amount of time for administration, settings for administration of a statewide, standardized assessment, and the use of assistive technology or devices to facilitate the student’s participation in a statewide standardized assessment. Accommodations that negate the validity of a statewide, standardized assessment are not allowable. Within the limits specified in this rule, allowable statewide, standardized assessment accommodations are based on current instructional accommodations and accessible instructional materials used by the student in the classroom.

(b) The accommodations described in paragraph (4)(a), of this rule, are authorized for any student who has been determined to be an eligible student with a disability pursuant to Section 1003.01(9)(a), F.S., and Rule 6A-6.0331, F.A.C., and has a current IEP, or who has been determined to be a student with a disability with a plan developed in accordance with Section 504 of the Rehabilitation Act. The accommodations must be identified on the student’s IEP or the plan developed under Section 504 of the Rehabilitation Act.

(c) The need for any unique accommodations for use on a statewide, standardized assessment must be submitted to the Florida Department of Education for approval by the Commissioner of Education. In order to be approved, a unique accommodation must be allowable for use on a statewide, standardized assessment and must be used by the student during classroom instruction and for assessments and described as such on the student’s IEP or plan developed in accordance with Section 504 of the Rehabilitation Act.

(d) School district personnel are required to implement the accommodations in a manner that ensures that the test responses are the independent work of the student. Personnel are prohibited from assisting a student in determining how the student will respond or directing or leading the student to a particular response. In no case shall the accommodations authorized herein be interpreted or construed as an authorization to provide a student with assistance in determining the answer to any test item.

(e) Students with disabilities who are not currently enrolled in public schools or receiving services through public school programs and require accommodations in order to participate in the statewide, standardized assessment program must have access to accommodations identified in paragraphs (4)(a) and (4)(c) of this rule if the following information is provided:

1. Evidence that the student has been found eligible as a student with a disability as defined by Section 1003.01(9)(a), F.S., or is an eligible student with a disability with a plan developed in accordance with Section 504 of the Rehabilitation Act; and,

2. Documentation that the requested accommodations are regularly used for instruction.

(5) Participation in the Statewide, Standardized Alternate Assessment.

(a) The decision that a student with a significant cognitive disability will participate in the statewide, standardized alternate assessment as defined in Section 1008.22(3)(d), F.S., must be made by the IEP team and recorded on the IEP.

(b) The provisions with regard to parental consent for participation in the statewide, standardized alternate assessment found in subsection 6A-6.0331(10), F.A.C. must be followed.

(c) In order for a student to participate in the statewide, standardized alternative assessment, all of the following criteria must be met:

1. The student must receive exceptional student education (ESE) services as identified through a current IEP and be enrolled in the appropriate and aligned courses using alternate achievement standards for two (2) consecutive full-time equivalent reporting periods prior to the assessment;

2. The student must be receiving specially designed instruction, which provides unique instruction and intervention supports that is determined, designed and delivered through a team approach, ensuring access to core instruction through the adaptation of content, methodology or delivery of instruction and is exhibiting very limited to no progress in the general education curriculum standards;

3. The student must be receiving support through systematic, explicit and interactive small-group instruction focused on foundational skills in addition to instruction in the general education curriculum standards;

4. Even after documented evidence of exhausting all appropriate and allowable instructional accommodations, the student requires modifications to the general education curriculum standards;

5. Even after documented evidence of accessing a variety of supplementary instructional materials, the student requires modifications to the general education curriculum standards;

6. Even with documented evidence of the provision and use of assistive technology, the student requires modifications to the general education curriculum standards;

7. Even with direct instruction in all core academic areas (i.e., English language arts, mathematics, social studies and science), the student is exhibiting limited or no progress on the general education curriculum standards, and requires modifications;

8. Unless the student is a transfer student, the student must have been available and present for grade-level general education curriculum standards instruction for at least seventy (70) percent of the school year prior to the assessment;

9. Unless the student is a transfer student, the student must have been instructed by a certified teacher for at least eighty (80) percent of the school year prior to the assessment;

10. The assessment instrument used to measure the student’s global level of cognitive functioning was selected to limit the adverse impact of already-identified limitations and impairments (e.g., language aqusition, mode of communication, culture, hearing, vision, orthopedic functioning, hypersensitivities and distractibility); and,

11. The student has a most significant cognitive disability as defined in paragraph (1)(f) of this rule.

(d) A student is not eligible to participate in the statewide, standardized alternate assessment if any of the following is true:

1. The student is identified as a student with a specific learning disability or as gifted;

2. The student is identified only as a student eligible for services as a student who is deaf or hard of hearing or has a visual impairment, a dual sensory impairment, an emotional or behavioral disability, a language impairment, a speech impairment, or an orthopedic impairment; or

3. The student scored a level 2 or above on a previous statewide, general education curriculum standardized assessment administered pursuant to Sections 1008.22(3)(a) and (b), F.S., unless there is medical documentation that the student experienced a traumatic brain injury or other health-related complication subsequent to the administration of that assessment that led to the student having the most significantly below-average global cognitive impairment.

(e) Each school district must submit to the Department of Education a procedure to identify students with the most significant cognitive disability when a global, full-scale intelligent quotient score is unattainable. In order to be approved for use by a district, the procedure must:

1. Include data from multiple sources;

2. Meet the criteria found in paragraphs (5)(c) and (5)(d) of this rule; and

3. Be documented in the district’s ESE Policies and Procedures, as required by Section 1003.57, F.S.

(6) Extraordinary exemption. Pursuant to Section 1008.212, F.S., upon approval of the Commissioner, a student with a disability is eligible for an extraordinary exemption from participation in statewide standardized assessments as defined in subsection (1) of this rule.

(a) The IEP team may determine that a student with a disability is prevented by a circumstance or condition as defined in subsection (1) of this rule from physically demonstrating the mastery of skills that have been acquired and are measured by a statewide, standardized assessment and may recommend that an extraordinary exemption from the administration of a statewide assessment be granted. A learning, emotional, behavioral, or significant cognitive disability or the receipt of services through the homebound or hospitalized program in accordance with Rule 6A-6.03020, F.A.C., is not, in and of itself, an adequate criterion for the granting of an extraordinary exemption.

(b) The IEP team, which must include the parent, may submit to the school district superintendent a written request for an extraordinary exemption at any time during the school year, but no later than sixty (60) calendar days before the first day of the administration window of the statewide standardized assessment for which the request is made. A request must include all of the following information:

1. A written description of the student’s disabilities, including a specific description of the student’s impaired sensory, manual or speaking skills;

2. Written documentation of the most recent evaluation data;

3. Written documentation, if available, of the most recent administration of statewide, standardized assessments;

4. A written description of the circumstance’s or condition’s, as defined in subsection (1) of this rule effect on the student’s participation in statewide, standardized assessments;

5. Written evidence that the student has had the opportunity to learn the skills being tested;

6. Written evidence that the student has been provided appropriate instructional accommodations;

7. Written evidence as to whether the student has had the opportunity to be assessed using the instructional accommodations on the student’s IEP that are allowable in the administration of a statewide, standardized assessment;

8. Written evidence of the circumstance or condition as defined in subsection (1) of this rule; and,

9. The name, address and phone number of the student’s parent.

(c) Based on the documentation provided by the student’s IEP team, the school district superintendent shall recommend to the Commissioner whether an extraordinary exemption from participation in a given statewide assessment administration be granted or denied. The school district’s recommendation and accompanying documentation must be sent to the Florida Department of Education, Office of the Commissioner, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(d) If the parent disagrees with the IEP team’s recommendation, the dispute resolution methods as described in Rule 6A-6.03311, F.A.C., shall be made available to the parent.

(e) Upon receipt of the request, documentation and recommendation, the Commissioner shall verify the information documented, make a determination and notify the parent and the school district superintendent in writing within thirty (30) calendar days after the receipt of the request whether the exemption has been granted or denied. In order for an extraordinary exemption to be granted by the Commissioner, all required documentation must be submitted and must provide sufficient evidence that the identified circumstance or condition prevents the student from physically demonstrating the mastery of skills that have been acquired and are measured by the statewide, standardized assessment. If the Commissioner denies the exemption, the notification must state the reasons for the denial.

(f) If the Commissioner grants the exemption, the student’s progress must be assessed in accordance with the goals established in the student’s IEP.

(7) Exemption options for students with medical complexity. A student with medical complexity as defined in Section 1008.22(12), F.S., may be exempt from participating in statewide, standardized assessments to include the Statewide, Standardized Alternate Assessment. If the parent consents in writing, and the student’s IEP team determines that the student should not be assessed based on medical documentation that confirms that the student meets the criteria of medical complexity, the parent may select one (1) of the following assessment exemption options:

(a) A one-year exemption approved by the school district superintendent as described in Section 1008.22(12), F.S. For all students approved by the school district superintendent for a one-year exemption, the following information must be reported to the Commissioner by June 1:

1. The total number of students for whom a one-year exemption has been granted by the superintendent; and,

2. For each student receiving an exemption, the student’s name, grade level and the specific statewide, standardized assessment(s) from which the student was exempted.

(b) A one-, two-, or three-year or permanent exemption approved by the Commissioner as described in Section 1008.22(12), F.S. In order for the Commissioner to consider such an exemption, the following information must be submitted by the school district superintendent to the Commissioner no later than thirty (30) calendar days before the first day of the administration window of the statewide, standardized assessment for which the request is made:

1. The student’s name, grade level, and the statewide, standardized assessment for which the exemption request is made;

2. The name, address and phone number of the student’s parent;

3. Documentation of parental consent for the exemption;

4. Documentation of the superintendent’s approval of the exemption;

5. Documentation that the IEP team considered and determined that the student meets the definition of medically complex as defined in Section 1008.22(12), F.S.; and,

6. Medical documentation of the student’s condition as determined by a physician licensed in accordance with Chapter 458 or 459, F.S.

(8) Upon receipt of the request, documentation and recommendation, the Commissioner shall verify the information documented, make a determination, and notify the parent and the school district superintendent in writing within twenty (20) calendar days after the receipt of the request whether the exemption has been granted or denied.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.01, 1003.571, 1008.212, 1008.22(3), (12), (13) FS. Law Implemented 1003.01, 1003.571, 1008.212, 1008.22(3), (12) FS. History–New 9-12-78, Amended 3-4-84, Formerly 6A-1.943, Amended 6-12-90, 9-17-01, 7-1-10, 1-5-14, 12-23-14, 7-14-21.

Fla. Admin. Code R. 6A-1.09430 Statewide, Standardized Alternate Assessment Program Requirements

(1) Definitions. For the purpose of this rule, the following definitions shall apply:

(a) “Achievement level” means the level of content mastery a student has acquired in a particular subject as measured by a statewide, standardized alternate assessment. Achievement levels for the Florida Alternate Assessment (FAA) – Performance Task range from one (1) through four (4), with level 1 being the lowest achievement level, level 4 being the highest achievement level, and level 3 indicating satisfactory performance on the assessment. Achievement levels for the FAA – Datafolio range from one (1) to three (3), with level 1 being the lowest achievement level, and level 3 indicating satisfactory performance on the assessment.

(b) “Alternate achievement standards” means state academic content standards that are aligned to grade-level achievement standards with reduced levels of complexity, designed to provide students with the most significant cognitive disability, as defined in Rule 6A-1.0943, F.A.C., access to the general curriculum.

(c) “Baseline year” means the first school year in which an assessment is administered. Achievement levels are established using the results from the baseline year.

(d) “Eligible students” means students who are eligible to participate in the statewide, standardized alternate assessment based upon subsection (5) of Rule 6A-1.0943, F.A.C.

(e) “Level of Assistance” (LOA) means the assistance a teacher provides in order for a student participating in the FAA – Datafolio to meaningfully engage in academic content.

(2) The statewide, standardized alternate assessment program required by s. 1008.22, F.S., shall be developed under the direction and supervision of the Commissioner of Education and shall be:

(a) Kept secured at all times, in accordance with the provisions of Rule 6A-10.042, F.A.C.

(b) Provided to all school districts in the quantity needed for the students in the district.

(c) Administered in accordance with standard written instructions appropriate for the assssment. The written instructions will be issued by the Commissioner in the form of test administration manuals and other written communications, and provided to school districts prior to each test.

(d) As appropriate, developed in consultation with teachers and other appropriate professionals and shall be approved by the Commissioner prior to being administered to students.

(3) The alternate assessment program shall include comprehensive assessments in English Language Arts (ELA), Mathematics, Science, and Access end-of-course (EOC) assessments.

(a) The statewide alternate ELA assessments shall measure reading skills in grade three and reading and writing skills in grades four through ten.

(b) The statewide alternate Mathematics assessments shall measure students’ mathematics skills in grades three through eight.

(c) The statewide alternate Science assessments shall measure students’ science skills in grades five and eight.

(d) The statewide alternate EOC assessments shall consist of assessments measuring the skills specified in five (5) courses: Algebra 1, Biology 1, Geometry, Civics, and United States History.

(4) The alternative assessment program is designed for a student with the most significant cognitive disability and includes the FAA – Performance Task and the FAA – Datafolio assessments. The decisions of whether a student is eligible to particpate in the alternative assessment program and whether the student should participate in the FAA – Performance Task or FAA – Datafolio assessments is determined by the student’s Individual Educational Plan (IEP) team in accordance with Rule 6A-1.0943, F.A.C.

(a) The FAA – Performance Task is designed for a student with the most significant cognitive disability who can make meaningful independent choices and requires direct instruction based on access points. The FAA – Performance Task measures a student’s academic performance based on the access points. The four (4) achievement levels are established based on scale scores.

(b) The FAA – Datafolio is designed for those students with the most significant cognitive disabilities who typically do not have a formal mode of communication and who may be working at pre-academic levels. The FAA – Datafolio measures a student’s progress toward meeting individualized goals established for the student in two areas: level of assistance and knowledge of access points. A student receives a progress score assigned to each of the three (3) alternate achievement standards assessed in each content area. Progress scores range from zero (0) to five (5).

(5) The statewide FAA – Performance Task alternate assessment program shall be administered as follows:

(a) All eligible students in grades three through ten shall take the FAA – Performance Task ELA assessment (baseline year 2023-2024).

(b) All eligible students in grades three through eight shall take the FAA – Performance Task Mathematics assessment (baseline year 2023-2024).

(c) All eligible students in grades five and eight shall take the FAA – Performance Task Science assessment (baseline year 2015-2016).

(d) All eligible students enrolled in a high school Access Algebra 1 or equivalent course must take the FAA – Performance Task Access Algebra 1 EOC assessment (baseline year 2023-2024); all eligible students enrolled in a high school Access Biology 1 or equivalent course must take the FAA – Performance Task Access Biology 1 EOC assessment (baseline year 2015-2016); all eligible students enrolled in a high school Access Geometry or equivalent course must take the FAA – Performance Task Access Geometry EOC assessment (baseline year 2023-2024); all eligible students enrolled in a high school Access United States History or equivalent course must take the FAA – Performance Task Access United States History EOC assessment (baseline year 2016-2017); and all eligible students enrolled in a middle school Access Civics education course must take the FAA – Performance Task Access Civics EOC assessment (baseline year 2016-2017).

(e) Provisions shall be made by the Commissioner to permit the test to be administered to home school students and private school students pursuant to ss. 1002.39 and 1002.395, F.S., under conditions which preserve the security of the assessment and require the public school districts to be responsible for the test administration procedures and requirements of Rule 6A-10.042, F.A.C.

(6) The statewide FAA – Datafolio alternate assessment program shall be administered as follows:

(a) All eligible students in grades three through ten shall take the FAA – Datafolio ELA assessment (baseline year 2023-2024).

(b) All eligible students in grades three through eight shall take the FAA – Datafolio Mathematics assessment (baseline year 2023-2024).

(c) All eligible students in grades five and eight shall take the FAA – Datafolio Science assessment (baseline year 2016-2017).

(d) All eligible students enrolled in a high school Access Algebra 1 or equivalent course must take the FAA – Datafolio Access Algebra 1 EOC assessment (baseline year 2023-2024); all eligible students enrolled in a high school Access Biology 1 or equivalent course must take the FAA – Datafolio Access Biology 1 EOC assessment (baseline year 2016-2017); all eligible students enrolled in a high school Access Geometry or equivalent course must take the FAA – Datafolio Access Geometry EOC assessment (baseline year 2023-2024); all eligible students enrolled in a high school Access United States History or equivalent course must take the FAA – Datafolio Access United States History EOC assessment (baseline year 2016-2017); and all eligible students enrolled in a middle school Access Civics education course must take the FAA – Datafolio Access Civics EOC assessment (baseline year 2016-2017).

(e) Provisions shall be made by the Commissioner to permit the test to be administered to home school students and private school students pursuant to ss. 1002.39 and 1002.395, F.S., under conditions which preserve the security of the assessment and require the public school districts to be responsible for the test administration procedures and requirements of Rule 6A-10.042, F.A.C.

(7) Examinee scores on statewide alternate ELA, Mathematics, Science, and EOC assessments shall be reported by the use of achievement levels determined by the baseline year assessment administered according to the schedule established in subsections (4) and (5), of this rule.

(a) The achievement levels for the statewide FAA – Performance Task assessments are as shown in the following tables:

Statewide FAA – Performance Task ELA assessment standards (340 to 460) for each achievement level:

Grade

Level 1

Level 2

Level 3

Level 4

3

340–387

388–399

400–420

421–460

4

340–386

387–400

401–419

420–460

5

340–384

385–401

402–417

418–460

6

340–384

385–400

401–417

418–460

7

340–383

384–400

401–416

417–460

8

340–384

385–399

400–416

417–460

9

340–383

384–399

400–415

416–460

10

340–384

385–399

400–416

417–460

Statewide FAA – Performance Task Mathematics assessment standards (340 to 460) for each achievement level:

Grade

Level 1

Level 2

Level 3

Level 4

3

340–387

388–400

401–413

414–460

4

340–384

385–400

401–415

416–460

5

340–389

390–401

402–417

418–460

6

340–388

389–401

402–418

419–460

7

340–388

389–401

402–417

418–460

8

340–387

388–398

399–416

417–460

Statewide FAA – Performance Task Science assessment standards (540 to 660) for each achievement level:

Grade

Level 1

Level 2

Level 3

Level 4

5

540-579

580-598

599-615

616-660

8

540-579

580-599

600-618

619-660

Statewide FAA – Performance Task Access Algebra 1 EOC assessment standards (525 to 675) for each achievement level:

Level 1

Level 2

Level 3

Level 4

525–585

586–599

600–623

624–675

Statewide FAA – Performance Task Access Biology 1 EOC assessment standards (725 to 875) for each achievement level:

Level 1

Level 2

Level 3

Level 4

725-772

773-794

795-822

823-875

Statewide FAA – Performance Task Access Geometry EOC assessment standards (525 to 675) for each achievement level:

Level 1

Level 2

Level 3

Level 4

525–580

581–599

600–618

619–675

Statewide FAA – Performance Task Access Civics EOC assessment standards (725 to 875) for each achievement level:

Level 1

Level 2

Level 3

Level 4

725-772

773-795

796-817

818-875

Statewide FAA – Performance Task United States History EOC assessment standards (725 to 875) for each achievement level:

Level 1

Level 2

Level 3

Level 4

725-777

778-791

792-817

818-875

(b) The achievement levels for the statewide FAA―Datafolio assessments are as shown below:

Statewide FAA – Datafolio assessment standards for ELA; Mathematics; Science; and Access Civics, Access Algebra 1, Access Geometry, Access Biology 1, and Access United States History EOC assessments for each achievement level: Level 1: The progress scores for each of the three standards assessed in the content area include a score of one (1) in at least one standard but do not include more than one score of two (2) or higher on any standard. Level 2: The progress scores for each of the three standards assessed in the content area include a score of two (2) in at least two standards or a score of three (3) or higher on one standard. Level 3: The progress scores for each of the three standards in the content area include a score of three (3) or higher in at least two standards.

(8) The assessments shall be administered according to a schedule approved by the Commissioner.

History

• Rulemaking Authority 1001.02(2)(n), 1008.22(15), 1008.25(11) FS. Law Implemented 1001.02, 1001.11, 1008.22, 1008.25 FS. History–New 5-3-10, Amended 6-20-17, 2-20-18, 12-24-24.

Fla. Admin. Code R. 6A-1.09431 Procedures for Special Exemption from Graduation Test Requirement for Students with Disabilities Seeking a Standard High School Diploma

History

• Rulemaking Authority 1008.22(3)(c), 1003.428, 1003.43 FS. Law Implemented 1008.22, 1003.428, 1003.43 FS., 20 USC 1412(a)(1)(B). History–New 9-17-01, Repealed 12-23-13.

Fla. Admin. Code R. 6A-1.09432 Assessment of English Language Learners

(1) All students classified as English Language Learners (ELLs) must participate in the statewide assessment program, prescribed in Section 1008.22, F.S. There is no categorical exemption from participation in the statewide assessment program for ELLs except as provided in Rule 6A-6.0909, F.A.C.

(2) An exemption from participation in the English Language Arts component of the statewide assessment program for an individual English Language Learner may only be made by specific action of an ELL committee as defined in subsection 6A-6.0901(5), F.A.C., and only for a student whose Date Entered a United States School (DEUSS) falls within one (1) year prior to the assessment date.

(a) The ELL committee, in making its decision, shall consider the following factors:

1. Level of mastery of basic competencies or skills in English and home language according to appropriate local, state, and national criterion-referenced standards;

2. Grades from the current or previous years; or

3. Other test results.

(b) The ELL committee shall exempt an English Language Learner from participation in the English Language Arts component of the statewide assessment program if it determines that the student’s participation would have an unsound instructional effect on the student. Students exempted from a component of the statewide assessment program may be counted as non-participants for that component and may reduce the participation rate of assessed students in the school, district, and state and federal accountability reports.

(3) The use of ELL assessment data for school grading purposes shall be as stated in Rule 6A-1.09981, F.A.C.

(4) ELL assessment data shall be used by school districts and schools to evaluate the effectiveness of their instructional programs for English Language Learners and to follow-up such evaluations with appropriate adjustments, modifications, and improvements of the district’s and the school’s English for Speakers of Other Languages (ESOL) programs. The district’s ELL plan submitted to the Department pursuant to Sections 1003.56 and 1011.62, F.S. and Rule 6A-6.0905, F.A.C., shall be revised whenever substantive changes in the district’s ESOL program are required.

(5) Assessment results of individual students shall be used by schools to evaluate the progress of individual students. When indicated, such evaluations shall result in appropriate adjustments, modifications, and improvements of each individual ELL student plan, pursuant to Rules 6A-6.0901, 6A-6.0902 and 6A-6.0903, F.A.C. The ELL committee shall be convened whenever substantive changes in an individual ELL student plan are required.

(6) No promotion or retention decision may be made for any individual student classified as an English Language Learner based solely on a score on any single assessment instrument, whether such assessment instrument is part of the statewide assessment program or of a particular district’s formal assessment process. A formal retention recommendation regarding an English Language Learner may be made through action of an ELL committee.

History

• Rulemaking Authority 1001.02, 1003.56, 1008.22, 1008.25, 1008.34 FS. Law Implemented 1003.56, 1008.22, 1008.25, 1008.34, 1011.62 FS. History–New 4-29-02, Amended 4-21-09, 6-23-16.

Fla. Admin. Code R. 6A-1.09433 Voluntary Prekindergarten Pre- and Post-Assessments

History

• Rulemaking Authority 1001.02(2)(n), 1002.67(3), 1002.73(2)(d) FS. Law Implemented 1002.67(3), 1002.73(2)(d) FS. History–New 4-1-15, Amended 7-26-16, Repealed 11-22-22.

Fla. Admin. Code R. 6A-1.0944 Access, Maintenance and Destruction of State Student Assessment Tests and Related Materials

History

• Rulemaking Authority 1008.23 FS. Law Implemented 1008.23 FS. History–New 9-12-78, Formerly 6A-1.944, Repealed 1-7-16.

Fla. Admin. Code R. 6A-1.09441 Requirements for Programs and Courses that are Funded Through the Florida Education Finance Program and for Which the Student May Earn Credit Toward High School Graduation

For student membership in a program or course to generate funding through the Florida Education Finance Program and for the student to receive elective or required credit toward high school graduation for such a program or course, the following conditions shall be met:

(1) The program in which the student is in membership shall be one of the programs listed in Section 1011.62(1)(c), F.S.

(2) The course or program in which the student is in membership shall be an educational activity which constitutes a part of the instructional program approved by the district school board.

(3) The student shall be under the supervision of an instructional staff member as defined in Section 1012.01(2), F.S.

(4) The course or program shall be listed in the “Course Code Directory and Instructional Personnel Assignments” for the year in which the student is in membership.

(5) The “Course Code Directory and Instructional Personnel Assignments 2026-2027,” (http://flrules.org/Gateway/reference.asp?No=Ref-19726) is hereby incorporated by reference and made a part of this rule, effective August 2026. The Commissioner may publish the document in appropriate and useful formats such as printed copy, electronic database access or electronic disc. The directory may be obtained from the Office of Articulation, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399. The Commissioner of Education may approve additional courses and course descriptions for which funding could be generated through the Florida Education Finance Program. Such additional course listings will be made available as approved. To request a new course, complete Form CCD01, Course Code Directory Request to Add a New Course, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17059) which is hereby incorporated by reference and made a part of this rule, effective November 2024. A hard copy may be obtained by contacting the Office of Articulation, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399, or https://www.fldoe.org/policy/articulation/ccd/.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.03(6), 1003.4282(1)(b), 1007.2616(8), 1011.62(1)(a) FS. Law Implemented 1003.03(6), 1003.4282(1)(b), 1007.2616, 1011.62(1)(a), 1012.55(1)(c) FS. History–New 12-20-83, Formerly 6A-1.9441, Amended 2-6-86, 12-28-86, 4-4-88, 12-13-88, 12-11-89, 1-15-91, 2-20-92, 7-13-93, 10-18-94, 8-28-95, 4-18-96, 7-17-97, 8-12-98, 5-3-99, 5-3-01, 10-15-01, 7-30-02, 4-21-05, 11-21-05, 7-27-06, 1-18-07, 5-19-08, 1-5-09, 6-22-09, 5-3-10, 8-21-11, 9-5-12, 11-3-13, 4-2-14, 12-23-14, 6-23-15, 6-23-16, 6-20-17, 4-30-18, 4-22-19, 5-5-20, 4-20-21, 3-15-22, 5-23-23, 9-26-23, 4-30-24, 11-18-24, 5-13-25, 10-28-25, 5-21-26, 8-25-26.

Fla. Admin. Code R. 6A-1.09442 Process and Minimum Standards for the Award of High School Credit for Career and Technical Student Organization Participation

(1) Purpose. The purpose of this rule is to establish a process that enables a school district to award high school credit to a student with demonstrable participation in a career and technical student organization.

(2) Intent. It is the intent of this rule that school districts facilitate opportunities for students in grades 6 through 12 to actively participate in a wide variety of career and technical student organizations that foster development of practical skills, leadership qualities, and overall career readiness.

(3) Definitions.

(a) “Career and technical education program” means a comprehensive program of secondary instruction for which a curriculum framework has been adopted in accordance with Rule 6A-6.0571, F.A.C.

(b) “Career and technical student organization” or “CTSO” means organizations for students enrolled in a career and technical education program that engages in career and technical education activities as an integral part of the instructional program to develop knowledge and skills by participating in activities, events, and competitions.

(c) “Career and technical student organization advisor” means the instructional personnel, as defined in s. 1012.01(2), F.S., that is responsible for the management of the CTSO chapter and student members at the local level. The advisor is also responsible for student involvement and participation in local, regional, and state CTSO activities.

(d) “District” means a Florida school district or district school board, a charter school governing board, the Florida Virtual School (s. 1002.37, F.S.), the Florida School for the Deaf and the Blind (s. 1002.36, F.S.), and Developmental Research (Laboratory) Schools (s. 1002.32, F.S.).

(4) Minimum requirements to receive credit for CTSO participation.

(a) Beginning in the 2023-24 school year, a student in grades 6 through 12 may be awarded one high school credit upon providing his or her school with verifiable documentation showing an accumulation of at least one hundred thirty-five (135) hours of participation in CTSO activities that occur outside of regular class time. The 135-hour threshold may be accumulated over the course of one or more academic years.

(b) To count toward high school credit, CTSO experiences and activities must provide the opportunity for students to apply academic and technical content to career experiences. These activities may include events, projects, competitions, and workshops, including preparation or practice time for such activities, supervised agricultural experiences or any other activity that meets the definition of work-based learning under s. 446.0915, F.S., that is related to a CTSO.

(5) Process for awarding high school credit.

(a) A school district may award one high school credit for demonstrable participation in CTSO activities, in accordance with district policies and its student progression plan under s. 1008.25, F.S.

(b) Credit awarded must satisfy an elective requirement for a standard high school diploma, adult standard high school diploma, or certificate of completion under s. 1003.4282, F.S., or an elective credit for the Academically Challenging Curriculum to Enhance Learning (ACCEL) Option under s. 1002.3105, F.S.

(c) For students pursuing a standard diploma through the career and technical education pathway option under s. 1003.4282, F.S., the high school credit will satisfy one credit in work-based learning.

(d) The school district must use the transfer number provided in the Course Code Directory, adopted in 6A-1.09441, F.A.C., for granting credit that must be recorded on student records and transcripts. Districts must not report the course or credit earned through CTSO participation for funding through the Florida Education Finance Program (FEFP).

(6) Required Procedures. Districts must develop procedures to evaluate and award high school credit for demonstrable participation in CTSO activities in accordance with this rule. Such procedures must describe:

(a) Acceptable forms of verifiable documentation of demonstrable CTSO participation;

(b) A process for evaluating if a student has achieved the minimum standards to evidence demonstrable CTSO participation;

(c) An explanation of how and when high school credit will be awarded;

(d) A process for students transferring into the district to present verifiable documentation of demonstrable CTSO participation;

(e) Key timelines and deadlines for submission of verifiable documentation; and

(f) Training for CTSO advisors, teachers, and other relevant school-based or school district personnel on the requirements to award credit for CTSO participation.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.4282(7)(a)4. FS. Law Implemented 1003.4282, FS. History – New 2-20-24.

Fla. Admin. Code R. 6A-1.09512 Equivalent Minimum School Term for Compulsory Attendance Purposes

Any child of compulsory school attendance age, who is enrolled in a non-public school pursuant to Section 1002.42, F.S., shall be deemed to be in compliance with the compulsory attendance requirements of Section 1003.21(1)(a), F.S., provided the child maintains regular attendance during the entire school term of either:

(1) One hundred eighty (180) actual school days determined as prescribed by Section 1011.60(2), F.S., or

(2) A minimum of one hundred seventy (170) actual school days and the hourly equivalent of one hundred eighty (180) actual school days, determined as prescribed below:

(a) Kindergarten: Five hundred forty (540) net instructional hours.

(b) Grades 1-3: Seven hundred twenty (720) net instructional hours.

(c) Grades 4-12: Nine hundred (900) net instructional hours.

History

• Rulemaking Authority 1001.02, 1011.60(2) FS. Law Implemented 1002.42, 1003.21, 1011.60 FS. History–New 4-21-80, Formerly 6A-1.9512.

Fla. Admin. Code R. 6A-1.09513 Parents’ Responsibility for School Attendance

(1) Each parent of a child within the compulsory attendance age shall be responsible for such child’s school attendance as required by law. Parents will not be held responsible for their child’s nonattendance at school under the conditions specified in Section 1003.24, F.S. The term insurmountable condition as used in Section 1003.24(4), F.S., is defined as follows:

(a) Extreme weather conditions such as, but not limited to, floods, hurricanes, tornadoes, or other acts of God which make it impracticable or inadvisable for the safety of the student to attend school.

(b) Communicable disease outbreaks such as, but not limited to, measles and chicken pox, which the state health officer or county health medical director indicates a student should be excluded from school for reasons of health and safety.

(c) Local conditions determined by the school district which, after taking into account the material circumstances, would render impracticable a student’s attendance at school.

(2) The school district shall provide a parent with a reasonable opportunity to be heard before referring a case for enforcement pursuant to Section 1003.27, F.S.

History

• Rulemaking Authority 1001.02, 1003.24 FS. Law Implemented 1001.02, 1003.24 FS. History–New 11-23-88.

Fla. Admin. Code R. 6A-1.09514 Excused Absences for Religious Instruction or Holiday

(1) Release time during the school day to participate in religious instruction. Each school district must adopt a policy to permit release time during the school day for students to participate in religious instruction to implement Section 1003.21(2)(b), F.S. The school district’s policy must include, but is not limited to, the following:

(a) Provisions establishing the procedures and time frames under which each religious institution which offers religious instruction will make its attendance records available to the school district. Such provisions shall not impair nor impede the school district’s established system of attendance recordkeeping although the school district may make adjustments in its system as long as the school district continues to comply with Sections 1003.23 and 1003.436, F.S. and Rule 6A-1.044, F.A.C.

(b) Provisions establishing the school district’s requirements for the acceptance by the religious institution or parents of responsibility for any liability involving students on release time. Such requirements shall, at a minimum, require the religious institution or parents to indemnify the school district and hold it harmless with respect to any liability arising from conduct which does not occur on property under the control or supervision of the school district, and to maintain adequate insurance for that purpose.

(c) Provisions which assure that decisions on requests for release time properly take into account the district’s pupil progression plan as stated in Section 1003.21(1)(b), F.S., and that the principal, or his or her designee, must work with parents and guardians to review a student’s schedule to ensure that absences for religious instruction do not take place during instruction in core-curricula courses as defined in Section 1003.01(5), F.S.

(d) Provisions specifying the procedures and time limits for students to make up any examination, study, or assignment which has been missed due to an excused absence pursuant to the district’s policy under this subsection.

(e) Provisions which give parents and students an opportunity to be heard in connection with a decision to terminate the permission given to a student to attend religious instruction during the school day.

(2) Each school district shall adopt a policy to implement Section 1003.21(2)(b), F.S., for students in grades K through 12 providing that absences from school for observance of a religious holiday or because the tenets of a student’s religion forbid secular activity during a school day or portion thereof shall be excused subject to compliance with such policy. The district’s policy shall include, but is not limited to:

(a) Provisions for establishing and modifying a list of religious holidays which shall be included in the policy. School districts may consult with religious institutions and leaders in the community for this purpose.

(b) Provisions specifying the procedures and time limits for students to make up any examination, study, or assignment which has been missed due to an excused absence pursuant to the district’s policy under this subsection.

(c) Provisions for the procedures and time limits for a student’s parent or guardian to give prior notice of a student’s intended absence.

(d) Provisions giving affected students and parents an opportunity to be heard in connection with the decision to excuse or not excuse an absence on a day or portion thereof which is not included in the list of religious holidays.

(3) Each school district which operates one or more technical college, career center, or charter technical college must adopt a policy, including a grievance procedure, as prescribed in Section 1001.64(8)(g), F.S., which shall be applicable to the students of the technical college or career center. The policy shall separately specify the reasonable accommodations for religious observation, practice and belief of individual students made in regard to admissions, class attendance and the scheduling of examinations and work assignments, provided that:

(a) The school district shall not be obligated to make accommodations which impair or impede its compliance with other statutes and rules of the State Board of Education, or which adversely affect the quality of instruction.

(b) The content of the policy shall be determined by the school district which may solicit and receive, but is not bound by, information from religious organizations, leaders, and affected students.

(c) The school district shall annually make known its policy as required in Section 1001.64(8)(g), F.S.

History

• Rulemaking Authority 1000.05(6), 1001.02(1), (2)(n), 1003.21(2)(b) FS. Law Implemented 1000.05(2), 1001.64, 1003.21, 1003.436, 1006.53 FS. History–New 10-17-89, Amended 5-3-10, 6-17-26.

Fla. Admin. Code R. 6A-1.09515 Excused Absences for Treatment of Autism Spectrum Disorder

(1) Release time during the school day to participate in therapy services for the treatment of autism spectrum disorder. Each school district shall adopt policies authorizing a parent to request and be granted permission for absence of a student to receive therapy services for treatment of autism spectrum disorder to implement Section 1003.21(2)(b)2., F.S. The school district’s rules shall include, but are not limited to, the following:

(a) Provisions establishing the procedures and time frames for parents to request excused absences for scheduled appointments for treatment of autism spectrum disorder.

(b) Provisions for establishing the school district’s requirements for verification of therapy provided by licensed health care practitioners or certified behavior analysts pursuant to Section 393.17, F.S., for the treatment of autism spectrum disorder.

(2) For purposes of this rule, a school district may accept documentation of excused absences from certified behavior analysts pursuant to Section 393.17, F.S.; speech-language pathologists licensed under Section 468.1185, F.S.; occupational therapists licensed under Part III of Chapter 468, F.S.; psychologists licensed under Chapter 490, F.S.; clinical social workers licensed under Chapter 491, F.S.; or other health care practitioners as defined in Section 456.001(4), F.S.

History

• Rulemaking Authority 1001.02(1), 1003.21(2)(b) FS. Law Implemented 1002.20, 1003.21(2)(b), 1003.24 FS. History–New 4-30-18.

Fla. Admin. Code R. 6A-1.0952 Length of School Day for Double Sessions

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 228.041(13) FS. History–New 8-9-68, Amended 2-18-74, 12-5-74, Formerly 6A-1.952, Repealed 4-18-96.

Fla. Admin. Code R. 6A-1.09521 Minimum Length of One-Half Day Kindergarten

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 228.041(13), 236.013(2)(c)2.b. FS. History–New 10-31-74, Amended 12-5-74, Formerly 6A-1.9521, Repealed 4-18-96.

Fla. Admin. Code R. 6A-1.09531 Minimum School Day for Emergency Situations

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 120.53(1)(b), 228.041(13) FS. History–New 12-17-71, Repromulgated 12-5-74, Formerly 6A-1.9531, Repealed 4-25-07.

Fla. Admin. Code R. 6A-1.09533 Minimum School Term, Emergencies

The Commissioner of Education will consider written requests by district school boards to reduce the length of the school term in case of national, state or local emergencies pursuant to Section 1011.60(2), F.S. and Rule 6A-1.09533, F.A.C., with or without a proportionate reduction in funding, only if no teacher planning days, excluding a maximum of three (3) planning days at the end of the school year, remain in the official school year calendar as approved by the district school board, and no school holidays, other than authorized national or state holidays, remain in the official school year calendar as approved by the district school board.

History

• Rulemaking Authority 1001.02(1), 1011.60(2) FS. Law Implemented 1011.60(2) FS. History–New 10-23-79, Formerly 6A-1.9533, Amended 7-5-88, 12-20-16.

Fla. Admin. Code R. 6A-1.0954 Extended School Term

History

• Rulemaking Authority 236.04(2)(d) FS. Law Implemented 236.04(2)(d) FS. History–New 2-20-64, Formerly 6A-1.954, Repealed 2-18-74.

Fla. Admin. Code R. 6A-1.0955 Education Records

(1) Purposes. This rule applies to education records maintained to facilitate the instruction, guidance, and educational progress of students in programs operated under the authority and direction of a district school board or other agency or institution as defined in Section 1002.22(1), F.S. This rule is intended to further the intent of Section 1002.22(2), F.S., that the rights of students and their parents with respect to education records created, maintained, or used by public educational institutions and agencies must be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, the implementing regulations issued pursuant thereto, and Sections 1002.22 and 1002.221, F.S.

(2) Definitions.

(a) “Education records” means records that are directly related to a student and that are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution, as defined in 20 U.S.C. s. 1232g(a)(4).

(b) “Eligible student” means a student who has reached 18 years of age or is attending a postsecondary institution, at any age.

(c) “Institution” means any public school, center, or other entity that is part of Florida’s education system under Sections 1000.04(2), (4), and (5), F.S.

(d) “Online educational service” means computer software, mobile applications (apps), and web-based tools that students or parents are required to use and access through the internet and as part of a school activity or function. Examples include online services that students or parents use to access class readings, assignments, or videos, to view learning progression, or to complete assignments. This does not include online services that students or parents may use in their personal capacity or to online services that districts or schools may use to which students or parents do not have access, such as a district student information system.

(e) “Parent” includes parents or guardians of students who are or have been in attendance at a school or institution as defined in paragraph (2)(c).

(f) “Personally identifiable information” or “PII” means information that can be used to distinguish or trace a student’s identity either directly or indirectly through linkages with other information, as defined in 34 CFR §99.3. PII includes, but is not limited to direct identifiers (such as a student’s or other family member’s name), indirect identifiers (such as a student’s date of birth, place of birth, or mother’s maiden name), and other personal identifiers (such as a student’s social security number or Florida Education Identifier (FLEID) number). PII also includes information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.

(g) “School Board or School District” means a Florida school district or district school board, charter school governing board, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.).

(h) “School day(s)” means any weekday that school is in session, based on the school district’s calendar;

(i) “Student” means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

(j) “Therapeutic treatment plan” means a plan that identifies the mental health diagnosis, or condition, the therapy or intervention goal(s), the type of school-based mental health intervention, and the school-based mental health services provider responsible for providing the mental health intervention or therapy.

(k) “Therapy progress notes” means notes maintained by a school-based mental health services provider that summarize the focus and progress toward treatment goals(s) of each therapy or intervention session.

(l) “Third-party vendor” or “Third-party service provider” means any entity, whether public or private, that provides services to a school board or institution through a contract or agreement. The term does not include the Florida Department of Education, the Department’s contractors and subcontractors, and School Boards and School Districts as defined in paragraph (2)(g).

(3) Information contained in education records must be classified and retained as follows:

(a) Category A: Information for each student which must be kept current while the student is enrolled and retained permanently in the manner prescribed by Section 1001.52(2), F.S.

(b) Category B: Information which is subject to periodic review and elimination when the information is no longer useful in the manner prescribed by Section 1001.52(3), F.S.

(4) Content of Category A records. The following information must be maintained for each student:

(a) Student’s full legal name,

(b) Authenticated birthdate, place of birth, race, ethnicity and sex,

(c) Last known address of the student,

(d) Names of the student’s parent(s) or guardian(s),

(e) Name and location of last school attended,

(f) Number of days present and absent, date enrolled and date withdrawn,

(g) Courses taken and record of achievement, such as grades, units, or certification of competence,

(h) Date of graduation or date of program completion, and

(i) Records of requests for access to and disclosure of personally identifiable information from the education records of the student as required by FERPA, and

(j) Threat management records, as described in subsection (6).

(5) Content of Category B records. These records may include but are not limited to the following:

(a) Health information and health care plans,

(b) Family background data,

(c) Standardized test scores,

(d) Educational and career plans,

(e) Honors and activities,

(f) Work experience reports,

(g) Teacher comments,

(h) Reports of student services or exceptional student staffing committees including all information required by Section 1001.42(13), F.S.,

(i) Discipline records,

(j) School Environmental Safety Incident Reports (SESIR) collected under Section 1006.07(9), F.S.,

(k) Academic and behavioral intervention services,

(l) Psychological evaluations,

(m) Therapeutic treatment plans and therapy progress notes,

(n) Correspondence from community agencies or private professionals,

(o) Driver education certificate,

(p) List of schools attended,

(q) Written agreements of corrections, deletions or expunctions as a result of meetings or hearings to amend educational records, and

(r) Records designated for retention by the Florida Department of State in General Records Schedule GS7 for Public Schools Pre-K – 12, Adult and Vocational/Technical.

(6) Threat management. All reports of concerning behavior, concerning communications, or threats documented using the Florida Harm Prevention and Threat Management Instrument prescribed by Rule 6A-1.0019, F.A.C., are Category A records and must be permanently maintained in the Florida School Safety and Threat Management Portal. Threat management records include all corresponding documentation and any additional information required by the Florida Model for Harm Prevention and Threat Management related to the reporting, evaluation, intervention, and management of threat assessment evaluations and intervention services.

(7) School districts must maintain sufficient information, to include social security numbers for students enrolled in a postsecondary program so that they can be located after they have either withdrawn or completed a program of study.

(8) Each school board must adopt a policy for educational records which must include:

(a) Provisions for an annual written notice and other notices necessary to inform parents and eligible students of their rights as defined in Section 1002.22(2), F.S., and FERPA. The district must develop methods of notice for informing parents and eligible students unable to comprehend a written notice in English;

(b) Provisions for permitting parents and eligible students to inspect and review the education records of the student. The district must comply with a request within a reasonable period of time, but in no case more than thirty (30) days after it has been made;

(c) Provisions for parents and eligible students to exercise the right of waiver of access to confidential letters or statements. School districts may not require that parents or eligible students waive any of their rights under Section 1002.22(2), F.S. and FERPA;

(d) A schedule of fees and charges for copies of education records which charges no more than the fees and charges for public records as set forth in Section 119.07, F.S. In no circumstance must the cost reflect the costs to retrieve the education records;

(e) A listing of the types and locations of education records maintained by the educational agency or institution and the titles and addresses of the officials responsible for those records;

(f) Provisions for disclosure of personally identifiable information where prior written consent of the parent or eligible student is not required;

(g) Provisions for disclosure of personally identifiable information where prior written consent of the parent or eligible student, is required, and provisions for maintaining records of requests and disclosures;

(h) Provisions for the maintenance and security of student records, including procedures to ensure the confidentiality of student records and safeguard records from unauthorized or unintentional access;

(i) Provisions for disclosure of personally identifiable information in health and safety emergencies;

(j) Provisions for disclosure of directory information;

(k) Provisions for challenging the content of any record which the parent or eligible student believe to be inaccurate, misleading or a violation of the right of privacy and for providing an opportunity for amendment of such information;

(l) Provisions for ensuring the accuracy of information maintained and for periodic review and elimination of information no longer useful, in the manner prescribed by Section 1001.52(3), F.S.; and

(m) Provisions for parents to specify the use of any deviation from their child’s legal name in school. School districts will develop a form to obtain parental consent along with any required documentation, as appropriate.

(9) Procedures for transfer of education records.

(a) The transfer of records must be made immediately upon written request of an eligible student, a parent or a receiving school. The principal or designee must transfer a copy of all Category A and Category B information and must retain a copy of Category A information; however, student records which are required for audit purposes for programs listed in Section 1010.305, F.S., must be maintained in the district for the time period indicated in Rule 6A-1.0453, F.A.C. The retention of threat management records is satisfied by uploading all threat management records, as defined in subsection (6), to the Florida School Safety and Threat Management Portal.

(b) The transfer of education records must not be delayed for nonpayment of a fee or fine assessed by the school.

(c) The transfer of records of students who transfer from school to school must occur within five (5) school days of receipt of the request for records from the new school or district, or receipt of the identity of the new school and district of enrollment, whichever occurs first.

(d) Pursuant to Section 1003.25, F.S., student records must contain verified reports of serious or recurrent behavior patterns, including all documentation and related information for reports of concerning behavior, concerning communication, or threats that are documented using any portion of the Florida Harm Prevention and Threat Management Instrument, and psychological evaluations, including therapeutic treatment plans and therapy progress notes created or maintained by district or charter school staff. All reports of concerning behavior, concerning communication, or threats must be transferred, regardless of the outcome or level of concern.

(e) When transferring threat management records, the district sending the records must maintain a copy in the Florida School Safety Threat Management Portal.

(f) Upon notification by a postsecondary institution that a student has enrolled in postsecondary education, and upon notification by a district to a postsecondary institution that a student is eligible for dual enrollment, the records described in paragraph (9)(d) must be transferred to the student’s institution of enrollment. Transfers to a postsecondary institution must occur within five (5) school days of receipt of the request for records from the postsecondary institution or within five (5) school days of the district’s notification to the postsecondary institution that the student is eligible for dual enrollment.

(10) Security of education records.

(a) The school principal or designee must be responsible for the privacy and security of all student records maintained in the school.

(b) The superintendent of schools or designee must be responsible for the privacy and security of all student records that are not under the supervision of a school principal.

(c) Institutions and agencies that are not part of a school district must designate the office or position responsible for the privacy and security of all student records.

History

• Rulemaking Authority 1001.02(1), 1002.22(3), 1003.25(2), (4), 1008.405 FS. Law Implemented 1001.42(8)(c), 1001.52(2), (3), 1002.22(2), (3),1002.221, 1003.25, 1008.405 FS. History–New 4-11-70, Repromulgated 12-5-74, Revised 6-1-75, Amended 10-7-75, 2-21-77, 3-1-78, 5-24-81, Formerly 6A-1.955, Amended 6-17-87, 1-2-95, 10-25-10, 5-5-20, 11-22-22, 8-22-23, 11-21-23, 2-20-24, 8-19-25, 8-25-26.

Fla. Admin. Code R. 6A-1.09550 Student Online Personal Information Protection

(1) Purpose. This rule sets forth requirements for policies that must be adopted by school districts and charter school governing boards to protect personally identifiable information of students when using required online educational services. The rule also provides minimum requirements for contracts or agreements where student information will be disclosed to or used by third-party vendors or service providers.

(2) Definitions.

(a) “Education records” means records that are directly related to a student and that are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution, as defined in 20 U.S.C. s. 1232g(a)(4).

(b) “Eligible student” means a student who has reached eighteen (18) years of age or is attending a postsecondary institution, at any age.

(c) “Institution” means any public school, center, or other entity that is part of Florida’s education system under Sections 1000.04(2), (4), and (5), F.S.

(d) “Online educational service” means computer software, mobile applications (apps), and web-based tools that students or parents are required to use and access through the internet and as part of a school activity or function. Examples include online services that students or parents use to access class readings, assignments, or videos, to view learning progression, or to complete assignments. This does not include online services that students or parents may use in their personal capacity or to online services that districts or schools may use to which students or parents do not have access, such as a district student information system.

(e) “Parent” includes parents or guardians of students who are or have been in attendance at a school or institution as defined in paragraph (2)(c).

(f) “Personally identifiable information” or “PII” means information that can be used to distinguish or trace a student’s identity either directly or indirectly through linkages with other information, as defined in 34 CFR §99.3. PII includes, but is not limited to direct identifiers (such as a student’s or other family member’s name), indirect identifiers (such as a student’s date of birth, place of birth, or mother’s maiden name), and other personal identifiers (such as a student’s social security number or Florida Education Identifier (FLEID) number). PII also includes information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.

(g) “School Board or School District” means a Florida school district or district school board, charter school governing board, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.).

(h) “Student” means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

(i) “Third-party vendor” or “Third-party service provider” means any entity, whether public or private, that provides services to a school board or institution through a contract or agreement. The term does not include the Florida Department of Education, the Department’s contractors and subcontractors, or School Boards and School Districts as defined in paragraph (2)(g).

(3) Review and Approval of Online Educational Services.

(a) For online educational services that students and parents are required to use, school districts and charter school governing boards must adopt policies to protect student PII from potential misuse and to protect students from data mining and targeted advertising. These policies must include, at a minimum, review and approval of any online educational service that students or their parents are required to use as part of a school activity or function. These policies must also include:

1. Review and approval of the online educational service’s terms of service and privacy policy to ensure compliance with state and federal privacy laws, including FERPA and its implementing regulations, the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. ss. 6501-6506, Section 1002.22, F.S., and the Student Online Personal Information Protection Act, Section 1006.1494, F.S.

2. Designation of a person or persons responsible for the review and approval of online educational services that will be required for students or parents to use and the procedure for seeking such approval.

3. Procedures for notifying parents and eligible students if student PII will be collected by the online educational service.

4. Where student PII will be collected by the online educational service, procedures for notifying parents and eligible students of information that will be collected, how it will be used, when and how it will be destroyed, and the terms of re-disclosure, if any; and

5. An explicit prohibition against using any online educational service that will share or sell a student’s PII for commercial purposes, including but not limited to targeted advertising, without providing parents a means to either consent or disapprove. This disclosure prohibition does not prevent the purchase, merger, or other type of acquisition of a third-party provider or online educational service by another entity, provided that the successor entity continues to be subject to the provisions of this rule with respect to previously acquired PII.

6. For any online educational service that a student or parent is required to use, a district must provide notice on its website of the PII information that may be collected, how it will be used, when it will be destroyed and the terms of re-disclosure. This notice must include a link to the online educational service’s terms of service and privacy policy, if publicly available.

(b) For online educational services that students and parents are referred to as part of a school activity or function, but are not required to use, school districts and charter school governing boards must provide notice to parents and eligible students if such online services have not been reviewed and approved in accordance with paragraph (3)(a).

(4) Contracts or Agreements with Third-Party Vendors.

(a) All contracts or agreements executed by or on behalf of a school district or charter school with a third-party vendor or a third-party service provider must protect the privacy of education records and student PII contained therein. Any agreement that provides for the disclosure or use of student PII must:

1. Require compliance with FERPA, its implementing regulations, and Section 1002.22, F.S..

2. Where applicable, require compliance with COPPA, 15 U.S.C. ss. 6501-6506, and its implementing regulations.

3. Where applicable, require vendors to ensure compliance with the Student Online Personal Information Protection Act, Section 1006.1494, F.S.

4. Ensure that only the PII necessary for the service being provided will be disclosed to the third party; and

5. Prohibit disclosure or re-disclosure of student PII unless one of the conditions set forth in paragraph (4)(b) has been met.

(b) Contracts or agreements with a third-party vendor or third-party service provider may permit the disclosure of PII to the third party only where one or more of the following conditions has been met:

1. The disclosure is authorized by FERPA and 34 CFR §99.31.

2. The disclosure is authorized by the school board or charter governing board’s directory information policy implemented in accordance with FERPA and 34 CFR §99.37. or

3. The disclosure is authorized by written consent of an eligible student or parent. Consent must include, at a minimum, an explanation of who the PII would be disclosed to, how it would be used, and whether re-disclosure is permitted. Any re-disclosure must meet the requirements of paragraph (4)(b) and must be authorized by the school board or charter school governing board.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.22(3), 1006.1494 FS. Law Implemented 1002.22(2), (3), 1002.221, 1006.1494 FS. History–New 9-26-23.

Fla. Admin. Code R. 6A-1.0956 Suspension on the Basis of Felony Charges

When a student is formally charged with a felony by a proper prosecuting attorney for an incident which allegedly occurred on property other than public school property, but which incident is shown to have an adverse impact on the educational program, discipline, or welfare in the school in which the student is enrolled, the principal shall, in accordance with Section 1006.09(2), F.S., conduct an administrative hearing for the purpose of determining whether or not the student should be suspended pending court determination of his or her guilt or innocence, or the dismissal of the charge, is made by a court of competent jurisdiction. The following procedures shall be followed by the principal in instituting and conducting the administrative hearing; provided, however, that a school board may, upon written approval of the Commissioner, utilize its own hearing policy in lieu of this rule.

(1) Upon receiving proper notice that a student has been formally charged with a felony, the principal shall immediately notify the parent or guardian of the student, in writing, of the specific charges against the student and of the right to a hearing prior to disciplinary action being instituted under the provisions of Section 1006.09(2), F.S.

(2) Such notice shall stipulate a date for hearing which shall be not less than two (2) school days nor more than five (5) school days from postmarked date, or delivery, of the notice and shall also advise the parent of the conditions under which a waiver of suspension may be granted, as prescribed in subsections (2) and (3) of Section 1006.09, F.S. Pending such hearing, the student may be temporarily suspended by the principal.

(3) The hearing shall be conducted by the principal, or designee, and may be attended by the student, the parent or guardian, the student’s representative or counsel, and any witnesses requested by the student, the parent or guardian, or the principal.

(4) The student may speak in his or her own defense, may present any evidence indicating his or her eligibility for waiver of disciplinary action, and may be questioned on his or her testimony. However, the student shall not be threatened with punishment or later punished for refusal to testify.

(5) In conducting the hearing, the principal or designee shall not be bound by rules of evidence or any other courtroom procedure, and no transcript of testimony shall be required.

(6) Following the hearing, the principal, within five (5) school days, shall provide the student and parent or guardian with a decision, in writing, as to whether or not suspension will be made. In arriving at this decision, the principal shall consider the conditions prescribed by subsections (2) and (3) of Section 1006.09, F.S., under which a waiver of suspension may be granted, and may grant such a waiver when he or she determines such action to be in the best interests of the school and the student. Provided, however, that any suspension pending adjudication of guilt shall be made only upon a finding, based upon conclusive evidence, that a felony charge has been formally filed against the student by a proper prosecuting attorney. The principal shall have authority to modify the decision to either grant or deny a waiver, at any time prior to adjudication of the student’s guilt by a court, provided that any such modification adverse to the student shall be made only following a hearing conducted in accordance with this rule.

History

• Rulemaking Authority 1001.02, 1006.09(2) FS. Law Implemented 1006.09(2) FS. History–New 2-18-74, Repromulgated 12-5-74, Amended 9-6-78, Formerly 6A-1.956, Amended 8-30-88, 5-3-10.

Fla. Admin. Code R. 6A-1.0957 Internet Safety Policy

(1) Purpose. The purpose of this rule is to set forth requirements for internet safety policies that must be adopted by school districts and charter school governing boards.

(2) Internet Safety Policy.

(a) By September 1 of each year, each district school board and charter school governing board must adopt an internet safety policy for student internet use that applies to all devices owned or provided by a district or school, or any device (including privately owned) connected to district- or school-provided internet. This policy must be reviewed and approved annually by the school board or governing board.

(b) In developing a student internet safety policy, district school boards and governing boards must review whether the Children’s Internet Protection Act, 47 C.F.R. § 54.520, applies and, if so, ensure compliance with CIPA.

(c) Student internet safety policies must, at a minimum:

1. Require the use of technology protection measures to filter or block access to material that is not appropriate for students, taking into consideration the subject matter and the age of the students served at each school;

2. Protect the safety and security of students when using email, chat rooms, and other forms of direct electronic communications;

3. Require the use of technology protection measures to prevent hacking or unauthorized access by students to data or information that they should not have access to, and to prohibit other unlawful online activities by students;

4. Prevents access to websites, web or mobile applications, or software that do not protect against the disclosure, use, or dissemination of students’ personal information in accordance with Rule 6A-1.0955, F.A.C.; and

5. Prohibits students from accessing social media platforms, except when expressly directed by a teacher for an educational purpose.

(d) Prior to requiring students to use online content, policies must require staff to confirm the content is not blocked by the student internet filter. Policies must provide a process for staff to request that blocked content or social media platforms be reviewed and unblocked for educational purposes.

(3) TikTok. School districts and charter school governing boards must:

(a) Prohibit the use of TikTok, and any successor platforms, on all district- or school-owned devices, or on any device (including privately owned) connected to district- or school-provided internet; and

(b) Prohibit the use of TikTok, or any successor platforms, to be used to communicate or promote any school district, school, school-sponsored club, extracurricular organization, or athletic team.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.02(1)(g)5. FS. Law Implemented 1003.02(1)(g) FS. History-New 8-22-23.

Fla. Admin. Code R. 6A-1.0985 Entry Into Kindergarten and First Grade by Out-of-State Transfer Students

(1) Any student who transfers from an out-of-state public school and who does not meet regular age requirements for admission to Florida public schools shall be admitted upon presentation of the data required in subsection (3).

(2) Any student who transfers from an out-of-state nonpublic school and who does not meet regular age requirements for admission to Florida public schools may be admitted if the student meets age requirements for public schools within the state from which he or she is transferring, and if the transfer of the student’s academic credit is acceptable under rules of the school board. Prior to admission, the parent or guardian must also provide the data required in subsection (3).

(3) In order to be admitted to Florida schools, such a student transferring from an out-of-state school must provide the following data:

(a) Official documentation that the parent(s) or guardian(s) was a legal resident(s) of the state in which the child was previously enrolled in school;

(b) An official letter or transcript from proper school authority which shows record of attendance, academic information and grade placement of the student;

(c) Evidence of immunization against communicable diseases as required in Section 1003.22, F.S.;

(d) Evidence of date of birth in accordance with Section 1003.21, F.S.; and,

(e) Evidence of a medical examination completed within the last twelve (12) months in accordance with Section 1003.22, F.S.

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1003.21(2) FS. History–New 7-29-82, Formerly 6A-1.985.

Fla. Admin. Code R. 6A-1.096 Extended School Term

History

• Rulemaking Authority 236.04(2)(d) FS. Law Implemented 236.04(2)(d) FS. History–New 2-20-64, Repromulgated 12-5-74, Formerly 6A-1.96, Repealed 6-10-75.

Fla. Admin. Code R. 6A-1.097 Issuance of Age Certificates

History

• Rulemaking Authority 229.053(1), 232.08 FS. Law Implemented 232.08, 450.045 FS. History–New 7-20-73, Repromulgated 12-5-74, Amended 1-29-76, 4-27-82, Formerly 6A-1.97, Repealed 10-18-94.

Fla. Admin. Code R. 6A-1.098 Non-resident Tuition Fee; Definitions; Procedure

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 228.121 FS. History–New 12-5-74, Formerly 6A-1.98, Repealed 9-6-78.

Fla. Admin. Code R. 6A-1.0981 Readiness Test for Early Admission to First Grade

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 232.01 FS. History–New 10-20-73, Formerly 6A-1.981, Repealed 10-31-74.

Fla. Admin. Code R. 6A-1.0982 Residency for First Grade Administration

History

• Rulemaking Authority 229.053(1)(g) FS. Law Implemented 232.01(1)(g) FS. History–New 2-18-74, Repromulgated 12-5-74, Formerly 6A-1.982, Repealed 4-18-96.

Fla. Admin. Code R. 6A-1.0983 Criteria for Early Entrance to First Grade

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 232.01(1)(g) FS. Law Implemented 120.53(1)(b), 232.01(1)(g), (h) FS. History–New 11-14-78, Formerly 6A-1.983, Repealed 3-27-86.

Fla. Admin. Code R. 6A-1.0984 Criteria for Early Entrance to Kindergarten

History

• Rulemaking Authority 229.053(1), 232.04 FS. Law Implemented 232.04 FS. History–New 7-29-82, Formerly 6A-1.984, Repealed 12-20-83.

Fla. Admin. Code R. 6A-1.099 Cooperative Projects and Activities

(1) District school boards are authorized to enter into cooperative or joint projects and activities as provided in Section 1001.42(14), F.S.; provided however, that any disagreements which cannot be satisfactorily resolved by the parties to such agreements may be referred to the Commissioner whose decision shall be binding on all cooperating boards.

(2) District school boards are authorized to establish educational consortia which are designed to provide joint programs and services to cooperating school districts.

(a) Establishment of consortium. Cooperating districts shall establish the consortium by a resolution of each school board. A district school board choosing to join a consortium shall by resolution declare its participation by setting forth at least the following:

1. The specific needs of the district which will be met by consortium activities.

2. The services to be received by the district.

3. A beginning date of entry into the agreement.

4. A termination date for the agreement or an annual option renewal date when the objectives to be achieved exceed one (1) fiscal year.

5. Amounts of funds to be paid annually for the services received or the specific method of computation used to determine such amounts.

(b) District of record. Cooperating districts shall designate a district of record for contractual and reporting purposes. The school board of the district of record shall be the responsible entity for contracting for services and materials necessary for fulfillment of consortium programs and services to member districts. The district of record shall provide a monthly financial report to member districts and shall separately report on the financial status of the consortium in the annual financial report of the district to the Commissioner. The district of record shall be entitled to reasonable compensation for accounting and other services performed. It may also be compensated for use of physical facilities.

(c) Consortium board of directors. The superintendent of schools of cooperating districts or his/her designee shall constitute the consortium board of directors. The consortium board of directors shall determine the products and services to be provided by the consortium; however, in all contractual matters the school board of the district of record must act on proposed actions of the consortium. The board of directors shall establish a uniform method for participating districts to evaluate services.

(d) Settlement of disagreements. In the event a controversy arises and agreement cannot be reached after the consortium is formed and operating, the matter may be referred jointly by the cooperating school boards or by any individual board to the Commissioner. The Commissioner’s decision shall be binding on all school boards.

(e) Accounting. All financial transactions of the consortium are to be accounted for separately by the district of record in the appropriate proprietary fund as determined by generally accepted accounting principles. Income to the fund will be composed of payments from cooperating districts, including the district of record, receipts from goods and services provided non-member districts, and the receipts from grants to the consortium. Cooperating districts, including the district of record, may make payments to the consortium in advance of delivery of services and products. Disbursements from the fund shall include payments for products and services, including agreed-upon services furnished by the district of record, and any refunds due cooperating districts. All transactions with the district of record shall be recorded in the fund. Accounts used shall be those prescribed in the publication entitled, Financial and Program Cost Accounting and Reporting for Florida Schools, as incorporated by reference in Rule 6A-1.001, F.A.C.

(f) Petty cash. The school board of the district of record may authorize a petty cash fund for the consortium in an amount commensurate with the established need, but not to exceed three hundred dollars ($300).

(g) Employment of personnel. The consortium board of directors shall recommend establishment of positions and individuals for appointment to the district of record. Formal recommendation and approval of personnel shall be accomplished in accordance with statutory authority. Personnel shall be employed under the salary schedule and personnel policies of the district of record and shall be deemed to be public employees of the district of record. Where personnel are employed in an instructional capacity, contract status shall be consistent with provisions of Section 1012.33, F.S.

(h) Physical property. Ownership and control of any physical property shall be vested in the district of record. The district of record may acquire such property and charge the consortium a negotiated use charge. The consortium may advance all or part of the acquisition price to the district of record.

(i) Allocation of common costs. Common costs are defined as those costs which are applicable to all consortium activities or to all users of certain products or services. The consortium board of directors shall recommend to the district of record equitable bases for the allocation of common costs. These bases shall be used in billing cooperative districts for common costs or in establishing pricing for products and services. The consortium board of directors shall recommend pricing adjustments as necessary to achieve break-even status.

History

• Rulemaking Authority 1001.02(1), 1001.42(14) FS. Law Implemented 1001.42(14) FS. History–New 2-20-64, Amended 9-17-72, Repromulgated 12-5-74, Amended 6-9-81, 9-27-84, Formerly 6A-1.99, Amended 5-26-02, 4-21-09.

Fla. Admin. Code R. 6A-1.0991 Fees for Enrichment Classes

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 228.061(2) FS. History–New 7-20-73, Repromulgated 12-5-74, Formerly 6A-1.991, Repealed 8-15-94.

Fla. Admin. Code R. 6A-1.09911 Basic Skills and Functional Literacy Compensatory Education Program

History

• Rulemaking Authority 229.053(1), 236.088(5)(b) FS. Law Implemented 236.088 FS. History–New 3-1-78, Amended 5-24-81, 6-18-85, Formerly 6A-1.9911, Amended 7-9-86, Repealed 10-18-94.

Fla. Admin. Code R. 6A-1.0992 Florida Finance Program Compensatory Education Funds

History

• Rulemaking Authority 229.053(1), 236.081 FS. Law Implemented 236.081 FS. History–New 11-17-73, Formerly 6A-1.992, Repealed 10-31-74.

Fla. Admin. Code R. 6A-1.0993 Energy Conservation Program

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.053(1) FS. History–New 1-19-74, Repromulgated 12-5-74, Formerly 6A-1.993, Repealed 9-6-78.

Fla. Admin. Code R. 6A-1.0994 Educational Alternative Programs

History

• Rulemaking Authority 229.053(1), 230.23(4)(n), 230.2315(4), 402.22(7) FS. Law Implemented 230.23(4)(n), 230.2315, 402.22 FS. History–New 10-17-78, Amended 4-21-80, 3-10-85, 4-30-85, Formerly 6A-1.994, Repealed 10-30-90.

Fla. Admin. Code R. 6A-1.09941 State Uniform Transfer of Students in Middle Grades and High School

The purpose of this rule is to establish uniform procedures relating to the acceptance of transfer work and credit for students entering Florida’s public schools.

(1) The procedures relating to the acceptance of transfer work and courses for students in middle grades 6, 7, and 8 from a private school, a home education program, a personalized education program, out of state or out of country shall be as follows:

(a) Grades earned and offered for acceptance shall be based on official transcripts and shall be accepted at face value subject to validation if required by the receiving school’s accreditation. If validation of the official transcript is deemed necessary, or if the student does not possess an official transcript or is a home education or personalized education program student, successful completion of courses shall be validated through performance during the first grading period as outlined in paragraph (1)(b) of this rule.

(b) Validation of courses shall be based on performance in classes at the receiving school. A student transferring into a school shall be placed at the appropriate sequential course level and should be passing each required course at the end of the first grading period. Students who do not meet this requirement shall have courses validated using the Alternative Validation Procedure, as outlined in paragraph (1)(c) of this rule.

(c) Alternative Validation Procedure. If validation based on performance as described above is not satisfactory, then any one of the following alternatives identified in the district student progression plan shall be used for validation purposes as determined by the teacher, principal and parent:

1. Portfolio evaluation by the superintendent or designee,

2. Demonstrated performance in courses taken at other public or private accredited schools,

3. Demonstrated proficiencies on nationally normed standardized subject area assessments,

4. Demonstrated proficiencies on a statewide, standardized assessment, or

5. Written review of the criteria utilized for a given subject provided by the former school.

(2) The procedures relating to the acceptance of transfer work and credits for students in high school from a private school, a home education program, a personalized education program, out of state or out of country shall be as follows:

(a) Credits and grades earned and offered for acceptance shall be based on official transcripts and shall be accepted at face value subject to validation if required by the receiving school’s accreditation. If validation of the official transcript is deemed necessary, or if the student does not possess an official transcript or is a home education or personalized education program student, credits shall be validated through performance during the first grading period as outlined in paragraph (2)(b) of this rule. Assessment requirements for transfer students under Section 1003.4282, F.S., must be satisfied, except as provided in Section 1003.433, F.S.

(b) Validation of credits shall be based on performance in classes at the receiving school. A student transferring into a school shall be placed at the appropriate sequential course level and should have a minimum grade point average of 2.0 at the end of the first grading period. Students who do not meet this requirement shall have credits validated using the Alternative Validation Procedure, as outlined in paragraph (2)(c) of this rule.

(c) Alternative Validation Procedure. If validation based on performance as described above is not satisfactory, then any one of the following alternatives shall be used for validation purposes as determined by the teacher, principal and parent:

1. Portfolio evaluation by the superintendent or designee,

2. Written recommendation by a Florida certified teacher selected by the parent and approved by the principal,

3. Satisfactory performance in courses taken through dual enrollment or at other public or private accredited schools,

4. Satisfactory performance on nationally normed standardized subject area assessments,

5. Satisfactory performance on a statewide, standardized assessment, or

6. Written review of the criteria utilized for a given subject provided by the former school.

Students must be provided at least ninety (90) days from date of transfer to prepare for assessments outlined in subparagraphs (1)(c)3., and 4. and (2)(c)4. and 5. of this rule if required.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.25, 1003.4156(2), 1003.4282(11) FS. Law Implemented 1003.25, 1003.4156, 1003.4282 FS. History–New 8-28-00, Formerly 6-1.099, Amended 9-22-03, 4-30-12, 3-25-14, 8-20-17, 8-27-24.

Fla. Admin. Code R. 6A-1.09942 State Uniform Transfer of Students in the Middle Grades

History

• Rulemaking Authority 1003.4156(4), 1003.25(3) FS. Law Implemented 1003.25(3) FS. History–New 10-20-08, Repealed 8-20-17.

Fla. Admin. Code R. 6A-1.0995 Form of High School Diplomas

Pursuant to Sections 1003.4282 and 1003.435, F.S., the form of the Standard Diploma and the State of Florida High School Performance-Based Diploma shall contain the wording and be in the form prescribed herein.

(1) Standard Diploma:

Name of School

City, State

Florida

Seal

This certifies that

(Name of Student)

having satisfactorily completed all requirements of law and standards for high school graduation as prescribed by the State Board of Education and the District School Board is hereby awarded this

DIPLOMA

by order of the ________ County District School

Board

(Date of Award)

---

---

Superintendent

Chairman,

of Schools

School Board

---

Principal

(2) State of Florida High School Performance-Based Diploma:

Name of School

City, State

Florida Seal

This certifies that

(Name of Student)

having satisfactorily completed the requirements for the State of Florida High School Performance-Based Diploma as prescribed by the State Board of Education, and the District School Board is hereby awarded this

DIPLOMA

under the authority of the Florida Department of

Education and by order of the ________County District

School Board

(Date of Award)

---

Superintendent of Schools Chairman, School Board

---

Principal

(3) Districts must determine student eligibility for designations of each of the following accomplishments and include on standard diplomas as applicable:

(a) Completion of the Scholar designation requirements in accordance with Section 1003.4285, F.S.

(b) Completion of the Industry Scholar designation requirements in accordance with Section 1003.4285, F.S.

(4) Designations may be in the form of a seal, sticker, stamp, or text.

(5) Florida Seal of Biliteracy. A school district must affix the Florida Seal of Biliteracy to a student’s standard diploma when a student is awarded the Gold Seal of Biliteracy, the Silver Seal of Biliteracy or both, pursuant to Section 1003.432, F.S., and Rule 6A-1.09951, F.A.C.

(a) The Commissioner of Education shall electronically provide a digital format of the Florida Seal of Biliteracy Program seal to each school district and be in the form prescribed as follows:

1. Gold Seal of Biliteracy

2. Silver Seal of Biliteracy

(b) The insignia may be printed digitally on a student’s standard diploma using gold ink for the Gold Seal of Biliteracy and silver ink for the Silver Seal of Biliteracy.

(c) The insignia may be affixed as a seal using a Gold Seal of Biliteracy or Silver Seal of Biliteracy.

(d) A school district may not charge a fee for the Gold Seal of Biliteracy or the Silver Seal of Biliteracy.

(6) Florida Seal of Fine Arts. A school district must affix the Florida Seal of Fine Arts to a student’s standard diploma when a student is awarded the Florida Seal of Fine Arts, pursuant to Section 1003.4321, F.S., and Rule 6A-1.09952, F.A.C.

(a) The Commissioner shall electronically provide a digital format of the Florida Seal of Fine Arts Program seal to each school district and be in the form prescribed as follows:

(b) The insignia may be affixed as a seal or printed digitally on a student’s standard diploma.

(c) A school district may not charge a fee for the Florida Seal of Fine Arts.

(7) Diploma Production. Each district school board shall produce or have produced the diplomas in the quantity and as needed to be awarded to the students in the public schools of that district. Any person producing copies shall, pursuant to Section 15.03(3), F.S., and Rule 1-2.0021, F.A.C., secure approval from the Department of State to print the State Seal on such copies.

(8) The Commissioner is authorized, upon written request from any district school board, to approve modification in the form or format of the diplomas prescribed herein; however, such modification shall not substantively alter the content or the wording of the diplomas.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.4282, 1003.432(8), 1003.4321(7), 1003.435(1), 1003.53(7) FS. Law Implemented 1001.02, 1003.4282, 1003.4285, 1003.432, 1003.4321, 1003.435, 1003.53 FS. History–New 11-14-78, Amended 6-9-81, Formerly 6A-1.995, Amended 4-3-90, 1-5-09, 7-19-10, 3-25-14, 12-23-14, 3-22-17, 10-29-24, 9-23-25.

Fla. Admin. Code R. 6A-1.09951 Requirements for the Florida Seal of Biliteracy Program

(1) The Florida Seal of Biliteracy Program is established to recognize a high school graduate who has attained a high level of competency in listening, speaking, reading, and writing in one or more foreign languages in addition to English by the award of a silver or gold seal on a standard high school diploma.

(2) Definitions.

(a) “Modes of communication” means interpersonal communication involving conversational speaking and listening or signed exchanges; interpretive reading, listening, or viewing; and presentational communication shown by creating messages for a reader, listener, or viewer through writing, speaking, or signing.

(b) “Foreign language” means a language other than English and includes American Sign Language, classical languages, and indigenous languages.

(3) Criteria for Eligibility. Beginning with the 2016-2017 school year, the Gold Seal of Biliteracy or the Silver Seal of Biliteracy shall be awarded to a high school student who has earned a standard high school diploma and who has satisfied one of the following criteria for eligibility:

(a) Silver Seal of Biliteracy.

1. Has earned four (4) foreign language course credits in the same foreign language with a cumulative 3.0 grade point average or higher on a 4.0 scale;

2. Has earned a score or performance level on any of the examinations found on the chart shown below;

Examination

Score or Performance Level

SAT Subject Test

600 or higher

College Level Examination Program (CLEP) Level 1 Language Exam

Spanish 50-62

French 50-58

German 50-59

International Baccalaureate Language Exam

4 or higher

Advanced Placement Language Exam

3 or higher

Advanced International Certificate of Education Subject Test

A, B, C, D, or E

American Sign Language Proficiency Interview (ASLPI)

3 or higher

Sign Language Proficiency Interview: American Sign Language (SLPI:ASL)

Intermediate Plus or higher

American Council on the Teaching of Foreign Languages (ACTFL) Assessment of Performance Toward Proficiency in Language (AAPPL) Interpersonal Listening, Interpersonal Speaking, Interpretive Listening, and Presentational Writing

Intermediate Mid or higher

ACTFL Oral Proficiency Interview (OPI)

Intermediate Mid or higher

Standards-based Measurement of Proficiency for Grade 7-Adult (STAMP4S)

Intermediate Mid or higher

ACTFL Latin Interpretive Reading Assessment (ALIRA)

I-2 or higher

3. For languages which are not tested on the nationally recognized examinations listed in subparagraph 2., demonstrated language proficiency through maintenance of a portfolio of language performance at the Intermediate Mid level or higher based on the ACTFL Proficiency Guidelines 2012 in the modes of communication appropriate for that language.

(b) Gold Seal of Biliteracy.

1. Has earned four (4) foreign language course credits in the same foreign language with a cumulative 3.0 grade point average or higher on a 4.0 scale and Level 4 or higher on the Grade 10 English Language Arts (ELA) Florida Standards Assessment (FSA);

2. Has earned a score or performance level on any of the examinations found in the chart below;

Examination

Score or Performance Level

SAT Subject Test

700 or higher

College Level Examination Program (CLEP) Level 2 Language Exam

Spanish 63 or higher

French 59 or higher

German 60 or higher

International Baccalaureate Language Exam

5 or higher

Advanced Placement Language Exam

4 or higher

Advanced International Certificate of Education Subject Test

A, B, C, D

American Sign Language Proficiency Interview (ASLPI)

4 or higher

Sign Language Proficiency Interview: American Sign Language (SLPI:ASL)

Advanced Plus or Higher

American Council on the Teaching of Foreign Languages (ACTFL) Assessment of Performance Toward Proficiency in Language (AAPPL) Interpersonal Listening, Interpersonal Speaking, Interpretive Listening, and Presentational Writing

Advanced Low or Higher

ACTFL Oral Proficiency Interview (OPI)

Advanced Low or Higher

Standards-based Measurement of Proficiency for Grade 7-Adult (STAMP4S)

Advanced Low or Higher

ACTFL Latin Interpretive Reading Assessment (ALIRA)

I-5 or higher

3. For languages which are not tested on the nationally recognized examinations listed in subparagraph 3., demonstrated language proficiency through maintenance of a portfolio of language performance, at the Advanced Low level or higher based on the ACTFL Proficiency Guidelines 2012 in the modes of communication appropriate for that language.

(4) Criteria for the award of credit. A high school student who did not enroll in, or complete, foreign language courses, shall be awarded four (4) foreign language high school course credits, upon attaining at least the minimum score or performance level set forth in subparagraph (3)(a)2. for the Silver Seal of Biliteracy.

(5) Procedures for the Seal.

(a) Examination scores received directly from the testing entity, rather than a parent, guardian, or student, shall be relied upon to determine whether the examination score or performance level for the seal has been met.

(b) Where a portfolio is relied upon to determine whether to award a Seal of Biliteracy, school district appointed personnel with language performance at the distinguished level on the ACTFL Proficiency Guidelines 2012 in the same language as the student portfolio shall assess the portfolio.

(6) The ACTFL Proficiency Guidelines 2012 are hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07933) and may be obtained from the Bureau of Student Achievement through Language Acquisition, Department of Education, 325 West Gaines St., Suite 444, Tallahassee, Florida 32399.

(7) The Commissioner of Education shall provide to each school district an appropriate insignia to be affixed to the student’s diploma indicating that the student has been awarded the Gold Seal of Biliteracy or the Silver Seal of Biliteracy in accordance with Rule 6A-1.0995, F.A.C.

History

• Rulemaking Authority 1003.432 FS. Law Implemented 1003.432 FS. History–New 3-22-17.

Fla. Admin. Code R. 6A-1.09952 Requirements for the Florida Seal of Fine Arts

(1) Purpose. The Florida Seal of Fine Arts Program was established to recognize high school graduates who have met exemplary benchmarks in fine arts coursework by the award of a seal on a standard high school diploma. The purpose of the Florida Seal of Fine Arts Program is to encourage students to develop an exemplary level of proficiency in the performing or visual arts.

(2) Definitions.

(a) “Fine arts” means dance, music, theatre and visual arts.

(b) “Juried event” means a district or statewide organization’s event where a student or group of students are judged by one or more judges on the selected fine arts discipline of their choosing and receive a scored rating and written or oral feedback.

(c) “Original work of art” means a work of art that is created by the student.

(d) “Work of art” means a musical or theatrical composition, visual artwork, or choreographed routine or performance.

(3) Criteria for Eligibility. Beginning with the 2024-25 school year, the Florida Seal of Fine Arts shall be awarded to a high school student who demonstrates the following requirements have been met:

(a) The student earned a standard high school diploma;

(b) The student completed at least three (3) year-long courses in dance, music, theatre, or visual arts with a grade of “A” or higher in each course, or earned three (3) sequential course credits in such courses with a grade of “A” or higher in each course pursuant to Rule 6A-1.09441, F.A.C.; and

(c) The student completed at least two (2) of the following requirements:

1. Completed a fine arts International Baccalaureate, Advanced International Certificate of Education, advanced placement, dual enrollment, or honors course with a grade of “B” or higher;

2. Participated in a district or statewide organization’s juried event as a selected student participant for two (2) or more years;

3. Recorded at least twenty-five (25) volunteer hours of arts-related community service in his or her community and presents a comprehensive presentation on his or her experiences pursuant to district procedures;

4. Submits a portfolio that demonstrates the student is an exemplary practitioner of fine arts, as described in subsection (4); or

5. Received district, state, or national recognition for the creation and submission of an original work of art.

(4) Portfolio Option. Portfolios described in paragraph (2)(c) of this rule must meet the following requirements:

(a) Portfolios must include at least one (1) and not more than eight (8) separate works of art within one fine arts discipline. Students must submit photographs or prints showing their original works of visual art, and must submit video recordings for portfolios showing dance, music, or theatre performances. Dance, music or theatre portfolios may include original works created by the student or the performance of works created by others. Districts are authorized to develop procedures specifying minimum and maximum length for recorded submissions.

(b) School district appointed personnel must review the portfolio using the “Florida Seal of Fine Arts Portfolio Rubric” (Form FA-2) to determine if the student is an exemplary practitioner of fine arts. A score of eighteen (18) or higher qualifies as exemplary. Portfolio reviewers must hold a valid, active Florida Professional Educator Certificate pursuant to Rule 6A-4.004, F.A.C., in the student’s specific discipline (Art, Dance, Drama or Music), unless the district does not have anyone with that certification in the district or that person is unavailable.

(5) Insignia. The Commissioner of Education must provide to each school district an appropriate insignia to be affixed to the student’s diploma indicating that the student has been awarded the Florida Seal of Fine Arts in accordance with this rule. The district must also record on a student’s transcript that he or she earned the Florida Seal of Fine Arts.

(6) School District Reporting. Each school district must maintain records showing which students earned the Florida Seal of Fine Arts and must report this information to the Department in accordance with Rule 6A-1.0014, F.A.C., Comprehensive Management Information System.

(7) Documents Incorporated by Reference. The following documents are hereby incorporated by reference and made a part of this rule. Copies may be obtained at https://www.fldoe.org/academics/standards/subject-areas/fine-arts/. With the exception of the “Florida Seal of Fine Arts Portfolio Rubric” (Form FA-2), the items listed below are provided to assist school districts in tracking completion of the eligibility requirements described in subsection (3).

(a) The Florida Seal of Fine Arts Eligibility Form, Form FA-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-18272), effective September 2025.

(b) The Florida Seal of Fine Arts Portfolio Rubric, Form FA-2 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16939), effective September 2024.

(c) The Florida Seal of Fine Arts Statement, Form FA-3 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16940), effective September 2024.

(d) The Florida Seal of Fine Arts Volunteer Hour Tracker, Form FA-4 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16941), effective September 2024.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.4321(7) FS. Law Implemented 1003.4321 FS. History–New 9-24-24, Amended 9-23-25.

Fla. Admin. Code R. 6A-1.09953 Statewide Uniform Weighted Grading System in Honors and Articulated Accelerated Courses

(1) Purpose. The purpose of this rule is to establish a consistent statewide weighted grading system for honors courses and articulated acceleration mechanisms identified in section (s.) 1007.27, F.S., ensuring uniform calculation of grade point averages across school districts in alignment with s. 1003.437, F.S.

(2) Definitions.

(a) For the purpose of this rule, “honors course” means a course designated in the Florida Course Code Directory and Instructional Personnel Assignments database as an honors level course and is aligned to Florida’s state academic standards.

(b) “Articulated acceleration mechanisms” has the same meaning as provided in s. 1007.27, F.S.

(c) For the purposes of this rule, “completion” means earning a passing grade, when credit is awarded pursuant to s. 1003.436, Florida Statutes, in an honors or accelerated course that awards high school credit.

(3) Implementation and Requirements. Effective beginning with students who enter grade 9 in the 2026-2027 school year and thereafter, in accordance with s. 1003.437, F.S., and high school coursework taken by middle grades students in the 2026-2027 school year and thereafter, the following applies:

(a) A school district grade point average policy must provide an additional weight for certain high school credit courses as follows:

1. An additional weight of 0.5 must be applied, upon student completion, to each honors course and to each secondary education course that leads to an industry certification as defined in s. 1003.4203, F.S.

2. An additional weight of 1.0 must be applied to each accelerated course as defined in s. 1007.27, F.S., including dual enrollment, which includes career dual enrollment and early admission, as provided for in s. 1007.271, F.S., the College Board Advanced Placement Program, the International Baccalaureate Program, the Advanced International Certificate of Education Program, upon completion by the student, and the Florida Advanced Courses and Tests (FACT);.

(b) Students who earned high school credit while in middle school prior to the 2026-2027 school year will have their weighted credit re-calculated to be in alignment with this rule upon entering high school in the 9th grade.

(c) School districts must calculate weighted grades and grade point averages using the following statewide 5.0 weighted grading scale:

Unweighted Grade

Standard Course Value

Honors/Secondary Industry Certification Course Weight

Accelerated Course Weight

A

4.0

4.5

5.0

B

3.0

3.5

4.0

C

2.0

2.5

3.0

D

1.0

1.5

2.0

F

0.0

0.0

0.0

(d) Students who entered grade 9 in the cohort year of 2025-2026 and prior will continue to be subject to the grade point average policy applicable to their cohort through graduation.

(e) School districts must establish procedures for applying the statewide weighted grading system to transfer students, including the evaluation and equivalency of out of country, out of state, private school, personalized education program, or home education program coursework.

(f) School districts may not apply additional weighting beyond that specified in this rule for the types of courses identified in this section.

(g) Weighted grades and grade point averages shall be clearly reflected on student transcripts and academic records.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.437 FS. Law Implemented 1003.437 FS. History – New 9-2-26.

Fla. Admin. Code R. 6A-1.09961 Graduation Requirements for Certain Students with Disabilities

History

• Rulemaking Authority 1001.03(1), 1003.438 FS. Law Implemented 1003.02(1)(a), 1003.438 FS. History–New 10-31-88, Amended 6-14-94, Formerly 6A-1.0996, Amended 10-11-99, Repromulgated 1-25-00, Formerly 6-1.0996, Repealed 12-22-20.

Fla. Admin. Code R. 6A-1.09963 High School Graduation Requirements for Students with Disabilities

(1) General requirements. Students with disabilities may attain a standard diploma and earn standard diploma designations by meeting the requirements in Sections 1003.4282 or 1002.3105(5) and 1003.4285, Florida Statutes (F.S.). Nothing contained in this rule shall be construed to limit or restrict the right of a student with a disability solely to the options described in this rule.

(2) Definitions.

(a) Access Points – Alternate Academic Achievement Standards. Access Points – Alternate Academic Achievement Standards are modifications as defined in Rule 6A-6.03411, Florida Administrative Code (F.A.C.), and are the alternate academic achievement standards for Florida. Access points reflect the key concepts of general education standards. Access Points – Alternate Academic Achievement Standards are for students with the most significant cognitive disabilities, as defined in Rule 6A-1.0943, F.A.C., and are designed to contribute to a fully aligned system of content, instruction and assessment.

(b) Access courses. Access courses are approved by the State Board of Education and are described in the Course Code Directory and Instructional Personnel Assignments, in accordance with Rule 6A-1.09441, F.A.C. Access courses are based on the Access Points – Alternate Academic Achievement Standards.

(c) Florida Alternate Assessment. In accordance with Section 1008.22(3)(d), F.S., an alternate assessment is a statewide, standardized assessment designed for students with the most significant cognitive disabilities that meet the criteria in Rule 6A-1.0943, F.A.C., and is fully aligned with Access Points – Alternate Academic Achievement Standards.

(d) Employment transition plan. A plan that meets the requirements found in Section 1003.4282(8)(b)2.d., F.S. This plan is in the student’s individual educational plan (IEP).

(e) Eligible career and technical education (CTE) course. Eligible CTE courses include any exceptional student education (ESE) or general education CTE course that contains content related to the course for which it is substituting. Modifications to the expectations or outcomes of the curriculum, are allowable and may be necessary for a student who takes access courses and participates in the alternate assessment. Modifications may include modified course requirements. Modifications to curriculum outcomes should be considered only after all appropriate accommodations are in place. Modifications must be developed for students in conjunction with their IEP and must be documented on the IEP. Course outcomes may be modified through the IEP process for secondary students with disabilities who are enrolled in a post-secondary program if the student is earning secondary (high school) credit for the program.

(f) General education standards means the standards incorporated in Rule 6A-1.09401, F.A.C.

(g) “Modifications” shall have the same meaning as defined in paragraph 6A-6.03411(1)(z), F.A.C.

(3) Requirements for a standard diploma for students with disabilities for whom the IEP team has determined that participation in the statewide, standardized alternate assessment is the most appropriate measure of the student’s skills, in accordance with subsection 6A-1.0943(5), F.A.C., and instruction in the Access Points – Alternate Academic Achievement Standards is the most appropriate means of providing the student access to the general education curriculum. Students must meet the graduation requirements specified in Section 1003.4282 or 1002.3105(5), F.S., through the access course specified for each required core course or through core academic courses aligned with the general education curriculum standards.

(a) Eligible CTE courses, as defined in paragraph (2)(e) of this rule, may substitute for Access English IV; one (1) mathematics credit, with the exception of Access Algebra 1A, Access Algebra 1B, Access Algebra I and Access Geometry; one (1) science credit, with the exception of Access Biology; and one (1) social studies credit with the exception of Access United States History, Access World History, Access United States Government and Access Economics. Eligible courses are described in the Course Code Directory and Instructional Personnel Assignments, in accordance with Rule 6A-1.09441, F.A.C.

(b) Participation in the statewide, standardized alternate assessment in Access English Language Arts (ELA) I, Access ELA II, Access Algebra I, Access Geometry, Access Biology I and Access United States History.

(c) A score of three (3) on the statewide, standardized alternate assessment in Access ELA II, Access Algebra I or Access Geometry must be attained, unless assessment results are waived in accordance with Section 1008.22(3)(d), F.S. For a waiver of the results of the statewide, standardized assessment requirements by the IEP team, pursuant to Section 1008.22(3)(d), F.S., consent must be provided by the parents and is subject to verification for appropriateness by an independent reviewer selected by the parents as provided for in Section 1003.572, F.S.

(d) For those students whose performance on standardized assessments are waived by the IEP team as approved by the parent, the development of a graduation portfolio of quantifiable evidence of achievement is required. The portfolio must include a listing of courses the student has taken, grades received, student work samples and other materials that demonstrate growth, improvement, and mastery of required course standards. Multi-media portfolios that contain electronic evidence of progress, including videos and audio recordings, are permissible. Community based instruction, modifications, work experience, internships, community service, and postsecondary credit, if any, must be documented in the portfolio.

(4) Requirements for a standard diploma for students with disabilities for whom the IEP team has determined that mastery of both academic and employment competencies is the most appropriate way for the student to demonstrate his or her skills. A student must meet all of the graduation requirements specified in Section 1003.4282 or 1002.3105(5), F.S. Eligible courses are described in the Course Code Directory and Instructional Personnel Assignments, in accordance with Rule 6A-1.09441, F.A.C.

(a) Eligible CTE courses, as defined in paragraph (2)(e) of this rule, may substitute for English IV; one (1) mathematics credit, with the exception of Algebra and Geometry; one (1) science credit, with the exception of Biology; and one (1) social studies credit with the exception of United States History, World History, United States Government and Economics. Eligible courses are described in the Course Code Directory and Instructional Personnel Assignments, in accordance with Rule 6A-1.09441, F.A.C.

(b) Students must earn a minimum of one-half (.5) credit in a course that includes employment. Such employment must be at a minimum wage or above in compliance with the requirements of the Federal Fair Labor Standards Act, for the number of hours a week specified in the student’s completed and signed employment transition plan, as specified in Section 1003.4282(8)(b)2.d., F.S., for the equivalent of at least one (1) semester. Additional credits in employment-based courses are permitted as electives.

(c) Documented achievement of all components defined in Section 1003.4282(8)(b)2.d., F.S., on the student’s employment transition plan.

(5) A waiver of the results of the statewide, standardized assessment requirements by the IEP team, pursuant to Section 1008.22(3)(d), F.S., must be approved by the parents and is subject to verification for appropriateness by an independent reviewer selected by the parents as provided for in Section 1003.572, F.S.

(6) Deferral of receipt of a standard diploma. A student with a disability who meets the standard high school diploma requirements may defer the receipt of the diploma and continue to receive services if the student meets the requirements found at Section 1003.4282(8)(c), F.S.

(a) The decision to accept or defer the standard high school diploma must be made prior to the beginning of the school year in which the student is expected to meet all requirements for a standard high school diploma. A signed statement by the parent, guardian or student, if the student has reached the age of majority and rights have transferred to the student in accordance with subsection 6A-6.03311(8), F.A.C., that he or she understands the process for deferment and identifies if the student will defer the receipt of his or her standard high school diploma, must be included in the IEP.

(b) The IEP team must review the benefits of deferring the standard high school diploma, including continuation of educational and related services, and describe to the parent and the student all services and program options available to students who defer. This discussion must be included in the IEP.

(c) School districts must inform the parent and the student the year in which the student is expected to meet graduation requirements, that failure to defer receipt of a standard high school diploma after all requirements are met releases the school district from the obligation to provide a free appropriate public education. This communication must state that the deadline for acceptance or deferral of the diploma is May 15 of the year in which the student is expected to meet graduation requirements, and that failure to attend a graduation ceremony does not constitute a deferral.

(d) The school district must ensure that the names of students deferring their diploma be submitted to appropriate district staff for entry in the district’s management information system. Improper coding in the district database will not constitute failure to defer.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.4282, 1008.22(15) FS. Law Implemented 1003.4282, 1003.5716, 1008.22 FS. History‒New 12-23-14, Amended 7-14-21, 3-15-22, 9-23-25.

Fla. Admin. Code R. 6A-1.0997 Settlement of Area and Attendance Disputes Between County School Boards

(1) Notice and Procedures. When school boards of adjoining districts cannot come to a cooperative agreement to establish school attendance areas or other matters as described in Section 1001.42(4)(d), F.S., then one (1) or both of the districts may submit the matter to the Department of Education, by letter to the Commissioner of Education, for resolution pursuant to Section 1001.42(4)(d)3., F.S., under the procedures of Section 120.57, F.S.

(2) Criteria. In formulating decisions to effect attendance areas and attendance agreements between or among school districts, the Commissioner shall consider the following criteria before issuing any binding conditions of agreement:

(a) Compliance with applicable law and State Board of Education rules;

(b) Health, safety and welfare of affected students;

(c) Educational benefits of the decisions as related to the affected students;

(d) Impact upon affected parents/guardians;

(e) Impact on affected districts’ revenues and educational programs; and,

(f) Impact on state revenues.

Cf. Minimum Student Performance Standards for Florida Schools 1994-95 through 2002-2003, Beginning Grades 3, 5, 8, and 11, Reading, Writing, and Mathematics; Student Performance Standards for Florida Schools 1996-97 through 2001-2002, Exceptional Students, Reading, writing, Language, Mathematics and Social and Personal; Sunshine State Standards for Special Diploma, 1999.

History

• Rulemaking Authority 1001.02(1), 1001.42(4)(d)3. FS. Law Implemented 1001.42(4)(d) FS. History–New 4-3-90.

Fla. Admin. Code R. 6A-1.0998 Standards for Indicating Progress Toward the State Education Goals

History

• Rulemaking Authority 229.592(5) FS. Law Implemented 229.591(3), 229.592, 229.594 FS. History–New 9-27-93, Repealed 4-30-12.

Fla. Admin. Code R. 6A-1.09981 School and District Accountability

(1) Purpose. The purpose of this rule is to provide the definitions and policies for school and district grades accountability systems.

(2) Definitions. For the purpose of this rule, the following definitions shall apply:

(a) “Full-year-enrolled student” means a student who is present for both the second and third period full-time equivalent (FTE) student membership surveys as specified in Rule 6A-1.0451, F.A.C., and who is still enrolled at the time of statewide standardized testing.

(b) “Learning gains” means that the student demonstrates growth from one (1) year to the next year sufficient to meet the criteria below. Learning gains may be demonstrated in English Language Arts and Mathematics.

1. Students with two (2) consecutive years of valid scores on the end-of-year comprehensive progress monitoring assessments or the mathematics end-of-course assessments may demonstrate learning gains in four (4) different ways.

a. Students who increase at least one (1) achievement level on the end-of-year comprehensive progress monitoring assessments or the mathematics end-of-course assessments in the same subject area.

b. Students who scored below Achievement Level 3 on the end-of-year comprehensive progress monitoring assessments or the mathematics end-of-course assessments in the prior year and who advance from one subcategory within Achievement Level 1 or 2 in the prior year to a higher subcategory in the current year in the same subject area. Achievement Level 1 is comprised of three (3) equal subcategories, and Achievement Level 2 is comprised of two (2) equal subcategories. Subcategories are determined by dividing the scale of Achievement Level 1 into three (3) equal parts and dividing the scale of Achievement Level 2 into two (2) equal parts. If the scale range cannot be evenly divided into three (3) equal parts for Achievement Level 1 or into two (2) equal parts for Achievement Level 2, no subcategory may be more than one (1) scale score point larger than the other subcategories; the highest subcategories shall be the smallest.

c. Students whose score remained at Achievement Level 3 or 4 on the end-of-year comprehensive progress monitoring assessments or the mathematics end-of-course assessments in the current year and whose scale score is greater in the current year than the prior year in the same subject area. This does not apply to students who scored in a different achievement level in the prior year in the same subject area.

d. Students who scored at Achievement Level 5 in the prior year on the end-of-year comprehensive progress monitoring assessments or the mathematics end-of-course assessments and who score in the same Achievement Level in the current year in the same subject area.

2. Beginning with the 2024-25 school year, students with two (2) consecutive years of valid scores on the statewide, standardized alternate assessment may demonstrate learning gains in four (4) different ways.

a. Students who increase at least one (1) achievement level on the statewide, standardized alternate assessment in the same subject area.

b. Students who scored below Achievement Level 3 on the statewide, standardized alternate assessment in the prior year and who advance from one subcategory within Achievement Level 1 or 2 in the prior year to a higher subcategory in the current year in the same subject area. Achievement Level 1 is comprised of three (3) equal subcategories, and Achievement Level 2 is comprised of two (2) equal subcategories. Subcategories are determined by dividing the scale of Achievement Level 1 into three (3) equal parts and dividing the scale of Achievement Level 2 into two (2) equal parts. If the scale range cannot be evenly divided into three (3) equal parts for Achievement Level 1 or into two (2) equal parts for Achievement Level 2, no subcategory may be more than one (1) scale score point larger than the other subcategories; the highest subcategories shall be the smallest.

c. Students who scored at Achievement Level 3 on the statewide, standardized alternate assessment in the prior year and who maintain the same Achievement Level 3 subcategory or move from the lower subcategory to the higher subcategory. Subcategories are determined by dividing the scale of Achievement Level 3 into two (2) equal parts. If the scale range cannot be evenly divided into two (2) equal parts for Achievement Level 3, then the highest subcategory shall be the smallest.

d. Students who scored at Achievement Level 4 in the prior year on the statewide, standardized alternate assessment and who score in the same Achievement Level in the current year in the same subject area.

(c) “Passing” means that the student must attain a statewide standardized assessment score of Achievement Level 3 or higher.

(d) “School grade component” means the areas listed in paragraphs (4)(a), (4)(b), (4)(c), and (4)(d) of this rule.

(e) “School grades school year” means the fall, winter, spring, and the preceding summer for the purposes of the school grades calculation.

(f) “Statewide standardized assessments” means the assessments required in Section 1008.22(3), F.S., including the comprehensive statewide assessments, the end-of-course assessments, and the alternate assessments.

(g) “Students in the lowest twenty-five (25) percent” means current year full-year-enrolled students whose prior year assessment scores are in the lowest performing twenty-five (25) percent on the statewide standardized assessments in the subject areas of English Language Arts or Mathematics for each school.

(h) “Subject areas” means the four (4) areas of English Language Arts (English Language Arts in grades 3 through 10), Mathematics (Mathematics in grades 3 through 8, Algebra 1, and Geometry), Science (Science in grades 5 and 8, and Biology 1), and Social Studies (Civics and U.S. History).

(3) School Accountability Framework.

(a) Each school shall be assigned a letter grade of A, B, C, D, or F annually.

(b) A school shall receive a grade based solely on the components for which it has sufficient data. Sufficient data exists when at least ten (10) students are eligible for inclusion in the calculation of the component. If a school has less than ten (10) eligible students with data for a particular component, that component shall not be calculated for the school.

(c) Student performance data for alternative schools that choose to receive a school improvement rating and are not charter schools shall be included in the school grade of the student’s home-zoned school. This data is limited to the components listed in paragraph (4)(a) of this rule.

(d) Student performance data for hospital and homebound students shall be included in the school grade of the student’s home-zoned school. This data is limited to the components listed in paragraph (4)(a) of this rule.

(e) To ensure that student data accurately represent school performance, schools shall assess at least ninety-five (95) percent of their students to qualify for a school grade, unless the school only has sufficient data for the components found in paragraphs (4)(b), (c), and (d) of this rule.

(f) To be included as an assessed student, in the percent-tested measure, a student must be enrolled during the third period full-time equivalent (FTE) student membership survey, as specified in Rule 6A-1.0451, F.A.C., enrolled at the time of testing, and assessed on the statewide standardized assessments.

(g) English Language Learners, as defined in Rule 6A-6.0901, F.A.C., shall be included in the achievement components in subparagraphs (4)(a)1.-4. of this rule, once they have been enrolled in school in the United States for two (2) years. English Language Learners will be included in the learning gains components in subparagraphs (4)(a)5.-8. of this rule, beginning with their first year in school in the United States.

(h) High school students’ statewide end-of-course assessment scores used for achievement and learning gains measures will be scores for the assessments administered to students for the first time in high school and must be for a course in which the student was enrolled. If a student took the assessment for the first time in high school and then retook the assessment during the same school grades school year while enrolled in the course, the highest score will be included in the calculation.

(i) Middle school students’ statewide end-of-course assessment scores used for achievement, learning gains, and middle school component measures will be scores for a course in which the student was enrolled. If a student retook the assessment during the same school grades school year while enrolled in the course, the highest score will be included in the calculation.

(4) School Grading System. The school grade components shall be calculated as a percentage, with the possible points listed by the component.

(a) School Grading Components for all Schools.

1. English Language Arts Achievement. (100 points) The percentage of full-year-enrolled students who took and passed a statewide standardized assessment for grades 3 through 10 in English Language Arts.

2. Mathematics Achievement. (100 points) The percentage of full-year-enrolled students who took and passed the statewide standardized assessment in Mathematics for grades 3 through 8, the statewide standardized end-of-course assessment in Algebra 1 or Geometry. If a student is enrolled in more than one (1) mathematics course that has an associated statewide standardized assessment, the student’s highest score shall be used in the calculation.

3. Science Achievement. (100 points) The percentage of full-year-enrolled students who took and passed the statewide standardized assessment in Science for grades 5 or 8 or the statewide standardized end-of-course assessment in Biology 1.

4. Social Studies Achievement. (100 points) The percentage of full-year-enrolled students who took and passed the statewide standardized end-of-course assessment in Civics or U.S. History. If a student is enrolled in more than one (1) social studies course that has an associated statewide end-of-course assessment, the student’s highest score shall be used in the calculation.

5. Learning gains in English Language Arts. (100 points) The percentage of full-year-enrolled students demonstrating learning gains in English Language Arts.

6. Learning gains in Mathematics. (100 points) The percentage of full-year-enrolled students demonstrating learning gains in Mathematics.

7. Learning gains of the lowest twenty-five (25) percent of students in English Language Arts. (100 points) The percentage of full-year-enrolled students who scored in the lowest twenty-five (25) percent in the prior year who demonstrated current year learning gains in English Language Arts.

8. Learning gains of the lowest twenty-five (25) percent of students in Mathematics. (100 points) The percentage of full-year-enrolled students who scored in the lowest twenty-five (25) percent in the prior year who demonstrated current year learning gains in Mathematics.

(b) School Grading Component for Elementary Schools. (100 points). The elementary school grading component shall be calculated for schools that include grade 3. The elementary school component shall be calculated as a percentage of eligible students in grade 3 who passed the end-of-year comprehensive progress monitoring statewide assessment in English Language Arts Reading.

(c) School Grading Component for Middle Schools. (100 points) The middle school grading component shall be calculated for schools comprised of grades 6, 7, and 8 and schools comprised of grades 7 and 8. In addition, if a school includes grades 6, 7, and 8 or grades 7 and 8 with other grade levels, that school shall be included in the middle school component.

1. An eligible student for this component is a full-year-enrolled student, who is a current year grade 8 student who scored at or above Achievement Level 3 on the Mathematics statewide standardized assessments in the prior year, or is a full-year-enrolled student in grade 6, 7, or 8, who took a high school level statewide standardized end-of-course assessment or an industry certification examination identified in the industry certification funding list adopted in Rule 6A-6.0576, F.A.C.

2. The middle school component shall be calculated as the percentage of eligible students who passed one (1) or more high school level statewide standardized end-of-course assessments in Algebra 1, Geometry, Biology 1, or U.S. History; or who earned a high school industry certification, identified in the Industry Certification Funding List adopted in Rule 6A-6.0576, F.A.C.

3. For the purpose of calculating the middle school component, a student shall be included no more than once each school grades school year.

(d) School Grading Components for High Schools. The high school grading component shall be calculated for schools comprised of grades 9, 10, 11, and 12 or grades 10, 11, and 12. In addition, if a school includes grades 9, 10, 11, and 12 or grades 10, 11, and 12, with other grade levels, that school shall be included for the high school grading component. In addition, schools comprised of grades 11 and 12 shall be eligible for the high school grading component. High school grades shall include the following components.

1. Graduation Rate. (100 points) The four-year high school graduation rate of the school as measured according to 34 CFR §200.19, Other Academic Indicators, effective November 28, 2008, (http://www.flrules.org/Gateway/reference.asp?No=Ref-01332) and referred to as the four-year adjusted cohort graduation rate. This federal regulation is incorporated by reference and may be obtained by contacting the Division of Accountability, Research, and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

2. College and Career Acceleration. (100 points) The percentage of students included as graduates in the graduation rate from subparagraph (4)(d)1. of this rule, who, while in high school, earned the following:

a. A score making them eligible to earn college credit through College Board Advanced Placement (AP) examinations, International Baccalaureate (IB) examinations, Advanced International Certificate of Education (AICE), or Florida Advanced Courses and Tests (FACT) examinations according to the requirements of Rule 6A-10.024, F.A.C.;

b. College credit through dual enrollment courses according to the requirements of Rule 6A-14.064, F.A.C., or through the completion of three hundred (300) or more clock hours through career dual enrollment courses according to the requirements of Rule 6A-6.0575, F.A.C.; or

c. Career and Professional Education (CAPE) industry certification or a CAPE acceleration industry certification identified in the Industry Certification Funding List adopted in Rule 6A-6.0576, F.A.C.; or

d. An Armed Services Qualification Test score that falls within Category II or higher (a score of 65 or higher on a score scale of 1 to 99) on the Armed Services Vocational Aptitude Battery (ASVAB) and at least two (2) credits in Junior Reserve Officers’ Training Corps courses from the same branch of the United States Armed Forces, as identified in the “Course Code Directory and Instructional Personnel Assignments” adopted by Rule 6A-1.09441, F.A.C.

3. For the purpose of calculating a school’s college and career acceleration component, a student shall be included no more than once.

(e) Procedures for Calculating School Grades.

1. A school letter grade of A, B, C, D, or F shall be calculated based on the percentage of possible points earned by each school for the components applicable to the school. In the calculation of a school’s grade, 100 points are available for each component with sufficient data, with one (1) point earned for each percentage of students meeting the criteria for the component. The points earned for each component shall be expressed as whole numbers by rounding the percentages. Percentages with a value of .5 or greater will be rounded up to the nearest whole number, and percentages with a value of less than .5 will be rounded down to the nearest whole number.

2. The school’s grade is determined by summing the points earned for each component and dividing this sum by the total number of available points for all components with sufficient data. The percentage resulting from this calculation shall be expressed as a whole number using the rounding convention described in this subparagraph.

3. Letter grades shall be assigned to schools based on the percentage of total applicable points earned as follows:

a. For elementary schools:

(I) Sixty-two (62) percent of total applicable points or higher equals a letter grade of A;

(II) Fifty-four (54) to sixty-one (61) percent of total applicable points equals a letter grade of B;

(III) Forty-one (41) to fifty-three (53) percent of total applicable points equals a letter grade of C;

(IV) Thirty-two (32) to forty (40) percent of total applicable points equals a letter grade of D; and

(V) Thirty-one (31) percent of total applicable points or less equals a letter grade of F.

b. For middle schools:

(I) Sixty-four (64) percent of total applicable points or higher equals a letter grade of A;

(II) Fifty-seven (57) to sixty-three (63) percent of total applicable points equals a letter grade of B;

(III) Forty-four (44) to fifty-six (56) percent of total applicable points equals a letter grade of C;

(IV) Thirty-four (34) to forty-three (43) percent of total applicable points equals a letter grade of D; and

(V) Thirty-three (33) percent of total applicable points or less equals a letter grade of F.

c. For high schools:

(I) Sixty-four (64) percent of total applicable points or higher equals a letter grade of A;

(II) Fifty-seven (57) to sixty-three (63) percent of total applicable points equals a letter grade of B;

(III) Forty-four (44) to fifty-six (56) percent of total applicable points equals a letter grade of C;

(IV) Thirty-four (34) to forty-three (43) percent of total applicable points equals a letter grade of D; and

(V) Thirty-three (33) percent of total applicable points or less equals a letter grade of F.

d. For combination schools:

(I) Sixty-four (64) percent of total applicable points or higher equals a letter grade of A;

(II) Fifty-seven (57) to sixty-three (63) percent of total applicable points equals a letter grade of B;

(III) Forty-four (44) to fifty-six (56) percent of total applicable points equals a letter grade of C;

(IV) Thirty-four (34) to forty-three (43) percent of total applicable points equals a letter grade of D; and

(V) Thirty-three (33) percent of total applicable points or less equals a letter grade of F.

4. Pursuant to s. 1008.34(3)(c)1., F.S., the school grading scales in subparagraph (4)(e)3. shall be adjusted for the following school year’s school grades if the percentage of schools earning a grade of A or B in the current year represents seventy-five (75) percent or more of all graded schools within a particular school type, which consists of elementary, middle, high, and combination. The adjustment must reset the minimum required percentage of points for each grade of A, B, C, or D at the next highest percentage ending in the numeral 5 or 0, whichever is closest to the current percentage. Annual reviews of the percentage of schools earning a grade of A or B and adjustments to the required points must be suspended when the following grading scale for a specific school type is achieved:

a. Ninety (90) percent or more of the points for a grade of A.

b. Eighty (80) to eighty-nine (89) percent of the points for a grade of B.

c. Seventy (70) to seventy-nine (79) percent of the points for a grade of C.

d. Sixty (60) to sixty-nine (69) percent of the points for a grade of D.

e. Fifty-nine (59) percent of the points or less for a grade of F.

(5) District Grading System. The Commissioner shall assign a letter grade of A, B, C, D, or F to each school district annually as provided in Section 1008.34(5), F.S., based on the components in subsection (4) of this rule and the processes in subsections (2) and (3). In addition to the students included in the district’s schools’ grades, students who were not full-year-enrolled at a school but who were full-year-enrolled within the district shall be included in the district’s grade. Letter grades shall be assigned to school districts based on the scale used for combination schools described in sub-subparagraph (4)(e)3.d. of this rule, including any adjustments, as applicable, pursuant to subparagraph (4)(e)4. of this rule.

(6) Withholding or Revoking a Grade. Notwithstanding paragraph (3)(a), and subsection (5) of this rule, a school or district grade shall be withheld or revoked, and designated as incomplete (I), if the data does not accurately represent the progress of the school or district.

(a) The circumstances where data does not accurately represent the progress of a school or district are where:

1. The percent of students tested at the school or district is less than ninety-five (95) percent of the school’s or district’s eligible student population, or

2. Before, during, or following the administration of any state assessment, the validity or integrity of the test administration or results are under review and investigation based upon allegations of test administration and security violations as described in Section 1008.24, F.S. or Rule 6A-10.042, F.A.C.

(b) Upon conclusion of the review and investigation, and a determination by the Department that the data accurately represent the progress of the school or district, the Department shall assign a letter grade to the school or district, based upon the provisions of this rule.

(7) School District Responsibility and Review Process.

(a) Each school district shall be responsible for providing to the Department accurate, complete, and timely school district data so that the Department can calculate school grades in accordance with the requirements of this rule and Section 1008.34, F.S.

(b) Each school district superintendent shall designate a school accountability contact person who is responsible for verifying the data submitted to the Department for use in school grades.

(c) Based upon the data provided by school districts, the Department shall create data files from which grades will be calculated and provide districts the opportunity to review these files and make corrections, updates, and provide additional matches.

(d) Subsequent to the review process described in paragraph (7)(c) of this rule, the Department shall provide school districts preliminary school grades for the schools in the district.

(e) Districts shall be afforded an opportunity to contest or appeal a preliminary school grade within thirty (30) days of the release of the preliminary school grade.

(f) A successful grade appeal requires that the district clearly demonstrate the following:

1. Due to the omission of student data, a data miscalculation, or a special circumstance beyond the control of the district, a different grade would be assigned to a school, or

2. Where the percent of students tested is less than ninety-five (95) percent at a school and the school did not receive a grade, that the student data accurately represents the progress of the school.

(g) An appeal shall not be granted under the following circumstances:

1. It was not timely received;

2. It was not submitted by the district superintendent;

3. It would not result in a different grade, if granted, or

4. It relies upon data that the district had the opportunity to correct but failed to do so, under the process described in paragraph (7)(c) of this rule, or the data reporting processes as defined in Rule 6A-1.0014, F.A.C., Comprehensive Management Information Systems.

(h) In order to ensure that districts have the opportunity to submit and review data upon which grades are calculated, the Department shall annually publish at http://www.fldoe.org/accountability/accountability-reporting/school-grades/index.stml, the timeframes and deadlines for these activities. Districts shall be afforded a minimum of fourteen (14) days to submit corrections as a result of the review opportunity set forth in paragraph (7)(c) of this rule.

6A-1.099811 School Improvement State System of Support for Deficient and Failing Schools.

(1) Purpose. The purpose of this rule is to set forth the School Improvement (SI) State System of Support for Deficient and Failing Schools pursuant to Section 1008.33, F.S., by establishing differentiated intervention and support strategies for traditional public schools, delineating the responsibilities of the school, district and Department of Education (Department), setting timelines for intervention and support strategies, prescribing reporting requirements to review and monitor progress of schools, and setting forth submission and approval criteria for Turnaround Option Plans.

(2) Definitions. The following definitions, listed alphabetically, shall be used in this rule and incorporated documents:

(a) “Below Effective” means a value-added model rating of Needs Improvement/Developing or Unsatisfactory.

(b) “Classroom walkthrough” means an observation of classroom activities by SI Regional Team members, district staff and school staff to gather data and provide feedback to instructional personnel and administrators to inform instructional practices for improved student achievement.

(c) “Coaching” means serving as an instructional resource in a school to generate improvement in student achievement by improving the quality of instruction through professional learning support to instructional personnel in their respective content areas, as needed, based on an analysis of student performance and observational data.

(d) “Common planning time” means the time provided to grade-level instructional personnel at the elementary level and subject-area instructional personnel at the secondary level to meet together, within and across grades and subjects, for data-based decision making, problem-solving and professional learning on Florida’s state academic standards.

(e) “Community Assessment Team” or “CAT” means the team that reviews the school performance, identifies causes of low performance and makes recommendations for school improvement. The CAT shall include, but not be limited to, a Department representative, parents, business representatives, educators, the Regional Executive Director or designee, representatives of local government, and community activists, and shall represent the demographics of the community from which they are appointed.

(f) “Cycle of Turnaround” is the number of years a school has implemented a Turnaround Option Plan (TOP).

(g) “Direct instructional support” means support provided by a district curriculum or content area specialist who visits the school frequently to provide onsite, job-embedded professional learning and support to classroom instructional personnel.

(h) “District leadership team” means the team that includes the superintendent and district leadership. This may include those in charge of curriculum, general and exceptional student education, student services, human resources, professional learning, and other areas relevant to school improvement. The district-based leadership team shall develop and implement the district-managed turnaround option plan.

(i) “District Strategic Plan” means a district-level plan, which includes strategies for improving school performance and increasing student achievement and demonstrates how resources are aligned to ensure schools demonstrating the greatest need receive the highest percentage of resources.

(j) “Early warning system” or “EWS” is a system used in any school that serves students in kindergarten through grade eight used to identify students who need additional support to improve academic performance and stay engaged in school pursuant to Section 1001.42(18), F.S.

(k) “Educational emergency” exists in a school district if one or more of the schools in the district have a school grade of “D” or “F” pursuant to Section 1001.42(21), F.S. To free schools from contract restrictions that limit the school’s ability to implement programs and strategies needed to improve student performance, a district school board is authorized to adopt salary incentives or other strategies that address the selection, placement, compensation, and expectations of instructional personnel notwithstanding collective bargaining requirements found in Chapter 447, and provide principals with the autonomy described in Section 1012.28(8), F.S.

(l) “Graduation rate” means the percentage of students who earned a standard diploma within four (4) years of their first full year of enrollment in ninth grade in the state as determined by Rule 6A-1.09981(4), F.A.C., School and District Accountability.

(m) “Increased learning time” means lengthening the school day, week, or year; providing before school, after school, Saturday or summer school programs to allow additional time for instruction in core academic subjects; providing enrichment activities that contribute to a well-rounded education; and allowing time for teacher collaboration, planning and professional learning.

(n) “Inexperienced teachers” means a teacher who has been teaching for three years or less.

(o) “Instructional coach” means a staff member with a proven record of effectiveness in a specific content area who has knowledge of adult learning to build capacity through coaching cycles in the development and modeling of effective lessons, use of instruments, analysis of assessment and anecdotal data, and providing professional learning and ongoing feedback.

(p) “Instructional Review” or “IR” means the continuous process used by the SI Regional Team, in collaboration with school and district leadership teams, to review a school’s performance data trends, conduct classroom walkthroughs, assist with development of action plans and review school improvement plan(s) to address opportunities for improvement.

(q) “Memorandum of Understanding” or “MOU” means an agreement with the school district and bargaining unit pursuant to Section 1001.42(21), F.S., to be negotiated that addresses the selection, placement and expectations of instructional personnel. The MOU must be provided to the Department by September 1, after the issuance of the SI school’s grade, pursuant to Section 1008.33(4)(a), F.S.

(r) “Multi-Tiered System of Supports” or “MTSS” means the system utilizing the problem-solving process to identify and support student needs based upon the available data. The data used in the process may include, but is not limited to, attendance, behavior/discipline, statewide assessment and progress monitoring assessment data.

(s) “Needs Assessment” means a systematic process that includes a thorough analysis of available state, district, and school-level trend data to determine priorities, address needs or gaps, and allocate resources between current conditions and desired state.

(t) “Planning and Problem Solving” refers to a cycle of continuous improvement that allows stakeholder groups to engage in the formation of a strategic goal(s) and then develop implementation and monitoring plans.

(u) “Progress monitoring” means the continuous review of assessments that inform educators about ongoing student progress for mastery of Florida’s grade level standards in mathematics, English Language Arts (ELA), science, and social studies.

(v) “Quarterly Data Review” or “QDR” is a quarterly survey used to gather instructional personnel and student data to inform state, district, and school leaders about professional capacity and school climate as related to student achievement.

(w) “Regional Executive Director” or “RED” means the person who leads the SI Regional Team to support and monitor district and school improvement efforts.

(x) “School Advisory Council” or “SAC” means an advisory council for each school established by the district school board pursuant to Section 1001.452, F.S.

(y) “School Improvement” or “SI” means the system set forth pursuant to Section 1008.33, F.S., in which the state provides support and interventions of escalating intensity to low-performing schools in order to improve and sustain performance of all student subgroups, and holds districts accountable for improving the academic achievement of all students and turning around low-performing schools.

(z) “School Improvement Plan” or “Schoolwide Improvement Plan” or “SIP” means a fluid plan developed by school leadership and approved by the SAC and district to guide school improvement planning, problem solving and implementation processes by coordinating strategies and resources that will lead to increased student achievement.

(aa) “School Improvement Regional Team” means the staff assigned by the Department to provide assistance to schools and districts located in geographic regions.

(bb) “School Improvement Schools” or “SI schools” means graded public schools identified for support and intervention by the Department because the schools earned a grade of “D,” a grade of “F” or produced a graduation rate of sixty-seven (67) percent or less.

(cc) “Teacher in need of improvement” means any instructional personnel with a VAM rating below Effective.

(dd) “Turnaround Option Plan” or “TOP” means a district-level plan to implement one of four turnaround options in a school: District-managed turnaround, Reassignment/ Closure, Charter School and External Operator/Outside Entity as described in Section 1008.33, F.S.

(ee) “Value-added model” or “VAM” means the individual student learning growth models based on the statewide standardized assessments authorized in Section 1012.34(7), F.S., and further described by Rule 6A-5.0411, F.A.C.

(ff) “VAM rating” means a rating of Highly Effective, Effective, Needs Improvement or Developing and Unsatisfactory as assigned using the methodology described in Rule 6A-5.0411, F.A.C.

(3) School Improvement (SI) Tiers of Support. All SI schools are in need of support and intervention from the school district and the Department and are provided this within the context of a three-tiered system.

(a) A Tier 1 SI school is any school that earns a single grade of “D” or has a graduation rate of sixty-seven (67) percent or less.

(b) A Tier 2 SI school is any school that earns a single grade of “F” or consecutive grades of “D” in any school year in which the school received a grade and is in the first cycle of turnaround.

(c) A Tier 3 SI school is any school that has completed one or more cycles of turnaround and has not improved its grade to at least a “C.”

(4) SI Notification. In order to assist school districts with support and interventions for SI schools, the Department shall:

(a) Prior to the start of each school year, publish a list when school grades are released to notify school districts of any SI schools in the district;

(b) Provide notice of the Tier of Support for the SI school;

(c) Provide districts with Value-added Model (VAM) data on instructional personnel no later than July 31 of each year; and

(d) Provide districts with student assessment, school grade, and graduation rate data annually.

(5) Support Strategies for SI schools.

(a) Districts with a SI school must coordinate with the Department, the Regional Executive Director (RED) or designee, and the school to identify and implement tailored support and improvement strategies designed to address low performance at the school.

(b) The support and improvement strategies that must be considered by a district that has any SI school to improve student performance are to:

1. Provide a literacy coach who has a record of effectiveness as an English Language Arts teacher or coach with a VAM rating of Highly Effective or Effective;

2. Provide a mathematics coach who has a record of effectiveness as a mathematics teacher or coach with a VAM rating of Highly Effective or Effective;

3. Staff the school with a principal who has a successful record of leading a turnaround school and who have the qualifications to support the student population at the assigned SI school;

4. Ensure the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics;

5. Ensure that K-12 intensive reading instruction is provided by teachers with a reading certificate, endorsement or micro-credential pursuant to Section 1011.62(8)(d)7., F.S.;

6. Ensure the instructional and intervention programs for reading are consistent with Section 1001.215(8), F.S.;

7. Ensure remedial and supplemental instructional resources are prioritized for K-3 students with a substantial deficiency in reading in accordance with the district’s K-12 Comprehensive Evidence-based Reading Plan and for K-4 students with a substantial deficiency in mathematics as provided in Rule 6A-6.0533, F.A.C.; and

8. Implement other school improvement strategies recommended by the RED that are designed to lead to school improvement in SI schools.

(c) The support and improvement strategies that must be implemented by a district that has any SI school to improve student performance are to:

1. Dedicate at least one position at the district level to lead school improvement in the district;

2. Utilize formative and summative assessments that are aligned to Florida’s state academic standards;

3. Ensure that common planning time occurs at the SI school;

4. Obtain approval from the Department to retain or replace a principal at a Tier 2 or Tier 3 school, regardless of whether or not the principal will be employed by the school district, charter or external operator/outside entity (EO);

5. Collaborate with the Department and the SI school to develop a school improvement plan that identifies areas of focus, implements strategies and utilizes resources designed to lead to increased student achievement;

6. Support and monitor the distribution of all grant funds to ensure schools with the greatest need receive the highest percentage of resources; and

7. For any Tier 1, District-Managed Turnaround (DMT) and External Operator/Outside Entity (EO) schools, submit annually to the Department, a MOU required by section 1001.42(21), F.S.

8. For any Tier 1 schools (except those identified for a graduation rate of sixty-seven percent (67%) or less) and schools implementing a DMT or EO option, ensure that the percentage of inexperienced teachers, instructional personnel in need of improvement and out-of-field instructional personnel assigned to the school is at least or at a minimum, not higher than the district average.

(6) Documentation of Planning and Implementation of Improvements. A school district with any SI school must document its improvement planning and implementation at the district level and ensure the SI school documents improvement planning and implementation at the school level.

(a) SI-1 Checklist (District Form). Except where a school is implementing the turnaround option of Reassignment and Closure (RC), school districts must utilize the form entitled SI-1 Checklist for each SI school in the district to document the following:

1. District action on improvement strategies set forth in paragraph (5)(b);

2. District compliance with improvement strategies set forth in paragraph (5)(c); and

3. Other actions taken by the district to improve school performance.

(b) SI-2 Checklist (School Form). Except where a school is implementing the turnaround option of Reassignment and Closure (RC), school districts must ensure that SI school leadership utilizes the form entitled SI-2 Checklist to document improvement planning and implementation at the school level throughout the school year. This documentation must include the following:

1. The development, implementation and monitoring of a School Improvement Plan (SIP);

2. The alignment of the SIP and Turnaround Option Plan (TOP), if applicable;

3. The completion of the SIP mid-year reflection and, as necessary, revision of the SIP;

4. Review of VAM data and district evaluations to ensure hiring decisions comply with the requirement that Unsatisfactory or Needs Improvement instructional personnel are not staffed at a SI school as provided in paragraphs (9)(a) and (b), (11)(a) and (b), and (12)(a) and (b), and that hiring decisions are calculated to improve school performance;

5. Review of student progress monitoring data, at least quarterly;

6. Modifications made as a result of the IRs, including modifications to the pacing, curriculum and assessments; and

7. Other strategies designed to improve school performance, including those identified in the TOP and any contractual agreements executed to implement the TOP.

(c) Reassignment and Closure School Report. Where a school is implementing the turnaround option of Reassignment and Closure (RC), districts must complete quarterly reports that include student attendance, grades and progress monitoring data aligned to Florida’s State Academic Standards, the type of intervention and instruction provided to students to address deficiencies, as well as all instructional personnel assigned to students from the closed school and their VAM rating.

(d) Principal Verification Form. In order to seek approval from the Department to retain or replace a principal at a Tier 2 or Tier 3 school, a school district must submit to the Department a Principal Verification Form.

1. The form must provide the following information:

a. The rationale for replacing the principal;

b. Evidence that the proposed principal has a proven record of success and the qualifications to support the school community;

c. Any operational flexibility that the proposed principal will be afforded in the turnaround school, including the authority in selecting school leadership and instructional staff; and

d. Actions the district and if applicable, the charter or EO, will take regarding the school leadership if the school’s grade does not improve.

2. The Department will notify a district of its decision on the request within five (5) business days of receipt of a completed Principal Verification Form. In order to grant the request, the Department must determine, based upon the strength and timing of the proposed principal’s experience and qualifications, the needs of the turnaround school, and the operational flexibility to be provided to the proposed principal, that the principal has the ability to lead the turnaround school.

(7) Turnaround Option Plan Types.

(a) Turnaround plans are two-year district improvement plans that are required for a school that earns two (2) consecutive grades of “D” or a single grade of “F.” A school district is not required to wait until a school earns a second consecutive grade of “D” to submit a Turnaround Option Plan for approval by the State Board of Education. All Turnaround Option Plans must be designed to improve a SI school’s grade to a “C” or better within two (2) school years.

(b) The four (4) Turnaround Option Plan types are:

1. District-managed Turnaround Option Plan (DMT). DMT is the option through which the school district manages the two-year Turnaround Option Plan at the school.

2. Reassignment and Closure Turnaround Option Plan (RC). RC is the option through which the district closes the school, reassigns students to a “C” or higher graded school(s), monitors the progress of those students and provides supports tailored to address student deficiencies.

3. Charter School Turnaround Option Plan. Charter School TOP is the option through which the district contracts with a charter school with a record of effectiveness to operate SI the school. Under this option, the school district temporarily continues to operate the school for the remainder of the school year after selecting the Charter School TOP and the following school year until the charter school operator assumes full operational control of the school.

4. External Operator/Outside Entity Turnaround Option Plan (EO). EO is the option through which the district contracts with an outside entity that has a record of effectiveness to provide turnaround services including school leadership, educational modalities, teacher and leadership professional learning, curriculum, operation and management services, school-based administrative staffing, budgeting, scheduling, other educational service provider functions, or any combination thereof. An EO/Outside Entity includes one or a combination of the following:

a. An EO/ Outside Entity, which may be a district-managed charter school or a high-performing charter school network in which all instructional personnel are not employees of the school district but are employees of an independent governing board composed of members who did not participate in the review or approval of the charter; and

b. A contractual agreement that allows for a charter school network or any of its affiliated subsidiaries to provide individualized consultancy services tailored to address the identified needs of one or more SI schools.

(8) Turnaround Option Plan Steps. All Turnaround Option Plans must be completed by the district in collaboration with the Department. There are two (2) steps in the development of a Turnaround Option Plan.

(a) Step one requires the district to engage stakeholders in planning for the development of the Turnaround Option Plan by:

1. Identifying the causes for low performance with stakeholders and making recommendations for improvement at the SI school;

2. Describing the methodology and results of a needs assessment utilizing quantitative and qualitative data;

3. Providing a rationale for the selected turnaround option; and

4. Agreeing to meet assurances based upon the turnaround option selected.

(b) Step two requires the district to develop a Turnaround Option Plan for implementation by:

1. Submitting the plan to the RED for review and feedback;

2. Obtaining approval of the plan by the local school board; and

3. Submitting the plan to the Department for State Board of Education approval.

(9) District-managed Turnaround (DMT).

(a) DMT-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule, and the following requirements on the form entitled, District-Managed Turnaround Option Plan–Step 1, TOP-1.

1. Agree to meet the following assurances:

a. Ensure the district-leadership team develops and implements the DMT and dedicates a district position to lead the turnaround efforts;

b. Ensure the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics;

c. Ensure progress monitoring assessments are aligned to Florida’s state academic standards and provide valid data to support intervention for students;

d. Ensure the development of an annual professional learning plan that provides ongoing tiered support to increase leadership and educator quality;

e. Ensure the principal will be replaced upon entry into DMT unless in collaboration with the Department, it is determined that the principal will have the skillset for turnaround success at the school;

f. Ensure the principal has a successful record in leading a turnaround school, and the qualifications to support the student population being served;

g. Ensure the review of practices in hiring, recruitment, retention, and reassignment of instructional personnel have been reviewed with priority on student performance data;

h. Ensure that the instructional personnel who do not have a VAM rating and who do not show evidence of increasing student achievement are not rehired at the school;

i. Ensure that the percentage of inexperienced teachers, instructional personnel with a VAM rating that is below Effective or out-of-field instructional personnel assigned to the school is at least or at a minimum, not higher than the district average; and

j. Ensure that K-12 reading instruction is provided by teachers with a reading certificate, endorsement or micro-credential pursuant to Section 1011.62(8)(d)7., F.S.

2. Submit to the Department a Memorandum of Understanding (MOU) required by Section 1001.42(21), F.S., that relieves the school from any contract restrictions that limit the ability to implement strategies to improve the school’s low performance;

3. Submit to the Department rosters of instructional staff at the school; and

4. Provide information on the VAM rating of instructional staff that compares the school’s instructional personnel to the district VAM rating distributions.

(b) DMT – Step Two. The district must meet and document the following requirements on the form entitled District-Managed Turnaround Option Plan–Step 2, TOP-2.

1. Describe the methodology and results of a needs assessment utilizing quantitative and qualitative data;

2. Describe how the results of the needs assessment are addressed by the plan;

3. Provide a summary of the DMT plan that includes information on leadership, standards- based instruction and the culture and environment;

4. Describe how the two-year DMT plan and the annual SIP work together to improve student performance;

5. Describe the district-leadership team and its role in implementing the DMT plan;

6. Describe how the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics;

7. Describe how the instructional and intervention programs for reading are consistent with Section 1001.215(8), F.S.;

8. Describe how progress monitoring assessments are aligned to Florida’s state academic standards and provide valid data to support intervention for students;

9. Describe the district’s allocation of resources and how they align to the specific needs of the school;

10. Describe how remedial and supplemental instruction resources are prioritized for K-3 students with a substantial deficiency in reading in accordance with the district’s K-12 Comprehensive Evidence-Based Reading Plan;

11. Describe how the district recruited the principal and assistant principal and provide evidence that demonstrates they have a successful record in leading a turnaround SI school and the qualifications to support the student population being served;

12. Describe the district’s systems that ensure the school has effective educators capable of improving student achievement, including priority in hiring, recruitment and retention incentives and professional learning and coaching support;

13. Describe how the district fills vacancies in core content areas ensuring incentives are offered and priority in hiring is given to the school;

14. Describe how the district recruits instructional personnel with Highly Effective or Effective VAM ratings; and

15. Provide information demonstrating that the school meets the instructional staffing requirements set forth above in sub-subparagraph (9)(a)1.h.-j. of this rule.

(10) Reassignment/Closure (RC).

(a) RC-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options:

1. Ensure that the students from the closed school are assigned to school(s) with a grade of “C” or higher;

2. Ensure that students from the closed school are not assigned to instructional personnel with VAM ratings or district evaluations that are below Effective;

3. Ensure that the district will monitor for three (3) school years on a quarterly basis the following: student attendance, grade and progress monitoring data, the type of intervention and instruction provided to students to address deficiencies, as well as all instructional personnel assigned to the students and their VAM rating;

4. Ensure that for the upcoming school year, instructional personnel from the closed school with VAM ratings that are below Effective are not reassigned to other SI schools within the district;

5. Ensure that administrators from the closed school are not reassigned to other SI schools within the district for the upcoming school year; and

6. Ensure that, for the upcoming school year, instructional personnel from the closed school who are rated below Effective are not assigned to:

a. A high school or middle school student who was taught by a classroom teacher with a VAM rating that is below Effective for the previous school year in the same subject area.

b. An elementary school student who was taught by a classroom teacher with a VAM rating that is below Effective for the previous school year.

(b) RC-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan-Step 2, TOP-2, Reassignment/Closure.

1. Describe how the district will ensure that the students from the closed school are assigned to a school with a grade of “C” or higher;

2. Describe how the district will ensure that students from the closed school are not assigned to instructional personnel with VAM ratings or the district evaluations that are below Effective;

3. Describe how the district will ensure that intervention and instruction are provided to students to address deficiencies, and that student attendance, grade, and progress monitoring data, as well as all instructional personnel assigned to the student and their VAM rating, will be monitored for the students from the closed school for three (3) school years on a quarterly basis;

4. Describe how the district will ensure that instructional personnel with VAM ratings that are below effective are not reassigned to other SI schools for the upcoming school year; and

5. Describe how the district will ensure that administrators are not reassigned to other SI schools within the district for the upcoming school year.

(11) Charter School TOP.

(a) Charter School TOP-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule, and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options.

1. Ensure the district closes the school and reopens it as a charter or multiple charter schools.

2. Ensure the district enters into a contract with a charter or multiple charters that have a record of turning around schools that are low-performing with students of similar demographics or a charter school with a record of high performance.

3. Ensure that the charter school operator has a staffing plan to make certain instructional personnel with VAM ratings or district evaluations that are below Effective do not serve as instructional personnel at the school.

4. Ensure the principal or school leader has a successful record and the qualifications to support the student population being served.

5. Ensure the charter school operator provides enrollment preference to students who currently attend or who would have otherwise attended or been zoned for the school.

6. Ensure the charter school operator serves the existing grade levels served by the school at its current enrollment or higher.

7. Ensure the district continues to operate the school with the same level of resources after selecting the Charter School TOP and executes a standard charter school turnaround contract, a standard facility lease, and a mutual management agreement for planning and preparation purposes before the charter school operator assumes full operational control of the school.

(b) Charter School TOP-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan-Step 2, TOP-2, Charter.

1. Describe how the district will ensure that the school will close and reopen it as a charter or multiple charters.

2. Describe how the district will ensure it enters into a contract with a charter organization following established district policy and procedures.

3. Describe how the district will ensure selection of a charter organization that has a record of turning around a school serving low-performing students who have similar demographics or a charter school with a record of high performance.

4. Describe how the district will ensure that instructional personnel with VAM ratings or district evaluations that are below Effective are not staffed at the school for the upcoming school year.

5. Describe how the district will ensure the principal or school leader has a successful record and the qualifications to support the student population being served.

6. Describe how the district will ensure the charter school operator provides enrollment preference to students who currently attend or who would have otherwise attended or been zoned for the school. Include in the description how the district will consult and negotiate with the charter school every three years to determine the appropriate alignment of the attendance zone and ensure that students residing closest to the school are provided with an enrollment preference.

7. Describe how the district will ensure the charter school operator serves the existing grade levels served by the school at its current enrollment or higher or serves additional grade levels.

8. Describe how the district will ensure continued operation of the school with the same level of resources after selecting the Charter School TOP and outline a plan for collaborative efforts with the charter school to facilitate the transition and preparation toward complete operational control of the school.

(c) The district must include an updated DMT, TOP-2 form set forth in paragraph (9)(b) as an addendum to the Charter School-TOP-2 form for sustained operation of the school.

(d) The district shall submit to the Department for Cycle Two, Cycle Three and Cycle Four schools as described in subsection (13) of this rule, a standard charter school turnaround contract, a standard facility lease, and a mutual management agreement with the charter operator, as incorporated in Rule 6A-6.0786, F.A.C., no later than May 1, prior to the implementation of the Turnaround Option Plan.

(12) External Operator/Outside Entity (EO).

(a) EO-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule, and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options.

1. Ensure the district will select an EO/Outside Entity which has a record of school improvement in turning around schools that are low-performing with students of similar demographics;

2. Ensure that the incoming principal and school leadership team have a successful record in leading turnaround schools and the qualifications to support the population being served;

3. Ensure that the percentage of inexperienced teachers, instructional personnel with a VAM rating that is below Effective or out-of-field instructional personnel assigned to the school is at least or at a minimum, not higher than the district average;

4. Ensure that if a district-managed charter school or a high-performing charter school network is established all instructional personnel are not employees of the school district, but are employees of an independent governing board composed of members who did not participate in the review or approval of the charter;

5. Ensure the instructional programs align to Florida’s state academic standards and provide data to support intervention for students;

6. Ensure the development of an annual professional learning plan that provides ongoing tiered support to increase leadership and educator quality;

7. Ensure the principal will be replaced upon entry into EO/Outside Entity unless in collaboration with the Department, it is determined that the principal will have the skillset for turnaround success at the school;

8. Ensure the review of practices in hiring, recruitment, retention, professional learning and coaching support have been reviewed by the district and EO/Outside Entity with priority on student performance data;

9. Ensure that K-12 reading instruction is provided by teachers with a reading certificate, endorsement, or micro-credential;

10. Ensure the district will submit to the Department a MOU required by Section 1001.42(21), F.S., that relieves the school from any contract restrictions that limit the ability to implement strategies to improve the school’s low performance;

11. Ensure the district will submit to the Department rosters of instructional staff at the school; and

12. Ensure that the district will enter into an annual contract with the EO/Outside Entity to provide turnaround services or to operate the school following established district policies and procedures and that the contract with an EO/Outside Entity will include:

a. Performance indicators and growth metrics that the EO/Outside Entity must meet during the term of the contract showing that the school is on track to earn at least a “C” grade within two (2) years and that ties payment to such improvement;

b. The district’s authority to terminate or non-renew the contract for a second year should the EO/Outside Entity fail to meet the performance indicators and growth metrics or fail to meet its contractual obligations;

c. Services and responsibilities for leadership and instructional staffing, curriculum and instruction, assessments, progress monitoring and professional learning;

d. EO/Outside Entity’s record of school improvement and its role in recruitment, selection and placement of instructional personnel and the school leadership team;

e. Where the district has an existing contract with the EO/Outside Entity, a detailed provision outlining the new or modified services to be provided by the EO/Outside Entity;

f. A detailed budget with conditions of payment based on performance indicators, including a deferred payment of the final installment of thirty-three (33) percent of the contracted amount until delivery of agreed upon improvement and outcomes. The contract must include a provision where the final thirty-three (33) percent of the contract value may not be paid until and unless the EO/Outside Entity demonstrates that the school has achieved at least a “C” grade or that the school has improved by at least four (4) school grade percentage points overall; and

g. The district’s authority to modify, terminate or non-renew the contract for a second year should the State Board determine that the EO/Outside Entity failed to meet the performance indicators, growth metrics or is otherwise not on track to achieve a grade of at least a “C” within two (2) years of the release of school grades.

(b) EO-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan-Step 2, TOP-2.

1. Describe how the district selected an EO/Outside Entity that has a record of school improvement in turning around schools that are low-performing with students of similar demographics;

2. Provide a summary of the EO/Outside Entity plan that includes information on leadership, standards-based instruction and the culture and environment;

3. Describe how the two-year EO/Outside Entity plan and the annual SIP work together to improve student performance;

4. Describe the district leadership team and its role in implementing the EO/Outside Entity plan;

5. Describe how the incoming principal and school leadership team who have a successful record in leading SI schools and the qualifications to support the population being served were selected;

6. Provide information demonstrating that the school meets the instructional staffing requirements set forth above in subparagraphs (12)(a)3.-5. of this rule.

7. Describe the process for filling vacancies in core content areas ensuring incentives are offered and priority in hiring is given to the school;

8. Describe how instructional personnel with Highly Effective or Effective VAM ratings are recruited;

9. Describe how the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics;

10. Describe how the instructional and intervention programs for reading are consistent with Section 1001.215(8), F.S.;

11. Describe the district’s allocation of resources and how they align to the specific needs of the school;

12. Describe how remedial and supplemental instruction resources are prioritized for K-3 students with a substantial deficiency in reading in accordance with the district’s K-12 Comprehensive Evidence-Based Reading Plan provided under Rule 6A-6.053, F.A.C., and for K-4 students with a substantial deficiency in mathematics provided under Rule 6A-6.0533, F.A.C;

13. Describe the district’s systems that ensure the school has effective educators capable of improving student achievement, including priority in hiring, recruitment and retention incentives and professional learning and coaching support;

14. Describe how the district will ensure that if a district-managed charter school is established all instructional personnel are not employees of the school district, but are employees of an independent governing board composed of members who did not participate in the review and approval of the charter; and

15. Describe how the district will enter into an annual contract with the EO/Outside Entity to operate the school following established district policies and procedures and describe the state of contract negotiations with an EO/Outside Entity that addresses:

a. Performance indicators and growth metrics that the EO/Outside Entity must meet to demonstrate that during the term of the contract there will be quantifiable evidence of improvement showing that the school is on track to earn at least a “C” grade within two (2) years and that ties payment to such improvement;

b. The district’s authority to terminate or non-renew the contract for a second year should the EO/Outside Entity fail to meet the performance indicators or fail to meet its contractual obligations;

c. Services and responsibilities in leadership and instructional staffing, curriculum and instruction, assessments, progress monitoring and professional learning;

d. The EO/Outside Entity’s role in recruitment, selection and placement of instructional personnel and the school leadership team;

e. Where the district has an existing contract with the EO/Outside Entity, a detailed provision outlining the new or modified services to be provided by the EO/Outside Entity;

f. A detailed budget with conditions of payment based on performance indicators, including a deferred payment of the final installment of thirty-three (33) percent of the contracted amount until delivery of agreed upon improvement and outcomes. The contract must include a provision where the final thirty-three (33) percent of the contract value may not be paid until and unless the EO/Outside Entity demonstrates that the school has achieved at least a “C” grade or that the school has improved by at least four (4) school grade percentage points overall; and

g. The district’s authority to modify, terminate or non-renew the contract for a second year should the State Board determine that the EO/Outside Entity failed to meet the performance indicators, growth metrics or is otherwise not on track to achieve a grade of at least a “C” within two (2) years of the release of school grades.

(c) The district shall submit to the Department for Cycle Two, Cycle Three and Cycle Four schools, an executed performance contract with the EO/Outside Entity, prior to the implementation of the Turnaround Option Plan.

(13) Timeline. The deadlines the district must meet are set forth below.

(a) Tier 1 SI schools:

1. SI-1 and SI-2 Checklist forms are due prior to the start of the school year and must be reviewed by the district at a minimum of three (3) times a year;

2. Instructional Staff Rosters are due August 1; and

3. MOU is due September 1.

(b) Tier 2-SI schools:

1. For DMT, Charter School TOP and EO/Outside Entity schools, the SI-1 and SI-2 Checklist forms are due prior to the start of the school year and reviewed by the district at a minimum of three (3) times a year;

2. Instructional Staff Rosters are due August 1;

3. For DMT schools, MOU is due September 1;

4. TOP-1 due September 1 after the school grade requiring turnaround is issued; and

5. TOP-2 due October 1 of the same school year.

(c) Tier 3 SI schools:

1. For DMT, Charter School TOP and EO/Outside Entity schools, the SI-1 and SI-2 Checklist forms must be completed with the Regional School Improvement team prior to the start of the school year and reviewed by the district at a minimum of three (3) times a year.

2. Instructional Staff Rosters are due August 1, except for RC.

3. For DMT schools, MOU is due September 1.

4. TOP-1 is due November 1 of the school year prior to implementation.

5. TOP-2 and proposed contract with an EO/Outside Entity or Charter School TOP is due January 31 of the school year prior to implementation.

6. Executed annual contract with an EO/Outside Entity is due May 1, prior to the school year of implementation of the Turnaround Option Plan.

7. Annual standard charter school turnaround contract, standard facility lease, and mutual management agreement with a charter school operator is due May 1 of the school year in which the school district selects the Charter School TOP and must be executed no later than October 1 of the school year following the selection of the Charter School TOP.

8. The charter school operator must assume full control of the school by July 1 following the year the standard charter school turnaround contract for the Charter School TOP was executed.

(d) Principal Change Verification Form is due to the Department no later than ten (10) days prior to the proposed date of the change in leadership and prior to TOP.

(e) Reassignment and Closure School Report is due to the Department quarterly for three (3) years beginning with the first year students from the closed school are reassigned.

(14) State Board Approval of District Turnaround Option Plans.

(a) When considering whether to approve a Turnaround Option Plan, the State Board shall consider, at a minimum, the following factors:

1. The strength of the Turnaround Option Plan;

2. Whether the plan is sufficiently tailored to address the causes of low performance;

3. The prior record of the proposed school leadership team in improving low performing schools;

4. The school district’s history of success with this school and other low performing schools in the district; and

5. The extent to which the recommendations of the RED and the Department have been incorporated into the district’s Turnaround Option Plan.

(b) Approval. The State Board shall approve a Turnaround Option Plan when a school district:

1. Meets the requirements for Turnaround Option Plan set forth in this rule and incorporated forms; and

2. Demonstrates that it is more likely than not that the school will improve to a grade of at least a “C” during implementation of the two year Turnaround Option Plan or where a district has selected reassignment and closure (RC), demonstrates that the intervention and instruction to be provided to students from the closed school are sufficiently tailored and robust to improve deficiencies.

(15) Revocation of an Approved Turnaround Option Plan.

(a) The State Board is authorized to revoke a Turnaround Option Plan when:

1. A district has failed to follow the terms of its approved Turnaround Option Plan or meet the requirements for such plans, as set forth in subsections (9) through (12) of this rule; and

2. It is unlikely the school will improve to a grade of at least a “C” during the remainder of the implementation of the two-year Turnaround Option Plan.

(b) Prior to revocation, the State Board shall consider, at a minimum, any curative action taken or proposed by the district and the feasibility of an amended plan to improve student performance during the remainder of the approval period.

(c) A school district shall be afforded written notice at least seven (7) days before the matter will be considered by the State Board.

(d) Upon revocation, a district shall be afforded no less than twenty (20) days to submit a revised Turnaround Option Plan to the State Board.

(16) Exiting School Improvement. In order to exit SI, a school must meet one of the following requirements:

(a) When the school is categorized as a SI school based upon its grade, the school must earn a grade of at least a “C;” or

(b) When the school is categorized as a SI school solely based upon its graduation rate, the school must achieve a graduation rate that exceeds sixty-seven (67) percent.

(17) Extension of a Turnaround Option Plan.

(a) A district may request additional time to implement its Turnaround Option Plan if the request is approved by the local school board and the following conditions are met:

1. The request is received by the Department on or before November 1 of the year before the extension would be implemented, and is submitted on the form entitled TOP-1, 3-Options;

2. The request demonstrates that the school has a positive trajectory using the school grade components listed in Section 1008.34(3)(b), F.S;

3. The request demonstrates that the SI school has no instructional personnel with VAM ratings of Unsatisfactory and that the percentage of instructional personnel with VAM ratings of Needs Improvement is at or below the district percentage where the district has more than five (5) schools, or the state percentage where the district has five (5) or fewer schools;

4. During the remainder of the implementation of the Turnaround Option Plan, the district agrees to staff the school without any Unsatisfactory rated instructional personnel and maintain or improve the school’s percentage of Needs Improvement rated instructional personnel from the percentage reported; and

5. The request includes a description of the services that will be implemented to ensure the sustainability of improvement in the next year and beyond.

(b) The State Board of Education shall approve a district’s request for additional time to implement its Turnaround Option Plan when a school district:

1. Meets the requirements set forth in paragraph (17)(a) of this rule; and

2. The State Board determines that the school district has demonstrated that it is more likely than not that the school will improve to a grade of at least a “C” during an extended period of implementation of the Turnaround Option Plan.

(18) Community School Improvement Grant Extension

(a) In addition to an extension request under subsection (17), a district implementing a DMT may request additional time to implement the DMT option if the request is approved by the local school board and the following conditions are met:

1. The school has been awarded a community school improvement model grant under Section 1003.64, F.S.;

2. The district provides information explaining the terms of the grant, including services and supports aimed at improving student academic performance; and

3. The district agrees to terminate the extension of DMT and select another turnaround option set forth in subparagraphs (7)(b)2.-4. of this rule upon notice from the Department of declining student performance.

(b) Relying upon the DMT plan, including amendments, the terms of the grant and any other information provided by the district, the State Board will grant the extension on an annual basis if the Board determines that the school district has demonstrated that it is more likely than not that the school is on track to improve to a grade of at least a “C” during the term of the grant.

(19) Failure to comply with the requirements of this rule will subject a district to the remedies provided in Section 1008.32, F.S.

(20) Forms. The following forms are hereby incorporated by reference: Form SI-1, Checklist (District Form) (effective December 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17255); Form SI-2, Checklist (School Form) (effective December 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17256); Form PCV-1, Principal Change Verification (effective December 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17257); Form TOP-1, District-managed Turnaround Plan-Step 1 (effective December 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17258); Form TOP-2, District-managed Turnaround Plan–Step 2 (effective December 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17259); Form TOP-1, Turnaround Option Plan-Step 1, 3-Options (effective December 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17260); Form TOP-2, Turnaround Option Plan-Step 2, Reassignment/Closure (effective December 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17261); Form TOP-2, Turnaround Option Plan-Step 2, Charter (effective December 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17262); and Form TOP-2, Turnaround Option Plan-Step 2, External Operator/Outside Entity (effective December 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17263). All forms may be obtained by contacting the BSI, Division of Public Schools, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

6A-1.099812 Education Accountability for Department of Juvenile Justice Education Programs.

6A-1.099813 Education Program Improvement Process for Department of Juvenile Justice Programs.

6A-1.099814 Principal Autonomy Program Initiative.

(1) Purpose. The purpose of this rule is to set forth the requirements for the principal autonomy pilot program pursuant to Section 1011.6202, F.S.

(2) Definitions. For the purpose of this rule, the following definitions apply:

(a) “Leadership team” means a 4-6 member team comprised of the principal and other individuals selected by the principal, such as a district administrator, school administrator, instructional coach or teacher leader.

(b) “Nationally recognized school turnaround program” means a program that has at least five (5) years of evidence-based success in improving student achievement in low performing schools.

(3) Application Process. District school boards seeking to participate in the program shall submit an application that meets the requirements of subsection (5) of this rule, to the Florida Department of Education (Department) by the December 1.

(4) Eligibility Requirements.

(a)The district must maintain a general fund ending balance that is sufficient to address normal contingencies, in accordance with Section 1011.051, F.S., and not have had its ending fund balance fall below two (2) percent during the previous three (3) fiscal years.

(b) Provide assurance that the assigned principal has earned the school principal certification, awarded pursuant to Rule 6A-4.0083, F.A.C., and has earned a highly effective rating on the prior year’s performance evaluation pursuant to Section 1012.34, F.S., at the current school site.

(5) Application Requirements. The district application, at a minimum, shall:

(a) Identify three (3) schools that received at least two (2) school grades of “D” or “F” pursuant to Section 1008.34, F.S., during the previous three (3) school years, and are not implementing a State Board of Education-approved turnaround plan under Rule 6A-1.099811, F.A.C.;

(b) For each school, include the following components:

1. The school’s mission statement;

2. The participating school’s student population;

3. A rationale for including each school in the application;

4. Description of the educational strengths and needs for student achievement growth that impact the school grade, including any achievement gaps that may exist, and identify how student achievement can be improved in these areas;

5. The methods used to identify the educational strengths and needs of the students at each participating school, and a summary of the needs assessment results;

6. Performance targets for school grade components outlined in Section 1008.34(3)(b), F.S., that will result in an improved grade of “C” or higher at each participating school by the end of the three (3) year term;

7. Identify the names, area(s) of strength, and area(s) for growth of the highly effective principal(s) assigned to each participating school;

8. Identify the names, position titles, and rationale for each member of the 4-6 person leadership team identified by each participating principal who will enroll in the school turnaround program;

9. Describe the current financial and administrative management of each participating school;

10. Describe the areas in which each participating principal will have increased fiscal and administrative autonomy, including the authority and responsibilities provided in Section 1012.28(8), F.S., that includes a rationale of how the increased autonomy will help the selected schools improve student achievement and school management;

11. Provide assurance that each participating school will receive at least ninety (90) percent of the funds generated by the school based upon the Florida Education Finance Program and General Appropriations Act pursuant to Section 1011.69(2), F.S.;

12. A description of the areas in which each participating school will continue to follow district school board fiscal and administrative policies.

(c) Identify the nationally recognized school turnaround program which the school district will utilize and provide documentation that the program:

1. Has at least five (5) years of demonstrated success increasing student achievement in low-performing schools; and,

2. Focuses on improving leadership, instructional infrastructure, talent management, and differentiated support and accountability;

(6) Application Approval Criteria. The State Board shall approve a district proposal when the proposal:

(a) Is submitted by the Department’s prescribed deadline;

(b) Fulfills the requirements of subsection (5) of this rule; and,

(c) Is found by the State Board of Education to create the conditions necessary to meet the school district’s performance goals established pursuant to paragraph (5) of this rule for each participating school.

(7) Term of Approval and Revocation.

(a) A successful district proposal shall receive approval for a period of three (3) years.

(b) If a school district fails to submit any of the requirements mandated by subsection (8) of this rule, the State Board shall, after the second request following the deadline, revoke the school district’s authorization to participate in the program.

(8) Program Reporting and Evaluation. By September 15, the school district shall submit an annual report to the Department on the implementation of the program that includes, at minimum:

(a) Progress made toward performance targets established in subparagraph (5)(b)6. of this rule;

(b) Documentation of professional development activities teachers participated in that are designed to assist the school in reaching the performance targets established in (5)(b)6. of this rule;

(c) A summary of key learnings from the nationally recognized school turnaround program and changes in teacher and leader practice or policies that resulted.

History

• Rulemaking Authority 1001.02, 1008.22, 1008.34, 1008.345 FS. Law Implemented 1008.22, 1008.34, 1008.345 FS. History–New 10-11-93, Amended 12-19-95, 3-3-97, 1-24-99, 2-2-00, 2-11-02, 12-23-03, 5-15-06, 6-19-08, 11-26-08, 11-12-09, 6-21-11, 7-16-12, 1-17-13, 5-21-13, 12-3-13, 2-9-16, 2-20-18, 7-14-21, 11-21-23, 8-27-24, 8-25-26.
• Rulemaking Authority 1001.02(2)(n), 1008.33 FS. Law Implemented 1001.42(18)(a), 1008.33, 1008.345, 1012.2315 FS. History–New 8-11-10, Amended 8-6-13, 12-23-14, 8-21-18, 10-24-19, 2-21-23, 8-22-23, 12-24-24.
• Rulemaking Authority 1001.02(2)(n), 1003.52(16), (21) FS. Law Implemented 1003.52 FS. History–New 10-18-18, Amended 10-27-20, Repealed 8-27-24.
• Rulemaking Authority 1001.02(2)(n), 1003.51(2), 1003.52(16) FS. Law Implemented 1003.51, 1003.52 FS. History–New 12-30-20, Repealed 8-27-24.
• Rulemaking Authority 1011.6202 FS. Law Implemented 1011.6202 FS. History–New 2-20-17, Amended 8-21-18.

Fla. Admin. Code R. 6A-1.09982 Reporting Requirements for School Improvement and Accountability

6A-1.099822 School Improvement Rating for Alternative Schools.

(1) Purpose. The purpose of this rule is to provide the definitions and policies for school improvement ratings as required in Sections 1008.34 and 1008.341, F.S.

(2) Definitions. For the purposes of this rule, the following definitions shall apply:

(a) “Alternative schools.” For purposes of school accountability improvement ratings, an alternative school is any school that provides dropout prevention and academic intervention services pursuant to Section 1003.53, F.S.

(b) “Exceptional Student Education (ESE) Center School” means exceptional student education center schools as defined in Rule 6A-1.099828, F.A.C.

(c) “Department of Juvenile Justice (DJJ) education program” means a program operated by or under contract with the Department of Juvenile Justice that provides educational services to students receiving detention, prevention, or day treatment services as defined in Section 985.03, F.S.

(d) “Learning gains” means learning gains calculated based on the provisions of Rule 6A-1.09981, F.A.C., except retake assessments for the statewide standardized end-of-course and grade 10 English Language Arts assessments shall be included in the calculation when first-time statewide standardized assessments are not available for a student. For grades 9 through 12, “first-time” designates an assessment that is administered to a student for the first time during enrollment in high school (grades 9 through 12). In addition, concordant and comparison scores as identified in Rule 6A-1.09422(8), F.A.C., may be used to demonstrate learning gains for students in grades 9 through 12 who scored at Achievement Levels 1 or 2 in the prior year in the same subject area.

(3) School Improvement Rating Framework.

(a) Prior to the calculation of school improvement ratings for alternative schools, as described in this rule, the Department of Education will annually identify alternative schools based on the information submitted by school districts.

1. Districts will be given two (2) weeks to submit recommended additions and deletions to the Department through the Master School Identification information change process described in Rule 6A-1.0016, F.A.C.

(b) Schools identified as alternative schools, ESE Center schools, and DJJ education programs have the option of earning a school grade, pursuant to Section 1008.34, F.S., or a school improvement rating, as outlined in subsection (4) of this rule. Each alternative school identified as described in paragraph (2)(a) of this rule, ESE Center school identified pursuant to Rule 6A-1.099828, F.A.C., and DJJ education program identified as described in paragraph (2)(c) of this rule shall indicate whether it chooses to receive a school grade or a school improvement rating. Schools that do not indicate a choice will receive a school improvement rating.

(c) Each alternative school, ESE Center school, or DJJ education program that does not choose to receive a school grade shall be assigned a school improvement rating of Commendable, Maintaining, or Unsatisfactory annually based on the provisions of this rule.

(d) To ensure that student data accurately represent school performance, schools shall assess at least eighty (80) percent of their eligible students to qualify for a school improvement rating. If a school tests less than ninety (90) percent of its students, the school may not earn a rating higher than Maintaining.

(e) Eligible students for determining the percent tested. The percent-tested calculation shall be based on the count of students who were enrolled during the third period full-time equivalent (FTE) student membership survey as specified in Rule 6A-1.0451, F.A.C., and who were also enrolled at the time of statewide standardized testing.

(f) A school shall receive a rating based solely on the components for which it has sufficient data to perform the calculation. Sufficient data exists when at least ten (10) students are eligible for inclusion in the calculation of the component. If a school does not have sufficient data to calculate a measure, that measure shall not be calculated for the school. If a school does not have sufficient data to receive a rating for three (3) consecutive years, then in the third year the school will receive a rating based on the most recent three (3) years of data.

(4) School Improvement Rating System.

(a) The school improvement rating system shall include the following components for all alternative schools, ESE Center schools, and DJJ education programs selecting to receive a school improvement rating.

1. Learning gains in English Language Arts. The percentage of students enrolled in the second or third period full-time equivalent (FTE) student membership surveys as specified in Rule 6A-1.0451, F.A.C., and were tested, who demonstrate learning gains in English Language Arts as defined in paragraph 6A-1.09981(2)(b), F.A.C.

2. Learning gains in Mathematics. The percentage of students enrolled in the second or third period full-time equivalent (FTE) student membership surveys as specified in Rule 6A-1.0451, F.A.C., and were tested, who demonstrate learning gains in Mathematics (on the statewide standardized Mathematics assessment for grades 3 through 8, Algebra 1, and Geometry), as defined in paragraph 6A-1.09981(2)(b), F.A.C.

(b) Procedures for calculating school improvement ratings.

1. The overall school improvement rating of Commendable, Maintaining, or Unsatisfactory as designated in section 1008.341(2), F.S., shall be calculated based on the percentage of possible points earned by each school for the components applicable to the individual school. In the calculation of the school’s improvement rating, 100 points are available for each component with sufficient data, with one (1) point earned for each percentage of students meeting the criteria for the component. The points earned for each component shall be expressed as whole numbers by rounding the percentages. Percentages with a value of .5 or greater will be rounded up to the nearest whole number, and percentages with a value of less than .5 will be rounded down to the nearest whole number. The school’s improvement rating is determined by summing the earned points for each component and dividing this sum by the total number of available points for all components with sufficient data. The percentage resulting from this calculation shall be expressed as a whole number using the rounding convention described in this subparagraph.

2. School improvement ratings shall be assigned to schools based on the percentage of total applicable points earned as follows:

a. Fifty (50) percent of total applicable points or higher equals a rating of Commendable;

b. Twenty-six (26) to forty-nine (49) percent of total applicable points equals a rating of Maintaining; and,

c. Twenty-five (25) percent of total applicable points or less equals a rating of Unsatisfactory.

(5) Notwithstanding paragraph (3)(c), of this rule, the provisions of subsections 6A-1.09981(6) and (7), F.A.C. shall apply to school improvement ratings except that the provisions of subparagraphs (6)(a)1. and (7)(f)2., regarding the percent of students tested at the school, is applicable when the percent of students tested at the school is less than eighty (80) percent of the school’s eligible student population.

6A-1.099823 Performance Standards for Children Participating in the Voluntary Prekindergarten (VPK) Education Program.

History

• Rulemaking Authority 229.592(3)(e), (5), 230.23(18)(e) FS. Law Implemented 229.591(3), 229.592(3)(e), (5), 230.23(18)(e) FS. History–New 9-27-93, Amended 8-13-96, Repealed 1-7-16.
• Rulemaking Authority 1001.02, 1008.34, 1008.341 FS. Law Implemented 1008.34, 1008.341, 1008.3415 FS. History–New 4-14-08, Amended 6-22-09, 4-8-12, 11-13-12, 11-19-13, 10-30-16, 2-20-18, 8-27-24.
• Rulemaking Authority 1002.79 FS. Law Implemented 1002.67(1) FS. History–New 7-25-07, Amended 9-22-08, 11-22-11, Transferred to 6M-8.602.

Fla. Admin. Code R. 6A-1.09983 Fees for Programs and Classes Not Part of Required Public Schools

Each school board may authorize fees in support of the schools and programs that are established pursuant to Section 1000.04(1), F.S. Such fees shall be set in amounts which will recover the cost of providing such programs after deducting any state and federal funding provided for the programs. All fees established by the school board pursuant to this rule and to the fee authority granted by Section 1000.01, F.S., shall be paid to the district school board and included with program expenditures in the board’s budgetary accounts.

6A-1.099824 Voluntary Prekindergarten (VPK) Provider Placed on Probation Good Cause Exemption.

6A-1.099825 Voluntary Prekindergarten (VPK) Curriculum Approval Process.

6A-1.099826 VPK Staff Development Plan for Providers on Probation.

6A-1.099827 Charter School Corrective Action and School Improvement Plans.

(1) Required Plans.

(a) A charter school that receives a school grade of “D” or “F” pursuant to Section 1008.34(2), F.S., must develop and submit a school improvement plan to its sponsor.

(b) A charter school that earns three (3) consecutive grades below a “C” must submit to its sponsor a school improvement plan that includes one of the corrective actions listed in subsection (6) of this rule.

(2) Notifications.

(a) Upon release of school grades the Department of Education will publish a list of charter schools that meet the criteria in subsection (1) of this rule. The list will be published at http://www.fldoe.org/schools/schools-choice/charter-schools/. Upon publication of the list by the Department of Education, a sponsor shall notify, in writing, each charter school in its district that is required to appear before the sponsor and submit a school improvement plan pursuant to subsection (1) of this rule. The notification shall include the following:

1. The date, time, and location of the publicly noticed meeting that the director and a representative of the Charter School Governing Board shall appear before the sponsor. For the purposes of this rule the term “Director” shall mean charter school director, principal, chief executive officer or other management personnel with similar authority. The appearance shall be no earlier than thirty (30) calendar days and no later than ninety (90) calendar days after notification is received by the school,

2. The date by which the school must submit its proposed school improvement plan to sponsor staff for review which shall be no earlier than thirty (30) calendar days after notification is received by school; and,

3. Whether the school is required to select a corrective action pursuant to paragraph (1)(b) of this rule.

(b) Notifications may be delivered electronically with proof of receipt.

(3) Appearances.

(a) Upon receipt of notification pursuant to subsection (2) of this rule, the director and a representative of the governing board shall appear before the sponsor at the publicly noticed meeting.

(b) The director and governing board representative shall present to the sponsor a school improvement plan that includes, at a minimum, the components identified in subsection (4) of this rule.

(4) School Improvement Plans.

(a) A charter school that receives a school grade of “D” or “F”, but is not subject to corrective action pursuant to paragraph (1)(b) of this rule, shall submit to its sponsor a school improvement plan that includes, at a minimum, the following components:

1. Mission statement of school,

2. Academic data for most recent three (3) years, if available,

3. Student achievement objectives included in the charter contract or most recent sponsor approved school improvement plan,

4. Analysis of student performance data including academic performance by each subgroup,

5. Detailed plan for addressing each identified deficiency in student performance, including specific actions, person responsible, resources needed, and timeline,

6. Identification of each component of school’s approved educational program that has not been implemented as described in the school’s approved charter application or charter contract,

7. Detailed plan for addressing each identified deficiency noted in subparagraph (4)(a)6. of this rule, including specific actions, person responsible, resources needed, and timeline,

8. Identification of other barriers to student success, with a detailed plan for addressing each barrier including specific actions, person responsible, resources needed, and timeline; and,

9. Specific student achievement outcomes to be achieved.

(b) A charter school that is subject to corrective action pursuant to paragraph (1)(b) of this rule, shall submit to its sponsor a school improvement plan that includes, at a minimum, each of the components listed in paragraph (4)(a) of this rule, and the following:

1. Governing board resolution selecting one of the corrective action options pursuant to subsection (6) of this rule,

2. A detailed implementation timeline; and,

3. A charter school may submit as part of its school improvement plan a request to waive the requirement to implement a corrective action. The waiver request must include information that demonstrates that the school is likely to improve a letter grade if additional time is provided to implement the strategies included in the school improvement plan.

(c) A charter school subject to the school improvement measures in paragraph (4)(a) or (4)(b) must develop and implement procedures to seek and consider input from the school community or other stakeholders during the development and implementation of a school improvement plan.

(5) Approvals.

(a) A sponsor shall approve or deny a school improvement plan submitted pursuant to subsection (4) of this rule. The sponsor shall notify the charter school in writing within ten (10) calendar days of its decision to approve or deny the school improvement plan.

(b) A sponsor may deny a school improvement plan if it does not comply with subsection (4) of this rule. If denied, the sponsor shall provide the charter school, in writing, the specific reasons for denial and the timeline for resubmission.

(c) A charter school or sponsor may request mediation pursuant to Section 1002.33(6), F.S., if the parties cannot agree on a school improvement plan.

(6) Corrective Actions.

(a) Upon meeting one of the conditions in paragraph (1)(b) of this rule, and receiving notification pursuant to subsection (2) of this rule, a charter school governing board shall select one of the following corrective actions for implementation the following school year:

1. Contract for educational services to be provided directly to students, instructional personnel, and school administrators. The charter school may select an Education Management Organization or Academic Management Organization to provide services to charter school students, teachers, and administrators, including services such as, but not limited to, instructional coaching, curriculum review and alignment, and data literacy,

2. Contract with an outside entity that has a demonstrated record of effectiveness to operate the school,

3. Reorganize the school under a new director or principal who is authorized to hire new staff,

4. Voluntarily close.

(b) The selection of the corrective action shall be made by the governing board and is not subject to sponsor approval.

(c) A charter school is no longer required to implement a corrective action if it improves to a “C” or higher, but must continue to implement the strategies identified in the school improvement plan.

(d) A charter school implementing a corrective action that does not improve to a “C” or higher after two (2) full school years of implementation must select a different corrective action to be implemented in the next school year unless the sponsor determines that the charter school is likely to improve a letter grade if additional time is provided.

(7) Monitoring.

(a) Sponsors shall monitor the implementation of school improvement plans.

(b) Annually, the sponsor shall notify, in writing, each charter school implementing a school improvement plan of the requirement to appear before the sponsor to present information regarding the progress of the approved school improvement plan. The notification shall include the date, time, and location of the publicly noticed meeting at which the director and a representative of the charter school shall appear.

(8) Waivers of Termination.

(a) The State Board of Education may waive termination for a charter school that has received two (2) consecutive grades of “F” if the charter school demonstrates that the learning gains of its students on statewide assessments are comparable to or better than the learning gains of similarly situated students enrolled in nearby district public schools. The waiver is valid for one (1) year and may only be granted once.

(b) No later than fifteen (15) days after the Department’s official release of school grades, the governing board of a charter school that has received two (2) consecutive grades of “F” may submit a request to the State Board of Education for a waiver of termination. Charter schools that have been in operation for more than five (5) years are not eligible for a waiver.

(c) The charter school shall submit ten (10) hard copies of the waiver request to the Agency Clerk for the Department of Education, 325 West Gaines Street, Room 1520, Tallahassee, Florida 32399-0400.

(d) The charter school shall certify that it has provided the district school board a copy of the waiver request as provided herein by filing a certificate of service with the Agency Clerk stating the person and address to which the copy was provided and the date of mailing or other transmittal.

(e) The waiver request shall not exceed five (5) pages. Information provided beyond the five (5) page maximum will not be discussed nor considered by the State Board of Education. The waiver request shall be on 8 1/2 x 11 inch paper, double spaced, except quoted material and footnotes. Typewritten text, including footnotes must be no smaller than ten (10) pitch spacing, and there must be no more than twenty-six (26) lines of text per paper. Margins shall be no less than one (1) inch at the top, bottom, left and right.

(f) The waiver request must include the name of the school, the Master School Identification Number, and the physical address of the school. The waiver request must be signed by the chair of the charter school governing board and include a certification that the governing board voted at a duly noticed public meeting to support the submission of the waiver request.

(g) In determining whether to grant a waiver the State Board of Education shall review student achievement data provided by the Department of Education and shall provide such data to the charter school and the sponsor no later than seven (7) calendar days prior to the State Board meeting at which the waiver request is to be considered. Analysis of student learning gains data must be based on comparisons between students enrolled in the charter school and similarly situated students enrolled in nearby district public schools and may include such factors as prior performance on state assessments, disability status, and English language learner status. Nearby district public schools shall include the three (3) geographically closest district public schools with similarly situated students. If three such schools do not exist within the school district the comparison may include less than three.

(h) The State Board of Education shall approve or deny the request.

(i) The filing of a timely waiver request under this rule that complies with the requirements in paragraphs (8)(b), (d) and (f) of this rule shall automatically stay any pending termination of the charter school requesting the waiver until such time as the State Board of Education has ruled on the waiver request.

6A-1.0998271 Schools of Hope.

(1) Definitions: For the purpose of this rule, the following definitions apply.

(a) “Department” means the Florida Department of Education.

(b) “Entity” means a non-profit organization with tax exempt status under s. 501(c)(3) of the Internal Revenue Code that operates three (3) or more public charter schools that serve students in grades K-12 in Florida or other states with a record of serving students from low-income families.

(c) “Charter School Growth Fund” means the non-profit entity Charter Fund Inc., dba Charter School Growth Fund, whose federal employer identification number is 05-0620063.

(d) “National Fund” means the fund established in 2005 by the Charter School Growth Fund to accelerate the growth of the nation’s best charter schools.

(e) “Hope Operator” means an entity that has been designated by the State Board of Education as a Hope Operator pursuant to Section 1002.333(2), F.S.

(f) “Excess seats” means the difference between a facility’s total student stations and the facility’s total capital outlay full-time equivalent (COFTE) student enrollment according to the most recent student survey data. For purposes of determining whether a facility is an underused, vacant or surplus facility, Projected SOH Enrollment for a School of Hope that has submitted an approved SOH Notice of Intent for that facility shall not be deemed to be excess seats.

(g) “Projected SOH Enrollment” means the number of students that a Hope Operator projects for enrollment at a School of Hope following the first five years of its operations in a particular facility.

(h) “Underused, vacant or surplus facility” means an entire facility or portion thereof that is not fully used or is used irregularly or intermittently by the district for instructional or program use.

(i) “Fully used” means a facility that is using at least 90 percent or more of its student stations.

(j) “Vacant and Underused Facilities Report” means the report described in paragraph (5)(a).

(k) “Sponsor” means the district, Florida College System institution or state university that is the sponsor or authorizer of a School of Hope.

(l) “Florida Opportunity Zone” means a population census tract that has been designated by the United States Department of the Treasury as a Qualified Opportunity Zone pursuant to s. 1400Z-1(b)(1)(B) of the Internal Revenue Code.

(m) “Business day” means Monday through Friday, excluding legal holidays pursuant to Section 683.01, F.S., and days in which the district is closed due to a natural disaster.

(n) “Facility Utilization Rate” means the total capital outlay full-time equivalent (COFTE) student enrollment divided by the facility’s total student stations pursuant to the most recent Florida Inventory of School Houses (FISH) report. Solely for the purpose of this calculation, students receiving Level IV or Level V supports through an individual educational plan who are educated in a self-contained classroom for exceptional student education at least 50 percent of the instructional day, shall account for 2.0 COFTE student enrollment.

(2) Process for designation as a Hope Operator.

(a) An entity may apply to the State Board of Education to request the Hope Operator designation.

(b) An entity shall be designated as a Hope Operator if it submits a complete application and meets the following criteria:

1. The achievement of enrolled students exceeds the district and state averages of the states in which the operator’s schools operate;

2. The average college attendance rate at all high schools currently operated by the operator exceeds 80 percent;

3. The percentage of students eligible for a free or reduced price lunch under the National School Lunch Act enrolled at all schools currently operated by the operator exceeds 70 percent;

4. The operator is in good standing with the authorizer in each state in which it operates;

5. The audited financial statements of the operator are free of material misstatements and ongoing concerns.

(c) In addition to meeting the criteria in paragraph (b), an entity must meet at least one of the following criteria:

1. The entity was awarded a United States Department of Education Charter School Program grant for the Replication and Expansion of High-Quality Charter Schools pursuant to Title IV, Part C of the Elementary and Secondary Education Act of 1965 as amended by the Every Student Succeeds Act (20 U.S.C. 7221-7221j) within the preceding three (3) years from the date the entity submits an application to the Department.

2. The entity has a current and active grant award for funding through the National Fund of the Charter School Growth Fund.

3. The entity is a non-profit charter school that is selected by a district school board to turnaround the performance of a low-performing public school pursuant to Section 1008.33, F.S.

(d) An entity requesting the Hope Operator designation must complete and submit form SOH1, Application for Hope Operator Designation, hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-09075) effective February 2018, and all required supporting documentation identified in form SOH1, to the Department at the address in subsection (8) of this rule. Form SOH1 may be obtained electronically on the Department of Education’s website at http://www.floridaschoolschoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(e) Upon receipt of the Application for Hope Operator Designation, the Department shall review and verify the information and may request additional information necessary for verification purposes. The Department shall provide written notice to the entity indicating the status of the application and the date of the State Board of Education meeting at which the State Board will consider the application.

(f) Upon the State Board of Education voting to designate the entity as a Hope Operator, the Department shall provide official notice to the entity of such designation. If the Application for Hope Operator Designation is denied, the State Board of Education shall articulate in writing the specific reasons supporting its denial of the application and shall provide the letter of denial to the entity.

(3) Establishing a School of Hope. An entity that has been designated as a Hope Operator pursuant to Section 1002.333(2), F.S., and subsection (2) of this rule may establish a School of Hope in a Florida Opportunity Zone or in the attendance zone or within a five (5) mile radius of a school identified as a persistently low-performing public school pursuant to Section 1002.333, F.S. A School of Hope may be located outside of a Florida Opportunity Zone or persistently low-performing school attendance zone in the nearest suitable underused, vacant or surplus facility if the district does not have such a facility available for the Hope Operator to use within a Florida Opportunity Zone or persistently low-performing school attendance zone. Students from persistently low-performing schools and students residing in a Florida Opportunity Zone shall be exempt from any enrollment lottery to the extent permitted by federal grant requirements. The School of Hope must be located in the same school district as the Notice of Intent is filed. To establish a School of Hope, the Hope Operator must:

(a) Complete form SOH2, School of Hope Notice of Intent (http://www.flrules.org/Gateway/reference.asp?No=Ref-09076), hereby incorporated by reference and effective February 2018.

(b) Complete the designated sections of form SOH3, School of Hope Performance-based Agreement (PBA) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09077), hereby incorporated by reference and effective February 2018. The designated sections of form SOH3, School of Hope Performance-based Agreement, which are to be completed by the Hope Operator, are shaded and marked with brackets. Forms SOH2 and SOH3 may be obtained electronically on the Department of Education’s website at http://www.floridaschoolschoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(c) At least four (4) months prior to the anticipated opening date, submit the completed Notice of Intent and School of Hope Performance-based Agreement forms to the Sponsor and, if the Sponsor is a Florida College System institution or state university, a Notice of Intent to the Superintendent of the school district in which the persistently low-performing school has been identified by the Department. The forms shall be either hand delivered or sent certified mail with a return receipt requested. The entity shall provide a copy of the completed forms to the Department at the same time they are submitted to the Superintendent. The forms may be provided to the Department electronically or via regular mail at the address in subsection (11) of this rule.

(d) Within ten (10) business days of receipt of the Notice of Intent and School of Hope Performance-based Agreement forms, the school district shall notify the Hope Operator of any errors or omissions in the notice and PBA and afford the Hope Operator ten (10) business days to complete and resubmit the forms. Errors or omission of an element by a Hope Operator shall not provide a school district any relief from its obligation to enter a Performance-based Agreement unless identified as provided in this paragraph.

(e) Upon receipt of the Notice of Intent and PBA as provided in paragraph (d), the school district shall send the Hope Operator and the Department a notice of the date of receipt, which shall serve as the date when the sixty-day period to enter into a School of Hope Performance-based Agreement begins.

(4) Performance-Based Agreement. Upon receipt of a complete Notice of Intent and draft School of Hope Performance-based Agreement form from an entity that has been designated by the State Board of Education as a Hope Operator, the District shall enter into a performance-based agreement with the entity within sixty (60) days to open one or more public Schools of Hope to serve students from persistently low-performing schools.

(a) If the District proposes revisions to the Performance-based Agreement submitted by the Hope Operator, it shall indicate such proposed revisions with strike-through text for proposed deletions and underlined text for proposed additions. All proposed revisions must be consistent with the requirements in Section 1002.333(5), F.S.

(b) Upon execution of the performance-based agreement, the District shall provide a copy of the agreement to the entity and to the Department within ten (10) business days.

(c) If the District fails to enter into a performance-based agreement with the Hope Operator within sixty (60) days the district shall reduce the administrative fees withheld pursuant to Section 1002.33(20), F.S. as directed by Section 1002.333(8), F.S.

(d) The Hope Operator or school district may petition the State Board of Education for dispute resolution if the parties fail to enter into a PBA at least sixty (60) days after submission of the Notice of Intent pursuant to paragraph (7)(a) of this rule.

(e) The performance-based agreement may be amended if both parties mutually agree to the amended terms. The amended performance-based agreement must include the signatures of both parties.

(5) Underused, vacant or surplus facility reports and facility access.

(a) Vacant and Underused Facilities Report. By February 1 of each year, school districts must provide the Department with the following information pertaining to their underused, vacant or surplus facilities:

1. The number of classrooms, student stations and administrative spaces;

2. The number of full-time equivalent students;

3. Information such as size and capacity for shared spaces such as gym, cafeteria, auditorium; and

4. Any other available information regarding school building usage.

(b) In accordance with Section 1002.333(7)(d), F.S., the Department shall publish a final, corrected list of underused, vacant or surplus facilities by April 1 of each year.

(c) Floor Plans. The district shall provide floor plans via secure method for any underused, vacant or surplus facility to a Hope Operator that makes a request for such within ten (10) business days of receipt of the request.

(d) Facility Access. Each district must permit a Hope Operator access to any underused, vacant or surplus facility before or after regular school hours within five (5) business days from receipt of a Hope Operator’s written request for purposes including:

1. To tour the facility in order to evaluate the facility’s suitability for a School of Hope; and

2. For planning repairs, maintenance, renovations and other purposes on an ongoing basis associated with opening and maintaining a School of Hope. All personnel responsible for the repairs, maintenance, and renovations of the school building must undergo a Level 2 background screening pursuant to s. 435.04, F.S.

(e) For the purpose of identifying facilities for potential use or shared use by a School of Hope, a facility is deemed eligible if, at the time the School of Hope Building Notice is submitted, it meets at least one of the following:

1. A Facility Utilization Rate that is no more than 75 percent; or

2. A surplus of at least 400 student stations.

(f) A School of Hope may not co-locate at a facility that first received occupancy, or was first placed into service, within the previous four (4) years.

(6) Facility selection, space allocation, and use.

(a) Facility Use and Support Services. A district must permit a School of Hope to use underused, vacant or surplus district facilities and to receive facility-related services.

1. A Hope Operator that intends to submit a School of Hope Notice of Intent and locate a School of Hope in an underused, vacant or surplus facility shall submit a letter (the “School of Hope Building Notice”) to the Superintendent of the district where the facility is located and a copy of that letter to the Department at least one year and no more than two years prior to the planned opening of the School of Hope. The letter shall include:

a. The underused, vacant or surplus facility (along with proposed alternatives, at the Hope Operator’s discretion) at which the Hope Operator wishes to locate the school;

b. Projected SOH Enrollment for such facility;

c. At the election of the Hope Operator, a preliminary proposal for space allocation within the building, taking into consideration the Projected SOH Seats;

d. The identification of the applicable low-performing school or opportunity zone; and

e. An attestation from the Hope Operator that the operator intends to open a School of Hope at the identified facility and the notice is not speculative or filed for the purpose of restricting access to available facilities. The attestation must include the following documentation:

(I) A governing board resolution authorizing the proposed site and affirming the intent to open at the facility; and

(II) A draft of the staffing and enrollment plan for the site that includes projected grade levels to be served and anticipated enrollment by grade. This draft must conform to a form prescribed by the Department.

The Building Notice may be submitted prior to the submission of a Notice of Intent. This paragraph shall not be deemed to invalidate any Building Notices that have already been accepted by a district.

2. A Hope Operator may not submit more than five (5) School of Hope Building Notices in a twelve (12) month period statewide. If a Hope Operator wishes to submit an additional notice, the Hope Operator must rescind a notice. If a Hope Operator submits more than five (5) Building Notices within a twelve (12) month period, the Department shall notify the Hope Operator and impacted districts. The Hope Operator shall have ten (10) calendar days from receiving such notice, to designate the five (5) Building Notices the Hope Operator intends to keep. If the Hope Operator does not respond to the Department, the most recent Building Notices that exceed the limit are nullified. Districts that receive a Building Notice may request confirmation from the Department that the Hope Operator has complied with the limitations in this paragraph.

3. The district has twenty (20) business days from the date of submission to provide a written objection to a School of Hope Building Notice. Such written objection may propose an alternate facility for consideration by the Hope Operator, taking into consideration the Projected SOH Enrollment and proximity to the student population the Hope Operator seeks to serve. The Hope Operator is not required to accept the alternate facility. Without objection during twenty (20) business days from the date of submission, the choice is final unless later deemed by the Department to violate the limits set forth in subparagraph 2.

4. A district may only object to a School of Hope Building Notice due to material impracticability. Should two Hope Operators submit SOH Building Notices for the same space, the space shall be awarded to the first Hope Operator to submit their Building Notice.

5. A School of Hope Building Notice must not request a facility in which the Projected SOH enrollment exceeds the excess seats set forth in the most recent public reporting published by the Department.

6. Pursuant to s. 1002.333(9)(c)-(d), F.S., the school district must permit a School of Hope to have the practical and effective use of all or part of an educational facility at no cost, which includes both the ability to occupy space and operate within the facility and to receive facilities-related services, except as expressly provided in this rule. Further, students enrolled in the School of Hope shall be included in the district’s total capital outlay full-time equivalent membership and for calculating any other maintenance funds for the facility. At the request of a School of Hope in a district-owned facility, the school district must provide the School of Hope with the same facilities-related services it provides to district-operated schools, in a manner agreed upon in the Mutual Management Plan, pursuant to paragraph (6)(c).

(b) Shared Facility Plan. Thirty (30) calendar days after the choice of underused, vacant or surplus facility is final, the Hope Operator and district must agree on a Shared Facility Plan, renewable annually, subject to amendment no later than sixty (60) calendar days before expiration of the annual term. The Shared Facility Plan must address the following:

1. Classroom Space and Administrative Space Allocation.

a. Proportionate Allocation. Classroom space, administrative space and storage space (including student lockers) in the facility must be allocated proportionately based on Projected SOH Enrollment and taking room size into consideration.

b. Contiguous Allocation. The district and Hope Operator must ensure that all schools in a building can operate in contiguous space. To the extent this requires that an existing school consolidate its operations, it must do so within ten (10) business days of the end of the prior school year.

2. Shared Common Space Usage. All common indoor and outdoor space at a facility such as cafeterias, gymnasiums, recreation areas, parking lots, storage spaces and auditoriums, without limitation, must be shared proportionately based on total full-time equivalent student enrollment. When it is necessary to schedule use of a space, space shall be scheduled proportionately such as by allowing each school to have proportional access to a cafeteria during traditional lunch hours.

(c) Mutual Management Plan. Thirty (30) calendar days after the choice of underused, vacant or surplus facility is final, the Hope Operator and district must agree on a Mutual Management Plan renewable annually, subject to amendment no later than sixty (60) calendar days before expiration of the annual term. The Mutual Management Plan shall ensure that the space to be used by the School of Hope complies with all safety and other requirements and is maintained as other facilities in the district and as necessary to meet the electrical needs of the School of Hope. District maintenance of space used by the School of Hope must be performed as timely and with as much care as other district space. If the district fails to provide space in this condition, it will reimburse the Hope Operator for fees incurred for such maintenance and ensure building access for any workers providing such services.

1. The Mutual Management Plan must include an agreement between the Hope Operator and the district for the use of facility-related services requested by the Hope Operator, including but not limited to maintenance services, school safety services, student transportation services, custodial services, nursing services, and food related services. Consistent with subparagraph (6)(a)6., this paragraph outlines the circumstances under which a school district may charge a Hope Operator for facility-related services.

a. Districts may charge a Hope Operator for the additional incremental costs of utilities resulting directly from the use of such utilities by the Hope Operator.

b. If a Hope Operator elects to receive school safety services or student transportation services from the district, the Hope Operator shall remit to the district the full amount of any state allocations specifically designated for such services, including but not limited to funds distributed through the Florida Safe Schools Allocation and the Student Transportation Allocation.

c. If a Hope Operator elects to receive custodial services, nursing services, or food related services, the district may charge the Hope Operator for the additional incremental costs for such services resulting directly from use of such services by the Hope Operator.

d. The additional incremental costs associated in subparagraphs a. and c. shall exclude costs that the district would incur regardless of the Hope Operator’s use of such services. The district must provide the Hope Operator with an estimate of the anticipated additional incremental costs applicable to the services provided to the Hope Operator. Upon request by the Hope Operator, the district must provide the methodology and supporting documentation used to calculate the district’s actual, reasonable costs to provide such services to the Hope Operator.

e. The district and Hope Operator, in lieu of the costs calculated in subparagraph d., may agree to a fixed amount per student. The fixed amount shall be less than the estimated costs calculated in subparagraph d.

2. The Hope Operator and the district must agree on the additional incremental costs to be remitted to the school district by the Hope Operator; however, if the parties do not reach an agreement, the dispute shall be resolved pursuant to the dispute resolution provisions applicable to the Mutual Management Plan.

3. The Mutual Management Plan must require a School of Hope to comply with school safety requirements that are applicable to charter schools, including but not limited to emergency planning, security procedures, and school safety assessments. If the School of Hope is co-located with another school, the Mutual Management Plan must include coordination with the district’s safety and emergency procedures for the shared campus, including access to control procedures, emergency drills and procedures, reunification plans, threat management coordination, and incident reporting. Nothing in the Mutual Management Plan requires disclosure of confidential or exempt information, as provided for in law.

(7) Dispute resolution between districts and Hope Operators relating to an SOH Building Notice, Shared Facility Plan, Mutual Management Plan, Performance Based Agreement or Annual Building Report.

(a) Either a district or Hope Operator may request that the Commissioner appoint a special magistrate to resolve a dispute relating to an SOH Building Notice, Shared Facility Plan, Mutual Management Plan, Performance Based Agreement or a contract between the district and Hope Operator under s. 1008.33, F.S. Such request shall be copied to the other party to the dispute and shall include an evidentiary submission. The Commissioner will appoint the special magistrate within twenty (20) days of the date of request.

(b) The non-initiating party may submit a response within twenty (20) calendar days of the special magistrate’s appointment.

(c) The initiating party may then submit a reply within twenty (20) calendar days of the non-initiating party’s filing or waive the right to do so.

(d) The special magistrate may hold an evidentiary hearing if necessary or decline to do so, within forty-five (45) calendar days of the special magistrate’s appointment, and will submit its recommended order to the Commissioner within fifteen (15) calendar days of the date of the hearing or its decision not to hold one.

(e) The Commissioner shall provide a recommended order to the State Board of Education within fifteen (15) calendar days after receipt of the special magistrate’s recommended order.

(f) The State Board of Education must approve or reject the recommended order at its next regular meeting that is more than eight (8) calendar days from the transmission of the recommended order.

(8) This rule does not create a legal right to a performance based agreement with the State Board of Education.

(9) School of Hope Funds. A School of Hope may only receive School of Hope funds after its first five (5) years of operation if the School of Hope meets the performance metrics outlined below. Funds received based upon performance may be used for any operational expenditures, including those associated with facility-related services paid to the school district.

(a) The Department shall calculate School Grades pursuant to s. 1008.34, F.S., and Rule 6A-1.09981, F.A.C. This data shall be used for determining eligibility for School of Hope funds beginning in the school’s sixth year of operation and thereafter.

(b) A School of Hope shall initially qualify to receive School of Hope funds in its sixth year of operation or in a subsequent year of operation if, at any time during its most recent two years of operation:

1. It would have been in the top 7 percent of Title I-eligible district schools statewide of the same school type (i.e., elementary, middle, high, or combination) on the English Language Arts (ELA) Achievement component of School Grades, as defined in Rule 6A-1.09981, F.A.C., in at least one school year; and

2. It would have been in the top 7 percent of Title I-eligible district schools statewide of the same school type (i.e., elementary, middle, high, or combination) on the Mathematics Achievement component of School Grades, as defined in Rule 6A-1.09981, F.A.C., in at least one school year.

(c) The thresholds may be met in different school years within the two-year window.

(d) Continuation of Eligibility and Provisional Status.

1. Once a School of Hope meets the standard as described in paragraphs (b) and (c), it shall continue to receive School of Hope funds each subsequent school year unless it falls below the top 7 percent in either of the components listed in paragraph (b) in the most recent school year.

2. If the school falls below the top 7 percent in either of the components listed in paragraph (b) in the most recent school year, it shall be placed in provisional status for that component for the subsequent school year. A School of Hope in provisional status in a component remains eligible to receive School of Hope funds during the provisional status year.

3. Provisional status is tracked separately for each component and does not affect funding eligibility based on the other components.

(e) Loss and Reinstatement of Eligibility.

1. If the School of Hope fails to meet the top 7 percent standard in a component by the end of its provisional status school year for that component, it shall be ineligible to receive School of Hope funds for the following school year until it meets the standard in both components again in the same school year.

2. Regaining the standard in a component during a school year restores eligibility for that component for the subsequent school year, but funding will resume only when both components meet the standard in the same school year.

(f) Applicable Assessments. The applicable assessments are:

1. The grade 4 statewide standardized ELA reading and mathematics assessments for elementary schools.

2. The grade 7 statewide standardized ELA reading and mathematics assessments for middle schools.

3. The grade 10 statewide standardized ELA reading and the Algebra 1 end-of-course (EOC) assessment for high schools.

If the students of a high school generally take the Algebra 1 EOC assessment while enrolled in a middle school operated by the same Hope Operator, student performance on such exam at the middle school shall be used in place of high-school-level results on such exam for purposes of the high school’s eligibility under this section.

(10) A Hope Operator shall have secure access to the student information system in the school district in which a School of Hope is located.

(11) Forms or documentation submitted to the Department should be submitted electronically to HopeSchools@Fldoe.org or mailed to the Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 1044, Tallahassee, Florida, 32399.

6A-1.099828 School Accountability for Exceptional Student Education (ESE) Center Schools.

(1) Purpose. The purpose of this rule is to implement the requirements of Section 1008.3415, F.S.

(2) Definitions. The following definitions apply in this rule:

(a) “Emergent” means a student who scores at Level 1 or 2 on the Florida Alternate Assessments as set out in Rule 6A-1.09430, F.A.C.

(b) “Exceptional Student Education (ESE) Center School” means, for accountability purposes, a school specifically designed to meet the needs of students with disabilities, that has a unique master school identification number assigned under Rule 6A-1.0016, F.A.C., and in which all students in attendance in grades K-12 are identified as students with a disability on student demographic records submitted by Florida school districts during the October (Survey 2) FTE reporting period as specified in Rule 6A-1.0451, F.A.C.; and a special day school as defined in Rule 6A-6.0311, F.A.C., where all students in attendance in K-12 are students with disabilities as indicated in Section 1007.02, F.S.

(c) “Home school” means the school in which the student would be enrolled if not enrolled in the ESE center school.

(3) ESE Center School List.

(a) Annually, the Department of Education will provide each district with a list of schools identified as ESE center schools.

(b) Prior to calculation of school improvement ratings under Rule 6A-1.099822, F.A.C., and school grades under Rule 6A-1.09981, F.A.C., school districts will be provided the opportunity to submit additions to and deletions from the ESE center school list. Documentation required to make an addition or deletion to the list shall include:

1. Statement of the current mission of the school;

2. Description of the targeted student population;

3. Explanation of enrollment procedures; and,

4. Verification by the superintendent that the school meets the criteria for ESE center schools described in paragraph (2)(b) of this rule.

(4) An ESE center school shall have the option of earning a school grade, pursuant to Section 1008.34, F.S., and Rule 6A-1.09981, F.A.C., or a school improvement rating, pursuant to Section 1008.341, F.S. and Rule 6A-1.099822, F.A.C.

(5) An ESE center school’s grade or school improvement rating shall be calculated by the Department of Education based upon the statutes and rules noted in subsection (4) of this rule, except for the following: the achievement scores and learning gains of a student who has not been enrolled in a public school within the district other than an ESE center school for grades K-12 shall not be included in the calculation of the home school’s grade if the student scores as emergent.

(6) School districts shall annually report to the Department of Education during student membership survey 3 as specified in Rule 6A-1.0451, F.A.C., the home school of each student enrolled in an ESE center school.

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1000.01(4), 1000.04(1) FS. History–New 8-15-94.
• Rulemaking Authority 1002.73(2), 1002.69(7) FS. Law Implemented 1002.67(4), 1002.69(7) FS. History–New 3-24-11, Amended 5-10-12, Transferred to 6M-8.603.
• Rulemaking Authority 1002.67, 1002.79 FS. Law Implemented 1002.67 FS. History–New 11-22-12, Transferred to 6M-8.604.
• Rulemaking Authority 1002.67(4)(c)2., 3., 1002.79 FS. Law Implemented 1002.67 FS. History–New 8-21-12, Transferred to 6M-8.605.
• Rulemaking Authority 1002.33 FS. Law Implemented 1002.33(9) FS. History–New 8-21-12, Amended 10-22-13, 12-20-16, 10-17-17, 11-21-23.
• Rulemaking Authority 1002.333(13) FS. Law Implemented 1002.333 FS. History–New 2-20-18, Amended 10-28-25, 3-26-26.
• Rulemaking Authority 1001.02(1), (2), 1008.34, 1008.341, 1008.3415 FS. Law Implemented 1008.34, 1008.341, 1008.3415 FS. History–New 12-3-13, 2-20-18.

Fla. Admin. Code R. 6A-1.0999 Purple Star School of Distinction and Purple Star School District Designations

(1) Purpose. The purpose of this rule is to establish the criteria and application process for Florida’s Purple Star School of Distinction Designation, which is awarded to schools that demonstrate a commitment to or provide critical transition supports for military-connected families, as provided in Section 1003.051, F.S., and Florida’s Purple Star School District Designation, which is awarded to school districts that demonstrate a commitment to or provide critical coordination of services for military students and their families, as provided in Section 1003.052, F.S.

(2) Definitions.

(a) “Military Student” means a student as defined in Section 1003.051(1), F.S.

(b) “Purple Star School of Distinction” means a school approved by the Department that meets the criteria established in Section 1003.051, F.S., and this rule.

(c) “School” means a public school, as defined in Section 1003.01(2), F.S., a charter school, as defined in Section 1002.33, F.S., or a private school participating in a state scholarship program under Chapter 1002, F.S.

(d) “Purple Star School District” means a district approved by the Department that meets the criteria established in Section 1003.052, F.S., and this rule.

(3) Schools must meet the following criteria in order to earn the designation as a Purple Star School of Distinction:

(a) Military Point of Contact (MPOC). Each school must designate a school counselor, teacher, principal, or assistant principal as the MPOC. MPOCs are responsible for serving as the central point of contact for military families to assist with student enrollment, records transfer, accessing services for students with disabilities, and accessing school- and community-based resources that are available for military students and their families.

(b) Webpage. Each school must establish and maintain a separate page on its website that is linked on the school’s homepage and includes, at a minimum, the following information for military students and families:

1. Transition planning for military families;

2. Academic planning for military families;

3. Resources and educational opportunities for military students;

4. Information on the school’s student-led transition program;

5. Information on exceptional student education services;

6. Information on upcoming military recognition events;

7. Information on mental health challenges facing military students, including ways to access school-based mental health services; and

8. Contact information for MPOC.

(c) Transition Program. Each school must establish a student-led transition program that assists military students in transitioning into the school. The transition program must include:

1. At least one student designated to serve as student transition team coordinator;

2. A military peer-support system that links incoming military students with other military students at the school within the first two weeks of enrollment; and

3. A process for familiarizing new students with the school, such as introducing military students to student leaders or ambassadors, informing military students about newcomer social events, and providing guided tours of the campus.

(d) Professional Development. Each school must offer annual professional development concerning how to identify and respond to the unique needs of military students and their families. Schools may partner with school districts to procure or provide professional development through virtual or face-to-face courses.

(e) Each school must reserve at least five (5) percent of controlled open enrollment seats, as defined in Section 1002.31, F.S., for military students.

(f) Each school must complete at least three of the following activities to support military families:

1. The school hosts at least one of the following annual military recognition events: Month of the Military Child, Month of the Military Family, Purple-Up! For Military Kids, Veteran’s Day, Memorial Day;

2. The district school board where the school is located, or governing board in the case of a charter or private school, issues a resolution publicizing support for military students and families;

3. The school partners with one or more military school liaison officer(s) to provide opportunities for active- duty parents to volunteer at the school;

4. The school maintains a public display recognizing service members, veterans, or military students and families;

5. The school participates in a service project that connects the school with the military community, such as adopt-a-school, sending letters or care packages to deployed troops, or Yellow Ribbon events; and

6. The school offers the Junior Reserve Officers’ Training Corps (JROTC) program.

(4) Districts must meet the following criteria in order to earn the designation as a Purple Star School District:

(a) Council. Each district must establish a council that ensures the alignment of military student-focused policies and procedures within the district. The council must include:

1. A representative from each Purple Star School of Distinction within the district; and

2. A district-level representative.

(b) Webpage. Each district must establish and maintain a separate page on its website that is linked on the district’s homepage and includes, at a minimum, the following:

1. A link to each Purple Star School of Distinction’s webpage that meets the requirements under (3)(b)1.-8. of this rule;

2. Contact information for the district’s council representatives; and

3. Additional resources for military students and their families specific to their district.

(c) Each district must have a minimum of seventy-five (75) percent of the schools in their district maintain the Purple Star School of Distinction Designation.

(5) Application and renewal.

(a) Schools that meets the criteria for the Florida Purple Star School of Distinction Designation must report the information listed in subsection (3) of this rule to the Department of Education by completing the Purple Star School of Distinction Application form, PSDA-1, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15721) (effective August 2023) by September 30 of each school year. This form is incorporated by reference and may be obtained at https://www.fldoe.org/schools/family-community/activities-programs/parental-involvement/purple-star.stml.

(b) Schools must maintain records demonstrating compliance with the required items in subsection (3) of this rule and must provide those records to the Department of Education staff upon request.

(c) Once awarded, schools will maintain their designation as a Purple Star School of Distinction for three (3) school years. After three years, schools must reapply to maintain the Florida Purple Star School of Distinction Designation.

(d) Districts that meet the criteria for the Florida Purple Star School District Designation must report the information listed in subsection (4) of this rule to the Department of Education by completing the Purple Star School District Application form, PSDA-2, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16830) (effective August 2024) by September 30 of each school year. This form is incorporated by reference and may be obtained at https://www.fldoe.org/schools/family-community/activities-programs/parental-involvement/purple-star.stml.

(e) Districts must maintain records demonstrating compliance with the required items in subsection (4) of this rule and provide those records to the Department of Education staff upon request.

(f) Once awarded, districts will maintain their designation as a Purple Star School District for three (3) school years. After three years, districts must reapply to maintain the Florida Purple Star School District Designation.

History

• Rulemaking Authority 1001.02(2)(n), 1003.051(4), 1003.052(2) FS. Law Implemented 1003.051, 1003.052 FS. History‒New 5-3-22, Amended 8-22-23, 8-27-24, Technical Change 8-1-25.

Fla. Admin. Code R. 6A-1.09991 Collegiate Purple Star Campuses

(1) Purpose. The purpose of this rule is to establish the Collegiate Purple Star Campus Program and provide the criteria to receive designation that Florida College System institutions and school district career centers must meet to receive designation under section 1004.071, F.S.

(2) Definitions.

(a) “Military Liaison” means a staff member that is designated by the institution as responsible for coordination and communication between military students and staff members at each institution to facilitate and maintain a working relationship.

(b) “Military student” means a student who is enrolled at the college or career center and is:

1. An active-duty member or veteran of the Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard;

2. A member of the reserve component of any branch of the United States military;

3. A member of the Florida National Guard; or

4. The spouse or dependent of a member described in this subsection.

(3) Eligibility. For a Florida College System institution’s or school district career center’s campus(es) or site(s) to be designated as a Purple Star Campus, the institution or career center must meet the following minimum requirements:

(a) Designate a staff member as a military liaison.

(b) Maintain a web page on the institution’s website which includes resources for military students and their families.

(c) Maintain a student-led transition program that assists military students in transitioning to the institution.

(d) Offer professional development training opportunities for staff members on issues relating to military students.

(e) Provide priority course registration for military students.

(f) Provide an example of commitment to military students and families not included in (a) through (e) of this subsection.

(g) Submit an application on behalf of its campus(es) or site(s) as described in subsection (4).

(4) Application and renewal.

(a) Beginning with the 2023-24 school year, a college, or school district career center site that meets the criteria for the Collegiate Purple Star Campus Designation and wishes to receive such designation must report the information listed in subsection (3) of this rule to the Chancellor of the Florida College System or the Chancellor of the Department of Career and Adult Education, respectively, by completing the Collegiate Purple Star Campus Application, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15910), (effective September 2023), which is hereby incorporated by reference, and submitting the completed form to the Florida Department of Education to receive a designation starting in the same academic year. This form is incorporated by reference and may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(b) Colleges and career centers must maintain records demonstrating eligibility with the required items in subsection (3) of this rule and must provide those records to the Department of Education upon request.

(c) Once awarded, colleges and career centers will maintain their designation as a Collegiate Purple Star Campus for three (3) years. To maintain the Collegiate Purple Star Campus Designation, colleges and career centers must reapply by June 30th of the third year of the designation using the form described in paragraph (4)(a).

History

• Rulemaking Authority 1004.071 FS. Law Implemented 1004.071 FS. History‒New 9-26-23.

Fla. Admin. Code R. 6A-1.01412 Expenditure of In-service Education Training Funds

History

• Rulemaking Authority 229.053(1), 236.0811 FS. Law Implemented 230.23(4)(l), 230.2311(5), (6), 236.081(3), 236.0811 FS. History–New 7-1-78, Formerly 6A-1.142, Repealed 9-6-78.

Fla. Admin. Code R. 6A-1.01421 Temporary Inability of Superintendent of Schools to perform the Duties of Office

History

• Rulemaking Authority 1001.02(2), 1001.49(6), 1001.50(1) FS. Law Implemented 116.34(3), 1001.49, 1001.50 FS. History–New 2-20-71, Amended 12-5-74, Formerly 6A-1.421, Amended 8-30-88, Repealed 5-3-10.

Chapter 6A-2 EDUCATIONAL FACILITIES

Fla. Admin. Code R. 6A-2.0010 Educational Facilities

State Board of Education requirements adopted pursuant to Chapter 120, F.S., to implement the State Uniform Building Code for Public Educational Facilities Construction in Chapter 1013, F.S., are contained in Section 423 of the Florida Building Code and the Florida Department of Education publication, “State Requirements for Educational Facilities 2014” (effective November 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-04664), which is hereby incorporated by reference. All educational and ancillary facilities constructed by a school board or Florida college board shall comply with “State Requirements for Educational Facilities 2014”. Copies of “State Requirements for Educational Facilities 2014” are available from the Office of Educational Facilities, Florida Department of Education, 325 West Gaines Street, Room 1054, Tallahassee, Florida 32399-0400, at a cost to be determined by the Commissioner, but which shall not exceed actual cost, or from the Department of Education’s website at http://www.fldoe.org/edfacil in PDF format. In addition, Rule 14-15.002, F.A.C. (http://www.flrules.org/Gateway/reference.asp?No=Ref-01654) (effective June 2012), and the following manuals incorporated therein are incorporated by reference in this rule: Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, May 2011 Edition; AASHTO Load and Resistance Factor Design (LRFD) Bridge Design Specifications, 5th Edition (2010); Department of Transportation, Office of Maintenance, Bridge Load Rating Manual; and Department of Transportation Drainage Manual. Rule 14-15.002, F.A.C., may be obtained from the Department of Transportation, 605 Suwannee Street, Tallahassee, Florida 32399-0450 or from the web link provided above. In addition, the following documents and forms are also incorporated by reference as part of this rule: Chapter XVII – Occupational Safety and Health Administration, Department of Labor, 29 CFR Parts 1910 and 1926 (7-1-14 Edition)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04665),

FCO 352 − Capital Outlay Request Encumbrance Authorization (effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04666),

FCO 400 − Qualified Public Educational Facility Bond – Application (effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04667),

FCO 410 − Qualified Zone Academy Bond Program Application (effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04668),

FCO 442 − FDOE Project Disbursement Report (effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04669),

FCO 564FC – Cost of Construction Report – Florida College System (effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04670),

FCO 564PS – Cost of Construction Report – Public Schools (effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04671),

OEF 110A − Project Implementation Information (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01899),

OEF 110B − Certificate of Occupancy (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01900),

OEF 208 − Letter of Transmittal (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01901),

OEF 208A − Facility Space Chart/Net and Gross Square Footage (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01902),

OEF 209 − Certificate of Final Inspection (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01903),

OEF 216FC − Capital Outlay Bond Issue (COBI) Amendment (Florida College System) (effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04672),

OEF 216PS − Capital Outlay Bond Issue (COBI) Amendment (Districts) (effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04674),

OEF 217FC − Request to State Board of Education for Approval of Order of Priority for Expenditure of State Capital Outlay Funds (Florida College System) (effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04673),

OEF 217PS − Request to State Board of Education for Approval of Order of Priority for Expenditure of State Capital Outlay Funds (Public Schools) (effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04675),

OEF 220 − Building Permit Application (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01908),

OEF 226 − Annual Facility Maintenance Permit (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01909),

OEF FISH CERT − Florida Inventory of School Houses Certification of Facilities Data (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01916),

OEF LCCA-1 − Life Cycle Cost Analysis (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01917),

OEF SCOA-1FC – Sample Resolution Requesting Issuance of Capital Outlay Bonds (COBI) for Florida College System (effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04676),

OEF SCOA-1PS – Sample Resolution Requesting Issuance of Capital Outlay Bonds (COBI) for Public Schools (effective November 2012)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-01919), and

OEF SFCA-10A – Special Facilities Construction Account (SFCA) District School Board Resolution (Effective November 2014)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04677).

History

• Rulemaking Authority Article XII, §9(d)(10), Fla. Const., 159.835, 159.845, 381.006, 1001.02(1), 1010.01, 1010.02, 1011.01, 1011.06, 1011.09, 1011.60, 1013.02(2), 1013.03, 1013.12(1), 1013.20, 1013.28, 1013.31, 1013.36, 1013.37 FS. Law Implemented 159.834, 159.844, 163.31777, 381.006(16), 553.79, 553.80, 633.206, 1001.02, 1001.453, 1010.01, 1010.02, 1011.01, 1011.06, 1011.09, 1011.60, 1011.74, 1013.01, 1013.03, 1013.12(1), 1013.14, 1013.15, 1013.20, 1013.28, 1013.31, 1013.33, 1013.35, 1013.36, 1013.37, 1013.371, 1013.372, 1013.38, 1013.40, 1013.45, 1013.60, 1013.61, 1013.64, 1013.735, 1013.736, 1013.737 FS. History–New 10-30-94, Amended 4-28-97, Formerly 6A-2.0111, Amended 1-5-00, Formerly 6-2.001, Amended 8-22-05, 7-2-06, 2-12-08, 12-15-09, 11-19-12, 11-4-14.

Fla. Admin. Code R. 6A-2.0020 Eligibility for Charter School Capital Outlay

The following provisions are established for the determination of eligibility of charter schools pursuant to Section 1013.62, F.S. Except as expressly provided herein, proof of eligibility requirements must be provided to the Department by July 1 of the fiscal year for which the charter school seeks funding. The continuation of funding is dependent upon maintaining eligibility requirements during the fiscal year.

(1) A charter school may be considered a part of an expanded feeder chain under Section 1013.62, F.S., if it either sends or receives at a majority of its students directly to or from a charter school that is currently receiving capital outlay funding in the same fiscal year for which the charter school seeks funding. A charter school must submit an application by the deadline in paragraph (7)(a) of this rule. The Department shall determine eligibility by applying the feeder chain criteria in Section 1013.62(1)(a)1.c., F.S., to the fiscal year’s data from the October full-time equivalent (FTE) student enrollment survey conducted pursuant to Section 1011.62(1)(a), F.S., in the same fiscal year for which the charter school seeks funding. The Department shall calculate the funding amount associated with a school for which enrollment projections are estimated to meet the feeder chain eligibility criteria and shall distribute funds generated by the formula in Section 1013.62, F.S., upon proof of an expanded feeder chain from the October FTE student enrollment survey data.

(2) Pursuant to Section 1013.62(1)(a)1.d., F.S., charter schools that have been accredited by a regional accrediting association as defined by Rule 6A-4.003, F.A.C., may be eligible for charter school capital outlay. Proof of accreditation by a regional accrediting association must be delivered to the Department by the deadline established in paragraph (7)(a), for the fiscal year for which the charter school seeks funding to meet the eligibility requirement in Section 1013.62(1)(a)1.d., F.S. The continuation of funding is dependent upon maintaining accreditation during the current fiscal year. A charter school anticipating accreditation during a fiscal year shall include documentation of application for accreditation. The Department shall estimate the funding amount associated with a charter school anticipating accreditation during the fiscal year and distribute funds generated by the formula in Section 1013.62, F.S., upon proof of final accreditation, if proof of accreditation for the school year is received by the Department by December 1 of the fiscal year for which the charter school seeks funding. If the Department does not receive proof of a charter school’s official accreditation by December 1, the charter school shall be determined ineligible for that fiscal year.

(3) A charter school must have been in operation for two (2) or more full school years by July 1 of the fiscal year for which the charter school seeks funding to meet the eligibility requirement in Section 1013.62(1)(a)1.a., F.S.

(4) Satisfactory student achievement under Section 1013.62(1)(a)3., F.S., shall be determined by the school’s most recent grade designation or school improvement rating from the state accountability system as defined in Sections 1008.34 and 1008.341, F.S. Satisfactory student achievement for a school that does not receive a school grade or a school improvement rating, including a school that has not been in operation for at least one school year, shall be based on the student performance metrics in the charter school’s charter agreement. Allocations shall not be distributed until such time as school grade designations are known.

(a) A charter school that receives two (2) consecutive grades of “F” or three (3) consecutive grades lower than a “C” shall not be eligible for capital outlay funding.

(b) A charter school that receives two (2) consecutive school improvement rating of “Unsatisfactory” shall not be eligible for capital outlay funding.

(5) A charter school whose most recent available audit, pursuant to Section 218.39, F.S., reveals any of the financial emergency conditions provided in Section 218.503(1), F.S., is not eligible to receive charter school capital outlay.

(a) Upon notification pursuant to Section 1002.345, F.S., that a charter school’s audit reveals one or more of the financial emergency conditions in Section 218.503(1), F.S., the Department shall immediately discontinue distributions of charter school capital outlay funding for the school.

(b) A charter school shall remain ineligible to receive charter school capital outlay until the school produces an annual financial audit conducted pursuant to Section 218.39, F.S., which does not reveal any of the financial emergency conditions in Section 218.503(1), F.S., at which time capital outlay funding shall be calculated in an amount proportionate to the number of months remaining in the fiscal year.

(6) Pursuant to Section 1013.62(5), F.S., the procedures for submitting and approving an application for funding and the procedures for documenting expenditures, are as follows:

(a) Charter schools must submit an application using form IEPC-CO1, Charter School Capital Outlay Application, effective September 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15904), which is hereby incorporated by reference in the rule, which may be accessed through https://www.floridaschoolchoice.org/login/login_charter_school.asp. The application may be obtained by contacting the Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 1044, Tallahassee, Florida 32399-0400. The Department will accept hard copy versions of the application. Hard copies should be sent to 325 West Gaines Street, Suite 1044, Tallahassee, Florida 32399. Applications are due by July 1 of the fiscal year for which funding is sought. The Department may extend the deadline for all applications by posting the extended deadline on its website. The charter school shall include the purpose for which the funds will be expended. The Department shall review the application, determine eligibility, and direct the allocation and distribution of such funds in accordance with that determination.

(b) The Sponsor shall forward state appropriated capital outlay funds pursuant to the provisions of Section 1002.33(17)(e), F.S., to any charter school that is determined to be eligible by the Department under this rule. The Sponsor shall distribute discretionary millage authorized in Section 1011.71(2), F.S., according to the provisions in Section 1013.62, F.S. The charter school shall include all revenues and expenditures pursuant to Section 1013.62, F.S., in its monthly or quarterly financial statements pursuant to Section 1002.33(9)(g), F.S., and shall maintain all documentation of such expenditures and provide such documentation to the Sponsor upon request as necessary to monitor compliance with applicable law governing the proper use of such funds.

(c) If overpayments occur, the Department of Education will take any or all of the following actions: require a charter school to return the overpaid amount; adjust a school’s allocations in future years; or seek to collect the overpayment in any manner authorized by law.

History

• Rulemaking Authority 1001.02, 1013.62 FS. Law Implemented 1013.62 FS. History–New 12-15-09, Amended 8-13-17, 8-21-18, 9-21-21, 9-26-23.

Fla. Admin. Code R. 6A-2.0030 Qualified School Construction Bond Program

(1) Qualified School Construction Bonds (QSCBs). The American Recovery and Reinvestment Act of 2009 authorized the issuance of Qualified School Construction Bonds (QSCBs) to finance school construction and other eligible projects for public schools. The amount of QSCBs issued in each state is limited under federal law. This rule is created pursuant to Sections 159.841, 159.842, 159.843, 159.844 and 159.845, F.S., which authorizes the Department of Education (Department) to establish a program for allocating the available allocation authority in Florida. Under this program, qualified school districts, charter schools or state education agencies can borrow funds with no interest cost. A Qualified School Construction Bond is an interest-free bond issued by a state or local governmental entity, the proceeds of which are used to construct or improve certain eligible public schools, or for certain land or equipment purchases. Instead of receiving periodic interest payments from the issuer, the QSCB bondholder (potential bondholders include banks, insurance companies, and corporations actively involved in the business of lending money) receives a federal income tax credit while the bond is outstanding, in an amount equal to a percentage of the face amount of the bond. The education agency’s debt service obligation is only for the principal amount of the bonds. The full faith and credit of the State of Florida is not pledged to QSCB bonds issued by agencies other than the Florida Department of Education.

(a) Eligibility Criteria.

1. All school districts, charter schools or state education agencies are eligible to apply.

2. Eligible QSCB projects include all projects permitted to be financed with QSCBs under federal law, including:

a. New construction of a public school owned facility;

b. Rehabilitation or repair of an existing public school owned facility;

c. Land acquisition for the facility to be constructed with the QSCB proceeds; and,

d. Equipment to be used in the facility that is being constructed, rehabilitated, or repaired with the proceeds of QSCBs.

NOTE: Lease payments may not be made with QSCB proceeds.

(b) Application Process.

1. Application shall be made through submission of Form OEF 411, Qualified School Construction Bond (QSCB) Program Notice of Intent to Issue Bonds and Request for Written Confirmation, which is hereby incorporated by reference to become effective with the effective date of this rule. Form OEF 411 may be obtained from the Department’s website at http://www.fldoe.org/edfacil/oef/federalbond.asp.

2. Applications must be received from the districts or charter schools on or before October 1, or such other date as established by the Department.

3. Districts or charter schools should not request more bonding authority than can be reasonably expected to be repaid, and the district or charter school must expect that the QSCBs will be issued prior to the end of the calendar year in which an application is made.

4. Applications must clearly explain the pledged revenue from which the district or charter school intends to repay the bond principal upon maturity.

5. The application must include the following documents:

a. A copy of the resolution referenced in the Certificate of Eligibility section of Form OEF 411.

b. A completed Qualified School Construction Bonds Notice of Intent to Issue and Request for Written Confirmation Project Spending Plan, Form OEF 412, which is hereby incorporated by reference to become effective with the effective date of this rule. Form OEF 412 may be obtained from the Department’s website at http://www.fldoe.org/edfacil/oef/federalbond.asp.

6. Charter schools must submit a copy of the most current financial audit containing an auditor’s opinion that the charter school will remain operational until the QSCBs mature.

(c) Allocation Process.

1. After the federally imposed state bonding authority is known for each calendar year, the school districts and charter schools will be notified by the Department.

2. The total available state volume cap limitation will be divided between two pools, the school district’s pool and the charter school’s pool. The pools will be established based on the ratio of the number of charter schools divided by the number of students served, as compared to the total student population.

3. Applications are reviewed for eligibility and completeness. Districts or charter schools may be contacted for further information or clarification.

4. Applications from school districts must include only survey recommended projects.

5. District applications will be considered and allotments awarded based on the following factors:

a. Existing classroom funding needs for compliance with the constitutionally mandated class-size reduction requirements;

b. Increasing enrollment growth of greater than one (1) percent per year;

c. Need to replace aging facilities, fifty (50) years and older, based on a Department approved analysis; or

d. Existing funding needs for survey recommended projects included in a current Educational Plant Survey approved by the Department.

6. Charter school applications will be considered and allotments awarded based on the review and evaluation of the description of the facility; including, but not limited to, the age, condition, ownership, number of students currently being served, projected number of students to be served, and a photograph(s) of the existing facility demonstrating a need for the project to be financed with QSCB proceeds.

7. Once the Department determines the allocations to be awarded, each district or charter school will be notified in writing. Districts or charter schools whose applications have been denied and those with ineligible projects will also be notified.

8. Any allotment balance remaining after the initial allocation process will revert to a state-wide allocation pool, to which unissued/returned allotments will be added. The state-wide pool may be reallocated at a later date to other qualifying districts.

9. A final confirmation letter of the allocation will be provided upon the districts or charter schools submission of the State of Florida, Department of Education Issuance Report Pursuant to Part IX of Chapter 159, F.S., Form OEF 413 and a copy of the official statement cover. Form OEF 413 is hereby incorporated by reference to become effective with the effective date of this rule. This form may be obtained from the Department’s website at http://www.fldoe.org/edfacil/oef/federalbond.asp.

(2) In addition to previously stated requirements, there are a number of administrative items school districts or charter schools must keep in mind:

(a) Qualified School Construction Bond (QSCB) proceeds cannot be used to pay debt service or other outstanding debt obligations incurred to finance project costs.

(b) Qualified School Construction Bond (QSCB) proceeds cannot be used to make lease payments.

(c) The district or charter school must comply with all information requests from the Department so that federal accountability and reporting requirements can be met.

(d) Each district or charter school must determine whether the purposes for which QSCBs are issued conform to state law regarding indebtedness.

(e) Each district or charter school is responsible for repayment of the principal upon maturity.

(f) School districts shall not use PECO or CO&DS revenues to pay QSCB debt service obligations, but may use District School Tax revenues pursuant to Section 1011.71, F.S. (often referred to as local discretionary capital outlay millage).

(g) If District School Tax proceeds are proposed for repayment of QSCB debt, those proceeds shall not exceed the Certificates of Participation (COPs) limit established for District School Tax revenue in Section 1011.71, F.S.

(h) If a district or charter school determines that its allotment will not be used, the district or charter school should notify the Department as soon as possible.

(i) If the scope of one of a district’s or charter school’s approved projects changes, the district or charter school must receive the approval of the Department before reallocating the funds to other projects. Requests will be reviewed on a case-by-case basis.

1. The Department may allow reallocations among approved projects, as identified on the current QSCB award letter, to another current approved project.

2. The Department will disallow the reallocation of funds to new or unapproved projects.

(j) Districts or charter schools must have all bonds issued by December 31 of its funding year.

(k) As districts or charter schools issue QSCB bonds, Form OEF 413 and a copy of the cover of the official statement must be forwarded to the Department upon issuance of the bonds in order to receive a final confirmation of the volume cap allocation.

(l) On December 31 of the district’s or charter schools’ funding year, unused allotments will revert back to the Department for reallocation.

(m) Allocations of the volume limitation are granted first from carried-forward balances from previous years and then from the current year balance.

History

• Rulemaking Authority 159.845 FS. Law Implemented 159.841, 159.842, 159.843, 159.844 159.845 FS. History–New 12-15-09.

Fla. Admin. Code R. 6A-2.0040 Sanitation Standards in K-12 Private Schools

This rule prescribes minimum requirements and standards of sanitation and safety for K-12 private schools, as defined in Section 1002.01, F.S., located within the state regardless of the nature of the school, its ownership or organization.

(1) School Site. The school site including areas used for playgrounds and that immediately adjacent to school buildings shall be provided with adequate facilities for surface drainage. A site should remain free from health threats from hazardous materials.

(2) Playgrounds and Athletic Equipment. Playgrounds shall be constructed and maintained to permit maximum utilization of sites with elimination of sanitary and health hazards including mudholes, fragments of glass, stone and similar obstructions.

(a) Fixed playground equipment shall be anchored with substantial foundations so maximum safety is obtained.

(b) Athletic and recreational equipment and facilities must be kept clean and in a safe condition. Fences and equipment shall be maintained so that no jagged or sharp projections exist.

(c) Cushioning materials such as mats, wood chips, or sand shall be used under climbing equipment, slides, and swings.

(3) Building Construction and Maintenance.

(a) Upon request, K-12 private schools shall provide proof of any required permitting for school construction and remodeling pursuant to Section 553.79, F.S. School buildings shall be maintained so that they are vermin-proofed.

(b) Buildings shall be kept clean and in good repair, free from hazardous conditions such as loose or broken floor tiles and boards; loose moldings; loose hanging fixtures, pipes, and electric wires; and broken plaster.

(c) Furnishings and equipment shall be kept clean and in good repair, free of missing parts and hazards such as sharp edges.

(4) Lighting Standards.

(a) All instructional spaces shall be capable of providing a minimum illumination of forty (40) foot-candles at normal task level.

(b) All required illumination shall be designed so that the failure of any single unit, such as the burning out of an electric bulb will not leave any occupied area or means of egress in darkness.

(5) Heating, Ventilation and Air Conditioning Standards.

(a) Permanent type school buildings and additions to school buildings shall be provided with heating facilities. Heating facilities shall be designed to heat to a temperature of not less than seventy (70o) degrees fahrenheit, in instructional rooms, locker rooms and cafeterias; and sixty-five (65o) degrees fahrenheit in toilets and activities rooms, such as gymnasiums and shops.

(b) No school plant or portion thereof shall be equipped with any type of equipment in which fumes of combustion or fuel may be discharged or can escape into the interior of buildings.

(c) Heat producing appliances and systems shall be maintained in a proper working condition.

(d) Ventilation and air conditioning. All occupied rooms and other rooms where odors or contaminants are generated shall be vented to the outside. Ventilation rates shall be maintained as designed.

1. Natural ventilation.

a. When natural air flow is used in instructional spaces, it shall be designed and maintained to assure cross ventilation.

b. Gravity and wind operated ventilators shall not be used as an exhaust medium in instructional areas but may be in general storage rooms.

2. Mechanical ventilation.

a. All occupied spaces which do not meet the requirements for natural ventilation shall be mechanically ventilated by means of electrically operated exhausts. The ventilation system shall be maintained to insure air movement throughout the room at the level of the seated student. Fans and blowers shall be maintained to provide the required air movement without excessive or disturbing noise. Exhaust from dishwashing areas shall not be through the kitchen.

b. Mechanical ventilation systems shall be maintained in areas of high air contamination such as paint shops, auto repair shops and chemistry laboratories, art rooms where kilns are used, wood working and metal shops, and chemical storerooms.

(6) Sanitary Facilities. Every school plant shall be provided with toilet and hand washing facilities for all occupants. These facilities shall be located for convenient student access and faculty supervision and kept clean and in good repair.

(a) Toilet Facilities.

1. All group toilet rooms shall be provided with at least one (1) floor drain and (1) hose bib. The floor shall be sloped to the drain. Stall urinals do not serve for the required floor drains.

2. In group toilet rooms a partition shall be placed between each water closet. Each compartment shall have a privacy partition. Entrances to group toilet rooms shall be provided with a partition or other privacy shielding device to block the occupants from view. The toilet partitions and floors shall be finished with impervious materials.

3. Deodorizers shall not be used in toilet rooms. Air deodorizers are not to be confused with disinfectants.

(b) Handwashing facilities.

1. Handwashing facilities shall be located within or adjoining each toilet room.

2. Soap dispensers shall be provided at all wash basins and liquid or powdered soap shall be used.

3. Individual towels, preferably paper shall be used. Use of common or public towels is prohibited. Hot-air hand drying devices may be used in lieu of, or in addition to, individual towels.

(c) Showers.

1. When provided, shower rooms and stalls shall have floors and walls finished with dense non-absorbent and non-corrosive materials having a smooth impervious surface.

2. Water shall be heated and the temperature at the shower head shall not exceed one hundred ten (110) degrees fahrenheit nor be less than ninety-five (95o) degrees fahrenheit.

3. Showers must be kept clean and free of mildew.

4. Foot baths shall not be provided.

(7) Water Supply.

(a) The water supply for the school must be from a source that is licensed or permitted pursuant to the Florida Safe Drinking Water Act or Section 381.0062, F.S., as applicable.

(b) Drinking fountains of an approved, sanitary slant jet type shall be provided in a ratio not less than 1 per 100 occupants. In no case shall fountains be located in any toilet room.

(8) Sewage Disposal. Sewage disposal systems shall be installed, operated and maintained in a manner that does not create a sanitary nuisance, as that term is defined in Chapter 386, F.S.

(9) Solid Waste. Garbage, trash, and rubbish shall be collected, stored, and disposed of at a frequency and in a manner that prevents a sanitary nuisance. Wet garbage shall be collected and stored in impermeable, leak proof, fly tight containers pending disposal. Outdoor waste containers must be easily cleanable and serviceable. Waste containers and the storage area shall be cleaned at frequent intervals to prevent odors and breeding places for vermin. Waste water from the cleaning of garbage containers shall be disposed of as sewage.

(10) Pest Control. Effective measures shall be used to prevent harborage, propagation, or infestations of rodents, flies, cockroaches, and other vermin on school premises. Brush, trash or other unnecessary material shall not be allowed to accumulate on school premises. Water must not be allowed to accumulate in any open containers, such as buckets and tires.

(11) First Aid Kit. Schools shall own and maintain a first aid kit available to pupils under supervision of an adult at all times while school is in session.

(12) Diaper Changing Station.

(a) A diaper changing station shall be located in or adjacent to any classroom where children wearing diapers are enrolled.

(b) A hand lavatory shall be provided within the changing station area. Access shall be provided to the lavatory without opening doors or touching handles.

(c) Diaper changing stations, when provided, must be equipped with an impermeable changing mat that is cleaned and sanitized after each use. The use of tape to cover rips or tears in the impervious mat covering is prohibited.

(d) Diaper changing tables must be maintained in a safe and secure condition at all times.

(e) A sanitizer that is approved by the Environmental Protection Agency (E.P.A.) shall be available at the changing station. The sanitizer shall be prepared according to the manufacturer’s instructions and used as directed on the label.

(f) A garbage can equipped with a tight fitting lid and lined with an impermeable garbage bag must be located at the diaper changing station. The garbage can must be cleaned and sanitized at least daily.

(13) Animal Health and Safety. Animals living in or visiting an educational facility shall comply with the requirements of this subsection.

(a) Animals requiring rabies vaccination under Section 828.30, F.S., must be vaccinated for rabies and their vaccinations must be current at the time of inspection. Proof of rabies vaccination or veterinary certification of vaccination exemption shall be kept on the school premises at all times and made available to the local county health department upon request.

(b) All animals must be kept fee from disease and in good health or under treatment by a licensed veterinarian.

(c) Aggressive, venomous, or potentially dangerous animals must be restricted from access by the students at all times and kept in such a manner so as not to be able to become free roaming and cause or inflict harm to the students, visitors, or employees. These animals may not be housed in the students sleeping quarters or dormitory sleeping areas.

(d) Aminal housing, cage, aquarium, barn or other housing arrangements shall be kept clean and in good repair. Food and clean water shall be adequately supplied and accessible to the animal.

(14) Dormitories and Residential School Facilities.

(a) Dormitories and residential school facilities shall be maintained in good condition, clean, free from pest infestations and noisome odors, and shall be free of health and safety hazards.

(b) Dormitories and residential school facilities, located on the premises of a school, shall not be part of the routine inspection of the school facility. Dormitories and residential school facilities shall be inspected on a complaint basis.

History

• Rulemaking Authority 381.006(16) FS. Law Implemented 381.006(6), (16) FS. History–New 10-25-11.

Fla. Admin. Code R. 6A-2.001 Definitions

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.002, 235.01(2), 235.011, 235.26(1), 240.293, 240.327 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, 6-10-75, 9-6-78, 5-24-81, 5-11-82, 12-7-82, 6-21-83, Formerly 6A-2.01, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.002 Area Vocational-Technical Center

History

• Rulemaking Authority 229.053(1), 230.631, 230.64(2), 240.325 FS. Law Implemented 230.63, 230.631, 230.64, 235.014, 235.15, 235.435 FS. History–New 9-17-72, Amended 2-18-74, 12-5-74, Formerly 6A-6.79, Amended 9-6-78, 2-16-81, Formerly 6A-2.02, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.0021 Area Vocational Education Schools

History

• Rulemaking Authority 229.053(1), 230.631, 235.15, 240.325 FS. Law Implemented 230.631, 235.15, 235.435, 240.325 FS. History–New 9-17-72, Amended 12-5-74, Formerly 6A-6.28, Amended 9-6-78, Formerly 6A-2.021, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.003 General Provisions

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.002, 235.01, 235.26, 240.293, 240.327 FS. History–New 4-10-70, Amended 12-5-74, Formerly 6A-2.02, Amended 6-10-75, 9-6-78, 8-12-80, 6-21-83, Formerly 6A-2.03, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.004 Selecting Professional Services

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.31, 240.327 FS. History–New 2-18-74, Amended 12-5-74, Formerly 6A-2.021, Amended 6-10-75, 10-7-75, 9-6-78, Formerly 6A-2.04, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.005 Preparation of Construction Documents

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.002, 235.01, 235.26, 235.31, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.03, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.05, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.006 Responsibility, Architects and Engineers

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.002, 235.01, 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.04, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.06, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.007 Construction Techniques

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.002, 235.01, 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, Formerly 6A-2.07, Repealed 6-21-83.

Fla. Admin. Code R. 6A-2.008 Local Materials

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.002, 235.01, 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, Formerly 6A-2.08, Repealed 6-21-83.

Fla. Admin. Code R. 6A-2.009 Educational Planning

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.002, 235.01, 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.05, Amended 6-10-75, 9-6-78, Formerly 6A-2.09, Repealed 6-21-83.

Fla. Admin. Code R. 6A-2.010 Educational, Auxiliary and Ancillary Facilities Specifications

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.002, 235.01, 235.15, 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 12-5-74, Formerly 6A-2.06, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.10, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.011 Architectural and engineering Design and Construction Documents

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 120.55(1)(a), 235.018, 235.212, 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 8-12-80, 6-21-83, 10-15-84, Formerly 6A-2.11, Amended 2-20-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.012 Exemption from Codes and Ordinances

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01(2), 235.26(1), (9), (10), 240.209(3)(c), 240.327 FS. History–New 6-10-75, Amended 9-6-78, 5-11-82, 6-21-83, Formerly 6A-2.12, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.013 Phase I Documents, Schematics

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 120.55(1)(a), 235.01, 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 8-12-80, 6-21-83, 10-15-84, Formerly 6A-2.13, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.014 Phase II Documents, Preliminaries

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 120.55(1)(a), 235.01, 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.07, Amended 6-10-75, 9-6-78, 8-12-80, 6-21-83, 10-15-84, Formerly 6A-2.14, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.015 Phase III Documents, Finals

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.06, 235.26, 235.31, 235.32, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.15, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.016 Advertising and Awarding Contract for Facilities or Improvements of Educational Facilities

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.31, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.10, Amended 6-10-75, 9-6-78, 8-12-80, 6-21-83, Formerly 6A-2.16, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.017 Awarding Contract to Other Than the Lowest Bidder

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.31, 240.293, 240.327 FS. History–New 4-11-70, Amended 9-6-78, Formerly 6A-2.17, Repealed 6-21-83.

Fla. Admin. Code R. 6A-2.018 Filing of Construction Contract Cost and Square Footage Information

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 120.55(1)(a), 235.01, 235.014(6), 235.26, 235.321(2), 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 12-5-74, Formerly 6A-2.09, Amended 6-10-75, 9-6-78, 6-21-83, 10-15-84, Formerly 6A-2.18, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.019 Payments to Contractor During Construction

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.26(4), 235.32, 235.33, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.14, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.19, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.020 Change Order: Changes in Construction After Award of Contract

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 120.55(1)(a), 235.01, 235.26(4), 235.321, 240.293, 240.327 FS. History–New 4-11-70, Amended 7-19-72, 12-5-74, Formerly 6A-2.13, Amended 6-10-75, 9-6-78, 8-12-80, 6-21-83, Formerly 6A-2.20, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.021 Negotiation for Improvements to Educational Facilities

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.31(2)(b), 240.327 FS. History–New 6-10-75, Amended 9-6-78, Formerly 6A-2.21, Repealed 2-13-86.

Fla. Admin. Code R. 6A-2.0213 Conservation and Renewable Energy Construction Account

History

• Rulemaking Authority 229.053(1), 235.435(6) FS. Law Implemented 235.435(6) FS. History–New 12-7-82, Formerly 6A-2.213, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.022 Day Labor Projects

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.31, 235.32, 240.293, 240.327 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-2.11, Amended 6-10-75, 10-7-75, 9-6-78, 6-21-83, Formerly 6A-2.22, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.023 Uniform Building Code Inspector (UBCI) Qualifications and Requirements for Certification

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.26, 235.30, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 6-21-83, Formerly 6A-2.23, Amended 5-18-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.024 Final and Occupancy Inspection of Construction Projects

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.26(3), (4), (5), 235.33, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-72, 12-5-74, Formerly 6A-2.15, Amended 6-10-75, 9-6-78, 6-21-83, 10-15-84, Formerly 6A-2.24, Amended 5-18-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.025 Exceptions for Experimentation

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.16, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.25, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.026 Acquisition and Use of Facilities for Instructional Purposes

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.014(9), (10), , 235.26, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.17, Amended 6-10-75, 9-6-78, Formerly 6A-2.26, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.027 Returning Facilities to Instructional Purposes

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.014(10), 235.26, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.18, Amended 6-10-75, Formerly 6A-2.27, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.028 Disposal of Land and Other Real Property

History

• Rulemaking Authority 229.053(1), 235.01(2), 235.04(1) FS. Law Implemented 230.23(2), 235.01(2), 235.04(1), 240.209(3)(c), 240.319(3)(h), 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.22, Formerly 6A-2.28, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.029 Lease and Lease-Purchase Contracts for Grounds and Facilities

History

• Rulemaking Authority 229.053(1), 230.23(9)(b), 235.01(2) FS. Law Implemented 230.23(9)(b)5., 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.19, Amended 6-10-75, 10-7-75, 9-6-78, 6-21-83, Formerly 6A-2.29, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.030 Relocatable Building Document Submittal

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.197, 235.211(1), 235.26 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.20, 6A-2.21, Amended 6-10-75, 9-6-78, 10-23-79, 6-21-83, Formerly 6A-2.30, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.031 Prequalification of Contractors for Educational Facilities Construction

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.31, 240.293, 240.327 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-2.71-2.85, Amended 6-10-75, 9-6-78, 6-21-83, 10-15-84, Formerly 6A-2.31, Amended 5-18-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.032 Size of Space and Occupant Design Criteria

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.61, Amended 6-10-75, 8-8-77, 9-6-78, 11-14-78, 6-21-83, 11-5-84, Formerly 6A-2.32, Amended 3-12-86, 2-12-92, 7-20-93, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.033 Ceiling Heights, Minimum Requirements

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 231.211(1), 235.01, 231.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.62, Amended 6-10-75, 9-6-78, 8-12-80, 6-21-83, Formerly 6A-2.33, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.034 Fixed Instructional and Informational Aids, Minimum Requirements for New Construction

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-2.63, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.34, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.035 Floor Surfaces and Coverings

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.64, Amended 6-10-75, 9-6-78, 6-21-83, 10-15-84, Formerly 6A-2.35, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.036 Acoustical Treatment

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.65, Amended 6-10-75, 6-21-83, Formerly 6A-2.36, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.037 Flexibility and Convertibility

History

• Rulemaking Authority 229.053(1), 235.01 FS. Law Implemented 235.211(3), 235.26, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.66, Amended 6-10-75, 9-6-78, Formerly 6A-2.37, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.038 General Storage and Custodial Spaces

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.211(3), 235.26, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.67, Amended 6-10-75, 8-8-77, 9-6-78, Formerly 6A-2.38, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.039 Educational and Ancillary Facility Sites

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 120.55(1)(a), 230.23(9), 235.01, 235.19, 240.293, 240.327 FS. History–New 2-18-74, Amended 12-5-74, Formerly 6A-2.69, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.39, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.040 School Bus Garages, Work Bay Requirements

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.211(1), 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 6-21-83, Formerly 6A-2.40, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.041 Protection for Abandoned Facilities

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 230.23(9), 235.06, 240.327 FS. History–New 9-6-78, Formerly 6A-2.41, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.042 Community College Student Housing

History

• Rulemaking Authority 229.053(1), 235.01(2), 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-5-74, Formerly 6A-2.803, Amended 9-6-78, Formerly 6A-2.42, Repealed 2-13-86.

Fla. Admin. Code R. 6A-2.043 Educational Plant Survey

History

• Rulemaking Authority AXIIS9(d), State Constitution; 229.053(1), 235.01(2) FS. Law Implemented AXIIS9(d), State Constitution; 235.01(2), 235.15, 235.26, 240.293, 240.327 FS. History–New 9-6-78, Amended 6-21-83, Formerly 6A-2.43, Amended 5-22-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.0431 Vacation Leave

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.7252, Amended 6-1-75, 2-14-77, 12-19-84, Formerly 6A-14.431, Repealed 7-2-98.

Fla. Admin. Code R. 6A-2.044 High Priority Facility Advance Funding

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.42, 240.293, 240.327 FS. History–New 1-27-77, Formerly 6A-1.151, Amended 9-6-78, 10-23-79, 12-11-79, 5-1-80, 8-12-80, Formerly 6A-2.44, Repealed 6-21-83.

Fla. Admin. Code R. 6A-2.045 General Provisions

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(10), 235.06, 235.211(1), 235.26, 240.327 FS. History–New 4-11-70, Amended 5-19-72, 9-17-72, 2-18-74, 12-5-74, Formerly 6A-2.26, Amended 6-10-75, 10-7-75, 9-6-78, 7-2-79, 5-24-81, 6-21-83, 11-5-84, Formerly 6A-2.45, Amended 2-26-86, 2-12-92, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.046 Educational Facility Occupancy and Capacity

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.27, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.46, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.047 Construction and Remodel Operations

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.27, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.46, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.048 Classification of Hazard of Contents

History

• Rulemaking Authority 229.053, 235.01(2) FS. Law Implemented 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.30, Amended 6-10-75, Formerly 6A-2.48, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.049 Segregation of and Protection from Hazards

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.31, Amended 6-10-75, Formerly 6A-2.49, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.050 Special Safety Provisions

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(10), 235.211(1), 235.26, 240.327 FS. History–New 12-5-74, Formerly 6A-2.32, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.50, Amended 2-26-86, 7-29-92, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.051 Means of Egress

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.33, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.51, Amended 5-22-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.052 Exit Doors, Fire Doors, Smokestop Doors and Hardware

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.34, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.52, Amended 2-20-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.053 Interior Stairs, Exterior Stairs and Smokeproof Towers

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 12-5-74, Formerly 6A-2.35, Amended 6-10-75, 9-6-78, 7-2-79, 6-21-83, Formerly 6A-2.53, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.054 Places of Assembly

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(10), 235.211(1), 235.26, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.36, Amended 6-10-75, 9-6-78, 7-2-79, 6-21-83, 11-5-84, Formerly 6A-2.54, Amended 5-22-86, 7-29-92, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.055 Separation of Spaces, Including Stages

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 12-5-74, Formerly 6A-2.37, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.55, Amended 2-20-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.056 Open Plan Buildings

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.38, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.56, Amended 2-20-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.057 Building Access Panels, Sprinklered Buildings, and Smoke Venting

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 12-5-74, Formerly 6A-2.39, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.57, Amended 2-20-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.058 Interior Finishes

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.40, Amended 6-10-75, 9-6-78, 8-12-80, 6-21-83, Formerly 6A-2.58, Amended 5-18-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.059 Illumination of Means of Egress, Emergency Lighting

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.41, Amended 6-10-75, 9-6-78, 5-24-81, 6-21-83, 11-5-84, Formerly 6A-2.59, Amended 2-26-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.060 Exit Marking

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-2.42, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.60, Amended 2-20-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.061 Protective Signaling Systems, Alarm and Fire Detection

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-2.43, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.61, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.062 Automatic Sprinklers and Other Extinguishing Equipment

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-2.44, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.62, Amended 5-22-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.063 Building Service Equipment

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.212, 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-2.47, Amended 6-10-75, 9-6-78, 8-12-80, 5-24-81, 6-21-83, Formerly 6A-2.63, Amended 5-22-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.064 Relocatable Buildings

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(10), 235.211(1), 235.26, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.48, 6A-2.49, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.64, Amended 5-18-86, 7-29-92, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.065 Electrical: General Illumination

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.52, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.65, Amended 2-26-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.066 Ventilation: Natural or Mechanical

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-2.53, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.66, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.067 Thermal Insulation

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.58, Amended 6-10-75, 9-6-78, 8-12-80, 5-24-81, 6-21-83, Formerly 6A-2.67, Amended 5-18-86, 2-23-94, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.068 Sanitation Facilities Serving Students and Staff

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-2.54, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.68, Amended 5-18-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.069 Sanitation Facilities Serving the Public

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 12-5-74, Formerly 6A-2.55, Amended 6-10-75, 9-6-78, 6-21-84, 11-5-84, Formerly 6A-2.69, Amended 5-18-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.070 Sanitation Facilities in Food Service Areas

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-2.57, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.70, Amended 2-20-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.071 Swimming Pools

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.71, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.072 Sewage Flow Criteria

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.211(1), 235.26, 240.293, 240.327 FS. History–New 9-6-78, Amended 6-21-83, Formerly 6A-2.72, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.076 General Provisions

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.861, 6A-2.862, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.76, Amended 6-1-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.077 Electrical

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.871, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.77, Amended 2-26-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.078 Flammable Materials

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.872, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.78, Amended 2-26-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.079 Climate Control and Ventilation Equipment

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.873, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.79, Amended 2-20-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.080 Structural, Material, and Sound Hazards

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 8-12-80, 5-24-81, 6-21-83, 11-5-84, Formerly 6A-2.80, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.081 Fire Extinguishing Equipment

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.881, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.81, Amended 2-26-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.082 Surface Finishes, Decoration, and Hazardous Materials

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS.; OSHA 1910.1001, Asbestos; EPA CFR Title 40, Part 61, Subpart M, National Emission Standards for Asbestos; US DOE, P.L. 96-270. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.882, Amended 6-10-75, 9-6-78, 5-24-81, 6-21-83, 11-5-84, Formerly 6A-2.82, Amended 5-18-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.083 Storage

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.883, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.83, Amended 4-10-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.084 Separation of Spaces

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.884, Amended 6-10-75, 9-6-78, 5-24-81, 6-21-83, Formerly 6A-2.84, Amended 4-17-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.085 Fire Doors, Smoke Doors, and Smoke Partitions

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.885, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.85, Amended 4-10-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.086 Emergency Evacuation Drills

History

• Rulemaking Authority 229.053(1), 235.01(2), 235.14 FS. Law Implemented 235.01, 235.014(11), 235.06, 235.14, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.891, Amended 6-10-75, 9-6-78, 8-12-80, 6-21-83, Formerly 6A-2.86, Amended 2-13-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.087 Detection of Fires

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.892, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.87, Amended 4-17-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.088 Alarm and Fire Notification Systems

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.893, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.88, Amended 4-10-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.089 Exit Access; Exit Discharge; Means of Egress; and Occupancy Loads

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.894, Amended 6-10-75, 9-6-78, 5-24-81, 6-21-83, 11-5-84, Formerly 6A-2.89, Amended 6-1-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.090 General Lighting, Illumination of Means of Egress, Emergency Lighting, and Exit Marking

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.895, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.90, Amended 6-1-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.091 Stairs and Fire Escapes

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.896, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.91, Amended 4-10-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.092 Relocatable Buildings

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.897, Amended 6-10-75, 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.92, Amended 4-17-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.093 Windowless, Open and Flexible Plan Buildings

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 230.23(9), 235.014(2), 235.06, 235.26, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.898, Amended 6-10-75, 9-6-78, Formerly 6A-2.93, Amended 4-10-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.094 Places of Assembly

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 5-19-72, Amended 12-5-74, Formerly 6A-2.899, Amended 6-10-75, 9-6-78, 6-21-83, Formerly 6A-2.94, Amended 4-17-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.095 Educational Facility Site

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 8-12-80, 6-21-83, Formerly 6A-2.95, Amended 6-1-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.096 Play Area and Traffic Safety

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 230.23(9), 235.014(2), 235.06, 235.26, 240.327 FS. History–New 6-10-75, Amended 9-6-78, Formerly 6A-2.96, Amended 6-1-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.097 Safety Devices in Shops, Laboratories, and Other Process Areas

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 6-21-83, Formerly 6A-2.97, Amended 4-10-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.098 Toilet and Waste Disposal Facilities

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 6-21-83, 11-5-84, Formerly 6A-2.98, Amended 4-10-86, Formerly Cf. Chapter 10D-6, 10D-9, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.099 Shower and Locker Rooms

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 6-21-83, Formerly 6A-2.99, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.100 Clinic Rooms

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 230.23(9), 235.014(2), 235.06, 235.26, 240.327 FS. History–New 6-10-75, Amended 9-6-78, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.110 Food Service Area

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.014(11), 235.06, 235.26, 240.293, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 6-21-83, 11-5-84, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.120 Drinking Fountains and Water Supply

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 230.23(9), 235.014(2), 235.06, 235.26, 240.327 FS. History–New 6-10-75, Amended 9-6-78, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.130 Housekeeping

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 230.23(9), 235.014(2), 235.06, 235.26, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 4-10-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.140 Swimming Pools

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 230.23(9), 235.014(2), 235.06, 235.26, 240.327 FS. History–New 6-10-75, Amended 9-6-78, 11-5-84, 4-10-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.150 Sanitation and Maintenance

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 230.23(9), 235.014(2), 235.06, 235.26, 240.327 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-2.975, Amended 6-10-75, 9-6-78, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.160 Maintenance, Health and Sanitation, Housekeeping, and Safety

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 230.23(9), 235.06, 235.065, 240.327 FS. History–New 9-6-78, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.170 Depreciation Formula for Educational Facilities

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented 235.01, 235.26, 235.435, 240.293, 240.327 FS. History–New 9-6-78, Repealed 6-21-83.

Fla. Admin. Code R. 6A-2.200 Establishment of District Capital Improvement Fund

History

• Rulemaking Authority 229.053(1), 235.01(2) FS. Law Implemented AVIIS12, State Constitution; 235.01, 235.014(7), 235.18, 235.42, 235.435, 236.35, 237.01 FS. History–New 4-11-70, Amended 2-20-71, 9-17-72, 2-18-74, 12-5-74, 3-10-75, Formerly 6A-1.09, Amended 9-6-78, 6-21-83, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.201 Commissioner to Administer Capital Outlay Programs

History

• Rulemaking Authority AVIIS9(a), (d)(11), State Constitution; 229.053(1), 235.01(2) FS. Law Implemented AVIIS9(a), (d), State Constitution; 235.014(8), 235.435, 236.35, FS. History–New 12-5-74, Amended 3-10-75, Formerly 6A-1.15, Amended 9-6-78, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.202 All Capital Outlay Funds to Be Administered Alike

History

• Rulemaking Authority AVIIS9(d)(11), State Constitution; 215.61(5), 229.053(1) FS. Law Implemented AVIIS9(d)(4), (5), State Constitution; 215.61(5), 234.41, 235.42(3), 235.435, 236.35, 237.01, 237.031 FS. History–New 12-5-74, Formerly 6A-1.25, Amended 9-6-78, 6-10-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.203 Reimbursement of Funds Improperly Expended

History

• Rulemaking Authority AVIIS9(d)(11), State Constitution; 215.61(5), 229.053(1), 236.13 FS. Law Implemented AVIIS9(d)(4), (5), State Constitution; 215.61(5), 235.014(7), 236.13, FS. History–New 12-5-74, Formerly 6A-1.26, Amended 9-6-78, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.204 Use of Current Capital Outlay Funds

History

• Rulemaking Authority AVIIS9(d)(11), State Constitution; 215.61(5), 229.053(1), 235.01(2), 235.42, 236.35 FS. Law Implemented AVIIS9(d)(8), State Constitution; 215.61(5), 235.01(2), 235.42, 236.35, 237.161, 237.162, FS. History–New 4-11-70, Amended 9-17-72, 12-5-74, Formerly 6A-1.27, Amended 9-6-78, 6-21-83, 6-1-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.205 Eligibility for Expenditure of Funds

History

• Rulemaking Authority AVIIS9(d), 9(a)(2), State Constitution; 215.61(5), 229.053(1), 235.01(2) FS. Law Implemented AVIIS9(d), State Constitution; 215.61(5), 235.01, 235.014, 235.055(3), 235.16, 235.18, 235.34, 235.42, 235.435, 236.35, 240.293, 240.327, FS. History–New 2-20-63, Amended 2-20-71, 3-19-72, 9-17-72, 7-20-73, 12-5-74, 11-24-76, 4-28-77, 8-8-77, Formerly 6A-1.28, Amended 9-6-78, 5-24-81, 6-21-83, 6-1-86, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.206 Eligibility for Expenditure of Funds

History

• Rulemaking Authority AVIIS9(d), State Constitution; 215.61(5), 229.053(1), 235.01(2) FS. Law Implemented AVIIS9(d), State Constitution; 215.61(5), 235.01, 235.016, 235.18, 235.41, 235.42, 235.435, 240.327, FS. History–New 2-20-63, Amended 3-19-72, 9-17-72, 12-5-74, Formerly 6A-1.30, Amended 9-6-78, 6-21-83, 6-1-86, 6-18-92, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.207 Establishment of Priorities of Capital Outlay Projects

History

• Rulemaking Authority AVIIS9(d), State Constitution; 215.61(5), 229.053(1), 235.01(2) FS. Law Implemented AVIIS9(d), State Constitution; 215.61(5), 235.01, 235.016, 235.18, 235.41, 235.42, 235.435, 240.327, FS. History–New 2-20-63, Amended 3-19-72, 9-17-72, 12-5-74, Formerly 6A-1.30, Amended 9-6-78, 6-21-83, 6-1-86, 6-18-92, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.208 Issuance of Local Bonds Pledging CO&DS and Forestry Funds for Debt Service

History

• Rulemaking Authority AVIIS9(d), State Constitution; 215.61(5), 229.053(1), 235.01(2), 236.37(3) FS. Law Implemented AVIIS9(d), State Constitution; 215.61(5), 235.01, 235.014(7), 235.435, 240.327, FS. History–New 4-8-68, Amended 4-11-70, 9-17-72, 12-5-74, Formerly 6A-1.301, Amended 9-6-78, Repealed 6-21-83.

Fla. Admin. Code R. 6A-2.209 Use of Capital Outlay Funds if There Are No Capital Outlay Needs

History

• Rulemaking Authority AVIIS9(d)(8)f., State Constitution; 215.61(5), 229.053(1) FS. Law Implemented AVIIS9(d), State Constitution; 215.61(5), 235.34, 235.435, 236.13, FS. History–New 12-5-74, Formerly 6A-1.32, Amended 9-6-78, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.210 Procedure for Handling State Board Bond Proceeds

History

• Rulemaking Authority AVIIS9(d), State Constitution; 215.61(5), 229.053(1), 235.01(2) FS. Law Implemented AVIIS9(d), State Constitution; 215.61(5), 229.053, 229.085(1), 229.512, 235.01, 235.42, 235.435, 236.13 FS. History–New 12-5-74, Formerly 6A-1.33, Amended 9-6-78, Repealed 6-21-83.

Fla. Admin. Code R. 6A-2.211 Duty of Board to Invest State Board Bond Proceeds

History

• Rulemaking Authority AVIIS9(d)(11), State Constitution; 215.61(5), 229.053(1), 235.01(2) FS. Law Implemented AVIIS9(d), State Constitution; 215.61(5), 230.33(12)(j), 235.01, 235.42(8), 236.49 FS. History–New 12-5-74, Formerly 6A-1.34, Amended 9-6-78, 6-21-83, Repealed 10-30-94.

Fla. Admin. Code R. 6A-2.212 State Board Bond Proceeds to Be Expended Only as Authorized in Resolution

History

• Rulemaking Authority AVIIS9(d), State Constitution; 215.61(5), 229.053(1) FS. Law Implemented AVIIS9(d), State Constitution; 215.61(5), 235.41, 236.13 FS. History–New 12-5-74, Formerly 6A-1.35, Amended 9-6-78, Repealed 10-30-94.

Chapter 6A-3 TRANSPORTATION

Fla. Admin. Code R. 6A-3.001 Basic Principles for Transportation of Students

(1) Where it is practicable to provide improved transportation service and school facilities for students from an area in adjoining districts, district lines shall not interfere with the designation of a school attendance area composed of areas of two (2) or more districts. It shall be the duty of school boards and superintendents of the districts involved to develop a plan which will issue the children of the area adequate school advantages. Students shall not be transported at public expense across district lines unless an annual agreement exists between the respective school boards. This agreement shall outline the responsibility of each district for providing school facilities, including transportation, and specify which district shall have exclusive responsibility for providing and operating the equipment. Unless the agreement shall stipulate otherwise, the rules and regulations of the district in which the bus is traveling shall be observed.

(2) All school bus routes shall be so planned and adjusted to the capacities of available equipment and school buses should be so chosen and assigned to routes and attendance areas that insofar as practicable the full capacity of each bus will be utilized, without standees, to serve students whose homes are beyond reasonable walking distance of the assigned public school center.

(3) A reasonable walking distance for any student who is not otherwise eligible for transportation pursuant to Section 1011.68, F.S., is any distance not more than two (2) miles between the home and school or one and one-half (1 1/2) miles between the home and the assigned bus stop. Such distance shall be measured from the closest pedestrian entry point of the property where the student resides to the closest pedestrian entry point of the assigned school building or to the assigned bus stop. The pedestrian entry point of the residence shall be where private property meets the public right-of-way. The district shall determine the shortest pedestrian route whether or not it is accessible to motor vehicle traffic.

History

• Rulemaking Authority 1001.02(1), 1006.21, 1006.22, 1011.68 FS. Law Implemented 1001.42(10), 1002.20(22), 1003.02(1)(e), 1006.22, 1011.68 FS. History–New 3-26-66, Amended 9-17-72, 7-20-74, Repromulgated 12-5-74, Formerly 6A-3.01, Amended 3-12-86, 11-15-94.

Fla. Admin. Code R. 6A-3.002 Formulation, Administration, and Enforcement of Transportation Regulations by Board and Superintendent

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.23(8), 230.33(10) FS. History–New 3-26-66, Formerly 6A-3.02, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.003 Certification as to Specifications of School Buses

(1) Before any manufacturer, distributor or dealer may offer for sale or lease any school bus chassis or bodies to be used for the transportation of students to public schools of Florida, such manufacturer, distributor or dealer shall:

(a) File with the Deputy Commissioner for Finance and Operations a certified statement that any school bus chassis or body sold by such manufacturer, distributor or dealer will meet the Federal Motor Vehicle Safety Standards required by section 1006.25(2), F.S., the National School Transportation Specifications & Procedures, May 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18858), and the Florida School Bus Specifications, effective January 1, 2026 (http://flrules.org/Gateway/reference.asp?No=Ref-18859), all of which are incorporated herein by reference. For information on obtaining copies of the National School Transportation Specifications & Procedures, May 2025 or the Florida School Bus Specifications, January 1, 2026, contact the Director of School Transportation Management, Florida Department of Education, Suite 834, 325 W. Gaines St., Tallahassee, FL 32399.

(b) Submit to the Deputy Commissioner for Finance and Operations or his/her authorized representative upon request, for the purpose of examination, a demonstrator model, or parts thereof, of each type of chassis or body model to be offered for sale. Such examination shall be for the purpose of ascertaining whether the respective chassis or body model meets the specifications, including quality standards, required by the State Board.

(2) Upon examining the specifications or the demonstrator chassis or body model, the Deputy Commissioner for Finance and Operations shall maintain a list of each chassis or body model that meets Florida school bus requirements. The Deputy Commissioner for Finance and Operations or his/her authorized representative shall furnish, upon request, superintendents a list of all chassis and body companies offering equipment for sale in Florida that meets the minimum specifications of the State Board.

(3) Insofar as practicable, the Deputy Commissioner for Finance and Operations or his/her authorized representative shall make periodic inspections of school bus chassis and bodies delivered to school boards for the purpose of determining if the standards referenced in paragraph (1)(a) of this rule have been met. Should it be determined that any chassis or body delivered to a school board does not meet these standards, including equipment specified, the manufacturer, distributor or dealer shall make satisfactory corrections as prescribed by the Deputy Commissioner for Finance and Operations or authorized representative. The Deputy Commissioner for Finance and Operations and the district receiving such equipment shall refuse further approval of bids submitted by the manufacturer, distributor, dealer or representative until satisfactory corrections are made.

(4) Any school district may, at its option, upgrade any school bus or buses with equipment meeting specifications that are current at the time of the upgrade.

(5) A school bus as defined in s. 1006.25, F.S., that is equipped with a school bus infraction detection system as defined in s. 316.003, F.S., and operated in accordance with s. 316.173, F.S., for the purpose of documenting a motor vehicle illegally passing a stopped school bus in violation of s. 316.172(1)(a) or (b), F.S., is subject to the following:

(a) the system shall be comprised of two (2) or more cameras affixed to a school bus that meets all of the following requirements:

1. Is synchronized to automatically record video or one or more sequenced photographs of a vehicle failing to stop for a school bus in violation of s. 316.172(1)(a) or (b), F.S.;

2. Is capable of capturing images of:

a. The left and right side of the school bus documenting a vehicle illegally passing the stopped school bus from either direction beginning when the vehicle is no less than two-hundred (200) feet from the school bus; and

b. The license plate on the rear of the vehicle.

3. Is capable of capturing a record of the following:

a. The date, time and GPS location of the violation;

b. The status of the school bus’s eight-way student warning light system at the time of the violation; and

c. The date stamp documenting the latest system self-test conducted on the School Bus Infraction Detection System.

(b) School bus infraction detection systems must perform a self-test no less than once every thirty (30) days and be tested by a licensed technician at least once a year.

(c) The school district shall ensure that images and data recorded by the system will not identify or depict any student unless the student is the operator of a vehicle failing to stop for a school bus in violation of 316.172(1)(a) or (b), F.S.

(6) The Commissioner may approve special equipment differing from, or not prescribed, in Florida School Bus Specifications for the specific purpose of limited pilot testing to determine if such equipment provides substantive improvements in safety or cost-effectiveness. Pilot testing of equipment shall not be approved until the Commissioner has determined, to the extent practical, that the equipment will not compromise safety.

History

• Rulemaking Authority 316.173(17), (18), 1001.02(1), 1006.25(2), (4) FS. Law Implemented 316.003, 316.173, 1006.25 FS. History–New 7-20-74, Repromulgated 12-5-74, Formerly 6A-3.03, Amended 11-15-94, 8-20-17, 10-24-19, 11-23-22, 11-21-23, 12-21-25.

Fla. Admin. Code R. 6A-3.004 Procedures for Bids for School Buses

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 237.02(2) FS. History–New 7-20-74, Amended 12-5-74, Formerly 6A-3.04, Amended 11-15-94, Repealed 4-18-96.

Fla. Admin. Code R. 6A-3.005 Awarding Contracts for Purchase of School Buses

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.79, 230.23(10) FS. History–New 3-26-66, Amended 12-5-74, Formerly 6A-3.05, Amended 11-15-94, Repealed 4-18-96.

Fla. Admin. Code R. 6A-3.006 Pool Purchase Plan for Purchase of Equipment and Contractual Needs; Department of Management Services, Division of Purchasing Authorized to Negotiate Contracts

(1) The Deputy Commissioner for Finance and Operations or designee is authorized and directed to coordinate volume purchasing of transportation equipment as provided by Section 1006.27, F.S. This purchasing plan shall include conducting and administering bids for new school buses, coordinating purchasing of drug and alcohol testing services, and purchasing of other commodities and services as needed. The Department may award bids as either low bid awards or as multiple supplier awards. Special equipment not included in the bid specifications but approved by the Deputy Commissioner for Finance and Operations shall be listed and priced separately.

(2) Each dealer submitting bids under a pool plan shall enclose a certified check, bank money order, cashier’s check, or performance bond as a good faith deposit in an amount in keeping with the minimum order, drawn in favor of the State of Florida and the purchasing school districts. The good faith deposit of the successful bidder shall be held until the terms of the purchase contract have been met. The good faith deposit shall be forfeited in full or in part if the contract is not fulfilled, provided that the State Board shall have the right to grant an extension of time if the reason for not meeting the terms of the contract is beyond the control of the successful bidder and to alter the terms of the contract before the deposit is forfeited and deposited as required by law.

(3) The period covered by the contract or contracts shall be for such duration and may be renewable as may be determined by the Deputy Commissioner for Finance and Operations as is consistent with needs, availability of materials, and production schedules, and shall provide that the equipment shall be made available to school boards and state agencies in compliance with the provisions of Section 1006.27 and Chapter 287, F.S.

(4) Each participating district and other authorized purchasers shall issue a purchase order or orders for the equipment as a commitment to purchase, provided the quantity of such orders may be increased.

(5) A contract for the purchase of school bus chassis, bodies, or equipment may be made upon the basis of bids received by the school board when the price quoted does not exceed the comparable ceiling price established by the most recent state volume purchasing plan or bids accepted by the Deputy Commissioner for Finance and Operations. In any case, where there is question as to whether ceiling prices are exceeded, the bids shall be forwarded to the Deputy Commissioner for Finance and Operations for review and approval before awarding a contract. In all such cases, the Deputy Commissioner for Finance and Operations, before approval is given, shall review bids and specifications to determine if laws and rules have been complied with.

(6) The Deputy Commissioner for Finance and Operations, upon approval of the Office of Planning and Budgeting in the Executive Office of the Governor, may serve as agent in clearance of volume purchases in the event companies submitting successful bids will not accept purchase orders and warrants for payment of invoices issued by school boards.

History

• Rulemaking Authority 1001.02(1), 1002.42(15)(f), 1006.27 FS. Law Implemented 1002.42, 1006.27, 1010.04(1) FS. History–New 3-26-66, Repromulgated 12-5-74, Amended 7-10-85, Formerly 6A-3.06, Amended 8-19-86, 11-15-94, 4-18-96, 11-26-06, 4-25-17.

Fla. Admin. Code R. 6A-3.007 Purchase of Used School Buses

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 234.02, 234.051 FS. History–New 3-26-66, Amended 4-11-70, 12-5-74, Formerly 6A-3.07, Amended 11-15-94, Repealed 4-18-96.

Fla. Admin. Code R. 6A-3.008 Sale or Disposal of Transportation Equipment

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 235.04 FS. History–New 3-26-66, Formerly 6A-3.08, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.009 Transportation Survey

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.23(8), 230.33(10), 234.071 FS. History–New 3-26-66, Amended 9-17-72, 7-20-74, 12-5-74, 9-8-76, Formerly 6A-3.09, Repealed 3-12-86.

Fla. Admin. Code R. 6A-3.010 Transportation; Types of Schools and Eligible Pupils

History

• Rulemaking Authority 229.053(1), 236.05 FS. Law Implemented 236.05 FS. History–New 9-8-68, Amended 9-17-72, Formerly 6A-3.10, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.011 Procedures for Determining Transportation Allocation

History

• Rulemaking Authority 236.05, 229.053(1) FS. Law Implemented 236.05 FS. History–New 9-8-68, Amended 4-11-70, 2-20-71, 9-17-72, 12-18-72, Formerly 6A-3.11, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.012 Transportation of Students to a District Junior College

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.23(4) FS. History–New 9-8-68, Amended 4-11-70, 9-17-72, 12-5-74, Formerly 6A-3.12, Repealed 7-28-81.

Fla. Admin. Code R. 6A-3.0121 Responsibility of School District and Parents or Guardians for Students Who Are Transported at Public Expense

(1) The school district shall determine safety measures to be used in the transportation of students, such as the designation of routes, bus turning areas, student stop locations, and the method of securement or positioning of students with special needs.

(2) The school district shall exercise additional specific powers and responsibilities as follows:

(a) The district shall provide bus operators and attendants instructions, in writing, as to any special conditions or non-medical care which a student may need while on the bus.

(b) The district shall instruct bus operators, and attendants if used, in their responsibilities for students who are transported at public expense as follows:

1. The operator or attendant of a bus transporting students shall remain with the bus so that students aboard will be under supervision at all times, except to call for assistance in case of an emergency or accident involving the students or bus.

2. In cases where a student with physical disabilities is unable to leave the area of a student stop without assistance, the school bus operator shall not assume responsibility for such assistance except in an emergency which threatens the safety of such student or students.

3. The operator and attendant shall be provided certified cardiopulmonary resuscitation (CPR) and first aid training along with other required pre-service training prior to transporting students, and shall receive CPR and first aid refresher in-service training at least biennially; however, the operator and attendant shall not give medicine and shall limit his or her assistance to that which may normally be expected of a reasonable, prudent person or as specified in the student’s Individual Educational Plan or Individualized Seizure Action Plan.

4. Each school district must ensure that school bus operators and attendants receive information regarding each affected student’s Individualized Seizure Action Plan and appropriate training regarding how to provide recommended care if the student shows symptoms of the epilepsy or seizure disorder, in accordance with Section 1006.062, F.S. The student’s parent and emergency contact information must also be provided to bus operators and attendants.

(c) The district shall inform parents, guardians, and students at least annually, in writing, of their responsibilities and related district policies as follows:

1. To ensure the safe travel of their students during the portions of each trip to and from school and home when the students are not under the custody and control of the school district, including during each trip to and from home and the assigned bus stop when the school district provides bus transportation.

2. To ensure that students ride only in their assigned school buses and get off only at assigned bus stops, except when the district has approved alternative buses or arrangements.

3. To ensure students are aware of and follow the district’s adopted code of student conduct while the students are at school bus stops and to provide necessary supervision during times when the bus is not present.

4. To ensure that, when the physical disability of the student renders the student unable to get on and off the bus without assistance, the parent or guardian provides the necessary assistance to help the student get on and off at the bus stop, as required by district policy or the student’s Individual Educational Plan.

(3) Knowledge, skills and abilities related to student management techniques and characteristics of the students shall be considered when selecting or assigning operators and attendants for routes serving students.

History

• Rulemaking Authority 1001.02(1), 1006.22(13) FS. Law Implemented 1001.42(10), 1003.31(1)(d), 1006.062, 1006.0626, 1006.10, 1006.22 FS. History–New 3-26-66, Amended 9-17-72, Repromulgated 12-5-74, Formerly 6A-3.121, Amended 11-15-94, 11-26-06, 4-25-17, 8-20-19, 11-23-22.

Fla. Admin. Code R. 6A-3.013 Adjustment of Allocation When Pupils Are Improperly Reported

History

• Rulemaking Authority 236.05(1) FS. Law Implemented 236.05(1) FS. History–New 9-8-68, Formerly 6A-3.13, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.014 Employment of School Bus Drivers

History

• Rulemaking Authority 229.053(1), 234.02, 234.091, 234.101 FS. Law Implemented 112.044(3), 120.55(1)(a), 234.02, 234.091, 234.101 FS. History–New 9-17-72, Amended 9-20-74, 12-5-74, 7-12-77, 7-10-85, Formerly 6A-3.14, Amended 3-12-86, Repealed 5-16-89.

Fla. Admin. Code R. 6A-3.0141 Employment of School Bus Operators

(1)(a) School bus operators are defined as any persons employed or contracted by the school district to transport prekindergarten through grade 12 students in school buses as defined in section 1006.25, F.S., or any vehicle with a seating capacity of 11 or more including the driver.

(b) Alternate vehicle operators are defined as any persons employed or contracted by the school district to transport prekindergarten through grade 12 students in vehicles that are not defined as school buses with a seating capacity of 10 or fewer, including the driver, as described in paragraph 6A-3.0171(1)(e), F.A.C.

(2) At the time of initial employment the school board shall ensure that the operator of a school bus meets the following requirements:

(a) Have five (5) years of licensed driving experience.

(b) Have submitted to the superintendent or designee a written application for employment in a form prescribed by the school board (Does not apply to contracted transportation providers).

(c) Have filed a set of fingerprints for the purpose of the required background check for determining criminal record.

(3) Prior to transporting students on a school bus, each operator employed or contracted by the district shall meet the following requirements:

(a) Hold a valid driver’s license for the respective weight class of the bus that will be operated. A Class E driver’s license without endorsements is required for school buses and multifunction school activity buses (MFSABs) with a gross vehicle weight rating (GVWR) of 26,000 pounds or less with a seating capacity of 15 or fewer, including the driver. A Class B commercial driver’s license (CDL) with a passenger endorsement and a school bus endorsement is required for school buses and MFSABs with a GVWR of 26,001 pounds or more and/or a seating capacity of 16 or more, including the driver.

(b) Complete forty (40) hours of preservice training, which must include certified cardiopulmonary resuscitation (CPR) and first aid training, and must consist of at least twenty (20) hours of classroom instruction and eight (8) hours of behind-the-wheel training. The classroom instruction and behind-the-wheel training shall be based upon the Department’s Basic School Bus Operator Curriculum, Revised 2021, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13735) which is hereby incorporated by reference and made a part of this rule. This document may be obtained from the School Transportation Management Section, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399, at a cost not to exceed actual production and distribution costs.

(c) Demonstrate the ability to prepare required written reports.

(d) Be physically capable of operating the vehicle as determined by physical examination, in accordance with 49 CFR 391.41, as evidenced by the Medical Examiner’s Certificate (Form MCSA-5876) and given by a certified medical examiner, registered with the National Registry of Certified Medical Examiners, pursuant to 49 CFR 391.43 and as determined by a dexterity test administered by the school district. Form MCSA-5876 (effective March 2016) is incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-06476) and may be obtained from the School Transportation Management Section, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399. The school district shall report dexterity results on Form ESE 480, Dexterity Test for School Bus Driver (http://www.flrules.org/Gateway/reference.asp?No=Ref-06477) (effective March 2016), which is incorporated in this rule by reference. Compliance with 49 CFR 391 is required under Section 1012.45, F.S. Form ESE 480 may be obtained from the School Transportation Management Section, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(e) Demonstrate physical and mental capabilities required to carry out all assigned responsibilities as a school bus operator.

(4) Each district school board shall obtain a driver’s history record from the Department of Highway Safety and Motor Vehicles for each regular school bus operator, substitute operator, or any other individual certified to drive a school bus by the district. The schedule for reviewing these records shall be:

(a) Prior to initial employment;

(b) Prior to the first day of the fall semester;

(c) Thereafter, the district shall continuously screen operator records using the automated weekly updates, ensuring proper retrieval documentation for every week.

(5) Driver history records shall be requested in a manner prescribed by the Department of Highway Safety and Motor Vehicles using the agency’s Motor Vehicle Operator Tracking and Reporting System (MOTRS). All school districts shall obtain and review records for school bus operators using MOTRS. For any operator licensed in another state, the district shall obtain and review the driver’s history record from the appropriate state on a weekly basis.

(6) Each school district shall establish a school board policy that specifies which infractions of the traffic code deem an applicant unqualified for employment and which causes any employee to be subject to a prescribed follow-up action. At a minimum, this policy shall state that any district that transports students, school bus operator or contracted operator who should have known that his or her license has expired or has been suspended or revoked shall be subject to prescribed disciplinary measures up to and including dismissal or termination of their contract by the school board.

(7) At least annually, the school district shall ensure that the operator of a school bus meets the following requirements:

(a) The requirements of paragraph (3)(a) of this rule.

(b) Successfully complete a minimum of eight (8) hours of inservice training related to the operator’s responsibilities for transporting students, which may include training hours from the required certified CPR and first aid training, pursuant to subparagraph 6A-3.0121(2)(b)3., F.A.C.

(c) Successfully pass a dexterity test administered by the school district and maintain a valid Medical Examiners Certificate.

(8) At the time of reemployment, the school board shall ensure that each school bus operator meets all of the requirements of subsection (2) and paragraphs (3)(a) and (d) of this rule. If not more than a twelve continuous calendar month break in service has occurred, an operator shall be required to complete eight (8) hours of in-service training related to their responsibilities for transporting students prior to driving a school bus with students. If a period exceeding twelve (12) calendar months has occurred, the operator shall be required to successfully complete all of the requirements of subsections (2) through (6) of this rule.

(9) All school bus operators shall be subject to the Federal requirements of 49 C.F.R., Parts 382 and 391 related to the substance abuse testing and alcohol detection program.

(10) Notwithstanding the requirements of paragraph (3)(d) of this rule, a school district may accept a Medical Examiner’s Certificate that specifies a medical variance, waiver or exemption for a condition existing prior to March 23, 2016, if the school bus operator:

(a) Was employed by a school district on or before March 23, 2016;

(b) Was deemed physically capable of operating the vehicle under a prior version of this rule; and,

(c) Has demonstrated to the satisfaction of the school district that he or she is physically capable of operating the vehicle.

History

• Rulemaking Authority 316.615(3), 1001.02(1), 1006.22, 1012.45 FS. Law Implemented 316.615, 1006.22, 1012.32(2)(a), 1012.45 FS. History–New 8-1-86, Amended 7-5-89, 11-15-94, 4-18-96, 6-24-03, 11-26-06, 4-25-07, 3-23-16, 11-29-16, 8-20-19, 11-23-21, 12-21-25.

Fla. Admin. Code R. 6A-3.015 School Bus Driver’s License

History

• Rulemaking Authority 229.053(1), 234.091, 234.101 FS. Law Implemented 234.091, 234.101 FS. History–New 3-26-66, Amended 9-17-72, 12-18-72, 7-20-74, 12-5-74, 7-10-85, Formerly 6A-3.15, Amended 12-28-86, Repealed 11-15-94.

Fla. Admin. Code R. 6A-3.0151 School Bus Driver Physical Examination and Medical Examiners Certificate

History

• Rulemaking Authority 1001.02, 1006.21, 1006.22 FS. Law Implemented 1001.02, 1006.21, 1006.22 FS. History–New 11-15-94, Repealed 3-23-16.

Fla. Admin. Code R. 6A-3.016 Responsibilities of Deputy Commissioner for Finance and Operations for Student Transportation

History

• Rulemaking Authority 1001.02, 1006.21, 1006.22 FS. Law Implemented 1001.02, 1006.21, 1006.22 FS. History–New 9-17-72, Amended 7-20-74, Repromulgated 12-5-74, Formerly 6A-3.16, Amended 11-15-94, 11-26-06, Repealed 4-25-17.

Fla. Admin. Code R. 6A-3.0171 Responsibilities of School Districts for Student Transportation

Each school district shall exercise specific powers and responsibilities, as follows:

(1) Responsibilities of Superintendent. It shall be the duty of the superintendent, acting as executive officer for the school board to exercise functions and to perform duties listed below:

(a) To recommend to the school board such policies, rules and regulations, plans and procedures as the superintendent shall deem desirable or necessary for provisions of satisfactory transportation facilities and equipment in the district, and as executive officer of the board, to administer the transportation service and to make sure that all policies and actions approved by the board are properly executed.

(b) To recommend to the school board for employment such assistants as are, in his or her judgement, necessary to supervise transportation operation and maintenance and to provide essential records, maps and studies of the service.

(c) To recommend in writing to the school board for employment qualified bus operators, attendants and mechanics as may be necessary for efficient functioning of the service.

(d) To develop safety regulations and promote proper safety practices for all operators.

(e) To prepare and recommend to the school board plans for the purchase, lease, rental or contracting of safe school buses and alternate vehicles used to transport students to and from school or school activities and to ensure that vehicles purchased, leased, rented or contracted for student transportation meet the allowable usage indicated in the following chart:

Vehicle Type

Vehicle Certification Label

Federal or State Vehicle Definition

Common Name

Manufactured Seating Capacity Including the Driver

Gross Vehicle Weight Rating (GVWR)

Allowable Usage

Driver Requirements

School Bus

School Bus

s. 1006.25, F.S.

School Bus (Yellow in Color)

11 to 15 seating positions, including the driver

< 26,001 Lbs. GVWR

Home to School and School to Home Transportation

School Center to School Center

School-Sponsored Field, Activity and Sporting Events and Trips

Class "E" License,

NOTE: See Rule 6A-3.0141, F.A.C., for all requirements.

49 CFR 571.3(c) “School bus”

16 or more seating positions, including the driver

≥ 26,001 Lbs. GVWR

Class "B" CDL with Passenger Endorsement (P) and School Bus Endorsement (S), Valid Medical Examiner Certificate (MCSA-5876), Valid Dexterity Exam (ESE-480), Current Weekly Driver History Record Check via MOTRS

NOTE: See Rule 6A-3.0141, F.A.C., for all requirements.

MFSAB

Multifunction School Activity Bus (MFSAB)

49 CFR 571.3(c) “Multifunction school activity bus”

MFSAB (TYPE A) Cannot Be Yellow

11 to 15 seating positions, including the driver

< 26,001 Lbs. GVWR

School Center to School Center, School Sponsored Field, Activity and Sporting Events and Trips.

Class "E" License,

NOTE: See Rule 6A-3.0141, F.A.C., for all requirements.

MFSAB (TYPE C and D) Cannot Be Yellow

16 or more seating positions, including the driver

≥ 26,001 Lbs. GVWR

Class "B" CDL with Passenger Endorsement (P) and School Bus Endorsement (S), Valid Medical Examiner Certificate (MCSA-5876), Valid Dexterity Exam (ESE-480), Current Weekly Driver History Record Check via MOTRS

NOTE: See Rule 6A-3.0141, F.A.C., for all requirements.

MPV

Multipurpose Passenger Vehicle (MPV)

49 CFR 571.3(c) “Multipurpose passenger vehicle”

MPV, SUV, Minivan

10 or fewer seating positions, including the driver

Varies

Home to School and School to Home Transportation

Minimum of a Class "E" Driver's License

NOTE: See Rule 6A-3.0141, F.A.C., for all requirements.

Passenger Car

Passenger Car

49 CFR 571.3(c) “Passenger car”

Passenger Car

School Center to School Center

Truck

Truck

49 CFR 571.3(c) “Truck”

Truck

School Sponsored Field, Activity and Sporting Events and Trips.

Common Carrier

Bus

49 CFR 571.3(b) “Bus”

Common Carrier

11 or more seating positions, including the driver

Varies

The exception for use is described in s. 1006.22(5), F.S. Common Carriers may be used to transport students to and from in-season and postseason athletic contests and to and from a school function or event.

Interstate Motor Coach Companies operate under FMCSA regulations

Bus

Bus (not a school bus)

49 CFR 571.3(b) “Bus”

Cargo Van/ Shuttle Bus/ 11-15 Passenger Van

11 or more seating positions, including the driver

Varies

VEHICLE NOT ALLOWED

VEHICLE NOT ALLOWED

Motorcycle

Motorcycle

49 CFR 571.3(c) “Motorcycle”

Motorcycle

1 driver and 1 passenger maximum

Varies

VEHICLE NOT ALLOWED

VEHICLE NOT ALLOWED

(f) To organize or approve an inspection, maintenance and repair service for publicly owned, charter school owned, and contracted buses to ensure that the condition of each bus is maintained to meet or exceed accepted school bus industry and state standards, and which will be adequate to provide for quick and economical repair of any bus, and to make sure that this service functions efficiently.

(g) To propose garages at which buses shall be inspected, when arrangements for this service have not been made to use school board employed mechanics, and to see that inspections are systematically made at least once every one hundred and one (101) calendar days, at garages approved by the board.

(h) To make periodic, objective surveys of school bus and garage equipment, routes, safety practices, repair and operating costs, and when unsatisfactory conditions are discovered, to recommend corrective measures to the school board.

(2) The school district shall exercise additional specific powers and responsibilities, as follows:

(a) Enforcement of law and rules and formulation of policies.

(b) To make sure that State Board of Education rules are known, understood and observed by all who have responsibility for student transportation.

(c) To ensure that all transportation rules and statements of policy are in harmony with rules of the State Board of Education, and are fully observed.

(d) To ensure that no state funds for transportation are used for transportation of students to schools which cannot qualify for recognition by the Department under the provisions of State Board of Education rules.

(e) To adopt, after considering recommendations of the superintendent, a school board policy prohibiting the use of a cellular telephone by any vehicle operator while actively transporting students.

(f) To adopt, after considering recommendations of the superintendent, a school board policy that prohibits unnecessary idling of school buses while they are in the vicinity of students.

(g) To adopt, after considering recommendations of the superintendent, statements of policy in harmony with law and with rules of the State Board of Education necessary for maintaining the requirements of adequate transportation. Such policies shall include at least the following responsibilities of the director or supervisor of transportation, the school principal or other designated staff and the bus operator for uniform school bus operating procedures:

1. Responsibilities of the director or supervisor of transportation:

a. To counsel with school bus operators regarding safety and efficiency of service to schools and to make recommendations to them for improvement in service.

b. To confer with the superintendent or the superintendent’s designee regarding bus operators and to recommend such personnel for employment.

c. To instruct school bus operators in procedures to be followed in conducting school bus emergency evacuation drills and to confer with each school principal regarding scheduling, conducting and documenting school bus evacuation drills. These procedures shall include a requirement that all operators of school buses transporting students, teachers, or chaperones on field and activity trips instruct all passengers in the locations and proper use of school bus emergency exits prior to each such trip.

d. To counsel with bus operators regarding operator responsibility and authority.

2. Responsibilities of the school principal or other designated school staff:

a. To assume responsibility under the direction of the superintendent for all student disciplinary cases that arise in connection with transportation.

b. To plan the program of the school so that transported students who arrive early or remain late will be under school supervision at all times.

c. To plan and assign places for students to get on and off school buses at the school, and to ensure the safety of the loading/unloading zone and to provide supervision of students.

d. To direct school bus emergency evacuation drills on each bus serving the school during the first six (6) weeks of each semester, and to maintain documentation for all students.

e. To provide instruction for all transported students in safe practices on and off the bus during the first six (6) weeks of the first semester of the school year.

f. To request authority in writing for transportation of students on field trips and activity trips, or other special trips, and to plan such trips in accordance with policies approved by the school board.

3. Responsibilities of the school bus operator:

a. To pass all required physical examinations and meet such requirements as may be prescribed by law or rules.

b. To be clean and neat in appearance, and to refrain from wearing shoes which are not securely held on the foot.

c. To refrain from use of tobacco while operating the bus, and to use no profane language in the presence of the students. Operators shall not use or be under the influence of alcohol, illicit drugs, or any substance which may impair the operator’s alertness or performance while on duty.

d. To prescribe, in cooperation with the principals, the seating arrangements of students on all buses.

e. To report needed changes in school bus transportation to the director or supervisor of transportation including bus loads, bus deficiencies, road hazards, routes and schedules.

f. To study and observe all laws and rules of the State Board of Education and the school board relating to the service of transportation.

g. To attend and participate in conferences and training classes for school bus operators and to be prepared at any time to successfully pass an examination concerning traffic laws, state and local transportation rules and driving skills.

h. To ascertain and ensure that transported students observe all rules prescribed by law and by the state and local board.

i. To maintain order and discipline, under the direction of the school principal, on the part of every passenger.

j. To permit a student to leave the bus only at their assigned stop, except upon written authorization of the school principal or other district designee.

k. To observe all procedures incorporated in the Florida Department of Education’s Basic School Bus Operator’s Curriculum, revised 2021 as incorporated by reference in paragraph 6A-3.0141(3)(b), F.A.C.

l. To instruct transported students in safe riding practices.

m. To require all passengers to remain seated and to keep aisles and exits clear.

n. To participate in emergency evacuation drills at least once each school semester under the direction of the school principal or the principal’s designee.

o. To use the bus, if it is publicly owned, only to transport students to and from school, except upon specific direction of the superintendent or from the principal upon written authorization by the superintendent.

p. To prepare immediately after every accident involving the bus, or a school bus passenger, an accident report to be filed with the director or supervisor of transportation.

q. To ascertain and ensure that all persons are off the bus before filling the fuel tank.

r. To cooperate with duly authorized school officials, mechanics and other personnel in the mechanical maintenance and repair of bus in overcoming hazards which threaten the safety or efficiency of service.

s. To inspect the bus at least daily prior to the beginning of the first daily trip or more often as required by the school district and to report any defect affecting safety or economy of operation immediately and in writing to authorized service personnel. The inspection shall include all items identified in the procedures related to the mandatory daily pre-trip inspection in the Basic School Bus Operator Curriculum.

t. To keep the bus clean and neat at all times and not affix any stickers or other unauthorized items to the interior or exterior of buses.

u. To prepare reports, keep all records required, and otherwise assist school officials in mapping bus routes, planning schedules and in obtaining information for a continuous study of all phases of transportation service.

v. To wear a seat belt and instruct all passengers to wear a seat belt at all times when the bus is in operation, in accordance with section 1006.25(4), F.S.

w. To use roof-mounted white flashing strobe lights, at a minimum, whenever headlights are required to be used due to reduced visibility conditions pursuant to s. 316.217(1)(b), F.S., except that insufficient light due only to the time of day or night shall not require use of the strobe light.

x. To report immediately to the director or supervisor of transportation, school principal or other designated officials:

(I) Misconduct on the part of any student while on the bus or under the operator’s immediate supervision;

(II) Complaints requiring the attention of school authorities;

(III) Any hazards arising which would offer either an actual or a potential threat to the safety of students in the operator’s care;

(IV) Causes for failure to maintain the school bus route schedule; and,

(V) Overloaded conditions on the bus which exceed the rated seating capacity of the bus.

y. To perform a complete interior inspection of each bus after each run and trip to ensure no students are left on board.

z. To maintain as far as practicable by patient and considerate treatment of parents a feeling of security in the safety of students transported.

(3) Transportation personnel.

(a) To employ such assistants as may be recommended by the superintendent and as are necessary in the judgment of the board to supervise operation and maintenance of school buses and to provide records and maps for a continuous study of transportation routes and needs within the district.

(b) To employ or contract only for services of school bus operators who meet the requirements of Rule 6A-3.0141, F.A.C.

(4) Transported students.

(a) To consider, and as nearly as possible to provide for, the transit, safety, and comfort of each student who will be transported to and from school.

(b) To approve, after considering recommendations of the superintendent, policies relating to and governing the conduct of transported students during the time they are riding on the school bus, and during the time spent on the school grounds awaiting the opening of school or in the afternoon hours waiting for the school bus.

(c) To suspend for a period not to exceed ten (10) days, upon recommendation of the superintendent, any student who willfully and persistently violates school board policies, in accordance with s. 1003.01(5)(a), F.S.

(5) Purchases, lease and use of school buses.

(a) To provide, by purchase or contract, safe, comfortable and adequate transportation facilities and school buses which meet minimum standards of law and State Board of Education rules.

(b) To purchase transportation equipment in accordance with all provisions of law and State Board of Education rules.

(c) To ensure that contracts entered into by school boards for operation of school buses and alternate vehicles are in accordance with law and rules of the State Board of Education.

(d) To adopt policies governing the use of publicly owned and contracted school buses and alternate vehicles for transportation of students to school and school activities, and to ascertain and ensure that buses, bus bodies and alternate vehicles are used only after policies have been adopted and upon written instructions signed by the superintendent or designee. Such district policies shall include the provision that any equipment carried in a school bus or alternate vehicles which could shift on impact or sudden stop shall be securely fastened and shall not block any aisle or exit at any time.

(6) Routes and schedules.

(a) To designate school bus routes, following consideration of data and recommendations presented by the superintendent, to provide for students eligible for transportation when transportation by school bus is economical and practicable.

(b) To propose minimum distances from school centers within which no bus stops will be scheduled except for students with special transportation needs; to propose minimum distances from transportation routes as residence zones within which students must arrange to meet the bus at regularly scheduled stops; and to plan and arrange routes, schedules, and student capacities in accordance with policies adopted by the school board.

(c) To plan routes, so far as practicable, so that no elementary student shall be on a bus more than fifty (50) minutes or secondary school student more than one (1) hour during the morning or evening, and so that no more than an hour and one-half will elapse between the time the student boards the bus and the time school begins, or the time school closes and the student leaves the bus in the afternoon, and to arrange proposed routes which, insofar as possible, are free from major hazards.

(d) To ensure that county and city officials are advised of hazards on bus routes and hazards involving students walking to and from school.

(7) School bus operating principles. To ensure that all buses are operated in accordance with municipal, county and state traffic requirements and that every precaution is taken to ensure the safety of students.

(8) Inspection and maintenance of school buses.

(a) To provide, after considering recommendations of the superintendent, adequate storage, maintenance and inspection procedures for all buses owned by the school board, and to ensure that all contract buses and charter school buses in use in the district are properly inspected and maintained in accordance with law and rules of the State Board of Education.

(b) Inspections of school buses shall be conducted at an interval not to exceed 101 calendar days between inspections by technicians certified as school bus safety inspectors in accordance with procedures including all items described in the State of Florida School Bus Safety Inspection Manual, December 2025 Edition (http://flrules.org/Gateway/reference.asp?No=Ref-18874) and documented on the respective Florida School Bus Safety Inspection Form 2025-BIF or 2025 EBIF or FDOE-approved electronic equivalent as incorporated in the State of Florida School Bus Safety Inspection Manual.

(c) Alternate vehicles used to transport students shall have signage or lettering on the vehicle's exterior identifying the vehicle as authorized for student transportation.

(d) Any bus that is removed from service or deadlined to disrupt the safety inspection schedule shall be inspected before being returned to service. All safety-related deficiencies discovered during the school bus inspection must be repaired and documented on the respective inspection form, along with an associated repair order, before the bus is returned to service. No person shall knowingly render inoperative or reduce compliance of any school bus required to meet Federal Motor Vehicle Safety Standards applicable at the time of manufacture.

(e) The State of Florida School Bus Safety Inspection Manual, which includes the School Bus Safety Inspector Application form 2025-SI, District Online Test Administrator Application form 2025-TA, Bus Inspection form 2025-BIF, and Electric Bus Inspection Form 2025-EBIF are made effective December 2025 and hereby incorporated by reference and made a part of this rule. These documents may be obtained from the department’s website at https://www.fldoe.org/schools/healthy-schools/transportation/. They may also be obtained from the department’s School Transportation Management Section, 325 West Gaines Street, Tallahassee, Florida 32399, at a cost that does not exceed actual production and distribution costs.

(f) The requirement that inspections be performed by a certified Florida School Bus Safety Inspector may be waived for a period not to exceed six (6) months when an emergency condition exists, upon written notification to the Commissioner of Education by the district superintendent.

(9) Transportation records, reports and accounting.

(a) To ascertain and ensure that all prescribed records are kept and reports made which are required by law or rules.

(b) To ensure that all records and reports are properly completed and furnished on the dates due to those designated to receive them.

(c) Keep a current file of all Medical Examiner Certificates and required dexterity tests for school bus operators.

(d) To maintain records of inspection of each school bus in accordance with requirements of subsection (8) of this rule.

(e) To prepare maps of routes and attendance zones and conduct and carry on such studies of transportation as shall enable the superintendent to measure progress and recommend improvements in the transportation service.

(f) To prescribe and maintain, upon recommendation of the superintendent, such additional records, reports, accounts and accounting procedures as may be necessary to provide complete information regarding the transportation service.

(g) To report bus inventories using the department’s Online Bus Inventory Application, which may be accessed at https://web01.fldoe.org/BusOnlineInventory/Admin/AdminUserMaintenance.aspx.

(10) Inter-agency relationships. To cooperate with municipal, county, state, and federal agencies to promote the safety of the transportation service through the correction of remediable road hazards.

History

• Rulemaking Authority 316.615, 1001.02(1), 1002.33(28), 1003.31, 1006.21, 1006.22, 1006.25(4), 1012.45 FS. Law Implemented 316.615, 1002.33(20)(c), 1003.31, 1006.22, 1006.25(4), 1012.45 FS. History–New 9-4-64, Amended 3-25-66, 1-17-72, 7-20-74, Repromulgated 12-5-74, Amended 11-24-76, 10-1-81, Formerly 6A-3.17, Amended 9-30-87, 6-26-89, 11-15-94, 8-28-95, 4-18-96, Formerly 6-3.017, Amended 6-11-00, Formerly 6-3.017, Amended 4-21-03, 11-26-08, 3-23-16, 3-22-17, 10-27-20, 11-23-21, 12-21-25.

Fla. Admin. Code R. 6A-3.018 Responsibilities of Superintendent

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.33(10), 234.021 FS. History–New 9-17-72, Amended 7-20-74, 12-5-74, 7-10-85, Formerly 6A-3.18, Amended 11-15-94, Repealed 4-18-96.

Fla. Admin. Code R. 6A-3.019 Responsibilities of Supervisor of Transportation

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.23(5) FS. History–New 3-26-66, Formerly 6A-3.19, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.020 Responsibilities of the School Principal

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.03(5) FS. History–New 2-26-66, Amended 9-17-72, Formerly 6A-3.20, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.021 Responsibilities of the School Bus Driver

History

• Rulemaking Authority 234.21 FS. Law Implemented 234.21, 232.28 FS. History–New 9-2-64, Amended 4-11-70, 2-20-71, 7-19-72, 9-17-72, 11-18-72, Formerly 6A-3.21, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.022 Responsibilities of the School Bus Mechanic

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 232.28 FS. History–New 9-2-64, Amended 4-11-70, 2-20-71, 7-19-72, 9-17-72, 11-18-72, Formerly 6A-3.22, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.023 Responsibilities of School Bus Patrol Sponsor

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.22(1) FS. History–New 9-17-72, Formerly 6A-3.23, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.024 Responsibilities of the School Bus Patrol

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.22(1) FS. History–New 9-17-72, Formerly 6A-3.24, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.025 Responsibilities of Transported Pupils

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 232.25, 232.28 FS. History–New 2-20-64, Formerly 6A-3.25, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.026 Responsibilities of Parents of Transported Children

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 234.08(2) FS. History–New 9-17-72, Formerly 6A-3.26, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.027 Minimum Standards to Apply to All School Buses

History

• Rulemaking Authority 234.051 FS. Law Implemented 234.051 FS. History–New 3-26-66, Amended 9-17-72, 7-20-74, 12-5-74, Formerly 6A-3.27, Repealed 5-16-89.

Fla. Admin. Code R. 6A-3.028 All New Buses Required to Meet Minimum Standards

History

• Rulemaking Authority 234.07 FS. Law Implemented 234.08 FS. History–New 9-17-72, Formerly 6A-3.28, Repealed 7-20-74.

Fla. Admin. Code R. 6A-3.0291 Specifications for New School Buses

History

• Rulemaking Authority 1006.25 FS. Law Implemented 1006.25 FS. History–New 9-17-72, Amended 7-20-74, Repromulgated 12-5-74, Amended 11-10-83, 3-28-84, 10-8-84, 10-8-85, Formerly 6A-3.29, Amended 8-19-86, 9-30-87, 10-4-88, 12-11-89, 12-18-90, 11-10-92, 9-5-93, 11-15-94, 10-18-95, Formerly 6A-3.029, Amended 6-11-00, Formerly 6-3.029, Amended 4-21-03, 2-22-05, 11-26-06, 7-21-08, 4-1-13, 8-20-17.

Fla. Admin. Code R. 6A-3.036 School Bus Driver’s License Check for Suspension and Revocations

History

• Rulemaking Authority 229.053(1), 234.02, 234.101 FS. Law Implemented 234.091, 322.03(3) FS. History–New 1-3-82, Formerly 6A-3.36, Amended 11-15-94, Repealed 4-18-96.

Fla. Admin. Code R. 6A-3.037 Alternate Engine Fuels for School Buses

History

• Rulemaking Authority 1006.25 FS. Law Implemented 1006.22, 1006.25 FS. History–New 10-6-92, Amended 11-26-06, Repealed 4-25-17.

Chapter 6A-4 CERTIFICATION

Fla. Admin. Code R. 6A-4.001 Instructional Personnel Certification

(1) The purpose of instructional personnel certification is to provide evidence that educators in the State of Florida are professionally qualified in order to protect the educational interests of students, parents, and the public at large. Instructional personnel who obtain certification in the State of Florida shall possess adequate pedagogical and relevant subject matter knowledge and demonstrate an acceptable level of professional performance.

(2) The certificates are issued by the Florida Department of Education in accordance with Section 1012.56, F.S., and these rules. Other statutory provisions may have an impact on the educator certification process. Persons should refer to both the statutes and the rules for complete information regarding the legal basis of the instructional personnel certification process.

(3) Certification is administered and implemented by the Bureau of Educator Certification, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. Communications to the Department should be directed to that office. The office of the superintendent of schools for each district school system may also be contacted for information regarding the educator certification process.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.32, 1012.55, 1012.56 FS. History–New 4-20-64, Amended 4-11-69, 7-19-72, Repromulgated 12-5-74, Amended 5-11-76, 7-1-79, 12-11-79, 3-17-81, 9-30-84, Formerly 6A-4.01, Amended 12-25-86, 10-31-88, 10-15-01.

Fla. Admin. Code R. 6A-4.0010 Youth Suicide Awareness and Prevention

(1) Purpose. The purpose of this rule is to set forth the suicide risk assessment instruments approved for use; to require that school districts and local community-based mental health services providers use the same instrument; to provide criteria for continuing education and in-service training materials covering youth suicide awareness and prevention; and to set forth criteria for Suicide Prevention Certified Schools.

(2) Definitions.

(a) “Instructional personnel” means personnel as defined in Section 1012.01(2), F.S.

(b) “School-based mental health services provider” means a school psychologist certified under Rule 6A-4.0311, F.A.C., a school social worker certified under Rule 6A-4.035, F.A.C., a school counselor certified under Rule 6A-4.0181, F.A.C., or a mental health professional licensed under Chapter 490 or 491, F.S., who is employed or contracted by a district to provide mental health services in schools.

(c) “School district” or “district” means a Florida school district, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.).

(d) “Suicide risk assessment” means an assessment conducted by a school-based mental health services provider or other licensed mental health professional to determine the level of suicide risk and plan of action for a student expressing suicidal ideation or suicidal intent.

(3) Use of Approved Suicide Risk Assessments.

(a) School districts must use Department-approved suicide risk assessment instruments in all district schools, per Section, 1012.583, F.S., and must adopt policies to ensure that all community-based mobile response teams use the same Department-approved instruments. Districts must consider addressing the use of suicide risk assessment instruments in contracts or interagency agreements with community-based behavioral health providers, pursuant to Section 1006.041, F.S. Department-approved suicide risk assessments are posted at https://www.fldoe.org/schools/k-12-public-schools/sss/suicide-prevent.stml.

(b) Only school-based mental health service providers who have been trained in the use of the instrument(s) adopted by their school district may give a suicide risk assessment to a student expressing suicidal ideation or suicidal intent. If a trained school-based mental health services provider is unavailable, school districts must adopt policies for contacting other certified or licensed mental health providers to evaluate students in the district for suicide risk, including the mobile response team serving the district.

(c) When a suicide risk assessment results in the initiation of an involuntary examination, public school principals, or their designees, are required to make a reasonable attempt to notify the student’s parent(s) before the student is removed from school, school transportation, or a school-sponsored activity, unless notification is delayed pursuant to Section 1002.20(3)(l), F.S.

(d) When a suicide risk assessment results in a change in related services or monitoring, a student’s parent(s) must be notified as soon as possible, unless notification is withheld or delayed pursuant to policies adopted under Section 1001.42(8)(c)2., F.S.

(4) Youth Suicide Awareness and Prevention In-service Training for K-12 Instructional Personnel.

(a) Youth Suicide Awareness and Prevention materials must:

1. Address common suicide myths;

2. Identify suicide risk and protective factors;

3. Identify suicide warning signs;

4. Provide information on department-approved suicide risk assessments appropriate for use with a school-age population; and

5. Include training on how to identify appropriate mental health services and how to refer youth and families to appropriate services.

(b) Youth Suicide Awareness and Prevention training must:

1. Be at least two (2) hours in length; and

2. Include an interactive component conducted by a school-based mental health services provider that addresses the following district or school-specific information:

a. Identification of school-based mental health services providers available to the school and community-based mental health providers;

b. District policies and procedures for responding to a student with suicidal ideation or suicidal intent;

c. District guidelines for informing parents of suicide risk; and

d. Information on how to refer youth and families for mental health services in the community.

(c) Department-approved youth suicide awareness and prevention training materials.

1. A list of approved youth suicide awareness and prevention training materials is posted on the Office of Safe Schools website at http://www.fldoe.org/safe-schools/ and Student Support Services website at https://www.fldoe.org/schools/k-12-public-schools/sss/.

2. A school district may request approval of district-developed or adopted youth suicide awareness and prevention training materials by completing the form, Review of Suicide Awareness Training: District-Adopted Materials, form number RSAT-2020 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11944) (effective, June 2020). This form is incorporated by reference and may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 614, Tallahassee, Florida 32399. In order for district-developed or adopted youth suicide awareness and prevention training to be approved by the department, the training must meet the criteria in paragraphs (4)(a) and (b) above.

(5) Suicide Prevention Certified Schools.

(a) A Suicide Prevention Certified School must meet the following criteria:

1. All instructional personnel are required to complete two (2) hours of approved youth suicide awareness and prevention training, and repeat training every three (3) years;

2. The requirement for all instructional personnel to complete youth suicide awareness and prevention training is included in the district’s continuing education or master in-service plan;

3. The school has at least two school-based mental health services providers that are qualified to conduct a suicide risk assessment using a department-approved instrument; and

4. The school or district has a policy requiring the use of an approved suicide risk assessment instrument administered by a school-based mental health services provider prior to requesting or initiating an involuntary examination due to concerns about a student’s suicide risk. Department-approved suicide risk assessment instruments are posted on the Office of Safe Schools website at http://www.fldoe.org/safe-schools/ and Student Support Services website at https://www.fldoe.org/schools/k-12-public-schools/sss/.

(b) A school that meets the criteria for a “Suicide Prevention Certified School” must report the information listed in paragraph (5)(a) of this rule to the Department of Education by completing the Suicide Prevention Certified School form, SPCS-2020, (http://www.flrules.org/Gateway/reference.asp?No=Ref-11945) (effective June 2020) and submitting the completed form to SuicidePreventionSchools@fldoe.org by October 1 of each school year. This form is incorporated by reference and may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 614, Tallahassee, Florida 32399.

(c) The list of Suicide Prevention Certified Schools will be posted on the Office of Safe Schools website at http://www.fldoe.org/safe-schools/.

History

• Rulemaking Authority 1012.583(5) FS. Law Implemented 1012.583 FS. History‒New 6-16-20, Amended 11-22-22.

Fla. Admin. Code R. 6A-4.0011 Forms and Instructions

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution; 229.014, 120.53(1)(b), 228.041(9), 229.011, 229.053(1), (2)(b), (l), 229.055(2)(a), (d), 230.01, 231.02, 231.29(1), 231.36(1), 236.012, 236.0711 FS. History–New 4-28-77, Amended 8-27-80, 4-26-84, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 8, February 21, 1986. Formerly 6A-4.011, Repealed 12-25-86.

Fla. Admin. Code R. 6A-4.0012 Application Information

(1) Application process. To apply for evaluation of eligibility for a Florida Educator’s Certificate, an individual shall submit to the Bureau of Educator Certification the following:

(a) A completed Form CG-10, Educator Certification Application and a nonrefundable application fee. Form CG-10, Educator Certification Application, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16017), effective November 2023, is hereby incorporated by reference and made a part of this rule. The form may be submitted online via the Department of Education, Educator Certification website at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, or may be retrieved from the website and submitted via postal delivery to the Florida Department of Education, Bureau of Educator Certification, Room 201, 325 West Gaines Street, Tallahassee, Florida 32399-0400. The nonrefundable application fee is prescribed below:

1. Request for evaluation of eligibility for an initial athletic coaching, temporary or professional certificate (INITIAL) – $75.00 per subject;

2. Request for upgrade to a professional certificate to include all coverages and endorsements already issued on a temporary certificate (UPGRADE) – $75.00;

3. Request for addition of a coverage or endorsement to a valid certificate (ADDTEMP, ADDPRO) – $75.00 per subject;

4. Request for update to and a printed copy of a valid certificate solely to reflect a change in name (NMCHANGE) – $20.00;

5. Request for a duplicate printed copy of a valid certificate (COPYCERT) – $20.00;

6. Request for deletion of a coverage or endorsement from a valid certificate (DROPSUBJ) – $20.00 per subject;

7. Request for upgrade to a five-year athletic coaching certificate (UPGRADE) – $75.00;

8. Request for a new five-year athletic coaching certificate (REAPPLY) – $75.00;

9. Request for verification of qualifications for current or expired Florida certificates – $20.00, or

(b) A completed Form CG-10R Renewal or Reinstatement Application and a nonrefundable application fee. Form CG-10R, Renewal or Reinstatement Application (http://www.flrules.org/Gateway/reference.asp?No=Ref-16018), effective November 2023, is hereby incorporated by reference and made a part of this rule. The form may be submitted online via the Department of Education, Educator Certification website at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, or may be retrieved from the website and submitted via postal delivery to the Florida Department of Education, Bureau of Educator Certification, Room 201, 325 West Gaines Street, Tallahassee, Florida 32399-0400. The nonrefundable application fee is prescribed below:

1. Request for renewal of a professional certificate that has not yet expired (RENEWAL) – $75.00;

2. Request for renewal of a professional certificate that is received by the Bureau of Educator Certification or by a district school board office after the expiration of the professional certificate as specified in Rule 6A-4.0051, F.A.C., shall be submitted with a $30.00 late fee in addition to the nonrefundable application fee (LATE RENEWAL) – $105.00; and,

3. Request for reinstatement of an expired professional certificate (REINSTATEMENT) – $75.00 per subject.

(c) A completed Form CG-10M Temporary Military Veterans Certificate Application and a nonrefundable application fee of $75.00 per subject unless eligible for the Military Certification Fee Waiver per subsection (8) of this rule. Form CG-10M, Temporary Military Veterans Certificate Application, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15907), effective September 2023, is hereby incorporated by reference and made a part of this rule. The form may be submitted online via the Department of Education, Educator Certification website at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, or may be retrieved from the website and submitted via postal delivery to the Florida Department of Education, Bureau of Educator Certification, Room 201, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(d) A completed Temporary Teacher Internship Certificate Application and a nonrefundable application fee of $75.00 per subject, Form CG-10TI, Temporary Teacher Internship Application, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15908), effective September 2023, is hereby incorporated by reference and made a part of this rule. The form may be submitted online via the Department of Education Educator Certification website at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, or may be retrieved from the website and submitted via postal delivery to the Florida Department of Education, Bureau of Educator Certification, Room 201, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(e) A completed Temporary Teacher Apprenticeship Certificate Application and a nonrefundable application fee of $75.00 per subject, Temporary Apprenticeship Certificate Application Form CG-10A, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16019), effective November 2023, is hereby incorporated by reference and made a part of this rule. The form may be submitted online via the Department of Education Educator Certification website at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, or may be retrieved from the website and submitted via postal delivery to the Florida Department of Education, Bureau of Educator Certification, Room 201, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(f) A completed Restricted Classical Teaching Certificate Application and a nonrefundable application fee of $75.00, Form CG-10C, Restricted Classical Teaching Certificate Application, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16832), effective August 2024, is hereby incorporated by reference and made a part of this rule. The form may be submitted online via the Department of Education Educator Certification website at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, or may be retrieved from the website and submitted via postal delivery to the Florida Department of Education, Bureau of Educator Certification, Room 201, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(g) A completed Inactive Status Certificate Application and a nonrefundable application fee of $75.00, Form CG-10IS, Inactive Status Certificate Application, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16833), effective August 2024, is hereby incorporated by reference and made a part of this rule. The form may be submitted online via the Department of Education Educator Certification website at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, or may be retrieved from the website and submitted via postal delivery to the Florida Department of Education, Bureau of Educator Certification, Room 201, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(h) A completed Reactivation Certificate Application and a nonrefundable application fee of $75.00, Form CG-10RS, Reactivation Certificate Application, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16834), effective August 2024, is hereby incorporated by reference and made a part of this rule. The form may be submitted online via the Department of Education Educator Certification website at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, or may be retrieved from the website and submitted via postal delivery to the Florida Department of Education, Bureau of Educator Certification, Room 201, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(2) College transcripts. Each college transcript filed for certification purposes shall bear the seal of the institution and the signature of the registrar or other official designated by the president of the institution and shall include descriptive titles, credits, and grades for all courses listed. Transcripts from institutions outside the United States shall include an English translation. Transcripts shall not be returned after the application has been processed and the applicant has been advised regarding eligibility for certification.

(3) Completed applications.

(a) A completed application shall consist of the completed web-based or hardcopy application form, nonrefundable application fee, official documentation of academic preparation as specified in Rule 6A-4.003, F.A.C., and other documents required by rule or law to process the application. The applicant shall be advised of additional information that is required to complete the application.

(b) If the information required to complete the application has not been received in the Bureau of Educator Certification, Florida Department of Education, or in the district school board office within twelve (12) months from the date of receipt of the application, the application shall expire and the fee shall be forfeited.

(4) Funding for the recovery network program for educators. Two (2) dollars of each seventy-five (75) dollar certification fee shall be designated to fund the recovery network program for educators.

(5) District application process. Form CG-10D, Online Educator Certification Application – District Version, (http://flrules.org/Gateway/reference.asp?No=Ref-19707), effective August 2026, is hereby incorporated by reference and made a part of this rule. Each district school board office shall process requests prescribed in paragraphs (a)-(e), submitted via Form CG-10D, Online Educator Certification Application-District Version for the issuance of certificates for employees of the school district via the Department of Education, Educator Certification web-based system at https://webnetwork.fldoe.org/ as follows:

(a) An application for renewal of a professional certificate. School district employees shall submit a completed online application, Form CG-10D, Renewal Application, at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, and the nonrefundable application fee prescribed in paragraph (1)(b) of this rule, to their employing district school board office.

(b) An application for an addition of a subject to a valid professional certificate based upon a passing score earned after July 1, 2002, on the bachelor’s degree level Florida subject area test. School district employees shall submit a completed online application, Form CG-10D, Addition of Subject via District Application, at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, and the nonrefundable application fee prescribed in subparagraph (1)(a)3. of this rule, to their employing district school board office.

(c) An application for an addition of an endorsement area to a valid certificate based on the completion of approved inservice core components or a district add-on endorsement program. School district employees shall submit a completed online application, Form CG-10D, Addition of Endorsement via District Application, at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, and the nonrefundable application fee prescribed in subparagraph (1)(a)3. of this rule to their employing district school board office.

(d) An application for a valid certificate printed solely to reflect a change in name. School district employees shall submit a completed online application, Form CG-10D, Request Name Change, at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, and the nonrefundable application fee prescribed in subparagraph (1)(a)4. of this rule to their employing school district; and,

(e) An application for a duplicate printing of a valid certificate. School district employees shall submit a completed online application, Form CG-10D, Request Copy of Certificate Application, at http://www.fldoe.org/teaching/certification/on-line-application-status-lookup-site.stml, and the nonrefundable application fee prescribed in subparagraph (1)(a)5. of this rule to their employing district school board office.

(6) The employing school district shall remit on a monthly basis to the Department of Education thirty (30) dollars of each seventy-five (75) dollar fee and seven (7) dollars of each twenty (20) dollar fee collected for processing application requests for the issuance of certificates for costs to maintain the Department of Education, Educator Certification electronic database, web-based application processing systems, and the official personnel records of persons to whom certificates are issued.

(7) The employing school district is responsible for retention of all documentation of each application request it processes for the issuance of a certificate for any individual employed by the school district and maintaining custody of the documentation as records in the employee personnel file. The documentation shall include, but need not be limited to, the employee’s completed application request form and documentation of academic preparation, professional development training, or other evidence establishing the successful completion of applicable educator certification eligibility requirements. Upon request or as required by law, the documentation of educator certification application requests incorporated in the employee personnel file shall be made available to authorized Department of Education personnel in the course of conducting an investigation of any legally sufficient complaint filed against such employee.

(8) Military Fee Waivers.

(a) An individual is eligible for a waiver from the Department for the application fees prescribed in subparagraph (1)(a)1., 2., or 3. of this rule if he or she:

1. Is a member of the U.S. Armed Forces or a reserve component who is serving, or who has served, on active duty or is the spouse of such a service member;

2. Is an honorably discharged veteran of the U.S. Armed Forces or an honorably discharged veteran of a reserve component or is the spouse or surviving spouse of such veteran; or

3. Is the surviving spouse of a member of the U.S. Armed Forces or reserve component who was serving on active duty at the time of death.

(b) To apply for a military fee waiver, a request must be submitted via the Department of Education, Educator Certification website at https://web03.fldoe.org/TeacherCertFeeWaiver along with documentation establishing that the applicant meets the requirements for a fee waiver under subparagraph (8)(a)1., 2., or 3., of this rule. The following chart lists the required documentation:

BASIS FOR WAIVER OF FEE

DOCUMENTATION REQUIRED

Member of Armed Forces

Military ID card

Spouse of member of Armed Forces

Military dependent ID card (DD Form 1173)

Member of reserves

Military ID card or NGB22 Form or DD 256A Form

Spouse of member of reserves

Military dependent ID card (DD Form 1173) or Military dependent ID card (DD Form 1173-1)

Honorably discharged veteran

Certificate of Release or Discharge from Active Duty (DD Form 214 Member 4)

Spouse or surviving spouse of honorably discharged veteran

DD Form 214 Member 4 of spouse and marriage certificate

Honorably discharged veteran of reserves

DD Form 214 Member 4, NGB22 Form or DD 256A Form

Spouse of honorably discharged veteran of reserves

DD Form 214 Member 4, NGB22 Form or DD 256A Form of spouse and marriage certificate

Surviving spouse of member of armed forces on active duty at time of death

Official documentation from Department of Defense

Surviving spouse of member of reserves at time of death

Official documentation from Department of Defense

(c) Additional documentation. Where the required documentation submitted does not establish eligibility, due to a name change or other circumstance, the applicant will be notified by the Department within ninety (90) days and afforded the opportunity to submit additional documentation to verify eligibility.

(d) Individuals eligible for veterans and military fee waivers shall not be responsible for payment of the following initial certification fees as per paragraphs (1)(b) and (1)(c) of this rule:

1. Request for evaluation of eligibility for an initial athletic coaching, temporary or professional certificate (INITIAL) – $75.00 per subject;

2. Request for upgrade to a professional certificate to include all coverages and endorsements already issued on a temporary certificate (UPGRADE) – $75.00;

3. Request for addition of a coverage or endorsement to a valid certificate (ADDTEMP, ADDPRO) – $75.00 per subject;

4. Request for evaluation of eligibility for an initial temporary military veterans certificate (INITIAL) – $75.00 per subject.

(e) All documents submitted to verify eligibility for military fee waivers will be retained in the certification record maintained by the Department and will not be returned to the applicant. Approval for military fee waivers remain valid for five (5) years from the date issued unless a document used to verify eligibility indicates an earlier expiration date or end date of its validity and in that case, validity of the military fee waiver expires when the verifying document expires. In no case, shall a person use or attempt to use a fee waiver if the person does not meet the eligibility criteria set forth in Section 1012.59(3), F.S.

(9) Retired First Responder Fee Waivers. professional certificate (INITIAL) – $75.00 per subject;

(a) An individual is eligible for a retired first responder fee waiver from the Department for the application fees prescribed in subparagraph (1)(a)1., 2., or 3. and fees under (1)(b) and (d) of this rule if he or she:

1. Is a retired law enforcement officer as defined in Section 943.10(1), F.S.;

2. Is a retired firefighter as defined in Section 633.102(9), F.S.; or

3. Is a retired emergency medical technician or paramedic as defined in Section 401.23, F.S.

(b) To apply for a retired first responder fee waiver, a request must be submitted via the Department of Education Educator Certification website at https://web03.fldoe.org/TeacherCertFeeWaiver along with documentation establishing that the applicant meets the requirements for a retired first responder fee waiver under subparagraph (9)(a)1., 2., or 3., of this rule.

(c) Where the required documentation submitted does not establish eligibility, due to a name change or other circumstance, the applicant will be notified by the Department within ninety (90) days and afforded the opportunity to submit additional documentation to verify eligibility.

(d) All documents submitted to verify eligibility for retired first responder fee waivers will be retained in the certification record maintained by the Department and will not be returned to the applicant. Approval for retired first responder fee waivers remain valid for five (5) years from the date issued unless a document used to verify eligibility indicates an earlier expiration date or end date of its validity and in that case, validity of the fee waiver expires when the verifying document expires. In no case shall a person use or attempt to use a retired first responder fee waiver if the person does not meet the eligibility criteria set forth in Section 1012.59(3), F.S., and this rule.

(10) Exceptional Student Education K–12/Elementary Education K–6 Waivers.

(a) An individual is eligible for a waiver from the Department for the application fees prescribed in subparagraph (1)(a)1.-3. of this rule if he or she is a teacher who:

1. Holds a valid active Temporary or Professional Certificate in Exceptional Student Education K–12 and applies to add a subject coverage in Elementary Education K–6; or

2. Holds a valid active Temporary or Professional Certificate in Elementary Education K–6 and applies to add a subject coverage in Exceptional Student Education K–12.

(b) To apply for an Exceptional Student Education K–12 or Elementary Education K–6 fee waiver, submit via the Department of Education Educator Certification website at https://web03.fldoe.org/TeacherCertFeeWaiver along with documentation establishing that the applicant meets the requirements for a certification fee waiver per paragraph (10)(a) of this rule.

BASIS FOR WAIVER OF FEE

DOCUMENTATION REQUIRED

Holds a Temporary or Professional Certificate in Exceptional Student Education K–12 and applies to add a subject coverage in Elementary Education K–6

Valid active certificate in ESE K–12

Holds a Temporary or Professional Certificate in Elementary Education K–6 and applies to add a subject coverage in Exceptional Student Education K–12

Valid active certificate in K–6

(c) Additional documentation. Where the required documentation submitted does not establish eligibility due to a name change or other circumstance, the applicant will be notified by the Department within ninety (90) days and afforded the opportunity to submit additional documentation to verify eligibility.

(d) All documents submitted to verify eligibility for the Exceptional Student Education K–12/Elementary Education K–6 fee waivers will be retained in the certification record maintained by the Department and will not be returned to the applicant. Approval for fee waivers remains valid for five (5) years from the date issued unless a document used to verify indicates an earlier expiration date or end date of its validity and, in that case, validity of the fee waiver expires when the verifying document expires. In no case shall a person use or attempt to use a Exceptional Student Education K–12/Elementary Education fee waiver if the person does not meet the eligibility criteria set forth in Section 1012.59(4), F.S., and this rule.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56, 1012.586, 1012.59 FS. Law Implemented 1012.31, 1012.32, 1012.55, 1012.56, 1012.586, 1012.59, 1012.798 FS. History–New 7-6-82, Amended 9-27-83, Formerly 6A-4.012, Amended 12-25-86, 10-26-88, 5-2-90, 4-24-91, 7-7-92, 5-3-94, 7-18-95, 9-17-01, 11-25-03, 12-27-04, 1-1-08, 10-21-09, 12-31-14, 11-21-17, 11-28-18, 9-20-22, 9-26-23, 11-21-23, 8-27-24, 8-25-26.

Fla. Admin. Code R. 6A-4.0013 Mental Health Assistance Program Functional Assessment Instruments

(1) Purpose. The purpose of this rule is to establish Department-approved alternative functional assessment instruments to the Daily Living Activities–20 (DLA-20) for use in school-based mental health services funded through the Mental Health Assistance Program (MHAP), as provided in section 1006.041, F.S.

(2) Definitions. For purposes of this rule:

(a) “Department” means the Florida Department of Education (FDOE).

(b) “Functional assessment instrument” means a standardized tool used to measure student functioning, progress, and needs in relation to school-based mental health services.

(c) “School district” means a Florida school district, the Florida Virtual School (section 1002.37, F.S.), the Florida School for the Deaf and the Blind (section 1002.36, F.S.), and developmental research (laboratory) schools (section 1002.32, F.S.).

(3) Approval of Functional Assessment Instruments.

(a) The Department, in consultation with the Department of Children and Families, shall identify functional assessment instruments approved for use as an alternative to the DLA-20.

(b) To be approved, instruments must demonstrate:

1. Validity and reliability for use with school-aged populations;

2. Alignment with educational and behavioral health goals; and

3. Utility in informing service delivery and measuring student outcomes.

(4) Use of Approved Functional Assessment Instruments.

(a) Each school district must adopt procedures for the use of, at minimum, the Department-approved functional assessment instruments as an alternative to the DLA-20, pursuant to section 1006.041, F.S.

(b) Department-approved functional assessment instruments are posted on the Department’s website at https://www.fldoe.org/schools/k-12-public-schools/sss/mental-health.stml.

(5) Implementation.

(a) School districts, including charter schools, must ensure that Department-approved functional assessment instruments are utilized, at minimum, when conducting functional assessments pursuant to section 1006.041, F.S.

(b) Local community behavioral health providers, including Community Action Teams, that contract with or operate under interagency agreements with school districts, must also utilize, at minimum, the Department-approved functional assessment instruments.

History

• Rulemaking Authority 1001.02(1), 1006.041(2) FS. Law Implemented 1006.041 FS. History-New 2-24-26.

Fla. Admin. Code R. 6A-4.002 General Provisions

(1) Educator’s certificates.

(a) Types of certificates. The types of certificates are the professional certificate, the nonrenewable professional certificate, the temporary certificate, and the athletic coaching certificate. Requirements for obtaining all types of certificates are specified in Rule 6A-4.004, F.A.C.

(b) An applicant for a Florida educator’s certificate shall be governed by Florida Statutes and rules for the temporary and professional certificates that are in effect at the time of application and qualification for the initial certificate provided successive certificates are issued for consecutive school fiscal years. An individual who permits a five-year temporary certificate per Rule 6A-4.004, F.A.C., to expire for at least one (1) school fiscal year may secure another full-time certificate in accordance with Florida Statutes and rules for temporary and professional certificates which are in effect at the time the most recent application is received in the Bureau of Educator Certification, Florida Department of Education.

(c) Effective date of certificates. Each certificate shall bear an effective date of July 1 of the school fiscal year for which it is issued.

(d) Definition of coverage. The term “coverage” as used in Florida State Board of Education rules for educator certification purposes shall be defined as the designation on a Florida educator’s certificate which indicates the area in which an individual has a content knowledge base. The term “coverage” shall be used synonymously with the terms “subject,” “area,” or “field.”

(e) Definition of endorsement. The term “endorsement” as used in Florida State Board of Education rules for educator certification purposes shall be defined as a rider on a Florida educator’s certificate with a designated coverage. An endorsement shown on a certificate with a coverage signifies a pedagogical knowledge base which targets particular levels, stages of development, or circumstances.

(f) Classification of coverages and endorsements shown on certificates. Each coverage or endorsement shown on a certificate shall be identified as an academic class, administrative class, specialty class, or degreed career and technical class. The classification is specified in the specialization rule for each coverage or endorsement.

(g) Authority of the Commissioner of Education. Under extenuating circumstances not covered in these rules, the Commissioner is authorized to issue a certificate to an individual upon the request of a Florida district school superintendent.

(h) Responsibility to qualify for and maintain a valid certificate. It shall be the responsibility of each applicant to complete all requirements for the temporary and professional certificates and to file with the Bureau of Educator Certification, Florida Department of Education, evidence of such completion within the specified timelines. For renewal of the professional certificate, it shall be the responsibility of each applicant to obtain current information regarding renewal requirements and complete such requirements prior to expiration of the professional certificate. Information regarding renewal of the professional certificate may be obtained by contacting the employing Florida district school board or nonpublic school, or by contacting the Bureau of Educator Certification, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(i) Certificates from other states. Certificates from other states shall not be valid for teaching in Florida.

1. Certificates from other states used to document eligibility for a Florida certificate shall:

a. Be the valid standard educator’s certificate issued by that state which is comparable to a Florida Professional Certificate;

b. Be issued in a subject comparable to a Florida certification subject; and,

c. Require the same or higher level of training required for certification in that subject in Florida.

2. Official documentation of another state’s certificate or license shall be a legible copy of the front and back of the original certificate or license, or a printed copy of an official record of the certificate or license provided by the issuing authority, and must include:

a. A certificate or license title that clearly designates the stage or level for which the educator qualifies;

b. The subject area(s) and endorsement(s) for which the educator qualifies;

c. The ages and/or instructional grade levels of students for which the educator qualifies to teach each subject or endorsement;

d. The date(s) that the certificate or license is valid; and,

e. The name of the educator and an educator identification number or other unique identifier for validation of the certificate or license against official records maintained by the issuing authority.

(j) Certificates from national certification organizations. Certificates issued by national certification organizations shall not be valid for teaching in Florida.

1. Certificates issued by national certification organizations approved in Florida Statute or by the State Board of Education to document eligibility for a Florida certificate shall:

a. Be the valid standard educator’s certificate issued by the national certification organization;

b. Be issued in a subject comparable to a Florida certification subject;

c. Require the same or higher degree level of training required for certification in that subject in Florida; and,

2. Official documentation of the national certificate shall be a legible copy of the front and back of the original certificate or a printed copy of an official record of the certificate or license provided by the issuing authority, and must include:

a. A certificate or license title that clearly designates the stage or level for which the educator qualifies;

b. The subject area(s) and endorsement(s) for which the educator qualifies;

c. The ages and/or instructional grade levels of students for which the educator qualifies to teach each subject or endorsement;

d. The date(s) that the certificate or license is valid; and,

e. The name of the educator and an educator identification number or other unique identifier for validation of the certificate or license against official records maintained by the issuing authority.

(k) Alteration of certificates. The alteration of any certificate with the intent to mislead or defraud shall be sufficient grounds for revocation of the certificate. It shall be incumbent upon the certificate holder to establish evidence of the absence of intent to mislead or defraud.

(l) The electronic database maintained by the Bureau of Educator Certification serves as the custodial source for official Department of Education records of each person to whom a Florida Educator’s Certificate is issued. Educator Certification notifies an educator by electronic mail upon issuance of a certificate and provides the educator secure access to review and retrieve a printable copy of his/her currently valid certificate(s) via the Educator Certification website at https://certify.fldoe.org. Authorized Florida school employers are provided secure, online access (https://bec-pass.fldoe.org) to verify an educator’s certification information for employment screening before hiring instructional personnel and school administrators. The bureau provides online access via the Educator Certification website (https://www.fldoe.org/edcert/public.asp) for the inspection of public records of educators to whom a currently valid certificate is issued.

(m) A valid standard certificate issued by the American Board for Certification of Teacher Excellence (ABCTE), as documented according to subparagraph (1)(j)2. of this rule, is acceptable to demonstrate mastery of general knowledge and mastery of subject area knowledge in the comparable Florida subject(s). An acceptable ABCTE certificate also satisfies the requirements for completion of professional preparation courses and achievement of a passing score on the professional education competency examination. An ABCTE certificate is not acceptable to meet the requirement for completion of a professional education competence demonstration program pursuant to Section 1012.56(8)(b), F.S.

(n) A three-year temporary certificate issued under subsection 6A-4.004(1), F.A.C., which is valid as of March 27, 2023, is automatically modified to a five-year temporary certificate beginning from the date of issuance of the temporary certificate unless the temporary certificate has been extended for two (2) years under the provisions of paragraph 6A-4.004(1)(c), F.A.C. The automatic extension of temporary certificates to five (5) years does not apply to specialized temporary certificates issued for military veterans, covering speech-language impaired, or covering educational leadership, or athletic coaching certificates, issued under the provision of subsection 6A-4.004(2), (4), (5), or (6), F.A.C., or a temporary certificate issued to exchange teachers under the provisions of paragraph 6A-4.002(6)(c), F.A.C.

(2) Degree major.

(a) A degree major used in Florida State Board of Education rules for educator certification purposes is defined as the major field of study as identified by the degree granting institution. A degree major completed at an accredited or approved institution as defined in Rule 6A-4.003, F.A.C., in an area in which Florida offers certification may be utilized to satisfy the specialization requirements specified in Rules 6A-4.008 through 6A-4.035 and 6A-4.054 through 6A-4.062, F.A.C., for the subject to be shown on the certificate.

(b) The Commissioner is authorized to deny acceptance of a major for educator certification purposes if the courses completed for the major are not comparable in quantity and content to the specific course requirements listed in Florida State Board of Education rules for certification in that subject.

(3) College credit. College credit used for educator certification purposes shall be undergraduate or graduate credit earned at an accredited or approved institution or recommended by the American Council on Education (ACE) as specified in Rule 6A-4.003, F.A.C. All college credit shall be computed by semester hours. For purposes of converting quarter grade points to semester grade points, one (1) quarter hour of college credit shall equal two-thirds (2/3) of one (1) semester hour. State and community college credit used for educator certification purposes shall parallel those of the first and second years of course work at an accredited or approved institution and shall be comparable to courses offered at Florida state and community colleges that have been approved by the Florida Department of Education.

(a) Course exemption. Exemption from a college course as verified in writing by the institution of higher education shall be accepted the same as credit earned in that course to meet a specific course requirement for certification.

(b) Course credit for college teaching experience. Teaching a college credit course, excluding courses for developmental credit, at an accredited or approved institution as described in Rule 6A-4.003, F.A.C., shall be accepted the same as credit earned in that course to meet a specific course requirement for certification. A written statement from the registrar or other official designated by the president verifying the college teaching experience shall be filed with the Bureau of Educator Certification, Florida Department of Education.

(c) College teaching experience. College teaching experience for satisfying mastery of general knowledge and mastery of professional preparation and education competence per Section 1012.56(3) and (6), F.S., must be earned if the individual is a full or part-time employee or contractor of the college or university in at least two (2) separate college or university semesters or equivalent quarters as the instructor of record. Documentation of college teaching experience must be an official letter on institution letterhead signed by the chief human resources officer, registrar or dean, or designee, from the accredited or approved institution as described in Rule 6A-4.003, F.A.C. The letter must verify the following information:

1. The beginning and ending dates of employment or contract; and

2. For each instance where the employee or contractor served as instructor of record, a list of each course taught with the beginning and ending dates, prefix, course number, and credit hours awarded to students.

(d) A college course for which multiple semester hour credits are earned may be used to satisfy more than one (1) subject specialization or professional preparation credit requirement. The number of specific credit requirements satisfied shall not be greater than the total number of semester hour credits earned for the college course.

(e) A grade of at least “C” or the equivalent shall be earned in each course used for meeting professional preparation requirements pursuant to subsection 6A-4.006(2), F.A.C. A grade of pass shall be acceptable under the pass or fail grading system and a grade of satisfactory shall be acceptable under a satisfactory/unstisfactory grading system.

(4) Examinations. The examinations used for demonstration of mastery of general knowledge, professional education competence, and subject area knowledge shall be aligned with student standards approved by the State Board of Education pursuant to Sections 1012.56(4) and (9)(f), F.S., and Rule 6A-1.09401, F.A.C.

(a) To align with current student standards and, therefore, be acceptable to satisfy educator certification requirements, a passing score on an examination identified in state board rule must have been earned during the ten (10) years immediately preceding application and qualification for a certificate, unless otherwise stipulated in relevant statute or rule.

(b) The State Board of Education will identify a passing score, by amendment to this rule, on an appropriate national or international examination to satisfy mastery of general knowledge or, for a subject for which a Florida subject area examination has not already been developed or approved, mastery of subject area knowledge. The Department will coordinate a comprehensive study to determine if the exam assesses comparable content and relevant standards to the approved Florida Teacher Certification Examination (FTCE) competencies and skills or, for subject area knowledge, the approved specialization requirements for the subject area. The study must also recommend a passing score at approximately the same level of rigor to establish an examinee’s competence to become an effective professional educator in the assessed content area.

(c) The verification of the attainment of essential subject matter competencies is not acceptable for demonstrating mastery of subject area knowledge whenever a Florida subject area examination has been developed or a national or international examination has been approved by the State Board of Education. Achievement of a passing score is required on the examination as identified in state board rule to satisfy mastery of subject area knowledge unless this requirement is satisfied by another acceptable means provided in Section 1012.56(5), F.S.

(d) Achievement of a score above the Intermediate level on the Oral Proficiency Interview (OPI) or the Oral Proficiency Interview by Computer (OPIc), and a score above the Intermediate level on the Writing Proficiency Test (WPT) on an examination administered by the American Council on the Teaching of Foreign Languages (ACTFL) shall satisfy subject area specialization requirements and mastery of subject area knowledge in the comparable certification in a world language for which a Florida subject area examination has not been developed.

(e) Achievement of a passing score of a two (2) or above on the reading subtest and a two (2) or above on the listening subtest of the Defense Language Proficiency TEST (DLPT) shall satisfy subject area specialization requirements and mastery of subject area knowledge in the comparable certification in a world language. Official documentation of successful completion of the Defense Language Institute Foreign Language Center (DLI) program as specified in Rule 6A-4.0243, F.A.C., may also be used to satisfy subject area specialization requirements and mastery of subject area knowledge.

(f) Effective for tests administered on or after July 1, 2015, achievement of passing scores, as identified by the State Board of Education pursuant to Rule 6A-4.0021(12), F.A.C., on test sections of the Graduate Record Examination (GRE) revised General Test shall satisfy the requirement for mastery of general knowledge as demonstrated on the comparable and relevant subtests of the General Knowledge (GK) Test of the Florida Teacher Certification Examinations (FTCE), as follows:

1. The Analytical Writing section of the Graduate Record Examination (GRE) revised General Test shall be acceptable as equivalent to the General Knowledge (GK) Essay subtest.

2. The Quantitative Reasoning section of the Graduate Record Examination (GRE) revised General Test shall be acceptable as equivalent to the General Knowledge (GK) Mathematics subtest.

3. The Verbal Reasoning section of the Graduate Record Examination (GRE) revised General Test shall be acceptable as equivalent to both the General Knowledge (GK) English Language Skills and the General Knowledge (GK) Reading subtests.

(g) An educator who has taken and failed the General Knowledge (GK) Test found in Rule 6A-4.0021, F.A.C., is eligible for a waiver of the GK Test if:

1. Subsequent to failing the GK Test, the educator was provided three or more years of support and instruction designed to help the educator pass the GK Test;

2. The educator’s final summative rating under Section 1012.34, F.S., was either effective or highly effective for each of the three most recent years that the educator was rated; and

3. A school district or charter school submits to the Department’s Bureau of Educator Certification, the Form entitled “General Knowledge Test Waiver,” Form No. CT-134, providing assurances that the requirements listed in this paragraph have been met. This form, effective August 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15713), is incorporated by reference. A copy may be obtained at https://fl-ect.fldoe.org and submitted to edcertpartnerline@fldoe.org.

(h) An educator seeking to satisfy mastery of professional preparation and education competence by means of completion of a professional education competency program specified in Section 1012.56(6)(f), F.S., is eligible to waive the Professional Education Test found in Rule 6A-4.0021, F.A.C., if:

1. The educator successfully completes the professional preparation courses found in Rule 6A-4.006(2)(a), F.A.C.;

2. The educator successfully completes a professional education competency (PEC) program specified in Section 1012.56(9), F.S.;

3. The educator’s final summative rating under Section 1012.34, F.S., was either effective or highly effective for three years; and

4. A school district or charter school submits to the Department’s Bureau of Educator Certification the Form entitled “Professional Education Test Waiver,” Form No. CT-135, providing assurances that the requirements listed in subparagraphs 1.-3. have been met. This form, effective August 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15712), is incorporated by reference. A copy may be obtained at https://fl-ect.fldoe.org and submitted to edcertpartnerline@fldoe.org.

(i) An educator seeking to satisfy mastery of professional preparation and education competence by means of completion of a professional learning certification program specified in Section 1012.56(6)(g), F.S., or a competency-based certification program specified in Section 1012.56(6)(h), F.S., is eligible to waive the Professional Education Test found in Rule 6A-4.0021, F.A.C., if:

1. The educator successfully completes the applicable program; and

2. The educator’s final summative rating under Section 1012.34, F.S., is highly effective.

(5) Teaching experience.

(a) Definition of teaching experience. Teaching experience as used in Florida State Board of Education rules for educator certification purposes shall be defined as full-time teaching, administrative, or supervisory service.

1. Teaching experience used for academic, administrative, degreed career and technical, and specialty class subjects shall be gained in a public or state supported school as defined in Section 1003.01(2), F.S.; or in a prekindergarten (ages three [3] and four [4]) school which is a public or state supported school or is a contractor for a public school system or in a birth through age two (2) school which is a public or state supported school or is a contractor for a public school system. However, teaching experience in a nonpublic school shall be acceptable provided the applicant held a valid full-time teaching certificate issued by the state department of education in the state where the teaching experience was acquired.

2. Teaching experience used for degreed career and technical class subjects shall be gained in an elementary or secondary school as specified in subparagraph (5)(a)1. of this rule, school district postsecondary technical career center under Section 1001.44, F.S., charter technical career center under Section 1002.34, F.S., or a Florida College System institution.

(b) Utilization of teaching experience. A year of full-time teaching experience may be accepted in lieu of three (3) semester hours of college credit. A maximum of three (3) years of teaching experience may be used in lieu of nine (9) semester hours of college credit. Not more than one (1) year of teaching experience may be used in lieu of three (3) semester hours of college credit toward satisfying a single course requirement in professional preparation. Not more than two (2) years of teaching experience may be used in lieu of six (6) semester hours of college credit toward satisfying requirements in a specialization area. When teaching experience is used to satisfy a course requirement in a specialization area or to satisfy a subject special methods course requirement in professional preparation, the teaching experience shall be comparable to the course requirement acquired in the subject or field and at the appropriate instructional level to which it is applied.

(c) Limitations on the use of teaching experience. Teaching experience shall not be accepted in lieu of college credit to satisfy the following certification requirements:

1. Renewal or reinstatement of a professional certificate;

2. Reissuance of a temporary certificate;

3. Satisfaction of a graduate credit requirement;

4. Satisfaction of an entire certification subject.

(6) Noncitizens. A noncitizen may be issued an Official Statement of Status of Eligibility or a certificate as specified below:

(a) An Official Statement of Status of Eligibility shall be issued when the applicant meets requirements specified in Section 1012.56(1), F.S.

(b) The certificate may be issued when the applicant meets requirements specified in Rule 6A-4.004, F.A.C., and an official of the employing Florida public, state supported, or nonpublic school verifies that the individual has been accepted for employment in compliance with the United States Immigration Reform and Control Act of 1986.

(c) Exchange teachers.

1. An exchange teacher is defined as a teacher from a country other than the United States teaching as the result of a reciprocal arrangement with the United States government or a nationally recognized organization in the United States and another country.

2. A temporary certificate valid for three (3) years may be issued to an exchange teacher. The certificate shall reflect the designation of exchange teacher and may reflect the Florida certificate subject(s) for which the exchange teacher is qualified based on the specialization requirements specified in Rules 6A-4.008 through 6A-4.035 and 6A-4.054 through 6A-4.062, F.A.C. Only one (1) certificate may be issued under this provision when an applicant meets the following requirements:

a. Submits an application form and fee as specified in Rule 6A-4.0012, F.A.C.

b. Submits verification from an authorized program sponsor documenting approval by the U.S. Department of State for participation in an exchange program. Verification shall be provided by the employing school district, state supported or nonpublic school; and,

c. Submits a request for issuance of the temporary certificate, including verification of specified in paragraph (6)(b) of this rule, from the employing Florida school superintendent or chief administrative officer of the state supported or nonpublic school which has a Department of Education approved system for documenting the demonstration of required professional education competence.

3. The validity of an exchange teacher temporary certificate may be extended for up to two (2) additional years for a period not to exceed a total of five (5) years. The extended exchange teacher certificate will be issued under this provision when an applicant meets the following requirements:

a. Submits an application form and fee as specified in Rule 6A-4.0012, F.A.C.;

b. Submits written verification from the authorized program sponsor documenting approval by the U.S. Department of State to extend participation in the exchange program that stipulates the length of the approved extension; and,

c. Submits a letter of reference on official letterhead from the employing school district, state-supported or nonpublic school that describes the exchange teacher’s performance during the previous years of the exchange and how the host has benefited from the exchange teacher’s presence.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.10(5)(b), 1012.55, 1012.56 FS. History–New 4-10-64, Amended 4-8-68, 4-11-70, 10-18-71, 3-19-72, 12-18-72, 6-17-73, 4-19-74, Repromulgated 12-5-74, Amended 6-22-76, 6-27-77, 12-26-77, 4-27-78, 7-1-79, 7-2-79, 6-26-80, 7-28-81, 1-3-82, 5-11-82, 6-22-83, 3-28-84, 1-31-85, 3-13-85, Joint Administrative Objection Filed – See FAR Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.02, Amended 12-25-86, 10-18-88, 10-10-89, 4-15-91, 11-10-92, 5-30-94, 11-13-96, 10-15-01, 12-27-04, 7-27-06, Joint Administrative Procedures Committee objection resolved by Chapter 86-156, Laws of Florida, Florida Administrative Register Vol. 35, No. 27, July 10, 2009, Amended 1-1-14, 12-31-14, 10-26-15, 6-23-161, 12-20-16, 2-19-19, 7-14-21, 9-20-22, 6-27-23., 8-22-23

Fla. Admin. Code R. 6A-4.0021 Florida Teacher Certification Examinations

(1) Scope. This rule governs the written examinations for teacher certification. Additional requirements for certification are specified in Chapter 6A-4, F.A.C.

(2) Description of the examinations and competencies to be demonstrated.

(a) The Florida Teacher Certification Examinations shall be developed by the Commissioner of Education.

(b) The written examinations shall include subtests of English language skills, reading, writing, mathematics, professional skills, and subject area specialty. These examinations may contain multiple-choice questions and questions requiring the examinee to write an answer or demonstrate a proficiency.

(c) The following competencies are to be demonstrated by means of the written examinations:

1. Between January 1, 2023, and August 31, 2025, the general knowledge competencies and skills contained in the publication “Competencies and Skills Required for Teacher Certification in Florida, Twenty-Seventh Edition,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-14906), which is incorporated by reference and made part of this rule effective January 1, 2023. Beginning September 1, 2025, the subject area competencies and skills contained in the publication “Competencies and Skills Required for Teacher Certification in Florida, Twenty-Eighth Edition,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-18221), which is incorporated by reference and made part of this rule effective September 1, 2025. These publications may be obtained by contacting the Division of Accountability, Research and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

2. Between January 1, 2023, and August 31, 2025, the professional education competencies and skills contained in the publication “Competencies and Skills Required for Teacher Certification in Florida, Twenty-Seventh Edition,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-14906), which is incorporated by reference and made part of this rule effective January 1, 2023. Beginning September 1, 2025, the subject area competencies and skills contained in the publication “Competencies and Skills Required for Teacher Certification in Florida, Twenty-Eighth Edition,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-18221), which is incorporated by reference and made part of this rule effective September 1, 2025. These publications may be obtained by contacting the Division of Accountability, Research and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

3. Between January 1, 2023, and August 31, 2025, the subject area competencies and skills contained in the publication “Competencies and Skills Required for Teacher Certification in Florida, Twenty-Seventh Edition,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-14906), which is incorporated by reference and made part of this rule effective January 1, 2023. Beginning September 1, 2025, the subject area competencies and skills contained in the publication “Competencies and Skills Required for Teacher Certification in Florida, Twenty-Eighth Edition,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-18221), which is incorporated by reference and made part of this rule effective September 1, 2025. These publications may be obtained by contacting the Division of Accountability, Research and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(3) Administration of the examinations.

(a) The examinations shall be administered by a test administration agency or agencies under contract with the Florida Department of Education.

(b) The examinations shall be administered at least four (4) times each year. The Commissioner of Education shall designate the registration deadlines, administration sites, and examination dates.

(c) The examinations shall be administered at sites designated by the Commissioner of Education.

(d) An examinee may retake a failed examination provided at least thirty (30) days have elapsed since the previous administration of the failed examination.

(e) An examinee may not retake a passed examination, subtest, or section unless:

1. At least three (3) years have elapsed since the previous administration of the passed examination, subtest, or section;

2. The State Board of Education has adopted new competencies and skills for the field; or

3. The examinee has applied for reinstatement of an expired professional certification, pursuant to subsection 6A-4.0051(9), F.A.C.

(4) Registration, fees, and refunds.

(a) Registration for the examinations shall be for the initial examinations or for one (1) or more examinations not previously passed. To register to take the examinations, an applicant shall register online with the test administration agency at: http://www.fldoe.org/accountability/assessments/postsecondary-assessment/ftce/. The Florida Teacher Certification Examinations (FTCE)/Florida Educational Leadership Examination (FELE) Registration Form, PS 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-05900) (Effective October 2015) is incorporated by reference herein.

(b) Beginning April 22, 2019, registration fees shall be as follows:

Examination

Fee

General Knowledge Test, Single Subtest Registration

$32.50

General Knowledge Test, Two Subtests Registration

$65.00

General Knowledge Test, Three Subtests Registration

$97.50

General Knowledge Test, Full Battery Registration

$130.00

Professional Education Test, Registration

$150.00

Subject Area Examination, Registration

$150.00

(c) Beginning April 22, 2019, registration fees for Elementary Education K-6 and Prekindergarten/Primary PK-3 shall be as follows:

Elementary Education K-6 and Prekindergarten/Primary PK-3

Fee

Single Subtest Registration

$37.50

Two Subtests Registration

$75.00

Three Subtests Registration

$112.50

Full Battery Registration

$150.00

(d) Beginning April 22, 2019, registration fees for English 6-12 and Middle Grades English 5-9 shall be as follows:

English 6-12 and Middle Grades English 5-9

Fee

Single Subtest Registration

$75.00

Full Battery Registration

$150.00

(e) Refunds. Fees may be refunded provided written requests for refunds are received by the test administration agency at least twenty-four (24) hours preceding the examination date. Failure to appear for or to complete an examination shall result in forfeiture of fees.

(5) Admission. The test administration agency shall provide each applicant with electronic communication specifying the examination site, date, and the time of the examination. This communication will also stipulate identification required for entrance into the examination site. An applicant who arrives after the examination has begun shall not be admitted. An applicant, who has registered for multiple examinations or subtests for the same day and arrives late, shall only be admitted at the start of the next examination or subtest.

(6) Examinee with a disability. An applicant who is unable to complete the examinations under standard testing conditions because of a disability may request special arrangements. Such a request shall be made when the examination application is submitted. Lack of proficiency in the English language alone shall not be acceptable as a justifiable reason for requesting a reader or extra time for an examinee. Special arrangements shall be provided for applicants with disabilities.

(a) Definition of terms.

1. A person with a disability means any person who:

a. Has a physical or mental impairment which substantially limits one (1) or more major life activities;

b. Has a record of such an impairment; or

c. Is regarded as having such an impairment.

2. The definitions for the phrases used in paragraph (6)(a) of this rule – physical or mental impairment, major life activities, has a record of such an impairment and regarded as having an impairment – are the same as in the definition of disability included in the Americans With Disabilities Act, 28 C.F.R. §§35.104(1), (2), (3) and (4).

(b) Persons requesting special arrangements must be certified as having a disability by a licensed psychologist or physician. Such documentation shall have been completed within the previous three (3) years and must be received on official letterhead stationery. In the absence of such certification, the applicant may submit documentation of accommodations provided for a disability during the applicant’s baccalaureate or graduate degree program. Any documentation submitted must describe the disability and the accommodations made necessary by the disability.

(c) Special test arrangements may include but are not limited to the following:

1. Flexible scheduling. The person may be administered an examination during several brief sessions, as long as that examination is completed on the test administration date. Up to double time may be allowed.

2. Flexible setting. The person may be administered an examination individually or in a small group setting by a proctor rather than in a classroom or auditorium setting.

3. Recording of answers. The person may mark answers in a test booklet, type the answers by machine, or indicate selected answers to a test proctor. The proctor may then transcribe the person’s responses onto a machine-scorable answer sheet or onto a computer. In instances where the proctor is required to mark the responses on behalf of the examinee, there will be a tape recording of the examinee’s selected responses. A large-block answer sheet may be provided. The person may use a word processor or typewriter to prepare any required essay or other written response. Technical support to operate the word processor or typewriter may be provided.

4. Revised format. The person may use a large-print booklet, a Braille test booklet, or a magnifying device.

5. Auditory aids. A recorded version of the examination may be provided, the examination may be read by a narrator, or the examination may be provided via video with a narrator using oral language or sign language.

6. Assistive personnel. Test personnel may be provided by the test administrator to record answers, sign test instructions, or read instructions and test items.

7. Accommodations not covered by this rule may be requested through the Department of Education and will be provided, as appropriate, upon approval by the Department of Education.

(d) Appropriate special arrangements for testing shall be provided, where necessary, to afford an individual with a disability an equal opportunity to participate. In determining the type of special arrangement to be provided, primary consideration shall be given to the requests of the individual with the disability. However, if it can be demonstrated that special arrangements that are equally effective as those requested are available at less cost or are more readily available, the Department may provide the less expensive or more readily available means of special arrangements for testing.

(e) In no case shall the modifications authorized herein be interpreted or construed as an authorization to provide a person with assistance in determining the answer to any examination item.

(f) Nothing in this rule shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under this rule which the individual chooses not to accept.

(g) This rule does not require the Department to provide individuals with disabilities with personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use for study; or services of a personal nature including assistance in eating, toiletry, or dressing.

(h) Appeals procedure. An examinee who is denied test accommodations may appeal the denial to the Commissioner of Education. Such appeal may necessitate a later test date.

(7) Scoring the general knowledge subtests.

(a) Effective January 1, 2004, the passing scores for the general knowledge subtests listed below shall be a scaled score of at least two hundred (200) for multiple-choice sections. The passing score for the Essay subtest shall be a total raw score of at least six (6). This scaled score shall be equivalent to the following raw scores on the July 2002 test administration:

SUBTEST

SCORE

General Knowledge Subtest 1: Essay

A total raw score of at least six (6)

General Knowledge Subtest 2: English Language Skills

29 correct items

General Knowledge Subtest 3: Reading

25 correct items

General Knowledge Subtest 4: Mathematics

26 correct items

(b) Effective January 1, 2015, the passing scores for the general knowledge subtests listed below shall be a scaled score of at least two hundred (200) for multiple-choice sections. The passing score for the Essay subtest shall be a total raw score of at least eight (8). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered in May 2014:

SUBTEST

SCORE

General Knowledge Subtest 1: Essay

A total raw score of at least eight (8)

General Knowledge Subtest 2: English Language Skills

27 correct items

General Knowledge Subtest 3: Reading

26 correct items

General Knowledge Subtest 4: Mathematics

31 correct items

(c) Effective January 1, 2025, the passing scores for the general knowledge subtests listed below shall be a scaled score of at least two hundred (200) for multiple-choice subtests. The passing score for the Essay subtest shall be a total raw score of at least six (6). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between January and March 2024:

SUBTEST

SCORE

General Knowledge Subtest 1: Essay

A total raw score of at least six (6)

General Knowledge Subtest 2: English Language Skills

19 correct items

General Knowledge Subtest 3: Reading

21 correct items

General Knowledge Subtest 4: Mathematics

22 correct items

(8) Scoring the professional education test.

(a) Effective July 1, 2003, the passing score for the professional education test shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to an examination raw score that results in an examinee passing rate of ninety-one (91) percent, which was the passing rate of teacher candidates who took the professional education test for the first time during the 2001-2002 examination administration year. In the event that fewer than fifty (50) examinees are tested in the July 2003 administration, the passing score shall be sixty (60) percent of the items.

(b) Effective July 1, 2005, the passing score for the professional education test shall be a scaled score of at least two hundred (200). This scaled passing score will be equivalent to eighty (80) correct items on the July and October 2003 test administrations.

(c) Effective March 1, 2014, the passing score for the Professional Education examination shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to a raw score of eighty-five (85) correct items on the test form used for standard setting and administered in May 2013.

(9) Scoring of the subject area specialty examinations.

(a) The Commissioner of Education shall recommend to the Florida State Board of Education for its approval a passing score or scores required for each subject area specialty examination. Such required scores shall take effect when designated by the State Board.

(b) For subject area specialty examinations listed below, a score earned prior to May 1, 1990, shall be considered a passing score and shall be valid for certification in that subject area for a period of two (2) years from the test administration date. Effective August 1, 1990, a passing score for these subject area examinations will be a scaled score of at least two hundred (200). This scaled passing score will be equivalent to the following scores on the October 1988 test administration:

SUBJECT

SCORE

Biology 6-12

70 correct items

Computer Science K-12

72 correct items

Earth-Space Science 6-12

70 correct items

Emotionally Handicapped K-12

87 correct items

Geography 6-12

105 correct items

School Counseling PK-12

83 correct items

89 correct items

Journalism 6-12

89 correct items

Mentally Handicapped K-12

63 correct items

Physical Education K-8

66 correct items

Physical Education 6-12

72 correct items

Physically Impaired K-12

79 correct items

Political Science 6-12

84 correct items

Reading K-12

69 correct items

School Psychologist PK-12

61 correct items

Specific Learning Disabilities K-12

78 correct items

Speech-Language Impaired K-12

79 correct items

Varying Exceptionalities K-12

80 correct items

(c) For subject area specialty examinations listed below, a score earned prior to October 1, 1990, shall be considered a passing score and shall be valid for certification in that subject area for a period of two (2) years from the test administration date. Effective October 1, 1990, a passing score for these subject area examinations will be a scaled score of at least two hundred (200). This scaled passing score will be equivalent to the following scores on the April 1989 test administration:

SUBJECT

SCORE

Art K-12

63 correct items

Elementary Education 1-6

84 correct items

English 6-12

71 on a scale that weights the multiple choice section eighty (80) percent and the essay section twenty (20) percent

Deaf or Hard of Hearing K-12

66 correct items

Mathematics 6-12

60 correct items

Music K-12

64 correct items

Primary Education K-3

88 correct items

Social Science 6-12

102 correct items

(d) For subject area specialty examinations listed below, a score earned prior to May 1, 1991, shall be considered a passing score and shall be valid for certification in that subject area for a period of two (2) years from the test administration date. After May 1, 1991, a passing score for these subject area examinations will be a scaled score of at least two hundred (200). The scaled score shall be equivalent to the following scores on the October 1989 test administration:

SUBJECT

SCORE

Chemistry 6-12

57 correct items

Drama 6-12

96 correct items

Economics 6-12

70 correct items

Educational/Media Specialist PK-12

102 correct items

Health K-12

71 correct items

Latin K-12

70 correct items

Middle Grades General Science 5-9

70 correct items

Middle Grades Mathematics 5-9

59 correct items

Middle Grades Social Science 5-9

87 correct items

Physics 6-12

51 correct items

French K-12

87 on a scale that weights the multiple choice section fifty (50) percent, the speaking section forty (40) percent, and the writing section ten (10) percent.

German K-12

A score of Intermediate High or more on the oral interview and a score of 82 on a scale that weights the multiple choice section eighty (80) percent and the writing section twenty (20) percent.

Middle Grades English 5-9

57 on a scale that weights the multiple choice section seventy (70) percent and the essay section thirty (30) percent.

Speech 6-12

Prior to October 1, 1996, 119 on a scale that weights the multiple choice section fifty (50) percent and the speech section fifty (50) percent. Beginning October 1, 1996, a score of fifty-six (56) on the multiple choice section and a score of four (4) or more on the speech section based on the summed ratings of two (2) trained judges using a scale of one (1) low to four (4) high.

(e) For subject area specialty examinations listed below, a score earned prior to January 1, 1992, shall be considered a passing score and shall be valid for certification in that subject area for a period of two (2) years from the test administration date. Effective January 1, 1992, a passing score for these subject area examinations will be a scaled score of at least two hundred (200). This scaled passing score will be equivalent to the following scores on the April 1990 test administration:

SUBJECT

SCORE

Humanities K-12

88 correct items

Psychology 6-12

94 correct items

Sociology 6-12

95 correct items

Visually Impaired K-12

99 correct items

(f) For the subject area specialty examination listed below, a score earned prior to January 1, 1992, shall be considered a passing score and shall be valid for certification in the subject area for a period of two (2) years from the test administration date. Effective January 1, 1992, through September 30, 1993, a passing score for this subject area examination will be a scaled score of at least two hundred (200). This scaled passing score will be equivalent to the following score on the April 1990 test administration:

SUBJECT

SCORE

Preschool Education N-PK

94 correct items

(g) For subject area specialty examinations listed below, a score earned prior to April 1, 1992, shall be considered a passing score and shall be valid for certification in that subject area for a period of two (2) years from the test administration date. Effective September 1, 1992, a passing score for these subject area examinations will be a scaled score of at least two hundred (200). This scaled passing score will be equivalent to the following scores on the October 1990 test administration:

SUBJECT

SCORE

Business Education 6-12

69 correct items

Home Economics 6-12

83 correct items

Occupational Specialist

87 on a scale that weights the multiple choice section forty-five (45) percent and the short answer section fifty-five (55) percent.

(h) For the subject area specialty examinations listed below, a score earned prior to April 1, 1995, shall be considered a passing score and shall be valid for certification in that subject area for a period of two (2) years from the test administration date. Effective April 1, 1995, a passing score for these subject area examinations will be a scaled score of at least two hundred (200).

English to Speakers of Other Languages K-12

Prekindergarten/Primary PK-3

For the subject area specialty examination listed below, this scaled passing score will be equivalent to the following score on the October 1992 test administration:

SUBJECT

SCORE

English to Speakers of Other Languages K-12

54 correct items

For the subject area specialty examination listed below, this scaled passing score will be equivalent to the following score on the October 1993 test administration:

SUBJECT

SCORE

Prekindergarten/Primary PK-3

73 correct items

(i) For the subject area specialty examinations listed below, a score earned prior to October 1, 1996, shall be considered a passing score and shall be valid for certification in that subject area for a period of two (2) years from the test administration date. Effective October 1, 1996, a passing score for these subject area examinations will be a scaled score of at least two hundred (200). This scaled passing score will be equivalent to the following scores on the April 1995 test administration:

SUBJECT

SCORE

Agriculture 6-12

83 correct items

Industrial Arts-Technology Education 6-12

83 correct items

Marketing 6-12

72 correct items

Preschool Education Birth – Age 4

81 correct items

(j) For the subject area specialty examination listed below, passing for a score earned prior to August 1, 2000, shall be a scaled score of at least two hundred (200). This scaled passing score shall be equivalent to the following score on the October 1989 test administration:

SUBJECT

SCORE

Spanish K-12

87 on a scale that weights the multiple choice section seventy-five (75) percent and the speaking section twenty-five (25) percent.

Effective August 1, 2000, a passing score for this examination will be a scaled score of at least two hundred (200). This scaled passing score will be equivalent to the following score on the October 1998 and January 1999 test administrations:

SUBJECT

SCORE

Spanish K-12

88 on a scale that weights the multiple choice section sixty (60) percent, the speaking section twenty-five (25) percent, and the writing section fifteen (15) percent.

(k) Effective January 1, 2004, the passing scores for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the July 2002 test administration:

SUBJECT

SCORE

Exceptional Student Education K-12

72 correct items

Kindergarten-Grade Six

138 correct items

(l) Effective July 1, 2005, the passing score for the Exceptional Student Education K-12 Examination shall be a scaled score of at least two hundred (200). This scaled passing score will be equivalent to seventy-seven (77) correct items on the July and October 2002 test administrations.

(m) Effective July 1, 2003, the passing scores for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the raw scores on the July 2003 test administration as defined below:

1. Middle Grades Integrated Curriculum 5-9 Examination. An examination raw score that results in an examinee passing rate of sixty-eight (68) percent, which was the average of the passing rates of teacher candidates who took the Middle Grades English 5-9, Middle Grades General Science 5-9, Middle Grades Mathematics 5-9, and Middle Grades Social Science 5-9 specialty examinations for the first time during the 2001-2002 examination administration year. In the event that fewer than fifty (50) examinees are tested in the July 2003 administration, the passing score shall be fifty-nine (59) percent of the items.

2. Physical Education K-12 Examination. An examination raw score that results in an examinee passing rate of seventy-five (75) percent, which was the average of the passing rates of teacher candidates who took the Physical Education K-8 and Physical Education 6-12 specialty examinations for the first time during the 2001-2002 examination administration year. In the event fewer than fifty (50) examinees are tested in the July 2003 administration, the passing score shall be sixty (60) percent of the items.

3. After sufficient data have been collected, the Commissioner of Education shall review examinee performance levels for the Middle Grades Integrated Curriculum 5-9 Examination, and the Physical Education K-12 Examination and determine whether to recommend to the State Board of Education to maintain or change the existing passing scores.

(n) Effective July 1, 2004, the passing score for the subject area specialty examination listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the raw score on the July 2004 test administration as defined below.

1. Computer Science K-12 Examination. An examination raw score that results in an examinee passing rate of eighty-three (83) percent, which was the passing rate of teacher candidates who took the Computer Science K-12 specialty examination for the first time during the 2002-2003 examination administration year. In the event that fewer than fifty (50) examinees are tested in the July 2004 administration, the passing score shall be sixty-three (63) percent of the items.

2. After sufficient data have been collected, the Commissioner of Education shall review examinee performance levels for the Computer Science K-12 Examination and determine whether to recommend to the State Board of Education to maintain or change the existing passing scores.

(o) Effective July 1, 2005, the passing scores for the English 6-12 subject area specialty examination shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the composite score of seventy one (71) on a scale that weights the multiple choice section seventy (70) percent and the essay section thirty (30) percent on the April 1989 test administration.

(p) Effective January 1, 2012, the passing score for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between March and April 2011:

SUBJECT

SCORE

Educational Media Specialist PK-12

85 correct items

Exceptional Student Education K-12

81 correct items

Social Science 6-12

87 correct items

(q) Effective September 1, 2012, the passing score for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between January 2011 and April 2012:

SUBJECT

SCORE

Biology 6-12

83 correct items

Chemistry 6-12

71 correct items

Earth-Space Science 6-12

83 correct items

Middle Grades General Science 5-9

84 correct items

Physics 6-12

60 correct items

(r) Effective September 1, 2012, the passing score for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between January and March 2012:

SUBJECT

SCORE

Health K-12

83 correct items

Physical Education K-12

85 correct items

(s) Effective March 1, 2014, the passing score for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between May and August 2013:

SUBJECT

SCORE

English for Speakers of Other Languages K-12

81 correct items

Mathematics 6-12

48 correct items

Middle Grades Mathematics 5-9

52 correct items

(t) Effective March 1, 2014, the passing score for the new Prekindergarten/Primary PK-3 subtests listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered in July and August 2013:

SUBTEST

SCORE

PK-3 Subtest 1: Developmental Knowledge

38 correct items

PK-3 Subtest 2: Language Arts and Reading

41 correct items

PK-3 Subtest 3: Mathematics

32 correct items

PK-3 Subtest 4: Science

30 correct items

(u) Effective January 1, 2015, the passing score for the new Elementary Education K-6 subtests listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered in May 2014:

SUBTEST

SCORE

K-6 Subtest 1: Language Arts and Reading

42 correct items

K-6 Subtest 2: Social Science

37 correct items

K-6 Subtest 3: Science

36 correct items

K-6 Subtest 4: Mathematics

35 correct items

(v) Effective January 1, 2015, the passing score for the new English 6-12 and Middle Grades English 5-9 multiple-choice sections shall be a scaled score of at least two hundred (200). The passing score for the writing sections shall be a total raw score of at least eight (8). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between March and June 2014:

SUBJECT

SCORE

English 6-12

56 correct items on the multiple-choice section and a total raw score of at least eight (8) on the writing section

Middle Grades English 5-9

58 correct items on the multiple-choice section and a total raw score of at least eight (8) on the writing section

(w) Effective January 1, 2015, the passing score for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between April and June 2014:

SUBJECT

SCORE

Computer Science K-12

85 correct items

Engineering and Technology Education 6-12

89 correct items

(x) Effective September 1, 2016, the passing score for the subject area specialty examination listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw score on the test forms used for standard setting and administered between January and March 2016:

SUBJECT

SCORE

Business Education 6-12

81 correct items

(y) Effective September 1, 2016, the passing score for the subject area specialty examination listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following composite score on the test forms used for standard setting and administered between January and March 2016:

SUBJECT

SCORE

Spanish K-12

93 on a scale that weights the multiple choice sixty (60) percent, the speaking section twenty-five (25) percent, and the writing section fifteen (15) percent.

(z) Effective March 1, 2017, the passing score for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between May and July 2016:

SUBJECT

SCORE

Preschool Education (Birth–Age 4)

85 correct items

Reading K–12

85 correct items

(aa) Effective July 1, 2018, the passing score for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between September and December 2017:

SUBJECT

SCORE

Art K–12

75 correct items

Exceptional Student Education K-12

80 correct items

(bb) Effective January 1, 2023, the passing score for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between September 2021 and March 2022:

SUBJECT

SCORE

Deaf or Hard of Hearing K-12

60 correct items

School Counseling PK-12

66 correct items

School Psychologist PK-12

70 correct items

Visually Impaired K-12

71 correct items

(cc) Effective January 1, 2025, the passing score for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between July and December 2023:

SUBJECT

SCORE

Music K–12

54 correct items

Speech-Language Impaired K–12

55 correct items

(dd) Effective January 1, 2025, the passing score for the English 6–12 and Middle Grades English 5–9 multiple-choice subtests shall be a scaled score of at least two hundred (200). The passing score for the writing sections shall be a total raw score of at least five (5). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between January and March 2024:

SUBTEST

SCORE

English 6–12 Multiple-Choice

40 correct items

English 6–12 Writing

A total raw score of at least five (5)

Middle Grades English 5–9 Multiple-Choice

41 correct items

Middle Grades English 5–9 Writing

A total raw score of at least five (5)

(ee) Effective January 1, 2025, the passing score for the Elementary Education K–6 and Prekindergarten/Primary PK–3 subtests listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between January and September 2024:

SUBTEST

SCORE

K–6 Subtest 1: Language Arts and Reading

34 correct items

K–6 Subtest 4: Mathematics

25 correct items

PK–3 Subtest 2: Language Arts and Reading

30 correct items

PK–3 Subtest 3: Mathematics

26 correct items

(ff) Effective January 1, 2025, the passing score for the subject area specialty examinations listed below shall be a scaled score of at least two hundred (200). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between January and March 2024:

SUBJECT

SCORE

Exceptional Student Education (ESE) K–12

51 correct items

English for Speakers of Other Languages (ESOL) K–12

53 correct items

Mathematics 6–12

32 correct items

Middle Grades Mathematics 5–9

35 correct items

Reading K–12

55 correct items

(gg) The Commissioner of Education shall review the passing score for each of the General Knowledge Subtests, each of the subject area specialty examinations, and the professional education test not less than once every five (5) years and determine whether to recommend to the State Board of Education to maintain or change the existing passing scores.

(10) Score reports for the general knowledge essay, english language skills, reading, and mathematics subtests, professional education test, and subject area examinations.

(a) A properly authenticated score report is defined as the original score report issued directly by the test administration agency without any qualification, reservation, or irregularity.

(b) The examinee shall be sent an authenticated score reports as described in paragraph 6A-4.0021(10)(a), F.A.C. In addition, a copy of the score report may be issued by the test administration agency without a fee to one (1) Florida institution (i.e., college, university, or professional district certification program provided the examinee identifies the recipient or recipients of the score report at the time of registration.

(c) Official documentation of scores earned on each examination for a temporary or for a professional certificate shall be the original authenticated score report as described in paragraph 6A-4.0021(10)(a), F.A.C., or a duplicate authenticated score report as described in paragraph 6A-4.0021(10)(e), F.A.C.

(d) Scores shall be reported as Pass or Fail for each subtest of the examination. The Commissioner of Education may provide additional score information to the examinee.

(e) An examinee may obtain a duplicate authenticated score report for a test administration by filing a written request and a fee. A fee is required for each duplicate score report that is requested. The fee shall be that amount necessary for the test administration agency to perform the service as agreed in the contract between the agency and the Florida Department of Education.

(11) Review.

(a) Requests for Verification. An examinee who fails one (1) or more examination(s) within ten (10) scale score points of the passing scale score (200) for failed examinations, including essays, short answer sections, and verbal responses, may file a written request with the test administration agency to verify that the examinations were scored accurately. An examinee may review their failed responses for performance only subtests (i.e., English 6-12 Writing Component, General Knowledge Essay, German K-12 oral interview, Middle Grades English 5-9 Writing Component, Speech 6-12 oral component). The request shall be filed within thirty (30) days of the date the score report was released by the test administration agency. The fee for verification shall be seventy-five ($75.00) dollars. The test administration agency shall notify the examinee of the results of the request within thirty (30) days of receipt of the request and fee.

(b) Score Verification Sessions. An examinee who fails one (1) or more examination(s) within ten (10) scale score points of the passing scale score (200) may review only those incorrect test items and/or performance component(s) contained within each examination meeting these criteria and bring to the Florida Department of Education’s attention, via the test administration agency, any scoring errors. The procedures for test review are listed below:

1. The examinee shall register for a score verification session within thirty (30) days of the date the score report was released by the test administration agency. At least thirty (30) days shall have elapsed from the administration of the failed examination before an examinee may attend a score verification session.

2. A processing fee is required for each score verification session. The fee shall be that amount necessary for the test administration agency to perform the services as agreed in the contract between the agency and the Florida Department of Education.

3. The examinee shall be provided electronic communication that contains the location, date and time for the examinee’s score verification session.

4. During the score verification session, the examinee shall file with the Florida Department of Education via the test administration agency a statement of specific scoring errors which may result in a scoring change.

5. The Florida Department of Education shall review test items, verify examination keys, and consult with field-specific subject matter experts as needed.

6. The Commissioner of Education shall notify the individual of the action on the statement of scoring errors not later than thirty (30) days from receipt of the statement.

7. An examinee may retake a failed examination that was reviewed provided at least thirty (30) days have elapsed since the date of the review. If an examinee takes any examination that was reviewed within thirty (30) days of the test date, the examination will be invalidated.

(12) Alternative Assessments: Graduate Record Examinations (GRE) Revised General Test, SAT, ACT, and Classic Learning Test (CLT). GRE test administrations conducted on or after July 1, 2015, and SAT, ACT, and CLT test administrations on or after March 1, 2016, may be used as an acceptable means of demonstrating a mastery of general knowledge. In all cases, the minimum required score on the GRE, SAT, ACT, and CLT must have been earned during the ten (10) years immediately preceding application and qualification for a certificate, unless otherwise stipulated in law or rule. The scores listed below shall be considered the minimum passing scores that may be used to satisfy the demonstration of mastery of general knowledge requirements. Passing scores are required in each of the general knowledge content areas assessed on the General Knowledge Test, which include writing (essay), English language skills, reading, and mathematics. The table below provides the content area subtests for GRE, SAT, ACT, and CLT, followed by the minimum required scores to satisfy the General Knowledge requirements.

GK SUBTEST

ALTERNATIVE ASSESSMENT

MINIMUM REQUIRED ALTERNATIVE ASSESSMENT SCORE

GK Essay

GRE Analytical Writing

A combined score of 4 out of 6

SAT Evidence-Based Reading & Writing

A score of 560

ACT English

A score of 22

CLT Verbal Reasoning & Grammar/Writing

A combined score of 49

GK English Language Skills

GRE Verbal Reasoning

A score of 151

SAT Evidence-Based Reading & Writing

A score of 560

ACT English

A score of 22

CLT Verbal Reasoning & Grammar/Writing

A combined score of 49

GK Reading

GRE Verbal Reasoning

A score of 151

SAT Evidence-Based Reading & Writing

A score of 560

ACT Reading

A score of 23

CLT Verbal Reasoning & Grammar/Writing

A combined score of 49

GK Mathematics

GRE Quantitative Reasoning

A score of 147

SAT Mathematics

A score of 540

ACT Mathematics

A score of 22

CLT Quantitative Reasoning

A score of 20

(13) Military Testing Fee Waivers.

(a) An individual is eligible for a military testing fee waiver from the Department for the first-time testing fees prescribed in paragraphs (4)(a)-(e) of this rule if he or she:

1. Is a member of the U.S. Armed Forces or a reserve component thereof who is serving, or has served, on active duty or is the spouse of such a service member;

2. Is an honorably discharged veteran of the U.S. Armed Forces or an honorably discharged veteran of a reserve component thereof or is the spouse or surviving spouse of such a service member; or

3. Is the surviving spouse of a member of the U.S. Armed Forces or a reserve component thereof who was serving on active duty at the time of death.

(b) To apply for a military testing fee waiver, a request must be submitted via the Department of Education, Educator Certification website at https://web03.fldoe.org/TeacherCertFeeWaiver along with documentation establishing that the applicant meets the requirements for a military testing fee waiver per paragraph (13)(a) of this rule. The following chart lists the required documentation.

BASIS FOR WAIVER OF FEE

DOCUMENTATION REQUIRED

Member of Armed Forces

Military ID card

Spouse of member of Armed Forces

Military dependent ID card (DD Form 1173)

Member of reserves

Military ID card or NGB22 Form or DD 256A Form

Spouse of member of reserves

Military dependent ID card (DD Form 1173) or Military dependent ID card (DD Form 1173-1)

Honorably discharged veteran

Certificate of Release or Discharge from Active Duty (DD Form 214 Member 4)

Spouse or surviving spouse of honorably discharged veteran

DD Form 214 Member 4 of spouse and marriage certificate

Honorably discharged veteran of reserves

DD Form 214 Member 4, NGB22 Form or DD 256A Form

Spouse of honorably discharged veteran of reserves

DD Form 214 Member 4, NGB22 Form or DD 256A Form of spouse and marriage certificate

Surviving spouse of member of armed forces on active duty at time of death

Official documentation from Department of Defense

Surviving spouse of member of reserves at time of death

Official documentation from Department of Defense

(c) Additional documentation. Where the required documentation submitted does not establish eligibility, due to a name change or other circumstance, the applicant will be notified by the Department within ninety (90) days and afforded the opportunity to submit additional documentation to verify eligibility.

(d) All documents submitted to verify eligibility for military testing fee waivers will be retained in the certification record maintained by the Department and will not be returned to the applicant. Approval for military testing fee waivers remain valid for five (5) years from the date issued unless a document used to verify indicates an earlier expiration date or end date of its validity and in that case, validity of the military testing fee waiver expires when the verifying document expires. In no case shall a person use or attempt to use a military testing fee waiver if the person does not meet the eligibility criteria set forth in Section 1012.59(3), F.S.

(e) Fees for retake examinations under subsection (4) of this rule may not be waived. Subsequent registration for any examination under subsection (4) of this rule will be considered a retake and not eligible for a fee waiver under this section.

(14) Retired First Responder Testing Fee Waivers.

(a) An individual is eligible for a retired first responder testing fee waiver from the Department for the first-time testing fees prescribed in paragraphs (4)(a)-(e) of this rule if he or she:

1. Is a retired law enforcement officer as defined in Section 943.10(1), F.S.;

2. Is a retired firefighter as defined in Section 633.102(9), F.S.; or

3. Is a retired emergency medical technician or paramedic as defined in Section 401.23, F.S.

(b) To apply for a retired first responder testing fee waiver, a request must be submitted via the Department of Education, Educator Certification website at https://web03.fldoe.org/TeacherCertFeeWaiver along with documentation establishing that the applicant meets the requirements for a retired first responder testing fee waiver per paragraph (14)(a) of this rule.

(c) Where the required documentation submitted does not establish eligibility, due to a name change or other circumstance, the applicant will be notified by the Department within ninety (90) days and afforded the opportunity to submit additional documentation to verify eligibility.

(d) All documents submitted to verify eligibility for retired first responder testing fee waivers will be retained in the certification record maintained by the Department and will not be returned to the applicant. Approval for retired first responder testing fee waivers remain valid for five (5) years from the date issued unless a document used to verify eligibility indicates an earlier expiration date or end date of its validity and in that case, validity of the testing fee waiver expires when the verifying document expires. In no case, shall a person use or attempt to use a retired first responder testing fee waiver if the person does not meet the eligibility criteria set forth in Section 1012.59(3), F.S., and this rule.

(e) Fees for retake examinations under subsection (4) of this rule may not be waived. Subsequent registration for any examination under subsection (4) of this rule will be considered a retake and not eligible for a fee waiver under this section.

(15) Exceptional Student Education K–12/Elementary Education K–6 Waivers.

(a) An individual is eligible for a waiver from the Department of Education for the first-time testing fees prescribed in paragraphs (4)(a)-(e) of this rule, if he or she:

1. Holds a valid active Temporary or Professional Certificate in Exceptional Student Education K–12 and applies to add a subject coverage in Elementary Education K–6; or

2. Holds a valid active Temporary or Professional Certificate in Elementary Education K–6 and applies to add a subject coverage in Exceptional Student Education K–12.

(b) To apply for a testing fee waiver, a request must be submitted via the Department of Education, Bureau of Educator Certification website at https://web03.fldoe.org/TeacherCertFeeWaiver along with documentation establishing that the applicant meets the requirements for a testing fee waiver per paragraph (15)(a) of this rule.

The following chart lists the required documentation:

BASIS FOR WAIVER OF FEE

DOCUMENTATION REQUIRED

Holds a Temporary or Professional Certificate in Exceptional Student Education K–12 and application to add a subject coverage in Elementary Education K–6

Valid active certificate in ESE K–12

Holds a Temporary or Professional Certificate in Elementary Education K–6 and application to add a subject coverage in Exceptional Student Education K–12

Valid active certificate in K–6

(c) Additional documentation. Where the required documentation submitted does not establish eligibility, due to a name change or other circumstance, the applicant will be notified by the Department within ninety (90) days and afforded the opportunity to submit additional documentation to verify eligibility.

(d) All documents submitted to verify eligibility for the Exceptional Student Education K–12/Elementary Education K–6 fee waivers will be retained in the certification record maintained by the department and will not be returned to the applicant. Approval for testing fee waivers remains valid for five (5) years from the date issued unless a document used to verify indicates an earlier expiration date or end date of its validity and, in that case, validity of the testing fee waiver expires when the verifying document expires. In no case shall a person use or attempt to use a testing fee waiver if the person does not meet the eligibility criteria set forth in Section 1012.59(4), F.S.

(e) Fees for retake examinations under subsection (4) of this rule may not be waived. Subsequent registration for any examination under subsection (4) of this rule will be considered a retake and not eligible for a fee waiver under this section.

History

• History 6-12
• Rulemaking Authority 1001.02, 1012.55(1), 1012.56, 1012.59 FS. Law Implemented 1012.55, 1012.56, 1012.59 FS. History–New 8-27-80, Amended 1-11-82, 1-6-83, 5-3-83, 10-5-83, 10-15-84, Formerly 6A-4.021, Amended 12-25-86, 4-26-89, 4-16-90, 7-10-90, 4-22-91, 10-3-91, 8-10-92, 11-28-93, 4-12-95, 7-1-96, 9-30-96, 10-1-99, 7-17-00, 7-16-01, 3-24-02, 7-16-02, 3-24-03, 7-21-03, 12-23-03, 7-13-04, 5-24-05, 5-23-06, 5-21-07, 5-19-08, 7-21-08, 7-9-09, 6-22-10, 6-21-11, 11-22-11, 8-23-12, 5-21-13, 10-22-13, 2-25-14, 12-23-14, 7-28-15, 10-26-15, 7-26-16, 2-20-17, 8-20-17, 6-19-18, 11-28-18, 4-22-19, 5-3-22, 11-23-22, 11-21-23, 8-27-24, 12-24-24, 8-19-25.

Fla. Admin. Code R. 6A-4.003 Degrees, Programs, and Credits

Degrees, programs, and credits shall be determined acceptable for educator certification purposes based on the following:

(1) Accredited institutions. Degrees and credits awarded by an institution of higher learning accredited by one (1) of the accrediting associations listed below shall be acceptable for educator certification purposes, as documented on the institution’s official transcript.

(a) Regional accrediting associations. The regional accrediting associations are as follows:

1. The Southern Association of Colleges and Schools;

2. The Middle States Association of Colleges and Schools;

3. The New England Association of Schools and Colleges;

4. The North Central Association of Colleges and Schools;

5. The Northwest Commission on Colleges and Universities; and,

6. The Western Association of Schools and Colleges.

(b) Accrediting agencies approved by the United States Department of Education.

(2) Non-accredited approved institutions. A non-accredited approved institution of higher learning shall be identified as having a quality program resulting in a bachelor’s or higher degree by one (1) of the following criteria:

(a) The institution is accepted for certification purposes by the state department of education where the institution is located;

(b) The institution was exempt from licensure in 2001 and has maintained qualifying criteria pursuant to Section 1005.06, F.S. (2001);

(c) The institution is a newly created Florida public college or university that offers a bachelor’s or higher degree program;

(d) The institution is located outside the United States and awards a degree that is the equivalent to a bachelor’s or higher degree awarded by an accredited institution in the United States. Isolated credit will be acceptable for certification purposes provided the credit is the equivalent of college credit earned in the United States; or

(e) The degree from the institution was accepted by an accredited institution either in transfer or as a basis for admission into the graduate program which resulted in the conferral of a higher degree.

Documentation of degrees and credits from institutions within the United States or its territories shall be an official transcript. Documentation of degrees and credits from institutions outside the United States shall be an original credential evaluation report prepared by an accredited institution as specified in paragraph (1)(a) or (b) of this rule, or by a credential evaluation agency approved by the Department as specified in subsection (6) of this rule. An original credential evaluation report must include a summary of the equivalent United States postsecondary degree level and academic program awarded and, upon request, must also include a detailed breakdown of all courses into descriptive titles with equivalent United States postsecondary semester hours and grades.

(3) Highest acceptable degree level of training.

(a) The highest degree which has been awarded by an accredited or approved institution as described in subsections (1) and (2), of this rule, shall be recognized for certification. The degree level shall be determined by the criteria listed below.

1. Bachelor’s degree. An earned bachelor’s degree, such as the bachelor of arts, bachelor of science, or bachelor of education degree which normally required four (4) years of higher education; or a foreign degree that required sixteen (16) years of combined pre-university and university education; or a foreign degree that has been evaluated by a credential evaluation agency approved by the Department as specified in subsection (6) of this rule or an accredited or approved institution as the equivalent to a bachelor’s degree from an institution as described in subsections (1) and (2) of this rule shall be recognized as the bachelor’s degree level of training.

2. Master’s degree. An earned master’s degree or an earned advanced bachelor’s degree of a professional nature, such as library science, in combination with an earned four-year bachelor’s degree; or a post-bachelor’s foreign degree that required at least five (5) years of higher education; or a foreign post-bachelor’s degree that has been evaluated by a credential evaluation agency approved by the Department as specified in subsection (6) of this rule or an accredited or approved institution as the equivalent to a master’s degree from an institution as described in subsections (1) and (2) of this rule shall be recognized as the master’s degree level of training.

3. Specialist in education degree. An earned sixth-year post-master’s level degree in education, such as specialist in education degree shall be recognized as the specialist’s degree level of training.

4. Doctor’s degree. An earned academic or professional doctor’s degree, or an earned Bachelor of Laws (LLB) or higher law degree granted by an institution of higher learning in the United States, or a foreign doctor’s degree that required at least seven (7) years of higher education, or a foreign doctor’s degree that has been evaluated by a credential evaluation agency approved by the Department as specified in subsection (6) of this rule or an accredited or approved institution as the equivalent to a doctor’s degree from an institution as described in subsections (1) and (2) of this rule shall be recognized as the doctor’s degree level of training.

(b) A certificate, diploma, or other award shall not be recognized as an earned degree.

(4) Accreditation and acceptance of teacher education programs for specific certification purposes.

(a) Teacher education programs approved by the Florida Department of Education. A teacher education program approved by the Florida Department of Education shall fulfill the general and professional preparation requirements and the specialization requirements in the major subject of the approved program, as documented by the program completion statement on the institution’s official transcript. The teacher education program shall have been approved at the time the program was completed.

(b) Inservice components in a Florida District Inservice Plan. A core of inservice components prescribed for a specific endorsement and approved by the district school board in the master inservice plan shall satisfy the specialization requirements for the designated endorsement. Successful completion of the components in the approved master inservice plan shall be verified by the Florida district superintendent.

(c) Teacher education programs in states other than Florida. A teacher education program at the bachelor’s or higher degree level shall fulfill the general and professional preparation requirements and the specialization requirements for a certification subject area in accordance with the following provisions:

1. The teacher education program shall have been granted by an accredited or a Department approved institution; and,

2. The major subject of the approved program shall be in a subject in which Florida offers certification; and,

3. The instructional level of the major subject of the approved program shall be comparable to or broader than the instructional level at which Florida offers certification in the subject; and,

4. The program curriculum shall have included preservice field experiences and an internship or practicum appropriate to the certification subject area in a prekindergarten through grade 12 setting under the supervision of qualified educators; and,

5. When a master’s or higher degree is required for Florida certification in a subject, the program must have been completed at the same or higher degree level.

Documentation of teacher education programs from institutions within the United States or its territories shall be an official transcript. Documentation of teacher education programs from institutions outside the United States shall be an original credential evaluation report prepared by an accredited institution as specified in paragraph (1)(a) or (b) of this rule or by a credential evaluation agency approved by the Department as specified in subsection (6) of this rule. An original credential evaluation report must include a summary of the equivalent United States postsecondary degree level and academic program awarded and, upon request, must also include a detailed breakdown of all courses into descriptive titles with equivalent United States postsecondary semester hours and grades.

(5) American Council on Education college course credits. College course credits recommended by the American Council on Education (ACE) shall be acceptable for educator certification purposes as documented on an official ACE transcript.

(6) The Department shall approve an education credential evaluation agency that holds current membership in good standing with a nationally recognized association of credential evaluation services that have published standards for the evaluation of foreign credentials, admission standards for membership, an enforced code of ethics or good practice, and affiliations to national or international higher education associations, such as the National Association of Credential Evaluation Services (NACES) or the Association of International Credential Evaluators (AICE); or an agency that provides evidence of its compliance with all of the following:

(a) Employs evaluation staff that have recent, substantive experience in the United States evaluating foreign credentials covering all levels of education and verifies that staff receive on-going training and professional development in credential evaluation methods and procedures.

(b) Provides verification that the agency has developed and employs reliable procedures for accurately identifying the authenticity of foreign educational credentials and establishing the recognition or accreditation of academic institutions.

(c) Makes available to the public, clear and precise requirements for an evaluation, including required documentation, schedule of fees, and an estimate of the time typically required to complete an evaluation.

(d) Uses a current library of professionally accepted resources and reference materials pertinent to the evaluation of foreign credentials that includes standard references in the field and identifies bibliographic listing.

(e) Uses reliable services for accurately translating educational credentials from their original languages into English.

(f) Prepares evaluation reports based on documentation necessary to perform an accurate evaluation and specifically identifies documentation used to prepare the evaluation report, including the type of each authenticated document, the name and location of the institution, the name of the program, diploma, degree, major field of study, year(s) of completion, and the equivalency to earned accredited postsecondary college credit in the United States.

(g) Provides a list of three or more references with contact information for the agency’s affiliation with national or international higher education associations, such as state departments of education, professional education organizations, or accredited postsecondary institutions.

(7) Applicants who earned a Master’s or higher degree as specified in subparagraphs (3)(a)2.-4. of this rule from an accredited or approved institution per subsections (1) and (2) of this rule have met the mastery of general knowledge requirement per Section 1012.56, F.S. Documentation of degree conferral must be submitted to the department in accordance with paragraph (2)(e) of this rule.

(8) Applicants who earned a Master’s or higher degree as specified in subparagraphs (3)(a)2.-4. of this rule from an accredited institution as defined in subsection (1) of this rule, will satisfy mastery of subject area knowledge per Section 1012.56(5), F.S., where the following conditions are met:

(a) The certification subject area as set forth in chapter 6A-4, requires a baccalaureate degree; and

(b) The Master’s or higher degree is conferred in a subject area that is identified on the document entitled Mastery of Subject Area Knowledge by Master’s or Higher Degrees, Document No. CT136. This document, effective August 2023, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15714) is incorporated by reference in this rule and may be obtained at https://www.fldoe.org/teaching/certification/.

(c) Documentation of degree conferral must be submitted to the Department in accordance with paragraph (2)(e) of this rule.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 4-20-64, Amended 3-26-66, 4-8-68, 7-7-68, 4-11-70, 1-17-72, Repromulgated 12-5-74, Amended 6-22-76, 11-9-76, 10-12-77, 7-1-79, 1-3-82, 4-30-85, Formerly 6A-4.03, Amended 12-25-86, 9-12-89, 4-15-91, 11-25-97, 10-15-01, 3-22-05, 1-1-14, 6-23-16, 3-15-22, 8-22-23.

Fla. Admin. Code R. 6A-4.004 Florida Educator’s Certificates with Academic, Administrative, Degreed Career and Technical, and Specialty Class Coverages

A Florida educator’s certificate is issued to an applicant with academic, administrative, degreed career and technical, and specialty class coverages as specified below.

(1) Temporary certificate.

(a) The five-year nonrenewable temporary certificate may be issued to an applicant who does not qualify for the professional certificate but meets the following requirements:

1. Holds a valid Official Statement of Status of Eligibility as specified in Section 1012.56(1), F.S., which reflects that the applicant has satisfied specialization requirements for the subject requested;

2. Obtains full-time employment in a position for which a Florida educators’ certificate is required in a Florida public, state supported, or a nonpublic school which has a Department of Education approved system for documenting the demonstration of required professional education competence. Verification of employment shall be submitted by a Florida district superintendent or designee or the chief administrative officer; and

3. Satisfies the fingerprint requirement as follows:

a. Submits the original fingerprint reports which have been processed by the Florida Department of Law Enforcement and the Federal Bureau of Investigation as specified below:

(I) Original fingerprint reports shall be provided by the employing district, state supported school, or nonpublic school. A name and description search shall be acceptable in lieu of a technical fingerprint search after two (2) sets of fingerprints are declared illegible by the Florida Department of Law Enforcement or the Federal Bureau of Investigation for agency review or when an individual is unable to provide fingerprints because of a physical disability; and

(II) Fingerprints shall have been submitted to the Florida Department of Law Enforcement and the Federal Bureau of Investigation within the twelve month period immediately preceding the beginning validity date of the certificate which is issued; or

b. Holds a Florida educator’s certificate which has not expired for more than one (1) school fiscal year from the date the application for a certificate is received by the Bureau of Educator Certification.

(b) Expired temporary certificates. A new five-year nonrenewable temporary certificate may be issued to an applicant who satisfies all the following:

1. Held a temporary certificate which has expired for more than one (1) school fiscal year; and

2. Meets all requirements specified in paragraph (1)(a) of this rule.

(c) Issuance of temporary certificate to applicants with expired professional certificates. A five-year nonrenewable temporary certificate may be issued to an applicant whose previously issued professional certificate has expired and who meets the requirements pursuant to paragraph (1)(a) of this rule.

(2) Temporary military veterans certificate.

(a) The five-year nonrenewable military veterans temporary certificate may be issued once to an applicant who does not qualify for the professional certificate but meets the following requirements:

1. Documents forty-eight (48) months of active-duty military service with an honorable discharge or medical separation by providing an official copy of a DD Form 214, Certificate of Release or Discharge from Active Duty;

2. Documents at least (60) college credits earned with a minimum cumulative grade point average of 2.5 on a 4.0 scale, in lieu of a bachelor’s degree, by submitting an official transcript per Rule 6A-4.003, F.A.C.;

3. Holds a valid Official Statement of Status of Eligibility as specified in Section 1012.56(1), F.S., which reflects that the applicant has satisfied specialization requirements or subject mastery for the bachelor’s level subject requested;

4. Obtains full-time employment in a position for which a Florida educator certificate is required in a Florida public, state supported, or a nonpublic school which has a Department of Education approved system for documenting the demonstration of required professional education competence. Verification of employment shall be submitted by a Florida district superintendent or designee or the chief administrative officer and confirm the educator is assigned to a mentor per Section 1012.56(7)(d), F.S.; and

5. Satisfies the fingerprint requirement per sub-subparagraph (1)(a)3.a. of this rule.

(3) Temporary teacher internship certificate. The five-year nonrenewable temporary teacher internship certificate may be issued to an applicant who does not qualify for the professional certificate but meets the following requirements:

(a) Meets the requirements of Section 1012.56(2)(a), (b), (d), (e), and (f), F.S.

(b) Holds a valid official statement of status of eligibility as specified in Section 1012.56(1), F.S., which reflects that the applicant has satisfied specialization requirements.

(c) Enrolled in a state-approved teacher preparation program under Section 1004.04, F.S., and Rule 6A-5.066, F.A.C.;

(d) Actively completing the required program field experience or internship at a public school;

(e) Completes the subject area content requirements specified in state board rule or demonstrates mastery of subject area knowledge as provided in Section 1012.56(5), F.S.

(f) Documents at least sixty (60) college credits earned with a minimum cumulative grade point average of 2.5 on a 4.0 scale, in lieu of a bachelor’s degree, by submitting an official transcript per Rule 6A-4.003, F.A.C.; and

(g) Satisfies the fingerprint requirement per sub-subparagraph (1)(a)3.a. of this rule.

(4) Temporary teacher apprenticeship certificate. The five-year nonrenewable temporary teacher apprenticeship certificate may be issued to an applicant who does not qualify for the professional certificate but meets the following requirements:

(a) Meets the requirements of Section 1012.56(2)(a), (b), (d), (e), and (f), F.S.;

(b) Holds an associate degree from an accredited postsecondary institution with a minimum cumulative grade point average of 2.5 in that degree program as determined by a participating employer in accordance with Rule 6A-5.067, F.A.C.;

(c) Must be selected by a participating employer to participate in the Teacher Apprenticeship Program in accordance with Rule 6A-5.067, F.A.C.;

(d) Must have been accepted by the Florida postsecondary institution offering related instruction for the participating employer’s Teacher Apprenticeship Program, as verified by a participating employer in accordance with Rule 6A-5.067, F.A.C.;

(e) Must be appointed by the district school board or charter school governing board or designee as an education paraprofessional and must be paid in accordance with Section 446.032, F.S. Verification of employment must be submitted by a Florida district superintendent or designee, or charter school governing board member or designee; and

(f) Satisfies the fingerprint requirement per sub-subparagraph (1)(a)3.a., of this rule.

(g) Upon verified completion of a baccalaureate degree and all on-the-job training requirements of the approved apprenticeship program, the certificate holder may serve as a classroom teacher as defined in Section 1012.01(2)(a), F.S., and may be reported as the teacher of record for funding and class size purposes, consistent with district employment policies.

(5) Professional certificate.

(a) The professional certificate is the standard, renewable type of certificate issued by the Department of Education to an applicant who meets the following eligibility requirements:

1. Completes the application requirements as specified in Rule 6A-4.0012, F.A.C.; and

2. Satisifes all eligibility criteria specified in Section 1012.56(2), F.S.

(b) A standard, renewable professional certificate covering a science, technology, engineering or mathematics (STEM) subject in grades 6 though 12 may be issued to an applicant who meets the following eligibility requirements:

1. Completes the application requirements as specified in Rule 6A-4.0012, F.A.C.;

2. Satisifes the eligibility criteria specified in paragraphs (a) through (h) of Section 1012.56(2), F.S.;

3. Holds a master’s or higher degree in a STEM area from an acceptable institution as defined in Rule 6A-4.003, F.A.C.;

4. Achieves a passing score on the Florida professional education test; and

5. Achieves a “summative evaluation rating” of highly effective on the teacher’s most recent annual performance evaluation assessed by an evaluation system approved pursuant to Rule 6A-5.030, F.A.C. The summative evaluation rating must be based in part on teaching a high school course in the same STEM subject area as the teacher’s advanced degree for which student performance is measured by one of the following:

a. A Florida statewide, standardized assessment;

b. An Advanced Placement (AP) examination;

c. An Advanced International Certificate of Education (AICE) examination; or

d. An International Baccalaureate (IB) examination.

The district shall verify, using the district verification form, “STEM-2016” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07645) (effective December 2016), which is herein incorporated by reference and made part of this rule, that its calculation of the highly effective summative evaluation rating is based in part on the performance of students as measured by one of the above specified statewide, standardized or national assessments for a high school course listed in the publication, “Florida STEM Course List,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-14686) (effective September 2022), which is herein incorporated by reference and made a part of this rule. Both incorporated documents may be obtained without cost from the Bureau of Educator Certification, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(c) Specialized professional certificates for personnel providing student support services, as defined in Section 1012.01(2)(b) and (c), F.S.

1. The eligibility requirements for a professional certificate described in paragraph (5)(a) are modified for the coverage areas set forth below in sub-subparagraphs (c)1.a., b., and c.

a. The requirement to demonstrate mastery of professional preparation and educational competence found in Section 1012.56(2)(i), F.S., (which applies to a classroom teacher or school administrator) does not apply to certificates for education media specialist, school psychologist, school social work and speech language impaired;

b. Per Section 1012.55(5), F.S., the requirement to demonstrate mastery of general knowledge as specified in Section 1012.56(2)(g), F.S., and the requirement to demonstrate subject area knowledge as specified in Section 1012.56(2)(h), F.S., does not apply to a professional certificate for school social work; however, an applicant must satisfy the specialization requirements for school social work set forth in Rule 6A-4.035, F.A.C.

c. Per Section 1012.55(6), F.S., the requirement to demonstrate mastery of general knowledge as specified in Section 1012.56(2)(g), F.S., and the requirement to demonstrate mastery of professional preparation and education competence as specified in Section 1012.56(2)(i), F.S., does not apply to a professional certificate for school counseling; however, an applicant must satisfy the specialization requirements for school counseling set forth in Rule 6A-4.0181, F.A.C.

2. Subject area coverages and endorsements as defined in Rule 6A-4.002(1)(d) and (e), F.A.C., may not be added to specialized professional certificates.

(d) The standard professional certificate may be renewed or extended based on provisions specified in Rule 6A-4.0051, F.A.C.

(6) Nonrenewable certificates covering speech-language impaired.

(a) A nonrenewable temporary certificate valid for two (2) school fiscal years shall be issued one (1) time to an applicant who meets the following requirements:

1. Completes the application requirements as specified in Rule 6A-4.0012, F.A.C.;

2. Obtains full-time employment as specified in subparagraph (1)(a)2. of this rule;

3. Submits fingerprint reports as specified in subparagraph (1)(a)3. of this rule; and

4. Holds a bachelor’s degree in speech-language impairment from an accredited or approved institution as specified in Rule 6A-4.003, F.A.C.

(b) A nonrenewable professional certificate valid for five (5) school fiscal years shall be issued one (1) time to an applicant who meets the following requirements:

1. Meets requirements for a temporary certificate covering speech-language impaired as specified in paragraph (4)(a) of this rule;

2. Demonstrates mastery of general knowledge by one of the options specified in paragraph (1)(b) of this rule;

3. Demonstrates mastery of professional preparation and education competence by one of the options specified in Section 1012.56(6), F.S.; and

4. Submits verification of acceptance and enrollment into a graduate degree program in speech-language impaired at an accredited or approved institution as prescribed in Rule 6A-4.003, F.A.C. Verification of admission to the program shall be an official transcript or a letter from an official of the college or university.

(7) Certificates covering only athletic coaching (Grades K-12).

(a) A certificate valid for three (3) school fiscal years reflecting only athletic coaching may be issued to an applicant who does not meet the requirements specified in paragraph (5)(b) of this rule. The certificate may be issued one (1) time to an applicant who meets the following requirements:

1. Completes the application requirements as specified in Rule 6A-4.0012, F.A.C.; and

2. Submits fingerprint reports as specified in subparagraph (1)(a)3. of this rule.

(b) A certificate valid for five (5) school fiscal years reflecting only athletic coaching may be issued to an applicant who meets the following requirements:

1. Completes the application requirements as specified in Rule 6A-4.0012, F.A.C.;

2. Satisfies specialization requirements as specified in subsections 6A-4.0282(2) and (3), F.A.C.; and

3. Submits fingerprint reports as specified in subparagraph (1)(a)3. of this rule.

(c) An applicant who does not meet requirements in either paragraph (5)(a) or paragraph (5)(b) of this rule, for a certificate covering only athletic coaching will be issued an official letter, valid for one (1) year after receipt of the completed application, advising the applicant of any requirements that must be completed to qualify for a certificate covering only athletic coaching.

(8) Special temporary certificate covering only educational leadership.

(a) A special temporary certificate valid for three (3) school fiscal years reflecting educational leadership may be issued to an applicant who meets the following requirements:

1. Completes the application requirements as specified in Rule 6A-4.0012, F.A.C.;

2. Submits official documentation of a bachelor’s degree granted from an accredited or approved institution as specified in Rule 6A-4.003, F.A.C.;

3. Submits verification approved by the school district superintendent, chief administrative officer, or authorized designee that the applicant:

a. Has at least three (3) years of successful employment experience in a full-time executive management or leadership position; or

b. Was honorably discharged or retired from the United States Armed Forces with at least three (3) years served as a commissioned officer, as a warrant officer, or as a noncommissioned officer at the following rank or higher: Army sergeant, Air Force staff sergeant, Marine corporal or Navy petty officer,

4. Earns a passing score on the Florida Educational Leadership Examination (FELE), as specified in Rule 6A-4.00821, F.A.C., administered on or after January 1, 2014;

5. Obtains full-time employment as specified in subparagraph (1)(a)2. of this rule; and

6. Submits fingerprint reports as specified in subparagraph (1)(a)3. of this rule.

(b) A person operating under a special temporary certificate covering educational leadership must be under the mentorship of a school administrator with Florida certification in an administrative class coverage as specified in Rule 6A-4.008, 6A-4.0082, 6A-4.0083, 6A-4.0085, or 6A-4.044, F.A.C. A request for issuance of the special temporary certificate covering educational leadership shall be submitted to the Department on which the employer must attest to provide a state-certified school administrator, designated as the applicant’s mentor during the term of the special temporary certificate.

(c) An applicant who holds a special temporary certificate covering only educational leadership, or held the same which has expired, may be issued a professional certificate provided all requirements for the professional certificate in effect at the time the application is filed have been completed, as specified in subsection (3) of this rule, which includes satisfying the specialization requirements for Educational Leadership as specified in Rule 6A-4.0082, F.A.C. An applicant issued the temporary certificate based on verified service as a military officer as specified in sub-subparagraph (6)(a)3.b. of this rule, shall be issued a professional certificate covering school principal upon submission of verification approved by the school district superintendent that the applicant successfully completed the district school principal certification program approved pursuant to Rule 6A-5.081, F.A.C.

(9) Restricted classical education teaching certificate.

(a) A restricted classical education teaching certificate is a renewable type of certificate valid for five (5) school years issued by the Department of Education to an applicant who meets the following eligibility requirements:

1. Satisfies all eligibility criteria specified in Section 1012.56(2)(a)-(f) and (11), F.S.;

2. Completes the application requirements as specified in Rule 6A-4.0012, F.A.C.; and

3. Submits fingerprint reports as specified in subparagraph (1)(a)3. of this rule.

(b) A restricted classical education teaching certificate is only valid at a classical school as defined in Section 1012.55(5), F.S.

(c) A restricted classical education teaching certificate does not cover the following certification subjects or endorsements: Exceptional Student Education (ESE), English for Speakers of Other Languages (ESOL), or Athletic Coaching.

(d) A restricted classical education teaching certificate may only be submitted by a school that demonstrates:

1. The school is constituted, practices, and provides professional learning to its educational staff in a classical school model that emphasizes the development of students in the principles of moral character and civic virtue through a well-rounded education in the liberal arts and sciences that is based on the classical trivium stages of grammar, logic, and rhetoric; and

2. The school intends to hire or has hired the applicant for a position at the classical school.

(e) The school submits to the Department’s Bureau of Educator Certification the Form entitled “Request For Classical Professional Certificate Issuance,” Form No. CT-110C, requesting issuance of a classical certificate. The form, effective August 2024 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16831), is incorporated by reference. The form must be submitted to ClassicalCertification@fldoe.org.

(10) Addition of subjects to a professional certificate. A subject may be added to a valid renewable professional certificate when an applicant meets the following requirements:

(a) Completes application requirements as specified in Rule 6A-4.0012, F.A.C.; and

(b) Demonstrates mastery of the subject matter as specified in Section 1012.56(5), F.S., for each subject to be added to a professional certificate.

(11) Addition of endorsements. An endorsement may be added to a valid five-year nonrenewable temporary or renewable professional certificate when an applicant meets the following requirements:

(a) Completes the application requirements as specified in Rule 6A-4.0012, F.A.C.; and

(b) Satisfies the specialization requirements specified in the rules of the Florida State Board of Education for each endorsement to be added to the certificate.

(12) Expired certificates.

(a) Certificates which have expired are invalid.

(b) An applicant who held a professional certificate which has expired may secure another professional certificate provided all requirements for the professional certificate in effect at the time the application is filed have been completed. Completion of requirements for issuance of a professional certificate which has expired shall not be considered as satisfaction of requirements for subsequent professional certificates.

(c) An applicant who does not qualify for the professional certificate may be issued a temporary certificate as specified in subsection (1) of this rule.

(d) An applicant whose professional certificate has expired may reinstate the professional certificate if requirements are completed as specified in subsection 6A-4.0051(7), F.A.C.

(13) Inactive certificates.

(a) Certificates as defined in Rule 6A-4.0012(1)(g), F.A.C., may be placed in an inactive status by certificateholder request upon application to the Department per Rule 6A-4.0012, F.A.C.

(b) In order to be granted inactive status the educator:

1. Must hold an active temporary or an active professional certificate; and

2. Must apply for inactive status at least six (6) months before the expiration of the active valid certificate.

(c) An individual whose certificate has been inactivated is required to adhere to the ethical principles as outlined in Rule 6A-10.081, F.A.C., Principles of Professional Conduct for the Education Profession in Florida, regardless of the inactivation of a certificate.

(d) Inactivation of a certificate does not exempt a certificate holder from completing the requirements found on the temporary certificateholder’s statement of status of eligibility or the professional certificateholder’s professional learning requirements set forth in Section 1012.56, F.S.

(e) A certificate that has been inactive may be reactivated upon application to the Department per Rule 6A-4.0012(1)(h), F.A.C. Professional learning requirements must be met as a condition of reactivation if a certificate has been inactive for more than one (1) calendar year.

1. Upon reactivation, the certificate will be activated from July 1 to June 30 of the year in which the reactivation is granted.

2. Upon reactivation of a certificate that was inactive longer than five (5) years, all current educator certification requirements must be met in order to reactivate the temporary or professional certificate.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.555, 1012.56 FS. Law Implemented 1012.55, 1012.555, 1012.56 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 4-11-69, 4-11-70, 9-17-72, 8-17-74, Repromulgated 12-5-74, Amended 11-9-76, 7-1-79, 8-27-80, 1-3-82, 4-26-84, 11-18-84, 6-18-85, Formerly 6A-4.04, Amended 12-25-86, 10-18-88, 9-12-89, 12-4-89, 4-15-91, 10-10-91, 5-3-94, 10-15-01, 12-27-04, 11-26-08, 3-5-14, 12-20-16, 8-21-18, 3-17-20, 9-20-22, 6-27-23, 9-26-23, 11-21-23, 8-27-24, 12-21-25, 8-25-26.

Fla. Admin. Code R. 6A-4.0047 Raymond B. Stewart Career Achievement Program

History

• Rulemaking Authority 229.053(1), 231.5335(8) FS. Law Implemented 231.5335 FS. History–New 4-30-87, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.005 Extension of a Professional Certificate Prior to July 1, 1988

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 231.24 FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.011, 229.041, 229.053(1), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 231.02, 231.24, 231.613(5), 236.0811 FS. History–New 4-20-64, Amended 3-26-66, 4-8-68, 7-7-68, 4-11-69, 9-17-73, 12-5-74, 6-22-76, 7-1-79, 10-15-84, 4-24-85, Formerly 6A-4.05, Amended 12-25-86, Repealed 10-18-88.

Fla. Admin. Code R. 6A-4.0051 Renewal and Reinstatement of a Professional Certificate

A professional certificate is renewed or reinstated and certification coverages retained on the certificate in accordance with the following provisions:

(1) Professional certificate. A professional certificate may be renewed for the individual who meets the requirements specified below:

(a) Completes six (6) semester hours of college credit or the equivalent as described below or an amount as specified in subsection (2) of this rule for retention of certificate coverages:

1. College credit. College credit earned at an accredited or approved institution or community or junior college as specified in Rule 6A-4.003, F.A.C., may be used to renew the professional certificate.

2. Inservice training. Inservice points earned through inservice education activities which were part of a District Professional Learning Catalog developed and approved by a Florida school district in accordance with Rule 6A-5.071, F.A.C., may be used to renew the professional certificate. Twenty (20) inservice points shall be equal to one (1) semester hour of college credit. The inservice training shall be verified by the Florida district school superintendent or chairperson of the governing board and shall include the number of inservice points earned in each area of certification.

(b) Subject area tests. A passing score on a subject area test in the certification area shown on the certificate may be used to renew the coverage on the professional certificate. A subject area test shall be approved by the Florida State Board of Education and shall be in a certification area shown on the certificate. One (1) test shall be equal to three (3) semester hours of college credit. Official documentation of a passing score on each subject area test used for renewal of the certificate shall be submitted electronically from the test administration agency beginning July 1, 2002, to the Bureau of Educator Certification, Florida Department of Education or shall be the original score report issued by the test administration agency for scores earned prior to July 1, 2002.

(c) National board certification. A certificate issued by the National Board for Professional Teaching Standards is deemed to meet state renewal requirements for the life of the educator’s national certificate in the subject shown on the national certificate. Official documentation shall be a photocopy of the national certificate.

(2) Retention of certification coverages. When renewing a professional certificate, certification coverages shall be retained on a professional certificate in accordance with the following:

(a) To retain one (1) certification coverage on a professional certificate, at least three (3) semester hours of college credit or the equivalent shall be completed in the specialization area or an appropriate category in accordance with Section 1012.585(3)(a), F.S. Three (3) additional semester hours or sixty (60) additional inservice points may be completed in any area.

(b) To retain two (2) coverages on a professional certificate, at least three (3) semester hours of college credit or the equivalent shall be completed for each subject in the specialization area or an appropriate category in accordance with Section 1012.585(3)(a), F.S. When requirements have not been satisfied for the retention of a certification coverage on the certificate, the coverage shall be deleted from the certificate when the certificate is renewed.

(c) To retain more than two (2) certification coverages on a professional certificate, the applicant shall be permitted two (2) successive validity periods for renewal of all specialization areas, but must earn no fewer than six (6) semester hours or the equivalent in any one (1) validity period. A coverage shall not continue to be retained on a certificate unless three (3) semester hours or the equivalent is completed in the specialization area or an appropriate category in accordance with Section 1012.585(3)(a), F.S., during one (1) of two (2) successive validity periods. When requirements specified herein have not been satisfied for the retention of a certification coverage or coverages on a certificate, the coverage or coverages shall be deleted from the certificate when the certificate is renewed.

(3) General requirements.

(a) All requirements necessary for the renewal of a certificate shall be completed during the last validity period of the certificate to be renewed and prior to the expiration date of the certificate. College credits, inservice training and subject area tests used to satisfy requirements for issuance of the initial professional certificate shall not be used for renewal of the professional certificate.

(b) Inservice training in mandatory topics not linked to student learning or professional growth per Rule 6A-5.071, F.A.C., may only earn an educator credit once during each five-year validity period.

(c) Application and appropriate fee as specified in Rule 6A-4.0012, F.A.C., for renewal of a certificate shall be submitted to the Bureau of Educator Certification, Florida Department of Education or the employing Florida school district, during the last year of the validity period of the certificate and prior to the expiration date of the certificate. However, if the renewal application form is not received by the Bureau of Educator Certification or the employing Florida school district, before the expiration of the professional certificate, the application form, application fee, and a thirty ($30.00) dollar late fee shall be submitted prior to July 1 of the year following expiration of the certificate in order to retain the professional certificate.

(d) The validity period of the renewed certificate shall be for a period not to exceed five (5) years from July 1 of the school fiscal year following the date that the application was received in the Bureau of Educator Certification, Florida Department of Education or the employing Florida school district. However, if the renewal application is received by the Bureau of Educator Certification or the employing Florida school district after expiration of the professional certificate as specified in paragraph (3)(b) of this rule, the validity period of the renewed certificate shall be for a period not to exceed five (5) years from July 1 following the expiration of the last professional certificate.

(e) A grade of at least “C” or the equivalent shall be earned in each course used for the renewal of a certificate. A grade of pass shall be acceptable under the pass or fail grading system.

(f) A certification coverage which has been deleted from a professional certificate shall be added to the certificate when requirements specified in subsection 6A-4.004(6), F.A.C., have been completed.

(g) A one (1) year extension of the validity period of a professional certificate shall be granted by the Florida Department of Education in the event of serious illness, injury, or other extraordinary extenuating circumstances beyond the control of the applicant. The extension shall be granted only upon written request of the applicant or the superintendent of the local school district or of the chief administrative officer of a state supported or nonpublic school. The written request shall explain the extenuating circumstances. In case of illness or injury, a physician’s written verification shall be submitted.

(4) Special provisions for military service. An individual who holds a valid professional certificate and who is called into or volunteers for actual wartime military service or required peacetime military service may renew the professional certificate and retain all certification coverages shown on the certificate for the period of time equal to the time spent in military service. To qualify for the renewal of the certificate, the individual shall complete the application requirements as specified in Rule 6A-4.0012, F.A.C., and submit a notarized copy of the military separation papers.

(5) Special provisions for teachers of limited English proficient students, teachers of students with disabilities and teachers of reading.

(a) An educator who holds a professional certificate may use college credits or inservice points completed in English-for-Speakers-of-Other-Languages training, training in the instruction of students with disabilities, and the teaching of reading in excess of six (6) semester hours during one certificate-validity period toward renewal of the professional certificate during the subsequent validity periods.

(b) An educator who holds a temporary certificate may use college credits or inservice points completed in English-for-Speakers-of-Other-Languages training, training in the instruction of students with disabilities, and the teaching of reading toward renewal of the educator’s first professional certificate. Such training must not have been included within the degree program, and the educator’s temporary and professional certificates must be issued for consecutive school years.

(c) These provisions supersede the requirements in paragraph (3)(a) of this rule for the individuals noted in paragraphs (5)(a) and (b) of this rule.

(6) Special provisions for training in the instruction of students with disabilities.

(a) As a component of the credit requirements specified under paragraph (1)(a) of this rule, an educator whose application for renewal is received on or after July 1, 2014, must have earned at least one (1) college credit, twenty (20) inservice points, or a combination thereof, in the instruction of students with disabilities during the last validity period of the certificate to be renewed and prior to the expiration date of the certificate.

(b) As specified in paragraph (1)(b) of this rule, a passing score earned on a subject area test during the validity period of the professional certificate to be renewed on the Exceptional Student Education (Grades K-12), Hearing Impaired (Grades K-12), Visually Impaired (Grades K-12), or Speech-Language Impaired (Grades K-12) subject area exam may be used to satisfy the requirement for credit in the instruction of students with disabilities when certification coverage for the instruction of students with disabilities is shown on the professional certificate.

(c) An educator may earn acceptable credit for training in any certification subject area related to the instruction of students with disabilities, including, but not limited to, hearing impaired, speech-language impaired, and visually impaired, to satisfy the requirement for credit in the instruction of student with disabilities. Acceptable credit in the instruction of students with disabilities may be applied to retain any specialization area on the professional certificate to be renewed.

(d) In accordance with paragraph (1)(c) of this rule, national board certification in an Exceptional Needs Specialist subject area satisfies the requirement for the instruction of students with disabilities.

(7) Special provisions for training in the instruction of reading for grades K-6.

(a) As a component of the credit requirements specified under paragraph (1)(a) of this rule, an educator whose application for renewal of a certificate with a beginning validity date of July 1, 2020, or thereafter, as specified in this rule, must have earned at least two (2) college credits, forty (40) inservice points, or a combination thereof, in evidence-based instruction and interventions grounded in the science of reading per Rule 6A-6.053, F.A.C., specifically designed for students with characteristics of dyslexia, including the use of explicit, systematic, and sequential approaches to reading instruction, developing phonological and phonemic awareness, decoding, and implementing multisensory intervention strategies if the educator is renewing any of the following coverages: Elementary Education (K-6), Prekindergarten/Primary Education (age 3 through grade 3), Elementary Education (grades 1-6), Primary Education (grades K-3), English (grades 1-6), Middle Grades English (grades 5-9), Middle Grades Integrated Curriculum (grades 5-9), English (6-12), Exceptional Student Education (grades K-12) (renewal beginning with a validity date of July 1, 2025), Reading (K-12), Reading (Endorsement), and English for Speakers of Other Languages (ESOL) (grades K-12).

(b) An educator may use earned credit for both the purposes of paragraphs (6)(a) and (7)(a) of this rule.

(c) An educator may use credit earned during the five (5) years immediately preceding the current validity period that meets the requirements of paragraph (7)(a) of this rule, if the credit was not already used for a prior renewal period.

(8) Special provisions for educational leadership renewal of a professional certificate. As a component of the credit requirements specified under paragraph (1)(a) of this rule, an educator whose application for renewal of a professional certificate in educational leadership under Rule 6A-4.0082, F.A.C., or school principal under Rule 6A-4.0083, F.A.C., with a beginning validity date of July 1, 2025, or later must have earned at least one (1) college credit or twenty (20) inservice points in Florida’s educational leadership standards found in Rule 6A-5.080, F.A.C.

(9) Reinstatement of a professional certificate. The Department may reinstate an expired professional certificate if the certificate holder:

(a) Completes the application requirements as specified in Rule 6A-4.0012, F.A.C.;

(b) Satisfies the fingerprint requirement as specified in subparagraph 6A-4.004(1)(a)3., F.A.C.;

(c) Documents completion of six (6) semester hours of college credit during the five (5) years immediately preceding reinstatement of the expired certificate, completion of one hundred twenty (120) inservice points, or a combination thereof, as specified in paragraph (1)(a) of this rule;

(d) During the five (5) years immediately preceding reinstatement of the certificate, achieves a passing score on the subject area examination for each subject to be shown on the reinstated certificate. Only subjects currently issued by the Department may be shown on a reinstated certificate; and,

(e) An educator whose application for reinstatement is received on or after July 1, 2014, must have earned at least one (1) college credit or the equivalent inservice points in the instruction of students with disabilities during the five (5) years immediately preceding reinstatement of the expired certificate.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.585 FS. Law Implemented 1012.55, 1012.585 FS. History–New 12-25-86, Amended 4-23-91, 2-12-92, 10-15-01, 12-27-04, 2-25-14, 12-31-14, 12-22-19, 3-15-22, 9-26-23.

Fla. Admin. Code R. 6A-4.006 General and Professional Preparation

(1) General preparation. A bachelor’s or higher degree from an accredited or approved institution as described in Rule 6A-4.003, F.A.C., shall be considered to have met the general preparation course requirements.

(2) Professional preparation.

(a) For applications received beginning January 1, 2016, professional preparation courses pursuant to Section 1012.56(6)(f), F.S., are a minimum of fifteen (15) semester hours with credit in the following professional education areas:

1. Classroom management with a focus on creating safe learning environments in which effective teaching and learning can take place by promoting a physically, emotionally, socially and academically secure climate for students;

2. Child and adolescent development including theories and principles of learning;

3. Educational assessment practices that include analysis and application of data from statewide standardized assessments and other multiple sources to improve instruction and learning;

4. Effective instructional techniques, strategies, and materials to meet the needs of diverse learners, including students with disabilities;

5. For certificate subject coverages classified by rule as academic or degreed career and technical, applications of research-based instructional practices in reading; and,

6. Instructional strategies for teaching students of limited English proficiency including instruction in the English language and development of the student’s mastery of the four language skills of listening, speaking, reading and writing.

(b) Practical experience in teaching. Practical experience in teaching may be satisfied by one of the following methods:

1. One year of full-time teaching experience in an elementary or secondary school as specified in Rule 6A-4.002, F.A.C.; or

2. Six semester hours earned in a college student teaching or supervised internship in which the candidate demonstrates his or her ability to positively impact student learning growth with a diverse population of students completed in an elementary or secondary school.

(c) The requirements of paragraph (2)(a) of this rule, are not applicable and shall not be required for school social worker or speech-language impaired certification.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1012.55, 1012.56 FS. History-New 4-20-64, Amended 4-8-68, 7-7-68, 4-11-69, 6-17-73, Repromulgated 12-5-74, Amended 10-12-76, 7-1-79, 11-5-84, Formerly 6A-4.06, Amended 9-12-89, 5-30-94, 7-17-00, 10-15-01, 7-27-06, Joint Administrative Procedures Committee objection resolved by Chapter 86-156, Laws of Florida, Florida Administrative Register Vol. 35, No. 27, July 10, 2009, Amended 12-31-14, 6-23-16.

Fla. Admin. Code R. 6A-4.007 Specialization Requirements

History

• Rulemaking Authority 229.053(1), 231.24 FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.041, 228.041(9), 229.011, 229.053(1), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 230.2311(4)(l), (5), 230.2312(5), 230.2313, 230.2315, 230.2319(5), 231.02, 231.29(1), 231.36(1), 231.47, 231.471, 231.533(1)(a), (b)1., 231.546(1)(a), (e), 231.600, 233.063, 233.068, 233.0681, 233.07, 236.012, 236.0711, 236.081(1)(c), 236.091 FS. History–New 4-20-64, Amended 3-25-66, 9-17-71, 8-17-74, 12-5-74, 7-1-79, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.07, Repealed 10-18-88.

Fla. Admin. Code R. 6A-4.008 Specialization Requirements for Certification in Administration of Adult Education – Administrative Class

To be eligible for certification in administration of adult education, an applicant shall complete the requirements specified below:

(1) Hold a professional certificate covering elementary or secondary administration, educational leadership, school principal, or career and technical director as specified in Rule 6A-4.004, F.A.C.;

(2) Submit verification of three (3) years of full-time teaching experience as specified in paragraph 6A-4.002(5)(a), F.A.C.; and,

(3) Complete one (1) of the following plans:

(a) Plan One. Hold a master’s or higher degree with a graduate degree major in administration of adult education; or

(b) Plan Two. Hold a master’s or higher degree with a graduate degree major in educational administration, administration and supervision, or educational leadership, and complete at least six (6) semester hours of graduate credit as specified below:

1. Three (3) semester hours in organization and administration of adult education; and,

2. Three (3) semester hours in principles of adult education, adult education curriculum, supervision of adult education, or methods and materials in adult instruction; or

(c) Plan Three. Hold a master’s or higher degree and complete graduate credit as specified below:

1. Nine (9) semester hours in school administration which includes at least three (3) semester hours in organization and administration of adult education;

2. Three (3) semester hours in basic school supervision or supervision of adult education; and,

3. Six (6) semester hours in curriculum which includes at least three (3) semester hours in adult education curriculum.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 4-11-70, 6-17-74, 8-17-74, Repromulgated 12-5-74, Amended 7-1-79, Formerly 6A-4.08, Amended 10-31-88, 2-20-17.

Fla. Admin. Code R. 6A-4.0081 Florida School Leaders Certification

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 7-1-86, Formerly 6A-4.081, Amended 7-1-86, 10-31-88, 7-1-07, Repealed 2-20-17.

Fla. Admin. Code R. 6A-4.0082 Specialization Requirements for Certification in Educational Leadership – Administrative Class

(1) A master’s or higher degree awarded by an acceptable institution as defined in Rule 6A-4.003, F.A.C.

(2) Successful completion of the Florida Educational Leadership Core Curriculum.

(a) The Educational Leadership core curriculum consists of the following educational leadership standard areas pursuant to Rule 6A-5.080, F.A.C.:

1. Professional and ethical norms;

2. Vision and mission;

3. School operations, management, and safety;

4. Student learning and continuous school improvement;

5. Learning environment;

6. Recruitment and professional learning;

7. Building leadership expertise; and;

8. Meaningful parent, family, and community engagement.

(b) Documentation of successful completion of the Florida Educational Leadership Core Curriculum shall be by one (1) of the following plans:

1. Successful completion of a Department of Education approved Florida preservice program in educational leadership offered by an acceptable institution as defined in subsection 6A-4.003(1), F.A.C. A newly-created state institution that meets approval requirements described in Rule 6A-4.003, F.A.C., shall be considered as having met the accreditation requirement.

2. A graduate degree major in educational administration, administration and supervision or educational leadership awarded by an acceptable institution as defined in Rule 6A-4.003, F.A.C.

3. A graduate degree with a major in a subject other than educational administration, administration and supervision or educational leadership, and successful completion of a Department of Education approved modified Florida program in educational leadership offered by an acceptable institution as defined in subsection 6A-4.003(1), F.A.C. A newly-created state institution that meets approval requirements described in Rule 6A-4.003, F.A.C., shall be considered as having met the accreditation requirement.

4. A graduate degree with a major in a subject other than educational administration, administration and supervision, or educational leadership awarded by an acceptable institution as defined in Rule 6A-4.003, F.A.C., and thirty (30) semester hours of graduate credit which includes credit in each of the educational leadership standard areas specified in paragraph (2)(a) of this rule and an internship or a course with associated field experience in educational leadership.

5. Successful completion of a Level I educational leadership program approved by the Department of Education and offered by a Florida public school district, charter school, or charter management organization per Rule 6A-5.081, F.A.C.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 7-1-86, Formerly 6A-4.082, Amended 10-31-88, 9-12-89, 7-17-00, 7-1-07, 2-20-24.

Fla. Admin. Code R. 6A-4.00821 Florida Educational Leadership Examination

(1) Scope. This rule governs the written examination for certification in Educational Leadership. Additional requirements for certification in Educational Leadership are specified in Rule 6A-4.0082, F.A.C.

(2) Description of the examination and competencies to be demonstrated.

(a) The Florida Educational Leadership Examination shall be developed by the Commissioner of Education.

(b) Before January 1, 2014, the written examination shall contain multiple-choice questions and a performance assessment associated with the Florida Principal Leadership Standards specified in Rule 6A-5.080, F.A.C., effective May 24, 2005, in the areas of:

1. Instructional Leadership;

2. Operational Leadership; and,

3. School Leadership.

(c) Between January 1, 2014, and February 29, 2024, the written examination shall contain multiple-choice questions and a performance assessment associated with the Florida Principal Leadership Standards specified in Rule 6A-5.080, F.A.C., effective December 20, 2011, in the areas of:

1. Leadership for Student Learning;

2. Organizational Development; and,

3. Systems Leadership.

(d) Beginning March 1, 2024, the written examination shall contain multiple-choice questions and performance assessments associated with the Florida Educational Leadership Standards specified in Rule 6A-5.080, F.A.C., effective November 22, 2022, in the areas of:

1. Foundational Policies and Practices of School Leadership;

2. Leadership Practices for Student Learning;

3. Leadership Development; and,

4. Leadership Communication.

(e) Before January 1, 2014, the competencies to be demonstrated by means of a written examination are contained in the publication “Competencies and Skills Required for Certification in Educational Leadership in Florida, Third Edition 2008,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-01709), which is hereby incorporated by reference and made a part of this rule. Copies of this publication may be obtained by contacting the Division of Accountability, Research and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(f) Between January 1, 2014, and February 29, 2024, the competencies to be demonstrated by means of a written examination are contained in the publication “Competencies and Skills Required for Certification in Education Leadership in Florida, Fourth Edition 2012,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-01708), which is hereby incorporated by reference and made a part of this rule. Copies of this publication may be obtained by contacting the Division of Accountability, Research and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(g) Beginning March 1, 2024, the competencies to be demonstrated by means of a written examination are contained in the publication “Competencies and Skills Required for Certification in Education Leadership in Florida, Fifth Edition 2024,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-16359), which is hereby incorporated by reference and made a part of this rule. Copies of this publication may be obtained by contacting the Division of Accountability, Research and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(3) Administration of the examination.

(a) The examination shall be administered by a test administration agency or agencies under contract with the Florida Department of Education.

(b) The examination shall be administered at least two (2) times each year.

(c) The examination shall be administered at sites designated by the Commissioner of Education.

(d) An examinee may retake a failed examination provided at least thirty (30) calendar days have elapsed since the previous administration of the failed examination.

(e) An examinee may not retake a passed examination, subtest, or section unless:

1. At least three (3) years have elapsed since the previous administration of the passed examination, subtest, or section;

2. The State Board of Education has adopted new competencies and skills for the field; or

3. The examinee has applied for reinstatement of an expired professional certification, pursuant to subsection 6A-4.0051(8), FAC.

(4) Registration and refunds.

(a) Registration for the examination shall be for the initial examination or for one (1) or more subtests not previously passed. To register to take the examination, an applicant shall submit a completed application to the test administration agency. A completed application shall consist of the following:

1. A completed application Form CG-20-04, Registration Application: Certification Examinations for Florida Educators, which includes the applicant’s signature. Form CG-20-04 is hereby incorporated by reference and made a part of this rule to become effective September 1, 2009. This form may be obtained without cost from the Office of Assessment, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399 or online via the Florida Educational Leadership Examination Program website at https://www.fldoe.org/accountability/assessments/postsecondary-assessment/fele/.

2. Before January 1, 2015, a two hundred fifteen (215) dollar fee for first-time registration or a two hundred twenty-five (225) dollar fee for each retake registration.

3. Between January 1, 2015, and November 22, 2023 registration fees for the Florida Educational Leadership Examination shall be as follows:

First-Time Registration

$215.00

Retake: Subtest 3 Single Section Registration

$150.00

Retake All Other Combination Registrations

$225.00

4. Beginning November 23, 2023, registration fees for the Florida Educational Leadership Examination shall be as follows:

First-Time Registration: All Subtests (Full Battery)

$215.00

Retake: Single Subtest Registration

$53.75

Retake: Two Subtests Registration

$107.50

Retake: Three Subtests Registration

$161.25

Retake: Full Battery Registration

$215.00

(b) Refunds. Fees may be refunded provided written requests for refunds are received by the test administration agency at least twenty-four (24) hours preceding the examination date. Failure to appear for or to complete an examination shall result in forfeiture of fees.

(5) Admission. The test administration agency shall provide each applicant with electronic communication specifying the examination site, date, and time. This communication will also stipulate identification required for entrance into the examination site. An applicant who arrives after the examination has begun shall not be admitted until the start of the next subtest of the examination.

(6) Examinee with a disability. An applicant who is unable to complete the examination under standard testing conditions because of a disability may request special arrangements. Such a request shall be made when the examination application is submitted. Lack of proficiency in the English language alone shall not be acceptable as a justifiable reason for requesting a reader or extra time for an examinee. Special arrangements shall be provided for applicants with disabilities.

(a) Persons requesting special arrangements must be certified as having a disability by a licensed psychologist or physician. Such documentation shall have been completed within the previous three (3) years and must be received on official letterhead stationery. In the absence of such certification, the applicant may submit documentation of accommodations provided for a disability during the applicant’s baccalaureate or graduate degree program. Any documentation submitted must describe the disability and the accommodations made necessary by the disability.

(b) Appropriate special arrangements for testing shall be provided, where necessary, to afford an individual with a disability an equal opportunity to participate. In determining the type of special arrangement to be provided, primary consideration shall be given to the requests of the individual with the disability. However, if it can be demonstrated that special arrangements that are equally effective as those requested are available at less cost or are more readily available, the Department may provide the less expensive or more readily available means of special arrangements for testing.

(c) In no case shall the modifications authorized herein be interpreted or construed as an authorization to provide a person with assistance in determining the answer to any examination item.

(d) Nothing in this rule shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under this rule which the individual chooses not to accept.

(e) This rule does not require the Department to provide individuals with disabilities with personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use for study; or services of a personal nature including assistance in eating, toiletry, or dressing.

(f) Test accommodation appeals procedure. An examinee who is denied test accommodations may appeal the denial to the Commissioner of Education. Such appeal may necessitate testing at a later date. The Commissioner of Education shall determine whether the Department appropriately considered the criteria set forth in paragraphs (6)(a) through (e), above.

(7) Scoring of the examination.

(a) Prior to July 1, 1988, a score earned on the Florida Educational Leadership Examination shall be considered a passing score and shall be valid for Educational Leadership certification application for a period of two (2) years from the test administration date.

(b) Beginning July 1, 1988, through December 31, 2008, a passing score for each subtest of the Florida Educational Leadership Examination shall be:

1. School Communications. Examinee scores for the school communications subtest shall be reported as an average scaled score combining the scaled score from the essay test and the scaled score from the multiple-choice questions. The passing score shall be the scaled score equivalent to the combination of the essay total raw score of four (4) and a multiple-choice total raw score of fifteen (15) on the November 1987 administration of the subtest.

2. School Management. Examinee scores for the school management subtest shall be reported as a scaled score. The passing score shall be the scaled score equivalent to a total raw score of sixty-nine (69) on the November 1987, administration of the subtest.

3. School Operations. Examinee scores for the school operations subtest shall be reported as a scaled score. The passing score shall be the scaled score equivalent to a total raw score of ninety-one (91) on the November 1987, administration of the subtest.

(c) The subtest score scales for administrations of the examination from July 1, 1988, through December 31, 2008, shall be equated to the November 1987 subtest administration.

(d) Effective January 1, 2009 through December 31, 2013, a passing score for each subtest of the Florida Education Leadership Examination shall be:

1. Instructional Leadership. Examinee scores for the instructional leadership subtest shall be reported as a scaled score. The passing score shall be a scaled score of two hundred (200).

2. Operational Leadership. Examinee scores for the operational leadership subtest shall be reported as a scaled score. The passing score shall be a scaled score of two hundred (200).

3. School Leadership. Examinee scores for the school leadership subtest shall be reported as a scaled score which is the combination of the written performance assessment and the multiple-choice questions. The written performance assessment shall be weighted thirty (30) percent and the multiple-choice questions shall be weighted seventy (70) percent. The passing score shall be a scaled score of two hundred (200).

4. This scaled score shall be equivalent to the following raw scores on the test forms administered in January 2009:

FELE Subtest 1: Instructional Leadership:

48 correct items

FELE Subtest 2: Operational Leadership:

46 correct items

FELE Subtest 3: School Leadership:

A composite score of at least 44.2286. This composites score shall be a combination of multiple-choice and written performance assessment sections weighted seventy (70) percent and thirty (30) percent, respectively.

(e) Beginning January 1, 2015, the passing score for each subtest of the Florida Education Leadership Examination shall be a scaled score of at least two hundred (200) for multiple-choice subtests and sections. The passing score for the written performance assessment of Subtest 3 shall be a total raw score of at least seven (7). This scaled score shall be equivalent to the following raw scores on the test forms used for standard setting and administered between January and March 2014:

1. FELE Subtest 1: Leadership for Student Learning

48 correct items

2. FELE Subtest 2: Organizational Development

48 correct items

3. FELE Subtest 3: Systems Leadership

36 correct items on the multiple-choice section and a total raw score of at least seven (7) on the written performance assessment.

(8) Written Performance Assessment.

(a) Raters Judges. The test scoring agency shall appoint persons to score the written performance assessment who have prior experience as educational leaders, instructional leaders, or school building administrators.

(b) Chief Raters. The chief raters shall be raters who have prior experience as educational leaders, instructional leaders, or school building administrators and have demonstrated success as raters.

(9) Score reports.

(a) A properly authenticated score report is defined as the original score report issued directly by the test administration agency without any qualification, reservation, or irregularity.

(b) The examinee shall be sent an authenticated score report. In addition, a score report may be issued by the test administration agency without a fee to one (1) Florida college or university and to one (1) Florida school district provided the examinee identifies the recipient or recipients of the score report at the time of registration.

(c) Official documentation of scores earned on each subtest of the examination for an Educational Leadership certificate shall be the original authenticated score report or a duplicate authenticated score report as described in paragraphs 6A-4.00821(9)(a) and (e), F.A.C.

(d) After July 1, 1988, scores shall be reported as Pass or Fail for each subtest. The Commissioner of Education may provide additional score information to the examinee.

(e) An examinee may obtain a duplicate authenticated score report for a test administration by filing a written request and a fee. A fee is required for each score report that is requested. The fee shall be that amount necessary for the test administration agency to perform the service as agreed in the contract between the agency and the Florida Department of Education.

(10) Review.

(a) Requests for Score Verification. An examinee who fails one (1) or more subtests of the examination, including the performance assessment, within ten (10) scale score points of the passing scale score (200) may file a written request with the test administration agency to verify that the subtest(s) were scored accurately. The request shall be filed no later than thirty (30) days after the date the score report was released by the test administration agency. The fee for score verification shall be seventy-five ($75.00) dollars. The test administration agency shall notify the examinee of the results of the request within thirty (30) days of receipt of the request and fee.

(b) Score Verification Sessions. An examinee who fails one (1) or more subtests of the examination within ten (10) scale score points of the passing scale score (200) may review only those incorrect test items and/or performance assessments contained within each subtest of the examination meeting these criteria and bring to the Florida Department of Education’s attention, via the test administration agency, any scoring errors which may result in a scoring change. The procedures for test review are as follows:

1. The examinee shall register for a score verification session within thirty (30) days of the date the score report was released by the test administration agency. At least thirty (30) days shall have elapsed from the administration of the failed examination before an examinee may attend a score verification session.

2. A processing fee is required for each score verification session. The fee shall be the amount necessary for the test administration agency to perform the services agreed in the contract between the agency and the Florida Department of Education.

3. The examinee shall be provided electronic communication that contains the location, date and time for the examinee’s score verification session.

4. During the score verification session, the examinee shall file with the Florida Department of Education via the test administration agency a statement of specific scoring errors which may result in a scoring change.

5. The Florida Department of Education shall review test items, verify examination keys, and consult with field-specific subject matter experts as needed.

6. The Commissioner of Education shall notify the individual of the action on the statement of scoring errors no later than thirty (30) days from receipt of the statement.

7. An examinee may retake a failed subtest that was reviewed provided at least thirty (30) days have elapsed since the date of the review. If an examinee takes any subtest that was reviewed within thirty (30) days of the test date, the subtest will be invalidated.

(11) Military Testing Fee Waivers.

(a) An individual is eligible for a military testing fee waiver from the Department for the first-time testing fees prescribed in paragraphs (4)(a) of this rule, if he or she:

1. Is a member of the U.S. Armed Forces or a reserve component thereof who is serving, or has served, on active duty or is the spouse of such a service member;

2. Is an honorably discharged veteran of the U.S. Armed Forces or an honorably discharged veteran of a reserve component thereof or is the spouse or surviving spouse of such a service member; or

3. Is the surviving spouse of a member of the U.S. Armed Forces or a reserve component thereof who was serving on active duty at the time of death.

(b) To apply for a military testing fee waiver, a request must be submitted via the Department of Education, Educator Certification website at https://web03.fldoe.org/TeacherCertFeeWaiver along with documentation establishing that the applicant meets the requirements for a military testing fee waiver per paragraph (11)(a) of this rule. The following chart lists the required documentation.

BASIS FOR WAIVER OF FEE

DOCUMENTATION REQUIRED

Member of Armed Forces

Military ID card

Spouse of member of Armed Forces

Military dependent ID card (DD Form 1173)

Member of reserves

Military ID card or NGB22 Form or DD 256A Form

Spouse of member of reserves

Military dependent ID card (DD Form 1173) or Military dependent ID card (DD Form 1173-1)

Honorably discharged veteran

Certificate of Release or Discharge from Active Duty (DD Form 214 Member 4)

Spouse or surviving spouse of honorably discharged veteran

DD Form 214 Member 4 of spouse and marriage certificate

Honorably discharged veteran of reserves

DD Form 214 Member 4, NGB22 Form or DD 256A Form

Spouse of honorably discharged veteran of reserves

DD Form 214 Member 4, NGB22 Form or DD 256A Form of spouse and marriage certificate

Surviving spouse of member of armed forces on active duty at time of death

Official documentation from Department of Defense

Surviving spouse of member of reserves at time of death

Official documentation from Department of Defense

(c) Additional documentation. Where the required documentation submitted does not establish eligibility, due to a name change or other circumstance, the applicant will be notified by the Department within ninety (90) days and afforded the opportunity to submit additional documentation to verify eligibility.

(d) All documents submitted to verify eligibility for military testing fee waivers will be retained in the certification record maintained by the Department and will not be returned to the applicant. Approval for military testing fee waivers remain valid for five (5) years from the date issued unless a document submitted indicates an earlier expiration date or end date of its validity and in that case, validity of the military testing fee waiver expires when the verifying document expires. In no case shall a person use or attempt to use a military testing fee waiver if the person does not meet the eligibility criteria set forth in Section 1012.59(3), F.S.

(e) Fees for retake examinations under subsection (4) of this rule may not be waived. Subsequent registration for any examination under subsection (4) of this rule taken before July 1, 2018, will be considered a retake and not eligible for a fee waiver under this section.

(12) Retired First Responder Testing Fee Waivers.

(a) An individual is eligible for a retired first responder testing fee waiver from the department for the first-time testing fees prescribed in paragraph (4)(a) of this rule if he or she:

1. Is a retired law enforcement officer as defined in Section 943.10(1), F.S.;

2. Is a retired firefighter as defined in Section 633.102(9), F.S.; or

3. Is a retired emergency medical technician or paramedic as defined in Section 401.23, F.S.

(b) To apply for a retired first responder testing fee waiver, a request must be submitted via the Department of Education, Educator Certification website at https://web03.fldoe.org/TeacherCertFeeWaiver along with documentation establishing that the applicant meets the requirements for a retired first responder testing fee waiver per paragraph (12)(a) of this rule.

(c) Where the required documentation submitted does not establish eligibility, due to a name change or other circumstance, the applicant will be notified by the Department within ninety (90) days and afforded the opportunity to submit additional documentation to verify eligibility.

(d) All documents submitted to verify eligibility for retired first responder testing fee waivers will be retained in the certification record maintained by the Department and will not be returned to the applicant. Approval for retired first responder testing fee waivers remain valid for five (5) years from the date issued unless a document used to verify eligibility indicates an earlier expiration date or end date of its validity and in that case, validity of the testing fee waiver expires when the verifying document expires. In no case, shall a person use or attempt to use a retired first responder testing fee waiver if the person does not meet the eligibility criteria set forth in Section 1012.59(3), F.S., and this rule.

History

• Rulemaking Authority 1012.56, 1012.59 FS. Law Implemented 1012.56, 1012.59 FS. History–New 12-25-86, Amended 1-11-89, 5-19-98, 10-6-99, 7-17-00, 7-16-01, 3-24-02, 10-17-02, 3-24-03, 7-21-03, 6-22-04, 5-19-08, 7-21-08, 9-6-09, 12-16-12, 12-3-13, 12-23-14, 6-19-18, 11-28-18, 11-23-22, 11-21-23, 2-20-24.

Fla. Admin. Code R. 6A-4.0083 School Principal – Administrative Class

To be eligible to receive certification as a school principal, an individual shall satisfy each of the following requirements:

(1) Hold a valid professional certificate covering educational leadership, administration, or administration and supervision.

(2) Document successful performance of the duties of the school principalship. These duties shall be performed in a Department of Education approved Level II school principal program pursuant to Rule 6A-5.081, F.A.C., designed and implemented consistent with the principal leadership standards approved by the State Board of Education pursuant to Rule 6A-5.080, F.A.C. In addition, these duties shall:

(a) Be performed as a full-time employee in a Florida public school in a leadership position through which the candidate can fully demonstrate the school principal descriptors of the Florida Educational Leadership Standards.

(b) Be executed while participating in a formally planned professional learning program designed and implemented to prepare the individual to effectively perform as a school principal.

(c) Be comprehensive of all the duties of the school principalship.

(d) Be performed under the direct supervision of a currently practicing school principal or district manager who has been approved by the district school board to serve as the supervising principal or manager for this program. For charter schools or charter management organizations, duties shall be performed under the direct supervision of a currently practicing school principal or charter school manager who has been approved by the governing authority or board to serve as the supervising principal or manager for this program.

(3) Demonstrate successful performance of the school principal descriptors of the Florida Educational Leadership Standards as measured by the school district’s or by the charter school or charter management organization’s school administrator evaluation system, in compliance with section 1012.34, F.S.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 7-1-86, Formerly 6A-4.083, Amended 7-1-86, 10-31-88, 7-1-07, 11-26-08, 2-20-24.

Fla. Admin. Code R. 6A-4.0084 Professional School Principal – Administrative Class

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.0861, 231.087(3)(e), 231.15, 231.17 FS. History–New 7-1-86, Formerly 6A-4.084, Amended 10-31-88, Repealed 6-20-07.

Fla. Admin. Code R. 6A-4.0085 Provisions for Persons Certified in Administration, Supervision, or Administration and Supervision

(1) Individuals with at least one (1) year of successful experience as a Florida elementary or secondary school principal prior to July 1, 1986, shall retain all rights and privileges provided for by Florida certification in administration, supervision, or administration and supervision. All persons in this category who have served successfully for at least one (1) year as a principal and who are recommended for employment as a principal for 1986-87 or thereafter may apply to have school principal certification shown on the individual’s valid professional certificate. District level administrators in this category may apply to have school principal certification if appointed to a principalship. The certificate renewal date shall be within the last validity period of the certificate on which the certification coverage is shown.

(2) Teachers, intern assistant principals, assistant principals, other school-based assistants, and district level administrators without principal experience, who hold valid certificates in administration, supervision, or administration and supervision may continue as school-based assistants or under school board procedures be appointed to serve as school-based assistants and in nonschool administrative positions.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-86, Formerly 6A-4.085, Amended 7-1-86, 11-8-88.

Fla. Admin. Code R. 6A-4.009 Specialization Requirements for Certification in General Agriculture (Grades 7 – 12)

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.041, 228.041(9), 229.011, 229.053(1), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 231.02, 231.29(1), 231.36(1), 231.361, 233.063, 233.068, 236.012, 236.0711 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 4-11-69, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.09, Repealed 10-10-89.

Fla. Admin. Code R. 6A-4.010 Specialization Requirements for Certification in Art (Grades K – 12) – Academic Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.10, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0101 Specialization Requirements for Certification in Art (Grades K-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in art; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in art to include credit in the areas specified below:

(a) Two-dimensional art such as drawing, painting, design, graphics, and photography;

(b) Three-dimensional art such as sculpture, ceramics, metals, textiles, woods, and plastics; and,

(c) Art history.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-90, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.011 Specialization Requirements for Certificate in Bible (Grades 7 – 12)

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.041, 228.041(9), 229.011, 229.053(1), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 231.02, 231.29(1), 231.36(1), 233.36(1), 233.062, 236.012, 236.0711 FS. History–New 4-20-64, Amended 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.11, Repealed 10-31-88.

Fla. Admin. Code R. 6A-4.012 Specialization Requirements for Certification in Business Educatyion (Grades 6 – 12) – Vocational Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 7-7-68, 4-19-74, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986. Formerly 6A-4.12, Amended 10-10-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0121 Specialization Requirements for Certification in Computer Science (Grades K-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in computer science or computer science education, or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in computer science or computer science education to include credit in the areas specified below:

(a) Computer applications; and,

(b) Computer programming.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 10-10-89, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.0123 Specialization Requirements for Certification in Dance (Grades K-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in dance or dance education; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in dance to include the areas specified below:

(a) Credit in studio techniques to include:

1. Ballet;

2. Modern dance; and,

3. Either jazz dance, folk dance, ethnic dance, character dance, tap dance, square dance, or musical theater dance.

(b) Credit in creative studio studies to include:

1. Dance composition or choreography;

2. Performance or repertory;

3. Dance production or stagecraft; and,

4. Rhythmic analysis or music for dance.

(c) Credit in biomechanical analysis of movement or kinesiology; and,

(d) Credit in history of dance or theory and philosophy of dance.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 11-10-92, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.013 Specialization Requirements for Certification in Driver Education

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.041, 228.041(9), 229.011, 229.053(9), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 231.02, 231.29(1), 231.36(1), 233.063(4), 236.012, 236.0711 FS. History–New 4-20-64, Amended 7-7-68, 5-19-72, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.13, Repealed 10-10-89.

Fla. Admin. Code R. 6A-4.0131 Specialization Requirements for the Endorsement in Driver Education – Academic Class

(1) A bachelor’s or higher degree with certification in another subject; and

(2) Nine (9) semester hours in driver education to include the areas specified below:

(a) Three (3) semester hours in basic driver education;

(b) Three (3) semester hours in advanced driver education; and,

(c) Three (3) semester hours in administration and supervision of driver traffic safety education.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 10-10-89.

Fla. Admin. Code R. 6A-4.0141 Specialization Requirements for Certification in the Area of Preschool Education (Birth Through Age Four) – Academic Class

Competencies for the specialization requirements are listed in the publication “Competencies for Specialization Requirements for Educators’ Certification in Florida, First Edition” which is hereby incorporated by reference and made a part of this rule. Copies of this publication may be obtained from the Bureau of Teacher Certification, Florida Department of Education, The Florida Education Center, Tallahassee, Florida 32399.

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in preschool education (birth through age four [4]); or

(2) Plan Two. A bachelor’s or higher degree with forty-five (45) semester hours in preschool education (birth through age four [4]) to include the areas specified below:

(a) Three (3) semester hours in child growth and development from conception to age eight (8) with emphasis on infants, toddlers, and preschoolers;

(b) Three (3) semester hours in the historical, philosophical, and sociological perspectives in early childhood education with emphasis on infants, toddlers, and preschoolers;

(c) Eighteen (18) semester hours in developmentally appropriate integrated curriculum and practices in programs serving infants, toddlers, and preschoolers which include integrated field experiences;

(d) Six (6) semester hours in issues and practices to promote family and community involvement in programs serving infants, toddlers, and preschoolers which include integrated field experiences;

(e) Three (3) semester hours in health, nutrition, and safety in programs serving infants, toddlers, and preschoolers;

(f) Three (3) semester hours in diagnosis, assessment, and evaluation of infants, toddlers, and preschoolers which include integrated field experiences;

(g) Six (6) semester hours in special needs of all infants, toddlers, and preschoolers which include integrated field experiences; and,

(h) Three semester hours in child guidance and management of the physical settings for programs serving infants, toddlers, and preschoolers which include integrated field experiences; or

(3) Plan Three. A bachelor’s or higher degree with an undergraduate or graduate degree major in early childhood education or primary education (kindergarten through grade three [3]); or a bachelor’s or higher degree with the specialization and professional preparation requirements completed for the prekindergarten (age three [3] through grade three [3]) certification coverage; and completion of twelve (12) semester hours to include integrated field experiences as specified below:

(a) Credit in developmentally appropriate integrated curriculum and practices in programs serving infants, toddlers, and preschoolers;

(b) Credit in diagnosis, assessment, and evaluation of infants, toddlers, and preschoolers;

(c) Credit in the special needs of all infants, toddlers, and preschoolers; and,

(d) Credit in child guidance and management of the physical settings for programs serving infants, toddlers, and preschoolers; or

(4) Plan Four. A bachelor’s or higher degree with specialization and professional preparation requirements completed for the early childhood education or the primary education (kindergarten through grade three [3]) certification coverage; and completion of twenty-four (24) semester hours to include integrated field experiences as specified below:

(a) Three (3) semester hours in child growth and development from conception to age eight (8) with emphasis on infants, toddlers, and preschoolers;

(b) Credit in the historical, philosophical, and sociological perspectives in early childhood education with emphasis on infants, toddlers, and preschoolers;

(c) Nine (9) semester hours in developmentally appropriate integrated curriculum and practices in programs serving infants, toddlers, and preschoolers;

(d) Credit in issues and practices to promote family and community involvement in programs serving infants, toddlers, and preschoolers;

(e) Credit in health, nutrition, and safety in programs serving infants, toddlers, and preschoolers;

(f) Three (3) semester hours in diagnosis, assessment, and evaluation of infants, toddlers, and preschoolers;

(g) Six (6) semester hours in special needs of all infants, toddlers, and preschoolers; and,

(h) Credit in child guidance and management of the physical settings for programs serving infants, toddlers, and preschoolers.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 5-30-94.

Fla. Admin. Code R. 6A-4.01411 Equivalent Credentials for the Voluntary Prekindergarten (VPK) Education Program for School-Year Instructors

(1) The department approves the following educational credentials for VPK instructors during the school year program as being equivalent to or greater than an educational credential described in Sections 1002.55(4)(a)-(d), F.S.:

(a) An associate’s degree in earl y childhood education;

(b) A bachelor’s or higher degree in family and child sciences and at least 480 hours of experience in teaching or providing child care services for children any age from birth through eight (8) years of age;

(c) A bachelor’s or higher degree in:

1. Exceptional student education or special education;

2. Mental disabilities, mentally handicapped or mentally impaired;

3. Specific learning disabilities;

4. Physically impaired;

5. Varying exceptionalities;

6. Emotional disabilities;

7. Deaf or hard of hearing or hearing impaired; or,

8. Speech-language pathology, speech-language impaired or speech correction.

(d) A valid Temporary or Professional Florida Educator’s Certificate in the area of:

1. Prekindergarten/primary education (age three through grade three);

2. Preschool education (birth through age four);

3. Elementary education (grades 1-6) or (Kindergarten through grade 6);

4. Early childhood education (nursery through kindergarten);

5. Primary education (Kindergarten through grade 3);

6. Exceptional student education (grades K-12);

7. Deaf or hard of hearing or hearing impaired (grades K-12);

8. Speech-language impaired or speech-language impaired associate (grades K-12);

9. Prekindergarten disabilities (endorsement);

10. Physically impaired (grades K-12);

11. Mentally handicapped (grades K-12);

12. Specific learning disabilities (grades K-12);

13. Varying exceptionalities (grades K-12); or,

14. Emotionally handicapped (grades K-12).

(e) A valid license issued by the Florida Department of Health to serve as a:

1. Physical therapist or,

2. Speech language pathologist.

(2) A VPK instructor must not be ineligible for certification under Section 1012.315, F.S., or ineligible to teach in a public school because his or her educator certificate is suspended, revoked or otherwise sanctioned by the Education Practices Commission.

History

• Rulemaking Authority 1001.02(2)(n), 1002.55(4)(e) FS. Law Implemented 1002.55(4)(e) FS. History–New 6-19-18.

Fla. Admin. Code R. 6A-4.0142 Specialization Requirements for Certification in the Area of Prekindergarten/Primary Education (Age Three Through Grade Three) – Academic Class

Competencies for the specialization requirements are listed in the publication “Competencies for Specialization Requirements for Educators’ Certification in Florida, First Edition” which is hereby incorporated by reference and made a part of this rule. Copies of this publication may be obtained from the Bureau of Educator Certification, Florida Department of Education, The Florida Education Center, Tallahassee, Florida 32399.

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in prekindergarten/primary education (age three [3] through grade three [3]); or

(2) Plan Two. A bachelor’s or higher degree with forty-five (45) semester hours in prekindergarten/primary education (age three [3] through grade three [3]) to include the areas specified below:

(a) Three (3) semester hours in child growth and development from conception to age eight (8);

(b) Three (3) semester hours in the historical, philosophical, and sociological perspectives in early childhood education;

(c) Eighteen (18) semester hours in developmentally appropriate integrated curriculum and practices in programs serving age three (3) through grade three (3) which include integrated field experiences;

(d) Six (6) semester hours in issues and practices to promote family and community involvement which include integrated field experiences;

(e) Three (3) semester hours in health, nutrition, and safety;

(f) Three (3) semester hours in diagnosis, assessment, and evaluation which include integrated field experiences;

(g) Six (6) semester hours in special needs of all children and their families which include integrated field experiences; and,

(h) Three (3) semester hours in child guidance and classroom management which include integrated field experiences.

(3) Plan Three. A bachelor’s or higher degree with an undergraduate or graduate degree major in the area of preschool education (birth through age four [4]); or a bachelor’s or higher degree with the specialization and professional preparation requirements completed for the area of preschool education (birth through age four [4]); and completion of twelve (12) semester hours in prekindergarten/primary education to include integrated field experiences as specified below:

(a) Credit in developmentally appropriate integrated curriculum and practices in programs serving children age five (5) through grade three (3);

(b) Credit in diagnosis, assessment, and evaluation for children age five (5) through grade three (3);

(c) Credit in special needs of children (age five [5] through grade [3]) and their families; and,

(d) Credit in child guidance and classroom management for children (age five [5] through grade three [3]).

(4) Plan Four. A bachelor’s or higher degree with an undergraduate or graduate degree major in the area of primary education (grades kindergarten through grade three [3]) and twelve (12) semester hours in prekindergarten/primary education to include integrated field experiences as specified below:

(a) Credit in developmentally appropriate integrated curriculum and practices in programs serving children ages three (3) and four (4);

(b) Credit in issues and practices to promote family and community involvement;

(c) Credit in diagnosis, assessment, and evaluation for children ages three (3) and four (4); and,

(d) Six (6) semester hours in special needs of all children and their families.

(5) Plan Five. A bachelor’s or higher degree with an undergraduate or graduate degree major in elementary education (grades one [1] through six [6]); or a bachelor’s or higher degree with the specialization and professional preparation requirements completed for elementary education (grades one [1] through six [6]) or primary education (grades kindergarten through grade three [3]); and fifteen (15) semester hours in prekindergarten/primary education to include integrated field experiences as specified below:

(a) Six (6) semester hours in developmentally appropriate integrated curriculum and practices in programs serving children ages three (3) through five (5);

(b) Credit in health, nutrition, and safety for children;

(c) Credit in diagnosis, assessment, and evaluation of young children;

(d) Credit in the education of young children with special needs and their families; and,

(e) Credit in child guidance and management of classrooms with young children.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 5-30-94, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.0151 Specialization Requirements for Certification in Elementary Education (Grades K-6) – Academic Class

(1) Plan One. A bachelor’s or higher degree with a major in elementary education which includes teaching reading at the K-6 level; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in elementary education to include the areas specified below:

(a) Courses in teaching reading in grades K-6 to include each of the following:

1. Understanding the reading process and effective reading instruction;

2. Recognition and assessment of reading problems; and,

3. Prescription and utilization of appropriate methods and materials to increase reading performance; and,

(b) Courses in each of the areas specified below:

1. Content and methods for teaching writing and language arts in grades K-6;

2. Content and methods for teaching science for grades K-6;

3. Content and methods for teaching social science for grades K-6;

4. Content and methods for teaching health education and physical education for grades K-6;

5. Content and methods for teaching art for grades K-6;

6. Content and methods for teaching music for grades K-6;

7. Content and methods for teaching mathematics for grades K-6; and,

8. Materials for use in grades K-6 such as children’s literature, multi-media materials, library materials, and the computer as an instructional tool.

(3) This rule is to become effective July 1, 2002, and supersedes the provisions of Rules 6A-4.014 and 6A-4.015, F.A.C., as of that date.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-02.

Fla. Admin. Code R. 6A-4.016 Specialization Requirements for Certification in English (Grades 6 – 12) – Academic Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17, 236.088 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.16, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0161 Specialization Requirements for Certification in Middle Grades English (Grades 5-9) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in English or middle grades English; or

(2) Plan Two. A bachelor’s or higher degree with eighteen (18) semester hours in English to include the areas specified below:

(a) Credit in English composition and grammar beyond freshman English;

(b) Credit in speech or oral interpretation; and,

(c) Nine (9) semester hours in literature.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 9-1-92, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.0162 Specialization Requirements for Certification in English (Grades 6-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in English; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in English to include the areas specified below:

(a) Credit in English composition and grammar beyond freshman English;

(b) Credit in speech or oral interpretation; and,

(c) Fifteen (15) semester hours in literature.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-90, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.0163 Reading Endorsement Competencies

(1) The competencies and indicators required for approval of educator preparation programs pursuant to Rule 6A-5.066, F.A.C., and for district in-service add-on programs pursuant to Section 1012.575, F.S., for certification in the Reading Endorsement, are contained in the publication, Florida Reading Endorsement Competencies 2022, (http://www.flrules.org/Gateway/reference.asp?No=Ref-14583) which is hereby incorporated by reference and made a part of this rule. The Florida Reading Endorsement Competencies 2022 may be obtained from the Just Read, Florida! website at http://www.fldoe.org/academics/standards/just-read-fl/reading-endorsement.stml.

(2) Reading endorsement programs shall use the Florida Reading Endorsement Competencies 2022. Reading endorsement matrices for district add-on programs and teacher preparation programs must be resubmitted for review and approval in the format provided by the department. The Florida Reading Endorsement Matrix 2022, Form FREMatrix, which is incorporated herein by reference and can be found at (http://www.flrules.org/Gateway/reference.asp?No=Ref-14584). Once approved, the newly submitted program will go into effect no later than July 1, 2023. Educators who have completed one or more competencies prior to July 1, 2023 in a previously approved reading endorsement program will not be required to retake competencies in the newly approved reading endorsement program in order to earn their reading endorsement.

(3) Beginning July 1, 2024, instructional personnel may not earn a reading endorsement solely by achieving a passing score on the K-12 reading certification subject area assessment.

History

• Rulemaking Authority 1001.02(2), 1012.55(1), 1012.98(8) FS. Law Implemented 1012.55(1), 1012.586, 1012.98 FS. History–New 5-19-08, Amended 10-25-11, 12-22-19, 8-16-22.

Fla. Admin. Code R. 6A-4.0164 Specialization Requirements for the Civics Seal of Excellence (Endorsement)

(1) In order to be eligible for the Civics Seal of Excellence Endorsement, an educator must:

(a) Hold a valid Florida Educator Certificate issued by the Department of Education under Section 1012.56, F.S.; and

(b) Complete a Department of Education civics and government training program aligned to Florida’s standards for Civics and Government adopted in Rule 6A-1.09401, F.A.C.

(2) The civics and government training program must consist of a minimum of fifty (50) contact hours and address the following:

(a) The philosophical underpinnings of the American Republic and the root foundation of American exceptionalism;

(b) The success of the United States and the success or failure of other nations’ governing philosophies to evaluate their past, present and likely future effects;

(c) The value of civic pride and regular participation by citizens in all levels of the government; and

(d) The rights and responsibilities of citizens, including the process of advocating properly with government officials.

(3) Educators must register to participate in the civics and government training program in a manner prescribed by the Department of Education.

(4) Upon successful completion of the civics and government training program, educators must submit an application per Rule 6A-4.0012, F.A.C., to the Department of Education Bureau of Educator Certification to add the Civics Seal of Excellence (Endorsement) to their valid Florida Educator Certificate.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56, 1012.586 FS. History–New 3-15-22.

Fla. Admin. Code R. 6A-4.0165 Specialization Requirements for the Resiliency Educator Endorsement

(1) In order to be eligible for the Resiliency Educator Endorsement, an educator must:

(a) Hold a valid Florida Educator Certificate issued by the Department of Education under Section 1012.56, F.S.; and

(b) Complete a Florida Department of Education resiliency educator endorsement training program aligned to Florida’s Resiliency Education Standards adopted in Rule 6A-1.09401, F.A.C.

(2) The Resiliency Educator Endorsement training program must consist of a minimum of thirty (30) contact hours and address the following:

(a) How resiliency helps students to persevere and overcome life’s inevitable challenges.

(b) That resiliency is comprised of 11 characteristics: perseverance; responsibility; self-awareness and self-management; grit; responsible decision-making; mentorship; gratitude; critical thinking and problem solving; citizenship; honesty; and empathy.

(c) That the K-12 Resiliency Education Standards establish the content knowledge to equip students with skills to build resiliency.

(3) Educators must register to participate in the resiliency educator endorsement training program in a manner prescribed by the Department of Education.

(4) Upon successful completion of the resiliency educator endorsement training program, educators must submit an application per Rule 6A-4.0012, F.A.C., to the Florida Department of Education Bureau of Educator Certification to add the Resiliency Educator Endorsement to their valid Florida Educator Certificate.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1012.55, 1012.56, 1012.586 FS. History–New 8-25-26.

Fla. Admin. Code R. 6A-4.0166 Specialization Requirements for the Mathematics Endorsement (K-12)

In order to be eligible for the Mathematics Endorsement (K-12), an educator must obtain a bachelor’s or higher degree with certification in an academic, STEM, degreed vocational, administrative, or specialty class coverage; and complete:

(1) Fifteen (15) semester hours in mathematics coursework aligned to evidence-based mathematics instructional and intervention strategies addressing both the development of conceptual understanding and the prevention and remediation of mathematics learning difficulties. Coursework must include the areas specified below:

(a) Six (6) semester hours in understanding mathematics as a process of reasoning, problem solving, and conceptual understanding, including the development of student proficiency in numbers and operations, fractions and proportional reasoning, measurement, geometric reasoning, data analysis and probability, and algebraic reasoning;

(b) Three (3) semester hours in the administration and interpretation of instructional assessments to include screening, diagnosis, and progress monitoring with purposes of prevention, identification, and remediation of mathematics difficulties;

(c) Three (3) semester hours in understanding how to prescribe, differentiate instruction, and utilize appropriate strategies and materials based upon evidence-based mathematics research in order to address the prevention, identification, and remediation of mathematics difficulties in order to increase mathematics performance; and

(d) Three (3) semester hours in a supervised practicum to obtain practical experience in increasing the mathematics performance of student(s) with the prescription and use of appropriate strategies and materials based upon evidence-based mathematics research to address the prevention, identification, and remediation of mathematics difficulties.

(2) Upon successful completion of the specialization requirements outlined in subsection (1) of this rule, an individual must submit an application per Rule 6A-4.0012, F.A.C., to the Department of Education Bureau of Educator Certification to add the Mathematics Endorsement (K-12) to a valid professional certificate.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 8-25-26.

Fla. Admin. Code R. 6A-4.0167 Florida Mathematics Endorsement (K-12) Competencies

(1) The competencies and performance indicators required for approval of educator preparation programs pursuant to Rule 6A-4.0166, F.A.C., and for district add-on endorsement programs pursuant to Section 1012.575, F.S., for certification in the Mathematics Endorsement (K-12), are contained in the publication, Florida Mathematics Endorsement (K-12) Competencies 2026, effective August 2026 (http://flrules.org/Gateway/reference.asp?No=Ref-19704), which is hereby incorporated by reference and made a part of this rule. The Mathematics Endorsement (K-12) Competencies 2026 may be obtained from the Bureau of Standards and Instructional Support website at https://www.fldoe.org/academics/standards/subject-areas/math-science/.

(2) Florida Mathematics endorsement programs must use the Mathematics Endorsement (K-12) Competencies 2026. Mathematics endorsement matrices for district add-on programs and teacher preparation programs must be submitted for review and approval in the format provided by the department. The Mathematics Endorsement (K-12) Matrix 2026, effective August 2026, (http://flrules.org/Gateway/reference.asp?No=Ref-19705), which is incorporated herein by reference and can be found at https://www.fldoe.org/academics/standards/subject-areas/math-science/.

History

• Rulemaking Authority 1001.02(2), 1012.55(1) FS., Ch. 2025-109, s. 29 LOF. Law Implemented 1012.55(1) FS., Ch. 2025-109, s. 29 LOF. History–New 8-25-26.

Fla. Admin. Code R. 6A-4.017 Specialization Requirements for Certification in Separate Areas of Exceptional Student Education (Grades K – 12) – Academic Class Until July 1, 1992

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 229.053, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 5-19-72, 8-17-74, 12-5-74, 10-7-75, 10-12-76, 7-27-80, 6-27-85, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.17, Amended 10-10-89, 10-3-91, Repealed 11-15-93.

Fla. Admin. Code R. 6A-4.0172 Specialization Requirements for Certification in the Area of Deaf or Hard of Hearing (Grades K-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in deaf education; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in exceptional student education to include credit in the areas specified below:

(a) Foundations of exceptional student education to include historical perspectives, student characteristics, and trends and issues;

(b) Educational management of exceptional students to include classroom organization, behavior management, and consultation skills;

(c) Audiology, anatomy and physiology of human speech and auditory mechanisms, including assessment, amplification, and assistive listening devices;

(d) Introduction to education of students who are deaf or hard of hearing to include the nature and needs of students who are deaf or hard of hearing or deaf or hard of hearing with additional disabilities, trends and issues, family support and intervention, and community resources;

(e) Language development to include the application of English and American Sign Language linguistics, psycholinguistics, and sociolinguistics to the education of students who are deaf or hard of hearing, including ages birth to five (5) years;

(f) Auditory development and learning to include methods of auditory learning, assessment, and techniques for evaluating the acoustic environment;

(g) Manual communication to include manually coded English and American Sign Language.

(h) Instructional strategies for teaching students who are deaf or hard of hearing to include credit in the following:

1. Teaching language to include instructional procedures to effect language learning to students who are deaf or hard of hearing including ages birth to age five (5) years;

2. Speech development to include production and transmission of speech and instructional and assessment strategies to facilitate the development of speech skills for students who are deaf or hard of hearing including ages birth to age five (5) years;

3. Teaching reading to students who are deaf or hard of hearing to include theories, curricular adaptations, and assessment;

4. Teaching mathematics, science, and social studies to students who are deaf or hard of hearing to include procedures for curricular adaptations; and,

5. Teaching social and personal skills for students who are deaf or hard of hearing to include employability skills, career awareness, and transition planning for adult living.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-92, Amended 7-17-00, 6-16-20.

Fla. Admin. Code R. 6A-4.0176 Specialization Requirements for Certification in the Area of Speech-Language Impaired (Grades K-12) – Academic Class

(1) Completion of the following education courses to satisfy the courses required in paragraph (2)(a) of Rule 6A-4.006, F.A.C.

(a) Three (3) semester hours in survey of exceptional student education; and,

(b) Three (3) semester hours in school organization or general curriculum which includes the elementary and secondary instructional levels.

(2) Completion of specialization requirements by one of the following plans:

(a) Plan One. A master’s or higher degree with a graduate major in speech-language pathology;

(b) Plan Two. A valid license in speech-language pathology issued pursuant to Chapter 468, Part I, F.S. Appropriate documentation to the Department shall be a letter of verification of licensure from the issuing agency;

(c) Plan Three. A valid certificate of clinical competence issued by the American Speech-Language Hearing Association. Appropriate documentation to the Department shall be a letter of verification from the issuing agency; or

(d) Plan Four. A master’s or higher degree with a minimum of sixty (60) semester hours of college credit in speech-language pathology, and three hundred (300) clock hours of supervised clinical practice to include one hundred fifty (150) clock hours at the graduate level. The supervised clinical practice shall include each of the following areas: evaluation of speech and language problems; management of language disorders in children; management of disorders of articulation, fluency, and voice; and assessment and management of auditory disorders. Appropriate documentation to the Department shall be a letter of verification from a designated official of the training institution. Thirty (30) semester hours of the minimum required college credit in speech-language pathology shall be graduate credit and shall include the following:

1. Three (3) semester hours of graduate credit in each of the following:

a. Evaluation of speech, language, and hearing disorders;

b. Management of articulation disorders;

c. Management of fluency disorders;

d. Management of voice disorders;

e. Management of auditory disorders; and,

2. Six (6) semester hours of graduate credit in management of language disorders of children.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 10-3-91.

Fla. Admin. Code R. 6A-4.01761 Specialization Requirements for Certification in the Area of Speech-Language Impaired/Associate – Academic Class

A bachelor’s degree with an undergraduate major in speech-language pathology or speech-language impaired. This coverage is limited to a period of not more than three (3) years for the provision of services in school districts that qualify for the sparsity supplement as described in Section 1011.62(7), F.S. This coverage shall be identified on the temporary certificate when requested by the superintendent of an eligible school district.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.44, 1012.54, 1012.55, 1012.56 FS. History–New 9-17-01.

Fla. Admin. Code R. 6A-4.0178 Specialization Requirements for Certification in the Area of Visually Impaired (Grades K-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in visually impaired; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in exceptional student education to include credit in the areas specified below:

(a) Foundations of exceptional student education to include historical perspectives, student characteristics, and trends and issues;

(b) Educational management of exceptional students to include classroom organization, behavior management, and consultation skills;

(c) Methods and materials for teaching reading to include:

1. Sequential developmental skills and concepts of reading;

2. Recognition and diagnosis of reading problems;

3. Prescription and utilization of appropriate methods and materials to increase reading performance; and,

(d) Specialized courses for the education of students who are visually impaired to include three (3) semester hours in each of the following:

1. Introduction to visual impairments including psychological, social, and emotional implications; history of educational services; and current delivery models;

2. Introduction to orientation and mobility to include theories, concepts, and the impact of mobility on the individual, the family, and the community;

3. The teaching of reading and writing of English Braille;

4. Functions of the eye and educational implications to include interpretation of medical eye reports, structure of the eye, disease and impairments, low vision training, and the use and care of optical aids; and,

(e) Instructional strategies for teaching students who are visually impaired to include each of the following:

1. Teaching and assessing personal and social skills to include personal hygiene, self care, interpersonal relationships, career awareness, and social interaction with peers;

2. Teaching and assessing communication skills and reading including the use of specialized equipment; and,

3. Teaching and assessing mathematics, science, and technology to include Nemeth code, abacus, specialized science materials, adapted technology, and computer access devices.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-92, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.0179 Specialization Requirements for the Endorsement in Gifted – Academic Class Until July 1, 1992

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 229.053, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 5-19-72, 8-17-74, 12-5-74, 10-7-75, 10-12-76, 7-27-80, 6-27-85, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.17, Amended 10-10-89, 10-3-91, Repealed 11-15-93.

Fla. Admin. Code R. 6A-4.01791 Specialization Requirements for the Gifted Endorsement

(1) A bachelor’s or higher degree with certification in an academic class coverage; and

(2) Fifteen (15) semester hours in gifted education to include three (3) semester hours in each area specified below:

(a) Nature and needs of gifted students to include student characteristics; cognitive and behavioral needs; and history and current research;

(b) Curriculum and instructional strategies for teaching gifted students to include modification of curricular content, instructional processes, student products, and learning environment;

(c) Counseling of gifted students to include motivational strategies, self-image, interpersonal skills, and career options for gifted students;

(d) Educating special populations of gifted students such as those with disabilities, speakers of other languages, or highly gifted; and;

(e) Theory and development of creativity to include elements of creativity such as fluency, flexibility, originality, and elaboration.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-92, Amended 2-20-24.

Fla. Admin. Code R. 6A-4.01792 Specialization Requirements for the Prekindergarten Disabilities Endorsement – Academic Class

(1) A bachelor’s or higher degree with certification in any exceptional student education area, preschool education, primary education, prekindergarten/primary education, elementary education (K-6), or early childhood education; and,

(2) Twelve (12) semester hours in prekindergarten disabilities education to include the areas specified below:

(a) Six (6) semester hours in the development and implementation of individualized educational programs for the prekindergarten child with disabilities to include formal and informal evaluation techniques; developmentally appropriate curriculum, methods, and intervention strategies; teaming approaches to facilitate inclusion in appropriate learning environments; and multidisciplinary approaches and techniques for serving the child and the family;

(b) Three (3) semester hours in child development to include theories of the atypical child, the stages and sequences of development, and the impact of disabilities and biomedical risk factors on learning; and,

(c) Three (3) semester hours in family collaboration and support to include family systems theory and interaction; community resources; service coordination; and transition.

History

• Rulemaking Authority 1001.02(2)(n), 1012.55(1), 1012.56(13) FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 10-3-91, Amended 5-7-02, 2-25-09.

Fla. Admin. Code R. 6A-4.01793 Specialization Requirements for Endorsement in Severe or Profound Disabilities – Academic Class

(1) A bachelor’s or higher degree with certification in any area of special education; and,

(2) Twelve (12) semester hours in the education of students with profound disabilities to include the areas specified below:

(a) Coursework in atypical child development and assessment of students with profound disabilities to include use of student assessment for individual educational planning and program planning;

(b) Coursework in interdisciplinary teaming to include available resources; the recognition of the role of parents, teachers, and other professionals; functional community-based curriculum; employability skills; and transition planning; and,

(c) Completion of one of the areas as follows:

1. Six (6) semester hours to include:

a. Coursework in nature of spectrum disorder and intervention strategies for educating students who have autism spectrum disorder to include student characteristics, appropriate learning goals, teaching approaches, and environmental arrangements; and,

b. Three (3) semester hours of supervised field-based experience with students who have autism spectrum disorder; or

2. Six (6) semester hours to include:

a. Coursework in nature of profound mental disabilities and intervention strategies for educating students with profound mental disabilities to include student characteristics, appropriate learning goals, teaching approaches, and environmental arrangements; and,

b. Three (3) semester hours of supervised field-based experience with students with profound mental disabilities; or

3. Six (6) semester hours to include:

a. Coursework in nature of deaf-blindness and intervention strategies for educating students who are deaf-blind to include student characteristics, appropriate learning goals, teaching approaches, and environmental arrangements; and,

b. Three (3) semester hours of supervised field-based experience with students who are deaf-blind.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 10-3-91, Amended 4-17-02.

Fla. Admin. Code R. 6A-4.01794 Specialization Requirements for the Orientation and Mobility Endorsement – Academic Class

(1) Plan One. A bachelor’s or higher degree with certification in visually impaired and nine (9) semester hours to include three (3) semester hours in each of the following:

(a) Beginning orientation and mobility skills to include experience and observation of behaviors under conditions simulating visual impairments;

(b) Advanced orientation and mobility skills focusing on increasingly complex environments and applications to multihandicapped preschool, school-age, and adult populations; and,

(c) Applied skills in orientation and mobility to include observation and assessment, and planning and delivery of orientation and mobility services to students with visual impairments; or

(2) Plan Two. A bachelor’s or higher degree with certification in an academic class subject and twenty-four (24) semester hours to include the areas specified below:

(a) Three (3) semester hours in each of the following:

1. Foundations of exceptional student education to include historical perspectives, student characteristics, and trends and issues;

2. Introduction to visual impairments including psychological, social, and emotional implications; history of educational services; and current delivery models;

3. Functions of the eye and educational implications to include interpretation of medical eye reports, structure of the eye, disease and impairments, low vision training, and the use and care of optical aids;

4. Introduction to orientation and mobility to include theories, concepts, and the impact of mobility on the individual, the family, and the community;

5. Beginning orientation and mobility skills to include experience and observation of behaviors under conditions simulating visual impairments;

6. Advanced orientation and mobility skills focusing on increasingly complex environments and applications to multihandicapped preschool, school-age, and adult populations; and,

(b) Six (6) semester hours in applied skills in orientation and mobility to include observation and assessment, and planning and delivery of orientation and mobility services to students with visual impairments.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 10-3-91.

Fla. Admin. Code R. 6A-4.01795 Specialization Requirements for Certification in Exceptional Student Education (Grades K-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with a major in exceptional student education, special education, mental disabilities, specific learning disabilities, emotional disabilities, physically impaired or varying exceptionalities; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in exceptional student education to include the areas specified below:

(a) Foundations of special education to include educational practices and development and characteristics of children with disabilities;

(b) Assessment and evaluation to include interpretation, analysis, and application of assessment results and alternate assessment strategies;

(c) Evaluation of student progress in acquiring, generalizing, and maintaining skills related to participation in educational settings;

(d) Instructional practices in special education to include selection and implementation of instructional practices and strategies and identification of accommodations and modifications;

(e) Relevant general education and special skills curricula selection;

(f) Assessing, designing, and implementing positive behavioral supports;

(g) Language development and communication skills to include normal sequence of expressive and receptive language development and identification of communication deficits and appropriate interventions;

(h) Skills to teach interpersonal interactions to include criteria for selecting instructional procedures for teaching personal care, interpersonal skills, self-advocacy skills, and adaptive life skills;

(i) Transition process to include development of desired postschool outcomes; and,

(j) Effective methods of communication, consultation, and collaboration with students, families, administrators, and other education professionals.

(3) This rule is to become effective July 1, 2002, and supersedes the provisions of Rules 6A-4.0171, 6A-4.0173, 6A-4.0174, 6A-4.0175 and 6A-4.0177, F.A.C. as of that date.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-02.

Fla. Admin. Code R. 6A-4.01796 Specialization Requirements for Endorsement in Autism Spectrum Disorders – Academic Class

(1) A bachelor’s or higher degree with certification in any exceptional student education area; and,

(2) Twelve semester hours to include:

(a) Nature of autism spectrum disorders (to include student characteristics, appropriate learning goals, teaching approaches, environmental arrangements, etc.);

(b) Use of assistive and instructional technology and natural, alternative and augmentative communication systems for students with autism spectrum disorders;

(c) Behavior management and positive behavior supports for students with autism spectrum disorders;

(d) Assessment and diagnosis of autism spectrum disorders; and,

(e) Field-based experience with students with autism spectrum disorders.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-02.

Fla. Admin. Code R. 6A-4.018 Specialization Requirements for Certification in Guidance and Counseling (Grades PK – 12) – Specialty Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 230.2313, 231.02, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 8-17-74, 12-5-74, 7-1-79, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.18, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0181 Specialization Requirements for Certification in School Counseling (Grades PK-12) – Specialty Class

(1) Plan One. A master’s or higher degree with a graduate major in guidance and counseling or school counseling that includes a minimum of six-hundred (600) clock hours of supervised internship serving school-aged students in a prekindergarten, an elementary or a secondary school setting; or

(2) Plan Two. A master’s or higher degree with a graduate major in counseling other than guidance and counseling or school counseling as specified in subsection (1) of this rule that includes a minimum of six-hundred (600) clock hours of supervised internship with school-aged children and their families with at least nine (9) semester hours of graduate credit to include the following areas:

(a) Student appraisal and evaluation methods in prekindergarten, elementary and secondary schools including interpretation and analysis of standardized tests and other assessment results that assist students in career exploration, academic skills and personal and social skill development;

(b) College and career planning for prekindergarten, elementary and secondary school students including college and career exploration and knowledge of financial aid and financing of postsecondary education options;

(c) Principles, philosophy, organization and administration of a comprehensive school counseling program in prekindergarten, elementary and secondary schools; and

(d) Consultation skills and techniques for conferring with groups such as agencies, teachers and parents.

(3) Applicants using Plan Two shall submit verification from the employing school district to attest that a school counselor with a state-issued professional certificate as specified in Rule 6A-4.004, F.A.C., will be assigned as the applicant’s mentor during the first two (2) years of employment as a school counselor.

(4) Plan Three.

(a) A master’s or higher degree with a graduate major in school counseling that includes a minimum of three hundred (300) clock hours of supervised internship serving school-aged students in a prekindergarten, elementary or secondary school setting if the applicant:

1. Is a current full-time teacher;

2.Has been employed as a teacher for at least five (5) school years; and

3. Has earned an effective or highly effective rating under Section 1012.34, F.S., on his or her performance evaluation for the most recent three (3) years the teacher was employed in a Florida public school.

(b) Verification that an applicant using Plan Three meets the requirements of subparagraphs 1.-3. must be provided by the applicant’s current or former employer, as applicable.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1004.0982, 1012.55, 1012.56 FS. History–New 7-1-90, Amended 12-22-19, 12-21-25.

Fla. Admin. Code R. 6A-4.019 Specialization Requirements for Certification in Health (Grades K – 12) – Academic Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17, 233.067 FS. History–New 4-20-64, Amended 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.19, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0191 Specialization Requirements for Certification in Health (Grades K-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in health; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in health to include credit in each of the areas specified below:

(a) Mental and emotional health;

(b) Substance abuse which includes alcohol, tobacco, and other drugs;

(c) Advanced first aid and cardiopulmonary resuscitation training as specified below:

1. Credit in advanced first aid and cardiopulmonary resuscitation; or

2. A valid instructor’s first aid certificate and a valid instructor’s cardiopulmonary resuscitation certificate issued by the American Heart Association or the American Red Cross;

(d) Personal, community, or environmental health;

(e) Human anatomy and human physiology;

(f) Nutrition;

(g) Human sexuality; and,

(h) Disease control for diseases such as Acquired Immune Deficiency Syndrome (AIDS), Human Immunodeficiency Virus (HIV), and Sexually Transmissible Diseases (STDS).

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-90, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.020 Specialization Requirements for Certification in Home Economics (Grades 6 – 12) – Vocational Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 4-11-70, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.20, Amended 10-10-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.021 Specialization Requirements for Certification in Guidance and Counseling (Grades PK – 12) – Specialty Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 8-17-74, 12-5-74, 7-1-79, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.21, Amended 10-10-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.022 Specialization Requirements for Certification in Journalism (Grades 6 – 12) – Academic Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17, 236.1223 FS. History–New 4-20-64, Amended 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.22, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0221 Specialization Requirements for Certification in Journalism (Grades 6-12) – Academic Class

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-90, Amended 7-17-00, Repealed 6-23-16.

Fla. Admin. Code R. 6A-4.023 Junior High School (Grades 7 – 9)

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.55(2)(a), (d), 230.01, 230.23(5), 230.2319(3), 231.02, 231.29(1), 231.36(1), 233.07, 236.012, 236.0711 FS. History–New 4-20-64, Amended 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.23, Amended 9-1-92, Repealed 11-15-93.

Fla. Admin. Code R. 6A-4.0231 Specialization Requirements for Certification in Middle School

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.041, 228.041(9), 229.011, 229.053(1), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 230.2319(3), 231.02, 231.29(1), 231.36(1), 233.07, 236.012, 236.0711 FS. History–New 1-17-72, Amended 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.231, Amended 9-1-92, Repealed 11-15-93.

Fla. Admin. Code R. 6A-4.0232 Specialization Requirements for the Endorsement in Middle Grades – Academic Class

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 229.053, 231.145, 231.15, 231.17(1) FS. History–New 9-1-92, Repealed 7-1-02.

Fla. Admin. Code R. 6A-4.0233 Specialization Requirements for Certification in the Area of Middle Grades Integrated Curriculum (Grades 5-9) – Academic Class

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 4-25-96, Repealed 10-25-11.

Fla. Admin. Code R. 6A-4.024 Specialization Requirements for Certification in a Language Other than English (Grades K – 12 – Academic Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.24, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0241 Specialization Requirements for Certification in Billingual Education (Grades K – 12)

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.041, 228.041(9), 229.011, 229.053(1), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 231.02, 231.29(1), 231.36(1), 233.07, 236.012, 236.0711 FS. History–New 11-12-81, Amended 1-16-83, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.241, Repealed 10-31-88.

Fla. Admin. Code R. 6A-4.0242 Specialization Requirements for Certification in English to Speakers of Other Languages (Grades K – 12)

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.041, 228.041(9), 229.011, 229.053(1), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 231.02, 231.29(1), 231.36(1), 233.07, 236.012, 236.0711 FS. History–New 11-12-81, Amended 1-16-83, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.242, Repealed 10-10-89.

Fla. Admin. Code R. 6A-4.0243 Specialization Requirements for Certification in World Languages (Grades K-12) – Academic Class

(1) Specialization requirements for the following world languages: Arabic, Chinese, Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi, Italian, Japanese, Portuguese, Russian, Spanish, and Turkish.

(a) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in one of the world languages listed in subsection (1) of this rule; or

(b) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in one of the world languages listed in subsection (1) of this rule to include credit in the areas specified below:

1. History or culture of the people who speak the language as their native language;

2. Literature in the language; and,

3. Applied linguistics or second language acquisition; or

(c) Plan Three. A bachelor’s or higher degree with specialization requirements completed in one (1) of the world languages as specified in paragraph (1)(a) or (b) of this rule, and twenty-one (21) semester hours in another one of the modern languages listed in subsection (1) of this rule to include credit in the areas specified below:

1. History or culture of the people who speak the language as their native language; and,

2. Literature in the language; or

(d) Plan Four. A bachelor’s or higher degree and official documentation of successful completion of the Basic Program of the Defense Language Institute of the United States, Department of Defense in one of the world languages listed in subsection (1) of this rule.

(e) Plan Five. A bachelor’s or higher degree and official documentation of an American Council on the Teaching of Foreign Languages (ACTFL) oral proficiency interview score earned above the intermediate level and a written proficiency test score earned above the intermediate level in one of the world languages for which there is no Florida developed certification subject area examination.

(2) Specialization requirements for Latin.

(a) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in Latin; or

(b) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in Latin to include credit in the areas specified below:

1. Latin vocabulary, grammar, and composition;

2. Latin literature; and,

3. Roman culture; or

(c) Plan Three. A bachelor’s or higher degree with specialization requirements completed in one (1) of the modern languages as specified in paragraph (1)(a) or (b) of this rule, and twenty-one (21) semester hours in Latin to include credit in the areas specified below:

1. Latin vocabulary, grammar, and composition;

2. Latin literature; and,

3. Roman culture.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-90, Amended 7-17-00, 4-17-02, 6-20-07, 3-24-08, 6-21-11.

Fla. Admin. Code R. 6A-4.02431 Specialization Requirements for the American Sign Language Endorsement – Academic Class

(1) A bachelor’s or higher degree with certification in an academic class coverage; and,

(2) Eighteen (18) semester hours in American Sign Language to include three (3) semester hours in each area specified below:

(a) First and second language acquisition;

(b) Linguistics of American Sign Language;

(c) Aspects of the deaf culture and community;

(d) Methods of teaching American Sign Language;

(e) American Sign Language IV; and,

(f) American Sign Language literature; or

(3) A bachelor’s or higher degree with certification in an academic class coverage, and a valid Professional Level Certificate issued by the American Sign Language Teachers Association (ASLTA).

History

• Rulemaking Authority 1007.2615, 1012.55, 1012.56 FS. Law Implemented 1007.2615, 1012.55, 1012.56 FS. History–New 3-1-05.

Fla. Admin. Code R. 6A-4.0244 Specialization Requirements for the Endorsement in English for Speakers of Other Languages – Academic Class

(1) A bachelor’s or higher degree with certification in another subject; and,

(2) Fifteen (15) semester hours in English for speakers of other languages (ESOL) to include credit in each of the areas specified below:

(a) Methods of teaching English to speakers of other languages (ESOL);

(b) ESOL curriculum and materials development;

(c) Cross-cultural communication and understanding;

(d) Applied linguistics; and,

(e) Testing and evaluation of ESOL.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 10-10-89, Amended 10-30-90, 9-15-97, 4-21-09.

Fla. Admin. Code R. 6A-4.0245 Specialization Requirements for Certification in English for Speakers of Other Languages (Grades K-12) – Academic Class

A bachelor’s or higher degree with an undergraduate or graduate major in English to speakers of Other Languages shall satisfy the specialization requirements for certification in English to speakers of Other Languages (Grades K-12).

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 10-30-90.

Fla. Admin. Code R. 6A-4.02451 Florida Teacher Standards for ESOL Endorsement

The competencies and indicators required for approval of educator preparation programs pursuant to Rule 6A-5.066, F.A.C., and for district in-service add-on programs pursuant to Section 1012.575, F.S., for the Endorsement in English for Speakers of Other Languages (ESOL), are contained in the publication, “2025 Florida Teacher Standards for English for Speakers of Other Languages (ESOL) Endorsement,” which is hereby incorporated by reference, effective September 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18431) and made a part of this rule. These standards are published on the Bureau of Student Achievement through Language Acquisition, Department of Education website at fldoe.org/academics/eng-language-learners/. Copies of this publication may also be obtained from the Bureau of Student Achievement through Language Acquisition, K-12 Public Schools, Department of Education, 325 West Gaines Street, Suite 314, Tallahassee, Florida 32300-0400. The standards set forth in the 2025 Florida Teacher Standards for ESOL Endorsement shall be incorporated into all teacher preparation programs and district in-service add-on programs for students/teachers enrolling in these programs not later than June 1, 2026.

History

• Rulemaking Authority 1012.55(1) FS. Law Implemented 1012.56, 1012.575 FS. History‒New 4-21-09, Amended 5-23-10, 9-23-25.

Fla. Admin. Code R. 6A-4.025 Specialization Requirements for Certification in Media Specialist (Grades PK – 12) – Specialty Class Until July 1, 1992

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 229.053, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 7-7-68, 3-19-72, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.25, Amended 10-16-91, Repealed 11-15-93.

Fla. Admin. Code R. 6A-4.0251 Specialization Requirements for Certification in Educational Media Specialist (Grades PK-12) – Specialty Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in educational media or library science; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in educational media or library science to include credit in the areas specified below:

(a) Management of library media programs;

(b) Collection development. Courses in this area include: evaluation, selection, and maintenance of library media resources in print and nonprint formats;

(c) Library media resources. Courses in this area include: literature in both print and nonprint formats for both children and adolescents;

(d) Reference sources and services. Courses in this area include: print and electronic resources and techniques for providing information services;

(e) Organization of collections. Courses in this area include: classification and cataloging principles and techniques; and,

(f) Design and production of educational media.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-92, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.026 Specialization Requirements for Certification in Mathematics (Grades 6 – 12) – Academic Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17, 232.246(1)(b), 236.091 FS. History–New 4-20-64, Amended 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.26, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0261 Specialization Requirements for Certification in Middle Grades Mathematics (Grades 5-9) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in mathematics or middle grades mathematics; or

(2) Plan Two. A bachelor’s or higher degree with eighteen (18) semester hours in mathematics to include credit in the areas specified below:

(a) Calculus, precalculus, or trigonometry;

(b) Geometry; and,

(c) Probability or statistics.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 9-1-92, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.0262 Specialization Requirements for Certification in Mathematics (Grades 6-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in mathematics; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in mathematics to include the areas specified below:

(a) Six (6) semester hours in calculus;

(b) Credit in geometry;

(c) Credit in probability or statistics; and,

(d) Credit in abstract or linear algebra; or

(3) Plan Three. A bachelor’s or higher degree with specialization requirements completed for physics and twenty-one (21) semester hours in mathematics to include the areas specified below:

(a) Six (6) semester hours in calculus;

(b) Credit in geometry;

(c) Credit in probability or statistics; and,

(d) Credit in abstract or linear algebra.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-90, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.027 Specialization Requirements for Certification in Music (Grades K – 12) – Academic Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.2145, 231.15, 231.17 FS. History–New 4-20-64, Amended 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.27, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0271 Specialization Requirements for Certification in Music (Grades K-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in music; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in music to include the areas specified below:

(a) Credit in applied music at the upper-division level;

(b) Credit in music theory;

(c) Credit in conducting;

(d) Credit in survey of music history;

(e) Credit in group performance such as band, orchestra, or chorus.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-90, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.0282 Specialization Requirements for the Endorsement in Athletic Coaching – Academic Class

(1) Certification in another subject; and,

(2) Nine (9) semester hours in athletic coaching to include the areas specified below:

(a) Three (3) semester hours in care and prevention of athletic injuries and the effects and dangers of drug use including performance enhancing drugs;

(b) Three (3) semester hours in coaching theory;

(c) A course in theory and practice of coaching a specific sport; and,

(3) A valid cardiopulmonary resuscitation course completion card or certificate issued by the American Heart Association or the American Red Cross or an equivalent cardiopulmonary resuscitation course completion card or certificate issued by an entity approved by the Florida Department of Health pursuant to Rule 64J-1.022, F.A.C.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 12-4-89, Amended 10-26-05, 1-16-08.

Fla. Admin. Code R. 6A-4.0283 Specialization Requirements for Certification in Physical Education (Grades K-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with a teacher education major in physical education; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in physical education to include the areas specified below:

(a) Twelve (12) semester hours in instructional design and content of physical education;

(b) Motor development;

(c) Kinesiology;

(d) Administration of physical education;

(e) Applied exercise physiology;

(f) Adaptive physical education or physical education for exceptional students;

(g) Care and prevention of human injuries; and,

(h) Theory and practice in coaching.

(3) This rule is to become effective July 1, 2003, and supersedes the provisions of Rule 6A-4.028, F.A.C., as of that date.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-03.

Fla. Admin. Code R. 6A-4.029 Specialization Requirements for Certification in Readidng (Grades K – 12) – Academic Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17, 233.057(2)(a) FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.29, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0291 Specialization Requirements for Certification in Reading (Grades K-12) – Academic Class

(1) Plan One. A master’s or higher degree with a graduate major in reading; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in reading to include the areas specified below:

(a) Six (6) semester hours in foundations of reading instruction to include the elementary and secondary levels;

(b) Six (6) semester hours in diagnosis of reading disabilities and techniques of corrective or remedial reading;

(c) Three (3) semester hours in educational measurement;

(d) Three (3) semester hours in literature for children or adolescents;

(e) Three (3) semester hours in methods of teaching language arts at the elementary or secondary level;

(f) Three (3) semester hours in administration and interpretation of instructional assessments with instructional strategies and materials based upon scientifically based reading research for the prevention and remediation of reading difficulties; and,

(g) Three (3) semester hours in a supervised reading practicum to obtain practical experience in increasing the reading performance of a student(s) with the prescription and utilization of appropriate strategies and materials based upon scientifically based reading research to address the prevention, identification, and intervention of reading difficulties.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-90, Amended 7-30-02.

Fla. Admin. Code R. 6A-4.0292 Specialization Requirements for the Reading Endorsement

Candidates must have a bachelor’s or higher degree with certification in an academic, degreed vocational, administrative, or specialty class coverage; and one of the following options:

(1) Fifteen (15) semester hours in reading coursework based upon scientifically based reading research with a focus on both the prevention and remediation of reading difficulties to include the areas specified below:

(a) Six (6) semester hours in understanding reading as a process of student engagement in both fluent decoding of words and construction of meaning;

(b) Three (3) semester hours in the administration and interpretation of instructional assessments to include screening, diagnosis, and progress monitoring with purposes of prevention, identification, and remediation of reading difficulties;

(c) Three (3) semester hours in understanding how to prescribe, differentiate instruction, and utilize appropriate strategies and materials based upon scientifically based reading research in order to address the prevention, identification, and remediation of reading difficulties in order to increase reading performance; and

(d) Three (3) semester hours in a supervised practicum to obtain practical experience in increasing the reading performance of a student(s) with the prescription and utilization of appropriate strategies and materials based upon scientifically based reading research to address the prevention, identification, and remediation of reading difficulties.

(2) The completion of an approved certificate meeting the criteria of Section 1012.586, F.S. The department will review such a certificate provided the following items are submitted by a program for review:

(a) Evidence the organization is internationally recognized for establishing standards for evidence-based interventions for struggling readers;

(b) A thorough description of the competencies to be mastered in the specific certificate program to ensure these competencies are comparable to the Florida Reading Endorsement Competencies; and

(c) A description of the clinical experience required to complete the certificate.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56, 1012.586 FS. History–New 7-30-02, Amended 12-22-19, 3-26-26.

Fla. Admin. Code R. 6A-4.0293 Specialization Requirements for Literacy Coach Endorsement – Academic Class

(1) To be eligible to receive a literacy coach endorsement, an individual shall satisfy each of the following requirements:

(a) Hold a valid professional certificate in any certification coverage and be endorsed in reading under Rule 6A-4.0292, F.A.C., or certified in Reading K-12 under Rule 6A-4.0291, F.A.C.; and

(b) Demonstrate successful completion of a literacy coach endorsement professional development program developed by the Florida State University Florida Center for Reading Research or the University of Florida Lastinger Center for Learning, in accordance with Section 1001.215, F.S.

(2) The two literacy coach endorsement professional development programs align to the literacy coach definition, domains and standards found in the form entitled Literacy Coach Endorsement Standards, Form No. LCES-1, effective May 2022 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14151). This form is incorporated herein by reference and may be found at https://www.fldoe.org/core/fileparse.php/7539/urlt/LitCoachDefDomainsStands.pdf.

(3) The literacy coaching domains and standards must be performed as a full-time employee in a Florida public school or district. Program participants must demonstrate all of the following literacy coaching domains to earn the literacy coach endorsement:

(a) Knowledge of and ability to apply effective methods for planning, implementing and analyzing standards-based literacy instruction based on the science of reading and evidence-based practices;

(b) Ability to effectively collect and use data on instructional practices to inform and implement professional learning opportunities;

(c) Knowledge of and ability to apply effective pedagogy and andragogy;

(d) Knowledge of and ability to apply principles and practices that foster an inclusive and collaborative culture; and

(e) Ability to grow professionally.

(4) An individual must register to participate in the program in a manner prescribed by the Department of Education.

(5) Upon successful completion of the program, an individual must submit an application per Rule 6A-4.0012, F.A.C., to the Department of Education Bureau of Educator Certification to add the literacy coach endorsement to a valid professional certificate.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.215, 1012.55, 1012.56, 1012.586 FS. History–New 5-3-22.

Fla. Admin. Code R. 6A-4.031 Specialization Requirements for Certification in School Psychologist (Grades PK – 12) – Specialty Class Until July 1, 1992

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 229.053, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 8-17-74, 12-5-74, 3-10-75, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.31, Amended 10-3-91, Repealed 11-15-93.

Fla. Admin. Code R. 6A-4.0311 Specialization Requirements for Certification in School Psychology (Grades PK-12) – Specialty Class

(1) Plan One. A doctorate degree with a specialization in school psychology which includes a twelve-hundred (1200-hour), supervised internship with at least six-hundred (600) hours completed in an elementary or secondary school setting; or

(2) Plan Two. A degree from a specialist-level program of study (e.g., EdS, PsyS, CAGS, Master’s) that includes the following:

(a) A minimum of sixty (60) semester hours of graduate credit in school psychology;

(b) Completion of a minumum of three (3) semester hours of supervised and sequenced practica experiences prior to the internship in paragraph (2)(c); and,

(c) Completion of a twelve-hundred (1200) hour, supervised internship with at least six-hundred (600) hours completed in an elementary or secondary school setting. No more than six (6) hours of internship credit may be applied to the sixty (60) semester hour requirement in paragraph (2)(a); or

(3) Plan Three. A valid credential as a Nationally Certified School Psychologist issued by the National Association of School Psychologists (NASP); or

(4) Plan Four. A doctorate degree or a degree from a specialist-level program of study in clinical psychology or counseling psychology with a non-degree respecialization in school psychology. Respecialization must include:

(a) Completion of an individualized plan of study and supervised field experiences in a NASP-approved graduate preparation program in Florida that grants recognition for previously completed, relevant coursework and field expeiences, and identifies additional graduate courses and supervised experiences consistent with the NASP Graduate Preparation Standards. A minimum of fifteen (15) credits must be completed in the school psychology training program that documents eligibility for non-degree certification.

(b) Completion of a twelve-hundred (1200) hour, supervised internship with six-hundred (600) hours of a supervised school psychology internship completed in an elementary or secondary school setting. Supervised internships previously completed as part of the health services psychology graduate training program may meet up to six-hundred (600) hours of the school psychology internship requirement.

(c) Documentation from the school psychology graduate training program that the candidate demonstrates the competencies of a professional school psychologist across the NASP Domains of Professional Practice and meets the criteria for non-degree certification as a school psychologist.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1012.55, 1012.56 FS. Law Implemented 1012.54, 1012.55, 1012.56 FS. History–New 7-1-92, Amended 10-27-20, 2-24-26.

Fla. Admin. Code R. 6A-4.032 Specialization Requirements for Certification in Separate Areas of Science (Grades 6 – 12) – Academic Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17, 232.246(1)(b), 236.091 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.32, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0321 Specialization Requirements for Certification in Middle Grades General Science (Grades 5-9) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in general science or middle grades general science; or

(2) Plan Two. A bachelor’s or higher degree with eighteen (18) semester hours in science with associated laboratory experiences to include credit in the areas specified below:

(a) Biological science;

(b) Chemistry or physics; and,

(c) Earth-space science or earth science.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 9-1-92, Amended 7-17-00, 6-23-16.

Fla. Admin. Code R. 6A-4.0322 Specialization Requirements for Certification in Separate Areas of Science (Grades 6-12) – Academic Class

(1) Specialization requirements for biology.

(a) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in biology; or

(b) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in science, to include twenty-one (21) semester hours in biological science with associated laboratory experiences;

(c) Plan Three. A bachelor’s or higher degree with specialization requirements completed for chemistry, earth-space science, or physics and eighteen (18) semester hours in biological science.

(2) Specialization requirements for chemistry.

(a) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in chemistry; or

(b) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in science to include twenty-one (21) semester hours in chemistry with associated laboratory experiences;

(c) Plan Three. A bachelor’s or higher degree with specialization requirements completed for biology, earth-space science, or physics and eighteen (18) semester hours in chemistry.

(3) Specialization requirements for earth-space science.

(a) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in earth-space science or earth science, or

(b) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in science to include twenty-one (21) semester hours in earth-space science or earth science with associated laboratory experiences; or

(c) Plan Three. A bachelor’s or higher degree with specialization requirements completed for biology, chemistry, or physics and eighteen (18) semester hours in earth-space science.

(4) Specialization requirements for physics.

(a) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in physics; or

(b) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in science to include twenty-one (21) semester hours in physics with associated laboratory experiences; or

(c) Plan Three. A bachelor’s or higher degree with specialization requirements completed for biology, chemistry, or earth-space science and eighteen (18) semester hours in physics.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-90, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.033 Specialization Requirements for Certification in Social Science (Grades 6 – 12) – and Separate Areas of Social Science (Grades 6 – 12) – Academic Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17, 232.246(1)(b), 233.061, 233.0615, 233.064 FS. History–New 4-20-64, Amended 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.33, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0331 Specialization Requirements for Certification in Middle Grades Social Science (Grades 5-9) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in social science, middle grades social science or middle grades social studies; or

(2) Plan Two. A bachelor’s or higher degree with eighteen (18) semester hours in social science or social studies to include the areas specified below:

(a) Six (6) semester hours in United States history;

(b) Credit in western civilization; or, European, Asian, African, Latin American, or Middle Eastern history;

(c) Credit in economics;

(d) Credit in United States government; and,

(e) Credit in geography.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 9-1-92, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.03321 Specialization Requirements for Certification in Social Science (Grades 6-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with a major in social science, social studies, history, political science, geography, philosophy, sociology, economics, or psychology.

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in social science or social studies to include:

(a) Six (6) semester hours in United States history;

(b) Courses in the areas specified below:

1. Western civilization or European history;

2. Asian, African, Latin American, or Middle Eastern history;

3. Economics;

4. United States federal government;

5. Geography; and,

6. Sociology or psychology.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-03, Amended 10-27-20.

Fla. Admin. Code R. 6A-4.034 Specialization Requirements for Certification in Speech (Grades 6 – 12) – Academic Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 7-7-68, 8-17-74, 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.34, Amended 12-4-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.0341 Specialization Requirements for Certification in Speech (Grades 6-12) – Academic Class

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 7-1-90, Amended 7-17-00, Repealed 6-23-16.

Fla. Admin. Code R. 6A-4.0342 Specialization Requirements for Certification in Drama (Grades 6-12) – Academic Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in drama; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in drama to include credit in the areas specified below:

(a) Theater history;

(b) Acting;

(c) Theory and practice of directing;

(d) Technical theater or stagecraft; and,

(e) Theater management, production or performance.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 12-4-89, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.0343 Specialization Requirements for Certification in Humanities (Grades K-12) – Academic Class

A bachelor’s or higher degree with an undergraduate or graduate major in humanities shall satisfy the specialization requirements for certification in humanities (grades K-12).

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 12-4-89.

Fla. Admin. Code R. 6A-4.035 Specialization Requirements for Certification in School Social Work (Grades PK-12) – Specialty Class

(1) Plan One. A master’s or higher degree with a graduate major in social work that includes three-hundred (300) hours or more of field placement in a K-12 school setting from a program accredited by the National Council on Social Work Education or accredited in accordance with the provisions of Rule 6A-4.003, F.A.C., or;

(2) Plan Two. A master’s or higher degree with a graduate major in social work that includes three-hundred (300) hours or more of field placement with diverse individuals in a community setting other than a prekindergarten, an elementary or a secondary school.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 4-20-64, Amended 7-7-68, 8-17-74, Repromulgated 12-5-74, Joint Administrative Procedures Committee Objection Filed – See FAR Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.35, Amended 12-4-89, 11-13-96, Joint Administrative Procedures Committee objection resolved by Chapter 86-156, Laws of Florida, Florida Administrative Register Vol. 35, No. 27, July 10, 2009, Amended 12-22-19.

Fla. Admin. Code R. 6A-4.036 Teacher Examinations Equivalent Scores and Conditions for Meeting Examination Requirements

History

• Rulemaking Authority 229.051, 231.16(2) FS. Law Implemented 231.16, 231.36, 231.361 FS. History–New 4-20-64, Amended 5-3-65, 3-26-66, 1-25-67, Formerly 6A-4.36, Repealed 4-8-68.

Fla. Admin. Code R. 6A-4.0361 Junior Reserve Officers’ Training Corps

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17 FS. Law Implemented 231.02, 231.15, 231.17 FS. History–New 4-8-68, Amended 7-7-68, 12-5-74, 7-1-79, 8-27-80, 1-3-82, 11-18-84, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.361, Repealed 10-31-88.

Fla. Admin. Code R. 6A-4.037 Revocation or Suspension of Certificates

History

• Rulemaking Authority 1012.796 FS. Law Implemented 120.60(6), 120.62(2), 1012.796(1), (3), (5), (6) FS. History–New 4-10-64, Amended 7-24-67, 4-11-70, 6-16-72, 12-19-74, 5-24-77, 8-20-81, Formerly 6A-4.37, Repealed 4-25-17.

Fla. Admin. Code R. 6A-4.038 Certification Covering Vocational or Adult Education

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.041, 228.041(9), 228.0715, 228.072, 229.011, 229.053(1), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 231.02, 231.29(1), 231.36(1), 231.361, 233.07, 236.012, 236.0711 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 4-11-69, 12-5-74, 7-1-79, 8-27-80, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.38, Repealed 10-31-88.

Fla. Admin. Code R. 6A-4.039 General Adult Education

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.041, 228.041(9), 228.0715, 228.072, 229.011, 229.053(1), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 231.02, 231.29(1), 231.36(1), 231.361, 231.07, 236.012, 236.0711 FS. History–New 4-20-64, Amended 3-26-66, 7-7-68, 4-11-69, 12-5-74, 7-1-79, 8-27-90, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.39, Repealed 10-31-88.

Fla. Admin. Code R. 6A-4.040 Vocational Agirculture (Grades 7 – 12)

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.041, 228.041(9), 229.011, 229.053(1), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 231.02, 231.29(1), 231.36(1), 231.361, 233.07, 236.012, 236.0711 FS. History–New 4-20-64, Amended 4-11-69, 4-11-70, 8-17-74, 12-5-74, 7-1-79, 8-27-80, 1-3-82, 11-18-84, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.40, Repealed 10-10-89.

Fla. Admin. Code R. 6A-4.0401 Exploratory Agriculture

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Sections 1, 2, Article IX, Florida Constitution, 229.041, 228.041(9), 229.011, 229.053(1), (2)(b), 229.55(2)(a), (d), 230.01, 230.23(5), 231.02, 231.29(1), 231.36(1), 231.361, 233.07, 236.012, 236.0711 FS. History–New 7-2-79, Amended 8-27-80, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.401, Repealed 10-10-89.

Fla. Admin. Code R. 6A-4.041 Vocational Homemaking Education

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.15, 231.17 FS. History–New 4-20-64, Amended 3-26-66, 4-8-68, 4-11-69, 4-11-70, 6-17-74, 12-5-74, 7-1-79, 8-27-80, 1-3-82, 11-18-84, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 12, No. 11, March 14, 1986, Formerly 6A-4.41, Repealed 10-31-88.

Fla. Admin. Code R. 6A-4.042 Agricultural, Distributive, Industrial, Health Occupations, and Public Service Education

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.15, 231.17 FS. History–New 4-20-64, Amended 4-8-68, 7-7-68, 6-17-74, 8-17-74, 12-5-74, 7-1-79, 8-27-80, 1-3-82, 11-18-84, Formerly 6A-4.42, Repealed 10-31-88.

Fla. Admin. Code R. 6A-4.0421 Occupational Specialist

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.15, 231.17 FS. History–New 1-17-72, Amended 12-5-74, 4-28-77, 7-1-79, 8-27-80, 1-3-82, 11-18-84, Formerly 6A-4.421, Repealed 10-31-88.

Fla. Admin. Code R. 6A-4.043 Specialization Requirements for Certification in Marketing (Grades 6 – 12) – Vocational Class Until July 1, 1990

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.145, 231.15, 231.17 FS. History–New 4-20-64, Amended 4-8-68, 4-11-69, 4-11-70, 1-17-72, 12-5-74, 7-1-79, 8-27-80, 1-3-82, 11-18-84, Formerly 6A-4.43, Amended 10-10-89, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.044 Specialization Requirements for Certification in Local Director of Career and Technical Education – Career and Technical Administrative Class

(1) A master’s or higher degree or the advanced occupational level of training;

(2) Verification of completion of three (3) years of teaching experience in career and technical education as specified in paragraph 6A-4.002(5)(a), F.A.C.;

(3) A valid professional certificate with certification in a nondegreed or degreed career and technical class coverage; and,

(4) Thirty (30) semester hours of graduate or upper level credit in administration and supervision to include the following:

(a) Three (3) semester hours in organization, administration and management of career and technical programs;

(b) Three (3) semester hours in administration and supervision of secondary education;

(c) Three (3) semester hours in instructional programs and curriculum;

(d) Three (3) semester hours in supervision and development of the career and technical education staff; and,

(e) Three (3) semester hours in school-community employee-employer relationships, interpretation of school programs, and socio-economic foundations of school policies.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 4-20-64, Amended 4-8-68, 4-19-74, Repromulgated 12-5-74, Amended 7-1-79, 6-27-85, Formerly 6A-4.44, Amended 10-10-89, 6-23-16.

Fla. Admin. Code R. 6A-4.045 Evaluation of Services of Instructional Personnel

History

• Rulemaking Authority 231.16 FS. Law Implemented 231.16, 236.07(1) FS. History–New 4-20-64, Formerly 6A-4.45, Repealed 4-8-68.

Fla. Admin. Code R. 6A-4.046 State Master Teacher Program

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 231.533(1)(c)1., (5) FS. Law Implemented 120.53(1)(b), 231.533, 231.534 FS. History–New 3-28-84, Amended 10-30-84, 9-17-85, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 11, No. 51, December 20, 1985, Formerly 6A-4.46, Repealed 4-15-91.

Fla. Admin. Code R. 6A-4.054 Specialization Requirements for Certification in Agriculture (Grades 6-12) – Degreed Career and Technical Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in agriculture or agriculture education; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in agriculture to include credit in four of the areas specified below:

(a) Soil science;

(b) Agricultural mechanics;

(c) Food and resource economics;

(d) Animal science;

(e) Agronomy;

(f) Horticulture;

(g) Entomology; and,

(h) Forestry and natural resources.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 10-10-89, Amended 7-17-00, 6-23-16.

Fla. Admin. Code R. 6A-4.056 Specialization Requirements for Certification in Business Education (Grades 6-12) – Degreed Career and Technical Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in business education or business administration; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in business education or business administration to include credit in the areas specified below:

(a) Accounting;

(b) Economics or Finance;

(c) Computer Science;

(d) Business communication or composition above the freshman level; and,

(e) Business law.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 10-10-89, Amended 7-17-00, 6-23-16.

Fla. Admin. Code R. 6A-4.058 Specialization Requirements for Certification in Family and Consumer Science (Grades 6-12) – Degreed Career and Technical Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in family and consumer science or home economics; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in family and consumer science or home economics to include credit in the areas specified below:

(a) Clothing construction;

(b) Textiles;

(c) Food preparation;

(d) Nutrition;

(e) Child development;

(f) Family relations;

(g) Housing and home furnishings;

(h) Home management; and,

(i) Family economics and consumer education.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 10-10-89, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.060 Specialization Requirements for Certification in Engineering and Technology Education (Grades 6-12) – Degreed Career and Technical Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in engineering or technology education; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in engineering or technology education to include credit in four (4) of the ten (10) areas specified below:

(a) Materials and manufacturing processes technology to include credit in woods, metals, and man-made materials;

(b) Drafting and design technology;

(c) Energy and power technology;

(d) Graphic communications technology;

(e) Electronics technology;

(f) Construction technology;

(g) Transportation technology;

(h) Biomedical technology;

(i) Information technology; and,

(j) Industrial systems technology such as robotics, laser technology, fiber optics, or other feedback controlling systems.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 10-10-89, Amended 11-13-96, 7-17-00, 4-17-02.

Fla. Admin. Code R. 6A-4.062 Specialization Requirements for Certification in Marketing (Grades 6-12) – Degreed Career and Technical Class

(1) Plan One. A bachelor’s or higher degree with an undergraduate or graduate major in marketing or distributive education; or

(2) Plan Two. A bachelor’s or higher degree with thirty (30) semester hours in marketing to include the areas specified below:

(a) Fifteen (15) semester hours in theories and practices of marketing;

(b) Credit in economics;

(c) Credit in finance; and,

(d) Credit in accounting or personnel management.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.55, 1012.56 FS. History–New 10-10-89, Amended 7-17-00.

Fla. Admin. Code R. 6A-4.070 Specialization Requirements for Certification in Areas of Agriculture, Business, Health Occupations, Home Economics, Industrial, Marketing, and Public Service Education – Vocational Class

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.15, 231.17 FS. History–New 10-31-88, Repealed 5-14-91.

Fla. Admin. Code R. 6A-4.074 Specialization Requirements for Certification in Junior Reserve Officer’s Training Corps – Vocational Class

History

• Rulemaking Authority 229.053(1), 231.15(1), 231.17(1) FS. Law Implemented 231.02, 231.15, 231.17 FS. History–New 10-31-88, Amended 10-10-89, Repealed 5-4-93.

Fla. Admin. Code R. 6A-4.076 Specialization Requirements for the Endorsement in Teacher Coordinator of Cooperative Education – Vocational Class

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 10-10-89, Amended 5-4-93, Repealed 6-23-16.

Fla. Admin. Code R. 6A-4.078 Specialization Requirements for the Endorsement in Teacher Coordinator of Work Experience Programs – Vocational Class

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1001.02, 1012.54, 1012.55, 1012.56 FS. History–New 10-10-89, Amended 5-4-93, Repealed 6-23-16.

Chapter 6A-5 EDUCATOR STANDARDS, PREPARATION AND PERFORMANCE

Fla. Admin. Code R. 6A-5.030 District Instructional Personnel and School Administrator Evaluation Systems

(1) The purpose of this rule is to set forth the requirements for the annual evaluation of instructional personnel and school administrators pursuant to Section 1012.34, F.S., by establishing criteria and implementing procedures for the school district systems; delineating the responsibilities of the school district and Department of Education (Department); setting forth submission, review and approval criteria; and prescribing reporting and monitoring requirements.

(2) Definitions. The following definitions, listed alphabetically, shall be used in this rule and incorporated documents:

(a) “Assessments” means the methods or tools used to evaluate, measure, and document student performance and growth.

(b) “Contemporary research” means professional research studies that provide evidence of the impact of instructional practice and instructional leadership. Research findings are considered “contemporary” when conducted within the last ten (10) years or where the continued validity of less recent findings is supported by research conducted within the last ten (10) years.

(c) “Descriptors” means the role-based requirements of school administrators to demonstrate mastery of each of the Florida Educational Leadership Standards or the requirements of instructional personnel to demonstrate mastery of each of the Florida Educator Accomplished Practices.

(d) “Florida Educator Accomplished Practices” or “FEAP” means the six (6) practices, including the descriptors within, described in subsection 6A-5.065(2), F.A.C., which is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-16026). A copy of Rule 6A-5.065, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(e) “Florida Educational Leadership Standards” or “FELS” means the eight (8) practices, including all descriptors, described in Rule 6A-5.080, F.A.C., which is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-16027). A copy of Rule 6A-5.080, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(f) An “indicator” is a description of a specific behavior or strategy.

(g) “Instructional personnel” means instructional personnel as defined in Sections 1012.01(2)(a)-(d), F.S., excluding substitute teachers.

(h) “Newly hired by the district” means the first calendar year in which classroom teachers are employed by the school district in a full-time instructional position. Such personnel are “newly hired” for their first year of employment in a district regardless of their prior work experience elsewhere or in the employing school district.

(i) “Observation” means the monitoring actions in evaluation systems that contribute evidence of performance or the impact of performance on others. Evidence collected through observation contributes to the summative evaluation rating and may be used for formative feedback. District evaluation systems may provide that observations are formal or informal; announced or unannounced; and whether they are conducted by supervisors, mentors, or peers who are trained in the evaluation system. The length of time of an observation event and the type of school activity observed may vary and is determined by the evidence of practice that is sought.

(j) “Performance standards” are the statements or cut points establishing how well individuals must perform within each criterion of the evaluation – performance of students, instructional practice or instructional leadership, and other indicators of performance – to achieve the four designated performance levels.

(k) “Research-based framework” means an approach used in an evaluation system to assess and provide feedback on either instructional practice or instructional leadership. A research-based framework is based on contemporary research and includes implementation procedures designed to support the successful use of the framework for evaluation and continuous improvement.

(l) “Rubric” means a tool or set of indicators of practice used to distinguish among proficiency levels or classify performance.

(m) “School administrator” means school administrator as defined in Section 1012.01(3)(c), F.S.

(n) “Substantial revisions” means revisions other than editing for grammar, name changes, or year updates.

(o) “Summative evaluation rating” means the final, combined rating of performance for an annual evaluation that includes student performance, instructional practice or instructional leadership, and, if applicable, other indicators of performance. There are four (4) performance levels: highly effective; effective; needs improvement, or, for teachers in the first three (3) years of employment, developing; and unsatisfactory.

(p) “Value-added model” or “VAM” means a statistical model used for the purpose of determining an individual teacher’s or school administrator’s contribution to student learning, as established in Rule 6A-5.0411, F.A.C., which is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-16028). A copy of Rule 6A-5.0411, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(3) Evaluation Systems Requirements. To receive approval of its evaluation systems, the school district must provide the following:

(a) Evaluation System Overview. For instructional personnel and school administrators, the purpose and a summary of the evaluation system.

(b) Evaluation Procedures. For instructional personnel and school administrators, on an annual basis:

1. When and how personnel are informed of the criteria, data sources, methodologies, and procedures associated with the evaluation process;

2. When and how many observations take place; and,

3. When and how many summative evaluations are conducted.

(c) Evaluation Criteria.

1. Performance of Students. For instructional personnel and school administrators:

a. Percentage of the evaluation based on student performance; and,

b. Description of the step-by-step calculation for determining the student performance rating, including performance standards for differentiating performance.

2. Instructional Practice. For instructional personnel:

a. Percentage of the evaluation based on instructional practice; and,

b. Description of the step-by-step calculation for determining the instructional practice rating for classroom and non-classroom instructional personnel, including performance standards for differentiating performance.

3. Instructional Leadership. For school administrators:

a. Percentage of the evaluation based on instructional leadership; and,

b. Description of the step-by-step calculation for determining the instructional leadership rating for school administrators, including performance standards for differentiating performance.

4. Other Indicators of Performance. For instructional personnel and school administrators, if the school district chooses to include such additional indicators:

a. Percentage of the evaluation based on other indicators of performance;

b. Description of the additional performance indicators; and,

c. Description of the step-by-step calculation for determining the other indicators of performance rating, including performance standards for differentiating performance.

5. Summative Evaluation Rating.

a. For instructional personnel:

(I) Description of the step-by-step calculation for determining the summative rating; and,

(II). Sample summative rating calculations to illustrate how a second grade teacher and a ninth grade English language arts teacher can earn a highly effective and an unsatisfactory summative performance rating.

b. For school administrators:

(I) Description of the step-by-step calculation for determining the summative rating; and,

(II) Sample summative rating calculations to illustrate how an elementary principal and a high school assistant principal can earn a highly effective and an unsatisfactory summative performance rating respectively.

(d) Additional requirements.

1. For instructional personnel and school administrators:

a. Confirmation that the evaluation system framework is based on sound educational principles and contemporary research in effective educational practices.

b. Confirmation that the school district provides training programs and has processes that ensure:

c. Acknowledgment that the evaluation procedures established by the district school superintendent set the standards of service to be offered to the public within the meaning of Section 447.209, F.S., and are not subject to mandatory collective bargaining.

(I) Employees subject to an evaluation system are informed of the evaluation criteria, data sources, methodologies, and procedures associated with the evaluation before the evaluation takes place; and,

(II) Individuals with evaluation responsibilities and those who provide input toward evaluations understand the proper use of the evaluation criteria and procedures;

d. Confirmation that the school district evaluation procedures comply with the following:

(I) The evaluator is the individual responsible for supervising the employee, and the evaluator is authorized to consider input from other personnel trained on the evaluation system;

(II) The evaluator provides timely feedback to the employee that supports the improvement of professional skills;

(III) The evaluator submits a written report to the employee no later than ten (10) days after the evaluation takes place;

(IV) The evaluator discusses the written evaluation report with the employee;

(V) The employee has the right to initiate a written response to the evaluation and the response becomes a permanent attachment to his or her personnel file;

(VI) The evaluator submits a written report of the evaluation to the district school superintendent for the purpose of reviewing the employee’s contract; and,

(VII) The evaluator may amend an evaluation based upon assessment data from the current school year if the data becomes available within ninety (90) days after the close of the school year.

e. Confirmation that the school district has procedures for the use of evaluation results to inform the planning of professional development, and the learning of school and district improvement plans.

f. Confirmation that the school district ensures personnel who have been evaluated as less than effective are required to participate in specific professional learning programs.

g. Confirmation that the school district has procedures for the notification of unsatisfactory performance that comply with the requirements outlined in Section 1012.34(4), F.S.

h. Confirmation that the district school superintendent annually notifies the Department of Education of any personnel who receive two (2) consecutive unsatisfactory evaluation ratings, or are given written notice by the school district of intent to terminate or not renew their employment, as outlined in Section 1012.34(5), F.S. This reporting shall be completed in accordance with the FDOE Information Database Requirements: Volume II – Automated Staff Information System, as established in Rule 6A-1.0014, F.A.C., which is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-16029). A copy of Rule 6A-1.0014, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

i. Confirmation that the school district has a process for annually monitoring its evaluation system that enables it to determine the following:

(I) Compliance with the requirements of Section 1012.34, F.S., and this rule;

(II) Evaluators’ understanding of the proper use of evaluation criteria and procedures, including evaluator accuracy and inter-rater reliability;

(III) Evaluators provide necessary and timely feedback to employees being evaluated;

(IV) Evaluators follow district policies and procedures in the implementation of evaluation system(s);

(V) Use of evaluation data to identify individual professional learning; and,

(VI) Use of evaluation data to inform school and district improvement plans.

2. For instructional personnel:

a. Confirmation that the observation instrument(s) to be used for classroom teachers include indicators based on each of the FEAP.

b. Confirmation that the observation instrument(s) to be used for non-classroom instructional personnel include indicators based on the FEAP, and may include specific job expectations related to student support.

c. Confirmation that the school district provides instructional personnel the opportunity to review their class rosters for accuracy and to correct any mistakes.

d. Confirmation that the district school superintendent annually reports accurate class rosters for the purpose of calculating district and statewide student performance, and the evaluation results of instructional personnel.

e. Confirmation that the school district provides opportunities for parents to provide input into performance evaluations, when the school district determines such input is appropriate.

f. Confirmation that the school district ensures all instructional personnel, classroom and non-classroom, are evaluated at least once a year, and classroom teachers newly hired by the school district are observed and evaluated at least twice in the first year of teaching in the school district.

g. Acknowledgment that the instructional practice evaluation procedures and criteria under Section 1012.34, F.S., do not preclude a school administrator from visiting and observing classroom teachers throughout the school year for the purposes of providing mentorship, training, instructional feedback, or professional learning.

h. Confirmation that the district’s system identifies teaching fields for which special evaluation procedures or criteria are necessary, if applicable.

3. For school administrators:

a. Confirmation that the observation instrument(s) to be used for school administrators include indicators based on each set of descriptors of the FELS.

b. Confirmation that the school district ensures all school administrators are evaluated at least once a year.

c. Confirmation that the school district provides opportunities for parents and instructional personnel to provide input into performance evaluations, when the school district determines such input is appropriate.

(e) Additional Documentation.

1. For instructional personnel:

a. Crosswalk from the school district’s evaluation framework to each of the FEAP; and,

b. Observation rubric(s) to be used for classroom and non-classroom teachers that include indicators based on each of the FEAP.

2. For school administrators:

a. Crosswalk from the school district’s evaluation framework to each of the FELS; and,

b. Observation rubric(s) to be used for school principals and assistant principals that include indicators based on each of the role-specific descriptors of the FELS and other leadership practices that result in student learning growth, as identified by the school district.

3. For instructional personnel and school administrators:

a. List of the assessments and performance standards that will apply to the assessment results to be used for calculating the performance of students; and,

b. Summative evaluation form(s).

(4) Submission Process.

(a) School districts shall submit an evaluation system to the Department for review and approval within fifteen (15) days of the system being revised and prior to school board approval. Beginning in the 2023-24 school year, school districts shall submit a revised system on the forms outlined in paragraph (4)(b) of this rule.

(b) Instructional personnel evaluation systems shall be submitted using the Instructional Evaluation System Template, Form IEST-2023, and school administrator evaluation systems shall be submitted using the Administrative Evaluation System Template, Form AEST-2023.

(c) Evaluation systems and all required supporting documentation shall be submitted electronically to DistrictEvalSysEQ@fldoe.org.

(5) Review and Approval Process. The review and approval process is a part of the Department’s process for monitoring evaluation systems pursuant to Sections 1012.34(1)(b) and (8), F.S. Following the submission of an evaluation system:

(a) The Department shall review the form and documentation to determine whether the school district has submitted a complete evaluation system with the content required by subsection (3) of this rule, and in the format required by subsection (4) of this rule.

(b) The Department shall, within thirty (30) days from the receipt of the evaluation system, provide written notification to the school district that identifies omitted elements, or, if there are no omitted elements, that the submission is complete.

(c) The school district shall, within thirty (30) days from the notification provided in paragraph (5)(b) of this rule, address the omitted elements and resubmit the evaluation system to the Department.

(d) The Department shall, within thirty (30) days from the resubmission of the evaluation system, provide written notification to the district school superintendent of the evaluation system approval status. The approval status designations and the effect of these designations are as follows:

1. Approved. An evaluation system shall be approved, if the system meets the requirements outlined in subsection (6) of this rule. A school district may implement the evaluation system after receiving notification of Department approval.

2. Denied. An evaluation system shall be denied if the system does not meet the requirements outlined in subsection (6) of this rule. The school district shall make revisions to the system, based in part on feedback from the Department, and resubmit the plan to the Department for review and approval; a district may not implement a denied evaluation system. Upon request by the school district, the Department shall provide assistance in developing or improving an evaluation system.

(6) Approval Criteria.

(a) An evaluation system shall be approved when the system:

1. Is submitted to DistrictEvalSysEQ@fldoe.org;

2. Is submitted on the forms required by paragraph (4)(b) of this rule;

3. Fulfills the requirements of subsection (3) of this rule; and,

4. Is found by the Department to create the conditions necessary to increase student academic performance and learning growth by improving the quality of instructional, administrative, and supervisory services in the school district.

(b) An evaluation system shall maintain its approval designation if it continues to comply with the requirements listed in Section 1012.34, F.S., and this rule; the school district is implementing the evaluation system as approved by the Department; and any areas of noncompliance identified through the monitoring process outlined in subsection (7) of this rule, are addressed within the Department’s prescribed timeline.

(7) Implementation Monitoring.

In addition to the procedures described in subsection (5) of this rule, the Department shall monitor the school district’s implementation of its approved evaluation systems pursuant to Section 1012.34(1)(b), F.S.

(a) The Department shall annually select no less than ten (10) percent of school districts to monitor, prioritized based on the following factors: the district percentage of schools receiving a grade of “D” or “F” pursuant to Section 1008.34, F.S.; the distribution of personnel in each of the four (4) performance levels provided in Section 1012.34(2)(e), F.S.; findings of evidence of noncompliance with the requirements of Section 1012.34, F.S., or this rule during monitoring; requests for assistance; and the length of time since the last monitoring event.

(b) The Department shall provide the school district with no less than sixty (60) days’ notice of a monitoring event.

(c) The school district shall, within thirty (30) days of the receipt of the notification of monitoring, submit a report to the Department of the results of its annual self-monitoring pursuant to sub-subparagraph (3)(d)1.h., during the preceding five (5) years. The report shall include any improvements the school district has made to its evaluation processes as a result of its own monitoring.

(d) The Department shall conduct monitoring of the school district, documenting evidence that the school district is in compliance with the evaluation system requirements listed in Section 1012.34, F.S., and this rule, and implementing its system as approved.

(e) The Department shall, upon completion of monitoring, provide the school district with a report of the results that identifies any strengths and areas of noncompliance.

(f) The school district shall, upon receipt of the monitoring report, receive no more than sixty (60) days to implement corrective actions to address areas of noncompliance and submit documentation of compliance to the Department.

(8) Forms. The following forms are hereby incorporated by reference:

Instructional Evaluation System Template, Form IEST-2018 (November 2023) and (http://www.flrules.org/Gateway/reference.asp?No=Ref-16030) and Administrative Evaluation System Template, Form AEST-2023 (May 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15295). Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

History

• Rulemaking Authority 1012.34(8) 1012.98(9) FS. Law Implemented 1012.34, 1012.98 FS. History–New 6-19-01, Formerly 6B-4.010, Amended 9-9-15, 4-30-18, 5-23-23, 8-22-23, 11-21-23.

Fla. Admin. Code R. 6A-5.0411 Calculations of Student Learning Growth for Use in School Personnel Evaluations

(1) Purpose. The purpose of this rule is to provide districts choosing to use the formulas for measuring student learning growth approved by the commissioner with a framework for using and interpreting scores in school district instructional personnel evaluation systems developed under Section 1012.34, F.S., and to provide information for use in the approval of school leader preparation programs under Section 1012.562, F.S.

(2) Definitions. For the purposes of this rule, the following definitions apply.

(a) “Confidence interval.” A confidence interval is derived from the standard error. It expresses the precision of a statistic as a range of values. An individual teacher’s VAM score is an estimate of that teacher’s contributions to student learning growth. The 95% confidence interval used in classification represents a range of possible values that would include the teacher’s VAM score 95% of the time if VAM scores were repeatedly re-estimated with different students for each teacher.

(b) “Courses associated with statewide, standardized assessments” or “courses associated with statewide, standardized assessments under Section 1008.22, F.S.,” are those courses which are assessed by statewide, standardized assessments and are listed in the publication, “Florida VAM Course List,” (effective May 2026), which is incorporated herein by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-19284). A copy of the Florida VAM Course List may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 514, Tallahassee, FL 32399-0400.

(c) “Covariate.” A covariate is a variable or set of variables reflecting measured characteristics used in computing a statistical model that controls for specific influences on the outcome being modeled.

(d) “Covariate adjustment model.” A covariate adjustment model is a statistical model that controls for the influence of one or more of the covariates.

(e) “Expected score.” An expected score generated by a value-added model for a statewide, standardized assessment is based on the student’s prior statewide, standardized assessment score history and covariates, as well as how other students in the state actually performed on the assessment. For each individual student, the expected score is the sum across all covariates of the value of the covariate multiplied by that covariate’s contribution to student learning as estimated by the covariate adjustment model.

(f) “Observed score.” An observed score is the actual score a student received on an assessment.

(g) “Staff information system.” The staff information system is the comprehensive management information system maintained by the Department containing staff data reported by school districts in accordance with Rule 6A-1.0014, F.A.C., (http://www.flrules.org/Gateway/reference.asp?No=Ref-19285) which is incorporated by reference herein. A copy of Rule 6A-1.0014, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 514, Tallahassee, FL 32399-0400.

(h) “Standard error.” A standard error is a measure of the precision of a statistic. It is determined by both sample size and sample variability.

(i) “Student information system.” The student information system is the comprehensive management information system maintained by the Department containing student data reported by school districts in accordance with Rule 6A-1.0014, F.A.C., as incorporated in paragraph (2)(g) of this rule.

(j) “Value-added model” or “VAM.” A value-added model is a statistical model used for the purpose of determining an individual teacher’s contribution to student learning growth.

(3) Formulas for measuring student learning growth.

(a) The English Language Arts and Mathematics value-added models.

1. The formula for measuring student learning growth using student English Language Arts and Mathematics results approved by the commissioner is a covariate adjustment value-added model.

The value-added model statistically establishes the expected learning growth for each student, called an expected score. When a student’s actual performance differs from these expectations, a portion of that difference is attributed to the teacher’s and a portion is attributed to the school’s influence. Together, this information is used to compute a teacher’s value-added score. School value-added scores are the average of the teacher value-added scores within the school, and are provided to districts that choose to use them for the performance of students component of administrator evaluations required under Section 1012.34(3)(a)1., F.S.

2. The formula for the model. A full technical description of the data sources, formula, covariates, and methodology for calculating VAM scores is provided in the publication, “Florida VAM Methodology” (Effective August 2015) (http://www.flrules.org/Gateway/reference.asp?No=Ref-05724), which is incorporated herein by reference. A copy of “Florida VAM Methodology” may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 514, Tallahassee, FL 32399-0400.

3. The covariates included in the value-added model approved by the commissioner are:

a. The number of subject-relevant courses in which a student is enrolled.

b. At least one (1) and up to two (2) prior years of achievement scores on the applicable statewide, standardized assessment for each student.

c. A student’s disabilities. The disabilities used within the model are limited to language impaired; deaf or hard of hearing; visually impaired; emotional/behavioral disabilities; specific learning disability; dual sensory impaired; autism spectrum disorder; traumatic brain injured; other health impaired; and other intellectual disability.

d. A student’s English Language Learner (ELL) status. This covariate is used to control for effects related to whether a student is an English language learner and has been receiving English for Speakers of Other Languages (ESOL) services for less than two (2) years; at least two (2) years but less than four (4) years; at least four (4) years but less than six (6) years; or six (6) years or longer.

e. A student’s gifted status.

f. Student attendance.

g. Student mobility. This covariate is used to control for effects related to changing schools during the school year.

h. Difference from modal age in grade. This covariate is used to control for effects related to differences in a student’s age from the most common age for students enrolled in the same grade across the state.

i. Class size. This covariate is used to control for effects related to the number of students in a class.

j. Homogeneity of students’ entering test scores in the class. This covariate is used to control for the variation in student proficiency within a classroom at the beginning of the year.

4. The formula produces a value-added score for a teacher. For English Language Arts and Mathematics, this value-added score consists of two (2) parts:

a. The teacher effect. The teacher effect is an estimate of a teacher’s contributions to student achievement as measured by scores on statewide, standardized assessments. It is based on the difference between expected scores and actual scores for a teacher’s students relative to other teachers in the school, among students assessed in the same subject at the same grade level during the same year.

b. The school component. The school component is an estimate of the part of a student’s performance that is common to students within a school. It is based on the difference between expected scores and actual scores for the school’s students relative to other schools in the state, among students assessed in the same subject at the same grade level during the same year. It represents school-level factors influencing performance of all students in a school among students assessed in the same subject at the same grade level during the same year. Fifty (50) percent of the school component shall be added to the teacher effect to create the teacher’s value-added score.

(b) The Algebra I value-added models.

1. The formula for measuring student learning growth using student results from the statewide, standardized end-of-course assessment in Algebra I pursuant to Section 1008.22, F.S., approved by the commissioner is a covariate adjustment value-added model.

The value-added model statistically establishes the expected learning growth for each student, called an expected score. When a student’s actual performance differs from these expectations, a portion of that difference is attributed to the teacher’s and a portion is attributed to the school’s influence. Together, this information is used to compute a teacher’s value-added score. School value-added scores are the average of the teacher value-added scores within the school, and are provided for districts that choose to use them for the performance of students component of administrator evaluations required under Section 1012.34(3)(a)1., F.S.

2. The formula for the model. A full technical description of the data sources, formula, covariates, and methodology for calculating VAM scores is provided in the publication, Florida VAM Methodology.

3. The covariates included in the Algebra I value-added model approved by the commissioner include those listed under sub-subparagraphs (3)(a)3.a.-j., as well as the following:

a. Mean prior test score. Mean prior test score is the average of the most recent prior score on the statewide, standardized assessment in Mathematics for all students within the class.

b. Percent of students in the class who are reported in the student information system as Gifted.

c. Percent at modal age in grade. Percent at modal age in grade is the percentage of students in the class whose age on September 1 of the school year is the same as the modal age of all students in the same grade.

4. The formula produces a value-added score for a teacher. For Algebra I, the score is the teacher effect. The teacher effect is an estimate of a teacher’s contributions to student achievement as measured by scores on statewide, standardized assessments. It is based on the difference between expected scores and actual scores for a teacher’s students relative to other teachers in the school, among students assessed in the same subject at the same grade level during the same year.

(4) Data Collected and Reported for VAM.

(a) Data collection and reporting procedures for purposes of VAM calculations shall be as provided in the publication, Florida VAM Methodology. As set forth in this publication in more detail, data from the Student Information System and Staff Information System obtained from Surveys 2 and 3 are used in VAM calculations. School districts submit Survey 2 and 3 data to the Department’s Student Information System and Staff Information System pursuant to Rule 6A-1.0014, F.A.C. (Comprehensive Management Information System) and Rule 6A-1.0451, F.A.C. (Florida Education Finance Program Student Membership Surveys) (http://www.flrules.org/Gateway/reference.asp?No=Ref-05725). These rules are incorporated by reference herein, and a copy of the rules may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 514, Tallahassee, FL 32399-0400.

(b) Results provided to districts shall include the following information for each statewide, standardized assessment for which a formula has been adopted:

1. A value-added score for each teacher and administrator based on the statewide, standardized assessment associated with the course(s) that the teacher taught during the current year or the school the administrator was assigned to during the current year. This score shall be reported for each grade level and subject area covered by the statewide assessment.

2. Three-year aggregate value-added scores for each teacher, which includes data for the teacher from the current school year and each of the two (2) prior years for which data are available, for a total of at least one (1) and up to three (3) years of data for the teacher, as follows:

a. Three-year aggregate English Language Arts score. A combination of all value-added results for the teacher from all grades and courses associated with the statewide, standardized assessments in English Language Arts.

b. Three-year aggregate Mathematics score. A combination of all value-added results for the teacher from all grades and courses associated with the statewide, standardized assessments in Mathematics.

c. Three-year aggregate combined score. A combination of all value-added results associated with the statewide, standardized assessments in English Language Arts and Mathematics.

d. The aggregate score shall be calculated by standardizing the value-added scores by converting them to a proportion of a year’s average growth within the grade and subject for the year, and combining them across all grades and subjects for as many of the last three (3) years as data are available. For districts choosing to use school score(s) for administrator evaluations, districts may elect to combine multiple one (1) year, two (2) year, and three (3) year aggregate scores that reflect the school(s) to which the administrator was assigned and the years to which they were assigned to those school(s) during the period.

3. The standard error for each value-added score.

4. For each value-added score that contains a school component, the school component and teacher component reported separately.

(5) Classifying and Interpreting Scores.

(a) Data elements used by the department to classify and interpret scores are as follows:

1. The statewide average year’s growth for students in each grade and subject. For each student learning growth formula, an average year’s growth for students across the state on the statewide assessment is calculated, and once standardized, uses a threshold of zero (0) to establish performance expectations. A score of zero (0) indicates that a teacher’s students scored no higher or lower, on average, than expected.

2. The educator’s value-added score.

3. The confidence interval. A confidence interval is computed using the standard error associated with the educator’s value-added score.

(b) Ratings. Districts may use the rating provided by the department for the performance of students criterion in performance evaluations under Section 1012.34, F.S., for classroom teachers of courses associated with statewide, standardized assessments and administrators.

1. Ratings for Florida’s value-added models. The Department provides ratings for grade-specific and aggregate scores from the English Language Arts, Mathematics, and Algebra I value-added models.

2. The ratings for the English Language Arts, Mathematics, and Algebra I value-added models are as follows:

a. Highly Effective. A highly effective rating is demonstrated by a value-added score of greater than zero (0), where all of the scores contained within the associated 95-percent confidence interval also lie above zero (0).

b. Effective. An effective rating is demonstrated by the following:

(I) A value-added score of zero (0);

(II) A value-added score of greater than zero (0), where some portion of the range of scores associated with a 95-percent confidence interval lies at or below zero (0); or

(III) A value-added score of less than zero (0), where some portion of the range of scores associated with both the 68-percent and the 95-percent confidence interval lies at or above zero (0).

c. Needs Improvement, or Developing if the teacher has been teaching for fewer than three (3) years. A needs improvement or developing rating is demonstrated by a value-added score that is less than zero (0), where the entire 68-percent confidence interval falls below zero (0), but where a portion of the 95-percent confidence interval lies above zero (0).

d. Unsatisfactory. An unsatisfactory rating is demonstrated by a value-added score of less than zero (0), where all of the scores contained within the 95-percent confidence interval also lie below zero (0).

History

• Rulemaking Authority 1001.02(1), (2)(n), 1012.34(7)-(8) FS. Law Implemented 1012.34 FS. History–New 9-9-15, Amended 4-30-18, 3-15-22, 4-30-24, 5-21-26.

Fla. Admin. Code R. 6A-5.051 Approval of Teacher Education Programs

History

• Rulemaking Authority 229.053(1), 231.02, 231.17, 231.24, 231.603(3), 236.0811(2), 240.539 FS. Law Implemented 230.23(1), 231.02, 231.17, 231.24, 231.603, 236.0811, 240.529 FS. History–New 11-25-75, Amended 4-10-79, Formerly 6A-5.51, Repealed 7-2-98.

Fla. Admin. Code R. 6A-5.052 Purposes for Approving Teacher Education Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.17(1)(d), 236.0811 FS. History–New 11-25-75, Formerly 6A-5.52, Repealed 7-2-98.

Fla. Admin. Code R. 6A-5.053 Relationship Between Teacher Education Program Approval and Teacher Certification

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.17(1)(d), 236.0811 FS. History–New 11-25-75, Formerly 6A-5.53, Repealed 7-2-98.

Fla. Admin. Code R. 6A-5.054 Responsibilities for Teacher Education Program Program Approval

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.17(1)(d), 236.0811 FS. History–New 11-25-75, Formerly 6A-5.54, Repealed 7-2-98.

Fla. Admin. Code R. 6A-5.055 Definitions

History

• Rulemaking Authority 229.053(1), 231.603(3), 236.0811(2), 240.529 FS. Law Implemented 231.17, 231.24, 231.603, 236.0811, 240.529 FS. History–New 11-25-75, Amended 4-10-79, 7-9-84, Formerly 6A-5.55, Repealed 7-2-98.

Fla. Admin. Code R. 6A-5.056 Criteria for Suspension and Dismissal

Just cause” means cause that is legally sufficient. Each of the charges upon which just cause for a dismissal action against specified school personnel may be pursued are set forth in Sections 1012.33 and 1012.335, F.S. In fulfillment of these laws, the basis for each such charge is hereby defined:

(1) “Immorality” means conduct that is inconsistent with the standards of public conscience and good morals. It is conduct that brings the individual concerned or the education profession into public disgrace or disrespect and impairs the individual’s service in the community.

(2) “Misconduct in Office” means one or more of the following:

(a) A violation of the Code of Ethics of the Education Profession in Florida as adopted in Rule 6A-10.080, F.A.C.;

(b) A violation of the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6A-10.081, F.A.C.;

(c) A violation of the adopted school board rules;

(d) Behavior that disrupts the student’s learning environment; or

(e) Behavior that reduces the teacher’s ability or his or her colleagues’ ability to effectively perform duties.

(3) “Incompetency” means the inability, failure or lack of fitness to discharge the required duty as a result of inefficiency or incapacity.

(a) “Inefficiency” means one or more of the following:

1. Failure to perform duties prescribed by law;

2. Failure to communicate appropriately with and relate to students;

3. Failure to communicate appropriately with and relate to colleagues, administrators, subordinates, or parents;

4. Disorganization of his or her classroom to such an extent that the health, safety or welfare of the students is diminished; or

5. Excessive absences or tardiness.

(b) “Incapacity” means one or more of the following:

1. Lack of emotional stability;

2. Lack of adequate physical ability;

3. Lack of general educational background; or

4. Lack of adequate command of his or her area of specialization.

(4) “Gross insubordination” means the intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority; misfeasance, or malfeasance as to involve failure in the performance of the required duties.

(5) “Willful neglect of duty” means intentional or reckless failure to carry out required duties.

(6) “Drunkenness” applies only to persons who hold a contract issued on or before July 1, 1984, and means:

(a) That condition which exists when an individual publicly is under the influence of alcoholic beverages or drugs to such an extent that his or her normal faculties are impaired; or

(b) Conviction on the charge related to drunkenness by a court of law.

(7) Multiple annual performance ratings of unsatisfactory or needs improvement as specified in Section 1012.33(1)(a), F.S.

(8) “Crimes involving moral turpitude” means offenses listed in Section 1012.315, F.S., and the following crimes:

(a) Section 775.085, F.S., relating to evidencing prejudice while committing offense, if reclassified as a felony.

(b) Section 782.051, F.S., relating to attempted felony murder.

(c) Section 782.09(1), F.S., relating to killing of unborn quick child by injury to mother.

(d) Section 787.06, F.S., relating to human trafficking.

(e) Section 790.166, F.S., relating to weapons of mass destruction.

(f) Section 838.015, F.S., relating to bribery.

(g) Section 847.0135, F.S., relating to computer pornography and/or traveling to meet a minor.

(h) Section 859.01, F.S., relating to poisoning of food or water.

(i) Section 876.32, F.S., relating to treason.

(j) An out-of-state offense, federal offense or an offense in another nation, which, if committed in this state, constitutes an offense prohibited under Section 1012.315(6), F.S.

History

• Rulemaking Authority 1001.02, 1012.33, 1012.335 FS. Law Implemented 1012.33, 1012.335 FS. History–New 12-25-66, Amended 9-8-68, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-4.09, 6B-4.009, Amended 7-8-12.

Fla. Admin. Code R. 6A-5.060 Eligibility for Approved Preservice and Inservice Teacher Education Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.0811 FS. History–New 11-25-75, Amended 10-12-77, 7-9-84, Formerly 6A-5.60, Repealed 7-2-98.

Fla. Admin. Code R. 6A-5.0601 Standards for Approving Preservice and Inservice Teacher Education Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.17, 236.0811, 240.529 FS. History–New 7-15-84, Formerly 6A-5.601, Amended 10-30-90, Repealed 7-2-98.

Fla. Admin. Code R. 6A-5.061 Procedures for Approving Preservice and Inservice Teacher Education Programs

History

• Rulemaking Authority 229.053(1), 231.17 FS. Law Implemented 231.17, 231.600, 231.601, 231.602, 231.603, 231.605, 231.606, 231.607, 231.608, 231.609, 236.0811, 240.529 FS. History–New 11-25-75, Amended 7-9-84, 3-11-85, Formerly 6A-5.61, Repealed 7-2-98.

Fla. Admin. Code R. 6A-5.062 Administration and Organization of Preservice Teacher Education Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.15, 231.17, 240.529 FS. History–New 11-25-75, Amended 4-12-78, 12-11-79, 1-3-82, 1-6-83, Formerly 6A-5.62, Repealed 7-9-84.

Fla. Admin. Code R. 6A-5.0621 Approval of Programs With Specific Criteria

History

• Rulemaking Authority 229.053(1), 231.15, 231.17(1) FS. Law Implemented 231.15, 231.17 FS. History–New 11-12-81, Amended 1-6-83, Formerly 6A-5.621, Repealed 7-2-98.

Fla. Admin. Code R. 6A-5.0622 The Florida Teacher Certification Examination for Education Majors Prior to Graduation

History

• Rulemaking Authority 229.053(1), 231.15, 231.17 FS. Law Implemented 231.14, 231.15, 231.17 FS. History–New 1-3-82, Formerly 6A-5.622, Repealed 7-9-84.

Fla. Admin. Code R. 6A-5.063 Resources for Preservice Teacher Education Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.17(1)(d), 231.20, 236.0811 FS. History–New 11-25-75, Amended 2-10-76, Formerly 6A-5.63, Repealed 7-9-84.

Fla. Admin. Code R. 6A-5.064 Evaluation of Preservice Teacher Education Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.17, 240.539(3) FS. History–New 11-25-75, Amended 1-3-82, 1-6-83, 10-16-83, 7-9-84, Formerly 6A-5.64, Repealed 7-2-98.

Fla. Admin. Code R. 6A-5.065 The Florida Educator Accomplished Practices

(1) Purpose. The purpose of these standards is to establish and articulate Florida’s expectations for effective educators. These evidence-based standards serve as the foundational framework for educator preparation programs, certification requirements, educator evaluation systems, and the professional learning of educators throughout the state. In support of these standards, the Florida Educator Accomplished Practices Progression Plan provides additional guidance on the knowledge, skills, and competencies an educator must acquire and demonstrate to meet and advance within the standards of an accomplished educator. The creation of these standards and the accompanying progression plan is informed by Florida’s vision for high-quality education and reflects the refinement of effective educational practices for increased student achievement.

(2) The Florida Educator Accomplished Practices. Each educator upholds and applies the following standards.

(a) Standard 1: Professional Responsibilities and Ethics. The educator adheres to:

1. Guidelines for student welfare adopted pursuant to Section 1001.42(8), F.S., including the requirement to refrain from discouraging or prohibiting parental notification of and involvement in critical decisions affecting a student’s mental, emotional, or physical health or well-being, unless a reasonably prudent person would believe that disclosure would result in abuse, abandonment, or neglect as defined in Section 39.01, F.S.;

2. The rights of students and parents enumerated in Sections 1002.20, 1014.04, 1003.42(3)(a), F.S.;

3. The Principles of Professional Conduct of the Education Profession of Florida, pursuant to Rule 6A-10.081, F.A.C.; and

4. Laws, policies, and professional norms through the timely completion and application of certification and professional learning requirements.

(b) Standard 2: Professional Learning, Content Knowledge, and Pedagogy. The educator:

1. Engages in relevant professional learning to continuously improve content knowledge and instruction grounded in the cognitive science of learning;

2. Embeds content knowledge and grade-level benchmarks into instructional practices; and

3. Reflects on instructional effectiveness for professional growth.

(c) Standard 3: Preparation and Planning. The educator:

1. Plans evidence-based instruction for students to retain knowledge, think critically, and apply learning;

2. Prepares instruction aligned to learning goals, assessments, student learning outcomes, and Florida’s state academic standards; and

3. Analyzes student work to plan and adjust instruction.

(d) Standard 4: Learning Environment. The educator:

1. Communicates high expectations for all students;

2. Implements clear rules and routines;

3. Organizes and manages students, classroom resources, time, and space; and

4. Adapts the learning environment with appropriate support to meet the needs of all students while ensuring consistency with Section 1000.071, F.S.

(e) Standard 5: Instructional Delivery. The educator:

1. Maintains an appropriate instructional pace that maximizes student learning time;

2. Uses high-impact instructional practices grounded in the principles of the cognitive science of learning;

3. Checks for understanding to adapt instruction as needed; and

4. Delivers timely, specific, and actionable feedback.

(f) Standard 6: Data and Assessment. The educator:

1. Knows and understands how to assess student mastery of academic standards;

2. Analyzes data from multiple sources to inform instruction; and

3. Monitors student progress, provides feedback, and communicates outcomes to parents and students.

(3) The Florida Educator Accomplished Practices Progression Plan, effective August 2026, (http://flrules.org/Gateway/reference.asp?No=Ref-19727) is hereby incorporated by reference and made a part of this rule.

History

• Rulemaking Authority 1004.04, 1004.85, 1012.34, 1012.56 FS. Law Implemented 1004.04, 1004.85, 1012.34, 1012.56 FS. History–New 7-2-98, Amended 2-13-11, 11-22-22, 2-21-23, 5-23-23, 8-22-23, 8-25-26.

Fla. Admin. Code R. 6A-5.066 Approval of Teacher Preparation Programs

This rule sets forth the requirements and implementation of the approval process for each type of teacher preparation program offered by a Florida provider as set forth in Sections 1004.04, 1004.85, 1012.552, and 1012.56(8), F.S.

(1) Definitions. For the purposes of this rule, the following definitions apply.

(a) “Academic year” means the period of year during which program candidates attend or complete a state-approved teacher preparation program. This includes summer term, fall term, and spring term.

(b) “Annual demonstration of experience in a relevant prekindergarten through Grade 12 (P-12) school setting” means P-12 school-based experiences occurring yearly that are related to and in a subject matter and grade level setting that are covered by the certification necessary for the field experience course(s) or internships that the program faculty is assigned to teach or supervise. Examples include, but are not limited to, co-teaching with a P-12 educator or providing P-12 instruction directly to P-12 students.

(c) “Annual Program Performance Report” or “APPR” means the yearly public report card issued by the Florida Department of Education (Department) for a state-approved teacher preparation program that includes results of outcome-based performance metrics specified in subsection (6) of this rule.

(d) “At-Risk of Low-Performing” means an institution identified as At-Risk of Low-Performing by having an average summative annual APPR rating between 1.80 to 1.94. This rating is based upon an average of all APPR scores within the continued approval period and across the provider’s state approved teacher preparation programs which is weighted by the total number of completers used in the annual calculation of the APPR and excludes years where the APPR was calculated per paragraph (6)(e) of this rule.

(e) “Candidate Readiness based on passage rates on educator certification examinations under Section 1012.56, F.S., as applicable” means the score that is based on the performance of completers on required assessments for program completion, as measured by first and second attempt pass rates.

(f) “Clinical Experiences” mean activities associated with an instructional personnel’s role that are conducted in prekindergarten through Grade 12 classroom settings as directed by a state-approved teacher preparation program.

(g) “Cohort” means a group of program completers who successfully satisfied all teacher preparation program requirements at any point during the academic year.

(h) “Content major” means the academic discipline to which a postsecondary student formally commits, e.g., mathematics, biology, history.

(i) “Continued approval” means that subsequent to an initial approval, a teacher preparation program has been granted the authority to operate for a seven-year period.

(j) “eIPEP” or “electronic Institutional Program Evaluation Plan” means a Department-maintained web-based tool for collection and reporting of candidate and completer performance data on state-approved teacher preparation programs.

(k) “Educator preparation institutes” or “EPIs” mean all Florida postsecondary or qualified private providers that provide instruction for non-education baccalaureate or higher degree holders under Section 1004.85, F.S., and result in qualification for an initial Florida Professional Educator’s Certificate.

(l) “Equivalent program” means a teacher preparation program that is offered by more than one provider that prepares candidates in the same specific educator certification subject area(s).

(m) “Florida Educator Accomplished Practices” mean those practices described in subsection (2) of Rule 6A-5.065, F.A.C., which is incorporated herein by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-04963).

(n) “High Demand Teacher Needs areas” mean the specific certification areas in high-need content areas and high-priority location areas that are identified annually by the State Board of Education pursuant to Rule 6A-20.0131, F.A.C., in accordance with Section 1012.07, F.S.

(o) “High-performing schools” mean schools with a school grade of A or B.

(p) “Improving schools” mean schools that have improved a letter grade from the previous year.

(q) “In-field teacher” means an instructional employee assigned duties in a classroom teaching subject matter or providing direct support in the learning process of students in the area in which the instructional personnel is trained and certified.

(r) “Initial approval” means that a new teacher preparation program has been granted the authority to operate for a seven-year period.

(s) “Initial teacher preparation programs” or “ITPs” mean all programs offered by Florida postsecondary institutions that prepare instructional personnel under Section 1004.04, F.S., and result in qualification for an initial Florida Professional Educator’s Certificate.

(t) “Instructional position” means any full-time or part-time position held by a K-12 staff member whose function includes the provision of direct instructional services to students or provides direct support in the learning process of students as prescribed in Section 1012.01(2)(a)-(d), F.S., but not including substitute teachers.

(u) “Low-Performing Institutions” means an institution who is identified as low-performing by having an average summative annual APPR rating that is at or below a 1.79. This rating is based upon an average of all APPR scores within the continued approval period and across the provider’s state approved teacher preparation programs and excludes years where the APPR was calculated per paragraph (6)(e) of this rule.

(v) Performance of Prekindergarten-12 students on statewide assessments using results of student learning growth formula per Section 1012.34, F.S., or “Impact on Student Learning” means that the score is based on the performance of P-12 students assigned to in-field program completers from the previous one-year period who received a student learning growth score from the most recent academic year for which results are available.

(w) “Professional learning certification program” or “PLCP” means a program in which a school district, charter school or charter management organization may provide instruction for members of its instructional staff who are non-education baccalaureate or higher degree holders under Section 1012.56(8), F.S., and results in qualification for an initial Florida Professional Educator’s Certificate.

(x) “Program candidate” means an individual who has been admitted into and is currently enrolled in, but has not yet completed a teacher preparation program that prepares instructional personnel to meet the qualifications for a Florida Professional Educator’s Certificate.

(y) “Program completer” means an individual who has satisfied all teacher preparation program requirements and who meets the qualifications for the Florida Professional Educator’s Certificate. For purposes of this definition, all required Florida Teacher Certification Examinations (FTCE) must be passed prior to the graduation or commencement date, as documented on the completer’s official transcript.

(z) “Program completer in need of remediation” means an individual who is employed in an instructional position in a Florida public school during the first two (2) years immediately following completion of the program or following initial certification, whichever occurs first, and who earns an evaluation result of developing or unsatisfactory on the school district’s evaluation system implemented under Section 1012.34, F.S.

(aa) “Provider” means a Florida postsecondary institution, private provider, school district, charter school, or charter management organization.

(bb) “Reading endorsement competencies” mean those standards described in Rule 6A-4.0163, F.A.C.

(cc) “Results of program completers’ annual evaluations as specified in Section 1012.34, F.S.,” mean that scores are based on program completers from the previous one-year period who received an annual evaluation rating from the most recent academic year in accordance with Section 1012.31(3)(a)2., F.S.

(dd) “Teacher preparation program” means a state-approved course of study, the completion of which signifies that the candidate has met all training and assessment requirements for initial certification to provide direct instructional services to P-12 students.

(ee) “Two-year guarantee” means that an initial teacher preparation program (ITP) must provide assurance of the high quality of its program completers during the first two (2) years immediately following completion of the program or following the initial certification of the program completer, whichever occurs first, as specified in Section 1004.04(4)(d), F.S.

(ff) “Workforce Contribution rate” means the number of program completers placed in Florida public and private schools and out-of-state P-12 schools in the first academic year subsequent to program completion with additional weight given to production of program completers in statewide High Demand Teacher Needs areas.

(2) Standards for approval of teacher preparation programs.

(a) The following standards must be met for a provider to receive initial and continued approval of a teacher preparation program:

1. Institutional program providers must meet accreditation requirements per subsection (1) of Rule 6A-4.003, F.A.C.;

2. Private, non-institutional EPI program providers must receive approval from the Commission For Independent Education, under Chapter 1005, F.S., or demonstrate that the program is exempt from the Commission’s approval under Section 1005.06, F.S., to operate in the State of Florida to offer a degree, diploma or certificate program;

3. The program admits high-quality teacher candidates who meet state-mandated admission requirements and show potential for the teaching profession;

4. The program ensures that candidates and completers are prepared to instruct prekindergarten through grade 12 (p-12) students to meet high standards for academic achievement including:

a. The use of high-quality instructional materials as defined by the curricular materials on the Commissioner of Education’s state-adopted list of materials for any adoption cycle as found at www.fldoe.org/academics/standards/instructional-materials/; and

b. Candidates in a state-approved teacher preparation program must utilize the materials on lesson preparation and implementation to positively impact student outcomes.

5. The program ensures that candidates satisfy the following additional requirements:

a. Beginning in the 2022-2023 academic year, candidates entering a teacher preparation program in a coverage area identified in Rule 6A-4.0051(7), F.A.C., must successfully complete all competencies required for a reading endorsement, which consists of reading endorsement competencies one (1) through five (5), to complete the program.

b. Candidates entering a teacher preparation program in exceptional student education (K-12) must be prepared in reading endorsement competencies one (1) through four (4). Beginning in the 2025-2026 academic year, candidates entering a teacher preparation program in exceptional student education (K-12) must successfully complete all competencies required for a reading endorsement to complete the program.

c. Candidates in teacher preparation programs not included in sub-subparagraphs (2)(a)5.a.-b. of this rule, must be prepared in reading endorsement competencies one (1) and two (2).

d. ITP candidates in prekindergarten-primary (age 3-Grade 3), elementary (K-6), middle grades English (5-9), English (6-12) and exceptional student education (K-12) certification programs must have completed the requirements for teaching limited English proficient students in Florida public schools by meeting the requirements specified in Rule 6A-4.0244, F.A.C., Specialization Requirements for the Endorsement in English for Speakers of Other Languages.

e. ITP candidates in teacher preparation programs not included in sub-subparagraph (2)(a)5.d. of this rule, must have completed a college or university level 3-credit hour overview or survey course which addresses the areas specified in Rule 6A-4.02451, F.A.C., Performance Standards, Skills, and Competencies for the Endorsement in English for Speakers of Other Languages.

6. The program ensures high-quality field and clinical experiences, including feedback and support for each program candidate, and provides candidates with opportunities to demonstrate the ability to positively impact student learning growth. Beginning with candidates entering an EPI program in the 2023-2024 academic school year:

a. A candidate who is not serving as a teacher of record upon admittance into an EPI program must complete a minimum of sixty (60) hours of field experiences, as defined in paragraph (1)(l) of this rule, prior to serving as the teacher of record; or

b. A candidate who is serving as a teacher of record upon admittance into an EPI program must complete a minimum of sixty (60) hours of field experiences as defined in paragraph (1)(l) of this rule. The candidate may complete these experiences within the candidate’s school setting and the candidate must demonstrate competency in all program requirements; and

7. The program supports continuous improvement that is sustained and evidence-based and that evaluates the effectiveness of its candidates and completers.

(3) Processes for initial approval of teacher preparation programs.

(a) At least thirty (30) days prior to an application submission, the president, chief executive officer, or superintendent of a provider who seeks initial approval to offer a teacher preparation program, must notify the Florida Department of Education of its intent to submit an application for state-approval of a teacher preparation program.

(b) A provider must submit an application by January 15, April 15, July 15, or October 15, using the Florida Department of Education Initial Program Approval Standards, Form IAS-2025.

(c) The Department will conduct a review of the application submitted to the Department and notify the provider in writing of the following:

1. Receipt of the application.

2. Missing or deficient elements within thirty (30) days of receipt and provide a period of ten (10) business days for the provider to submit supplemental information or documentation to address the deficit(s).

3. Within ninety (90) days of receipt of a completed application, the approval or denial of each program.

a. An approval notice will provide the program with an initial approval period of seven (7) years.

b. A denial notice must identify the reason(s) for the denial and the deficiencies. A program that receives a denial may reapply for initial approval in accordance with this subsection.

(4) Reporting requirements for state-approved teacher preparation programs.

(a) State-approved teacher preparation programs must report the following data to the Department:

1. Each provider must annually submit program candidate and completer data to the Department’s secure management information system.

2. All state-approved teacher preparation programs referenced in Sections 1004.04, F.S., must annually report via the Department’s eIPEP platform results of employer and completer satisfaction surveys measuring the preparation of completers for the realities of the classroom and the responsiveness of the program to local school districts.

3. All PLCP programs approved per Section 1012.56(8), F.S., must annually report via the Department’s eIPEP platform located at https://www.florida-eipep.org/ program performance management data based on information provided by the program on the Florida Department of Education Initial Program Approval Standards Form IAS-2025.

(5) Requirements and processes for continued approval of teacher preparation programs.

(a) Continued approval entails requirements that are scored and requirements that are not scored. The requirements for continued approval that are not scored are as follows:

1. The program has procedures or processes to ensure annual continuous improvement and to review and make modifications if needed to maintain compliance with statutory changes. Reporting instructions to the Department for these procedures will be posted at https://www.fldoe.org/teaching/preparation/continued-approval.stml. Except for programs in High Demand Teacher Needs areas as defined in paragraph (1)(n), the program has at least one completer within the last three (3) years of the continued approval period;

2. Since initial approval, the provider has annually met the reporting requirements under subsection (4);

3. A provider has submitted the Florida Department of Education Continued Approval, Form CA-2025, during the last year of approval and at least sixty (60) days before a site visit; and

4. Based upon the information provided on Continued Approval Form CA-2025, the provider demonstrates that it meets the following requirements:

a. The provider admits candidates that meet the state-mandated requirements;

b. A provider with a state-approved initial teacher preparation program or an educator preparation institute provides a certification ombudsman;

c. The provider only authorizes program candidates as completers if the individual has demonstrated positive impact on student learning growth in their certification subject area and satisfied all portions of the Florida Teacher Certification Examinations;

d. A provider with an initial teacher preparation program monitors and remediates program completers who are referred by the employing school district during the first two (2) years immediately following program completion (2-year guarantee);

e. The provider ensures that personnel who supervise, instruct, or direct candidates during field experience courses and internships meet the state-mandated qualifications;

f. The provider collects and uses multiple sources of data to monitor program progress and performance, including a formal system for continuous program improvement that includes stakeholders;

g. A provider with a state-approved initial teacher preparation program uses the results of employer and program completers’ satisfaction surveys designed to measure the sufficient preparation of program completers and measuring the institution’s responsiveness to local school districts, to drive programmatic improvement; and

h. Any state-approved teacher preparation program approved per Section 1012.56(8), F.S., uses program performance management data to drive programmatic improvements based on information provided by the program on the Florida Department of Education Initial Program Approval Standards Form IAS-2025.

(b) The requirements for continued approval that are scored are the Annual Program Performance Report (APPR), Continued Approval Site Visit and Evidence of Programmatic Improvement.

(6) Annual Program Performance Report (APPR).

(a) The Department must annually issue an APPR. The APPR is composed of Candidate Readiness, Workforce Contribution, Impact on Student Learning, and Annual Evaluations. Performance metrics not applicable to a program will not be rated. ITPs will receive annual APPR summative rating scores, known as Initial Teacher Preparation Summative APPR, averaged across all of the provider’s state-approved initial teacher preparation programs. The rating score is then weighted by the total number of completers used in the annual calculation of the APPR summative rating. The Initial Preparation Summative APPR ranges between 1.0 and 4.0.

(b) For purposes of calculating program completer pass rates on the Florida Teacher Certification Examinations (FTCE), any candidate who satisfies an examination or subtest requirement pursuant to s. 1012.56, F.S., including through waiver or exemption, shall be counted as having passed that requirement. Any prior unsuccessful attempt on the examination or subtest shall not be included in the calculation of pass rates.

(c) For the Workforce Contribution rate metric, included completers employed in Florida public schools are identified by the Department’s Staff Information System, as prescribed in Section 1008.385(2), F.S. Program completers employed in a private or out-of-state P-12 school are included in the metric if data are reported by the program and have been verified by the Department. The total number of completers will be reduced if a program provides documentation of a completer’s death or disability.

(d) Each performance metric appropriate for a program will receive a performance level score ranging from one (1) to four (4) that is based on the performance level target points established as follows:

Performance Metrics

Level 4

Performance

Target (4 points)

Level 3

Performance

Target (3 points)

Level 2

Performance

Target (2 points)

Level 1

Performance

Target (1 point)

Candidate Readiness based on passage rates on educator certification examinations, as applicable, under Section 1012.56, F.S.

Program completer pass rates on Florida Teacher Certification Examinations (FTCE) without subtests are at or above 90% on first and second attempts. If a program has multiple FTCE, the performance level is averaged.

Program completer pass rates on FTCE without subtests are at or above 80% and less than 90% on first and second attempts. If a program has multiple FTCE, the performance level is averaged.

Program completer pass rates on FTCE without subtests are at or above 65% and less than 80% on first and second attempts. If a program has multiple FTCE, the performance level is averaged.

Program did not meet criteria for Level 2, 3, or 4.

Program completer pass rates on FTCE with subtests are at or above 75% on first and second attempts. If a program has multiple FTCE, the performance level is averaged.

Program completer pass rates on FTCE with subtests are at or above 65% and less than 75% on first and second attempts. If a program has multiple FTCE, the performance level is averaged.

Program completer pass rates on FTCE with subtests are at or above 50% and less than 65% on first and second attempts. If a program has multiple FTCE, the performance level is averaged.

Program did not meet criteria for Level 2, 3, or 4.

Workforce Contribution- Rate

Workforce contribution rate is at or above 90% following the first year of completion with a .5-point value for out-of-state employment, a 1.0-point value for in-state employment, and 1.5-point value for completers of High Demand Teacher Needs certification areas employed in-state.

Workforce contribution rate is 89% to 60% following the first year of completion with a .5-point value for out-of-state employment, a 1.0-point value for in-state employment, and 1.5-point value for completers of High Demand Teacher Needs certification areas employed in-state.

Workforce contribution rate is 59% to 30% following the first year of completion with a .5-point value for out-of-state employment, a 1.0-point value for in-state employment, and 1.5-point value for completers of High Demand Teacher Needs certification areas employed in-state.

Program did not meet criteria for Level 2, 3, or 4.

Impact on Student Learning

The average student learning growth score among students taught by program completers (Value-Added Model [VAM] score) is rated as highly effective as described in Rule 6A-5.0411, F.A.C.

Program did not meet criteria for level 4 or level 1.

Not calculated.

The average student learning growth score among students taught by program completers (VAM score) is rated as unsatisfactory as described in Rule 6A-5.0411, F.A.C.

Results of program completers’ annual evaluations as specified in Section 1012.34, F.S.

At least 50 percent of the program’s completers received a highly effective rating and 100 percent of the program’s completers received either highly effective or effective ratings, and no completers were rated unsatisfactory.

Program did not meet criteria for Level 4, but at least 90 percent of the program’s completers received either highly effective or effective ratings.

Program did not meet criteria for Level 3, but at least 70 percent of the program’s completers received a highly effective or effective ratings.

Program did not meet criteria for Level 2, 3, or 4.

(e) Each APPR will include a summative rating score between 1.0 and 4.0 that is weighted between all performance target level scores received by a program. The summative rating score for the program is weighted and calculated as follows: Candidate Readiness (30%), Impact on Student Learning (20%), Workforce Contribution (30%), and Annual Evaluations (20%). If a program does not receive a score in one or more of the performance metrics, the weight of the unscored metric(s) will be evenly distributed among the scored metrics. The minimum requirements to receive a score for each performance metric are as follows:

1. For the Candidate Readiness metric, the program must have one (1) or more completers in the cohort;

2. For the Impact on Student Learning metric, the program must have three (3) or more completers in the cohort;

3. For the Workforce Contribution metric, the program must have three (3) or more completers in the cohort; and

4. For the Annual Evaluation metric, the program must have three (3) or more completers in the cohort.

(f) An ITP program that does not earn a score in the Candidate Readiness and Workforce Contribution metrics will receive an APPR of 1.0 except an ITP in its first two (2) years of initial approval. An ITP program in the first two (2) years of initial approval will receive an APPR if the program does not earn a score in Candidate Readiness and Workforce Contribution metrics.

(g) EPIs and PLCPs that do not earn a score in the Workforce Contribution metric will receive an APPR of 1.0 except EPIs and PLCPs in their first two (2) years of initial approval. EPIs and PLCPs in the first two (2) years of initial approval will receive an APPR if the program does earn a score in the Workforce Contribution metrics.

(h) The provider must have thirty (30) business days from the date the Department transmitted the APPR data to review the data on its program completers and summative rating scores, and provide the Department with documentation supporting an error or omission. The Department must review the documentation and notify the provider within fifteen (15) business days of receipt of the supporting documentation of any change to the APPR data and scores.

(7) Continued Approval Site Visit.

(a) Each approved program must receive a site visit during the final year of the continued approval period. If a provider has state-approved ITP and EPI programs, each type will receive a site visit. A program with fewer than ten (10) candidates will receive a virtual or hybrid site visit due to program size unless the provider has additional programs receiving an in-person site visit. For programs with ten (10) or more candidates a site visit may be conducted in-person, virtual, or hybrid. A provider may utilize an accrediting entity nationally recognized by the Council for Higher Education Accreditation (CHEA) site visit if the following conditions have been met:

1. The provider’s continued approval summative average APPR rating is at or above 3.0;

2. The provider received a site visit in 2019 or later by the Department and received an average site visit rating at or above Good on the Florida Site Visit Framework; and

3. The provider has been accredited for at least two (2) years by the accrediting entity nationally recognized by CHEA.

(b) Each approved program provider identified either as a low-performing program as defined in paragraph (1)(u) of this rule for two (2) consecutive years or as at-risk of low-performing for three (3) consecutive years as defined in paragraph (1)(d) of this rule must receive a site visit using the Florida Site Visit Framework, Form FSVF-2024, create an evidence-based improvement plan and submit annual evidence via the eIPEP platform in order to maintain state approval.

(c) Site visits will be conducted utilizing the Florida Site Visit Framework, Form FSVF-2024. Review Areas 2 (Quality of Clinical Placement, Feedback, and Candidate Performance) and 3 (Quality of Program Performance Management) will be conducted at the provider level. Review Area 1 (Quality of Content Knowledge and Teaching Methods) will be conducted at the program level. The programs for review will be selected based on the following criteria:

1. Elementary Education program;

2. Largest enrolled program;

3. Second largest enrolled program; and

4. Low performing programs based on APPR performance metrics.

(d) At least sixty (60) days prior to the site visit, the provider must submit a self-assessment report to the Department via the eIPEP platform located at https://www.florida-eipep.org/ that describes the program’s strengths, areas for improvement and programmatic improvement efforts for the areas noted in paragraph (7)(c).

(e) During the site visit for state-approved ITP and EPI programs, using the Florida Site Visit Framework, Form FSVF-2024, the provider will be reviewed and scored to determine the extent to which it:

1. Ensures that candidates and completers are prepared to instruct prekindergarten through grade 12 (p-12) students to meet high standards for academic achievement (Review Area 1 on Form FSVF-2024);

2. Ensures high-quality field and clinical experiences, including feedback and support for each program candidate, and provides candidates with opportunities to demonstrate the ability to positively impact student learning growth (Review Area 2 on Form FSVF-2024); and

3. Supports continuous improvement that is sustained and evidence-based and that evaluates the effectiveness of its candidates and completers (Review Area 3 on Form FSVF-2024).

(f) Each of the three site visit review areas found in paragraph (7)(c), must be scored. If multiple ITP programs are being reviewed, Review Area 1 will be averaged in order to obtain the final score for this area. A score of one (1) indicates the review area is inadequate, a score of two (2) indicates the area is needs improvement, a score of three (3) indicates the area is good, a score of four (4) indicates the area is strong.

(g) Prior to issuance of a final site visit report by the Department, a preliminary site visit report will be provided to the provider in order to afford the provider the opportunity to provide clarifying information.

(h) If providers utilize the nationally recognized accrediting entity for the site visit option, providers must submit the final site visit report to the Department’s eIPEP platform at https://www.florida-eipep.org/ within thirty (30) business days of receipt.

(8) Evidence of Programmatic Improvement.

(a) Within thirty (30) business days of the provider’s receipt of the final site visit report, the provider must submit an improvement plan to the Department via the eIPEP platform located at https://www.florida-eipep.org/. The improvement plan must specify at least three (3) improvement goals strategies for achieving these goals and describe the evidence that will be used to measure progress towards these goals.

(b) By June 1 for providers with fall site visits, or December 1 for those with spring site visits, the provider must provide to the Department a progress report that includes evidence measuring progress towards the goals identified in the improvement plan. The progress report will be submitted via the eIPEP platform located at https://www.florida-eipep.org/.

(9) Continued Approval Summative Score and Ratings.

(a) The Department must determine the Continued Approval Summative Score for all programs based on the following components:

1. APPR Average Summative Rating: The annual APPR summative rating scores are averaged across all of the provider’s state-approved teacher preparation programs within the continued approval period; each rating score is then weighted by the total number of completers used in the annual calculation of the APPR summative rating. The APPR Average Summative Rating ranges between 1.0 and 4.0.

2. Continued Approval Site Visit Rating: The average of all scores issued for each review area as specified in paragraph (7)(e). The continued approval site visit rating ranges between 1.0 and 4.0.

3. Evidence of Programmatic Improvement Rating: A progress report that includes evidence of progress towards achieving the goals set by the provider in its improvement plan will receive a rating of four (4); lack of evidence of progress will yield a rating of one (1).

(b) In order to calculate the continued approval summative score, the weights for each component of the continued approval summative score are 50% for the APPR Average Summative Rating, 20% for the Continued Approval Site Visit Rating, and 30% for Evidence of Programmatic Improvement Rating. For example, if a program received the following three (3) scores in each of the components: APPR Average Summative Rating of 3.2, Continued Approval Site Visit Rating of 3, and Evidence of Programmatic Improvement Rating of 4, the continued approval summative score would be (.50 * 3.2)+(.20 * 3)+(.30 * 4) = 3.4. If providers utilize a nationally recognized accrediting entity for the site visit option, the weights for each component of the continued approval summative score are 70% for the APPR Average Summative Rating and 30% for Evidence of Programmatic Improvement Rating.

(c) The continued approval summative score rating scale is as follows:

1. Full Approval with Distinction rating: the program has earned a continued approval summative score of above 3.5.

2. Full Approval rating: the program has earned a continued approval summative score of 2.4 to 3.5.

3. Denial of Approval rating: the program has earned a continued approval summative score that is below 2.4. A program that receives a denial of approval rating may reapply for initial approval as specified in subsection (3) of this rule.

(10) Professional Training Option for Content Majors.

(a) A postsecondary institution with an approved initial teacher preparation program (ITP) pursuant to subsection (3) of this rule, must obtain the approval of the Department in order to offer a Professional Training Option program for content majors attending its institution. An institution seeking approval must submit its request in writing to the Department.

(b) Upon completion of the Professional Training Option, the individual must have satisfied professional preparation course work as prescribed in subsection (2) of 6A-4.006, F.A.C., as well as:

1. Received training in the Florida Educator Accomplished Practices;

2. Received training in reading endorsement competencies one (1) and two (2); and,

3. Completed integrated school-based observation/participation field experiences associated with all competencies covered in the Professional Training Option.

(c) To receive approval, the institution must provide evidence of a series of courses that accomplish the required training and field experiences listed in paragraph (10)(b) of this rule. Upon receiving approval, an institution will not be required to resubmit its Professional Training Option for re-approval unless the competencies in subparagraphs (10)(b)1.-2. of this rule, or the requirements in subsection 6A-4.006(2), F.A.C., are changed.

(d) In order to maintain approval, an institution must:

1. Report to the Department annually the number of participants enrolled in the program and the number of program completers;

2. Provide an endorsement of transcripts for each individual who completes the Professional Training Option; and,

3. Maintain compliance with the requirements pursuant to paragraph (10)(b) of this rule.

(11) Notwithstanding an applicant’s deficiency in meeting the requirements for continued approval set forth in subsections (5) – (8) of this rule, the Commissioner is authorized to grant continued approval of a teacher preparation program where the applicant demonstrates that all statutory requirements are met; the failure to meet a requirement found in subsection (5) of this rule, is temporary or beyond the control of the applicant; and the Commissioner determines that the deficiency does not impair the ability of the provider to prepare effective instructional personnel.

(12) Program Requirements.

(a) Pursuant to ss. 1004.04(2)(e)1., 1004.85(2)(a)6., 1012.56(8)(b)1., 1012.551, F.S., ITP, EPI, PLCP, and Coaching for Educator Readiness and Teaching Certification (CERT) program courses, curriculum and instruction must not:

1. Violate s. 1000.05, F.S.

2. Distort significant historical events. Distortion of historical events in curriculum and instruction is the presentation or the assignment of instructional resources or learning activities that give a misleading or false account or impression. Examples of theories that distort historical events and are inconsistent with State Board-approved standards include the denial or minimization of the Holocaust and the teaching of Critical Race Theory (CRT). CRT is the theory that racism is not merely the product of prejudice, but that racism is embedded in American society and its legal systems in order to uphold the supremacy of white persons.

3. Promote identity politics. Promoting identity politics is the presentation of or the assignment of instructional resources or learning activities that promote the theory that an individual adheres to a particular political viewpoint based on one’s race, color, national origin, sex, disability, religion, or marital status.

4. Endorse theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political, and economic inequities. For the purposes of this rule, institutions refer to the initial creation and foundational structure of the legislative, executive, and judicial branches of the United States government.

(b) ITP, EPI, and PLCP program courses, curriculum and, instruction must afford candidates the opportunity to think critically, achieve mastery of academic program content, learn instructional strategies, and demonstrate competence.

(13) The following forms are hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(a) Florida Department of Education Initial Program Approval Standards, Form IAS-2025 (http://www.flrules.org/Gateway/reference.asp?No=Ref-18008) effective May 2025.

(b) Florida Department of Education Continued Approval, Form CA-2025 (http://www.flrules.org/Gateway/reference.asp?No=Ref-18009) effective May 2025.

(c) Florida Site Visit Framework, Form FSVF-2024, effective August 2024, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16844).

History

• Rulemaking Authority 1001.02, 1004.04, 1004.85, 1012.56 FS. Law Implemented 1004.04, 1004.85, 1012.56 FS. History–New 7-2-98, Amended 8-7-00, 3-19-06, 2-17-15, 1-1-18, 4-30-18, 10-24-19, 11-23-21, 6-27-23, 9-26-23, 8-27-24, 5-13-25, 8-25-26.

Fla. Admin. Code R. 6A-5.0661 Teacher Preparation Uniform Core Curricula and Courses

(1) Purpose. Pursuant to Sections (ss.) 1012.551, 1012.552, 1004.04(2), and 1004.85, F.S., this rule sets forth the Uniform Core Curricula and outlines the requirements for foundational courses that must be included in all state-approved teacher preparation programs. A proper education is focused on the formation of a child’s character and should cultivate the virtues and discipline necessary for self-governance. Teachers should model respect for our nation’s founding documents and the ideas they contain about ordered liberty, justice, the rule of law, limited government, natural rights, and the equal dignity of all human beings.

(2) Uniform Core Curricula. The Uniform Core Curricula are the principles, standards and content set forth herein and in ss. 1012.551, 1012.552, 1004.04(2), and 1004.85, F.S., that all state-approved teacher preparation programs must provide. Beginning August 1, 2027, each state-approved teacher preparation program must provide uniform core curricula courses that satisfy the requirements found in ss. 1012.551, 1012.552, 1004.04(2), and 1004.85, F.S., are aligned with the Florida Educator Accomplished Practices, pursuant to Rule 6A-5.065, F.A.C., and meet the following requirements:

(a) Must use Florida’s state academic standards, as set forth in Section 1003.41, Florida Statutes, and Rule 6A-1.09401, F.A.C., to guide instruction in content methods courses;

(b) Must include content literacy and mathematics practices that deepen student learning, as follows:

1. Content literacy builds upon the foundational skills in the science of reading in order to read, write and communicate effectively across all disciplines and grade levels. Instructional strategies must include opportunities for students to use specific complex thinking processes within the science of reading, pursuant to Rule 6A-4.0163, F.A.C., to engage deeply with the material.

2. Mathematics practices must include opportunities for students to engage with content, build fluency around key facts and skills, and apply conceptual understanding to solve a range of challenging problems;

(c) Must include strategies to meet the needs of all students, including, but not limited to, English Language Learners, and students with disabilities, while maintaining grade-level expectations as outlined in the Florida state academic standards. Instruction in this area must include teacher candidates monitoring student needs and making instructional decisions to adapt teaching and to differentiate accordingly.

(d) Must require teacher candidates to complete mastery-based clinical experiences that are conducted in a PK-12 classroom setting appropriate for the area in which the program is approved or the area in which the candidate is seeking certification. These clinical experiences must:

1. Support candidates as they move from developing skills to demonstrating proficiency, ultimately reaching effective practice by the end of the program;

2. Require candidates to demonstrate mastery of the Florida Educator Accomplished Practices through observable performance evaluations conducted with tools aligned to the district instructional personnel evaluation system approved by the Department of Education pursuant to Rule 6A-5.030, F.A.C., and s. 1012.34, F.S.; and

3. Allow candidates to demonstrate mastery of curriculum and pedagogy through application-based tasks;

(e) Must not violate s. 1000.05, F.S.

(f) Must not distort significant historical events. Distortion of historical events in curriculum and instruction is the presentation or the assignment of instructional resources or learning activities that give a misleading or false account or impression. Examples of theories that distort historical events and are inconsistent with State Board-approved standards include the denial or minimization of the Holocaust and the teaching of Critical Race Theory (CRT). CRT is the theory that racism is not merely the product of prejudice, but that racism is embedded in American society and its legal systems in order to uphold the supremacy of white persons.

(g) Must not promote identity politics. Promoting identity politics is the presentation of or the assignment of instructional resources or learning activities that promote the theory that an individual adheres to a particular political viewpoint based on one’s race, color, national origin, sex, disability, religion, or marital status.

(h) Must not endorse theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States or that those institutions were created to maintain social, political, and economic inequities. For the purposes of this rule, institutions refer to the initial creation and foundational structure of the legislative, executive, and judicial branches of the United States government.

(i) Must afford candidates the opportunity to think critically, achieve mastery of academic program content, learn instructional strategies, and demonstrate competence.

(3) Required Courses. Each state-approved teacher preparation program must require teacher candidates to complete the foundational courses outlined in this subsection. These courses must include the content areas described below:

(a) Introduction to Education. The introduction to education course allows teacher candidates to demonstrate competency in the cognitive science of learning principles, which explains how the brain processes, stores, and retrieves information, and how these processes influence how people learn, remember, and apply knowledge. At a minimum, instruction in the cognitive science of learning must include the following:

1. Cognitive load theory, which explains how the brain’s limited cognition affects learning, indicating instruction should reduce unnecessary effort and focus on essential information so students can move knowledge into long-term memory and apply it flexibly.

2. Working memory, which is a limited-capacity system that temporarily holds and processes information needed for immediate tasks, such as following directions, problem solving or new learning;

3. Long-term memory, which is the system that stores knowledge, skills and experience over time. It allows learners to retain information beyond the limits of working memory and to retrieve and apply it across different situations and contexts;

4. Retrieval practice, which is the process in which students deliberately recall and apply information at an appropriate level of difficulty from memory to strengthen learning and long-term retention, making knowledge more durable and transferable, especially when spaced, interleaved and followed by feedback;

5. Attention and selective attention, which includes the process of filtering, selecting, and focusing on relevant information for deeper processing;

6. Social science of motivation and persistence, which together explains why students begin learning activities and how they sustain effort to reach their goals. The social science of motivation is driven by intrinsic and extrinsic factors that initiate, direct and sustain a student's engagement, while persistence is the continued effort to overcome challenges and setbacks supported by resiliency, encouragement, modeling and an environment that embraces mistakes as part of the learning process.

7. Background knowledge, which is the domain-specific information, skills, and experiences a student already possesses or needs; and

8. Production effect, which means that students tend to remember information better when they actively produce it, such as by saying it aloud, reading it out loud, writing it, or teaching it, instead of only processing it silently.

(b) Impact Teaching and Classroom Management. This course focuses on high-impact teaching strategies that allow teacher candidates to demonstrate competency of instructional strategies based on the Florida Educator Accomplished Practices, pursuant to Rule 6A-5.065, F.A.C. High-impact teaching strategies provide specific pedagogical skills, such as direct instruction, classroom learning environment, sustaining high expectations, active engagement in thinking and multiple exposures to content to boost student learning, achievement and outcomes.

(c) Foundations of Civil Discourse, American exceptionalism, and Western Civilization.

1. This course ensures teacher candidates possess foundational knowledge of the intellectual traditions underlying American exceptionalism, civil discourse, and Western civilization sufficient to:

a. Accurately and faithfully transmit to their students the founding principles, documents, and history of American constitutional government;

b. In their professional practice model civil discourse, reasoned argument, evidence-based inquiry, respectful disagreement, and openness to differing perspectives; and

c. Relate the intellectual and political influences that shaped the founding principles of the United States constitutional republic.

2. This course shall be designed for accessibility to teacher candidates without specialized background in political science, philosophy, or history. The course shall provide foundational instruction in the following areas:

a. The Nature and Importance of Civil Discourse, which shall address the meaning and significance of civil discourse for democratic self-government and how teachers can model and promote civil discourse in K–12 classrooms, including the distinction between civil discourse and politeness, the role of reasoned argument and evidence-based inquiry, and the importance of listening, perspective-taking, and respectful engagement with differing viewpoints.

b. The American Founding and the Constitution, which shall address the philosophical foundations of the American founding, including natural rights, consent of the governed, and the separation of powers; the Declaration of Independence as a statement of American founding principles; the Constitution of the United States, including the Bill of Rights , the system of federalism , checks and balances; and selected writings from the Federalist Papers that explain the design and purpose of the Constitution..

c. The Development of American Political Thought within the Context of Western Civilization, which shall provide a survey of the major developments in Western Civilization from ancient Greece to the present, emphasizing the ideas and movements that shaped the American founding and the United States’ constitutional republic. Topics include the influence of ancient Greece and Rome on civic participation, republicanism, representative government, and the rule of law, as well as the impact of Judeo-Christian principles such as justice, individual worth, personal responsibility, and constitutional government. The survey shall also address the Renaissance, Reformation, Enlightenment, democratic revolutions, and twentieth-century challenges to liberal democracy including totalitarianism.

d. The Common Good and the Teacher’s Vocation, which shall address the concept of the common good as developed in Western political thought, the relationship between individual rights and the common good in America’s constitutional republic, and the teacher’s role in preparing students for participation in democratic self-government.

History

• Rulemaking Authority 1004.04, 1004.85, 1012.551 FS. Law Implemented 1004.04, 1004.85, 1012.34, 1012.551, 1012.56 FS. History–New 8-25-26.

Fla. Admin. Code R. 6A-5.067 Teacher Apprenticeship Program

(1) Purpose. The purpose of this rule is to implement the Teacher Apprenticeship Program to provide an alternative pathway to enter the teaching profession as set forth in Section 1012.555, Florida Statutes (F.S.).

(2) Definitions. In this rule, the following definitions apply:

(a) “Initial Teacher Preparation Program,” also known as ITP, means a program offered by Florida postsecondary institutions to prepare instructional personnel under Section 1004.04, F.S., and Rule 6A-5.066, Florida Administrative Code (F.A.C.).

(b) “On-the-Job Training” means a formalized system of job processes, which must be augmented by related instruction, that provides the experience and knowledge necessary to meet the training objective of learning the occupation of teaching. The on-the-job training must be delivered through structured, supervised work experience under the tutelage of a teacher apprentice mentor.

(c) “Participating Employer” means the public school districts, charter schools and charter management organizations that have been approved by the Department of Education (Department) to participate in the Teacher Apprenticeship Program. The responsibility to hire, employ and pay the progressive wage structure of the teacher apprentice and the wages of the teacher apprentice mentor who is training the teacher apprentice rests with the participating employer as specified in Rule 6A-23.002(19), F.A.C.

(d) “Related Instruction” means an organized and systematic form of instruction designed to provide the teacher apprentice with knowledge of the theoretical subjects related to the apprentice’s specific occupation. For the purposes of the Teacher Apprenticeship Program, the related instruction must consist of upper division coursework applied toward the award of a baccalaureate degree that prepares the teacher apprentice for initial teacher preparation and a professional certificate as set forth in Section 1012.56, F.S.

(e) “Sponsor” means the Department; the Department administers the program on behalf of participating school districts, charter schools and charter management organizations in accordance with the Standards of Apprenticeship registered in accordance with Rule 6A-23.004, F.A.C.

(f) “Teacher Apprentice” means an individual who holds a temporary teacher apprenticeship certificate in accordance with Section 1012.56(7)(d), F.S., and Rule 6A-4.004, F.A.C., and who is employed by a participating employer and placed in the classroom of a teacher apprentice mentor using team teaching strategies to fulfill the on-the-job training component of the registered Teacher Apprenticeship Program.

(g) “Teacher Apprentice Mentor” means a teacher who is employed by and has been selected by the participating employer to serve as a mentor in the Teacher Apprenticeship Program for the on-the-job training component of the Teacher Apprenticeship Program.

(h) “Work Process” means an outline of teacher apprentice mentor supervised work experiences and on-the-job training with the allocation of approximate hours to be spent in each activity in accordance with Rule 6A-23.002(32), F.A.C.

(3) Teacher Apprentice Requirements. As a condition of participating in the program, a teacher apprentice must:

(a) Hold a temporary teacher apprenticeship certificate as provided in Section 1012.56(7)(d), F.S., subject to Rule 6A-4.004(4), F.A.C.;

(b) Be appointed by the district school board as an education paraprofessional;

(c) Commit to spending at least the first two (2) years in the classroom of a teacher apprentice mentor using team teaching strategies, and fulfilling the on-the-job training component of the registered apprenticeship and its associated standards;

(d) Complete related instruction as provided in Section 446.051, F.S., and offered by an ITP approved by the Department to provide a baccalaureate degree to a teacher apprentice.

(e) Work faithfully and diligently at the occupation while practicing safe work habits;

(f) Ensure the health, safety and welfare of students in the participating employer’s district or school;

(g) Respect and comply with all rules, regulations, and policies of the participating employer and the Department; and

(h) Keep accurate records of on-the-job training, successfully complete all related instruction lessons, assignments, and assessments, and submit properly completed records upon request.

(4) Teacher Apprentice Mentor Eligibility and Responsibilities. A classroom teacher who is selected by the participating employer to serve as a teacher apprentice mentor must:

(a) Meet the following requirements for eligibility:

1. Hold a valid professional certificate issued pursuant to Section 1012.56(7), F.S.;

2. Have at least three (3) years of teaching experience in prekindergarten through grade 12;

3. Have earned an effective or highly effective rating on the prior year’s performance evaluation under Section 1012.34, F.S.;

4. Completed a district, charter school or charter management organization clinical educator training program; and.

5. Beginning in August 2026, be certified or endorsed in reading when assigned to an individual providing instruction to students in kindergarten through grade 3 or an individual enrolled in a teacher preparation program for a certificate area identified pursuant to Rule 6A-4.0051(7), F.A.C.

(b) Mentor his or her teacher apprentice using team-teaching strategies;

(c) Observe, verify, and submit to the related instruction provider supporting evidence of demonstrating on-the-job training requirements in accordance with Rule 6A-23.004(2)(c)-(d), F.A.C.

(5) Participating Employer Responsibilities. Responsibilities of the participating employer are as follows:

(a) Agree to meet the Teacher Apprenticeship Program standards;

(b) Agree to select for the Teacher Apprentice Program only those persons who meet the following minimum requirements:

1. Have received an associate degree from an accredited postsecondary institution;

2. Have earned a cumulative grade point average of 2.5 in that degree program;

3. Have successfully passed a background screening as provided in Section 1012.32, F.S.;

4. Have been accepted by the Florida postsecondary institution that is offering the related instruction component of the program; and

5. Have received a temporary teacher apprenticeship certificate from the Department as provided in Section 1012.56(7)(d) and Rule 6A-4.004(4), F.A.C.

(c) Meet the minimum paraprofessional salary wage in the Participating Employer school district for its teacher apprentices and salary must be in accordance with Section 446.032, F.S., and Rule 6A-23.004(2)(e), F.A.C.;

(d) Establish job duties for a teacher apprentice to ensure in-classroom, on-the-job training is provided; and

(e) Monitor and ensure that teacher apprentices are acquiring knowledge and skills for instructional practice to meet high standards for academic achievement, which must include the following:

1. The practice, demonstration, and mastery of the Florida Educator Accomplished Practices as specified in Rule 6A-5.065, F.A.C.; and

2. Demonstrate all other requirements of professional preparation as specified in Rule 6A-4.006(2), F.A.C.

(f) Allow a teacher apprentice to change schools or districts after the first year of his or her apprenticeship if the hiring school or district has agreed to fund the remaining year of the apprenticeship and the hiring school or district has been approved by the Department as a participating employer. The participating employer must:

1. Notify the Sponsor of any changes as specified in Rule 6A-23.004(2), F.A.C.; and

2. Assign new teacher apprentice mentor that meets the qualifications as specified Section 1012.555(3), F.S.

(g) Subject to a legislative appropriation, a participating employer must provide a bonus to a teacher apprentice mentor. Upon completion of the first year of the apprenticeship, fifty (50) percent of the bonus amount will be awarded to the teacher apprentice mentor.

(h) Provide the remainder of the bonus to a teacher apprentice mentor at the conclusion of the apprenticeship if the following conditions are met:

1. The teacher apprentice mentor successfully guides his or her apprentice to completion of the apprenticeship program; and

2. Upon completion of the apprenticeship program, his or her apprentice is hired by a school district or charter school in Florida.

(i) Annually submit program participant data to the Department.

(6) Participating related instruction providers must:

(a) Have a state approved ITP in accordance with Section 1004.04, F.S., and Rule 6A-5.066, F.A.C.;

(b) Provide baccalaureate coursework where instruction is delivered in-person, virtually, or hybrid;

(c) Provide related instruction for the reading endorsement requirement if the coverage area is specified in Section 1012.585(3)(f), F.S., and identified in Rule 6A-4.0051(7), F.A.C.;

(d) Formulate and implement a review process for ongoing submissions of the Work Process schedule and award credit hours for the practice, demonstration and mastery of the FEAP as specified in Rule 6A-5.065, F.A.C., to meet on-the-job training requirements;

(e) Award a baccalaureate degree in Education to apprentices who successfully complete the related instruction; and

(f) be approved by the Department to offer related instruction for the Teacher Apprenticeship Program.

(7) A teacher holding a temporary teacher apprenticeship certificate as outlined in 6A-4.004, F.A.C., is not eligible to serve as a classroom teacher as defined in Section 1012.01(2)(a), F.S. or be reported as the teacher of record for funding and class size purposes, except as provided in this subsection.

(a) Prior to the successful completion of all required coursework and on-the-job training components of an approved teacher apprenticeship program, the certificate holder is ineligible to serve as a classroom teacher as defined in Section 1012.01(2)(a), F.S., or to be reported as the teacher of record for funding and class size purposes.

(b) Upon verified completion of a baccalaureate degree and all on-the-job training requirements of the approved apprenticeship program, the certificate holder may serve as a classroom teacher as defined in Section 1012.01(2)(a), F.S., and may be reported as the teacher of record for funding and class size purposes, consistent with district employment policies.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1012.555(6) FS. Law Implemented 1012.555, 1012.56(7) FS. History-New 11-21-23, Amended 8-27-24, 12-21-25, 8-25-26.

Fla. Admin. Code R. 6A-5.069 School District Professional Learning Systems

(1) The purpose of this rule is to set forth the requirements for school district professional learning systems, pursuant to Section 1012.98, Florida Statutes (F.S.), by establishing standards for high-quality professional learning; outlining the required content for school district professional learning systems; providing a common system template for school district use; establishing a submission process; and setting forth system approval criteria.

(2) Professional Learning Standards. Professional learning means learning that is designed for educators and is aligned to the state standards for effective professional learning, educator practices and leadership; incorporates active learning; is collaborative; provides models; and is sustained and continuous. The professional learning standards define Florida’s expectations for high-quality professional learning systems and opportunities, and form the foundation for school district professional learning systems and catalogs. There are seven (7) standards grouped into five (5) domains (i.e., Foundation, Needs Assessment and Planning, Learning, Implementing, and Evaluating) representative of stages in an improvement cycle. Each standard includes a title, description, and multiple indicators of what the standard may look like in practice.

(a) Domain 0: Foundation. Standard 1: Leadership. Professional learning requires leaders who develop capacity, create support systems, and advocate for professional learning to continually improve educator practice and student outcomes. Examples of this standard in practice include:

1. Setting high standards for educator and student performance;

2. Developing expertise in self and others regarding effective professional learning and leadership;

3. Communicating the importance of high-quality professional learning and its connection to student outcomes;

4. Promoting a culture of professional learning by ensuring policies, structures, resources, calendars, and daily schedules support educators to continuously improve their knowledge and practice; and

5. Creating a coherent program of learning and leadership development opportunities for growth of all employees.

(b) Domain 1: Needs Assessment and Planning. Standard 1: Professional Learning Needs. Professional learning includes the use of student, educator, and system data to analyze, prioritize, and plan for continuous improvement of educator practice and student outcomes. Examples of this standard in practice include:

1. Continuously analyzing and interpreting multiple types and sources of data (e.g., student performance, discipline, classroom observations, climate surveys) to determine student and educator learning needs and related educator problems of practice;

2. Prioritizing professional learning based on identified student and educator learning needs; and

3. Developing individual, school, and district learning plans that align professional learning goals to student learning needs.

(c) Domain 1: Needs Assessment and Planning. Standard 2: Professional Learning Resources. Professional learning requires schools and systems to maximize and monitor the use of resources to continually improve educator practice and student outcomes. Examples of this standard in practice include:

1. Determining appropriate curricular resources to support professional learning needs;

2. Prioritizing and aligning fiscal, human, material, technology, and time resources for investment in professional learning;

3. Integrating multiple sources of funding in order to fully support identified professional learning needs; and

4. Analyzing data collected on resource utilization and impact on desired outcomes to make decisions regarding future allocations.

(d) Domain 2: Learning. Standard 1: Learning Outcomes. Professional learning includes outcomes that ensure intended changes in educator knowledge, skills, dispositions, and practice align with student learning needs. Examples of this standard in practice include:

1. Using identified student learning needs to make decisions about professional learning content and outcomes;

2. Defining clear expectations and learning outcomes that specify what educators need to know and do in relation to educator performance standards; and

3. Creating coherence by ensuring outcomes build on previous professional learning or knowledge.

(e) Domain 2: Learning. Standard 2: Learning Designs. Professional learning includes use of research- and evidence-based learning designs to continually improve educator practice and student outcomes. Examples of this standard in practice include:

1. Considering the desired outcomes and educator and student learning needs, interests, and experiences in the selection of learning designs;

2. Utilizing face-to-face, online, and blended learning design models that focus on sustained individual, team, and school learning;

3. Enabling educators to construct new, relevant, and personalized learning through processes such as active engagement, modeling, application, assessment, reflection, feedback, and ongoing support;

4. Supporting collaboration among educators to deepen professional practice and foster a sense of collective responsibility for improving student outcomes; and

5. Engaging in a shared cycle of inquiry, action, research, data analysis, planning, implementation, reflection, and evaluation that drives continuous improvement (e.g., learning communities, Lesson Study, online networks, coaching, mentoring).

(f) Domain 3: Implementing. Standard 1: Implementation of Learning. Professional learning includes multiple opportunities to implement new learning with ongoing support and actionable feedback to continually improve educator practice and student outcomes. Examples of this standard in practice include:

1. Setting clear goals and maintaining high expectations for implementation of learning with fidelity;

2. Sustaining implementation of new learning by providing multiple opportunities for practice in authentic settings with ongoing and varied support (e.g., coaching, modeling, peer groups, co-teaching, co-planning, study groups);

3. Providing opportunities for frequent feedback and reflection to analyze and adjust practice in relation to established expectations; and

4. Monitoring and assessing the degree of implementation to identify and resolve challenges related to integration of professional learning.

(g) Domain 4: Evaluating. Standard 1: Evaluation of Professional Learning. Professional learning includes formative and summative evaluation of the effectiveness of professional learning in increasing educator knowledge, changing educator dispositions and practice, and improving student outcomes to inform decisions about future professional learning. Examples of this standard in practice include:

1. Developing and conducting a comprehensive plan to evaluate the effectiveness of individual, school, and district plans for professional learning;

2. Monitoring formative educator practice and student learning data to assess professional learning and make adjustments as needed; and

3. Conducting a summative evaluation at the end of a program to assess the overall impact and make decisions regarding future professional learning.

(3) Professional Learning System Requirements. To receive approval of its professional learning system, the school district must provide the following:

(a) An overview of the system;

(b) A list of the collaborative partnerships established and a description of how a diverse group of stakeholders was consulted during development of the system;

(c) A description of the organizational structure of professional learning in the school district;

(d) A list of the district- and school-based positions with the primary responsibility for planning, providing, implementing, and supporting, or evaluating professional learning, and a brief description of their roles related to professional learning;

(e) A description of the school district’s systems of professional learning programs and supports that enable instructional personnel and school administrators to continually develop throughout their career, and provide opportunities for meaningful teacher leadership and the identification and preparation of aspiring school leaders;

(f) A description of how the school district implements each of the professional learning standards outlined in subsection (2) of this rule;

(g) A list of the technology platforms and programs the school district uses to manage, provide, or support professional learning, and a brief description of how they are utilized;

(h) A list of the funding sources and amounts allocated for the school district’s professional learning resources, and the percentage of the school district’s total operating expenses that is allocated for professional learning for each of the last three school years; and

(i) Confirmation that the system meets the requirements of Section 1012.98, F.S., as outlined in the Professional Learning System Template, Form PLST-2024.

(4) Submission Process.

(a) School districts must submit professional learning systems to the Department for review and approval under the following circumstances:

1. The school district is establishing an initial professional learning system;

2. The school district is making substantial revisions (i.e., revisions to the professional learning standards set forth in subsection (3) of this rule or the professional learning catalog) to a previously approved professional learning system; or

3. The approval period for the school district’s professional learning system is due to expire.

(b) The timelines for submission and approval of professional learning systems will be posted to the Department’s website at least thirty (30) days before the submission due date.

(c) Professional learning systems must be submitted using the Professional Learning System Template, Form PLST-2024.

(d) School districts must submit the Template and any supporting documentation electronically to ProfessionalLearning@fldoe.org.

(5) Approval Criteria and Period.

(a) A professional learning system shall be approved by the Department when the system:

1. Is submitted to ProfessionalLearning@fldoe.org;

2. Is submitted on the form required by paragraph (4)(c) of this rule;

3. Fulfills the requirements of subsection (3) of this rule and Section 1012.98, F.S.; and

4. Is found by the Department to create the conditions necessary to increase student achievement; enhance classroom instructional strategies that promote rigor and relevance throughout the curriculum; and prepare students for college, career, and life.

(b) A professional learning system maintains its approval designation for a period of five (5) years, if the system is not substantially revised and continues to comply with the requirements listed in Section 1012.98, F.S., and this rule.

(c) Annually, the Department will post at https://www.fldoe.org/teaching/professional-dev/ the calendar for review of professional learning systems for the following school year.

(6) Monitoring of Professional Learning Systems.

(a) The implementation of professional learning systems will be monitored by the Department through off-site and on-site reviews. Districts will be provided no less than thirty (30) days notice of off-site monitoring and no less than sixty (60) days notice of on-site monitoring.

(b) Following an off-site or on-site review, the Department will provide districts a monitoring report that includes areas of noncompliance as well identification of strengths and weakness of the district’s professional learning system.

(c) School district must complete an action plan designed to address areas of noncomplaince and any weaknesses identified by the Department. Districts must submit their action plan within sixty (60) days of receipt of the Department’s monitoring report and submit documentation of the correction of identified deficiencies within sixty (60) days of submission of the action plan. Action plans and documentation of correction must be submitted to the following address: ProfessionalLearning@fldoe.org.

(d) Within sixty (60) days of receipt of documentation of correction, the Department will notify the district of any additional monitoring the Department will conduct to support the district’s implementation of its professional learning system, including its action plan and any corrections of noncompliance.

(7) Prohibitions.

(a) Initial or substantially revised systems must not be implemented by the school district prior to Department approval.

(b) A school district must not process certification forms for educators under Section 1012.56, F.S., unless it has an approved professional learning system and that system has not undergone substantial revision since approval by the Department.

(8) Forms. The following form is hereby incorporated by reference: Professional Learning System Template, Form PLST-2024 (February 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16351). Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

History

• Rulemaking Authority 1001.02(1),(2)(n), 1012.56(14), 1012.98(9) FS. Law Implemented 1012.56, 1012.575, 1012.98 FS. History–New 5-3-22, Amended 11-22-22, 2-20-24.

Fla. Admin. Code R. 6A-5.070 Eligibility for Approved Inservice Teacher Education Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 231.17(3), 231.24, 236.0811 FS. History–New 11-25-75, Amended 1-3-82, Formerly 6A-5.70, Repealed 7-9-84.

Fla. Admin. Code R. 6A-5.071 Professional Learning Catalogs

(1) The purpose of this rule is to set forth the requirements for professional learning catalogs, formerly known as master inservice plans, pursuant to Section 1012.98, Florida Statutes (F.S.), by outlining the requirements for catalog components; setting submission, amendment, and review criteria; identifying the entities eligible to create a catalog; providing specifications for awarding inservice points; and prescribing record maintenance and data reporting requirements and providing a template for catalog submissions.

(2) Professional Learning Catalog Requirements. Pursuant to Section 1012.98(5)(b)5., F.S., all school districts shall maintain, as a corollary of their professional learning system, a catalog that outlines all professional learning opportunities, referred to as components, for all school district employees from all funding sources.

(a) For each component, the catalog shall include the following:

1. A title;

2. An identifying number assigned in accordance with the FDOE Information Database Requirements: Volume II – Automated Staff Information System pursuant to Section 1008.385(2), F.S., and Rule 6A-1.0014, F.A.C.;

3. The maximum number of inservice points to be awarded for successful completion of the component, assigned in accordance with the specifications outlined in subsection (6) of this rule;

4. A description of the specific objectives and activities to be completed; and,

5. The component evaluation criteria for determining the effectiveness of the professional learning in:

a. Addressing the specific objectives;

b. Increasing educator knowledge and skills;

c. Changing educator dispositions or practice in the educational setting; and,

d. Improving student outcomes.

(b) For each component for which inservice points will be awarded, the catalog shall also include a description of any follow-up activities that will be required and support that will be provided to ensure successful completion of the component.

(c) Each school district and each other entity with a professional learning system must provide confirmation that the catalog components satisfy professional learning requirements outlined in the Professional Learning Catalog Template, Form PLCT-2024.

(3) Submission, Amendment, and Review Criteria by School Districts.

(a) By September 1 of each year, the school district shall update the catalog, based on the results of the review conducted pursuant to paragraph (3)(d) of this rule, and the district school board shall approve the catalog pursuant to the criteria and procedures in subsections (2) and (3) of this rule.

(b) By October 1 of each year, the school district shall submit a letter to the Commissioner verifying that the district school board has approved the catalog and the catalog meets the criteria in subsection (2) of this rule.

(c) A component developed or modified after the annual approval of the catalog shall be approved as an amendment by the district school board and meet the criteria in subsection (2) of this rule.

(d) Annually, the school district shall conduct a review of the previous year’s catalog program operations that results in a determination of its effectiveness in the educational setting as measured by changes in educator practice and student outcomes, and use this information to make decisions about which components to continue, modify, or eliminate.

(4) Alternative Preparation Programs. The approval of program plans for add-on certification programs by the Department of Education pursuant to Section 1012.575, F.S., shall be for a period of five (5) years. Components associated with the approved programs shall remain in the professional learning catalog throughout the approval period.

(5) Approval by the Department. A developmental research school operated under the control of the State University System; an eligible state educational agency; an organization of private schools or consortium of charter schools that meets criteria specified in Section 1012.98(7), F.S.; or a public or private college or university with a teacher preparation program approved pursuant to Section 1004.04, F.S., may develop a professional learning system and catalog.

(a) The catalog shall be developed meeting the criteria outlined in subsection (2) of this rule and submitted to the department for initial approval by the Department, based upon the requirements outlined in subsection (2) of this rule and the requirements of Section 1012.98(5)(b)5., F.S.

(b) After initial approval of a catalog, continued approval shall be in accordance with the criteria and procedures outlined in subsections (2) and (3) of this rule, and the requirements for reporting and data maintenance as required in subsection (7) of this rule and the requirements of Section 1012.98(5)(b)5., F.S.

(c) For other eligible entities with an approved professional learning system and catalog, references to district school boards in this rule shall mean the governing authority or board of an eligible development research school, state educational agency, organization of private schools, consortium of charter schools, or public or private college or university.

(6) Awarding of Inservice Points.

(a) One (1) clock hour of participation shall equal one (1) inservice point, or as specified by the professional learning catalog based on competencies demonstrated, for successful completion of a component.

(b) One (1) semester hour of college credit shall equal twenty (20) inservice points.

(c) Inservice points may be awarded for components that focus on analysis of student achievement data, ongoing formal and informal assessments of student achievement, identification and use of enhanced and differentiated instructional strategies, enhancement of subject content expertise, integrated use of classroom technology that enhances teaching and learning, classroom management, parent involvement, instructional leadership, effective school management, and school safety.

(d) Inservice points for any mandatory component not linked to student learning or professional growth may only be awarded to an educator holding a Florida Professional Certificate with a coverage area classified as “academic” or “degreed career and technical” once during their certificate’s five-year validity period, pursuant to Section 1012.585(3)(h), F.S. Components linked to student learning or professional growth are defined as those that support increased student academic achievement, enhanced classroom instructional strategies that promote rigor and relevance throughout the curriculum, and the preparedness of students for continuing education and the workforce.

(7) Record Maintenance and Data Reporting Requirements. Professional learning catalog records shall be maintained and data shall be reported as follows:

(a) Information shall be maintained for each component to include the following:

1. Dates the component was delivered;

2. Names of component leaders;

3. Names of participants and performance records;

4. Evaluation of the component; and,

5. Criteria for successful completion.

(b) Information shall be maintained for each component participant to include the following:

1. Title and number of the component;

2. Dates of participation;

3. Satisfactory or unsatisfactory completion; and,

4. Number of inservice points to be awarded, eligibility of the points to be used for certification, and expiration date of the educator’s certificate(s), if applicable. All requirements for renewal of a Professional Certificate on the basis of completion of inservice points pursuant to Section 1012.585, F.S., and Rule 6A-4.0051, F.A.C., shall be met.

(c) Each school district shall report data information for all approved professional learning components as required by the FDOE Information Database Requirements: Volume II – Automated Staff Information System pursuant to Section 1008.385(2), F.S., and Rule 6A-1.0014, F.A.C. Other eligible entities as defined in subsection (5) of this rule with approved catalogs without automated data reporting capabilities shall report the required component data information using nonautomated equivalent means annually by October 1.

(8) Forms. The following form is hereby incorporated by reference: Professional Learning Catalog Template, Form PLCT-2024 (February 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16352). Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1012.98(8), 1012.56(13), 1012.986(3) FS. Law Implemented 1004.04, 1012.986, 1012.98, 1012.56, 1012.575 FS. History–New 11-25-75, Formerly 6A-5.72, Amended 4-10-79, 6-28-83, 7-15-84, 12-26-85, Formerly 6A-5.71, Amended 8-28-95, 7-2-98, 5-2-10, 11-28-18, 5-3-22, 2-20-24.

Fla. Admin. Code R. 6A-5.072 Procedures for Approving District Master Plans for Inservice Education Programs

History

• Rulemaking Authority 229.053(1), 231.17, 231.24, 231.603(3), 236.0811(2) FS. Law Implemented 230.23(4)(l), 231.17, 231.24, 231.603, 231.611(2), 236.081(3), 236.0811, 239.34(3)(b)(c) FS. History–New 11-25-75, Formerly 6A-5.71, Amended 4-10-79, 6-28-83, Formerly 6A-5.72, Repealed 7-9-84.

Fla. Admin. Code R. 6A-5.073 Resources for Inservice Teacher Education Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.23(4)(l), 231.141, 236.0811 FS. History–New 11-25-75, Formerly 6A-5.73, Repealed 8-28-95.

Fla. Admin. Code R. 6A-5.074 Teacher Education Centers

History

• Rulemaking Authority 229.053(1), 231.603(1) FS. Law Implemented 231.601-.609, 236.081(3), 236.0811 FS. History–New 9-26-78, Amended 7-9-84, 12-26-85, Formerly 6A-5.74, Repealed 4-18-96.

Fla. Admin. Code R. 6A-5.075 Florida Beginning Teacher Program

History

• Rulemaking Authority 229.053(1), 231.17 FS. Law Implemented 231.15, 231.17(2), (3) FS. History–New 7-1-82, Amended 8-7-84, 12-19-84, Formerly 6A-5.75, Repealed 7-2-98.

Fla. Admin. Code R. 6A-5.076 Inservice Institutes

History

• Rulemaking Authority 229.053(1), 231.613(3), 236.0811(2)(a) FS. Law Implemented 231.613, 233.095, 236.081(3), 236.0811 FS. History–New 11-24-83, Amended 3-11-85, Formerly 6A-5.76, Amended 2-20-86, Repealed 4-18-96.

Fla. Admin. Code R. 6A-5.077 Subject Area Councils

History

• Rulemaking Authority 229.053(1), (2)(m) FS. Law Implemented 229.053(2)(m), 229.512(3), 229.551(1)(a), (3)(l), 231.145, 231.17(2)(b), (2)(c)2., (2)(o) FS. History–New 11-26-86, Repealed 4-18-96.

Fla. Admin. Code R. 6A-5.078 Professional Learning Requirements as a Condition of Certificate Reactivation

(1) The purpose of this rule is to set forth the requirements for reactivating an educator’s professional or non-renewable temporary certificate that has been placed in an inactive status pursuant to Section 1012.56(7)(g), Florida Statutes, and Rule 6A-4.004, F.A.C., by providing professional learning requirements and establishing prohibitions. The following are clarifications to the requirements.

(2) Definitions.

(a) “Calendar year” is a twelve-month period beginning July 1 to June 30.

(b) “Inservice points” means completion of professional learning as established in Rule 6A-5.071, F.A.C.

(3) Professional Learning Requirements for Professional Certificate Reactivation.

(a) In order to reactivate a certificate that has been placed in inactive status, inservice points must correspond with subject area content or pedagogy based on coverages listed on the certificate.

(b) The certificate holder must complete inservice points according to the length of inactive status.

1. If the certificate is inactive for a calendar year or less, certificate holders are not required to complete inservice points for reactivation.

2. After one calendar year of inactive status, but less than or equal to two years, a certificate holder must complete 40 inservice points or equivalent.

3. After two calendar years of inactive status, but less than or equal to three years, a certificate holder must complete 60 inservice points or equivalent.

4. After three calendar years of inactive status, but less than or equal to four years, a certificate holder must complete 80 inservice points or equivalent.

5. After four calendar years of inactive status but less than or equal to five years, a certificate holder is not eligible for reactivation and must complete requirements for certificate renewal established in Rule 6A-4.0051, F.A.C.

6. After five calendar years of inactive status or more, a certificate holder is not eligible for reactivation and must complete requirements for certificate reinstatement established in subsection 6A-4.0051(9), F.A.C.

(4) Professional Learning Requirements for Nonrenewable Temporary and Nonrenewable Professional Certificate Reactivation.

(a) In order to reactivate a nonrenewable temporary certificate that has been placed in inactive status, inservice points must correspond with subject area content or pedagogy based on coverages listed on the certificate.

(b) The certificate holder must complete inservice points according to the length of inactive status established in subparagraph (3)(b)1.-6. of this rule, except as noted below:

1. After four calendar years or more of inactive status, but less than five years, a certificate holder on a nonrenewable five-year certificate as outlined in subsections 6A-4.004(1)-(4), and paragraph (6)(b), F.A.C., is not eligible for reactivation and must complete all professional certification requirements and apply to move from a nonrenewable temporary or professional certificate to a renewable professional certificate.

2. After two calendar years or more of inactive status, but less than three years, a certificate holder on a nonrenewable three-year certificate as outlined in subsections 6A-4.004(7)-(8), F.A.C., is not eligible for reactivation and must complete all professional certification requirements and apply to move from a temporary certificate to a professional certificate.

3. After one calendar year of inactive status, certificate holders on a two-year nonrenewable temporary certificate as outlined in subsection 6A-4.004(6), F.A.C., are not eligible for reactivation and must complete all professional certification requirements and apply to move from a temporary certificate to a professional certificate.

(5) In addition to completing the inservice point for reactivation of a certificate as set forth in subsections (3) and (4) of this rule, a certificate holder may use the inservice point equivalents of college credits and subject area tests as set forth in Rule 6A-4.0051, F.A.C., to reactivate a certificate.

(6) Prohibitions.

(a) Certificate holders cannot use excess inservice points completed in English for Speakers of Other Languages training, training in the instruction of students with disabilities, and the teaching of reading as outlined in paragraph 6A-4.0051(5)(a), F.A.C., to satisfy professional learning requirements for certificate reactivation.

(b) Certificate holders are not eligible for inactive status more than one time during the term of the certificate.

History

• Rulemaking Authority 1001.02, 1012.56, 1012.98 FS. Law Implemented 1012.56 FS. History-New 12-24-24.

Fla. Admin. Code R. 6A-5.079 Florida School Counseling Standards

(1) Purpose and Structure of the Standards.

(a) Purpose. The purpose of these standards is to establish Florida’s expectations for school counselors. These standards inform the foundation for school counseling preparation programs, educator certification requirements, professional learning for school counselors, and school counselor evaluation systems.

(b) Structure. There are seven (7) standards, each comprised of a title, description, and descriptors that further clarify and define the work required to demonstrate mastery of the standard.

(2) Definitions.

(a) “School Counselor” means staff members certified under Rule 6A-4.0181, F.A.C., who are responsible for: advising students with regard to their abilities and aptitudes, educational and occupational opportunities, and personal and social adjustments; providing placement services; and similar functions as described in Section 1012.01(2)(b), F.S.

(b) “School Counseling Program” means a set of focused resources and supports designed by schools and districts to meet the unique needs of the students. The key aspects of the program include academic advisement and planning, career guidance and postsecondary planning, responsive mental health counseling services, community partnerships, and support with the provision of resiliency education, civic and character education, and life skill education.

(3) PK-12 School Counseling Standards.

(a) Standard one (1). Professional, Legal, and Ethical Expectations. School counselors act ethically and according to professional standards to promote the academic success and well-being of all students. School counselors:

1. Hold self accountable to the Principles of Professional Conduct for the Education Profession in Florida, pursuant to Rule 6A-10.081, F.A.C., and adhere to guidelines for student welfare pursuant to Section 1001.42(8), F.S., the rights of students and parents enumerated in Sections 1002.20 and 1014.04, F.S., local school board, and governing board policies;

2. Adhere to the state and federal legal rights of students and parents or guardians with regard to student records per Rule 6A-1.0955, F.A.C.; and

3. Seek opportunities for professional learning applicable to the role of a school counselor.

(b) Standard two (2). Data-Driven Planning. Effective school counselors utilize resources including available school data to guide decision making and counseling services. School counselors:

1. Gather and synthesize data from a variety of sources to inform the School Counseling Program;

2. Communicate data from a variety of sources to students and parents or guardians; and

3. Apply appropriate use of data and technology in supporting student learning and development.

(c) Standard three (3). School Counseling Program. Effective school counselors develop, implement, and evaluate programs that cultivate a school environment that promotes the academic success and well-being of all students. School counselors:

1. Apply evidence-based strategies that promote academic success; career readiness; and resiliency education, civic and character education, and life skill education as defined in Rule 6A-1.094124, F.A.C.

2. Apply principles and practices of crisis planning, response, and preventative programs;

3. Apply practices for identifying and closing gaps in student achievement; and

4. Apply strategies for progress monitoring and sharing School Counseling Program outcomes.

(d) Standard four (4). Consultation, Collaboration, and Coordination. Effective school counselors utilize multiple means of communication to promote the academic success and well-being of all students. School counselors:

1. Model and support respectful collaboration practices between school leaders, parents or guardians, district and school personnel and community partners;

2. Maintain high visibility and accessibility, and actively listen to and respond to parents or guardians, students, district and school personnel and community partners;

3. Recognize parents or guardians, students, district and school personnel and community partners for contributions and engagement that enhance the school community; and

4. Utilize appropriate technologies and other forms of communication with parents or guardians, students, district and school personnel and families on student expectations and academic performance.

5. Utilize state, local school board, and governing board policies and procedures to make appropriate community-based referrals.

6. Apply effective methods and skills for coordinating with community partners in the implementation of a school counseling program.

(e) Standard five (5). Counseling Services. Effective school counselors provide direct and indirect services that support the safety, mental health, and well-being of all students. School counselors:

1. Apply counseling skills when delivering evidence-based, direct services to individual students and groups;

2. Assist with the provision of resiliency education, civic and character education, and life skill education in the classroom setting; and

3. Apply verbal de-escalation strategies to assist in the response and support of students in a crisis situation.

(f) Standard six (6). Academic Advising and Planning. Effective school counselors cultivate a caring, rigorous, and supportive school community that promotes the academic success and well-being of all students. School counselors:

1. Promote awareness of student progression, assessment requirements, appropriate educational placement, and high school graduation requirements;

2. Assist all students with developing a path to effectively prepare for secondary and postsecondary educational and employment opportunities;

3. Provide all students with opportunities for academic enrichment; and

4. Support students who are identified as academically at-risk.

(g) Standard seven (7). Career Development and Postsecondary Planning. Effective school counselors provide opportunities for all students to develop the behaviors necessary to learn work-related skills, resilience, perseverance, an understanding of lifelong learning as a part of long-term career success, the value of volunteerism and mentorship, and a strong work ethic. School counselors:

1. Promote awareness of application and admission processes for various postsecondary options, including financial resources such as the Free Application for Federal Student Aid and Florida Financial Aid Application for all students and families;

2. Apply school counseling strategies and activities that address students’ college and career readiness across developmental levels, including decision-making approaches for students in various stages of career development;

3. Apply procedures of formal and informal career inventories and data-driven methods for evaluating students’ college and career readiness;

4. Apply college and career readiness counseling services and schoolwide approaches across all levels that promote lifelong learning and career success;

5. Utilize resources that provide students with personalized information about postsecondary and career and technical educational opportunities and sources of financial assistance; and

6. Apply counseling services to address the challenges experienced by students.

History

• Rulemaking Authority 1001.02, 1012.55, 1012.56 FS. Law Implemented 1012.55, 1012.56 History‒New 6-27-23.

Fla. Admin. Code R. 6A-5.080 The Florida Educational Leadership Standards

(1) Purpose and Structure of the Standards.

(a) Purpose. The purpose of these standards is to establish Florida’s expectations for effective school administrators. These evidence-based standards form the foundation for school leadership preparation programs, educator certification requirements, professional learning for school administrators, and school administrator evaluation systems. In this rule, school administrators means those persons described in Section 1012.01(3)(c), F.S.

(b) Structure. There are eight (8) standards, each comprised of a title, description, and role-based descriptors that further clarify and define the work required to demonstrate mastery of the standard.

(2) The Florida Educational Leadership Standards.

(a) Standard 1. Professional and Ethical Norms. Effective educational leaders act ethically and according to professional norms to promote the academic success and well-being of all students. All school administrators:

1. Hold self and others accountable to the Principles of Professional Conduct for the Education Profession in Florida, pursuant to Rule 6A-10.081, Florida Administrative Code (F.A.C.), and adhere to guidelines for student welfare pursuant to Section 1001.42(8), F.S., the rights of students and parents enumerated in Sections 1002.20 and 1014.04, F.S., and state, local school, and governing board policies;

2. Acknowledge that all persons are equal before the law and have inalienable rights, and provide leadership that is consistent with the principles of individual freedom outlined in Section 1003.42(3), F.S.;

3. Accept accountability for all students by identifying and recognizing barriers and their impact on the academic success of students and the well-being of the school, families, and local community; and

4. Act ethically and professionally in personal conduct, relationships with others, decision making, stewardship of the school’s resources, and all other aspects of leadership set forth in this rule.

(b) Standard 2. Vision and Mission. Effective educational leaders collaborate with parents, students, and other stakeholders to develop, communicate, and enact a shared vision, mission, and core values to promote the academic success and well-being of all students.

1. Assistant principals:

a. Assist and support the alignment of the school vision and mission with district initiatives, State Board of Education priorities, and current educational policies.

b. Collaborate in the collection, analysis, and utilization of student academic data to help drive decisions that support effective and rigorous classroom instruction focused on the academic development of all students;

c. Collaborate, support, and model the development and implementation of a shared educational vision, mission, and core values within the school community to promote the academic success and well-being of all students;

d. Assist and support the development and implementation of systems to achieve the vision and mission of the school – reflecting and adjusting when applicable; and

e. Recognize individuals for contributions toward the school vision and mission.

2. School principals:

a. Collaborate with district and school leaders in the alignment of the school vision and mission with district initiatives, State Board of Education priorities, and current educational policies.

b. Collaborate with members of the school and community using academic data to develop and promote a vision focused on successful learning and the academic development of all students;

c. Collaborate to develop, implement, and model a shared educational vision, mission, and core values within the school community to promote the academic success and well-being of all students;

d. Strategically develop and implement systems to achieve the vision and mission of the school – reflecting and adjusting when applicable; and

e. Recognize individuals for contributions toward the school vision and mission.

(c) Standard 3. School Operations, Management, and Safety. Effective educational leaders manage school operations and resources to cultivate a safe school environment and promote the academic success and well-being of all students.

1. Assistant principals:

a. Collaborate with the school principal to manage the school’s fiscal resources in a responsible and ethical manner, engaging in effective budgeting, decision making, and accounting practices;

b. Collaborate with the school principal to manage scheduling and resources by assigning instructional personnel to roles and responsibilities that optimize their professional capacity to address all students’ learning needs;

c. Organize time, tasks, and projects effectively to protect school personnel’s work and learning, as well as their own, to optimize productivity and student learning;

d. Collaborate with school leaders to utilize data, technology, and communication systems to deliver actionable information to improve the quality and efficiency of operations and management to include safety, climate, and student learning;

e. Utilize best practices in conflict resolution, constructive conversations, and management for all stakeholders related to school needs and communicate outcomes with school leaders;

f. Inform the school community of current local, state, and federal laws, regulations, and best practices to promote the safety, success, and well-being of all students and adults;

g. Collaborate with the school principal to develop and maintain effective relationships with feeder and connecting schools for enrollment management and curricular and instructional articulation;

h. Develop and maintain effective relationships with the district office and governing board;

i. Collaborate with the school principal to create and maintain systems and structures that promote school security to ensure that students, school personnel, families, and community are safe;

j. Collaborate with the school principal to ensure compliance with the requirements for school safety, as outlined in Sections 1001.54, and 1006.09, F.S., and Rule 6A-1.0017, F.A.C.;

k. Collaborate with the school principal to implement a continuous improvement model to evaluate specific concerns for safety and security within the school environment; and

l. Collaborate with the school principal to create and implement policies that address and reduce chronic absenteeism and out-of-school suspensions.

2. School principals:

a. Manage the school’s fiscal resources in a responsible and ethical manner, engaging in effective budgeting, decision making, and accounting practices;

b. Manage scheduling and resources by assigning instructional personnel to roles and responsibilities that optimize their professional capacity to address all students’ learning needs;

c. Organize time, tasks, and projects effectively to protect school personnel’s work and learning, as well as their own, to optimize productivity and student learning;

d. Utilize data, technology, and communication systems to deliver actionable information to improve the quality and efficiency of operations and management to include safety, climate, and student learning;

e. Utilize and coach best practices in conflict resolution, constructive conversations, and management for all stakeholders related to school needs and communicate outcomes with school and district leaders;

f. Inform the school community of current local, state, and federal laws, regulations, and best practices to promote the safety, success, and well-being of all students and adults;

g. Develop and maintain effective relationships with feeder and connecting schools for enrollment management and curricular and instructional articulation;

h. Develop and maintain effective relationships with the district office and governing board;

i. Create and maintain systems and structures that promote school security to ensure that students, school personnel, families, and community are safe;

j. Ensure compliance with the requirements for school safety, as outlined in Sections 1001.54, and 1006.09, F.S., and Rule 6A-1.0017, F.A.C.;

k. Utilize a continuous improvement model to evaluate specific concerns for safety and security within the school environment; and

l. Collaborate with district and school leaders to create and implement policies that address and reduce chronic absenteeism and out-of-school suspensions.

(d) Standard 4. Student Learning and Continuous School Improvement. Effective educational leaders enable continuous improvement to promote the academic success and well-being of all students.

1. Assistant principals:

a. Assist with the implementation and monitoring of systems and structures that enable instructional personnel to promote high expectations for the academic growth and well-being of all students;

b. Monitor and ensure the school’s learning goals and classroom instruction are aligned to the state’s student academic standards, and the district’s adopted curricula and K-12 reading plan;

c. Collaborate with teachers and the school leadership team to create an evidence-based intervention, acceleration, and enrichment plan focused on learning;

d. Engage in data analysis to inform instructional planning and improve learning for all student subgroups and minimize or eliminate achievement gaps;

e. Utilize comprehensive progress monitoring systems to gather a variety of student performance data, identify areas that need improvement, and provide coaching to improve student learning;

f. Support and openly communicate the need for, process for, and outcomes of improvement efforts; and

g. Ensure and monitor the implementation of the Florida Educator Accomplished Practices as described in Rule 6A-5.065, F.A.C., by all instructional personnel.

2. School principals:

a. Create and maintain a school climate and culture of high expectations and enable school personnel to support the academic growth and well-being of all students;

b. Ensure alignment of the school’s learning goals and classroom instruction to the state’s student academic standards, and the district’s adopted curricula and K-12 reading plan;

c. Develop a structure that enables school personnel to work as a system and focus on providing evidence-based intervention, acceleration, and enrichment that meet student needs;

d. Promote the effective use of data analysis with school personnel for all student subgroups and provide coaching to improve student learning and minimize or eliminate achievement gaps;

e. Ensure all students demonstrate learning growth through a variety of ongoing progress monitoring data as evidenced by student performance and growth on local, statewide, and other applicable assessments as stipulated in Section 1008.22, F.S.;

f. Manage uncertainty, risk, competing initiatives, and the dynamics of change by providing support and encouragement, and openly communicating the need for, process for, and outcomes of improvement efforts; and

g. Ensure and monitor the implementation of the Florida Educator Accomplished Practices as described in Rule 6A-5.065, F.A.C., by all instructional personnel.

(e) Standard 5. Learning Environment. Effective educational leaders cultivate a caring, rigorous, and supportive school community that promotes the academic success and well-being of all students.

1. Assistant principals:

a. Collaborate with the school principal to maintain a safe, respectful, and student-centered learning environment;

b. Facilitate a comprehensive system that establishes a culture of learning, which includes policies and procedures to address student misconduct in a positive, fair, and unbiased manner;

c. Deliver timely, actionable, and ongoing feedback about instructional practices driven by standards-aligned content to support and coach the development of instructional personnel’s knowledge and skills; and

d. Support instructional personnel to recognize, understand, and respond to student needs to minimize or eliminate achievement gaps.

2. School principals:

a. Develop and maintain routines and procedures that foster a safe, respectful, and student-centered learning environment;

b. Cultivate and protect a comprehensive system that establishes a culture of learning, which includes policies and procedures to address student misconduct in a positive, fair, and unbiased manner;

c. Deliver timely, actionable, and ongoing feedback about instructional practices driven by standards-aligned content to support and coach the development of instructional personnel’s knowledge and skills; and

d. Provide opportunities for instructional personnel to recognize, understand, and respond to student needs to minimize or eliminate achievement gaps.

(f) Standard 6. Recruitment and Professional Learning. Effective educational leaders build the collective and individual professional capacity of school personnel by creating support systems and offering professional learning to promote the academic success and well-being of all students.

1. Assistant principals:

a. Assist with hiring, developing, supporting, and retaining diverse, effective, and caring instructional personnel with the professional capacity to promote literacy achievement and the academic success of all students;

b. Attend to personal learning and effectiveness by engaging in need-based professional learning, modeling self-reflection practices, and seeking and being receptive to feedback;

c. Collaborate with the school principal to identify instructional personnel needs, including standards-aligned content, evidence-based pedagogy, use of instructional technology, and data analysis for instructional planning and improvement;

d. Collaborate with the school principal and content or grade-level leads to develop a school-wide professional learning plan based on the needs of instructional personnel and students, and revise elements of the plan as needed;

e. Collaborate with the school principal to develop school personnel’s professional knowledge and skills by providing access to differentiated, need-based opportunities for growth, guided by understanding of professional and adult learning strategies;

f. Support the school principal in monitoring and evaluating professional learning linked to district- and school-level goals to foster continuous improvement;

g. Collaborate with the school principal to monitor and evaluate professional practice, and provide timely, actionable, and ongoing feedback to instructional personnel that fosters continuous improvement;

h. Collaborate with the school principal to utilize time and resources to establish and sustain a professional culture of collaboration and commitment to the shared educational vision, mission, and core values of the school with mutual accountability; and

i. Adhere to the professional learning standards adopted by the State Board of Education in Rule 6A-5.069, F.A.C., in planning and implementing professional learning, monitoring change in professional practice, and evaluating impact on student outcomes.

2. School principals:

a. Recruit, hire, develop, support, and retain diverse, effective, and caring instructional personnel with the professional capacity to promote literacy achievement and the academic success of all students;

b. Attend to personal learning and effectiveness by engaging in need-based professional learning, modeling self-reflection practices, and seeking and being receptive to feedback;

c. Identify instructional personnel needs, including standards-aligned content, evidence-based pedagogy, use of instructional technology, and data analysis for instructional planning and improvement;

d. Develop a school-wide professional learning plan based on the needs of instructional personnel and students, and revise elements of the plan as needed;

e. Develop school personnel’s professional knowledge and skills by providing access to differentiated, need-based opportunities for growth, guided by understanding of professional and adult learning strategies;

f. Monitor and evaluate professional learning linked to district- and school-level goals to foster continuous improvement;

g. Monitor and evaluate professional practice, and provide timely, actionable, and ongoing feedback to assistant principals and instructional personnel that fosters continuous improvement;

h. Provide time and resources to establish and sustain a professional culture of collaboration and commitment to the shared educational vision, mission, and core values of the school with mutual accountability; and

i. Adhere to the professional learning standards adopted by the State Board of Education in Rule 6A-5.069, F.A.C., in planning and implementing professional learning, monitoring change in professional practice, and evaluating impact on student outcomes.

(g) Standard 7. Building Leadership Expertise. Effective educational leaders cultivate, support, and develop other school leaders to promote the academic success and well-being of all students.

1. Assistant principals:

a. Develop and support open, productive, caring, and trusting working relationships among school and teacher leaders to build professional capacity and improve instructional practice driven by standards-aligned content;

b. Collaborate with the school principal to cultivate a diverse group of emerging teacher leaders;

c. Develop capacity in teacher leaders and hold them accountable; and

d. Plan for and provide opportunities for mentoring new personnel.

2. School principals:

a. Develop and support open, productive, caring, and trusting working relationships among school leaders and other personnel to build professional capacity and improve instructional practice driven by standards-aligned content;

b. Cultivate current and potential school leaders and assist with the development of a pipeline of future leaders;

c. Develop capacity by delegating tasks to other school leaders and holding them accountable; and

d. Plan for and manage staff turnover and succession, providing opportunities for effective induction and mentoring of school personnel.

(h) Standard 8. Meaningful Parent, Family, and Community Engagement. Effective educational leaders utilize multiple means of reciprocal communication to build relationships and collaborate with parents, families, and other stakeholders to promote the academic success and well-being of all students. All school administrators:

1. Understand, value, and employ the community’s cultural, social, and intellectual context and resources;

2. Model and advocate for respectful communication practices between school leaders, parents, students, and other stakeholders;

3. Maintain high visibility and accessibility, and actively listen and respond to parents, students, and other stakeholders;

4. Recognize parents, students, and other stakeholders for contributions and engagement that enhance the school community; and

5. Utilize appropriate technologies and other forms of communication to partner with parents, students, and families on student expectations and academic performance.

History

• Rulemaking Authority 1001.02, 1012.34, 1012.55(1), 1012.986(3) FS. Law Implemented 1012.55, 1012.986, 1012.34 FS. History–New 5-24-05, Formerly 6B-5.0012, Amended 12-20-11, 11-22-22.

Fla. Admin. Code R. 6A-5.081 Approval of School Leadership Programs

This rule sets forth the requirements and implementation of the approval process for each type of school leadership program offered by a Florida postsecondary institution or public school district, charter school, or charter management organization.

(1) Definitions. For the purposes of this rule, the following definitions apply.

(a) “Academic year” means the period of time during which program candidates attend or complete a state-approved school leader preparation program. This includes summer term, fall term and spring term.

(b) “Competencies and Skills Required for Certification in Educational Leadership in Florida” mean those practices described in Rule 6A-4.00821, F.A.C., which is incorporated herein by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-16031). A copy of Rule 6A-4.00821, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(c) “Competency-based” means that participants in school leader preparation programs must demonstrate the skill sets and knowledge bases outlined in the Florida Educational Leadership Standards.

(d) “Continued approval” means that subsequent to an initial approval, a school leadership program has been granted the authority to operate for a five-year period. The basis for continued approval is outlined in the documents entitled Florida Department of Education Continued Program Approval Standards for Level I Educational Leadership Programs, Form EL CAS-2025; and Florida Department of Education Continued Program Approval Standards for Level II School Principal Programs, Form SP CAS-2025.

(e) “eIPEP” or “electronic Institutional Program Evaluation Plan” means a Department-maintained web-based tool that serves as a data repository, data collection and reporting tool for both program performance data as well as a repository of continued approval goals and strategies for state-approved school leadership programs.

(f) “Field experiences” mean activities conducted in a variety of prekindergarten through grade 12 settings that are designed to give the program candidate the ability to practice and demonstrate competence in the expectations of effective school administrators outlined in the Florida Educational Leadership Standards.

(g) “Florida Educational Leadership Standards” mean those practices described in subsection 6A-5.080(2), F.A.C., which is incorporated herein by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-16032). A copy of Rule 6A-5.080, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(h) “Initial approval” means that a new school leadership program has been granted the authority to operate for a five-year period. The basis for initial approval is outlined in the documents entitled Florida Department of Education Initial Program Approval Standards for Level I Educational Leadership Programs, Form EL IAS-2025; and Florida Department of Education Initial Program Approval Standards for Level II School Principal Programs, Form SP IAS-2025.

(i) “Institutional Program Evaluation Plan” or “IPEP” means the annual plan developed by each approved Level I or Level II program to describe its review and analysis of program candidate and program completer data and how the results will impact continuous program improvements as part of its continued approval process.

(j) “Instructional expertise” means documented successful demonstration of the standards for effective educators outlined in the Florida Educator Accomplished Practices (FEAPs) and a documented track record of achieving student gains. Acceptable documentation of instructional expertise must include a rating of “effective” or higher on the “Performance of Students” and “Instructional Practice” sections of the candidate’s two most recent performance evaluations per Section 1012.34, F.S. For candidates who are not employed by a Florida public school district, a provider may accept alternative equivalent documentation demonstrating two years of effective instruction with a record of student learning gains.

(k) “Leadership potential” means the critical skills and dispositions that a candidate must demonstrate prior to entering the program. At a minimum, these qualifications must include an analysis of the candidate’s relentless focus on improving student achievement in their own classrooms and contributing to the demonstrable improvement of teaching effectiveness in the classrooms of colleagues.

(l) “Level I educational leadership program” (Level I program) means a program eligible to be offered by a post-secondary institution, school district, charter school, or charter management organization that leads to certification in educational leadership for the purpose of preparing individuals to serve as school administrators.

(m) “Level II school principal program” (Level II program) means a program eligible to be offered by a school district, charter school, or charter management organization that builds upon Level I program training and leads to certification as a school principal.

(n) “Partner” means to develop and maintain a collaborative professional relationship with agreed upon goals and outcomes. Partnerships must include evidence that the institution, school district(s), charter school(s), or charter management organization(s) work together to:

1. Determine program admission standards, and identify and select candidates,

2. Provide job-embedded field experiences for program candidates; and,

3. Identify strategies for continuous improvement of the program based upon a review of the performance of program candidates and the performance of program completers using aggregate data from performance evaluations.

(o) “Placement rate” means the number of program completers reported annually by each program to the Department who are identified by the Department’s Staff Information System, as prescribed in Section 1008.385(2), F.S., as employed in a full-time or part-time school administrator position in a Florida public school district, including charter schools, within three years of program completion. If a program provides documentation of a program completer’s death or disability, the number of program completers included in the calculation will be adjusted.

(p) “Program admission standards” mean the minimum requirements an applicant must meet to be considered for entry into an educational leadership preparation program. The program admission standards for all programs must define (1) candidate grade point average (GPA) requirements, (2) candidate professional qualifications, to include minimum “instructional expertise” and “leadership potential” standards, and (3) candidate selection processes used to determine admission status.

(q) “Program candidate” means an individual who has been admitted into and is currently enrolled in, but has not yet completed Level I or Level II program approved under this rule.

(r) “Provider” means an entity that is authorized to offer a Level I or Level II program, as defined in this rule.

(s) “Program completer” means an individual who has satisfied all Level I or Level II program requirements approved under this rule.

(t) “School leadership positions” mean the administrative personnel positions that are defined in Section 1012.01(3)(c), F.S.

(2) Requirements and processes for initial request and approval of Level I and Level II programs.

(a) Requirements for approval of Level I programs:

1. Providers shall employ faculty who are qualified to teach courses required in the program. Faculty and staff who supervise field experiences shall document annual onsite participation in activities in prekindergarten through grade 12 school settings.

2. A postsecondary institutional program shall provide evidence of its partnership with at least one school district as approved under this rule.

3. A postsecondary institutional program may include a modified version of its approved program to individuals who hold a master’s or higher degree, provided the instittution has a means to document that the completer of the modified program has met all program requirements.

4. Providers shall describe the qualifications used for admission and admit only candidates that demonstrate instructional expertise and leadership potential as approved under this rule.

5. Providers shall describe how competency-based training is aligned to the Florida Educational Leadership Standards.

6. Providers shall describe how training shall be aligned to the personnel evaluation criteria under Section 1012.34, F.S.

7. Providers shall only endorse as program completers candidates who demonstrate all of the Florida Educational Leadership Standards at the initial certification level and earn passing scores on all portions of the Florida Educational Leadership Examination required in Section 1012.56, F.S.

8. Except for postsecondary institutions, a provider shall offer its approved Level I program only to its employees who hold a master’s degree from an accredited or approved institution as described in Rule 6A-4.003, F.A.C. Programs may provide for admission of candidates without this degree, provided that the provider includes a process of formally notifying such candidates that they are not eligible to complete the program without official documentation of the master’s degree.

(b) Processes for submission of a Level I program for initial approval:

1. The president or chief executive officer of a Florida post-secondary institution, a charter school or charter management organization or a public school district superintendent who seeks approval to offer a Level I program, shall submit a written request which is further described in the documents, Florida Department of Education Request to Submit Form-Educational Leadership, Form RTS-EL 2023 within thirty (30) business days prior to January 15, April 15, July 15, and October 15. The Department will inform the institution or district superintendent in writing of the receipt of a fully completed request within five (5) business days.

2. Upon written verification by the Department of a fully completed request, the provider shall submit to the Department an electronic application, which is further described in the documents, Florida Department of Education Initial Program Approval Standards for Level I Educational Leadership Programs, Form EL IAS-2025 by January 15, April 15, July 15, and October 15.

3. The Department shall conduct a review of the electronic application submitted in support of the request for initial approval within ninety (90) days of receipt of the application. The Department shall notify the provider in writing of the following:

a. Receipt of the electronic application.

b. Missing or deficient elements and provide a period of ten (10) business days for the program to submit supplemental information or documentation to address the deficit(s).

c. Approval or denial of approval for each program included in the request. A denial of approval shall identify the reason(s) for the denial and the deficiencies. A program that receives a denial of approval may reapply for initial approval.

(c) Requirements for approval of Level II programs:

1. With the exception of former military officers that qualify for admittance under Section 1012.55(1)(e)l., F.S., a provider shall only admit candidates who hold a valid Florida Educator’s Certificate in the area of educational leadership, education administration, or administration and supervision pursuant to requirements of Rule 6A-4.0083, F.A.C., and who are employed in a public school within the district in a school leadership position through which the candidate can fully demonstrate the competencies associated with the Florida Educational Leadership Standards.

2. The provider shall only admit candidates who have earned a highly effective or effective evaluation rating under Section 1012.34, F.S.,

3. The provider shall describe how it provides individualized instruction using a customized learning plan for each candidate, and the competency-based training that is aligned to its school administrator evaluation criteria under Section 1012.34, F.S., and the William Cecil Golden Professional Learning Program for School Leaders under Section 1012.986, F.S.

4. The provider shall ensure individuals who are designated as program completers have satisfactorily performed instructional leadership responsibilities as measured by the school district’s school administrator evaluation system under Section 1012.34, F.S., for persons employed by the school district or by the charter school or charter management organization.

(d) Processes for submission of a Level II program for initial approval:

1. The president or chief executive officer of a charter school or charter management organization or a public school district superintendent who seeks approval to offer a Level II program, shall submit a written request which is further described in the document, Florida Department of Education Request to Submit Form-Level II School Principal Program, Form RTS-SP 2023, within thirty (30) business days prior to January 15, April 15, July 15, and October 15. The Department will inform the president or chief executive officer or district superintendent in writing of the receipt of a fully completed request within five (5) business days.

2. Upon written verification by the Department of a fully completed request, the provider shall submit to the Department an electronic application, which is further described in the document, Florida Department of Education Initial Program Approval Standards for Level II School Principal Programs, Form SP IAS-2025, by January 15, April 15, July 15, and October 15.

3. The Department shall conduct a review of the electronic application submitted in support of the request for initial approval within ninety (90) days of receipt of the application. The Department shall notify the provider in writing of the following:

a. Receipt of the electronic application.

b. Missing or deficient elements and provide a period of ten (10) business days for the program to submit supplemental information or documentation to address the deficit(s).

c. Approval or denial of approval for each program included in the request. A denial of approval shall identify the reason(s) for the denial and the deficiencies. A program that receives a denial of approval may reapply for initial approval.

(3) Requirements and processes for continued approval of Level I and Level II programs.

(a) Reporting processes for continued approval are as follows:

1. The program has procedures or processes to ensure annual continuous improvement and to review and make modifications if needed to maintain compliance with statutory changes. Reporting instructions to the Department for these procedures are posted at https://www.fldoe.org/teaching/preparation/edual-leadership.stml.

2. Each provider shall annually submit program candidate and completer data to the Department’s secure management information system.

3. By November 15 of each year, each provider shall submit via the Department’s eIPEP platform located at https://www.florida-eipep.org/, a program evaluation plan in accordance with Florida Department of Education Continued Program Approval Standards, Form EL CAS-2025 for Level I programs; or Form SP CAS-2025 for Level II programs.

4. During the final year of the program approval period, the Department shall conduct a continued approval site visit that will include a review of each approved program. The purpose of the site visit shall be to review evidence of the program’s implementation of the continued approval standards described in the document, Florida Department of Education Continued Program Approval Standards, Form EL CAS-2025 or Form SP CAS-2025. The site visit shall also include a review of the annual program evaluation plans described in subparagraph (3)(a)2. of this rule. At the end of the site visit, a summative rating score shall be calculated based on criteria outlined in the forms: Form EL CAS-2025 for Level I programs or Form SP CAS-2025 for Level II programs.

5. A program that has three (3) consecutive years within the continued approval period with no completers shall not receive a continued approval site visit, or a summative rating score.

(b) At the end of the continued approval period, the Department shall examine the summary findings with summative rating score from the site visit review. The Commissioner shall grant continued approval or denial of approval for each state-approved Level I or Level II program based on the continued approval summative rating scale and shall notify provider in writing of the decision. The continued approval summative rating scale is as follows:

1. Full Approval with Distinction rating: the program has earned “Acceptable” for all indicators of Standards 1, 2 and 3.

2. Full Approval rating: the program has earned “Acceptable” for each indicator of Standard 3, and indicators 1.2 and 1.3 of Standard 1, and no score of “Unacceptable” in any indicator of Standards 1 and 2.

3. Denial of Approval rating: the program has earned “Needs Improvement” for one or more indicators of Standard 3, or indicators 1.2 and 1.3 of Standard 1, or “Unacceptable” on any indicator of Standards 1, 2 and 3. A program that receives a denial of approval rating may reapply for initial approval as specified in subsection (2) of this rule.

(4) Pursuant to Section 1012.562(2)(c), F.S., a Level I program must guarantee the high quality of personnel who complete the program for the first two (2) years after program completion or the person’s initial certification as a school leader, whichever occurs first. If a person who completed the program is evaluated in a school leadership position at less than highly effective or effective under Section 1012.34, F.S., and the person’s employer requests additional training, the Level I program must provide additional training at no cost to the person or his or her employer.

(5) Program Requirements

(a) Section 1012.562(4), F.S., curriculum for Level I and Level II programs must not:

1. Violate s. 1000.05, F.S.

2. Distort significant historical events. Distortion of historical events in curriculum and instruction is the presentation of or the assignment of instructional resources or learning activities that give a misleading or false account or impression. Examples of theories that distort historical events and are inconsistent with State Board-approved standards include the denial or minimization of the Holocaust, and the teaching of Critical Race Theory (CRT). CRT is the theory that racism is not merely the product of prejudice, but that racism is embedded in American society and its legal systems in order to uphold the supremacy of white persons.

3. Promote identity politics. Promoting identity politics is the presentation of or the assignment of instructional resources or learning activities that promote the theory that an individual inherently adheres to a particular political viewpoint based on one’s race, color, national origin, sex, disability, religion, or marital status.

4. Endorse theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political, and economic inequities. For the purposes of this rule, institutions refer to the initial creation and foundational structure of the legislative, executive, and judicial branches of the United States government.

(b) School leader preparation programs must afford candidates the opportunity to demonstrate mastery of program content, including instructional leadership strategies, coaching development, school safety, and continuous improvement efforts.

(6) The following forms are hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(a) Florida Department of Education Initial Program Approval Standards for Level I Educational Leadership Programs, Form EL IAS-2025 (http://www.flrules.org/Gateway/reference.asp?No=Ref-18010), effective May 2025.

(b) Florida Department of Education Initial Program Approval Standards for Level II School Principal Programs, Form SP IAS-2025 (http://www.flrules.org/Gateway/reference.asp?No=Ref-18011), effective May 2025.

(c) Florida Department of Education Continued Program Approval Standards for Level I Educational Leadership Programs, Form EL CAS-2025 (http://www.flrules.org/Gateway/reference.asp?No=Ref-18012), effective May 2025.

(d) Florida Department of Education Continued Program Approval Standards for Level II School Principal Programs, Form SP CAS-2025 (http://www.flrules.org/Gateway/reference.asp?No=Ref-18013), effective May 2025.

(e) Florida Department of Education Request to Submit Form-Level I Educational Leadership Program, Form RTS-EL 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16037), effective November 2023.

(f) Florida Department of Education Request to Submit Form-Level II School Principal Program, Form RTS-SP 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16038), effective November 2023.

History

• Rulemaking Authority 1001.02, 1012.562, 1012.986 FS. Law Implemented 1012.56, 1012.562, 1012.986 FS. History–New 6-20-07, Amended 12-20-16, 11-28-18, 11-21-23, 5-13-25.

Fla. Admin. Code R. 6A-5.090 Content Area Reading Professional Development and Next Generation Content Area Professional Development

History

• Rulemaking Authority 1001.02(2), 1003.4156, 1003.428 FS. Law Implemented 1001.215, 1003.413(4)(b), 1003.4156, 1003.428 FS. History–New 5-19-08, Amended 4-21-11, Repealed 10-26-15.

Fla. Admin. Code R. 6A-5.0752 Experimental Alternate Certification Program for Secondary Education

History

• Rulemaking Authority 229.053(1), 231.15, 231.17 FS. Law Implemented 120.55(1)(a)4., 231.172 FS. History–New 6-27-85, Formerly 6A-5.752, Repealed 7-2-98.

Chapter 6A-6 SPECIAL PROGRAMS I

Fla. Admin. Code R. 6A-6.001 Basic Principles for Use of Special Teacher Service Units

History

• Rulemaking Authority 236.04(7) FS. Law Implemented 236.04(7) FS. History–New 11-18-72, Formerly 6A-6.01, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.002 Application for STS Service Units

History

• Rulemaking Authority 236.04(7) FS. Law Implemented 236.04(7) FS. History–New 3-26-66, Amended 10-7-68, Formerly 6A-6.02, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.003 Adjustment for STS Units Not Used According to Law

History

• Rulemaking Authority 236.04(7) FS. Law Implemented 236.04(7) FS. History–New 10-7-68, Amended 11-18-72, Formerly 6A-6.03, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.004 Types of Service to Be Provided by Use of STS Units

History

• Rulemaking Authority 236.04(7) FS. Law Implemented 236.04(7) FS. History–New 2-20-63, Amended 10-7-68, 11-18-72, Formerly 6A-6.04, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.005 Types of Personnel Not to Be Enployed by Use of STS Units

History

• Rulemaking Authority 236.04(7) FS. Law Implemented 236.04(7) FS. History–New 10-7-68, Formerly 6A-6.05, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.006 Qualification of STS Personnel

History

• Rulemaking Authority 236.04(7) FS. Law Implemented 236.04(7) FS. History–New 10-7-68, Formerly 6A-6.06, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.007 Use of Funds Allotted for Period beyond Ten Months (Summer Program)

History

• Rulemaking Authority 236.04(7) FS. Law Implemented 236.04(7) FS. History–New 2-20-63, Amended 3-26-66, 10-7-68, 11-18-72, 12-18-72, 7-20-73, Formerly 6A-6.07, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.0071 Reports of Services Rendered in Period beyond Ten Months

History

• Rulemaking Authority 236.04(7) FS. Law Implemented 236.04(7) FS. History–New 11-18-72, Formerly 6A-6.071, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.009 Adult Individualized Literacy Instruction Program

History

• Rulemaking Authority 229.053, 239.305 FS. Law Implemented 239.305 FS. History–New 2-21-85, Formerly 6A-6.09, Repealed 5-19-98.

Fla. Admin. Code R. 6A-6.010 General Adult Education

History

• Rulemaking Authority 1001.41(5) FS. Law Implemented 1000.04(1), 1001.41(5) FS. History–New 12-5-74, Amended 7-2-79, Formerly 6A-6.10, Amended 10-17-89, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.011 Definition of Adult Student

History

• Rulemaking Authority 228.061(4)(a)3., 229.053(1), 239.115 FS. Law Implemented 228.061, 236.013(2)(c)1., (v) FS. History–New 7-20-73, Amended 6-17-74. Repromulgated 12-5-74, Formerly 6A-6.11, Amended 10-17-89, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.012 Plans of Organization and Administration of Local Adult General Education Program

History

• Rulemaking Authority 1004.93(8), 1012.55(1) FS. Law Implemented 1001.65(25), 1004.65(3), 1004.93, 1012.55(1) FS. History–New 12-5-74, Amended 12-7-82, Formerly 6A-6.12, Amended 10-17-89, Repealed 6-23-16.

Fla. Admin. Code R. 6A-6.013 Curriculum of Adult General Education

History

• Rulemaking Authority 228.061(4)(a)3., 229.053(1), 239.301(10) FS. Law Implemented 228.061(4)(a)3., 232.2454, 232.246, 232.2462 FS. History–New 2-20-64, Amended 2-18-74, 12-5-74, 1-3-82, Formerly 6A-6.13, Amended 10-17-89, Repealed 5-19-98.

Fla. Admin. Code R. 6A-6.0131 Responsibilities of Local Sponsors for Implementing the Education for the Handicapped Adult Program

History

• Rulemaking Authority 228.061(4)(a), 229.053(1), 239.301(10) FS. Law Implemented 228.061, 236.081, 239.301 FS. History–New 9-19-90, Repealed 11-26-08.

Fla. Admin. Code R. 6A-6.0132 Education for Handicapped Adult Program

History

• Rulemaking Authority 228.061(4)(a), 229.053(1), 239.301 FS. Law Implemented 236.013(2)(c)1.b., (v), 236.081, 239.301 FS. History–New 9-19-90, Repealed 11-26-08.

Fla. Admin. Code R. 6A-6.014 General Requirements for Adult General Education Program

(1) Purpose. The purpose of this rule is to set forth requirements for adult general education programs operated by school districts, community-based organizations and Florida College System institutions, including enrollment critieria, determination of educational functioning levels and measurable skills gains for adult education students.

(2) Definitions.

(a) “Adult general education” means comprehensive instructional programs designed to improve the employability of the state’s workforce through adult basic education, adult secondary education, English for Speakers of Other Languages (ESOL), applied academics for adult education instruction and instruction for adults with disabilities, as defined in Section 1004.02(3), F.S.

(b) “Basic skills” means reasoning through language arts, mathematics, English language acquisition or other foundational educational areas that enable someone to obtain employment or succeed in postsecondary education. To be deficient in basic skills means that a student is below a secondary school level in one or more areas.

(c) “Educational functional level” or “EFL” is a measurement of the academic progress of adult education students based on National Reporting System-approved assessments. There are twelve levels, each describing the academic skills that an adult should be able to perform: 6 levels for Adult Basic Education (ABE) and 6 levels for English Speakers of Other Languages (ESOL).

(d) “National Reporting System for Adult Education” or “NRS” is the accountability system for the federally funded adult education program, required by Section 212 of the Workforce Innovation and Opportunity Act (WIOA).

(e) “Occupational completion points” or “OCPs” means the skills or competencies that qualify a person to enter an occupation that is linked to a career and technical education program, as defined in Section 1004.02(21), F.S., which are identified in each postsecondary career certification and applied technology diploma framework in Rule 6A-6.0571, F.A.C.

(3) Facilities. Instructional facilities should be consistent with the number and nature of adults served, as well as instructional methods and objectives.

(4) Enrollment Criteria (General). For all adult general education programs, other than the Adult High School Co-Enrolled Program described in paragraph (5)(f), students must meet the following criteria prior to enrollment:

(a) Be at least 16 years of age;

(b) Have filed a formal declaration of intent to terminate school enrollment pursuant to Section 1003.21(1)(c), F.S., or for home education students, have filed a written notice of termination of their home education program with the district superintendent pursuant to Section 1002.41(1)(c), F.S.; and

(c) Are a United States citizen or lawfully present in the United States. Adult Education providers must establish and implement written policies to verify that students are United States citizens or lawfully present in the United States. Such policies must be applied consistently to all students and in a nondiscriminatory manner.

(5) Enrollment Criteria (Program Specific). In addition to the general age and school termination requirements set forth in subsection (4) of this rule, students enrolling in adult general education must also meet the following minimum requirements specific to their program(s) of enrollment:

(a) Adult Basic Education (ABE) Program. To enroll in ABE, students must:

1. Have pre-tested at an Educational Functioning Level (EFL) of level 1-4 on one of the assessments listed in paragraph (7)(b) of this rule; and,

2. Be deficient in basic skills or have not earned a high school diploma or a high school equivalency diploma.

(b) GED Preparation Program. To enroll in GED Preparation, students must:

1. Have not earned a high school diploma or a high school equivalency diploma; and

2. Have pre-tested at an EFL of level 5-6 on one of the assessments listed in paragraph (7)(b) of this rule.

(c) Academic Skills Building. To enroll in Academic Skills Building, students must:

1. Need remediation in basic skills to pursue postsecondary education or to enter the workforce; and

2. Have pre-tested at an EFL of level 5-6 on one of the assessments listed in paragraph (7)(b) of this rule.

(d) English Speakers of Other Languages (ESOL) Program. To enroll in ESOL, students must:

1. Be deficient in basic skills; and

2. Have pre-tested at an EFL of level 1-6 on one of the assessments listed in paragraph (7)(c) of this rule.

(e) Adult High School (AHS) Program. To enroll in AHS, students must not have earned a high school diploma or a high school equivalency diploma. Currently enrolled K-12 students may not be withdrawn from their public schools in order to enroll in a adult high school program during a summer break in public school enrollment.

(f) Adult High School Co-Enrolled Program. School districts or Florida College System institutions with current enrollment in an adult high school program may offer adult high school courses to currently enrolled public school students. Currently enrolled public school students may only be enrolled if they satisfy the following criteria:

1. Require credit recovery due to a deficiency in one or more high school credits required for graduation, which impacts their ability to graduate on-time with their cohort; and,

2. Do not have a pattern of excessive absenteeism or habitual truancy or a history of disruptive behavior in school. School districts and Florida College Systems must have policies for enrollment related to excessive absenteeism and disruptive behavior and must submit a copy of of those policies to the Department of Education by July 1 of each academic year. Policies must be submitted to FloridaAdultEducation@fldoe.org.

(6) Teacher qualifications. Each school district shall establish the minimal qualifications for part-time and full-time teachers in adult education programs per Section 1012.39, F.S.

(7) Academic skills tests for adults enrolled in ABE, GED® Preparation, ASB and ESOL.

(a) Requirements for pre- and post-tests for adult general education students are as follows:

1. All newly enrolled students must be pre-tested to determine EFL within the first twelve (12) hours of instruction.

2. Programs must comply with test publishers’ recommended timeframes for post-testing.

3. In certain limited cases, instructors and test administrators, based on their professional judgment, may request an exception to the test publishers’ recommended timeframes for post-testing an adult learner, but the administrator or designee must approve and record the deviation and reasons therefore.

4. Students completing the required course work to earn their high school diploma or earning the State of Florida High School Equivalency Diploma in accordance with Rule 6A-6.0201, F.A.C., are not required to post-test upon earning this credential.

(b) The following tests, English language versions only, are approved to pre-test students to determine initial educational functioning level and to post-test for documentation of learning gains of a student enrolled in the ABE, GED or ASB program. The tests shall be used with appropriate accommodations for students with disabilities as specified in Section 1004.02(6), F.S.

1. Tests of Adult Basic Education (TABE);

2. Comprehensive Adult Student Assessment System (CASAS);

3. ACT WorkKeys Applied Math;

4. ACT WorkKeys Workplace Documents.

(c) The following tests, English language versions only, are approved to pre-test students to determine educational functioning level and to post-test for documentation of learning gains of a student enrolled in the adult English for Speakers of Other Languages program and shall be used with appropriate accommodations for students with disabilities, as specified in Section 1004.02(6), F.S.

1. Comprehensive Adult Student Assessment System (CASAS);

2. Basic English Skills Test (BEST) Plus;

3. Basic English Skills Test (BEST) Literacy;

4. Tests for Adult Basic Education Complete Language Assessment System – English (TABE CLAS-E).

(8) Student progress will be measured by attainment of Measurable Skill Gains (MSGs) using one or more of the following:

(a) EFL Gain;

1. Documented achievement of at least one EFL in reading, writing, speaking and listening and functional areas, as measured by an NRS approved assessment listed in subsection (7) of this rule.

2. Earning the requisite number of credits to advance from ABE Level 5 to ABE Level 6 based on the student’s selected diploma option in AHS, as described below:

a. 24-credit diploma option. Students documented at ABE Level 5 have earned from 0-12 high school credits toward a traditional 24 credit diploma. Students who reach or complete ABE Level 6 must earn 13-24 credits toward a 24-credit diploma.

b. 18-credit diploma option. Students documented at ABE Level 5 have earned from 0-9 high school credits toward a Academically Challenging Curriculum to Enhance Learning (ACCEL) 18-credit diploma. Students who reach or complete ABE Level 6 10-18 credits toward the 18-credit ACCEL option.

3. Enrollment in a postsecondary educational or training program during the program year; and

4. Passage of a subtest of the state of Florida approved high school equivalency examination, the 2014 GED® Test.

(b) Attainment of State of Florida High School Equivalency Diploma or Adult Standard High School Diploma.

(c) Earning at least 360 clock hours or 12 credit hours in an approved CTE post-secondary program of enrollment within the program year (July 1 – June 30);

(d) Demonstration of progress toward milestones as follows:

1. Full program completion of a registered preapprenticeship program, as defined in Rule 6A-23.010, F.A.C.; or

2. Earning an occupational completion point (OCP).

(e) Passage of an industry certification credential examination on the Master Credentials List, adopted in Rule 6A-6.0576, F.A.C., or on the Perkins V Industry Recognized Credential List, available at https://www.fldoe.org/academics/career-adult-edu/research-evaluation/perkins.stml.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1004.93(9), 1011.80(12) FS. Law Implemented 1004.93, 1011.80 FS. History–New 2-20-64, Amended 4-11-70, 11-17-73, 2-18-74, 6-17-74, Repromulgated 12-5-74, Amended 12-6-84, Formerly 6A-6.14, Amended 12-28-86, 10-17-89, 12-29-98, 4-26-06, 9-19-07, 8-18-09, 2-1-11, 4-1-15, 2-20-18, 2-18-25, 8-5-26.

Fla. Admin. Code R. 6A-6.015 Professional Requirements for Administrators and Supervisors of Adult General Education Program

History

• Rulemaking Authority 1001.03, 1012.55(1) FS. Law Implemented 1001.03, 1001.42(5)(b), 1012.55(1) FS. History–New 2-20-64, Repromulgated 12-5-74, Formerly 6A-6.15, Amended 10-17-89, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.016 Computation of Instruction Units for Adult General Education

History

• Rulemaking Authority 236.04(6) FS. Law Implemented 236.04(6) FS. History–New 2-20-64, Formerly 6A-6.16, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.0161 Determination of Adult General Education Funds

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.081(1)(c) FS. History–New 2-18-74, Amended 12-5-74, Formerly 6A-6.161, Repealed 7-12-77.

Fla. Admin. Code R. 6A-6.017 Accreditation of Adult High Schools

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.802 FS. History–New 2-20-64, Formerly 6A-6.17, Repealed 8-19-72.

Fla. Admin. Code R. 6A-6.018 Obtaining State Approval of District Adult Education Programs for the Enrollment of Veterans and Eligible Dependents

History

• Rulemaking Authority 228.061(2), 229.053(1) FS. Law Implemented 228.061(2) FS. History–New 2-20-64, Amended 12-5-74, Formerly 6A-6.18, Repealed 4-18-96.

Fla. Admin. Code R. 6A-6.019 Establishment of Special Programs of Education and Training for Veterans and Eligible Dependents

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 228.061(2) FS. History–New 4-11-70, Amended 2-18-74, 12-5-74, Formerly 6A-6.19, Repealed 4-18-96.

Fla. Admin. Code R. 6A-6.020 Granting High School Credits and Diplomas to Adults

(1) The award of high school credits to adults on the basis of prescribed work completed in the adult education program of the district school board or Florida College System Institution Board of Trustees shall be based on demonstrated mastery of the student performance standards in the course of study, as provided by rules of the district school board or Florida College System Institution Board of Trustees. Such requirements shall be consistent with the needs of the adult students, the purposes of the schools, and the requirements of Florida Statutes.

(2) Graduation requirements. To determine graduation requirements, including course requirements and state assessments, for students who are not enrolled in the K-12 educational system and enroll in adult high school, the following shall apply:

(a) Students entering adult high school and whose ninth grade cohort has not graduated must meet the graduation requirements based on the year that the student entered the ninth grade, and,

(b) Students entering adult high school after their ninth grade cohort has graduated or who are not part of a ninth grade cohort must meet the current twelfth grade cohort graduation requirements that are in effect for the year they enter adult high school.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.4282(11) FS. Law Implemented 1003.4282 FS. History–New 2-20-64, Amended 11-17-73, Repromulgated 12-5-74, Amended 6-6-78, 7-2-79, 12-26-85, Formerly 6A-6.20, Amended 1-23-13.

Fla. Admin. Code R. 6A-6.0200 Graduation Alternative to Traditional Education Program

(1) Purpose. The purpose of this rule is to establish requirements for the Graduation Alternative to Traditional Education (GATE) Program, which is designed to provide students with alternative pathways to graduation and postsecondary education, with a focus on career readiness and skills development.

(2) Definitions.

(a) “Adult secondary education program” means the GED Preparation Program and Adult High School program frameworks adopted by the State Board of Education in Rule 6A.6.0571, F.A.C.

(b) “Career and technical education coursework” means postsecondary career certificate or applied technology diploma courses which are offered as part of a career education program.

(c) “Career education program” means an applied technology diploma program as defined in s. 1004.02(7), F.S., or a career certificate program as defined in s. 1004.02(20), F.S., with adopted frameworks approved by the State Board of Education in Rule 6A-6.0571, F.A.C.

(d) “Concurrent enrollment” means enrollment of a student in an adult secondary education program and career education program in the same academic term,

(e) “Institution” means a school district career center established under s. 1001.44, F.S., a charter technical career center established under s. 1002.34, F.S., or a Florida College System institution identified in s. 1000.21, F.S. The Department will publish a list of these institutions.

(f) “Master Credentials List” means the list of non-degree programs for school districts and Florida College System institutions adopted by the Credentials Review Committee and CareerSource Florida and transmitted to the Department in accordance with s. 445.004, F.S., and adopted by the State Board of Education Rule in 6A-6.0576, F.A.C.

(g) “Withdrawn from high school” means that student has voluntarily withdrawn from all public and private secondary education and is not currently enrolled in a public school, private school or home education program.

(3) Institutional Procedures for Operation of the GATE program. School districts and Florida College System institutions offering the GATE program must maintain written policies and procedures for its operation. These written procedures must include the following:

(a) A student application with attestations and documentation required to determine student eligibility to participate;

(b) Enrollment agreement form signed by the student attesting to their knowledge of the statutory requirements;

(c) Process for review and verification of student eligibility;

(d) Identification of and process for student selection of a CTE program including notification regarding programs in which GATE students may not be eligible due to age or other requirements;

(e) Process for awarding extensions on the three-year enrollment limit in s. 1004.933(4)(b), F.S., due to extenuating circumstances;

(f) Partnership agreements; and,

(g) Communications plan for notification of parents, local workforce boards and other stakeholders of the program availability.

(4) Partnerships for offering the GATE program between eligible postsecondary institutions and adult education providers. Eligible institutions identified in subsection (2) may partner with school districts to provide the adult education program component. Scholarship funds associated with the GATE participation waiver of tuition and fees shall be provided to the eligible institutions under subsection (2). Both the adult secondary education and career education providers must provide the respective waivers for tuition and other fees. The partnership agreement should address how scholarship funds received by the postsecondary career education provider will be disbursed to the school district adult secondary education provider.

(5) Program notification. Eligible school districts and Florida College System institutions seeking to offer the GATE program must submit a program notification to the Division of Career and Adult Education and receive approval prior to offering the program. Form FGATE-01, Graduation Alternative to Traditional Education (GATE) Program Summary (http://www.flrules.org/Gateway/reference.asp?No=Ref-19106) (effective March 2026) is hereby incorporated by reference and must be utilized for program notification. The form must be accompanied by the district or college’s written policies and procedures for program operation, as identified in subsection (3). Upon approval of the proposed GATE program, an institution is eligible to enroll students in compliance with the requirement in s.1004.933, F.S. The following requirements must be met when completing the FGATE-01 GATE Program Summary form to ensure accurate and complete program notification:

(a) If a school district or Florida College System institution operates more than one career center, a separate FGATE-01 GATE Program Summary form must be submitted for each institution seeking to offer the GATE program.

(b) School districts that operate a career center and also maintain one or more independent instructional sites for adult education may utilize these sites to deliver the GED® Preparation and Adult High School (AHS) components of the GATE program. An independent instructional site is a school that is not reported under the career center but operates under and reports through the same school district as the career center.

(c) GATE students must be permitted to select any Career and Technical Education (CTE) program offered by the career center or Florida College System institution that is an applied technology diploma or a career certificate program included on the Master Credentials List, except where enrollment is restricted due to programmatic requirements. The physical location of a student’s enrollment in GED Preparation or AHS cannot be used as a basis to restrict or limit access to CTE programs. GATE students must be allowed to select eligible CTE programs offered by the career center regardless of where adult education instruction is delivered.

(6) Enrollment requirements. A student must be concurrently enrolled in an adult secondary education program and the career education program in each term of enrollment, unless the student has completed their high school equivalency or adult high school diploma. A career education program must be on the Master Credentials List, valid at the time of the student’s enrollment in the GATE program. If a career education program is removed from the Master Credentials List after the student’s initial enrollment, the student may continue enrollment in that program until completion, subject the enrollment limitations in the statute.

(a) If the district or Florida College System institution does not have enrollment in the summer reporting term for adult education, a student may maintain enrollment in their career education program during that term and enroll in the next term for the adult secondary education program.

(b) If a student terminates their enrollment or is withdrawn for non-attendance from the adult secondary education program without completion of the diploma by the end of the term, their participation in the GATE program is also terminated. However, the district or college may determine whether extraordinary circumstances occurred which required the student’s withdrawal for non-attendance and may allow for re-entry into the GATE program based upon their review.

(7) Reporting requirements for school districts and Florida College System institutions.

(a) For the 2024-25 reporting year, school districts and Florida College System institutions are required to report the following information in a supplemental format as specified by the Department:

1. Student participation in the GATE program including courses taken for the adult secondary and career education programs;

2. Student completion of the high school equivalency diploma or adult high school diploma;

3. Student completion of the career education program selected as part of the GATE program enrollment; and,

4. Industry certifications earned by students as a result of GATE program participation.

(b) Beginning with the 2025-26 reporting year, school districts and Florida College System institutions are required to report GATE program participation, enrollment, and completion data as specified in the database manual reporting manual, in accordance with Rules 6A-1.0014 Comprehensive Management Information System and 6A-1.0015 K-20 Data Warehouse, F.A.C.

(c) For school districts with partnerships identified in subsection (4), the secondary education program must report GATE program participation and the postsecondary career education must be reported by the eligible institution.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1004.933(7) FS. Law Implemented 1004.933, 1011.805, 1011.8041 FS. History–New 10-29-24, Amended 3-26-26.

Fla. Admin. Code R. 6A-6.0201 State of Florida High School Diplomas

(1) Pursuant to the requirements of Section 1003.435, F.S., the Commissioner shall award a State of Florida High School Diploma to a candidate who meets all of the following requirements:

(a) Takes at least one (1) exam of the 2014 GED® Test at a testing center in Florida approved by the Department of Education; and,

(b) Attains a minimum score of one hundred and forty-five (145) on each of the four (4) sub-tests of the 2014 GED® Test: Reasoning through Language Arts, Mathematical Reasoning, Science and Social Studies.

(2) The Commissioner of Education shall award a State of Florida High School Diploma to a candidate who achieved the criteria in subsection (1) from January 1, 2014, to the effective date of this rule.

(3) The Department shall convert sub-test scores which meet the minimum requirement from test administrations at any approved GED® testing center in another state or jurisdiction for residents of the state of Florida. The Commissioner shall award a State of Florida High School Diploma to Florida residents who meet the passing standard as specified in paragraph (1)(b) of this rule or the Florida passing standard for any previous test series. Individuals must provide proof of residency for a test score from another state or jurisdiction to be converted.

(4) The Department shall designate official testing centers in the state which are authorized to act as agents of the state in administering the 2014 GED® Test. The following entities are eligible to be authorized to offer the 2014 GED® Test:

(a) Public schools or other appropriate facilities of a local education agency (LEA).

(b) Public postsecondary educational institutions.

(c) Correctional facilities for state and/or local inmates.

(d) Correctional facilities for individuals in the custody of or under the supervision of the Florida Department of Juvenile Justice.

(e) If adequate access to public testing is not available at public schools and public postsecondary educational institutions in the county, other not-for-profit educational institutions or other governmental entities, including public libraries, are eligible to be approved as testing centers.

(f) OnVUE online-proctored testing center.

(5) Each official testing center shall establish a schedule for testing which adequately meets the needs of the candidates within its service area.

(6) The Department shall maintain a perpetual record of individual test results and issue State of Florida High School Diplomas and official transcripts to successful candidates.

(7) For in-person testing at an approved testing center, the statewide testing fee for the 2014 GED® Test shall be thirty-eight (38) dollars for each of the following sub-tests: Reasoning through Language Arts, Mathematical Reasoning, Social Studies and Science. This fee shall be paid by the candidate at the time of the registration and scheduling of the test and includes an electronic diploma and electronic transcript.

(8) For an online-proctored test administration, the statewide testing fee for the 2014 GED® Test shall be thirty-eight (38) dollars for each of the following sub-tests: Reasoning through Language Arts, Mathematical Reasoning, Social Studies and Science. This fee shall be paid by the candidate at the time of the registration and scheduling of the test and includes an electronic diploma and electronic transcript.

(9) A fee shall be assessed for the following services and document production to test takers or other entities seeking official documents with the signed authority of the test candidate or recipient of the diploma for all documents and services provided on or after July 1, 2024:

(a) Duplication of diploma and transcript: twenty (20) dollars.

(b) Conversion of scores from applicants who have taken the GED® tests in the military or other states or jurisdictions: fifteen (15) dollars.

(c) Third-party verification of diploma and transcript: twenty-two (22) dollars.

(d) Initial optional printed diploma: ten (10) dollars.

(10) Pursuant to the requirements of s. 1003.435, F.S., individuals aged sixteen (16) and seventeen (17) years of age must terminate school enrollment prior to taking the 2014 GED® Test. Effective November 1, 2024, the parent or legal guardian of the individual aged sixteen (16) and seventeen (17) years of age must submit a signed and notarized Underage Testing Form and proof of withdrawal from school to the High School Equivalency Diploma Program office via email at GEDAgeWaiver@fldoe.org before the individual can schedule a sub-test of the 2014 GED® Test.

(a) The individual will be notified by GED® when they are cleared to take the 2014 GED® test.

(b) Test scores, and any diplomas based on such scores, that are earned by someone under the age of eighteen (18) not in conformance with this rule will be invalidated.

(11) Required form for authorization to test for individuals aged sixteen (16) and seventeen (17). The following form is hereby incorporated by reference: Form FGED-01, Florida GED® Testing Program Underage Testing Form (effective October 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17062). The form may be obtained by contacting the High School Equivalency Diploma Program Office, Bureau of Adult Education, Division of Career and Adult Education, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

History

• Rulemaking Authority 1001.02(1), 1003.435(1), (4)(b) FS. Law Implemented 1003.435 FS. History–New 11-19-13, Amended 3-23-16, 9-21-21, 9-26-23, 7-2-24, 10-29-24.

Fla. Admin. Code R. 6A-6.0202 Awarding High School Diplomas to Honorably Discharged Veterans

(1) Pursuant to the requirements of Section 1003.4286, F.S., the Commissioner may award a standard high school diploma to an honorably discharged veteran who meets the following requirements:

(a) Left a public or non-public school located in any state prior to graduation and entered the armed forces of the United States.

(b) Is a current resident of the state of Florida, or was previously enrolled in any high school in this state, or was a resident of the state of Florida at the time of death.

(c) Is honorably discharged from the armed forces of the United States as verified by the Department of Veterans Affairs.

(2) The diploma may be presented posthumously.

(3) An application verifying all the requirements set forth in subsection (1) of this rule shall be forwarded, upon completion, to the Florida Department of Education using Form FLVET-01, Veterans High School Diploma Application, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03249) effective November 2013, which is hereby incorporated by reference in this rule. Form FLVET-01 may be obtained by contacting the Florida Department of Education, Veterans High School Diploma Program, 325 West Gaines Street, Room 714, Tallahassee, Florida 32399.

History

• Rulemaking Authority 1003.4286 FS. Law Implemented 1003.4286 FS. History–New 12-3-13.

Fla. Admin. Code R. 6A-6.0203 Awarding High School Diplomas to Eligible Persons Previously Confined to the Dozier School for Boys or Okeechobee School

(1) The Commissioner may award a standard high school diploma to eligible persons previously confined to the Dozier School for Boys or Okeechobee School who meet the following requirements:

(a) Received compensation pursuant to section 16.63, Florida Statutes, as verified by the Department of Legal Affairs; and

(b) Has not completed high school graduation requirements.

(2) An application verifying all the information set forth in subsection (1) of this rule shall be forwarded, upon completion, to the Florida Department of Education using Form FLDOZ-01, Standard High School Diploma Application, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17058) effective October 2024, which is hereby incorporated by reference in this rule. Form FLDOZ-01 may be obtained by contacting the Florida Department of Education, Student Services, 325 West Gaines Street, Room 644, Tallahassee, Florida 32399.

History

• Rulemaking Authority 1001.02 FS., Chapter 2024-254 LOF. Law Implemented 1001.02 FS., Chapter 2024-254 LOF. History–New 10-29-24.

Fla. Admin. Code R. 6A-6.021 State of Florida High School Diplomas

History

• Rulemaking Authority 1001.02(1), 1003.435(1), (6) FS. Law Implemented 1003.435 FS. History–New 2-20-64, Amended 4-11-70, 6-7-70, 6-17-74, Repromulgated 12-5-74, Amended 5-4-76, 6-7-77, 1-1-79, 9-1-79, 12-7-82, 7-10-85, Formerly 6A-6.21, Amended 12-21-87, 3-1-98, 5-19-08, 9-22-08, 6-18-12, Repealed 6-25-14.

Fla. Admin. Code R. 6A-6.0211 Secondary Level Subject Area Examinations

History

• Rulemaking Authority 229.053(1), 229.814(1), (3) FS. Law Implemented 229.814(1), (3) FS. History–New 6-6-78, Amended 7-2-79, 7-16-79, Formerly 6A-6.211, Repealed 5-17-88.

Fla. Admin. Code R. 6A-6.0212 Performance-Based Exit Option Model and State of Florida High School Performance-Based Diploma

The Department of Education shall award a State of Florida High School Performance-Based Diploma pursuant to Section 1003.435, F.S., to a candidate who meets all of the requirements of the Performance-Based Exit Option Model, as prescribed herein.

(1) General and Administrative Components.

(a) The Department shall designate the authority of awarding the State of Florida High School Performance-Based Diploma to each approved school district participating in the Performance-Based Exit Option Model.

(b) School districts must apply and be approved by the Department in order to implement the Performance-Based Exit Option Model at all school sites. Each approved school district must submit a renewal application every two (2) years to continue to implement the Performance-Based Exit Option Model. School districts who are seeking initial approval to implement the Performance-Based Exit Option Model may apply during any given school year.

(c) School districts may amend approved applications anytime during the school year by completing and submitting an amendment to the Department.

(d) The district shall identify a Performance-Based Exit Option Model administrator who will be responsible for verifying that candidates are authorized to test.

(2) Eligibility and Admission Components.

(a) The Performance-Based Exit Option Model is not to be a preferred or accelerated means of completing high school. Thus, this model is not a vehicle for the early exit of students and may only be exercised for students who are off track to graduate with their kindergarten cohort due to being over age for their grade, behind in credits or have a Grade Point Average (GPA) below 2.0 as required by Section 1003.4282, F.S., in order to earn a standard high school diploma. Students participating in the Performance-Based Exit Option Model may not graduate prior to their kindergarten cohort. Participation in this model is voluntary and requires parental notification and consent. Entry and exit policies must conform to state compulsory attendance requirements, as well as district daily attendance policies.

(b) Any eligible student currently enrolled in a PK-12 program, including special programs such as exceptional student education, dropout prevention, teenage parent, Department of Juvenile Justice, and English for Speakers of Other Languages (ESOL) may participate in the Performance-Based Exit Option Model. To be eligible to participate in the Performance-Based Exit Option Model, a student must, at a minimum, be:

1. At least sixteen (16) years old and currently enrolled in a PK-12 program;

2. Enrolled in and attending high school courses that meet high school graduation requirements as specified in Section 1003.4282, F.S.;

3. In jeopardy of not graduating with their kindergarten cohort because they are over age for their grade, behind in credits, or have a GPA below 2.0;

4. Assessed at a seventh grade reading level or higher at the time of selection (ninth grade or higher at the time of testing for the State of Florida High School Diploma authorized under Rule 6A-6.0201, F.A.C.), as documented by the Test of Adult Basic Education (TABE) reading component, Comprehensive Adult Student Assessment Systems (CASAS) reading component or other assessment to determine grade-level proficiency.

(c) The student eligibility criteria articulated in this rule in paragraph (2)(b), are the minimum requirements to which each school district implementing the Performance-Based Exit Option Model must adhere.

(d) After the student’s initial eligibility has been determined, a comprehensive review of student records by designated school personnel or a child study team, including, but not limited to grades, credits, attendance, behavior and education plans, must be completed to decide if the Performance-Based Exit Option Model is the most appropriate educational strategy.

(e) If the student is a minor, parents or guardian(s) must be informed and give written consent to a student’s participation in the Performance-Based Exit Option Model. The student’s record must include written notification of the student’s eligibility, parents’ or guardians’ right to an administrative review of the proposed placement, and parental or guardian consent, in writing, for student’s participation prior to utilizing this model. The student’s parent or guardian must be informed of the results of the record review and provided clarification that the student’s transcript will not indicate the award of a standard high school diploma.

(f) Academic counseling is required before program entry and during participation in the program. Counseling and advisement services must be provided to both students and parents or guardians regarding the Performance-Based Exit Option Model and other graduation options prior to participation so that they can make an informed decision regarding placement.

(3) Curriculum and Instruction.

(a) The curricula and instructional content for the Performance-Based Exit Option Model must be at the high school level and aligned to the student’s postsecondary goals. Each student must be enrolled in and attending K-12 high school courses that meet the high school graduation requirements specified in Section 1003.4282, F.S.

(b) The content of the Performance-Based Exit Option Model must be academic and may include career and technical education instruction or activities. The school district must prepare the student to successfully pass the statewide, standardized assessments and approved assessments for the State of Florida High School Diploma in Rule 6A-6.0201, F.A.C., by providing a full range of instruction that aligns with the State Academic Standards and the core content of the approved assessments covering English language arts, mathematics, social studies, and science. The Adult General Education Standards and Curriculum Frameworks incorporated in Rule 6A-6.0571, F.A.C., which are incorporated herein by reference, guides the curriculum and instruction for the State of Florida High School Diploma. Career and Technical Education instruction and activities should be directed at the knowledge, skills, and abilities required for securing and maintaining employment.

(c) Instruction for the Performance-Based Exit Option Model must be of sufficient intensity and duration to ensure that participating students have a fair opportunity to raise their skills to the level necessary to earn a State of Florida High School Performance-Based Diploma in a reasonable period of time. Appropriate instructional materials must be provided in adequate quantities and must be available when students need them. Instructional strategies that focus on individual student progress are strongly encouraged.

(d) Students are required to adhere to district attendance and code of conduct policies.

(e) Districts must administer the official practice test for the High School Equivalent Assessment approved in Rule 6A-6.0201, F.A.C., under student testing conditions, prior to testing students for the operational test. Districts must provide academic interventions to students who do not earn acceptable scores on the official practice tests.

(4) Program Completion Requirements.

(a) For students to successfully complete the Performance-Based Exit Option Model, the student must:

1. Continue enrollment and attendance in high school courses that meet high school graduation requirements as specified in Section 1003.4282, F.S.

2. Pass the statewide, standardized assessments required for a standard high school diploma, or receive a concordant or comparative score in accordance with Section 1008.22, F.S.;

3. Pass all of the required subtests for the State of Florida High School Diploma as specified in Rule 6A-6.0201, F.A.C.; and,

4. Complete any additional requirements established by the school district.

(b) Students earning the State of Florida High School Performance-Based Diploma are not required to obtain the minimum credits and GPA that are required for a standard high school diploma.

(c) Students must successfully participate in the Performance-Based Exit Option Model for at least one full semester.

(d) Students who are participating in the Performance-Based Exit Option Model during their 13th year of school and their kindergarten cohort has already graduated are not required to continue classes until the end of the currently enrolled semester if they have:

1. Successfully passed the statewide, standardized assessments required for a standard high school diploma as set forth in Section 1003.4282, F.S., or received concordant or comparative scores in accordance with Section 1008.22, F.S.;

2. Passed the required tests for the State of Florida High School Diploma as specified in Rule 6A-6.0201, F.A.C.; and,

3. Completed any additional requirements established by the school district.

(5) Official Recognition.

(a) Students enrolled in the Performance-Based Exit Option Model are eligible to participate in all standard high school activities, including extracurricular activities, as well as graduation and other recognition ceremonies.

(b) A student completing the Performance-Based Exit Option Model who passes all of the required tests for the State of Florida High School Diploma as specified in Rule 6A-6.0201, F.A.C., and the required statewide, standardized assessments, or receives a concordant or comparative score in accordance with Section 1008.22, F.S., must be awarded a State of Florida High School Performance-Based Diploma.

(c) A student completing the Performance-Based Exit Option Model who does not meet the graduation requirements established in Section 1003.4282, F.S., does not qualify to receive a standard high school diploma.

(d) If a student passes all of the required tests for the State of Florida High School Diploma as specified in Rule 6A-6.0201, F.A.C., but does not pass the statewide, standardized assessments required for a standard high school diploma as set forth in Section 1003.4282, F.S., the student must only be awarded the State of Florida High School Diploma.

(e) Rule 6A-1.0995, F.A.C., provides the allowable format for State of Florida High School Performance-Based Diploma.

(6) Form. The following form is hereby incorporated by reference: Performance-Based Exit Option Model Application (effective April 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16551). The form may be obtained by contacting the Bureau of School Improvement, Division of Public Schools, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

History

• Rulemaking Authority 1001.02, 1003.435, 1003.53 FS. Law Implemented 1003.4282, 1003.435, 1003.53, 1008.22 FS. History–New 7-19-10, Amended 9-30-15, 4-30-24.

Fla. Admin. Code R. 6A-6.022 Required Instruction in Florida History and Government

History

• Rulemaking Authority 1001.02 FS. Law Implemented 20.15(4)(a), 1003.42 FS. History–New 4-17-72, Repromulgated 12-5-74, Formerly 6A-6.22, Repealed 11-13-12.

Fla. Admin. Code R. 6A-6.023 Comprehensive Health Education

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 233.067 FS. History–New 2-18-74, Amended 12-5-74, Formerly 6A-6.23, Repealed 4-18-96.

Fla. Admin. Code R. 6A-6.024 School Entry Health Examination

This rule implements the school entry health examination required by Section 1003.22, F.S.

(1) Any health professional who is licensed in Florida or in the state where the student resided at the time of the health examination and who is authorized to perform a general health examination under such licensure shall be acceptable to certify that health examinations have been completed.

(2) Certification that a health examination has been completed may be documented on the State of Florida, Department of Health, DH Form 3040-CHP-07/2013, “School Entry Health Exam,” which is incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-05986) and available online at http://www.floridahealth.gov/programs-and-services/childrens-health/school-health/_documents/school-health-entry-exam-form-dh3040-chp-07-2013.pdf, or a signed statement by an authorized professional that indicates the results of the components included in the health examination. A hard copy of the School Entry Health Exam may be obtained by contacting Student Support Services, Turlington Building, 325 West Gaines, Suite 644, Tallahassee, Florida 32399.

(3) Transfer of all student health records shall be in accordance with paragraphs 6A-1.0955(9)(a), (b), (c), F.A.C.

History

• Rulemaking Authority 1001.02(1), 1003.22(2) FS. Law Implemented 1003.22 FS. History–New 7-1-81, Amended 12-6-84, Formerly 6A-6.24, Amended 11-26-08, 12-2-15.

Fla. Admin. Code R. 6A-6.025 Disbursement of Driver Education Funds

History

• Rulemaking Authority 229.053 FS. Law Implemented 233.063 FS. History–New 2-20-63, Amended 6--4, 12-5-74, Formerly 6A 6.25, Repealed 4-14-76.

Fla. Admin. Code R. 6A-6.0251 Use of Epinephrine Delivery Device and Anaphylaxis Policy

(1) Definitions.

(a) Anaphylaxis. Anaphylaxis is a medical term for the life-threatening allergic reactions that may occur when allergic individuals are exposed to specific allergens. Anaphylaxis is a collection of symptoms affecting multiple systems in the body.

(b) Epinephrine Delivery Device. Epinephrine delivery device means a mechanism that is approved by the United States Food and Drug Administration that contains a prescription medication (epinephrine) in a premeasured, weight-based dose that is used to administer epinephrine to prevent or treat a life-threatening allergic reaction.

(c) Emergency Action Plan. Emergency action plan (EAP) is a child-specific action plan, distributed to appropriate school and contracted personnel, to facilitate an appropriate response for an anticipated health emergency. The EAP is a component of the Individualized Healthcare Plan developed in accordance with Section 1006.062, F.S., and Rule 64F-6.004, F.A.C.

(d) Individualized Healthcare Plan (IHP). An IHP is a written plan of care developed at the local level to outline the provision of student healthcare services intended to achieve specific student outcomes. The IHP is developed by a registered nurse (RN) in collaboration with the family, student, student’s healthcare providers, and school personnel for the management of severe allergic reactions while in school, participating in school-sponsored activities, and in transit to or from school or school-sponsored activities. The IHP is child-specific and includes a written format for nursing assessment (health status, risks, concerns, and strengths), nursing diagnoses, interventions, delegation, training, expected outcomes, and goals to meet the healthcare needs of a student at risk for anaphylaxis.

(e) Self-Administration. Self-administration shall mean that the student is able to utilize the epinephrine delivery device in the manner directed by the licensed healthcare provider without additional assistance or direction.

(2) Use of Epinephrine Delivery Device and Individualized Healthcare Plan (IHP)

(a) A written authorization is required from the physician and parent/guardians for a student to carry an epinephrine delivery device and self-administer epinephrine by such delivery device in accordance with Section 1002.20, F.S.

(b) In accordance with subsection 64F-6.004(4), F.A.C., the school nurse shall develop an annual IHP that includes an EAP, in cooperation with the student, parent/guardians, healthcare provider, and school personnel for the student with life-threatening allergies.

(3) The IHP shall include provisions for child-specific training in accordance with Section 1006.062(4), F.S., to ensure personnel are prepared to support a student’s unique needs, respond appropriately, and protect the safety of all students from the misuse or abuse of such delivery device. The EAP component shall specify that the emergency number (911) will be called immediately for an anaphylaxis event and describe a plan of action if the student is unable to perform self-administration of the epinephrine delivery device.

(4) Training

(a) Each district school board and charter school governing board must require that each school serving students in kindergarten through grade 8 provide training to an adequate number of school personnel and contracted personnel on the prevention and response to allergic reactions, including anaphylaxis. This training or other training which meets the requirements of s. 1002.20(3)(q), F.S., may be used by school boards or charter school governing boards as part of the training required under paragraph (4)(c) of this rule.

(b) In determining what constitutes an adequate number of school personnel and contracted personnel identified for training, school and governing boards must consider the following:

1. The number of students with an IHP at the school;

2. The number of students who have experienced or are at risk of experiencing an allergic reaction, including anaphylaxis;

3. The accessibility of healthcare personnel at the school; and

4. The number of trained persons needed to ensure coverage of areas where there is a higher probability of student exposure to allergens, such as the cafeteria and playgrounds.

(c) Training Content. The training must include at a minimum:

1. Recognition of the signs and symptoms of an anaphylactic reaction; and

2. Administration of a United States Food and Drug Administration-approved epinephrine delivery device that contains a pre-measured, appropriate weight-based dose in accordance with s. 1006.062, F.S.

(d) Florida Department of Education identified approved training is posted on the Student Support Services website at https://www.fldoe.org/schools/k-12-public-schools/sss/sch-health-serv.stml.

(5) Each school board and charter school governing board must develop or amend its policies or procedures to ensure that:

(a) A student’s EAP is in effect and accessible at all times when the student is on school grounds during the school day or participating in school-sponsored activities, including before and after school programs at the school;

(b) Personnel designated to implement a student’s EAP receive training in order to implement the plan; and

(c) The policies or procedures apply, at a minimum, to students in kindergarten through grade 8.

History

• Rulemaking Authority 1002.20(3)(i), (q) FS. Law Implemented 1002.20(3)(i), (q), 1006.062 FS. History–New 3-24-08, Amended 10-28-25, 8-25-26.

Fla. Admin. Code R. 6A-6.0252 Use of Prescribed Pancreatic Enzyme Supplements

(1) Definitions.

(a) Emergency Action Plan (EAP). An EAP is a child-specific action plan, distributed to appropriate personnel, to facilitate quick and appropriate responses for an individual emergency in the school setting. The EAP may be a component of the Individualized Healthcare Plan (IHP) that is developed consistent with Sections 1002.20(3)(k) and 1006.062(4), F.S. The EAP shall specify when the emergency number (911) will be called and describe a plan of action when the student is unable to self-administer medication or self-manage treatment as prescribed.

(b) Individualized Health Care Plan (IHP). An IHP is a written plan of care developed at the local level to outline the provision of student healthcare services intended to achieve specific student outcomes. The IHP is developed by a registered nurse (RN) in collaboration with the family, student, student’s health care providers, and school personnel for the management of pancreatic insufficiency or cystic fibrosis while in school, participating in school-sponsored activities, and in transit to or from school or school-sponsored activities. The IHP is child-specific and includes a written format for nursing assessment (health status, risks, concerns, and strengths), nursing diagnoses, interventions, delegation, training, expected outcomes, and goals to meet the health care needs of a student with pancreatic insufficiency or cystic fibrosis and to protect the safety of all students from the misuse or abuse of medication.

(c) Pancreatic Insufficiency. Pancreatic insufficiency is a disorder of the digestive system. Pancreatic insufficiency may include the diagnosis of cystic fibrosis, a chronic disease that affects the lungs and digestive system.

(d) Self-Administration. Self-Administration means that a student diagnosed with pancreatic insufficiency or cystic fibrosis is able to self-manage prescribed pancreatic enzyme therapy in the manner directed by the licensed healthcare provider without additional assistance or direction.

(2) With written authorization from the healthcare provider and parent, a student with pancreatic insufficiency or cystic fibrosis shall be allowed to carry and self-administer prescribed pancreatic enzymes.

History

• Rulemaking Authority 1002.20(3)(k) FS. Law Implemented 1002.20(3)(k), 1006.062(4) FS. History–New 5-5-13, Amended 7-22-14, 2-24-26.

Fla. Admin. Code R. 6A-6.0253 Diabetes Management

(1) Definitions.

(a) Diabetes. Diabetes is a disease that impairs the body’s ability to produce or properly use insulin, a hormone that is needed to convert food into energy.

(b) Diabetes Medical Management Plan (DMMP). A DMMP is a medical authorization for diabetes treatment that includes medication orders from student’s healthcare provider for routine and emergency care.

(c) Emergency Action Plan (EAP). An EAP is a child-specific action plan to facilitate quick and appropriate responses for an individual emergency in the school setting. The ECP may be a component of the Individualized Healthcare Plan (IHP) that is developed consistent with Sections 1002.20(3)(j) and 1006.062(4), F.S. The EAP shall specify when the emergency number (911) will be called and describe a plan of action when the student is unable to self-administer medication or self-manage treatment as prescribed.

(d) Hypoglycemic emergency. Hypoglycemic emergency is a medical condition characterized by dangerously low blood glucose levels, often below 70 mg/dL. Low blood glucose can lead to serious complications including confusion, seizures, and unconsciousness if not treated promptly.

(e) Individualized Healthcare Plan (IHP). An IHP is a written plan of care developed at the local level to outline the provision of student healthcare services intended to achieve specific student outcomes. The IHP is developed from the DMMP by a registered nurse in collaboration with the family, student, student’s healthcare providers, and school personnel for the management of diabetes while in school, participating in school-sponsored activities, and in transit to or from school or school-sponsored activities. The IHP is child-specific and includes a written format for nursing assessment (health status, risks, concerns, and strengths), nursing diagnoses, interventions, delegation, training, expected outcomes, and goals to meet the healthcare needs of a student with diabetes and to protect the safety of all students from the misuse or abuse of medication, supplies, and equipment.

(f) Self-Administration. Self-administration means that a student with diabetes is able to self-manage medication, supplies, and equipment in the manner directed by a licensed healthcare provider without additional assistance or direction.

(2) School districts must have appropriate personnel, whether licensed nurses or trained school personnel, assigned to each school a student with diabetes would otherwise attend if he or she did not have diabetes. School districts must ensure that such personnel are available to provide the necessary diabetes care throughout the school day and during school-sponsored activities.

(3) With written consent from the healthcare provider and parent, a student with diabetes shall be allowed to carry and self-administer medication, supplies, and equipment based on the student’s diabetes medical management plan.

(4) School districts or public schools that acquire undesignated glucagon for the treatment of a hypoglycemic emergency, consistent with section 1002.20(3)(j), F.S., must adopt a protocol developed by a physician licensed under chapter 458 or 459. The protocol must include, at a minimum, guidance for the administration of undesignated glucagon for a student with diabetes who experiences a hypoglycemic emergency, including situations when a student’s prescribed glucagon is unavailable or expired.

(5) The Department of Education, in collaboration with the Department of Health, shall develop technical assistance regarding the care of students with diabetes, and shall identify and provide sources to school districts for training school personnel.

History

• Rulemaking Authority 1001.02, 1002.20(3)(j) FS. Law Implemented 1002.20(3)(j) FS. History–New 11-25-12, Amended 3-25-14, 1-7-16, 8-18-20, 10-28-25.

Fla. Admin. Code R. 6A-6.026 Minimum Standards for Program Approval

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 233.063 FS. History–New 2-20-63, Amended 6-17-74, 12-5-74, Formerly 6A-6.26, Repealed 4-14-76.

Fla. Admin. Code R. 6A-6.027 Forms and Records

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 233.063 FS. History–New 2-20-63, Amended 6-17-74, 12-5-74, Formerly 6A-6.27, Repealed 4-14-76.

Fla. Admin. Code R. 6A-6.030 Purpose and Basic Principles of Programs for Exceptional Children

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.04(4) FS. History–New 4-11-70, Formerly 6A-6.30, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0301 Eligible Exceptional Students

History

• Rulemaking Authority 229.053(1), 230.23(4)(m), (n), 236.081(1)(c) FS. Law Implemented 228.041(18), (19), 229.565(2)(b), (c), 230.23(4)(m), (n), 236.081(1)(c) FS. History–New 6-17-74, Amended 9-5-74, 12-5-74, 7-1-77, 7-13-83, Formerly 6A-6.301, Repealed 4-18-96.

Fla. Admin. Code R. 6A-6.03011 Exceptional Student Education Eligibility for Students with Intellectual Disabilities

(1) Definition. Students with intellectual disabilities. An intellectual disability is defined as significantly below average general intellectual and adaptive functioning manifested during the developmental period, with significant delays in academic skills. Developmental period refers to birth to eighteen (18) years of age.

(2) General education interventions and activities. Prior to referral for evaluation the requirements in subsection 6A-6.0331(1), F.A.C., must be met.

(3) Evaluation. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the minimum evaluation for determining eligibility shall include all of the following:

(a) A standardized individual test of intellectual functioning individually administered by a professional person qualified in accordance with Rule 6A-4.0311, F.A.C., or licensed under Chapter 490, F.S.;

(b) A standardized assessment of adaptive behavior to include parental or guardian input;

(c) An individually administered standardized test of academic or pre-academic achievement. A standardized developmental scale shall be used when a student’s level of functioning cannot be measured by an academic or pre-academic test; and,

(d) A social-developmental history which has been compiled directly from the parent, guardian, or primary caregiver.

(4) Criteria for eligibility. A student with an intellectual disability is eligible for exceptional student education if all of the following criteria are met:

(a) The measured level of intellectual functioning is more than two (2) standard deviations below the mean on an individually measured, standardized test of intellectual functioning;

(b) The level of adaptive functioning is more than two (2) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior. The adaptive behavior measure shall include parental or guardian input;

(c) The level of academic or pre-academic performance on a standardized test is consistent with the performance expected of a student of comparable intellectual functioning;

(d) The social/developmental history identifies the developmental, familial, medical/health, and environmental factors impacting student functioning and documents the student’s functional skills outside of the school environment; and,

(e) The student needs special education as defined in Rules 6A-6.0331 and 6A-6.03411, F.A.C.

(5) Documentation of determination of eligibility. Eligibility is determined by a group of qualified professionals and the parent or guardian in accordance with paragraph 6A-6.0331(6)(a), F.A.C. The documentation of the determination of eligibility must include a written summary of the group’s analysis of the data that incorporates the following information:

(a) The basis for making the determination, including an assurance that the determination has been made in accordance with subsection 6A-6.0331(6), F.A.C.;

(b) Noted behavior during the observation of the student and the relationship of that behavior to the student’s academic and intellectual functioning;

(c) The educationally relevant medical findings, if any;

(d) The determination of the group concerning the effects on the student’s achievement level of a visual, hearing, motor, or emotional/behavioral disability; cultural factors; environmental or economic factors, an irregular pattern of attendance or high mobility rate; classroom behavior; or limited English proficiency; and,

(e) The signature of each group member certifying that the documentation of determination of eligibility reflects the member’s conclusion. If it does not reflect the member’s conclusion, the group member must submit a separate statement presenting the member’s conclusion.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1001.42(4)(l), 1003.01(9)(a), (b), 1003.57 FS. Law Implemented 1001.42(4)(l), 1001.02(2)(n), 1003.01(9)(a), (b), 1003.57, 1011.62(1)(c) FS. History–New 7-1-77, Amended 7-2-79, Formerly 6A-6.3011, Amended 5-17-88, 1-4-09.

Fla. Admin. Code R. 6A-6.03012 Exceptional Student Education Eligibility for Students with Speech Impairments and Qualifications and Responsibilities for the Speech-Language Pathologists Providing Speech Services

(1) Speech impairments are disorders of speech sounds, fluency, or voice that interfere with communication, adversely affect performance and/or functioning in the educational environment, and result in the need for exceptional student education.

(a) Speech sound disorder. A speech sound disorder is a phonological or articulation disorder that is evidenced by the atypical production of speech sounds characterized by substitutions, distortions, additions, or omissions that interfere with intelligibility. A speech sound disorder is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.

1. Phonological disorder. A phonological disorder is an impairment in the system of phonemes and phoneme patterns within the context of spoken language.

2. Articulation disorder. An articulation disorder is characterized by difficulty in the articulation of speech sounds that may be due to a motoric or structural problem.

(b) Fluency disorder. A fluency disorder is characterized by deviations in continuity, smoothness, rhythm, or effort in spoken communication. It may be accompanied by excessive tension and secondary behaviors, such as struggle and avoidance. A fluency disorder is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.

(c) Voice disorder. A voice disorder is characterized by the atypical production or absence of vocal quality, pitch, loudness, resonance, or duration of phonation that is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.

(2) General education procedures and activities. Prior to referral for evaluation, the requirements in subsection 6A-6.0331(1), F.A.C., related to general education procedures for kindergarten through grade twelve students, or subsection 6A-6.0331(2), F.A.C., related to procedures prior to initial evaluation for prekindergarten children, must be met.

(3) Procedures for the evaluation of a speech sound disorder. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the evaluation shall include all of the following:

(a) Information must be gathered from the student’s parent(s) or guardian(s) and teacher(s), and when appropriate, the student, regarding the concerns and description of speech characteristics. This may be completed through a variety of methods including interviews, checklists, or questionnaires;

(b) Documented and dated observation(s) of the student’s speech characteristics must be conducted by a speech-language pathologist to examine the student’s speech characteristics during connected speech or conversation. Observation(s) conducted prior to obtaining consent for evaluation may be used to meet this criterion;

(c) An examination of the oral mechanism structure and function must be conducted; and,

(d) One or more standardized, norm-referenced instruments designed to measure speech sound production must be administered to determine the type and severity of the speech sound errors and whether the errors are articulation (phonetic) or phonological (phonemic) in nature.

(4) Procedures for the evaluation of a fluency disorder. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the evaluation shall include all of the following:

(a) Information must be gathered from the student’s parent(s) or guardian(s) and teacher(s), and when appropriate, the student, to address the areas identified in paragraph (4)(d) of this rule. This may be completed through a variety of methods including interviews, checklists, or questionnaires;

(b) A minimum of two (2) documented and dated observations of the student’s speech and secondary behaviors must be conducted by a speech-language pathologist in more than one setting, including the typical learning environment. For prekindergarten children, the observations may occur in an environment or situation appropriate for a child of that chronological age. Observations conducted prior to obtaining consent for evaluation may be used to meet this criterion, if the activities address the areas identified in paragraph (4)(d) of this rule;

(c) An examination of the oral mechanism structure and function must be conducted.

(d) An assessment of all of the following areas:

1. Motor aspects of the speech behaviors;

2. Student’s attitude regarding the speech behaviors;

3. Social impact of the speech behaviors; and,

4. Educational impact of the speech behaviors.

(e) A speech sample of a minimum of 300-500 words must be collected and analyzed to determine frequency, duration, and type of dysfluent speech behaviors. If the speech-language pathologist is unable to obtain a speech sample of a minimum of 300-500 words, a smaller sample may be collected and analyzed. The evaluation report must document the rationale for collection and analysis of a smaller sample, the results obtained, and the basis for recommendations.

(5) Procedures for the evaluation of a voice disorder. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the evaluation shall include all of the following:

(a) Information must be gathered from the student’s parent(s) or guardian(s) and teacher(s), and when appropriate, the student, regarding the concerns and description of voice characteristics. This may be completed through a variety of methods including interviews, checklists, or questionnaires;

(b) Documented and dated observation(s) of the student’s voice characteristics must be conducted by a speech-language pathologist in one or more setting(s), which must include the typical learning environment. For prekindergarten children, the observation(s) may occur in an environment or situation appropriate for a child of that chronological age. Observation(s) conducted prior to obtaining consent for evaluation may be used to meet this criterion;

(c) An examination of the oral mechanism structure and function must be conducted; and,

(d) A report of a medical examination of laryngeal structure and function conducted by a physician licensed in Florida in accordance with Chapter 458 or 459, F.S., unless a report of medical examination from a physician licensed in another state is permitted in accordance with paragraph 6A-6.0331(3)(e), F.A.C. The physician’s report must provide a description of the state of the vocal mechanism and any medical implications for therapeutic intervention.

(6) Criteria for eligibility. A student is eligible as a student with a speech impairment in need of exceptional student education if the student meets the following criteria for one or more of the following disorders as determined by the procedures prescribed in this rule and subsection 6A-6.0331(6), F.A.C.

(a) Speech sound disorder. A student with a speech sound disorder is eligible for exceptional student education if there is evidence, based on evaluation results, of a significant phonological or articulation disorder that is characterized by the atypical production of speech sound(s). The atypical production of speech sound(s) may be characterized by substitutions, distortions, additions, or omissions. Evaluation results must reveal all of the following:

1. The speech sound disorder must have a significant impact on the student’s intelligibility, although the student may be intelligible to familiar listeners or within known contexts;

2. The student’s phonetic or phonological inventory must be significantly below that expected for his or her chronological age or developmental level based on normative data;

3. The speech sound disorder must have an adverse effect on the student’s ability to perform and/or function in the student’s typical learning environment, thereby demonstrating the need for exceptional student education; and,

4. The speech sound disorder is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.

(b) Fluency disorder. A student with a fluency disorder is eligible for exceptional student education if there is evidence, based on evaluation results, of significant and persistent interruptions in the rhythm or rate of speech. Evaluation results must reveal all of the following:

1. The student must exhibit significant and persistent dysfluent speech behaviors. The dysfluency may include repetition of phrases, whole words, syllables and phonemes, prolongations, blocks, and circumlocutions. Additionally, secondary behaviors, such as struggle and avoidance, may be present;

2. The fluency disorder must have an adverse effect on the student’s ability to perform and/or function in the educational environment, thereby demonstrating the need for exceptional student education; and,

3. The dysfluency is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.

(c) Voice disorder. A student with a voice disorder is eligible for exceptional student education if there is evidence, based on evaluation results, of significant and persistent atypical voice characteristics. Evaluation results must reveal all of the following:

1. The student must exhibit significant and persistent atypical production of quality, pitch, loudness, resonance, or duration of phonation. The atypical voice characteristics may include inappropriate range, inflection, loudness, excessive nasality, breathiness, hoarseness, or harshness;

2. The voice disorder does not refer to vocal disorders that are found to be the direct result or symptom of a medical condition unless the disorder adversely affects the student’s ability to perform and/or function in the educational environment and is amenable to improvement with therapeutic intervention;

3. The voice disorder must have an adverse effect on the student’s ability to perform and/or function in the educational environment, thereby demonstrating the need for exceptional student education; and,

4. The atypical voice characteristics are not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.

(7) Speech services.

(a) A group of qualified professionals determining eligibility under requirements of this rule and subsection 6A-6.0331(6), F.A.C., must include a speech-language pathologist.

(b) A speech-language pathologist shall be involved in the development of the individual educational plan for students eligible for speech services, whether as special education or as a related service for an otherwise eligible student with a disability.

(c) Speech therapy services shall be provided by a certified speech-language pathologist pursuant to Rule 6A-4.0176, F.A.C., or a licensed speech-language pathologist pursuant to Chapter 468, Part I, F.S., or a speech-language associate pursuant to Rule 6A-4.01761, F.A.C.

(d) Speech-language associate.

1. Speech therapy services provided by a speech-language associate as specified in Rule 6A-4.01761, F.A.C., must be under the direction of a certified or licensed speech-language pathologist with a master’s degree or higher in speech-language pathology. Services can be provided for a period of three (3) years as described in Section 1012.44, F.S., in districts that qualify for the sparsity supplement as described in section 1011.62(7), F.S.

2. Districts shall submit a plan to the Department of Education for approval before implementation of Rule 6A-4.01761, F.A.C. The components of the plan must include a description of:

a. The model, specifying the type and amount of direction including direct observation, support, training, and instruction;

b. The rationale for using this model;

c. The manner in which the associate will be required to demonstrate competency;

d. The process for monitoring the quality of services;

e. The process for measuring student progress; and,

f. The manner in which the speech-language associate will meet the requirements of the annual district professional development plan for instructional personnel.

6A-6.030121 Exceptional Student Education Eligibility for Students with Language Impairments and Qualifications and Responsibilities for the Speech-Language Pathologists Providing Language Services.

(1) Language impairments are disorders of language that interfere with communication, adversely affect performance and/or functioning in the student’s typical learning environment, and result in the need for exceptional student education.

(a) A language impairment is defined as a disorder in one or more of the basic learning processes involved in understanding or in using spoken or written language. These include:

1. Phonology. Phonology is defined as the sound systems of a language and the linguistic conventions of a language that guide the sound selection and sound combinations used to convey meaning;

2. Morphology. Morphology is defined as the system that governs the internal structure of words and the construction of word forms;

3. Syntax. Syntax is defined as the system governing the order and combination of words to form sentences, and the relationships among the elements within a sentence;

4. Semantics. Semantics is defined as the system that governs the meanings of words and sentences; and,

5. Pragmatics. Pragmatics is defined as the system that combines language components in functional and socially appropriate communication.

(b) A language impairment may manifest in significant difficulties affecting listening comprehension, oral expression, social interaction, reading, writing, or spelling. A language impairment is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.

(2) Procedures prior to initial evaluation for prekindergarten children. Prior to initial evaluation, the requirements of subsection 6A-6.0331(2), F.A.C., must be met.

(3) Evaluation procedures for children in prekindergarten. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the minimum evaluation for a prekindergarten child shall include all of the following:

(a) Information gathered from the child’s parent(s) or legal guardian(s) and others as appropriate, such as teacher(s), service providers and caregivers regarding the concerns and description of language skills. This may be completed through a variety of methods including interviews, checklists or questionnaires;

(b) One or more documented and dated observation(s) of the child’s language skills must be conducted by the speech-language pathologist in one or more setting(s), which must include the child’s typical learning environment or an environment or situation appropriate for a child of that chronological age; and,

(c) Administration of one or more standardized norm-referenced instruments designed to measure language skills. The instrument must be administered and interpreted by a speech-language pathologist to determine the nature and severity of the language deficits. If the speech-language pathologist is unable to administer a norm-referenced instrument, a scientific, research-based alternative instrument may be used. The evaluation report must document the evaluation procedures used, including the rationale for use of an alternative instrument, the results obtained, and the basis for recommendations.

(4) Criteria for eligibility for prekindergarten children. A prekindergarten child is eligible as a student with a language impairment in need of exceptional student education if all of the following criteria are met:

(a) There is evidence, based on evaluation results, of significant deficits in language. The impairment may manifest in significant difficulties affecting one or more of the following areas:

1. Listening comprehension;

2. Oral expression;

3. Social interaction; or

4. Emergent literacy skills (e.g., vocabulary development, phonological awareness, narrative concepts).

(b) One or more documented and dated behavioral observation(s) reveals significant language deficits that interfere with performance and/or functioning in the typical learning environment;

(c) Results of standardized norm-referenced instrument(s) reveal a significant language deficit in one or more of the areas listed in paragraph (1)(a) of this rule, as evidenced by standard score(s) significantly below the mean. If the evaluator is unable to administer a norm-referenced instrument and an alternative scientific, research-based instrument is administered, the instrument must reveal a significant language deficit in one or more areas listed in paragraph (1)(a) of this rule. Significance of the deficit(s) must be determined and based on specifications in the manual of the instrument(s) utilized for evaluation purposes;

(d) Information gathered from the child’s parent(s) or legal guardian(s), teacher(s), service providers or caregivers must support the results of the standardized instruments and observations conducted;

(e) The language impairment must have an adverse effect on the child’s ability to perform and/or function in the typical learning environment, thereby demonstrating the need for exceptional student education; and,

(f) The language impairment is not primarily the result of factors related to chronological age, gender, culture, ethnicity or limited English proficiency.

(5) General education intervention procedures and activities for students in kindergarten through Grade 12. Prior to obtaining consent for initial evaluation, the requirements of subsection 6A-6.0331(1), F.A.C., related to general education procedures for kindergarten through Grade 12 students, must be met.

(6) Evaluation procedures for students in kindergarten through Grade 12. In addition to the provisions in subsection 6A-6.0331(5), F.A.C., the evaluation for determining eligibility shall include:

(a) To ensure that the decreased performance and/or functioning of a student suspected of having a language impairment is not due to lack of appropriate instruction, the minimum evaluation procedures must include all of the following:

1. Review of data that demonstrate the student was provided well-delivered scientific, research-based instruction and interventions addressing the identified area(s) of concern and delivered by qualified personnel in general or exceptional education settings;

2. Data-based documentation, which was provided to the student’s parent(s) or legal guardian(s), of repeated measures of performance and/or functioning at reasonable intervals, communicated in an understandable format, reflecting the student’s response to intervention during instruction;

3. Information gathered from the student’s parent(s) or legal guardian(s) and teacher(s), and when appropriate, the student, regarding the concerns and a description of language skills. This may be completed through a variety of methods including interviews, checklists or questionnaires;

4. Documented and dated observation(s) of the student’s language skills must be conducted by the speech-language pathologist in one or more setting(s); and,

5. Administration of one or more standardized norm-referenced instrument(s) designed to measure language skills. The instrument(s) must be administered and interpreted by a speech-language pathologist to determine the nature and severity of the language deficits. If the speech-language pathologist is unable to administer a norm-referenced instrument, a scientific, research-based alternative instrument may be used. The evaluation report must document the evaluation procedures used, including the rationale for use of an alternative instrument, the results obtained, and the basis for recommendations.

(b) With the exception of the observation required by subparagraph (7)(c)4. of this rule, general education activities and interventions conducted prior to initial evaluation in accordance with subsection 6A-6.0331(1), F.A.C., may be used to satisfy the requirements of paragraph (6)(a) of this rule.

(7) Criteria for eligibility for students in kindergarten through Grade 12. A student meets the eligibility criteria as a student with a language impairment in need of exceptional student education if all of the following criteria are met:

(a) Due to deficits in the student’s language skills, the student does not perform and/or function adequately for the student’s chronological age or to meet grade-level standards as adopted in Rule 6A-1.09401, F.A.C., in one or more of the following areas, when provided with learning experiences and instruction appropriate for the student's chronological age or grade:

1. Oral expression;

2. Listening comprehension;

3. Social interaction;

4. Written expression;

5. Phonological processing; or

6. Reading comprehension.

(b) Due to deficits in the student’s language skills, the student does not make sufficient progress to meet chronological age or state-approved grade-level standards pursuant to Rule 6A-1.09401, F.A.C., in one or more of the areas identified in paragraph (7)(a) of this rule, when using a process based on the student’s response to scientific, research-based intervention;

(c) Evidence of a language impairment is documented based on a comprehensive language evaluation, including all evaluation components as specified in paragraph (6)(b) of this rule. There must be documentation of all of the following:

1. Documented and dated observations show evidence of significant language deficits that interfere with the student’s performance and/or functioning in the educational environment;

2. Results of standardized norm-referenced instrument(s) indicate a significant language deficit in one or more of the areas listed in paragraph (1)(a) of this rule, as evidenced by a standard score(s) significantly below the mean. If the evaluator is unable to administer a norm-referenced instrument and an alternative scientific, research-based instrument is administered, the instrument must reveal a significant language deficit in one or more areas listed in paragraph (1)(a) of this rule. Significance of the deficit(s) must be determined and based on specifications in the manual of the instrument(s) utilized for evaluation purposes;

3. Information gathered from the student’s parent(s) or guardian(s), teacher(s), and when appropriate, the student, must support the results of the standardized instruments and observations conducted; and,

4. At least one additional observation conducted by the speech-language pathologist when the language impairment is due to a deficit in pragmatic language and cannot be verified by the use of standardized instrument(s). The language impairment may be established through the results of subparagraphs (6)(a)3. and 4. of this rule, and the additional observation(s) conducted subsequent to obtaining consent for evaluation as part of a comprehensive language evaluation. The evaluation report must document the evaluation procedures used, including the group’s rationale for overriding results from standardized instruments, the results obtained, and the basis for recommendations. The information gathered from the student’s parent(s) or legal guardian(s), teacher(s), and when appropriate, the student, must support the results of the observation(s) conducted; and,

(d) The group determines that its findings under paragraph (7)(a) of this rule, are not primarily the result of factors related to chronological age, gender, culture, ethnicity or limited English proficiency.

(8) Documentation of determination of eligibility. For a student suspected of having a language impairment, the documentation of the determination of eligibility must include a written summary of the group’s analysis of the data that incorporates all of the following information:

(a) The basis for making the determination, including an assurance that the determination has been made in accordance with subsection 6A-6.0331(6), F.A.C.;

(b) Noted behavior during the observation of the student and the relationship of that behavior to the student’s academic functioning;

(c) The educationally relevant medical findings, if any;

(d) Whether the student has a language impairment as evidenced by response to intervention data confirming the following:

1. Performance and/or functioning discrepancies. The student displays significant discrepancies, for the chronological age or grade level in which the student is enrolled, based on multiple sources of data when compared to multiple groups, including to the extent practicable the peer subgroup, classroom, school, district and state level comparison groups; and,

2. Rate of progress. When provided with effective implementation of appropriate research-based instruction and interventions of reasonable intensity and duration with evidence of implementation fidelity, the student’s rate of progress is insufficient or requires sustained and substantial effort to close the gap with typical peers or expectations for the chronological age or grade level in which the student is currently enrolled; and,

3. Educational need. The student continues to demonstrate the need for interventions that significantly differ in intensity and duration from what can be provided solely through educational resources and services currently in place, thereby demonstrating a need for exceptional student education due to the adverse effect of the language impairment on the student’s ability to perform and/or function in the educational environment.

(e) The determination of the student’s parent(s) or legal guardian(s) and group of qualified professionals concerning the effects of chronological age, culture, gender, ethnicity, patterns of irregular attendance or limited English proficiency on the student’s performance and/or functioning; and,

(f) Documentation based on data derived from a process that assesses the student’s response to well-delivered scientific, research-based instruction and interventions including:

1. Documentation of the specific instructional interventions used, the intervention support provided to the individuals implementing interventions, adherence to the critical elements of the intervention design and delivery methods, the duration of intervention implementation (e.g., number of weeks, minutes per week, sessions per week), and the student-centered data collected; and,

2. Documentation that the student’s parent(s) or legal guardian(s) were notified about the state’s policies regarding the amount and nature of student performance and/or functioning data that would be collected and the educational resources and services that would be provided; interventions for increasing the student’s rate of progress; and the parental or legal guardian right to request an evaluation.

(9) Language services.

(a) A group of qualified professionals determining eligibility under the requirements of this rule and subsection 6A-6.0331(6), F.A.C., must include a speech-language pathologist.

(b) A speech-language pathologist shall be involved in the development of the individual educational plan for students eligible for language services, whether as special education or as a related service for an otherwise eligible student with a disability.

(c) Language therapy services shall be provided by a certified speech-language pathologist pursuant to Rule 6A-4.0176, F.A.C., or a licensed speech-language pathologist pursuant to chapter 468, Part I, F.S., or a speech-language associate pursuant to Rule 6A-4.01761, F.A.C.

(d) Speech-language associate.

1. Language therapy services provided by a speech-language associate as specified in Rule 6A-4.01761, F.A.C., must be under the direction of a certified or licensed speech-language pathologist with a master’s degree or higher in speech-language pathology. Services under this subsection can be provided for a period of three (3) years as described in Section 1012.44, F.S., in districts that qualify for the sparsity supplement as described in Section 1011.62(7), F.S.

2. Districts shall submit a plan to the Department of Education for approval before implementation of Rule 6A-4.01761, F.A.C. The components of the plan must include a description of:

a. The model, specifying the type and amount of direction including direct observation, support, training, and instruction;

b. The rationale for using this model;

c. The manner in which the associate will be required to demonstrate competency;

d. The process for monitoring the quality of services;

e. The process for measuring student progress; and,

f. The manner in which the speech-language associate will meet the requirements of the annual district professional development plan for instructional personnel.

History

• Rulemaking Authority 1003.01, 1003.57, 1003.571 FS. Law Implemented 1003.01, 1003.57, 1003.571, 1012.44 FS. History–New 7-1-77, Amended 7-13-83, Formerly 6A-6.3012, Amended 8-1-88, 9-17-01, 7-1-10.
• Rulemaking Authority 1003.01(9), 1003.57, 1003.571, 1012.44 FS. Law Implemented 1003.01(9), 1003.57, 1003.571, 1012.44 FS. History–New 7-1-10, Amended 1-7-16.

Fla. Admin. Code R. 6A-6.03013 Exceptional Student Education Eligibility and Assessments for Students Who Are Deaf or Hard of Hearing

(1) Definitions.

(a) Deaf means a hearing level that is so severe that it impacts the processing of linguistic information through hearing, with or without amplification, that adversely affects the student’s educational performance.

(b) Hard of hearing means a hearing impairment or loss, whether permanent or fluctuating, that adversely affects a student’s educational performance, but that is not included under the definition of deaf.

(c) Speech Language Pathologist means an individual who is certified or licensed in speech or language pathology in accordance with Rule 6A-4.01761, Florida Administrative Code (F.A.C.).

(d) Teacher of the deaf or hard of hearing means an individual who is certified in the area of deaf or hard of hearing in accordance with Rule 6A-4.0172, F.A.C.

(2) A full and individual evaluation must be conducted by a school district to identify a student who is deaf or hard of hearing as eligible for exceptional student education and consider the individual needs of a student who is deaf or hard of hearing when developing, reviewing, or revising an Individual Educational Plan (IEP) in accordance with Rules 6A-1.09401(1)(k), 6A-1.09414, 6A-6.03028, 6A-6.0331, and 6A-6.03411, F.A.C.

(3) Eligibility determination. For a student who is, or who is suspected of being, deaf or hard of hearing, evaluation for eligibility must include an audiological report and two assessments as described in paragraphs (3)(b)-(c), unless one of the assessments is waived as provided in paragraph (3)(d).

(a) An audiological report. An audiological report must include a summary of the hearing and medical history, audiological evaluation results, and a diagnosis of any hearing impairment or loss. A licensed audiologist must provide the audiological report.

(b) Functional listening assessment. A functional listening assessment is an assessment that determines how noise, distance, and visual input affect a student’s listening abilities. This assessment must be conducted by a teacher of the deaf or hard of hearing or a licensed speech language pathologist.

(c) Communication and language assessment. A communication and language assessment is an assessment that addresses expressive and receptive language, including pragmatic language. The assessments must consider a student’s preferred mode of communication, such as American Sign Language, spoken language, signed or written language, with or without visual support or hearing assistive technology, augmentative and alternative communication, or a combination thereof. These assessments must be conducted by a teacher of the deaf or hard of hearing, a licensed speech language pathologist, or a combination of both.

(d) Assessment waiver. If one of the assessments described in paragraphs (3)(b) or (3)(c) provides sufficient information to determine that a student who is deaf or hard of hearing is eligible for exceptional student education, the other assessment must be waived for the purpose of determining eligibility. However, if the assessment is waived because it was not necessary to determine eligibility, the assessment must be completed during the IEP process.

(4) Reevaluation. Reevaluation of students who are deaf or hard of hearing must comply with Rule 6A-6.0331(7), F.A.C., and in addition must include an audiological report and an evaluation of skills known to be impacted by the hearing impairment or loss as required for determining initial eligibility. The audiological report may be waived by the IEP team if the team finds that there is no suspected change in hearing.

(5) Usher syndrome screening. A screening for Usher syndrome must be administered to each student who is deaf or hard of hearing at least once during grades K-5 and grades 6-12.

(6) Once a student who is deaf or hard of hearing is determined eligible for exceptional student education, the district must conduct the following assessments:

(a) Any assessment waived for the eligibility determination as provided in paragraph (3)(d); and

(b) A special skills assessment. A special skills assessment evaluates skills aligned with content knowledge described in Rule 6A-1.09401(1)(k), F.A.C. This assessment must be conducted by a teacher of the deaf or hard of hearing.

(7) Supportive services. The district must make available referral forms, links, and technical support contacts for services to students and parents. These resources include:

(a) Auditory-Oral Clarke School and Bridge to Speech Clarke School;

(b) Auditory-Oral University of Miami (UM) Debbie School and Bridge to Speech UM Debbie School;

(c) Educational Interpreter Project (EIP);

(d) Florida Division of Blind Services (DBS);

(e) Florida Division of Vocational Rehabilitation (VR);

(f) Florida School for the Deaf and the Blind (FSDB); and

(g) Resource Materials and Technology Center for the Deaf/Hard of Hearing (RMTC-DHH).

History

• Rulemaking Authority 1003.01, 1003.57, 1003.571 FS. Law Implemented 1003.01, 1003.57, 1003.571 FS. History–New 7-1-77, Amended 9-11-84, Formerly 6A-6.3013, Amended 7-1-94, 7-1-07, 12-15-09, 5-21-24.

Fla. Admin. Code R. 6A-6.03014 Exceptional Student Education Eligibility and Assessments for Students with Visual Impairments

(1) Definitions.

(a) Visual impairment including blindness means any impairment in vision regardless of significance or severity that, even with correction, adversely affects the student’s educational performance. The term includes both partial sight and blindness, including ocular, brain-based and neurological disorders.

(b) Teacher of the visually impaired means an individual who is certified in the area of visually impaired in accordance with Rule 6A-4.0178, Florida Administrative Code (F.A.C.).

(2) A full and individual evaluation must be conducted by a school district to identify a student with a visual impairment as eligible for exceptional student education and consider the individual needs of a student with a visual impairment when developing, reviewing, or revising an Individual Educational Plan (IEP) in accordance with Rules 6A-1.09401(1)(k), 6A-1.09414, 6A-6.03028, 6A-6.0331, and 6A-6.03411, F.A.C.

(3) Eligibility determination. For a student who has, or who is suspected of having, a visual impairment, evaluation for eligibility must include a medical report and three assessments as described in paragraphs (3)(b)-(d), unless one or more of the assessments is waived as provided in paragraph (3)(e).

(a) Medical report. A medical report must include a diagnosis or provide information about a student’s visual impairment. This medical report must be provided by a licensed ophthalmologist, optometrist, or neurologist.

(b) Functional vision assessment. A functional vision assessment considers the student’s performance of daily tasks across a variety of natural environments to determine factors that influence visual access. This assessment must be conducted by a teacher of the visually impaired.

(c) Learning media assessment. A learning media assessment considers and compares learning and literacy media in order to provide recommendations about which visual, tactual, and auditory learning media are appropriate for the student. These recommendations must consider the use of braille in accordance with the requirements of Rule 6A-6.03028(3)(g)8., F.A.C. This assessment must be conducted by a teacher of the visually impaired.

(d) Orientation and mobility screening. The district must conduct an orientation and mobility screening. An orientation and mobility screening considers the travel needs and abilities of the student in a variety of environments. The screening must be conducted by a person who holds an orientation and mobility certification or endorsement.

(e) Assessment waiver. If one of the assessments described in paragraphs (3)(b)-(3)(d) provides sufficient information to determine that a student with a visual impairment is eligible for exceptional student education, the other assessments must be waived for the purpose of determining eligibility. However, if the assessments were waived because they were not necessary to determine eligibility, the assessments that were waived must be completed during the IEP process.

(4) Reevaluation. Reevaluation of students with visual impairment must comply with Rule 6A-6.0331(7), F.A.C., and, in addition, the reevaluation must include:

(a) A medical report as referenced in paragraph (3)(a), unless a medical report is waived by the student’s IEP team if the team finds that there is no suspected change in visual functioning, or if the team is provided a physician’s written recommendation to waive the medical report for students with bilateral anophthalmia; and

(b) An evaluation of skills known to be impacted by visual impairment as required for determining initial eligibility.

(5) Once a student with a visual impairment is determined eligible for exceptional student education, the district must conduct the assessments and screening as described below.

(a) The district must conduct any assessment waived for the eligibility determination as provided in paragraph (3)(e).

(b) The district must conduct a special skills assessment. A special skills assessment evaluates skills aligned with content knowledge as described in Rule 6A-1.09401(1)(k), F.A.C. This assessment must be conducted by a teacher of the visually impaired.

(6) Supportive services. The district must make available referral forms, links, and technical support contacts for services to students and parents. These resources include:

(a) Critical Initiatives in Visual Impairment Project Florida State University (CIVI-FSU);

(b) Florida Division of Blind Services (DBS);

(c) Florida Division of Vocational Rehabilitation (VR);

(d) Florida Instructional Materials Center for the Visually Impaired (FIMC-VI);

(e) Florida Low Vision Initiative (FLVI); and

(f) Florida School for the Deaf and the Blind (FSDB).

History

• Rulemaking Authority 1001.02, 1001.42(4)(l), 1003.01(9)(a), (b), 1003.57 FS. Law Implemented 1001.02, 1003.57, 1011.62(1)(c) FS. History–New 7-1-77, Amended 7-13-83, Formerly 6A-6.3014, Amended 2-12-91, 3-1-08, 8-23-17, 5-21-24.

Fla. Admin. Code R. 6A-6.03015 Special Programs for Students who are Physically Impaired

6A-6.030151 Exceptional Student Education Eligibility for Students with Orthopedic Impairment.

(1) Definition. Orthopedic impairment means a severe skeletal, muscular, or neuromuscular impairment. The term includes impairments resulting from congenital anomalies (e.g. including but not limited to skeletal deformity or spina bifida), and impairments resulting from other causes (e.g., including but not limited to cerebral palsy or amputations).

(2) General education interventions and activities. Prior to referral for evaluation, the requirements in subsection 6A-6.0331(1), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A-6.0331(5), F.A.C., the evaluation for determining eligibility shall include the following:

(a) A report of a medical examination, within the previous twelve-month (12) period, from a physician(s) licensed in Florida in accordance with Chapter 458 or 459, F.S., unless a report of medical examination from a physician licensed in another state is permitted in accordance with paragraph 6A-6.0331(3)(e), F.A.C. The physician’s report must provide a description of the impairment and any medical implications for instruction; and,

(b) An educational evaluation that identifies educational and environmental needs of the student.

(4) Criteria for eligibility. A student with an orthopedic impairment is eligible for exceptional student education, if the following criteria are met:

(a) Evidence of an orthopedic impairment that adversely affects the student’s performance in the educational environment in any of the following: ambulation, hand movement, coordination, or daily living skills; and,

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.

6A-6.030152 Exceptional Student Education Eligibility for Students with Other Health Impairment.

(1) Definition. Other health impairment means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems. This includes, but is not limited to, asthma, attention deficit disorder or attention deficit hyperactivity disorder, Tourette syndrome, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and acquired brain injury.

(2) General education interventions and activities. Prior to referral for evaluation, the requirements in subsection 6A-6.0331(1), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A-6.0331(5), F.A.C., the evaluation for determining eligibility shall include the following:

(a) A report of a medical examination, within the previous twelve-month (12) period, from a physician(s) licensed in Florida in accordance with Chapter 458 or 459, F.S., unless a report of medical examination from a physician licensed in another state is permitted in accordance with paragraph 6A-6.0331(3)(e), F.A.C. The physician’s report must provide a description of the impairment and any medical implications for instruction; and,

(b) An educational evaluation that identifies educational and environmental needs of the student.

(4) Criteria for eligibility. A student with other health impairment is eligible for exceptional student education if the following criteria are met:

(a) Evidence of other health impairment that results in reduced efficiency in schoolwork and adversely affects the student’s performance in the educational environment; and,

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.

6A-6.030153 Exceptional Student Education Eligibility for Students With Traumatic Brain Injury.

(1) Definition. A traumatic brain injury means an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects educational performance. The term applies to mild, moderate, or severe, open or closed head injuries resulting in impairments in one (1) or more areas such as cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem-solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing, or speech. The term includes anoxia due to trauma. The term does not include brain injuries that are congenital, degenerative, or induced by birth trauma.

(2) General education interventions and activities. Prior to referral for evaluation, the requirements in subsection 6A-6.0331(1), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A-6.0331(5), F.A.C., the evaluation for determining eligibility shall include the following:

(a) A report of medical examination, within the previous twelve-month (12) period from a physician(s) licensed in Florida in accordance with Chapter 458 or 459, F.S., unless a report of medical examination from a physician licensed in another state is permitted in accordance with paragraph 6A-6.0331(3)(e), F.A.C. The physician’s report must provide a description of the traumatic brain injury and any medical implications for instruction;

(b) Documented evidence by more than one person, including the parent, guardian, or primary caregiver, in more than one situation. The documentation shall include evidence of a marked contrast of pre and post-injury capabilities in one or more of the following areas: cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities, psychosocial behavior; physical functions; information processing or speech; and,

(c) An educational evaluation that identifies educational and environmental needs of the student.

(4) The evaluation may also include a neuropsychological evaluation when requested by the exceptional student education administrator or designee.

(5) Criteria for eligibility. A student with a traumatic brain injury is eligible for exceptional student education, if the following criteria are met:

(a) Evidence of a traumatic brain injury that impacts one or more of the areas identified in subsection (1) of this rule.

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.

History

• Rulemaking Authority 1000.01, 1001.42(4)(1), 1003.57 FS. Law Implemented 1000.01, 1001.42(4)(1), 1003.21, 1011.62(1)(c) FS. History–New 7-1-77, Amended 8-16-82, 7-13-83, Formerly 6A-6.3015, Amended 2-12-91, 7-13-93, Repealed 7-1-07.
• Rulemaking Authority 1003.01, 1003.57(1)(e), 1003.571 FS. Law Implemented 1003.01(3), 1003.57(1)(e), 1003.571 FS. History–New 7-1-07, Amended 12-15-09.
• Rulemaking Authority 1003.01, 1003.57(1)(e), 1003.571 FS. Law Implemented 1003.01(3), 1003.21(1), 1003.57(1)(e), 1003.571 FS. History–New 7-1-07, Amended 12-15-09.
• Rulemaking Authority 1003.01, 1003.57(1)(e), 1003.571 FS. Law Implemented 1003.01(3), 1003.57(1)(e), 1003.571 FS. History–New 7-1-07, Amended 12-15-09.

Fla. Admin. Code R. 6A-6.03016 Exceptional Student Education Eligibility for Students with Emotional/Behavioral Disabilities

(1) Definition. Students with an emotional/behavioral disability (E/BD). A student with an emotional/behavioral disability has persistent (is not sufficiently responsive to implemented evidence based interventions) and consistent emotional or behavioral responses that adversely affect performance in the educational environment that cannot be attributed to age, culture, gender, or ethnicity.

(2) General education interventions and activities. Prior to referral for evaluation, the requirements in subsection 6A-6.0331(1), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A-6.0331(5), F.A.C., the evaluation for determining eligibility shall include the following:

(a) A functional behavioral assessment (FBA) must be conducted. The FBA must identify the specific behavior(s) of concern, conditions under which the behavior is most and least likely to occur, and function or purpose of the behavior. A review, and if necessary, a revision of an FBA completed as part of general education interventions may meet this requirement if it meets the conditions described in this section. If an FBA was not completed to assist in the development of general education interventions, one must be completed and a well-delivered scientific, research-based behavioral intervention plan of reasonable intensity and duration must be implemented with fidelity prior to determining eligibility. Implementation of the behavioral intervention plan is not required in extraordinary circumstances described in paragraph (4)(e) of this rule;

(b) The evaluation must include documentation of the student’s response to general education interventions implemented to target the function of the behavior as identified in the FBA;

(c) A social/developmental history compiled from a structured interview with the parent or guardian that addresses developmental, familial, medical/health, and environmental factors impacting learning and behavior, and which identifies the relationship between social/developmental and socio-cultural factors, and the presence or non-presence of emotional/behavioral responses beyond the school environment;

(d) A psychological evaluation conducted in accordance with Rule 6A-6.0331, F.A.C. The psychological evaluation should include assessment procedures necessary to identify the factors contributing to the development of an emotional/behavioral disability, which include behavioral observations and interview data relative to the referral concerns, and assessment of emotional and behavioral functioning, and may also include information on developmental functioning and skills. The psychological evaluation shall include a review of general education interventions that have already been implemented and the criteria used to evaluate their success;

(e) A review of educational data which includes information on the student’s academic levels of performance, and the relationship between the student’s academic performance and the emotional/behavioral disability; additional academic evaluation may be completed if needed; and,

(f) A medical evaluation must be conducted when it is determined by the administrator of the exceptional student program or the designee that the emotional/behavioral responses may be precipitated by a physical problem.

(4) Criteria for eligibility. A student with an emotional/behavioral disability must demonstrate an inability to maintain adequate performance in the educational environment that cannot be explained by physical, sensory, socio-cultural, developmental, medical, or health (with the exception of mental health) factors; and must demonstrate one or more of the following characteristics described in paragraphs (4)(a) or (4)(b) of this rule and meet the requirements of paragraphs (4)(c) and (4)(d) of this rule:

(a) Internal factors characterized by:

1. Feelings of sadness, or frequent crying, or restlessness, or loss of interest in friends and/or school work, or mood swings, or erratic behavior; or

2. The presence of symptoms such as fears, phobias, or excessive worrying and anxiety regarding personal or school problems; or

3. Behaviors that result from thoughts and feelings that are inconsistent with actual events or circumstances, or difficulty maintaining normal thought processes, or excessive levels of withdrawal from persons or events; or

(b) External factors characterized by:

1. An inability to build or maintain satisfactory interpersonal relationships with peers, teachers, and other adults in the school setting; or

2. Behaviors that are chronic and disruptive such as noncompliance, verbal and/or physical aggression, and/or poorly developed social skills that are manifestations of feelings, symptoms, or behaviors as specified in subparagraphs (4)(a)1.-3. of this rule.

(c) The characteristics described in paragraph (4)(a) or (b) of this rule, must be present for a minimum of six (6) months duration and in two (2) or more settings, including but not limited to, school, educational environment, transition to and/or from school, or home/community settings. At least one (1) setting must include school.

(d) The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.

(e) In extraordinary circumstances, general education interventions and activities as described in subsection (2) of this rule, and criteria for eligibility described in paragraph (4)(c) of this rule, may be waived when immediate intervention is required to address an acute onset of an internal emotional/behavioral characteristic as listed in paragraph (4)(a) of this rule.

(5) Characteristics not indicative of a student with an emotional/behavioral disability:

(a) Normal, temporary (less than six (6) months) reactions to life event(s) or crisis; or

(b) Emotional/behavioral difficulties that improve significantly from the presence of evidence based implemented interventions; or

(c) Social maladjustment unless also found to have an emotional/behavioral disability.

History

• Rulemaking Authority 1003.01, 1003.57, 1003.571 FS. Law Implemented 1003.01, 1003.57, 1003.571 FS. History–New 7-1-77, Amended 10-23-79, 11-25-80, 1-6-83, 9-27-84, 3-10-85, Formerly 6A-6.3016, Amended 7-1-07, 12-15-09.

Fla. Admin. Code R. 6A-6.03018 Exceptional Education Eligibility for Students with Specific Learning Disabilities

(1) Definition. A specific learning disability is defined as a disorder in one or more of the basic learning processes involved in understanding or in using language, spoken or written, that may manifest in significant difficulties affecting the ability to listen, speak, read, write, spell, or do mathematics. Associated conditions may include dyslexia, dyscalculia, dysgraphia, or developmental aphasia. A specific learning disability does not include learning problems that are primarily the result of a visual, hearing, motor, intellectual, or emotional/behavioral disability limited English proficiency or environmental, cultural, or economic factors.

(2) General education intervention procedures and activities. In order to ensure that lack of academic progress is not due to lack of appropriate instruction, a group of qualified personnel must consider:

(a) Data that demonstrate that the student was provided well-delivered scientific, research-based instruction and interventions addressing the identified area(s) of concern and delivered by qualified personnel in general education settings; and,

(b) Data-based documentation, which was provided to the student’s parent(s) or legal guardian(s), of repeated measures of achievement at reasonable intervals, graphically reflecting the student’s response to intervention during instruction.

(c) General education activities and interventions conducted prior to referral in accordance with subsection 6A-6.0331(1), F.A.C., may be used to satisfy the requirements of paragraphs (2)(a) and (2)(b) of this rule.

(3) Evaluation. The evaluation procedures shall include the following:

(a) The school district must promptly request parental or legal guardian consent to conduct an evaluation to determine if the student needs specially designed instruction in the following circumstances:

1. The student does not make adequate progress when:

a. Prior to a referral, the student has not made adequate progress after an appropriate period of time when provided appropriate instruction and intense, individualized interventions; or

b. Prior to referral, intensive interventions are demonstrated to be effective but require sustained and substantial effort that may include the provision of specially designed instruction and related services; and,

2. Whenever a referral is made to conduct an evaluation to determine the student’s need for specially designed instruction and the existence of a disability.

(b) In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the evaluation must also include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services for Exceptional Students as required by Rule 6A-6.03411, F.A.C. The evaluation must adhere to the timeframe required by paragraph 6A-6.0331(3)(g), F.A.C., unless extended by mutual written agreement of the student’s parent(s) or legal guardian(s) and a group of qualified professionals.

(4) Criteria for eligibility. A student meets the eligibility criteria as a student with a specific learning disability if all of the following criteria are met.

(a) Evidence of specific learning disability. The student’s parent(s) or legal guardian(s) and group of qualified personnel may determine that a student has a specific learning disability if there is evidence of each of the following:

1. When provided with learning experiences and instruction appropriate for the student’s chronological age or grade level standards pursuant to Rule 6A-1.09401, F.A.C., the student does not achieve adequately for the student’s chronological age or does not meet grade-level standards as adopted in Rule 6A-1.09401, F.A.C., in one or more of the following areas based on the review of multiple sources which may include group and/or individual criterion or norm-referenced measures, including individual diagnostic procedures:

a. Oral expression;

b. Listening comprehension;

c. Written expression;

d. Basic reading skills;

e. Reading fluency skills;

f. Reading comprehension;

g. Mathematics calculation; or

h. Mathematics problem solving.

2. The student does not make adequate progress to meet chronological age or grade-level standards adopted in Rule 6A-1.09401, F.A.C., in one or more of the areas identified in subparagraph (4)(a)1. of this rule, when using a process based on the student’s response to scientific, research-based intervention, consistent with the comprehensive evaluation procedures in subsection 6A-6.0331(5), F.A.C.

3. The group determines that its findings under paragraph (a) of this subsection, are not primarily the result of the following:

a. A visual, hearing, or motor disability;

b. Intellectual disability;

c. Emotional/behavioral disability;

d. Cultural factors;

e. Irregular pattern of attendance and/or high mobility rate;

f. Classroom behavior;

g. Environmental or economic factors; or

h. Limited English proficiency.

(b) Members of the group determining eligibility. The determination of whether a student suspected of having a specific learning disability is a student who demonstrates a need for specially designed instruction and related services and meets the eligibility criteria must be made by the student’s parent(s) or legal guardian(s) and a group of qualified professionals, which must include all of the following:

1. The student’s general education teacher; if the student does not have a general education teacher, a general education teacher qualified to teach a student of his or her chronological age;

2. At least one person qualified to conduct and interpret individual diagnostic examinations of students, including a school psychologist, speech-language pathologist, or reading specialist; and,

3. The district administrator of exceptional student education or designee.

(c) Observation requirement. In determining whether a student needs specially designed instruction and has a specific learning disability, and in order to document the relationship between the student’s classroom behavior and academic performance, the group must:

1. Use information from an observation in routine classroom instruction and monitoring of the student’s performance that was completed before referral for an evaluation; or

2. Have at least one member of the group conduct an observation of the student’s performance in the student’s typical learning environment, or in an environment appropriate for a student of that chronological age, after referral for an evaluation and parental or legal guardian consent has been obtained.

(5) Documentation of determination of eligibility. For a student suspected of having a specific learning disability, the documentation of the determination of eligibility must include a written summary of the group’s analysis of the data that incorporates the following information:

(a) The basis for making the determination, including an assurance that the determination has been made in accordance with subsection 6A-6.0331(6), F.A.C.;

(b) Noted behavior during the observation of the student and the relationship of that behavior to the student’s academic functioning;

(c) The educationally relevant medical findings, if any;

(d) Whether the student has a specific learning disability as evidenced by response to intervention data confirming the following:

1. Performance discrepancy. The student’s academic performance is significantly discrepant for the chronological age or grade level in which the student is enrolled, based on multiple sources of data when compared to multiple groups, which include the peer subgroup, classroom, school, district, and state level comparison groups; and,

2. Rate of progress. When provided with well-delivered scientific, research-based general education instruction and interventions of reasonable intensity and duration with evidence of implementation fidelity, the student’s rate of progress is insufficient or requires sustained and substantial effort to close the achievement gap with typical peers or academic expectations for the chronological age or grade level in which the student is currently enrolled; and,

3. Educational need. The student continues to need interventions that significantly differ in intensity and duration from what can be provided solely through general education resources to make or maintain sufficient progress.

(e) The determination of the group concerning the effects on the student’s achievement level of a visual, hearing, motor, intellectual, or emotional/behavioral disability; cultural factors; environmental or economic factors; an irregular pattern of attendance or high mobility rate; classroom behavior; or limited English proficiency; and,

(f) Documentation based on data derived from a process that assesses the student’s response to well-delivered scientific, research-based instruction and interventions including:

1. Documentation of the specific instructional interventions used, the support provided to the individual(s) implementing interventions, adherence to the critical elements of the intervention design and delivery methods, the duration and frequency of intervention implementation (e.g. number of weeks, minutes per week, sessions per week), and the student-centered data collected; and,

2. Documentation that the student’s parent(s) or legal guardian(s) were notified about the state’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided; interventions for increasing the student’s rate of progress; and the parental or legal guardian’s right to request an evaluation.

(g) The signature of each group member certifying that the documentation of determination of eligibility reflects the member’s conclusion. If it does not reflect the member’s conclusion, the group member must submit a separate statement presenting the member’s conclusions.

History

• Rulemaking Authority 1001.02(1), 1001.42(4)(l), 1003.01(9)(a), (b), 1003.57 FS. Law Implemented 1003.01(9)(a), (b), 1003.57, 1011.62(1)(c) FS. History–New 7-1-77, Amended 7-2-79, 7-14-82, Formerly 6A-6.3018, Amended 1-11-94, 3-23-09, 1-7-16.

Fla. Admin. Code R. 6A-6.03019 Special Instructional Programs for Students who are Gifted

(1) Gifted. One who has superior intellectual development and is capable of high performance.

(2) Criteria for eligibility. A student is eligible for special instructional programs for the gifted if the student meets the criteria under paragraph (2)(a) or (b) of this rule.

(a) The student demonstrates:

1. Need for a special program.

2. A majority of characteristics of gifted students according to a standard scale or checklist; and,

3. Superior intellectual development as measured by an intelligence quotient of two (2) standard deviations or more above the mean on an individually administered standardized test of intelligence.

(b) The student is a member of an under-represented group and meets the criteria specified in an approved school district plan for increasing the participation of under-represented groups in programs for gifted students.

1. For the purpose of this rule, under-represented groups are defined as groups:

a. Who are limited English proficient, or

b. Who are from a low socio-economic status family.

2. The Department of Education is authorized to approve school district plans for increasing the participation of students from under-represented groups in special instructional programs for the gifted, provided these plans include the following:

a. A district goal to increase the percent of students from under-represented groups in programs for the gifted and the current status of the district in regard to that goal;

b. Screening and referral procedures which will be used to increase the number of these students referred for evaluation;

c. Criteria for determining eligibility based on the student’s demonstrated ability or potential in specific areas of leadership, motivation, academic performance, and creativity;

d. Student evaluation procedures, including the identification of the measurement instruments to be used;

e. Instructional program modifications or adaptations to ensure successful and continued participation of students from under-represented groups in the existing instructional program for gifted students; and,

f. An evaluation design which addresses evaluation of progress toward the district’s goal for increasing participation by students from under-represented groups.

(3) Procedures for student evaluation. The minimum evaluations for determining eligibility are the following:

(a) Need for a special instructional program;

(b) Characteristics of the gifted;

(c) Intellectual development; and,

(d) May include those evaluation procedures specified in an approved district plan to increase the participation of students from under-represented groups in programs for the gifted.

(4) This rule shall take effect July 1, 1977.

6A-6.030191 Development of Educational Plans for Exceptional Students Who Are Gifted.

Educational Plans (EPs) are developed for students whose only identified exceptionality is gifted. For a student identified as gifted in accordance with Rule 6A-6.03019, F.A.C., and who is also identified as a student with a disability, as defined in paragraph 6A-6.03411(1)(f), F.A.C., the strengths, needs and services associated with a student’s giftedness must be addressed in the student’s individual educational plan (IEP) consistent with the requirements in Rule 6A-6.03028, F.A.C. Parents are partners with schools and school district personnel in developing, reviewing, and revising the EP for their child. Procedures for the development of the EPs for exceptional students who are gifted, including procedures for parental involvement, shall be set forth in each district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services to Exceptional Students document and shall be consistent with the following requirements.

(1) Role of parents. The role of parents in developing EPs includes:

(a) Providing critical information regarding the strengths of their child;

(b) Expressing their concerns for enhancing the education of their child so that they receive a free appropriate public education;

(c) Participating in discussions about the child’s need for specially designed instruction;

(d) Participating in deciding how the child will be involved and progress in the general curriculum; and,

(e) Participating in the determination of what services the school district will provide to the child and in what setting.

(2) Parent participation. Each school board shall establish procedures that shall provide for parents to participate in decisions concerning the EP. Such procedures shall include the following:

(a) Each district shall take the following steps to ensure that one or both of the parents or legal guardians of a student who is gifted is present or is afforded the opportunity to participate at each EP meeting:

1. Notifying parents or legal guardians of the meeting early enough to ensure that they will have an opportunity to attend; and,

2. Scheduling the meeting at a mutually agreed on time and place.

(b) A written notice of the meeting must be provided to the parents or legal guardians and must indicate the purpose, time, location of the meeting, and who, by title and or position, will be attending. The notice must also include a statement informing the parents that they have the right to invite an individual with special knowledge or expertise about their child.

(c) If neither parents or legal guardians can attend, the school district shall use other methods to ensure parent participation, including individual or conference telephone calls or video conferencing.

(d) A meeting may be conducted without a parent in attendance if the school district is unable to obtain the attendance of the parents. In this case, the district must have a record of its attempts to arrange a mutually agreed on time and place such as:

1. Detailed records of telephone calls made or attempted and the results of those calls;

2. Copies of correspondence sent to the parents and any responses received; or

3. Detailed records of visits made to the parents’ home or place of employment and the results of those visits.

(e) The district shall take whatever action is necessary to ensure that the parents understand the proceedings at an EP meeting, which may include arranging for an interpreter for parents and students who are deaf or whose native language is a language other than English.

(f) The district shall give the parents a copy of the EP at no cost to the parents.

(3) EP team participants. The EP team shall include the following participants:

(a) The parents of the student in accordance with subsection (2) of this rule;

(b) One regular education teacher of the student who, to the extent appropriate, is involved in the development and review of the student’s EP. Involvement may be the provision of written documentation of the student’s strengths and needs;

(c) At least one teacher of the gifted program;

(d) A representative of the school district who is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students who are gifted, is knowledgeable about the general curriculum, and is knowledgeable about the availability of resources of the school district. At the discretion of the school district, one of the student’s teachers may be designated to also serve as the representative of the school district;

(e) An individual who can interpret the instructional implications of evaluation results who may be a member of the team as described in paragraphs (3)(b)-(d) of this rule;

(f) At the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the student. The determination of knowledge or special expertise of any individual shall be made by the party who invites the individual to be a member of the EP team; and,

(g) The student, as appropriate.

(4) Contents of EPs. EPs for students who are gifted must include:

(a) A statement of the student’s present levels of performance which may include the student’s strengths and interests; the student’s needs beyond the general curriculum; results of the student’s performance on state and district assessments; and evaluation results;

(b) A statement of goals, including benchmarks or short-term objectives;

(c) A statement of the specially designed instruction to be provided to the student;

(d) A statement of how the student’s progress toward the goals will be measured and reported to parents; and,

(e) The projected date for the beginning of services, and the anticipated frequency, location, and duration of those services;

(5) Considerations in EP development, review and revision. The EP team shall consider the following:

(a) The strengths of the student and needs resulting from the student’s giftedness.

(b) The results of recent evaluations, including class work and state or district assessments.

(c) In the case of a student with limited English proficiency, the language needs of the student as they relate to the EP.

(6) Timelines. Timelines for EP meetings for students who are gifted shall include the following:

(a) An EP must be in effect at the beginning of each school year.

(b) An EP shall be developed within thirty (30) calendar days following the determination of eligibility for specially designed instruction and shall be in effect before the provision of these services.

(c) Meetings shall be held to develop and revise the EP at least every three (3) years for students in Kindergarten ‒ grade 8 and at least every four (4) years for students in grades 9-12. EPs may be reviewed more frequently as needed, such as when the student transitions from elementary to middle school and middle to high school or if the student’s parent or teacher requests a review.

(7) EP implementation. An EP must be in effect before specially designed instruction is provided to an eligible student and is implemented as soon as possible following the EP meeting.

(a) The EP shall be accessible to each of the student’s teachers who are responsible for the implementation.

(b) Each teacher of the student shall be informed of specific responsibilities related to implementing the student’s EP.

History

• Rulemaking Authority 1001.42(4)(l), 1003.57 FS. Law Implemented 1000.01, 1001.42(4)(l), 1003.57(5), FS. History–New 7-1-77, Formerly 6A-6.3019, Amended 10-10-91, 5-19-98, 7-14-02.
• Rulemaking Authority 1001.02(1), (2)(n), 1003.01(9)(a), (b), 1003.57(1) FS. Law Implemented 1001.42(4)(l), 1003.01(9)(a), (b), 1003.57 FS. History–New 9-20-04, Amended 1-7-16.

Fla. Admin. Code R. 6A-6.03020 Exceptional Student Education Eligibility for Students Who Are Homebound or Hospitalized

(1) Definition. For the purposes of this rule, the following definition applies: Homebound or hospitalized student. A homebound or hospitalized student is a student who has a medically diagnosed physical or psychiatric condition that is acute or catastrophic in nature, a chronic illness, or a repeated intermittent illness due to a persisting medical problem and which confines the student to home or hospital, and restricts activities for an extended period of time.

(2) Criteria for eligibility. A student is eligible for educational instruction through homebound or hospitalized services if the following criteria are met.

(a) A physician licensed in Florida in accordance with Chapter 458 or 459, F.S., unless a report of medical examination from a physician licensed in another state is permitted in accordance with paragraph 6A-6.0331(3)(e), F.A.C., must certify that the student:

1. Is expected to be absent from school due to a physical or psychiatric condition for at least fifteen (15) consecutive school days, or the equivalent on a block schedule, or due to a chronic condition, for at least fifteen (15) school days, or the equivalent on a block schedule, which need not run consecutively; and,

2. Is confined to home or hospital,

3. Will be able to participate in and benefit from an instructional program,

4. Is under medical care for illness or injury that is acute, catastrophic, or chronic in nature; and,

5. Can receive instructional services without endangering the health and safety of the instructor or other students with whom the instructor may come in contact.

(b) The student is enrolled in a public school in kindergarten through twelfth grade unless the student meets criteria for eligibility under Rule 6A-6.03011, 6A-6.03012, 6A-6.030121, 6A-6.03013, 6A-6.03014, 6A-6.030151, 6A-6.030152, 6A-6.030153, 6A-6.03016, 6A-6.03018, 6A-6.03022, 6A-6.03023 or 6A-6.03027, F.A.C.

(c) A child is three (3) through five (5) years of age and has been determined eligible as a student with a disability in accordance with Section 1003.571, F.S., and Rule 6A-6.03011, 6A-6.03012, 6A-6.030121, 6A-6.03013, 6A-6.03014, 6A-6.030151, 6A-6.030152, 6A-6.030153, 6A-6.03016, 6A-6.03018, 6A-6.03022, 6A-6.03023, 6A-6.03026, 6A-6.03027 or 6A-6.03411, F.A.C.

(d) A parent, guardian or primary caregiver signs a parental agreement concerning homebound or hospitalized policies and parental cooperation.

(3) Procedures for student evaluation. In addition to the provisions of subsection 6A-6.0331(5), F.A.C., the minimum procedures for evaluation shall include the following:

(a) A current medical report from a licensed physician, as defined in paragraph (2)(a) of this rule, describing the following:

1. The disabling condition or diagnosis with any medical implications for instruction,

2. A statement that the student is unable to attend school,

3. The plan of treatment,

4. Recommendations regarding school re-entry and other school-related activites; and,

5. An estimated duration of condition or prognosis.

(b) The team determining eligibility may require additional evaluation data. This additional evaluation data must be obtained at no cost to the parent.

(c) A physical reexamination and a medical report by a licensed physician or physicians, which may be requested by the administrator of exceptional student education or the administrator’s designee on a more frequent basis than annually, may be required if the student is scheduled to attend school part of a day during a recuperative period of readjustment to a full school schedule. This physical reexamination and medical report shall be obtained at no cost to the parent.

(4) Procedures for providing an individual educational plan (IEP) or individualized family support plan (IFSP). IEP or IFSP shall be developed or revised following determination of eligibility in accordance with this rule. A student may be assigned to both a homebound or hospitalized program and to a school-based program due to an acute, chronic, or intermittent condition as certified by a licensed physician, as specified in subparagraph (2)(a)1. of this rule. This decision shall be made by the IEP or IFSP team in accordance with the requirements of Rule 6A-6.03028 or 6A-6.03029, F.A.C.

(5) Instructional services. The following settings and instructional modes, or a combination thereof, are appropriate methods for providing instruction to students determined eligible for these services:

(a) Instruction in a home. The parent, guardian or primary caregiver shall provide a quiet, clean and well-ventilated setting where the teacher and student will work; ensure that a responsible adult is present; and establish a schedule for student study between teacher visits that takes into account the student’s medical condition and the requirements of the student’s coursework.

(b) Instruction in a hospital. The hospital administrator or designee shall provide appropriate space for the teacher and student to work and allow for the establishment of a schedule for student study between teacher visits.

(c) Instruction through telecommunications or electronic devices. When the IEP or IFSP team determines that instruction is by telecommunications or electronic devices, an open, uninterrupted telecommunication link shall be provided at no additional cost to the parent, during the instructional period. The parent shall ensure that the student is prepared to actively participate in learning.

(d) Instruction in other specified settings. The IEP or IFSP team may determine that instruction would be best delivered in a mutually agreed upon alternate setting other than the home, hospital or through telecommunications or electronic devices.

(e) Instruction in a school setting on a part-time basis may be appropriate as the student transitions back to the student’s regular class schedule, if the IEP or IFSP team determines this meets the student’s needs.

(6) Services for students in specialty hospitals. In accordance with the requirements of Section 1003.57, F.S., eligible students receiving treatment in a children’s specialty hospital licensed in accordance with Chapter 395, Part I, F.S., must be provided educational instruction from the school district in which the hospital is located until the school district in which the hospital is located enters into an agreement with the school district in which the student resides. The agreement must ensure the timely provision of seamless educational instruction to students who transition between school districts while receiving treatment in the children’s specialty hospital.

(7) Notification Agreement. A school district in which a children’s specialty hospital is located must enter into an agreement with the hospital that establishes a process by which the hospital must notify the school district of students who may be eligible for educational instruction through homebound or hospital services pursuant to Section 1003.57, F.S.

Cf. PL 105-17 (20 USC 1401, 1412, 1414, 1415).

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.01(9)(a), 1003.57(1)(b), 1003.571(2) FS. Law Implemented 1001.03(8), 1001.42(4)(l), 1003.01(9)(a), (b), 1003.57(1)(b), 1003.571, 1011.62(1)(c) FS. History–New 7-1-77, Amended 7-2-79, 4-27-82, Formerly 6A-6.3020, Amended 5-18-86, 9-20-04, 9-20-04, 1-16-08, 6-20-17.

Fla. Admin. Code R. 6A-6.03021 Special Programs for Students Who Are Profoundly Handicapped

History

• Rulemaking Authority 1001.42(4)(1), 1003.57, 1011.62(1)(c) FS. Law Implemented 1000.01, 1001.42(4)(1), 1003.21, 1003.57(5), 1011.62(1)(c) FS., Item 315, Section 1, Chapter 79-212, Laws of Florida. History–New 7-2-79, Amended 10-23-79, Formerly 6A-6.3021, Repealed 1-18-07.

Fla. Admin. Code R. 6A-6.03022 Exceptional Student Education Eligibility and Assessments for Students Who Have Dual Sensory Impairments

(1) Definitions.

(a) Dual sensory impairment is defined as the presence of both hearing loss and a visual impairment, or an etiology or a medical diagnosis that indicates a potential dual sensory loss, the combination of which adversely affects the student’s educational performance. The term includes congenital deafblindness, congenital visual impairment with acquired hearing loss, congenital hearing loss with acquired visual impairment, and acquired hearing loss and visual impairment including blindness, as defined in Rules 6A-6.03013(1)(a) and (b) and 6A-6.03014(1)(a), F.A.C. If a student is found eligible for both deaf or hard of hearing and visual impairments as primary or other exceptionalities, then the student must be made eligible for dual sensory impairment.

(b) Teacher of the deaf or hard of hearing means an individual who is certified in the area of deaf or hard of hearing in accordance with Rule 6A-4.0172, F.A.C.

(c) Teacher of the visually impaired means an individual who is certified in the area of visually impaired in accordance with Rule 6A-4.0178, F.A.C.

(d) An intervener specialist means an individual who provides specialized services and is trained in deafblind education and intervention strategies to ensure consistent access to instruction, communication and environmental information via one-to-one support for individuals who are deafblind.

(e) An educational interpreter means a highly trained professional who facilitates communication between a student and others by interpreting spoken language into American Sign Language and vice versa, providing communication access by conveying classroom instruction, teacher and peer interactions, and other relevant sound information, such as schoolwide announcements, to ensure the student has equal access to educational opportunities comparable to their peers.

(2) A full and individual evaluation must be conducted by a school district to identify a student with a dual sensory impairment as eligible for exceptional student education and consider the individual needs of a student with a dual sensory impairment when developing, reviewing or revising an individual educational plan (IEP) in accordance with Rules 6A-1.09401(1)(k), 6A-1.09414, 6A-6.03028, 6A-6.0331 and 6A-6.03411, F.A.C.

(3) Eligibility determination. For a student who has, or who is suspected of having, a combination of a hearing loss and a visual impairment, or a medical diagnosis that indicates a potential dual sensory loss, the evaluation for eligibility must be conducted as described in Rules 6A-6.03013(3) and 6A-6.03014(3), F.A.C., unless one or more of the assessments is waived as provided in paragraph (3)(c).

(a) Deaf or hard of hearing evaluation. An evaluation for eligibility must include an audiological report, a functional listening assessment, and a communication and language assessment as described in Rule 6A-6.03013(3)(b)-(c), F.A.C.

(b) Visual impairment evaluation. An evaluation for eligibility must include a medical report, a functional vision assessment, a learning media assessment, and an orientation and mobility screening as described in Rule 6A-6.03014(3)(b)-(d), F.A.C.

(c) Assessment waiver. If one of the assessments described in paragraphs (3)(a) and (b) provides sufficient information to determine a student who has a dual sensory impairment is eligible for exceptional student education, the other assessments will be waived for the purpose of determining eligibility. However, the assessments that were waived must be conducted during the IEP development process.

(4) Once a student with a dual sensory impairment is determined eligible for exceptional student education, the district must conduct the following assessments:

(a) Any assessment waived for the eligibility determination as provided in paragraph (3)(c); and

(b) A special skills assessment. A special skills assessment evaluates skills aligned with content knowledge as described in Rule 6A-1.09401(1)(k), F.A.C. This assessment must be conducted by a teacher of the deaf or hard of hearing and a teacher of the visually impaired and may include a range of team members to include an intervener, interpreter and other related service providers to evaluate the special skills areas for both the hearing loss and the visual impairment.

(5) Once a student has been determined eligible under both deaf or hard of hearing and visual impairments, the eligibility category must be updated to dual sensory impairment. The student is then required to receive support and services from both the teacher of the deaf or hard of hearing and the teacher of the visually impaired for identified needs.

(6) The school districts are required to include students with a dual sensory impairments in the state’s annual census report for the national child count of children and youth. These students must be registered with the American Printing House (APH) for the Blind by the appropriate Ex-Officio Trustee. Parental consent is required for registration with APH. These students must also be registered and included in the National Deaf Blind Census Registry.

(7) Reevaluation. Reevaluation of students with dual sensory impairments must comply with Rule 6A-6.0331(7), F.A.C., and must include:

(a) An audiological report and evaluation of all skills, described in paragraphs (3)(a) and (4)(a) and (b), known to be impacted by the hearing loss and as required for determining specially designed instruction. The audiological report may be waived by the IEP team, including a teacher of the deaf or hard of hearing or an audiologist, or both, if the team agrees that there is no suspected change in hearing.

(b) A medical report and an evaluation of all skills, described in paragraphs (3)(b) and (4)(a) and (b), known to be impacted by a visual impairment as required for determining specially designed instruction. The medical report may be waived by the IEP team, including a teacher of the visually impaired, if:

1. The team agrees that there is no suspected change in visual functioning; or

2. The team is provided a physician’s written recommendation to waive the medical report for students with bilateral anophthalmia.

(8) Supportive services. The district must make available referral forms, links, and technical support contacts for services to students with dual sensory impairments and their parents. These resources include:

(a) Auditory-Oral Clarke School and Bridge to Speech Clarke School;

(b) Auditory-Oral University of Miami (UM) Debbie School and Bridge to Speech UM Debbie School;

(c) Critical Initiatives in Visual Impairment Project Florida State University (CIVI-FSU);

(d) Educational Interpreter Project (EIP);

(e) Florida Division of Blind Services (DBS);

(f) Florida Division of Vocational Rehabilitation (VR);

(g) Florida Instructional Materials Center for the Visually Impaired (FIMC-VI);

(h) Florida Low Vision Initiative (FLVI);

(i) Florida School for the Deaf and the Blind (FSDB); and

(j) Resource Materials and Technology Center for the Deaf/Hard of Hearing (RMTC-DHH).

History

• Rulemaking Authority 1001.02, 1003.01, 1003.57, 1003.571 FS. Law Implemented 1003.01, 1003.57, 1003.571 FS. History–New 7-2-79, Formerly 6A-6.3022, Amended 10-3-91, 12-15-09, 12-23-14, 8-19-25.

Fla. Admin. Code R. 6A-6.03023 Exceptional Student Education Eligibility for Students With Autism Spectrum Disorder

(1) Definition. Autism spectrum disorder is a condition that reflects a wide range of symptoms and levels of impairment, which vary in severity from one (1) individual to another. Autism spectrum disorder is characterized by an atypical developmental profile with a pattern of qualitative impairments in social interaction and social communication, and the presence of restricted or repetitive patterns of behavior, interests, or activities, which occur across settings.

(2) General education interventions and activities. Prior to referral for evaluation the requirements in subsection 6A-6.0331(1), F.A.C., must be met.

(3) Evaluation. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the district shall conduct a full and individual evaluation that addresses the core features of autism spectrum disorder to include deficits in social interaction, social communication, and restricted or repetitive, patterns of behavior, interests, or activities. An evaluation for determining eligibility shall include the following components:

(a) Behavioral observations conducted by members of the evaluation team targeting social interaction, social communication skills, and restricted or repetitive patterns of behavior, interests, or activities, across settings;

(b) A social/developmental history based on an interview with the parents(s) or guardian(s);

(c) A psychological evaluation that includes assessment of academic, intellectual, social-emotional, and behavioral functioning and must include at least one (1) standardized instrument specific to autism spectrum disorder;

(d) A language evaluation that includes assessment of the pragmatic (both verbal and nonverbal) and social interaction components of social communication. An observation of the student’s social communication skills must be conducted by a speech language pathologist;

(e) A standardized assessment of adaptive behavior; and,

(f) If behavioral concerns are present, a functional behavioral assessment is conducted to inform behavioral interventions on the student’s individual educational plan.

(4) Criteria for eligibility. A student with autism spectrum disorder is eligible for exceptional student education if all of the following criteria are met:

(a) Evidence of all of the following:

1. Impairment in social interaction as evidenced by delayed, absent, or atypical ability to relate to individuals or the environment;

2. Impairment in verbal or nonverbal language skills used for social communication; and,

3. Restricted or repetitive patterns of behavior, interests, or activities.

(b) The core features identified in subparagraphs (4)(a)1., (4)(a)2., and (4)(a)3. of this rule, occur across settings.

(c) The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.

History

• Rulemaking Authority 1003.01, 1003.57, 1003.571 FS. Law Implemented 1003.01, 1003.57, 1003.571 FS. History–New 7-2-79, Formerly 6A-6.3023, Amended 7-1-07, 12-15-09, 4-1-15.

Fla. Admin. Code R. 6A-6.03024 Provision of Occupational or Physical Therapy to Exceptional Students as a Related Service

(1) Definitions.

(a) Occupational therapy is defined to mean services provided by a licensed occupational therapist or a licensed occupational therapy assistant pursuant to the provisions of the Occupational Therapy Practice Act found in Part III, Chapter 468, F.S., and sub-subparagraph 6A-6.03411(1)(dd)3.f., F.A.C.

(b) Physical therapy is defined to mean services provided by a licensed physical therapist or a licensed physical therapist assistant pursuant to the provisions of the Physical Therapy Practice Act found in Chapter 486, F.S., and sub-subparagraph 6A-6.03411(1)(dd)3.i., F.A.C.

(c) Related service provider is defined to mean the licensed occupational or physical therapist responsible for the assessment and provision of school-based occupational or physical therapy as a related service as defined in Section 1003.01(9)(b), F.S. and subparagraph 6A-6.03411(1)(dd)3., F.A.C.

(2) Assessments. Assessments as defined in Section 468.203 or 486.021, F.S., shall be conducted by the related service provider prior to the provision of occupational or physical therapy.

(3) Determination of need for occupational or physical therapy. The individual educational plan (IEP) team in accordance with Rule 6A-6.03028, F.A.C., the educational plan (EP) team in accordance with Rule 6A-6.030191, F.A.C., or the individualized family support plan (IFSP) team, in accordance with Rule 6A-6.03029, F.A.C., shall review assessments conducted by the related service provider and all other relevant data to determine if occupational or physical therapy services are needed to assist a student to benefit from specially designed instruction.

(4) Provision of input to planning teams. The licensed therapist or licensed assistant shall provide input to assist the IEP, EP, or IFSP team when the educational need for occupational or physical therapy as a related service is being determined, and when an IEP, EP, or IFSP for a student who is receiving occupational or physical therapy as a related service is being reviewed by the IEP, EP, or IFSP team.

(5) Plan of treatment. Once the educational need for occupational or physical therapy has been determined in accordance with the provisions of this rule, a plan of treatment as referenced in Section 468.203 or 486.021, F.S., and the corresponding requirement found Rule 64B17-6.001, F.A.C., shall be developed. The plan of treatment may be included as a part of the IEP, EP, or IFSP.

History

• Rulemaking Authority 1001.02, 1003.01(9), 1003.57, 1003.571, F.S. Law Implemented 1003.01(9), 1003.57, 1003.571 F.S. History–New 11-25-80, Amended 2-4-81, Formerly 6A-6.3024, Amended 2-12-91, 9-30-96, 8-22-12.

Fla. Admin. Code R. 6A-6.03025 Special Programs for Exceptional Students who Require Occupational Therapy

History

• Rulemaking Authority 1000.01, 1001.42(4)(1), 1003.01(3), 1003.21, 1003.57, 1011.62 FS. Law Implemented 1000.01, 1001.42(4)(1), 1003.21, 1011.62 FS. History–New 11-25-80, Formerly 6A-6.3025, Amended 2-12-91, Repealed 8-22-12.

Fla. Admin. Code R. 6A-6.03026 Eligibility Criteria for Prekindergarten Children with Disabilities

(1) A prekindergarten child with disability is a child who meets the following criteria:

(a) The child is below three (3) years of age and meets criteria for eligibility specified for intellectual disabilities in accordance with Rule 6A-6.03011, F.A.C.; deaf or hard of hearing in accordance with Rule 6A-6.03013, F.A.C.; visually impaired in accordance with Rule 6A-6.03014, F.A.C.; orthopedically impaired in accordance with Rule 6A-6.030151, F.A.C.; other health impaired in accordance with Rule 6A-6.030152, F.A.C., traumatic brain injury in accordance with Rule 6A-6.030153, F.A.C.; dual sensory impaired in accordance with Rule 6A-6.03022, F.A.C.; autism spectrum disorder in accordance with Rule 6A-6.03023, F.A.C.; an established condition in accordance with Rule 6A-6.03030, F.A.C.; or developmentally delayed in accordance with Rule 6A-6.03031, F.A.C.

(b) The child is three (3) through five (5) years of age and meets criteria for eligibility specified for intellectual disabilities in accordance with Rule 6A-6.03011, F.A.C.; speech impaired in accordance with Rule 6A-6.03012, F.A.C.; language impaired in accordance with Rule 6A-6.030121, F.A.C.; deaf or hard of hearing in accordance with Rule 6A-6.03013, F.A.C.; visually impaired in accordance with Rule 6A-6.03014, F.A.C.; orthopedically impaired in accordance with Rule 6A-6.030151, F.A.C.; other health impaired in accordance with Rule 6A-6.030152, F.A.C.; traumatic brain injury in accordance with Rule 6A-6.030153, F.A.C.; emotional or behavioral disabilities in accordance with Rule 6A-6.03016, F.A.C.; specific learning disabilities in accordance with Rule 6A-6.03018, F.A.C.; homebound or hospitalized in accordance with Rule 6A-6.03020, F.A.C.; dual sensory impaired in accordance with Rule 6A-6.03022, F.A.C.; autism spectrum disorder in accordance with Rule 6A-6.03023, F.A.C.; or developmentally delayed in accordance with Rule 6A-6.03027, F.A.C.

(2) Determination of Eligibility. Meetings held to determine eligibility shall be conducted in accordance with subsection 6A-6.0331(6), F.A.C.

(3) Procedures for evaluation.

(a) An evaluation of the child shall be conducted in accordance with requirements of rules listed in subsection (1) of this rule, and Rule 6A-6.0331, F.A.C.

(b) Existing screening and evaluation information available from agencies that previously served the child and family shall be used, as appropriate, to meet the evaluation requirements of the rules listed in subsection (1) of this rule.

(4) Instructional program.

(a) A child who is eligible for admission to public kindergarten in accordance with Section 1003.21, F.S., and is eligible as a child with a disability in accordance with one or more of the rules identified in paragraph (1)(b) of this rule, may receive instruction for one additional school year in a prekindergarten classroom in accordance with the child’s individual educational plan (IEP) or individualized family support plan (IFSP). The parent or guardian of a child who receives instruction for this additional year in prekindergarten must be informed in writing of future implications of such a decision with regard to the requirements of mandatory retention in accordance with Section 1008.25, F.S. If the parent or guardian does not concur with the IEP or IFSP team’s recommendation for an additional year of instruction in a prekindergarten classroom, the IEP or IFSP team recommendation may not be used to deny admission to public kindergarten of a child who is eligible for admission in accordance with Section 1003.21, F.S.

(b) In the provision of early intervention services as defined in paragraph 6A-6.03411(1)(i), F.A.C., for eligible infants or toddlers with disabilities, home instruction may include direct instruction of the parent, guardian, or primary caregiver.

History

• Rulemaking Authority 1001.02, 1003.01, 1003.21, 1003.57 FS. Law Implemented 1003.01, 1003.21, 1003.57 FS. History–New 5-18-86, Amended 7-13-93, 1-4-94, 3-25-13.

Fla. Admin. Code R. 6A-6.03027 Special Programs for Children Three Through Nine Years Old who are Developmentally Delayed

(1) Definition. A child who is developmentally delayed is three (3) through nine (9) years of age, or through the student’s completion of grade 2, whichever occurs first, and is delayed in one (1) or more of the following areas:

(a) Adaptive or self-help development;

(b) Cognitive development;

(c) Communication development;

(d) Social or emotional development; and,

(e) Physical development including fine, or gross, or perceptual motor.

(2) Criteria for eligibility. A child is eligible for the special program for children who are developmentally delayed when the following criteria are met:

(a) The child is three (3) through nine (9) years of age, unless the child has completed grade 2.

(b) Documentation of one of the following:

1. A score of two (2) standard deviations (SD) below the mean or a twenty-five (25) percent delay on measures yielding scores in months in at least one (1) area of development; or

2. A score of 1.5 standard deviations (SD) below the mean or a twenty (20) percent delay on measures yielding scores in months in at least two (2) areas of development; or

3. For children six (6) or younger and based on information and data, the eligibility staffing committee makes a recommendation that a developmental delay exists and exceptional student education services are needed.

(c) The eligibility staffing committee in accordance with subsection 6A-6.0331(6), F.A.C., has made a determination concerning the effects of the environment, cultural differences, or economic disadvantage.

(3) General education interventions and activities for all students shall be in accordance with Rule 6A-6.0331, F.A.C.

(4) Procedures for evaluation.

(a) Delay is documented by a multidisciplinary team utilizing multiple measures of assessment which include:

1. Standardized instruments, formal and informal assessments, criterion referenced instruments, systematic observation, functional skills assessments, or other procedures selected in consultation with the parent(s); or

2. Qualitative and quantitative information to determine the need for early intervention services; and,

3. Parent report which can confirm or modify information obtained and describe behavior in environments that the district may not be able to access.

(b) When a developmental delay cannot be verified by the use of standardized instruments, the delay(s) may be established through observation of atypical functioning in any one (1) or more of the developmental areas. A report shall be written documenting the evaluation procedures used, the results obtained, the reasons for overriding those results from standardized instruments, and the basis for recommending eligibility.

(5) Instructional program.

(a) As appropriate, the family support plan or individual educational plan (IEP) shall be developed through interagency collaboration with the family and other providers of services to the child and family and in accordance with Rules 6A-6.03026, 6A-6.03028 and 6A-6.03029, F.A.C.

(b) Because of the rapid development of young children, on-going observations and assessments shall be conducted as needed to plan for family support plans or IEP modifications.

(6) Continued eligibility. Continued eligibility for special programs shall be determined before the child is ten (10) years old.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.01(9), 1003.57, 1003.571 FS. Law Implemented 1003.01(9), 1003.57, 1003.571 FS. History–New 7-13-93, Amended 12-15-09, 9-20-22.

Fla. Admin. Code R. 6A-6.03028 Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities

(1) Entitlement to FAPE. All students with disabilities aged three (3) through twenty-one (21) residing in the state have the right to FAPE consistent with the requirements of Section 1003.571, F.S., and Rules 6A-6.03011 through 6A-6.0361, F.A.C. FAPE shall be made available to students with disabilities, including students who have been suspended or expelled, and any individual student with a disability who needs special education and related services, even though the student has not failed or been retained in a course or grade, and is advancing from grade to grade. The obligation to make FAPE available to all students with disabilities does not apply with respect to the following:

(a) Students with disabilities who have graduated from high school with a standard diploma, and who have not deferred receipt of the diploma, in accordance with Section 1003.4282(8)(c), F.S. A standard diploma does not include an alternative degree that is not fully aligned with the state’s academic standards, such as a certificate of completion or a general educational development credential (GED); and,

(b) Students aged eighteen (18) through twenty-one (21) who, in the last educational placement prior to their incarceration in an adult correctional facility:

1. Were not actually identified as being a child with a disability pursuant to Rules 6A-6.03011 through 6A-6.0361, F.A.C.; and,

2. Did not have an individual educational plan (IEP) in accordance with this rule.

(c) The exception in paragraph (b) of this section, does not apply to students with disabilities, aged eighteen (18) through twenty-one (21), who:

1. Had been identified as a student with a disability under Rules 6A-6.03011 through 6A-6.0361, F.A.C., and had received services in accordance with an IEP, but who left school prior to their incarceration; or

2. Did not have an IEP in their last educational setting, but who had actually been identified as a student with a disability under Rules 6A-6.03011 through 6A-6.0361, F.A.C.

(2) Treatment of charter school students. Students with disabilities who attend public charter schools and their parents retain all rights under Rules 6A-6.03011 through 6A-6.0361, F.A.C. In carrying out Part B of the Individuals with Disabilities Education Act (IDEA) and Rules 6A-6.03011 through 6A-6.0361, F.A.C., with respect to charter schools that are public schools of the school district, the school district must serve students with disabilities attending those charter schools in the same manner as the district serves students with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the school district has a policy or practice of providing such services on the site to its other public schools and provide funds under Part B of the IDEA to those charter schools on the same basis as the school district provides funds to the school district’s other public schools, including proportional distribution based on relative enrollment of students with disabilities and at the same time as the school district distributes other Federal funds to its other public schools.

(3) IEP requirements. An IEP must be developed, reviewed, and revised for each eligible student or child with a disability served by a school district, or other state agency that provides special education and related services either directly, by contract, or through other arrangements, in accordance with this rule. For a student identified as gifted in accordance with Rule 6A-6.03019, F.A.C., and who is also identified as a student with a disability, as defined in paragraph 6A-6.03411(1)(f), F.A.C., the strengths, needs and services associated with a student’s giftedness must be addressed in the student’s IEP. Parents are partners with schools and school district personnel in developing, reviewing, and revising the IEP for their student. For the purposes of this rule, the term parents also includes legal guardians.

(a) Role of parents. The role of parents in developing IEPs includes:

1. Providing critical information regarding the strengths of their student;

2. Expressing their concerns for enhancing the education of their student so that their student can receive FAPE;

3. Participating in discussions about the student’s need for special education and related services;

4. Participating in the determination of how the student will be involved and progress in the general curriculum, including participation in the statewide assessment program and in district-wide assessments;

5. Participating in the determination of what services the school district will provide to the student and in what setting; and,

6. Participating in the determination of which course of study leading towards a standard diploma the student will pursue, consistent with Section 1003.4282, F.S., to include a course of study leading to a Scholar or Industry Scholar designation in accordance with Section 1003.4285, F.S.

(b) Parent participation in meetings. Each school district shall establish procedures that provide the opportunity for one or both of the student’s parents to participate in meetings and decisions concerning the IEP for the student. Parents of each student with a disability must be members of any group that makes decisions on the educational placement of their student. Procedures to ensure participation in meetings shall include the following:

1. Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend. Any time an IEP meeting is convened for the purpose of reviewing or changing a student’s IEP as it relates to administration of the Florida Alternate Assessment and the provision of instruction in the state alternate academic achievement standards access points curriculum, or placement of the student in an exceptional student education center, the school shall provide the notice to the parent at least ten (10) days prior to the meeting. The meeting may be convened prior to the tenth day if the parent consents upon receipt of the written notice; and,

2. Scheduling the meeting at a mutually agreed on time and place.

3. A written notice of the meeting must be provided to the parents and must indicate the purpose, time, and location of the meeting, and who, by title or position, will be attending. The notice must also include a statement informing the parents that they have the right to invite individuals with special knowledge or expertise about their student and that they may request that a Part C service coordinator or other representative of the Part C system be invited to attend the initial IEP Team meeting for a child previously receiving early intervention services under Part C of the IDEA.

a. No later than the first IEP to be in effect during the student’s seventh grade year or when the student attains the age of twelve (12), whichever occurs first, or younger if determined appropriate by the IEP Team, the notice must also indicate that a purpose of the meeting will be identifying transition services needs of the student and that the district will invite the student.

b. No later than the first IEP to be in effect when the student enters ninth grade or when the student, attains the age of fourteen (14), whichever occurs first, or when determined appropriate by the parent and the IEP team, the notice must also indicate that a purpose of the meeting will be consideration of the postsecondary and career goals and transition services for the student, that the district will invite the student, and identify any other agency that will be invited to send a representative to the meeting.

c. No later than the first IEP to be in effect at the beginning of the school year the student is expected to graduate, the notice must indicate that a purpose of the meeting will be the consideration for deferment and identifying if the student will defer the receipt of his or her diploma.

4. If a parent cannot attend in person, the school district shall use other methods to ensure parent participation, including individual or conference telephone calls or video conferencing.

5. A meeting may be conducted without a parent in attendance if the school district is unable to obtain the attendance of the parents. In this case, the district must have a record of its attempts to arrange a mutually agreed on time and place, such as:

a. Detailed records of telephone calls made or attempted and the results of those calls;

b. Copies of correspondence sent to the parents and any responses received; and,

c. Detailed records of visits made to the parents’ home or place of employment and the results of those visits.

6. The district shall take whatever action is necessary to ensure that the parents and the student, during the student’s seventh grade year or when the student attains the age of twelve (12), whichever occurs first, understand the proceedings at a meeting, which may include arranging for an interpreter for parents and students who are deaf or whose native language is a language other than English.

7. A meeting does not include informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that school district personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

8. The district shall give the parents a copy of the IEP at no cost to the parents.

(c) IEP Team participants. The IEP Team, with a reasonable number of participants, shall include:

1. The parents of the student;

2. Not less than one (1) regular education teacher of the student, if the student is or may be participating in the regular education environment. The regular education teacher of a student with a disability, as a member of the IEP Team, must to the extent appropriate, participate in the development, review, and revision of the student’s IEP, including assisting in the determination of:

a. Appropriate positive behavioral interventions and supports and other strategies for the student; and,

b. Supplementary aids and services, classroom accommodations, modifications or supports for school personnel that will be provided for the student consistent with this rule.

3. Not less than one (1) special education teacher of the student, or where appropriate, not less than one special education provider of the student;

4. At least one (1) teacher of the gifted, if the team is developing an IEP for a student who is also identified as gifted in accordance with Rule 6A-6.03019, F.A.C.

5. A representative of the school district who is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities, is knowledgeable about the general curriculum, and is knowledgeable about the availability of resources of the school district. At the discretion of the school district, the student’s special education teacher may be designated to also serve as the representative of the school district if the teacher meets the requirements described in this paragraph;

6. An individual who can interpret the instructional implications of evaluation results who may be a member of the IEP Team as described in subparagraph (3)(c)3., 4. or 5. of this rule;

7. At the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate. The determination of the knowledge or special expertise of any such individual shall be made by the party who invited the individual to be a member of the IEP Team; and,

8. The student, if appropriate, and in all cases where a purpose of the meeting will be the identification of the student’s transition services needs or consideration of postsecondary goals for the student and the transition services needed to assist the student in reaching those goals. If the student does not attend the IEP meeting to identify transition services needs or consider postsecondary and career goals and transition services, the school district shall take other steps to ensure that the student’s preferences and interests are considered.

9. With the consent of the parents or a student who has reached the age of majority, the school district shall invite a representative of any participating agency that may be responsible for providing or paying for transition services. Parental consent or the consent of the student who has reached the age of majority must also be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services.

10. In the case of a child who was previously served and received early intervention services under Part C of the IDEA, an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.

(d) IEP Team member excusal. A member of the IEP Team described in subparagraphs (3)(c)2. through (3)(c)6. of this rule, is not required to attend an IEP Team meeting, in whole or in part, if the parent of a student with a disability and the school district agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting. Any such member of the IEP Team may also be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if the parent, in writing, and the school district consent to the excusal and the member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.

(e) Transition of children with disabilities from the infants and toddlers early intervention program.

1. By the third (3rd) birthday of a child who has been participating in the early intervention program for infants and toddlers with disabilities, an IEP consistent with this rule or an individual family support plan (IFSP) consistent with Rule 6A-6.03029, F.A.C., must be developed and implemented.

2. For the purpose of implementing the requirement of this rule, each school district will participate in transition planning conferences arranged by the state lead agency for the infants and toddlers with disabilities early intervention program.

3. If the child’s third (3rd) birthday occurs during the summer, the child’s IEP Team shall determine the date when services under the IEP or IFSP will begin.

(f) IEP and meeting timelines. Timelines for IEPs for students with disabilities shall include the following:

1. An IEP, which has been reviewed, and if appropriate, revised periodically, but not less than annually, must be in effect at the beginning of each school year for each eligible student with a disability within its jurisdiction.

2. An IEP must be developed within thirty (30) calendar days following the determination of a student’s eligibility for special education and related services and be in effect prior to the provision of these services.

3. Meetings shall be held to develop, review and revise the IEP. A meeting shall be held at least annually to review each IEP and, as appropriate, revise its provisions in accordance with all aspects of this rule.

(g) Considerations in IEP development, review, and revision for students with disabilities. The IEP Team shall consider the following in IEP development, review, and revision:

1. The strengths of the student and the concerns of the parents for enhancing the education of their student;

2. The results of the initial or most recent evaluation or reevaluation of the student;

3. As appropriate, the results of the student’s performance on any general statewide or districtwide assessment;

4. The academic, developmental, and functional needs of the student;

5. In the case of a student who has also been identified as a student who is gifted in accordance with Rule 6A-6.03019, F.A.C., the IEP shall address the gifted and disability related needs of the student.

6. In the case of a student whose behavior impedes the student’s learning or the learning of others, strategies, including the use of positive behavioral interventions, supports, and other strategies to address that behavior;

7. In the case of a student with limited English proficiency, the language needs of the student as those needs relate to the student’s IEP;

8. In the case of a student who is blind or visually impaired, provision of instruction in braille and the use of braille unless the IEP Team determines, after an evaluation of the student’s reading and writing skills, needs, including future needs, and appropriate reading and writing media (including an evaluation of the student’s future need for instruction in braille or the use of braille), that instruction in braille or the use of braille is not appropriate for the student;

9. The communication needs of the student;

10. In the case of a student who is deaf or hard-of-hearing or dual-sensory impaired, the Communication Plan form 313189, effective December 2014, is available at (http://www.flrules.org/Gateway/reference.asp?No=Ref-04776) or may be obtained from the Florida Department of Education, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Room 614, Tallahassee, FL 32399. The Communication Plan form is incorporated by reference and shall be used to address, the student’s language and communication needs; opportunities for direct communications with peers and professional personnel in the student’s language and communication mode; academic level; and full range of needs, including opportunities for direct instruction in the student’s language and communication mode;

11. Whether the student requires assistive technology devices and services. On a case-by-case basis, the use of school-purchased assistive technology devices in a student’s home or in other settings is required if the IEP Team determines that the student needs access to those devices in order to receive a FAPE; and,

12. At least annually, whether extended school year (ESY) services are necessary for the provision of a FAPE to the student consistent with the following:

a. ESY services must be provided if a student’s IEP Team determines, on an individual basis, that the services are necessary for the provision of FAPE to the student.

b. When determining whether ESY services are necessary, the IEP Team must consider all of the following factors:

(I) Whether there is a likelihood that significant regression will occur in critical life skills related to the following areas:

(A) Academics or for prekindergarten children with disabilities, developmentally appropriate pre-academic skills;

(B) Communication;

(C) Independent functioning and self-sufficiency; and,

(D) Social or emotional development or behavior.

(II) Whether the student is at a crucial stage in the development of a critical life skill or an emerging skill and a lapse in services would substantially jeopardize the student’s chances of learning that skill;

(III) Whether the nature or severity of the student’s disability is such that the student would be unlikely to benefit from their education without the provision of ESY services; and,

(IV) Extenuating circumstances pertinent to the student’s current situation that indicate the likelihood that FAPE would not be provided without ESY services. Examples include the following: a student who had recently obtained paid supported employment and requires the services of a job coach in order to be successful; a student who requires ESY services in order to remain in his or her existing least restrictive environment (LRE) and prevent movement to a more restrictive setting; and a student whose frequent health-related absences have significantly impeded progress on goals related to critical life skills.

c. School districts may not limit ESY to particular categories of disability or unilaterally limit the type, amount, or duration of those services.

13. If, after consideration of the factors in paragraph (3)(g) of this rule, the IEP Team determines that a student needs a particular device or service, including an intervention, accommodation or other program modification, in order for the student to receive a FAPE, the IEP must include a statement to that effect.

(h) Contents of the IEP. The IEP for each student with a disability must include:

1. A statement of the student’s present levels of academic achievement and functional performance, including how the student’s disability affects the student’s involvement and progress in the general curriculum, or for prekindergarten children, as appropriate, how the disability affects the student’s participation in appropriate activities. For a student identified as gifted and who is also identified as a student with a disability, the statement of the student’s present levels of academic achievement must include the student’s strengths, interests and needs beyond the general curriculum that result from the student’s giftedness;

2. A statement of measurable annual goals, including academic and functional goals designed to meet the student’s needs that result from the student’s disability to enable the student to be involved in and make progress in the general curriculum or for preschool children, as appropriate, to participate in appropriate activities and meeting each of the student’s other educational needs that result from the student’s disability. For students also identified as gifted, the IEP must include a statement of measurable annual goals that result from the student’s giftedness;

3. A description of benchmarks or short-term objectives for:

a. Students with disabilities who take alternate assessments aligned to alternate achievement standards; or

b. Any other student with a disability, at the discretion of the IEP Team.

4. A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the student, or on behalf of the student, and a statement of the classroom accommodations, modifications or supports for school personnel that will be provided for the student to advance appropriately toward attaining the annual goals; to be involved and progress in the general curriculum; to participate in extracurricular and other nonacademic activities; and to be educated and participate with other students with and without disabilities in the activities described in this section. A parent must provide signed consent for a student to receive instructional accommodations that would not be permitted on the statewide assessments and must acknowledge in writing that he or she understands the implications of such accommodations. An explanation of the extent, if any, to which the student will not participate with students without disabilities in the regular class and in the activities described in subparagraph (3)(h)4. of this rule;

5. A statement of any individual appropriate accommodations in the administration of statewide standardized assessments as described in Section 1008.22(3), F.S., or district assessments of student achievement that are necessary in order to measure the academic achievement and functional performance of the student on the assessments. Accommodations that negate the validity of a statewide assessment are not allowable in accordance with Section 1008.22(3)(d)3., F.S. If the IEP Team determines that the student will take the Florida Standards Alternate Assessment instead of other statewide standardized assessments or an alternate district assessment of student achievement, the IEP must include a statement of why the student cannot participate in other statewide standardized assessments or district assessments and, if applicable, why the particular district alternate assessment selected is appropriate for the student. If a student does not participate in the statewide assessment program as a result of being granted an extraordinary exemption in accordance with the provisions of Section 1008.212, F.S., or a medically complex exemption in accordance with Section 1008.22(11), F.S., the district must notify the student’s parent and provide the parent with information regarding the implications of such nonparticipation in accordance with Section 1008.22(3), F.S.

6. The projected date for the beginning of the special education, services, accommodations and modifications described in subparagraph (3)(h)4. of this rule, and the anticipated frequency, location and duration of those services;

7. A statement of how the student’s progress toward meeting the annual goals will be measured and when periodic reports on the progress the student is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;

8. During the student’s seventh grade year or when the student attains the age of twelve (12), whichever occurs first, in order to ensure quality transition planning and services, IEP Teams shall begin the process of identifying transition services needs of students with disabilities, to include the following:

a. The preparation needed for the student to graduate from high school with a standard diploma and a Scholar or Industry Scholar diploma designation as determined by the parent;

b. Consideration of the student’s need for instruction or the provision of information in the area of self-determination and self-advocacy to assist the student to be able to actively and effectively participate in IEP meetings and self-advocate, so that needed postsecondary and career goals may be identified. The plan must be operational and in place to begin implementation on the first day of the student’s first year in high school;

c. Provision of the information to the student and his or her parent of the school district’s high school-level transition services, career and technical education, and collegiate programs available to students with disabilities and how to access such programs; and

d. Information shall be provided on school-based transition programs and programs and series available through Florida’s Center for Students with Unique Abilities, the Florida Centers for Independent Living, the Division of Vocational Rehabilitation, the Agency for Persons with Disabilities, and the Division of Blind Services. Referral forms, links and technical support contacts for these services must be provided to students and parents at IEP meeting.

9. Beginning not later than the first IEP to be in effect when the student enters ninth grade or when the student attains the age of fourteen (14), or when determined appropriate by the parent and the IEP team, whichever occurs first, the IEP must be updated at least annually and must include the following:

a. A statement of intent to receive a standard high school diploma pursuant to Sections 1003.4282(1)-(8) or (9), F.S. This statement must be signed by the parent or guardian and must document the following

(I) If the student will pursue a Scholar or Industry Scholar designation in accordance with Section 1003.4285, F.S., as determined by the parent:

(II) Discussion of the process for a student with a disability who meets the requirements for a standard high school diploma to defer the receipt of such diploma pursuant to Section 1003.4285, F.S.

(III) Appropriate measurable postsecondary and career goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills and the transition services (including pre-employment transition services and courses of study) needed to assist the student in reaching those goals. Any changes to these goals; and,

(IV) If a participating agency responsible for transition services, other than the school district, fails to provide the transition services described in the IEP, the school district shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the student set out in the IEP.

(V) A statement of the outcomes and the additional benefits expected by the parent and the IEP team at the time of the student’s graduation;

b. For the IEP in effect at the beginning of the school year the student is expected to graduate, this statement must also include the following:

(I) A signed statement by the parent, the guardian or the student, if the student has reached the age of majority and rights have transferred to the student, that he or she understands the process of deferment and identifying if the student will defer the receipt of his or her standard high school diploma.

10. Beginning at least one (1) year before the student’s eighteenth (18th) birthday, the age of majority, a statement that the student has been informed of his or her rights under Part B of the IDEA, if any, that will transfer from the parent to the student on reaching the age of majority, which is eighteen (18) years of age.

11. At least one (1) year before the student reaches the age of majority, provision of information and instruction to the student and his or her parent on self-determination and the legal rights and responsibilities regarding the educational decisions that transfer to the student upon attaining the age of eighteen (18). Pursuant to Section 1003.5716, F.S., the information must include the ways in which the student may provide informed consent to allow his or her parent to continue to participate in educational decisions, including:

a. Informed consent to grant permission to access confidential records protected under the Family Educational Rights and Privacy Act (FERPA) as provided in s. 1002.22, F.S.

b. Powers of attorney as provided in chapter 709, F.S.

c. Guardian advocacy as provided in s. 393.12, F.S.

d. Guardianship as provided in chapter 744, F.S.

e. Supported decisionmaking agreements as provided in s. 709.2209, F.S.

(i) LRE and placement determinations. Placement determinations shall be made in accordance with the LRE provisions of the IDEA, as follows:

1. To the maximum extent appropriate, students with disabilities, including those in public or private institutions or other facilities, are educated with students who are not disabled;

2. Special classes, separate schooling or other removal of students with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily; and,

3. A continuum of alternative placements must be available to meet the needs of students with disabilities for special education and related services, including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions and a school district must make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

4. In determining the educational placement of a student with a disability, including a preschool child with a disability, each school district must ensure that:

a. The placement decision.

(I) Is made by a group of persons, including the parents, and other persons knowledgeable about the student, the meaning of the evaluation data, and the placement options; and,

(II) Is made in conformity with the LRE provisions of this rule.

b. The student’s placement:

(I) Is determined at least annually;

(II) Is based on the student’s IEP; and,

(III) Is as close as possible to the student’s home.

c. Unless the IEP of a student with a disability requires some other arrangement, the student is educated in the school that he or she would attend if nondisabled;

d. In selecting the LRE, consideration is given to any potential harmful effect on the student or on the quality of services that he or she needs; and,

e. A student with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

5. In providing or arranging for the provision of nonacademic and extracurricular services and activities (including meals, recess periods, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school district, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the school district and assistance in making outside employment available), each school district must ensure that each student with a disability participates with students who are not disabled to the maximum extent appropriate to the needs of the student. The school district must ensure that each student with a disability has the supplementary aids and services determined by the student’s IEP Team to be appropriate and necessary for the student to participate in nonacademic settings.

(j) Review and revision of the IEP. The school district shall ensure that the IEP Team:

1. Reviews the student’s IEP periodically, but not less than annually, to determine whether the annual goals for the student are being achieved;

2. Revises the IEP as appropriate to address:

a. Any lack of expected progress toward the annual goals and in the general curriculum, if appropriate;

b. The results of any reevaluation conducted;

c. Information about the student provided to, or by, the parents;

d. The student’s anticipated needs or other matters; and,

e. Consideration of the factors described in paragraph (3)(g) of this rule; and,

3. Responds to the parent’s right to ask for revision of the student’s IEP; and,

4. Encourages the consolidation of reevaluation meetings for the student and other IEP Team meetings for the student, to the extent possible.

(k) Changes to the IEP. Generally, changes to the IEP must be made by the entire IEP Team at an IEP Team meeting and may be made by amending the IEP rather than by redrafting the entire IEP. However, in making changes to a student’s IEP after the annual IEP meeting for a school year, the parent and the school district may agree not to convene an IEP Team meeting for purposes of making those changes, and instead may develop a written document to amend or modify the student’s current IEP. If changes are made to the student’s IEP without a meeting, the school district must ensure that the student’s IEP Team is informed of those changes. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated. In addition, the following changes to the IEP and decisions made by the IEP team must be approved by the parent or the adult student if rights have transferred in accordance with subsection 6A-6.03311(8), F.A.C. Such changes are subject to an independent review by private instructional personnel who are hired, contracted, or selected by the parent pursuant to Section 1003.572, F.S., and include:

1. Changes to the postsecondary or career goals; and,

2. Changes to the graduation pathway specified in the student’s IEP and any waiver of statewide standardized assessment results made by the IEP team in accordance with the provisions of Section 1008.22(3)(d), F.S.

(l) Students with disabilities in adult prisons. The requirements of this rule relating to participation in general assessments do not apply to students with disabilities who are convicted as adults under State law and incarcerated in adult prisons. In addition, the requirements relating to transition planning and services do not apply with respect to those students whose eligibility for services under Part B of the IDEA and Rules 6A-6.03011 through 6A-6.0361, F.A.C., will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release. The IEP Team of a student with a disability who is convicted as an adult under State law and incarcerated in an adult prison may modify the student’s IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated, and the requirements relating to IEP content and LRE do not apply with respect to such modifications made.

(m) IEP implementation and accountability. The school district, or other state agency that provides special education either directly, by contract, or through other arrangements, is responsible for providing special education to students with disabilities in accordance with the students’ IEPs. However, it is not required that the school district, teacher, or other person be held accountable if a student does not achieve the growth projected in the annual goals and benchmarks or objectives. An IEP must be in effect before special education and related services are provided to an eligible student and must be implemented as soon as possible following the IEP meeting. In addition:

1. The student’s IEP shall be accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation.

2. All teachers and providers shall be informed of their specific responsibilities related to implementing the student’s IEP and the specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP.

3. The school district must make a good faith effort to assist the student to achieve the goals and objectives or benchmarks listed on the IEP.

4. Nothing in this section limits a parent’s right to ask for revisions of the child’s IEP or to invoke due process procedures.

(n) IEPs and meetings for students with disabilities placed in private schools or community facilities by the school district.

1. If a student with a disability is placed in a private school by the school district, in consultation with the student’s parents, the school district shall:

a. Ensure that the student has all of the rights of a student with a disability who is served by a school district.

b. Before the school district places the student, initiate and conduct a meeting to develop an IEP for the student, in accordance with this rule or for children ages three (3) through five (5), an IEP or an IFSP in accordance with Rules 6A-6.03011 through 6A-6.0361, FAC.; and,

c. Ensure the attendance of a representative of the private school at the meeting. If the representative cannot attend, the school district shall use other methods to ensure participation by the private school, including individual or conference telephone calls.

2. After a student with a disability enters a private school or facility, any meetings to review and revise the student’s IEP may be initiated and conducted by the private school or facility at the discretion of the school district but the school district must ensure that the parents and a school district representative are involved in decisions about the IEP and agree to proposed changes in the IEP before those changes are implemented by the private school.

3. Even if a private school or facility implements a student’s IEP, responsibility for compliance with these rules remains with the school district.

4. Subparagraphs (3)(n)1. through 3. of this rule, apply only to students who are or have been placed in or referred to a private school or facility by a school district as a means of providing FAPE.

(o) If placement in a public or private residential program is necessary to provide special education to a student with a disability, the program, including non-medical care and room and board, must be at no cost to the parents of the student.

(p) Procedures for routine checking of hearing aids and external components of surgically implanted medical devices. Each school district must ensure that hearing aids worn in school by students with hearing impairments, including deafness, are functioning properly and must ensure that the external components of surgically implanted medical devices are functioning properly. For a student with a surgically implanted medical device who is receiving special education and related services under Rules 6A-6.03011 through 6A-6.0361, F.A.C., a school district is not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted (or of an external component of the surgically implanted medical device).

(q) Procedures for students with disabilities who are covered by public benefits or insurance. A school district may use the Medicaid or other public benefits or insurance programs in which a student participates to provide or pay for services required under Rules 6A-6.03011 through 6A-6.0361, F.A.C., as permitted under the public benefits or insurance program, except as provided herein.

1. With regard to services required to provide FAPE to an eligible student under the IDEA, the school district:

a. May not require parents to sign up for or enroll in public insurance programs in order for their student to receive FAPE under Part B of the IDEA;

b. May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to the IDEA, but pursuant to subparagraph (3)(q)3. of this rule, may pay the cost that the parent otherwise would be required to pay;

c. May not use a student’s benefits under a public insurance program if that use would:

(I) Decrease available lifetime coverage or any other insured benefit;

(II) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the student outside of the time the student is in school;

(III) Increase premiums or lead to the discontinuation of benefits or insurance; or

(IV) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and,

d. Prior to accessing the student’s or parent’s public benefits or insurance for the first time, and after providing notification to the student’s parent as described in sub-subparagraph (3)(q)1.e. of this rule, the school district must obtain written, parental consent that specifies:

(I) The personally identifiable information that may be disclosed such as records or information about the services that may be provided to the student;

(II) The purpose of disclosure, such as for purpose of billing for services;

(III) The agency to which the disclosure may be made; and,

(IV) That the parent understands and agrees that the school district may access the parent’s or student’s public benefits or insurance to pay for services required under Rules 6A-6.03011 through 6A-6.0361, F.A.C.

e. Prior to accessing a student’s or parent’s public benefits or insurance for the first time, and annually thereafter, the school district must provide written notification consistent with the requirements found in paragraphs 6A-6.03311(1)(a) and (b), F.A.C., to the student’s parents that includes:

(I) A statement of the parental consent provision in sub-subparagraph (3)(q)1.d. of this rule;

(II) A statement of the no cost provisions of subparagraph (3)(q)1. of this rule;

(III) A statement that the parents have the right to withdraw their consent to disclose their child’s personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance at any time; and,

(IV) A statement that the withdrawal of consent or refusal to provide consent to disclose personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program does not relieve the school district of its responsibility to ensure that all required services are provided at no cost to the parents.

2. With regard to students with disabilities who are covered by private insurance, a school district may access a parent’s private insurance proceeds to provide services required under the IDEA only if the parent provides written informed consent. Each time the school district proposes to access the parent's private insurance proceeds, the agency must obtain parental consent and inform the parents that their refusal to permit the school district to access their private insurance does not relieve the school district of its responsibility to ensure that all required services are provided at no cost to the parents.

3. Use of Part B funds if parent does not give consent. If a school district is unable to obtain parental consent to use the parents’ private insurance, or public benefits or insurance when the parents would incur a cost for a specified service required to ensure FAPE, the school district may use its IDEA Part B funds to pay for the service. To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the parents would incur a cost, the school district may use its IDEA Part B funds to pay the cost that the parents otherwise would have to pay to use the parents’ benefits or insurance (e.g., the deductible or co-pay amounts).

(r) Access to instructional materials. Each school district must take all reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials.

(s) Physical education. Physical education services, specially designed if necessary, must be made available to every student with a disability receiving FAPE, unless the school district enrolls students without disabilities and does not provide physical education to students without disabilities in the same grades. Each student with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled students unless the student is enrolled full time in a separate facility or the student needs specially designed physical education, as prescribed in the student’s IEP. If specially designed physical education is prescribed in a student’s IEP, the school district responsible for the education of that student must provide the services directly or make arrangements for those services to be provided through other public or private programs. The school district responsible for the education of a student with a disability who is enrolled in a separate facility must ensure that the student receives appropriate physical education services in compliance with this section.

(t) Program options. Each school district must take steps to ensure that its students with disabilities have available to them the variety of educational programs and services available to students without disabilities in the area served by the school district, including art, music, industrial arts, consumer and homemaking education, and career technical education.

6A-6.030281 Provision of Equitable Services to Parentally-Placed Private School Students with Disabilities.

School districts must maintain policies and procedures in accordance with this rule to ensure the provision of equitable services to students with disabilities who have been placed in private schools by their parents where the provision of free appropriate public education (FAPE) is not at issue.

(1) Definition of parentally-placed private school students with disabilities. For purposes of this rule, parentally-placed private school students with disabilities means students with disabilities enrolled by their parents in private, including religious, non-profit schools or facilities that meet the definition of elementary school or secondary school under Rules 6A-6.03011-.0361, F.A.C., and does not include students with disabilities who are or have been placed in or referred to a private school or facility by a school district as a means of providing special education and related services.

(2) Child find for parentally-placed private school students with disabilities. Each school district must locate, identify, and evaluate all students with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located in the school district’s jurisdiction, in accordance with this rule and the child find provisions of these rules. The child find process must be designed to ensure the equitable participation of parentally-placed private school students and an accurate count of those students.

(a) Activities. In carrying out the requirements of this section, the school district must undertake activities similar to the activities undertaken for the school district’s public school students.

(b) Cost. The cost of carrying out the child find requirements in this rule, including individual evaluations, may not be considered in determining if a school district has met its obligation under subsection (4) of this rule.

(c) Completion period. The child find process must be completed in a time period comparable to that for other students attending public schools in the school district.

(d) Out-of-State students. Each school district in which private, including religious, elementary and secondary schools are located must, in carrying out the child find requirements in this rule, include parentally-placed private school students who reside in a State other than Florida.

(3) Confidentiality of personally identifiable information. If a student is enrolled, or is going to enroll in a private school that is not located in the school district of the parent’s residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the school district where the private school is located and officials in the school district of the parent’s residence.

(4) Provision of services for parentally-placed private school students with disabilities – basic requirement. To the extent consistent with the number and location of students with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located in the school district’s jurisdiction, provision is made for the participation of those students in the program assisted or carried out under Part B of the Individuals with Disabilities Education Act (IDEA) by providing them with special education and related services, including direct services determined in accordance with subsections (12) and (13) of this rule, unless the U.S. Secretary of Education has arranged for services to those students under the by-pass provisions in 34 C.F.R. §§300.190 through 300.198.

(a) Services plan for parentally-placed private school students with disabilities. In accordance with subsections (12) and (13) of this rule, a services plan must be developed and implemented for each private school student with a disability who has been designated by the school district in which the private school is located to receive special education and related services under this rule.

(b) Record keeping. Each school district must maintain in its records, and provide to the Department of Education, the following information related to parentally-placed private school students covered under this rule:

1. The number of students evaluated;

2. The number of students determined to be students with disabilities; and,

3. The number of students served.

(5) Expenditures. To meet the requirements of this rule, each school district must spend the following on providing special education and related services (including direct services) to parentally-placed private school students with disabilities:

(a) For children and students aged three (3) through twenty-one (21), an amount that is the same proportion of the school district’s total subgrant under Section 611(f) of the IDEA as the number of private school students with disabilities aged three (3) through twenty-one (21) who are enrolled by their parents in private, including religious, elementary and secondary schools located in the school district’s jurisdiction, is to the total number of students with disabilities in its jurisdiction aged three (3) through twenty-one (21).

(b) For children aged three (3) through five (5), an amount that is the same proportion of the school district’s total subgrant under Section 619(g) of the IDEA as the number of parentally-placed private school students with disabilities aged three (3) through five (5) who are enrolled by their parents in private, including religious, elementary and secondary schools located in the school district’s jurisdiction, is to the total number of students with disabilities in its jurisdiction aged three (3) through five (5).

(c) Children aged three (3) through five (5) are considered to be parentally-placed private school students with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school under Florida law.

(d) If a school district has not expended for equitable services all of the funds described in paragraphs (5)(a) and (b), above, by the end of the fiscal year for which Congress appropriated the funds, the school district must obligate the remaining funds for special education and related services (including direct services) to parentally-placed private school students with disabilities during a carry-over period of one additional year.

(6) Calculating proportionate amount. In calculating the proportionate amount of Federal funds to be provided for parentally-placed private school students with disabilities, the school district, after timely and meaningful consultation with representatives of private schools, must conduct a thorough and complete child find process to determine the number of parentally-placed students with disabilities attending private schools located in the school district. (See Appendix B to the IDEA regulations for an example of how proportionate share is calculated).

(7) Annual count of the number of parentally-placed private school students with disabilities. Each school district must, after timely and meaningful consultation with representatives of parentally-placed private school students with disabilities (consistent with this rule), determine the number of parentally-placed private school students with disabilities attending private schools located in the school district and ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year. The count must be used to determine the amount that the school district must spend on providing special education and related services to parentally-placed private school students with disabilities in the next fiscal year.

(8) Supplement, not supplant. State and local funds may supplement and in no case supplant the proportionate amount of Federal funds required to be expended for parentally-placed private school students with disabilities under this rule.

(9) Consultation with private school representatives. To ensure timely and meaningful consultation, a school district must consult with private school representatives and representatives of parents of parentally-placed private school students with disabilities during the design and development of special education and related services for the students regarding the following:

(a) The child find process, including how parentally-placed private school students suspected of having a disability can participate equitably and how parents, teachers, and private school officials will be informed of the process;

(b) The determination of the proportionate share of Federal funds available to serve parentally-placed private school students with disabilities, including the determination of how the proportionate share of those funds was calculated;

(c) The consultation process among the school district, private school officials, and representatives of parents of parentally-placed private school students with disabilities, including how the process will operate throughout the school year to ensure that parentally-placed students with disabilities identified through the child find process can meaningfully participate in special education and related services;

(d) Provision of special education and related services. How, where, and by whom special education and related services will be provided for parentally-placed private school students with disabilities, including a discussion of:

1. The types of services, including direct services and alternate service delivery mechanisms; and,

2. How special education and related services will be apportioned if funds are insufficient to serve all parentally-placed private school students; and,

3. How and when those decisions will be made.

(e) How, if the school district disagrees with the views of private school officials on the provision of services or the types of services (whether provided directly or through a contract) the school district will provide to such private school officials a written explanation of the reasons why the school district chose not to provide services directly or through a contract.

(10) Written affirmation. When timely and meaningful consultation, as required by subsection (9) of this rule has occurred, the school district must obtain a written affirmation signed by the representatives of participating private schools. If the representatives do not provide the affirmation within a reasonable period of time, the school district must forward the documentation of the consultation process to the Department of Education.

(11) Compliance. A private school official has the right to submit a complaint to the Department of Education that the school district did not engage in consultation that was meaningful and timely or did not give due consideration to the views of the private school official. If the private school official wishes to submit a complaint, the official must provide to the Department of Education the basis of the noncompliance by the school district with the applicable private school provisions in this rule and the school district must forward the appropriate documentation to the Department of Education. If the private school official is dissatisfied with the decision of the Department of Education, the official may submit a complaint to the U.S. Secretary of Education by providing the information on noncompliance, and the Department of Education must forward the appropriate documentation to the U.S. Secretary of Education.

(12) Equitable services determined. No parentally-placed private school student with a disability has an individual right to receive some or all of the special education and related services that the student would receive if enrolled in a public school. Decisions about the services that will be provided to parentally-placed private school students with disabilities under this rule must be made in accordance with this rule. The school district will make the final decisions with respect to the services to be provided to eligible parentally-placed private school students with disabilities.

(13) Services plan for each student served. If a student with a disability is enrolled in a religious or other private school by the student’s parents and will receive special education or related services from a school district, the school district must initiate and conduct meetings to develop, review, and revise a services plan for the student and ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the school district shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls. Each parentally-placed private school student with a disability who has been designated by the school district to receive services must have a services plan that describes the specific direct special education services that the school district will provide to the student in light of the services that the school district has determined it will make available to parentally-placed private school students with disabilities. The services plan must be developed, reviewed, and revised consistent with the requirements for IEP development, review and revision.

(14) Equitable services provided. The provision of equitable services must be by employees of the school district or through contract by the school district with an individual, association, agency, organization, or other entity. The services provided to parentally-placed private school students with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary and secondary school teachers who are providing equitable services to parentally-placed private school students with disabilities do not have to meet the highly qualified special education teacher requirements under Florida law. Parentally-placed private school students with disabilities may receive a different amount of services than students with disabilities in public schools. Special education and related services provided to parentally-placed private school students with disabilities, including materials and equipment, must be secular, neutral, and nonideological.

(15) Location of services and transportation. Equitable services to parentally-placed private school students with disabilities may be, but are not required to be, provided on the premises of private, including religious, schools. If necessary for the student to benefit from or participate in the services provided under this rule, a parentally-placed private school student with a disability must be provided transportation from the student’s school or the student’s home to a site other than the private school and from the service site to the private school, or to the student’s home, depending on the timing of the services. School districts are not required to provide transportation from the student’s home to the private school. The cost of any transportation provided under this section may be included in calculating whether the school district has expended its proportionate share.

(16) Due process hearings and procedural safeguards. Except as provided herein, the procedures related to procedural safeguards, mediation and due process hearings do not apply to complaints that a school district has failed to meet the requirements of this rule, including the provision of services indicated on the student’s services plan. However, such procedures do apply to complaints that a school district has failed to meet the requirements of this rule related to child find, including the requirements related to conducting appropriate evaluations of students with disabilities. Any request for due process hearing regarding the child find requirements must be filed with the school district in which the private school is located and a copy must be forwarded to the Department of Education.

(17) State complaints. Any complaint that a school district has failed to meet the requirements of this rule related to the provision of equitable services, services plans, expenditures, consultation with private school representatives, personnel, or equipment and supplies must be filed in accordance with the State Complaint procedures described in Rules 6A-6.03011-.0361, F.A.C. A complaint filed by a private school official under this section must be filed with the Department of Education in accordance with its State Complaint procedures as prescribed in subsection 6A-6.03311(5), F.A.C.

(18) Requirement that funds not benefit a private school. A school district may not use funds provided under the IDEA to finance the existing level of instruction in a private school or to otherwise benefit the private school. The school district must use funds provided under Part B of the IDEA to meet the special education and related services needs of parentally-placed private school students with disabilities, but not for the needs of a private school or the general needs of the students enrolled in the private school.

(19) Use of personnel. A school district may use funds available under the IDEA to make public school personnel available in other than public facilities to the extent necessary to provide equitable services under this rule for parentally-placed private school students with disabilities if those services are not normally provided by the private school. A school district may use funds available under the IDEA to pay for the services of an employee of a private school to provide equitable services under this rule if the employee performs the services outside of his or her regular hours of duty and the employee performs the services under public supervision and control.

(20) Separate classes prohibited. A school district may not use funds available under the IDEA for classes that are organized separately on the basis of school enrollment or religion of the students if the classes are at the same site and the classes include students enrolled in public schools and students enrolled in private schools.

(21) Property, equipment, and supplies. A school district must control and administer the funds used to provide special education and related services under this rule and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in this rule. The school district may place equipment and supplies in a private school for the period of time needed for the provision of equitable services. The school district must ensure that the equipment and supplies placed in a private school are used only for IDEA purposes and can be removed from the private school without remodeling the private school facility. The school district must remove equipment and supplies from a private school if the equipment and supplies are no longer needed for IDEA purposes or removal is necessary to avoid unauthorized use of the equipment and supplies for other than IDEA purposes. No funds under IDEA may be used for repairs, minor remodeling, or construction of private school facilities.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.01, 1003.4203, 1003.4282, 1003.55, 1003.57, 1003.571, 1003.5715, 1008.22 FS. Law Implemented 1002.33, 1003.01, 1003.4203, 1003.4282, 1003.55, 1003.57, 1003.571, 1003.5715, 1003.5716, 1008.22 FS. History–New 7-13-93, Amended 10-17-04, 12-22-08, 12-15-09, 3-25-14, 12-23-14, 1-7-16, 5-3-22, 9-26-23, 2-20-24, 8-27-24.
• Rulemaking Authority 1001.02(1)(2), (n), 1003.01(9)(a), (b), 1003.57 FS. Law Implemented 1001.42(4)(l), 1003.01(9)(a), (b), 1003.57, 1011.62(1)(c), (e), 1001.03(8) FS. History–New 9-20-04, Amended 12-22-08.

Fla. Admin. Code R. 6A-6.03029 Development of Individualized Family Support Plans for Children with Disabilities Ages Birth Through Five Years

Parents are a child’s first teachers and are partners with school and school district personnel to identify the specific concerns and priorities of the family related to enhancing their child’s development. Procedures for developing individualized family support plans shall be set forth in each district’s Exceptional Student Education (ESE) Policies and Procedures document, as defined in subsection 6A-6.03411(2), F.A.C., consistent with the following requirements:

(1) Definitions: An individualized family support plan (IFSP) is a written plan identifying the specific concerns and priorities of a family related to enhancing their child’s development and the resources to provide early intervention services to children with disabilities ages birth through two (2) years or special education and related services to children with disabilities ages three (3) through five (5). To meet the identified outcomes for an individual child and family, a planning process involving the family, professionals and others shall be used to prepare the document.

(2) Use of IFSPs. For children with disabilities ages birth through two (2) years, an IFSP consistent with the requirements of subsections (3), (4), (6), (8), (9) and (10) of this rule, shall be used. For children with disabilities ages three (3) through five (5) years, school districts may utilize, at the option of the school district and with written parental consent, an IFSP consistent with the requirements of subsections (3), (5), (7), (9) and (10) of this rule, in lieu of an individual educational plan (IEP). Parents must be provided with a detailed explanation of the difference between an IFSP and an IEP.

(3) Contents. The IFSP shall include:

(a) A statement of the child’s present levels of physical development (including vision, hearing and health status), cognitive development, communication development, social or emotional development and adaptive skills development based on the information from the child’s evaluation and assessment;

(b) With the concurrence of the family, a statement of the family’s resources, priorities and concerns related to enhancing the development of the child as identified through the assessment of the family;

(c) A statement of measurable results or measurable outcomes expected to be achieved by the child and the family, including an educational component that promotes school readiness and incorporates pre-literacy, language and numeracy skills as developmentally appropriate, and the goals, criteria, procedures and timelines used to determine the degree to which progress toward achieving the measurable results or outcomes identified on the IFSP is being made, and whether modifications or revisions of the expected results or outcomes or early intervention or special education and related-services are necessary; and,

(d) A statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), or the special education and related services necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified on the IFSP, including:

1. Frequency, intensity and method of delivering services;

2. Location of the services;

3. Length of the services;

4. Funding source or payment arrangements, if any;

5. Anticipated duration of these services;

6. Other services;

7. Projected dates for initiation of services for children birth through two (2), which must be as soon as possible but within thirty (30) calendar days of the date the parent consents to the service, and the anticipated duration of these services; and,

8. Steps to be taken to support the transition of the child, when exiting the Early Steps program to preschool services for children with disabilities ages three (3) through five (5), or other services that may be available. The steps required for transition shall include:

a. Discussions with, and training of, parents regarding future placements and other matters related to the child’s transition;

b. Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting;

c. Notification information to the school district for the purpose of child find;

d. With parental consent, the transmission of information about the child to the school district to ensure continuity of services, including a copy of the most recent evaluation and assessments of the child and family and a copy of the most recent IFSP that has been developed and implemented; and,

e. Identification of transition services and other activities that the IFSP team determines are necessary to support the child.

(e) A statement of the natural environments in which early intervention services, or special education and related services, are to be provided, and a justification of the extent, if any, to which the services will not be provided in a natural environment;

(f) A statement of the strategies needed in order to meet the child’s and family’s outcomes;

(g) The name of the service coordinator from the profession most immediately relevant to the child’s or family’s needs, or the individual who is otherwise qualified to be responsible for the implementation of the early intervention or special education and related services identified in the IFSP, including transition services and coordination with other agencies and persons. In meeting this requirement, the school district may assign the same service coordinator who was appointed at the time the child was initially referred for evaluation to be responsible for implementing a child’s and family’s IFSP or appoint a new service coordinator;

(h) Family demographic and contact information;

(i) A statement of eligibility, including recommendations for children not found eligible;

(j) A description of everyday routines, activities and places in which the child lives, learns and plays and individuals with whom the child interacts;

(k) Identification of the most appropriate IFSP team member to serve as the primary service provider;

(l) Documentation of the names of the individuals who participated in the development of the IFSP, the method of participation and the individual responsible for implementing the IFSP; and,

(m) For children ages birth through two (2) years:

1. Identification of any medical and additional supports that the child or family needs or is receiving through other sources, but that are neither required nor funded under the Individuals with Disabilities Education Act, Part C, 34 CFR §303.344(e); and,

2. A description of the steps the service coordinator or family will take to assist the child and family in securing additional supports not currently being provided.

(4) Timelines for IFSPs for children with disabilities ages birth through two (2) years. These timelines shall include the following:

(a) For a child who has been evaluated for the first time and determined to be eligible, a meeting to develop the initial IFSP must be conducted within forty-five (45) days from referral;

(b) A review of the IFSP for a child and the child’s family must be conducted every six (6) months from the date of the initial or annual evaluation of the IFSP or more frequently if conditions warrant, or if the family requests such a review. The review may be carried out at a meeting or by another means that is acceptable to the parents and other participants. The purpose of the periodic review is to determine:

1. The degree to which progress toward achieving the results or outcomes identified on the IFSP is being made;

2. Whether modifications or revisions of the results or outcomes or services are necessary; and,

3. Whether additional needs have been identified based on ongoing assessment or observation.

(c) A face-to-face meeting must be conducted on at least an annual basis by the IFSP team to re-determine eligibility and review the IFSP for a child and the child’s family, and to revise, change or modify its provisions and assess the continuation of the outcomes, strategies and recommended services, as needed. The results of any current evaluations, and other information available from ongoing assessments of the child and family, must be considered at the annual review of the IFSP to determine continuing eligibility and the early intervention services that are needed and will be provided.

(d) IFSP meetings must be conducted:

1. In settings and at times that are convenient to families; and,

2. In the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so.

(e) Meeting arrangements must be made with and written notice provided to the family and other participants early enough before the meeting date to ensure that they will be able to attend.

(f) The contents of the IFSP must be fully explained to the parent(s) and informed written consent from the parent(s) must be obtained prior to the provisions of early intervention services described in the plan. If the parent(s) does not provide consent with respect to a particular early intervention service, that service may not be provided. The early intervention services to which parental consent is obtained must be provided.

(5) Requirements for IFSPs for children with disabilities ages three (3) through five (5). These IFSPs shall be consistent with the requirements of paragraphs 6A-6.03028(3)(a)-(g), (j)-(k) and (m)-(t), F.A.C.

(6) Participants for IFSP meetings for children with disabilities ages birth through two (2) years.

(a) Each initial meeting and each annual meeting to review the IFSP and re-determine eligibility must include the following participants:

1. The parent or parents of the child;

2. Other family members, as requested by the parent(s);

3. An advocate or individual outside of the family, if the parent(s) requests that the individual participate;

4. The service coordinator who has been working with the family since the initial referral of the child for evaluation, or who has been designated to be responsible for implementation of the IFSP;

5. For initial individualized family support plan meetings, a person directly involved in conducting the evaluation or assessment; and,

6. As appropriate, individuals who will be providing services to the child or family.

(b) If an individual listed in paragraph (6)(a) of this rule is unable to attend a meeting, arrangements must be made for the individual’s involvement through other means, including:

1. Participating in a telephone or video conference call;

2. Having a knowledgeable authorized representative attend the meeting; or

3. Making pertinent records available at the meeting.

(c) Each periodic review must provide for the participation of individuals in subparagraphs (6)(a)1.-4. and 6. of this rule. If conditions warrant, provisions must be made for the participation of other representatives.

(7) Participants for IFSP meetings for children with disabilities ages three (3) through five (5) years shall include those listed in paragraph 6A-6.03028(3)(c), F.A.C.

(8) Provision of services before evaluation and assessments are completed. Early intervention services for a child with disabilities ages birth through two (2) years and the child’s family may commence before the completion of the evaluation and assessments if the following conditions are met:

(a) Parental consent is obtained;

(b) An interim IFSP is developed that includes:

1. The name of the service coordinator who will be responsible, consistent with paragraph (3)(g) of this rule for implementation of the interim IFSP and coordination with other agencies and individuals;

2. The early intervention services that have been determined to be needed immediately by the child and the child’s family; and,

3. Signatures of those who developed the IFSP.

(c) The evaluation and assessments are completed within forty-five (45) calendar days from referral as required in paragraph (4)(a) of this rule.

(9) Nonpublic schools. For children with disabilities ages birth through five (5), the procedures described in paragraphs 6A-6.03028(3)(n) and (o), F.A.C., shall be followed.

(10) Financial responsibility. For children ages birth through two (2) years, the school district shall only be responsible for the early intervention services specified and agreed to through the IFSP process. For children ages three (3) through five (5) years, the school district shall only be responsible for the provision of the special education and related services necessary for the child to benefit from special education.

Cf. P.L. 105-17 (20 USC 1436)

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.01(9)(a), (b), 1003.21(1)(e), 1003.57(1)(c), 1003.571 FS. Law Implemented 1001.03(8), 1003.01(9)(a), (b), 1003.21(1)(e), 1003.57(1)(c), 1003.571 FS. History–New 7-13-93, Amended 1-4-94, 9-20-04, 12-23-14.

Fla. Admin. Code R. 6A-6.03030 Exceptional Student Education Eligibility for Infants or Toddlers Birth Through Two Years Old who have Established Conditions

(1) Definition. An infant or toddler with an established condition is defined as a child from birth through two (2) years of age with a diagnosed physical or mental condition known to have a high probability of resulting in developmental delay. Such conditions shall include genetic and metabolic disorders, neurological disorders a severe attachment disorder, an autism spectrum disorder, a sensory impairment (vision or hearing), or the infant’s birth weight was less than 1,200 grams.

(2) Criteria for eligibility. An infant or toddler with an established condition is eligible for exceptional student education when a team of qualified professionals and the parent or guardian in accordance with subsection 6A-6.0331(6), F.A.C., determine that all the following criteria are met:

(a) The infant or toddler is below the age of thirty-six (36) months;

(b) The requirements of subsection 6A-6.0331(2), F.A.C., have been met; and,

(c) There is written evidence that the Department of Health, Children’s Medical Services, Part C Local Early Steps has determined that the infant or toddler has an established condition as defined in subsection (1) of this rule; and,

(d) The infant or toddler needs early intervention services as defined in paragraph 6A-6.03411(1)(i), F.A.C.

(3) Continued eligibility. Continued eligibility for exceptional student education shall be determined before the child’s third birthday in accordance with Rule 6A-6.03026, F.A.C.

History

• Rulemaking Authority 1001.02, 1003.01, 1003.21, 1003.57 FS. Law Implemented 1003.01, 1003.21, 1003.57 FS. History–New 11-29-93, Amended 4-4-13.

Fla. Admin. Code R. 6A-6.03031 Exceptional Student Education Eligibility for Infants and Toddlers Birth Through Two Years Old who are Developmentally Delayed

(1) Definition. An infant or toddler who is developmentally delayed is defined as a child from birth through two years of age who has a delay in one (1) or more of the following developmental domains:

(a) Adaptive development;

(b) Cognitive development;

(c) Communication development;

(d) Social or emotional development; and,

(e) Physical development;

(2) Criteria for eligibility. An infant or toddler with a developmental delay is eligible for exceptional student education when a team of qualified professionals and the parent or guardian in accordance with subsection 6A-6.0331(6), F.A.C., determine that all the following criteria are met:

(a) The child is below the age of thirty-six (36) months; and,

(b) There is documentation of one of the following:

1. A score of 1.5 standard deviations below the mean in two (2) or more developmental domains as measured by at least one (1) appropriate diagnostic instrument and procedures, and informed clinical opinion; or

2. A score of 2.0 standard deviations below the mean in one (1) developmental domain as measured by at least one (1) appropriate diagnostic instrument and procedures, and informed clinical opinion; or

3. Based on informed clinical opinion a determination has been made that a developmental delay exists.

(c) The requirements of subsection 6A-6.0331(2), F.A.C., have been met; and,

(d) There is written evidence that the Department of Health, Children’s Medical Services, Part C Local Early Steps has determined that the infant or toddler has a developmental delay as defined in paragraph (2)(b) of this rule; and,

(e) The infant or toddler needs early intervention services as defined in paragraph 6A-6.03411(1)(i), F.A.C.

(3) Continued eligibility. Continued eligibility for exceptional student education shall be determined before the child’s third birthday in accordance with Rule 6A-6.03026, F.A.C.

History

• Rulemaking Authority 1001.02, 1003.01, 1003.21, 1003.57 FS. Law Implemented 1003.01, 1003.21 FS. History–New 11-29-93, Amended 4-4-13.

Fla. Admin. Code R. 6A-6.03032 Procedural Safeguards for Children with Disabilities Ages Birth Through Two Years

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.01(3)(a), (b), 1003.21(1)(e), 1003.57(5) FS. Law Implemented 1001.03(8), 1001.42(4)(l), 1003.01(3)(a), (b), 1003.21(1)(e), 1003.57.(5), 1011.62(1)(c) FS. History–New 1-4-94, Amended 9-20-04. Cf. P.L. 105-17, 20 USC 1439, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.03033 Specialized Instructional Services (SIS) for Voluntary Prekindergarten Children (VPK) with Disabilities

(1) Definitions.

(a) For purposes of this rule, “specialized instructional services” refers to those services authorized to be provided under Section 1002.66, F.S.

(b) For purposes of this rule, “an applicable field of study” refers to an occupation that is subject to licensure or certification by the state of Florida or a subdivision thereof and that may be used to address the age-appropriate progress of children with disabilities in the development of the capabilities, capacities, and skills required under Section 1(b), Art. IX of the State Constitution.

(c) For purposes of this rule, “professionally accepted standards” is the level of care that would be recognized and adhered to by a reasonably prudent professional licensed or certified in the applicable field of study in Florida.

(2) The Department approves the following individuals to provide specialized instructional services:

(a) Individuals certified pursuant to Section 393.17, F.S., or licensed pursuant to Chapter 490 or 491, F.S., for applied behavior analysis services as defined under Sections 627.6686 and 641.31098, F.S.;

(b) Speech-language pathologists licensed under Section 468.1185, F.S.;

(c) Occupational therapists licensed under Chapter 468, Part III, F.S.;

(d) Physical therapists licensed under Chapter 486, F.S.;

(e) Clinical Social Workers licensed under Chapter 491, F.S.; and,

(f) Psychologists licensed under Chapter 490, F.S.

(3) The Department will approve the following individuals to deliver specialized instructional services upon submission of a request for approval using the Department’s Form VPK-SIS1, Specialized Instructional Services (SIS) for Voluntary Prekindergarten Children with Disabilities – Specified SIS Providers, effective September 2012 (https://www.flrules.org/Gateway/reference.asp?No=Ref-01596), which is incorporated by reference herein. Form VPK-SIS1 may be obtained from the Office of Early Learning, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. Applicants under this subsection are approved for a period of five (5) years, or until license or certification suspension, revocation, or expiration, whichever occurs earlier:

(a) Listening and Spoken Language Specialists™ certified by the Alexander Graham Bell Academy for Listening and Spoken Language;

(b) Board Certified Behavior Analysts certified by the Behavior Analyst Certification Board® pursuant to Rule 65G-4.0011, F.A.C.

(4) The Department will approve other specialized instructional service providers meeting the following criteria:

(a) The applicant must be licensed or certified in an applicable field of study; and,

(b) The applicant must submit a request for approval using the Department’s Form VPK-SIS2, Specialized Instructional Services (SIS) for Voluntary Prekindergarten Children with Disabilities – Other SIS Providers, effective September 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01596), which is incorporated by reference herein. Form VPK-SIS2 may be obtained from the Office of Early Learning, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. Applicants under this subsection are approved for a period of five (5) years, or until license or certification suspension, revocation, or expiration, whichever occurs earlier.

(5) Pursuant to Section 1002.66(4), F.S., the Department will maintain a list of approved providers of specialized instructional services meeting the requirements of subsections (1) through (4) of this rule.

(6) Pursuant to Section 1002.66(4), F.S., upon the request of a child’s parent, the Department may approve a provider of specialized instructional services not included on the Department’s approved list.

(a)1. Pursuant to Section 1002.66(3), F.S., the services of the specialized instructional service provider must: Be consistent with the child’s individual educational plan (IEP), as described in Rule 6A-6.03028, F.A.C.; Be delivered according to professionally accepted standards; Be delivered in accordance with the performance standards adopted by the Department of Education under Section 1002.67, F.S., which are adopted in Rule 6A-1.099823, F.A.C., and incorporated herein; and Address the age-appropriate progress of the child in the development of the capabilities, capacities, and skills required under Section 1(b), Art. IX of the State Constitution.

2. In addition, the services of the specialized instructional service provider must be provided by a service provider licensed or certified in an applicable field of study.

(b) When requesting the approval of a specialized instructional service provider who is not included on the Department’s approved list, a parent must submit the Department’s Form VPK-SIS3, Specialized Instructional Services (SIS) for Voluntary Prekindergarten Children with Disabilities – Parent Request, effective September 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01596), which is incorporated by reference herein. Form VPK-SIS3 may be obtained from the Office of Early Learning, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. This form must be received no later than thirty (30) calendar days prior to the beginning of the program (school year or summer program). Providers approved at the request of a parent remain approved for the period of the child’s eligibility for VPK, or until the provider’s license or certification is suspended, revoked, or expired, whichever occurs earlier.

History

• Rulemaking Authority 1002.66, 1002.73(2), 1002.79 FS. Law Implemented 1002.66 FS. History–New 9-16-12.

Fla. Admin. Code R. 6A-6.031 Definitions of Terms in Exceptional Child Program

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.04(4) FS. History–New 4-11-70, Amended 7-19-72, Formerly 6A-6.31, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0311 Eligible Special Programs for Exceptional Students

Special programs for exceptional students encompass instruction and related services which provide significant adaptations in one or more of the following: curriculum, methodology, materials, equipment, or environment designed to meet the individual learning needs of exceptional students.

(1) Continuum of placements. Special programs shall be organized so that an exceptional student shall receive instruction in one or more of the following ways:

(a) Supplementary consultation or related services. Supplementary consultation or related services is the provision of assistance to school staff in basic, vocational or exceptional classes.

(b) Resource room. Resource room special instruction is supplemental instruction to exceptional students who receive their major educational program in other basic, vocational or exceptional classes.

(c) Special class. Special class is the provision of instruction to exceptional students who receive the major portion of their educational program in special classes located in a regular school.

(d) Special day school. A special day school is a school which is administratively separate from regular schools and is organized to serve one or more types of exceptional students.

(e) Residential school. A residential school is a special school which in addition to providing special education and related services, provides room and board.

(f) Special class in a hospital or facility operated by a noneducational agency.

(g) Individual instruction in a hospital or home.

(h) In addition, districts may provide supplementary instructional personnel to public or nonpublic preschool or day care programs for the instruction of pre-kindergarten exceptional students.

(2) Varying exceptionalities. A varying exceptionalities class is a setting which may provide for assignment of students of more than one (1) exceptionality to one (1) teacher per instructional class period, or more than one (1) exceptionality to one (1) teacher during a school week.

(a) If a school district establishes varying exceptionalities classes, procedures for this program shall be set forth in Special Programs and Procedures for Exceptional Students as required by Rule 6A-6.03411, F.A.C.

(b) Eligible exceptional students served in varying exceptionalities classes shall be reported for full-time equivalent membership in accordance with subsections 6A-1.0451(7) and (8), F.A.C.

(3) Written agreements for out-of-district placements.

(a) When multi-district programs are established, school districts shall develop a written agreement approved by all participating school boards, which includes but is not limited to:

1. Designating responsibilities for the implementation of Special Programs and Procedures for Exceptional Students, pursuant to Rule 6A-6.03411, F.A.C.;

2. Providing transportation;

3. Providing program and staff supervision;

4. Funding programs; and,

5. Dissolving the agreement.

(b) When a district provides a special program for exceptional students by assigning instructional personnel to a facility operated by another agency or organization, a written agreement shall be developed outlining the respective duties and responsibilities of each party. The written agreement shall include information requirements as in paragraph (3)(a) of this rule.

(c) Prior to reporting full-time equivalent membership for students in a program as in paragraphs (3)(a) and (b) of this rule, the school districts shall have in effect a written agreement which has been identified pursuant to paragraph 6A-6.03411(4)(a), F.A.C.

History

• Rulemaking Authority 1001.02, 1001.42 FS. Law Implemented 1001.02, 1001.42 FS. History–New 6-17-74, Amended 12-5-74, 7-25-83, Formerly 6A-6.311, Amended 10-3-91, 3-6-96.

Fla. Admin. Code R. 6A-6.0312 Course Modifications for Exceptional Students

History

• Rulemaking Authority 1001.42(4)(1), 1003.57, 1011.62(1)(c) FS. Law Implemented 1003.43, 1003.438 FS. History–New 4-30-85, Formerly 6A-6.312, Amended 4-23-87, Repealed 6-23-16.

Fla. Admin. Code R. 6A-6.032 Identification and Placement of Exceptional Children

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.04(4) FS. History–New 4-11-70, Amended 7-19-72, Formerly 6A-6.32, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0321 Personnel Employed in Special Programs for Exceptional Students

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.23(4)(m) FS. History–New 6-17-74, Amended 12-5-74, Formerly 6A-6.321, Repealed 4-18-96.

Fla. Admin. Code R. 6A-6.033 Requirements for Approval of Exceptional Child Education Units

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.04(4) FS. History–New 4-11-70, Formerly 6A-6.33, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0331 General Education Intervention Procedures, Evaluation, Determination of Eligibility, Reevaluation and the Provision of Exceptional Student Education Services

The state’s goal is to provide full educational opportunity and a free appropriate public education (FAPE) to all students with disabilities ages three (3) through twenty-one (21) and to students who are gifted in grades kindergarten through 12. School districts have the responsibility to ensure that students suspected of having a disability are subject to general education intervention procedures. They must ensure that all students with disabilities or who are gifted and who are in need of exceptional student education (ESE) as defined in paragraph 6A-6.03411(1)(n), F.A.C., are identified, located, and evaluated, and FAPE is made available to them if it is determined that the student meets the eligibility criteria specified in Rules 6A-6.03011, 6A-6.03012, 6A-6.030121, 6A-6.03013, 6A-6.03014, 6A-6.030151, 6A-6.030152, 6A-6.030153, 6A-6.03016, 6A-6.03018, 6A-6.03019, 6A-6.03020, 6A-6.03022, 6A-6.03023, paragraph 6A-6.03026(1)(b) and Rule 6A-6.03027, F.A.C. ESE includes specially designed instruction as defined in paragraph 6A-6.03411(1)(jj), F.A.C.; special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.; and related services as defined in paragraph 6A-6.03411(1)(dd), F.A.C. These requirements apply to all students, including those who are homeless or are wards of the state or who attend private schools, regardless of the severity of their disability. Additionally, school districts may elect to serve children with disabilities below the age of three (3) years in collaboration with the Part C Early Steps Program. The procedures and criteria for general education interventions, identification, evaluation, and determination of eligibility of students with disabilities and gifted students by school districts shall be set forth in the school district’s ESE Policies and Procedures document consistent with the following requirements.

(1) General education intervention procedures for kindergarten through grade twelve (12) students suspected of having a disability who are enrolled in public schools. It is the local school district’s responsibility to develop and implement a multi-tiered system of support which integrates a continuum of academic and behavioral interventions for students who need additional support to succeed in the general education environment. In implementing a data-based problem solving process designed to develop, implement and evaluate a coordinated continuum of evidence-based instruction and intervention practices, a school district may carry out problem solving activities that include the provision of educational and behavioral evaluations, services, and supports, including evidence-based literacy instruction and professional development for teachers and other school staff to enable them to deliver scientifically based academic and behavioral interventions and, where appropriate, instruction on the use of adaptive and instructional technology. The general education intervention requirements set forth in paragraphs (a) through (e) of this subsection, are not required of students suspected of being gifted or who are being considered for eligibility in accordance with Rule 6A-6.03020, F.A.C., for special education and related services for students who are homebound or hospitalized. The general education interventions requirements set forth in paragraphs (a), (b) and (e) of this subsection, may not be required for students suspected of having a disability if a team that comprises qualified professionals and the parent determines that these general education interventions are not appropriate for a student who demonstrates a speech disorder or severe cognitive, physical or sensory disorders, or severe social/behavioral deficits that require immediate intensive intervention to prevent harm to the student or others.

(a) Parent involvement in general education intervention procedures. Opportunities for parents to be involved in a data-based problem solving process to address the student’s areas of concern must be made available. In addition, there must be discussion with the parent regarding the data used to identify the problem and monitor student progress, the student’s response to instruction and interventions, modification of the interventions, and anticipated future action to address the student’s learning and/or behavioral needs. Documentation of parental involvement and communication must be maintained.

(b) Observations of the student must be conducted in the educational environment and, as appropriate, other settings to document the student’s learning or behavioral areas of concern. At least one (1) observation must include an observation of the student’s performance in the general classroom.

(c) Review of existing data, including anecdotal, social, psychological, medical, and achievement (including classroom, district and state assessments) shall be conducted. Attendance data shall be reviewed and used as one indicator of a student’s access to instruction.

(d) Vision and hearing screenings shall be conducted for the purpose of ruling out sensory deficits that may interfere with the student’s academic and behavioral progress, and additional screenings or assessments to assist in determining interventions may be conducted, as appropriate. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

(e) Evidence-based interventions addressing the identified areas of concern must be implemented in the general education environment. The interventions selected for implementation should be developed by a team through a data-based problem solving process that uses student performance data to identify and analyze the area(s) of concern, select and implement interventions, and monitor the effectiveness of the interventions. Interventions shall be implemented as designed for a period of time sufficient to determine effectiveness, and with a level of intensity that matches the student’s needs. Pre-intervention and ongoing progress monitoring measures of academic and/or behavioral areas of concern must be collected and communicated to the parents in an understandable format, which may include, but is not limited to, graphic representation.

(f) Nothing in this section should be construed to either limit or create a right to FAPE under Rules 6A-6.03011-.0361, F.A.C., or to delay appropriate evaluation of a student suspected of having a disability.

(g) A school district may not use more than fifteen (15) percent of the amount it receives under Part B of the IDEA for any fiscal year to develop and implement a coordinated continuum of evidence-based general education interventions for students in kindergarten through grade twelve (12) who are not currently identified as needing special education and related services but who need additional support to succeed in the general education environment. Funds made available to carry out this paragraph may be used to carry out general education intervention procedures aligned with activities funded by and carried out under the Elementary and Secondary Education Act (ESEA), if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this paragraph. For IDEA Part B funds used in this way, the school district must annually report to the Florida Department of Education on the number of students served under this paragraph who received general education interventions and the number of students who received such services and subsequently receive special education and related services under Part B of the IDEA during the preceding two (2) year period.

(2) Procedures prior to initial evaluation for prekindergarten children. For children who are below mandatory school attendance age and who are not yet enrolled in kindergarten, the activities specified in subsection (1) of this rule are not required. The following requirements apply to this population:

(a) Existing social, psychological, and medical data shall be reviewed, with referral for a health screening when the need is indicated; and,

(b) Vision and hearing screenings shall be conducted for the purpose of ruling out sensory deficits. Additional screenings to assist in determining interventions may be conducted as appropriate.

(3) Initial evaluation. Each school district must conduct a full and individual initial evaluation before the initial provision of ESE. Either a parent of a kindergarten through grade 12 student or child age three (3) to kindergarten entry age, or a school district may initiate a request for initial evaluation to determine if the student is a student with a disability. Either a parent of a kindergarten through grade 12 student or a school district may initiate a request for initial evaluation to determine if a student is gifted.

(a) The school district must seek consent from the parent or guardian to conduct an evaluation whenever the district suspects that a kindergarten through grade 12 student, or a child age three (3) to kindergarten entry age, is a student with a disability and needs special education and related services. Circumstances which would indicate that a student may be a student with a disability who needs special education and related services include, but are not limited to, the following:

1. When a school-based team determines that the kindergarten through grade 12 student’s response to intervention data indicate that intensive interventions implemented in accordance with subsection (1) of this rule, are effective but require a level of intensity and resources to sustain growth or performance that is beyond that which is accessible through general education resources; or

2. When a school-based team determines that the kindergarten through grade 12 student’s response to interventions implemented in accordance with subsection (1) of this rule indicates that the student does not make adequate growth given effective core instruction and intensive, individualized, evidence-based interventions; or

3. When a child age three (3) to kindergarten entry age receives a developmental screening through the school district or the Florida Diagnostic and Learning Resource Center and based on the results of the screening it is suspected that the child may be a child with a disability in need of special education and related services; or

4. When a parent requests an evaluation and there is documentation or evidence that the kindergarten through grade 12 student or child age three (3) to kindergarten entry age who is enrolled in a school district operated preschool program may be a student with a disability and needs special education and related services.

(b) Within thirty (30) days of a determination that a circumstance described in subparagraphs (3)(a)1., (3)(a) 2. or (3)(a)3., of this rule, exists for a student in grades kindergarten through grade 12 or a child age three (3) to kindergarten entry age, the school district must request consent from the parent to conduct an evaluation, unless the parent and the school agree otherwise in writing.

(c) As described in subparagraph (3)(a)4. of this rule, if a parent requests that the school conduct an evaluation to determine whether their child is a child with a disability in need of special education and related services, the school district must within thirty (30) days, unless the parent and the school agree otherwise in writing:

1. Obtain consent for the evaluation; or

2. Provide the parent with written notice in accordance with Rule 6A-6.03311, F.A.C., explaining its refusal to conduct the evaluation.

(d) Prior to a school district request for initial evaluation of a student in grades K through 12 suspected of having a disability, school personnel must make one (1) of the following determinations and include appropriate documentation in the student’s educational record to the effect that:

1. The general education intervention procedures have been implemented as required under this rule and the data indicate that the student may be a student with a disability who needs special education and related services;

2. The evaluation was initiated at parent request and the activities described in subsection (1) of this rule, will be completed concurrently with the evaluation but prior to the determination of the student’s eligibility for special education and related services; or

3. The nature or severity of the student’s areas of concern make the general education intervention procedures inappropriate in addressing the immediate needs of the student.

(e) The school district shall be responsible for conducting all initial evaluations necessary to determine if the student is eligible for ESE and to determine the educational needs of the student. Such evaluations must be conducted by examiners, including physicians, school psychologists, psychologists, speech-language pathologists, teachers, audiologists, and social workers who are qualified in the professional’s field as evidenced by a valid license or certificate to practice such a profession in Florida. In circumstances where the student’s medical care is provided by a physician licensed in another state, at the discretion of the school district administrator for exceptional student education, a report of a physician licensed in another state may be accepted for the purpose of evaluation and consideration of eligibility as a student with a disability. Educational evaluators not otherwise covered by a license or certificate to practice a profession in Florida shall either hold a valid Florida teacher’s certificate or be employed under the provisions of Rule 6A-1.0502, F.A.C.

1. Tests of intellectual functioning shall be administered and interpreted by a professional person qualified in accordance with Rule 6A-4.0311, F.A.C., or licensed under Chapter 490, F.S.

2. Standardized assessment of adaptive behavior shall include parental input regarding their student’s adaptive behavior.

(f) For a signed consent for evaluation received by a school district on or before June 30, 2015, the school district shall ensure that initial evaluations of students suspected of having a disability are completed within sixty (60) school days (cumulative) as defined in paragraph 6A-6.03411(1)(h), F.A.C., that the student is in attendance after the school district’s receipt of parental consent for the evaluation. For prekindergarten children, initial evaluations must be completed within sixty (60) school days after the school district’s receipt of parental consent for evaluation.

(g) The school district shall ensure that initial evaluations of students and preschool age children age three (3) through kindergarten entry age suspected of having a disability are completed within sixty (60) calendar days after the school district’s receipt of parent consent for evaluation. For the purposes of this rule, the following calendar days shall not be counted toward the sixty (60) calendar day requirement:

1. All school holidays and Thanksgiving, winter and spring breaks as adopted by the district school board as required by Section 1001.42(4), F.S.;

2. The summer vacation period beginning the day after the last day of school for students and ending on the first day of school for students in accordance with the calendar adopted by the district school board as required by Section 1001.42(4), F.S. However, the school district is not prohibited from conducting evaluations during the summer vacation period;

3. The days when a student is absent for more than eight (8) school days in the sixty (60) calendar day period; and

4. The number of days the school district is closed due to inclement weather/natural disasters, if services for all students have ceased during the closure, and all requirements listed in sub-subparagraphs a.-d. are met:

a. The Governor authorizes the closure of the district’s schools through an emergency order issued pursuant to chapter 252, F.S.;

b. The school district maintains ongoing communication with the parents of any student whose initial evaluation was pending during the school district closure or whose initial evaluation was delayed as a result of the closure;

c. One day or more of the sixty (60) days to conduct an initial evaluation occurred during the school district’s inclement weather/natural disaster closure; and

d. Any extension granted at the school district to the sixty (60) days to conduct an initial evaluation is limited to the number of days the district was closed due to inclement weather/natural disaster.

(h) The sixty (60)-day timeframe for evaluation does not apply to a school district if:

1. The parent and school district, by mutual written agreement, extend the sixty (60)-calendar day requirement by no more than thirty (30)-calendar days. The written agreement must be secured before the forty-fifth (45th) calendar day, but after the formal testing has begun and it was determined that other evaluators are needed to complete the required full and individual evaluation.

2. The parent of the student repeatedly fails or refuses to produce the student for the evaluation; or

3. A student enrolls in a school served by the school district after the timeframe has begun, and prior to a determination by the student’s previous school district as to whether the student is a student with a disability. This exception applies only if the subsequent school district is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent school district agree to a specific time when the evaluation will be completed. Assessments of students with disabilities who transfer from one school district to another school district in the same school year must be coordinated with those students’ prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.

(i) The school district shall ensure that students suspected of being gifted are evaluated within a reasonable period of time as specified in the district’s ESE Policies and Procedures Document as defined in subsection 6A-6.03411(2), F.A.C., but no more than ninety (90) school days that the student is in attendance after the school district’s receipt of parental consent for the evaluation.

(j) School districts must report the information described in subparagraphs 1.-5. in the district’s Program Accountability Assessment and Data Systems ShareFile on the schedule for reporting posted at www.fldoe.org/academics/exceptional-student-edu/data/. The following information is required:

1. Each student for whom the evaluation was not completed within the 60-day timeline described in subsection (3);

2. The reason the timeline was exceeded;

3. The number of days the timeline was exceeded;

4. The date parental consent was received; and

5. The date when the initial evaluation was completed.

(4) Parental consent for initial evaluation.

(a) The school district must provide the parent written notice that describes any evaluation procedures the school district proposes to conduct. In addition, the school district proposing to conduct an initial evaluation to determine if a student is a student with a disability and needs special education and related services or is gifted and needs ESE must obtain informed consent from the parent of the student before conducting the evaluation.

(b) Parental consent for initial evaluation must not be construed as consent for initial provision of ESE.

(c) The school district must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the student is a student with a disability or is gifted.

(d) In the event that the parent fails to respond to the district’s request to obtain informed written consent, the district must maintain documentation of attempts made to obtain consent.

(e) For initial evaluations only, if the child is a ward of the State and is not residing with the student’s parent, the school district is not required to obtain informed consent from the parent for an initial evaluation to determine whether the student is a student with a disability if:

1. Despite reasonable efforts to do so, the school district cannot discover the whereabouts of the parent of the student;

2. The rights of the parents of the student have been terminated in accordance with Chapter 39, Part X, F.S.; or

3. The rights of the parent to makes educational decisions have been subrogated by a judge in accordance with State law and consent for initial evaluation has been given by an individual appointed by the judge to represent the student.

(f) If the parent of a student suspected of having a disability who is enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation or the parent fails to respond to a request to provide consent, the school district may, but is not required to, pursue initial evaluation of the student by using the mediation or due process procedures contained in Rule 6A-6.03311, F.A.C. The school district does not violate its child find obligations if it declines to pursue the evaluation.

(g) A school district may not use a parent’s refusal to consent to initial evaluation to deny the parent or the student any other service, benefit, or activity of the school district, except as provided by this rule.

(5) Evaluation procedures.

(a) In conducting an evaluation, the school district:

1. Must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the student within a data-based problem solving process, including information about the student’s response to evidence-based interventions as applicable, and information provided by the parent. This evaluation data may assist in determining whether the student is eligible for ESE and the content of the student’s individual educational plan (IEP) or educational plan (EP), including information related to enabling the student with a disability to be involved in and progress in the general curriculum (or for a preschool child, to participate in appropriate activities), or for a gifted student’s needs beyond the general curriculum;

2. Must not use any single measure or assessment as the sole criterion for determining whether a student is eligible for ESE and for determining an appropriate educational program for the student; and,

3. Must use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

(b) Each school district must ensure that assessments and other evaluation materials and procedures used to assess a student are:

1. Selected and administered so as not to be discriminatory on a racial or cultural basis;

2. Provided and administered in the student’s native language or other mode of communication and in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so;

3. Used for the purposes for which the assessments or measures are valid and reliable; and,

4. Administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the assessments.

(c) Assessments and other evaluation materials and procedures shall include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

(d) Assessments shall be selected and administered so as to best ensure that if an assessment is administered to a student with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the student’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the student’s sensory, manual, or speaking skills, unless those are the factors the test purports to measure.

(e) The school district shall use assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the student.

(f) A student shall be assessed in all areas related to a suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

(g) An evaluation shall be sufficiently comprehensive to identify all of a student’s ESE needs, whether or not commonly linked to the suspected disability.

(6) Determination of eligibility for exceptional students.

(a) A group of qualified professionals determines whether the student is an exceptional student in accordance with this rule and the educational needs of the student. The parents of a student being considered for eligibility as a student with a disability shall be invited and encouraged to participate as equal members of the group. The school district must provide a copy of the evaluation report and the documentation of the determination of eligibility at no cost to the parent.

(b) In interpreting evaluation data for the purpose of determining if a student is an exceptional student and the educational needs of the student, each school district shall:

1. Draw upon data and information collected as part of a data-based problem solving process from a variety of sources, such as aptitude and achievement tests, the student’s response to instruction and interventions implemented, parent input, student input as appropriate, teacher recommendations, and information about the student’s physical condition, social or cultural background, and adaptive behavior;

2. Ensure that information obtained from all of these sources is documented and analyzed by the team as part of the problem solving process; and,

3. Determine eligibility in accordance with the criteria and procedures specified in these rules.

(c) If a determination is made that a student has a disability and needs special education and related services, an IEP shall be developed for the student in accordance with Rule 6A-6.03028, F.A.C. For children ages three (3) through five (5) years, an individual family support plan (IFSP) may be developed in lieu of an IEP in accordance with Rule 6A-6.03029, F.A.C.

(d) A student may not be determined eligible as a student with a disability if the determinant factor is:

1. Lack of appropriate instruction in reading, including the essential components of reading instruction, including explicit and systematic instruction in (a) phonemic awareness; (b) phonics; (c) vocabulary development; (d) reading fluency, including oral reading skills; and (e) reading comprehension strategies;

2. Lack of appropriate instruction in math; or

3. Limited English proficiency; and,

4. The student does not otherwise meet the eligibility criteria specified in Rules 6A-6.03011-.0361, F.A.C.

(e) A student may not be denied eligibility as a student who is gifted if the determinant factor is limited English proficiency.

(f) For students identified as gifted, an EP in accordance with Rule 6A-6.030191, F.A.C., shall be developed.

(7) Reevaluation Requirements.

(a) A school district must ensure that a reevaluation of each student with a disability is conducted in accordance with Rules 6A-6.03011-.0361, F.A.C., if the school district determines that the educational or related services needs, including improved academic achievement and functional performance, of the student warrant a reevaluation or if the student’s parent or teacher requests a reevaluation.

(b) A reevaluation may occur not more than once a year, unless the parent and the school district agree otherwise and must occur at least once every three (3) years, unless the parent and the school district agree that a reevaluation is unnecessary.

(c) Each school district must obtain informed parental consent prior to conducting any reevaluation of a student with a disability.

(d) If the parent refuses to consent to the reevaluation, the school district may, but is not required to, pursue the reevaluation by using the consent override provisions of mediation or due process. The school district does not violate its child find, evaluation or reevaluation obligations if it declines to pursue the evaluation or reevaluation.

(e) The informed parental consent for reevaluation need not be obtained if the school district can demonstrate that it made reasonable efforts to obtain such consent and the student’s parent has failed to respond.

(8) Additional requirements for evaluations and reevaluations. As part of an initial evaluation, if appropriate, and as part of any reevaluation, the IEP Team and other qualified professionals, as appropriate, must take the following actions:

(a) Review existing evaluation data on the student, including:

1. Evaluations and information provided by the student’s parents;

2. Current classroom-based, local, or State assessments and classroom-based observations; and,

3. Observations by teachers and related services providers.

(b) Identify, on the basis of that review and input from the student’s parents, what additional data, if any, are needed to determine the following:

1. Whether the student is a student with a disability or, in case of a reevaluation of the student, whether the student continues to have a disability;

2. The educational needs of the student;

3. The present levels of academic achievement and related developmental needs of the student;

4. Whether the student needs special education and related services or, in the case of a reevaluation of the student, whether the student continues to need special education and related services; and,

5. Whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the student’s IEP and to participate, as appropriate, in the general curriculum.

(c) The group conducting this review may do so without a meeting.

(d) The school district shall administer tests and other evaluation measures as may be needed to produce the data that is to be reviewed under this section.

(e) If the determination under this section is that no additional data are needed to determine whether the student continues to be a student with a disability and to determine the student’s educational needs, the school district shall notify the student’s parents of:

1. That determination and the reasons for the determination; and,

2. The right of the parents to request an assessment to determine whether the student continues to be a student with a disability and to determine the student’s educational needs. The school district is not required to conduct the assessment unless requested to do so by the student’s parents.

(f) Reevaluation is not required for a student before the termination of eligibility due to graduation with a standard diploma or exiting from school upon reaching the student’s twenty-second (22nd) birthday. For a student whose eligibility terminates under these circumstances, a school district must provide the student with a summary of the student’s academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the student’s postsecondary goals.

(g) Parental consent is not required before reviewing existing data as part of an evaluation or reevaluation or administering a test or other evaluation that is administered to all students unless, before administration of that test or evaluation, consent is required of parents of all students.

(h) If a parent of a student who is home schooled or placed in private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the school district may not use the consent override provisions of mediation or due process and the school district is not required to consider the student eligible for services under Rules 6A-6.03011-.0361, F.A.C.

(i) To meet the reasonable efforts requirements to obtain parental consent, the school district must document its attempts to obtain parental consent using procedures such as those used to obtain parental participation in meetings as described in subparagraph 6A-6.03028(3)(b)7., F.A.C.

(9) Parental Consent for the Initial Provision of Services.

(a) A school district responsible for making FAPE available to an exceptional student must obtain informed consent from the parent of the student before the initial provision of ESE to the student.

(b) The school district must make reasonable efforts to obtain informed consent from the parent for the initial provision of ESE to the student.

(c) If the parent of a student fails to respond or refuses to consent to the initial provision of ESE, the school district may not use mediation or due process hearing procedures in order to obtain agreement or a ruling that the services may be provided to the student.

(d) If the parent of the student refuses consent to the initial provision of ESE, or the parent fails to respond to a request to provide consent for the initial provision of ESE, the school district will not be considered to be in violation of the requirement to make FAPE available to the student for the failure to provide the student with the ESE for which the school district requests consent. In addition, the school district is not required to convene an IEP or EP team meeting or develop an IEP or EP for the student for the ESE for which the school district requests such consent.

(e) If, at any time subsequent to the initial provision of ESE, the parent of a student revokes consent in writing for the continued provision of ESE, the school district may not continue to provide ESE to the student, but must provide prior written notice before ceasing the provision of ESE. The school district may not use mediation or due process hearing procedures in order to obtain agreement or a ruling that the services may be provided to the student.

(f) If a parent of a student revokes consent in writing for the continued provision of ESE, the school district:

1. Will not be considered to be in violation of the requirement to make FAPE available to the student for its failure to provide the student with further ESE; and,

2. Is not required to convene an IEP or EP team meeting or develop an IEP or EP for the student for further provision of ESE.

(g) If a parent of a student with a disability revokes consent in writing for their child’s receipt of ESE after the initial provision of ESE to the student, the school district is not required to amend the student’s education records to remove any references to the student’s receipt of ESE because of the revocation of consent.

(10) Parental Consent for Specific Actions.

(a) A school district may not proceed with the following actions included in a student’s IEP without written informed consent of the parent unless the school district documents reasonable efforts to obtain the parent’s consent and the student’s parent has failed to respond, or the school district obtains approval through a due process hearing in accordance with subsection 6A-6.03311(9), F.A.C. To meet the reasonable efforts requirements to obtain parental consent the school district must document its attempts to obtain parental consent using procedures such as those used to obtain parental participation in meetings as described in subparagraph 6A-6.03028(3)(b)7., F.A.C.

Those actions requiring parental consent include:

1. Provision of instruction in the state alternate academic achievement standards (Access Points), and administration of the statewide, standardized alternate assessment in accordance with Section 1008.22, F.S.; and,

2. Except for a change in placement as described in Section 1003.57(1)(h), F.S., placement of the student in an exceptional student education center as defined in paragraph 6A-1.099828(2)(b), F.A.C.

(b) The district shall obtain written parental consent for the actions described above on the Parental Consent Form – Instruction in Access Points ‒ Alternate Academic Achievement Standards (AP-AAAS) and Administration of the Statewide, Standardized Alternate Assessment, Form 313181, (http://www.flrules.org/Gateway/reference.asp?No=Ref-14585) (effective August 2022) English, Arabic, Chinese, French, Haitian Creole, Portuguese, Russian, Spanish, Tagalog, and Vietnamese, and Parental Consent Form – Student Placement in an Exceptional Education Center, Form 313182, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03384) (effective March 2014) English, Arabic, Chinese, French, Haitian Creole, Portuguese, Russian, Spanish, Tagalog, and Vietnamese, adopted by the Department of Education and incorporated by reference and available at http://www.fldoe.org/ese/ or may be obtained from the Department of Education, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Room 614, Tallahassee, FL 32399. Both forms were translated into Arabic, Chinese, French, Haitian Creole, Portuguese, Russian, Spanish, Tagalog, and Vietnamese.

(c) At any time an IEP team meeting is to be convened for the purpose of reviewing or changing a student’s IEP as it relates to any of the actions described above, the school district must provide written notice of the meeting to the parent at least ten (10) days before the meeting. The notice must indicate the purpose, time, and location of the meeting and who, by title or position, will attend the meeting. The meeting may be convened prior to the tenth (10th) day, if the parent consents upon receipt of the written notice described above.

(d) Within ten (10) school days of a parent indicating in writing on a consent form described in paragraph (b) of this subsection, that they do not consent to an action described in paragraph (a) of this subsection, the district must either develop and implement a new placement or instruction and assessment procedures in accordance with a new IEP or must request a due process hearing in accordance with subsection 6A-6.03311(9), F.A.C. During the pendency of a due process hearing or appellate proceeding regarding a due process complaint, the student must remain in the student’s current educational assignment while awaiting the decision of the due process hearing or court proceeding, unless the parent and the district school board agree otherwise.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.4282, 1003.57, 1003.571, 1003.5715 FS. Law Implemented 1003.01(9)(a), (b), 1003.4282, 1003.57, 1003.571, 1003.5715 FS. History–New 6-17-74, Amended 12-5-74, 7-1-77, 3-28-78, 7-12-78, 8-31-78, 11-29-78, 10-7-81, 7-13-83, 6-2-85, Formerly 6A 6.331, Amended 7-13-93, 1-2-95, 9-20-04, 12-22-08, 12-15-09, 3-25-14, 12-23-14, 8-16-22, 9-23-25.

Fla. Admin. Code R. 6A-6.03311 Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities

Each public agency, including a school district, must establish, maintain and implement procedural safeguards that meet the requirements of this rule. A public agency means local educational agencies (LEAs), educational services agencies (ESAs), nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivisions of the State that are responsible for providing education to children with disabilities.

(1) Prior written notice. The public agency, including a school district, shall provide parents with written notice a reasonable time before proposing or refusing to initiate or change the identification, evaluation, educational placement of the student or the provision of a free appropriate public education (FAPE) to the student. Prior notice may be provided at any meeting where such proposal or refusal is made. Graduation from high school with a regular diploma constitutes a change in placement, requiring prior written notice.

(a) The prior notice to the parents shall be written in language understandable to the general public and shall be provided in the native language or other mode of communication used by the parents, unless it is clearly not feasible to do so.

(b) If the parents’ mode of communication is not a written language, the public agency, including a school district, shall ensure:

1. That the notice is translated orally or by other means to the parents in their native language or other mode of communication;

2. That the parents understand the content of the notice; and,

3. That there is written documentation that these requirements have been met.

(c) The notice to the parents shall include:

1. A description of the action proposed or refused by the public agency, including a school district;

2. An explanation of why the public agency, including a school district, proposes or refuses to take the action;

3. A description of each evaluation procedure, assessment, record, or report the public agency, including a school district, used as a basis for the proposed or refused action;

4. A statement that the parents of a student with a disability have protection under the procedural safeguards of this rule and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;

5. Sources for parents to contact to obtain assistance in understanding the provisions of Rules 6A-6.03011-.0361, F.A.C.;

6. A description of other options that the individual education plan (IEP) team considered and the reasons why those options were rejected; and,

7. A description of other factors that are relevant to the public agency’s, including a school district’s, proposal or refusal.

(2) Provision of Procedural Safeguards to Parents.

(a) Parents must be provided a copy of their procedural safeguards, which provides a full explanation of the provisions of this rule relating to:

1. Prior written notice;

2. Parental consent;

3. Access to education records;

4. The availability of mediation;

5. The opportunity to present and resolve complaints through the state complaint and due process hearing procedures, including the time period in which to file a complaint, the opportunity for the public agency, including a school district, to resolve the complaint, and the difference between the request for due process procedures and the state complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures pursuant to subsection 6A-6.03311(5), F.A.C.;

6. Independent educational evaluations;

7. Procedures for students who are subject to placement in an interim alternative educational setting;

8. Requirements for placement of students with disabilities in private school by their parents at public expense;

9. Due process hearings, including the student’s placement during the pendency of any due process hearing request and requirements for disclosure of evaluation results and recommendations;

10. Civil actions, including the time period in which to file those actions; and,

11. Attorney’s fees.

(b) A copy of the procedural safeguards must be given to the parents of a student with a disability only one time a school year, except that a copy also must be given to the parents:

1. Upon initial referral or parent request for evaluation;

2. In accordance with the discipline procedures when a change in placement occurs;

3. Upon receipt of the first State complaint and upon receipt of the first request for a due process hearing in a school year;

4. Upon request by a parent; and,

5. In accordance with the provisions of Section 1008.212, F.S., upon the public agency, including a school district, superintendent’s recommendation to the Commissioner of Education that an extraordinary exemption for a given state assessment be granted or denied.

(c) A public agency, including a school district, may place a current copy of the procedural safeguards on its internet website, if a website exists.

(d) A parent of a student with a disability may elect to receive notices required by this rule by an electronic mail communication, if the public agency, including a school district, makes that option available.

(e) The procedural safeguards must be provided in an understandable language as provided under subsection (1) of this rule.

(3) Parents’ opportunity to inspect and review education records.

(a) The parents of a student with a disability shall be afforded an opportunity to inspect and review their student’s education records including all records related to the identification, evaluation, and educational placement of the child and the provision of FAPE to the child in accordance with Rule 6A-1.0955, F.A.C., Section 1002.22, F.S., and 34 CFR §§300.613-625.

(b) The right to inspect and review education records under this rule includes the right to have a representative of the parent inspect and review the records.

(4) Mediation. The Department of Education (“Department”) has established a mediation process to provide parents of students with disabilities and personnel of public agencies, including school districts, the opportunity to resolve disputes involving any matters arising under Part B of the Individuals with Disabilities Education Act (IDEA), including matters arising prior to the filing of a due process complaint, through a mediation process.

(a) Requirements. The mediation process must:

1. Be voluntary on the part of both parties;

2. Not be used to deny or delay a parent’s right to a due process hearing under subsection (9) of this rule, or any other rights under this rule; and,

3. Be conducted by a qualified and impartial mediator who is trained in effective mediation techniques and who is Florida Supreme Court certified with no reported sanctions.

(b) Written request. A request for mediation must be in writing and must be filed with the Department by electronic mail, mail, hand-delivery, or facsimile. The Department has developed a form that may be used by parties requesting mediation. The form is available on request from the Department at IDEAMediation@fldoe.org and is also available on the Department’s website at https://www.fldoe.org/core/fileparse.php/7675/urlt/MediationRequestForm.pdf.

(c) List of mediators. The Department will maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.

(d) Mediator assignment.

1. For each mediation provided pursuant to this rule, the Department will assign a mediator on a random, rotational, or impartial basis, from the Department’s list. The Department will provide the parties with written notice of the specific mediator assigned to conduct the mediation. The parties must not contact a mediator on the Department’s list of mediators until the Department has provided the parties with the written notice of the mediator assignment.

2. If the Department is unable to assign a mediator from the list described in paragraph (4)(c) of this rule, due to scheduling conflicts or availability, the Department will provide an alternate list of mediators to the parent and the public agency, which includes a school district, and will permit the parties involved in the dispute to agree on the mediator.

(e) Costs. The Department will bear the cost of the mediation process described in subsection (4) of this rule.

(f) Scheduling. Each session in the mediation process must be scheduled in a timely manner and must be held in a location, including an option for virtual mediation, that is convenient to both the parent and the public agency, including a school district.

(g) Written agreement. If the parties resolve a dispute through the mediation process, the parties must execute a legally binding agreement that:

1. States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings;

2. Is signed by both the parent and a representative of the public agency, including a school district, who had the authority to bind the public agency, including a school district; and,

3. Is enforceable in any State court of competent jurisdiction or in a district court of the United States.

(h) Confidentiality. Whether or not the dispute is resolved through mediation, discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings of any Federal court or State court.

(i) Impartiality of the Mediator. An individual who serves as a mediator:

1. May not be an employee of any public agency, including a school district, or any state agency that is involved in the education or care of the student;

2. Must not have a personal or professional interest that conflicts with the person’s objectivity; and,

3. Is not an employee of a public agency, including a school district, or state agency solely because he or she is paid by the Department to serve as a mediator.

(5) State complaint procedures. The Department of Education shall provide parents and other interested persons, including an organization or individual from another state, the opportunity to resolve any complaint that a public agency, including a local school district, has violated a requirement of Part B of the IDEA or its implementing regulations, or a state requirement, regarding the education of students with disabilities through its state complaint procedures. The Department of Education shall disseminate its state complaint procedures, which may be accessed at http://www.fldoe.org/academics/exceptional-student-edu/dispute-resolution/ to parents and other interested individuals, including the parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities.

(a) Within sixty (60) calendar days after a complaint is filed under the provisions of this rule, the Department shall:

1. Carry out an independent onsite investigation, if the Department determines that an investigation is necessary;

2. Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

3. Provide the public agency, including a school district, with the opportunity to respond to the complaint, including, at a minimum:

a. A proposal to resolve the complaint, at the discretion of the public agency, including a school district; and,

b. An opportunity for a parent who has filed a complaint and the public agency, including a school district, to engage in mediation consistent with this rule.

4. Review all relevant information and make an independent determination as to whether the public agency, including a school district, is violating a federal or state requirement regarding the education of students with disabilities;

5. Issue a written decision to the complainant that addresses each issue presented in the complaint and contains findings of fact, conclusions, and the reason(s) for the Department’s decision; and,

6. Extend the time limit established in paragraph (6)(a) of this rule, only if exceptional circumstances exist with respect to a particular complaint or the parent and the public agency, including a school district, involved agree to extend the time to engage in mediation pursuant to subsection (5) of this rule.

(b) Procedures for the effective implementation of the Department’s decision, if needed, include the following:

1. Technical assistance activities;

2. Negotiations;

3. Corrective actions to achieve compliance; and,

4. Where the Department has found a failure to provide appropriate services, the Department must address the failure to provide appropriate services, including corrective action appropriate to address the needs of the student (such as compensatory services or monetary reimbursement) and appropriate future provision of services for all students with disabilities.

5. If there remain disputed issues after the Department issues its written decision, either the public agency or the person filing the complaint may, if they have not already done so, use mediation or file a request for a due process hearing on the disputed issues, provided the aggrieved party has the right to file due process as specified in subsection (9) of this rule.

(c) Relationship to due process hearings.

1. If a written complaint is received that is also the subject of a due process hearing requested pursuant to this rule, or the complaint contains multiple issues, of which one or more are part of that hearing, the Department shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action must be resolved in compliance with the procedures described in this rule.

2. If an issue is raised in a complaint filed under this section that has previously been decided in a due process hearing involving the same parties, the administrative law judge’s (ALJ) decision is binding on that issue and the Department shall inform the complainant to that effect.

3. The Department shall resolve any complaint which alleges that a public agency, including a school district, has failed to implement a due process hearing decision.

(d) Filing a complaint. An organization or individual may file a signed written complaint and must forward a copy of the complaint to the public agency, including a school district, serving the student at the same time the party files the complaint with the Department. The complaint must include:

1. A statement that a public agency, including a school district, has violated a requirement of Part B of the IDEA or its implementing regulations regarding the education of students with disabilities;

2. The facts on which the statement is based;

3. The signature and contact information for the complainant; and,

4. If alleging violations with regard to a specific student:

a. The name and address of the residence of the student;

b. The name of the school the student is attending;

c. In the case of a homeless student or youth, available contact information for the student, and the name of the school the student is attending;

d. A description of the nature of the problem of the student, including facts relating to the problem;

e. A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed; and,

f. Alleged violations that occurred not more than one (1) year prior to the date that the complaint is received.

(e) The Department will develop a model form to assist parents and other parties in filing a state complaint. However, neither the Department nor a public agency, including a school district, may require the use of the model form. Parents, public agencies, including school districts, and other appropriate parties may use the appropriate model form or another form or other document, as long as the form or other document that is used meets, as appropriate, the content requirements in paragraph (5)(d), above.

(f) Proposals to resolve the complaint. If a public agency, including a school district, submits a proposal to resolve the complaint, the complainant shall be provided the opportunity to review the proposal and provide voluntary written agreement to withdraw the complaint. Absent the voluntary written agreement of the complainant to withdraw the complaint, the Department shall:

1. Review all relevant information and make an independent determination as to whether the public agency, including a school district, is violating a requirement of the IDEA or state statute or rule related to the education of students with disabilities; and

2. Issue a written decision to the complainant that addresses each allegation in the complaint and contains:

a. Findings of fact and conclusions; and

b. The reasons for the Department’s decision.

(6) Independent educational evaluations.

(a) A parent of a student with a disability has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency, including a school district.

(b) The parent of a student with a disability has the right to be provided, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained and of the public agency’s, including a school district’s, criteria applicable to independent educational evaluations.

(c) For purposes of this section, independent educational evaluation is defined to mean an evaluation conducted by a qualified evaluation specialist who is not an employee of the public agency, including a school district, responsible for the education of the student in question.

(d) Public expense is defined to mean that the public agency, including a school district, either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent.

(e) Whenever an independent educational evaluation is conducted, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the evaluation specialist, shall be the same as the criteria used by the public agency, including a school district, when it initiates an evaluation, to the extent that those criteria are consistent with the parent’s right to an independent educational evaluation.

(f) The public agency, including a school district, may not impose conditions or timelines for obtaining an independent educational evaluation at public expense other than those criteria described in this rule.

(g) If a parent requests an independent educational evaluation at public expense, the public agency, including a school district, must, without unnecessary delay either:

1. Ensure that an independent educational evaluation is provided at public expense; or

2. Initiate a due process hearing under this rule to show that its evaluation is appropriate or that the evaluation obtained by the parent did not meet the public agency’s, including a school district’s, criteria. If the public agency, including a school district, initiates a hearing and the final decision from the hearing is that the district’s evaluation is appropriate, then the parent still has a right to an independent educational evaluation, but not at public expense.

(h) If a parent requests an independent educational evaluation, the public agency, including a school district, may ask the parent to give a reason why he or she objects to the public agency’s, including a school district’s, evaluation. However, the explanation by the parent may not be required and the public agency’s, including a school district, may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public agency, including a school district’s, evaluation.

(i) A parent is entitled to only one (1) independent educational evaluation at public expense each time the public agency, including a school district, conducts an evaluation with which the parent disagrees.

(j) Parent-initiated evaluations. If the parent obtains an independent educational evaluation at public expense or shares with the public agency, including a school district, an evaluation obtained at private expense:

1. The public agency, including a school district, shall consider the results of such evaluation in any decision regarding the provision of FAPE to the student, if it meets appropriate district criteria described in this rule; and,

2. The results of such evaluation may be presented by any party as evidence at any due process hearing regarding that student.

(k) If an ALJ requests an independent educational evaluation as part of a due process hearing, the cost of the evaluation must be at public expense.

(7) Placement of students with disabilities in private schools by their parents when the provision of FAPE is at issue.

(a) A public agency, including a school district, is not required to pay for the costs of education, including special education and related services, of a student with a disability at a private school or facility if that public agency, including a school district, has made FAPE available to the student and the parents elected to place the student in a private school or facility. However, the public agency, including a school district, must include that student in the population whose needs are addressed consistent with Rule 6A-6.030281, F.A.C.

(b) Disagreements between a parent and a public agency, including a school district, regarding the availability of a program appropriate for the student, and the question of financial responsibility, are subject to the due process procedures described in this rule.

(c) If the parents of a student with a disability, who previously received special education and related services under the authority of a public agency, including a school district, enroll the student in a private preschool, elementary, or secondary school without the consent of or referral by the public agency, including a school district, a court or an ALJ may require the public agency, including a school district, to reimburse the parents for the cost of that enrollment if the court or ALJ finds that the public agency, including a school district, had not made FAPE available to the student in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by an ALJ or a court even if it does not meet the state standards that apply to education provided by the Department of Education and the public agency, including a school district.

(d) The cost of reimbursement described in paragraph (c) of this subsection, may be reduced or denied if:

1. At the most recent IEP Team meeting that the parents attended prior to removal of the student from the public school, the parents did not inform the IEP Team that they were rejecting the placement proposed by the public agency, including a school district, to provide FAPE to their student, including stating their concerns and their intent to enroll their student in a private school at public expense or at least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the student from the public school, the parents did not give written notice to the public agency, including a school district, of the information described herein;

2. Prior to the parents’ removal of the child from the public school, the public agency, including a school district, informed the parents, through the notice requirements described in this rule, of its intent to evaluate the student (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the student available for the evaluation; or

3. Upon a judicial finding of unreasonableness with respect to actions taken by the parents.

4. Exception. Notwithstanding the notice requirement in subparagraph 1. of this paragraph, the cost of reimbursement must not be reduced or denied for failure to provide the notice if:

a. The school prevented the parent from providing the notice;

b. The parents had not received notice, pursuant to the procedural safeguards requirements, of the notice requirement in subparagraph 1. of this section; or

c. Compliance with subparagraph (d)1., would likely result in physical harm to the student; and,

5. Notwithstanding the notice requirement in subparagraph (7)(d)1. of this rule, the cost of reimbursement may not, in the discretion of the court or a hearing officer, be reduced or denied for failure to provide this notice if:

a. The parent is not literate or cannot write in English; or

b. Compliance with subparagraph (7)(d)1. of this section, would likely result in serious emotional harm to the student.

(8) Transfer of Parental Rights at the Age of Majority.

(a) When a student with a disability reaches the age of eighteen (18), (except for a student with a disability who has been determined incompetent under State law or who has had a guardian advocate appointed to make educational decisions as provided by Section 393.12, F.S.), the right to notice under this rule is retained as a shared right of the parent and the student.

(b) All other rights afforded to parents under Rules 6A-6.03011 through 6A-6.0361, F.A.C., transfer to the student.

(c) The public agency, including a school district, must notify the student and the parent of the transfer of rights, when the student attains the age of eighteen (18).

(d) At least one (1) year before the student reaches age eighteen (18), the public agency must provide information and instruction to the student and his or her parent on self-determination and the legal rights and responsibilities regarding the educational decisions that transfer to the student upon attaining the age of eighteen (18). The information and instruction must include a written notice that the rights afforded to parents under Part B of the Individuals with Disabilities Education Act transfer to the student at age eighteen (18) except in specified circumstances referenced in paragraph (8)(a) of this rule, a description of the rights that transfer to the student, and the ways in which the parent may continue to participate in educational decisions, including:

1. Informed consent to grant permission to access confidential records protected under the Family Educational Rights and Privacy Act (FERPA) as provided in Section 1002.22, F.S.

2. Powers of attorney as provided in Chapter 709, F.S.

3. Guardian advocacy as provided in Section 393.12, F.S.

4. Guardianship as provided in Chapter 744, F.S.

5. Supported decisionmaking agreements as provided in s. 709.2209, F.S.

(e) For a student with a disability who has attained age eighteen (18) and is incarcerated in a juvenile justice facility or local correctional facility, all rights accorded to parents under this rule transfer to the student, including the right to notice as described in this rule. For students incarcerated in state correctional facilities, all rights accorded to parents under this rule transfer to the student, including notice, regardless of the age of the student.

(f) If a student with a disability has reached the age of majority and does not have the ability to provide informed consent with respect to his or her educational program, procedures established by statute may be used by the parent to:

1. Have the student declared incompetent and the appropriate guardianship established in accordance with the provisions of Chapter 744, F.S.;

2. Be appointed to represent the educational interests of their student throughout the student’s eligibility for FAPE under Rules 6A-6.03011 through 6A-6.0361, F.A.C.; or

3. Have another appropriate individual appointed to represent the educational interests of the student throughout the student’s eligibility for FAPE under Rules 6A-6.03011 through 6A-6.0361, F.A.C., if the parent is not available in accordance with Section 393.12, F.S.

(9) Due process Hearings and Resolution Sessions.

(a) A due process hearing request may be initiated by a parent or a public agency, including a school district, as to matters related to the identification, evaluation, eligibility determination, or educational placement of a student or the provision of FAPE to the student. In addition, in accordance with Section 1008.212, F.S., in the event that a school district superintendent requests an extraordinary exemption from participation in a statewide standardized assessment and the Commissioner of Education denies such request, the parent may request an expedited due process hearing. In this event, the Department must inform the parent of any free or low-cost legal services and other relevant services available. The Department of Education shall arrange a hearing on this matter with the Division of Administrative Hearings. The hearing must begin within twenty (20) school days following the receipt of the parent’s request by the Department. The ALJ must make a determination within ten (10) school days after the expedited hearing is completed.

(b) A due process hearing request must allege a violation that occurred not more than two (2) years before the date the parent or public agency, including a school district, knew or should have known about the alleged action that forms the basis of the due process hearing request. This limitations period does not apply to a parent if the parent was prevented from filing a due process hearing request because of:

1. Specific misrepresentations by the public agency, including a school district, that it had resolved the problem forming the basis of the due process hearing request; or

2. The public agency’s, including a school district’s, withholding of information from the parent that was required under Rules 6A-6.03011-.0361, F.A.C., to be provided to the parent.

(c) Information for parents. The public agency, including a school district, must inform the parent of any free or low-cost legal and other relevant services available in the area if the parent requests the information or the parent or the public agency, including a school district, files a due process hearing request.

(d) The due process hearing request. The public agency, including a school district, must have procedures that require either party, or the attorney representing a party, to provide to the other party a due process hearing request (which must remain confidential). The party filing a due process hearing request must forward a copy of the request by mail to the Florida Department at 325 West Gaines Street, Room 614, Tallahassee, Florida 32399 or via fax transmission to (850)245-0953. A due process hearing request must contain the following:

1. The name of the student;

2. The address of the residence of the student;

3. The name of the school the student is attending;

4. In the case of a homeless student or youth, available contact information for the student and the name of the school the student is attending;

5. A description of the nature of the problem of the student relating to the proposed or refused initiation or change in the identification, evaluation, eligibility determination, placement or provision of FAPE to the student, including facts relating to the problem; and,

6. A proposed resolution of the problem to the extent known and available to the party at the time, including any remedy authorized by the IDEA.

(e) A party may not have a hearing on a due process hearing request or engage in a resolution session, as described below, until the party, or the attorney representing the party, files a due process hearing request that meets the requirements of paragraph (d) of this subsection.

(f) The Department will develop a model form to assist parents and public agencies, including school districts, in filing a due process hearing request. However, neither the Department nor a public agency, including a school district, may require the use of the model form. Parents and public agencies, including school districts, may use the appropriate model form or another form or other document, as long as the form or other document that is used meets, as appropriate, the content requirements in paragraph (d) of this subsection.

(g) A due process hearing request will be deemed sufficient unless the party receiving the due process hearing request notifies the ALJ and the other party in writing, within fifteen (15) days of receipt of the due process hearing request, that the receiving party believes the due process hearing request does not meet the requirements in paragraph (d) of this subsection. Within five (5) days of receipt of the notification of insufficiency, the ALJ must make a determination on the face of the due process hearing request of whether it meets the requirements of paragraph (d) of this subsection, and must immediately notify the parties in writing of that determination.

(h) A party may amend its due process hearing request only if the other party consents in writing to the amendment and is given the opportunity to resolve the due process hearing request through a resolution session held pursuant to paragraph (l) of this subsection or the ALJ grants permission, except that the ALJ may only grant permission to amend at any time not later than five (5) days before the due process hearing begins. If a party files an amended due process hearing request, the timelines for the resolution session in paragraph (l) of this subsection and the thirty (30) day time period to resolve the request as set forth in paragraph (o) of this subsection, begin again with the filing of the amended due process hearing request.

(i) Public agency, including a school district, response to a due process hearing request. If the public agency, including a school district, has not sent a prior written notice under this rule, to the parent regarding the subject matter contained in the parent’s due process hearing request, the public agency, including a school district, must, within ten (10) days of receiving the due process hearing request, send to the parent a response that includes:

1. An explanation of why the public agency, including a school district, proposed or refused to take the action raised in the due process hearing request;

2. A description of other options that the IEP team considered and the reasons why those options were rejected;

3. A description of each evaluation procedure, assessment, record, or report the public agency, including a school district, used as the basis for the proposed or refused action; and,

4. A description of the other factors relevant to the public agency’s, including a school district’s, proposed or refused action.

(j) A response by a public agency, including a school district, under paragraph (i) of this subsection, shall not be construed to preclude the public agency, including a school district, from asserting that the parent’s due process hearing request was insufficient, where appropriate.

(k) Other party response to a due process hearing request. Except as provided in paragraph (i) of this subsection, the party receiving a due process hearing request must, within ten (10) days of receiving the due process hearing request, send to the other party a response that specifically addresses the issues raised in the due process hearing request.

(l) Resolution session. Within fifteen (15) days of receiving notice of a parent’s due process hearing request and prior to convening a due process hearing, the public agency, including a school district, must convene a meeting with the parents and the relevant member or members of the IEP team who have specific knowledge of the facts identified in the due process hearing request that:

1. Includes a representative of the public agency, including a school district, who has decision-making authority on behalf of that district or agency; and,

2. May not include an attorney of the public agency, including a school district, unless the parent is accompanied by an attorney.

(m) The purpose of the resolution meeting is for the parents to discuss their due process hearing request and the facts that form the basis of the due process hearing request, so that the public agency, including a school district, has the opportunity to resolve the dispute that is the basis for the due process hearing request. The resolution meeting need not be held if:

1. The parent and the public agency, including a school district, agree in writing to waive the meeting; or

2. The parent and the public agency, including a school district, agree to use the mediation process described in this rule.

(n) The parent and the public agency, including a school district, determine the relevant members of the IEP team to attend the meeting.

(o) Resolution period. If the public agency, including a school district, has not resolved the due process hearing request to the satisfaction of the parents within thirty (30) days of the receipt of the due process hearing request, the due process hearing may occur and, except as provided in paragraph (r) of this subsection, the forty-five (45)-day timeline for issuing a final decision begins at the expiration of this thirty (30)-day period.

(p) Except where the parties have jointly agreed to waive the resolution process or to use mediation, the failure of a parent filing a due process hearing request to participate in the resolution meeting will delay the thirty (30)-day resolution timeline and the forty-five (45)-day due process hearing timeline until the meeting is held. If the public agency, including a school district, is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented, the public agency, including a school district, may, at the conclusion of the thirty (30)-day period, request that the ALJ dismiss the parent’s due process hearing request.

(q) If the public agency, including a school district, fails to hold the resolution meeting within fifteen (15) days of receiving notice of a parent’s due process hearing request or fails to participate in the resolution meeting, the parent may seek the intervention of an ALJ to begin the due process hearing timeline.

(r) Adjustments to the thirty (30)-day resolution period. The forty-five (45)-day timeline for the due process hearing starts the day after one of the following events:

1. Both parties agree in writing to waive the resolution meeting;

2. After either the mediation or resolution meeting starts but before the end of the thirty (30)-day period, the parties agree in writing that no agreement is possible; or

3. If both parties agree in writing to continue the mediation at the end of the thirty (30)-day resolution period, but later, the parent or public agency, including a school district, withdraws from the mediation process.

(s) Written settlement agreement. If a resolution to the dispute is reached at the meeting described in paragraph (l) of this subsection, the parties must execute a legally binding agreement that is:

1. Signed by both the parent and a representative of the public agency, including a school district, who has the authority to bind the public agency, including a school district; and,

2. Enforceable in any State court of competent jurisdiction or in a district court of the United States.

(t) Agreement review period. If the parties execute an agreement pursuant to paragraph(s) of this subsection, a party may void the agreement within three (3) business days of the agreement’s execution.

(u) Should a hearing be required, it shall be conducted by an ALJ appointed as required by section 120.65, F.S., from the Division of Administrative Hearings, Department of Management Services, on behalf of the Department. At a minimum, an ALJ must not be an employee of the Department or the public agency, including a school district, that is involved in the education or care of the student or have a personal or professional interest that conflicts with the person’s objectivity in the hearing. In addition, an ALJ must possess knowledge of, and the ability to understand, the provisions of the IDEA, federal and state regulations pertaining to the IDEA, and legal interpretations of the IDEA by federal and state courts; must possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and must possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice. A person who otherwise qualifies to conduct a hearing under this paragraph is not an employee of the agency solely because he or she is paid by the agency to serve as an ALJ. The Department will keep a list of the persons who serve as ALJs, which must include a statement of the qualifications of each of those persons.

(v) An ALJ shall use the provisions of Rules 6A-6.03011-.0361, F.A.C., for conducting due process hearings and shall conduct such hearings in accordance with the Uniform Rules for Administrative Proceedings, Chapter 28-106, F.A.C. Minimum procedures for due process hearings shall include the following:

1. Hearing rights. Any party to a due process hearing has the right:

a. To be represented by counsel or to be represented by a qualified representative under the qualifications and standards set forth in Rules 28-106.106-.107, F.A.C., or to be accompanied and advised by individuals with special knowledge or training with respect to the problems of students with disabilities, or any combination of the above;

b. To present evidence, and to confront, cross-examine, and compel the attendance of witnesses;

c. To prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five (5) business days before the hearing;

d. To obtain written, or, at the option of the parents, electronic verbatim record of the hearing at no cost to the parents; and,

e. To obtain written, or, at the option of the parents, electronic findings of fact and decisions at no cost to the parents.

2. Additional disclosure of information.

a. At least five (5) business days prior to a hearing conducted pursuant to this rule, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party’s evaluations that the party intends to use at the hearing.

b. An ALJ may bar any party that fails to comply with sub-subparagraph (9)(v)2.a. of this rule, from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

3. Additional parental rights at hearings. In addition to the rights already identified in this rule, parents involved in hearings must be given the right to:

a. Have their student who is the subject of the hearing present;

b. Open the hearing to the public; and,

c. Have the record of the hearing and the findings of fact and decisions described above provided at no cost to the parents.

4. Hearing decisions. An ALJ’s determination of whether a student received FAPE must be based on substantive grounds. In matters alleging a procedural violation, an ALJ may find that a student did not receive FAPE only if the procedural inadequacies impeded the student’s right to FAPE; significantly impeded the parent’s opportunity to participate in the decision-making process regarding the provision of FAPE to the student; or caused a deprivation of educational benefit. This shall not be construed to preclude an ALJ from ordering a public agency, including a school district, to comply with the procedural safeguards set forth in Rules 6A-6.03011-.0361, F.A.C. In addition, nothing in Rules 6A-6.03011-.0361, F.A.C., shall be construed to preclude a parent from filing a separate request for due process on an issue separate from a request for due process already filed.

5. Findings and decision to advisory panel and general public. The SEA, after deleting any personally identifiable information, must transmit the findings and decisions of the ALJ to the State Advisory Committee for the Education of Exceptional Students and make those findings and decisions available to the public.

6. Timelines and convenience of hearings and reviews. The SEA must ensure that not later than forty-five (45) days after the expiration of the thirty (30) day period for resolution pursuant to paragraph (9)(o) of this rule, or the adjusted time period described in this rule, a final decision is reached in the hearing and a copy of the decision is mailed to each of the parties. An ALJ may grant specific extensions of time beyond these time periods at the request of either party. Each hearing must be conducted at a time and place that is reasonably convenient to the parents and the student involved.

(w) Civil Action. A decision made in a due process hearing shall be final, unless, within ninety (90) days from the date of the decision of the ALJ, a party aggrieved by the decision brings a civil action in federal district or state circuit court without regard to the amount in controversy, as provided in Section 1003.57(5), F.S. The state circuit or federal district court shall receive the records of the administrative proceedings; hear additional evidence at the request of a party; and basing its decision on the preponderance of the evidence, grant the relief it determines appropriate. Nothing in this rule restricts or limits the rights, procedures, and remedies available under the U.S. Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of students with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under the procedures safeguards available under the IDEA, the procedures related to due process hearings must be exhausted to the same extent as would be required had the action been brought under the IDEA.

(x) Attorneys’ Fees.

1. In any due process hearing or subsequent judicial proceeding brought under this rule, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs to:

a. The prevailing party who is the parent of a student with a disability;

b. To a prevailing party who is the Department or public agency, including a school district, against the attorney of a parent who files a complaint or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or

c. To the prevailing Department or public agency, including a school district, against the attorney of a parent, or against the parent, if the parent’s request for a due process hearing or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

2. Prohibition on use of funds. Funds under Part B of the IDEA may not be used to pay attorneys’ fees or costs of a party related to any action or proceeding under this rule. However, this does not preclude a public agency, including a school district, from using funds under Part B of the IDEA for conducting a due process hearing or subsequent judicial proceedings under the IDEA.

3. Award of fees. A court awards reasonable attorneys’ fees under this paragraph consistent with the following:

a. Fees awarded must be based on rates prevailing in the community in which the due process hearing or judicial proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded under this paragraph.

b. Attorneys’ fees may not be awarded and related costs may not be reimbursed in any due process hearing or judicial proceeding for services performed subsequent to the time of a written offer of settlement to a parent if the offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of a due process hearing, at any time more than ten (10) days before the hearing begins; the offer is not accepted within ten (10) days; and the court or ALJ finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement. An award of attorneys’ fees and related costs may be made, however, to a parent who is the prevailing party and was substantially justified in rejecting the settlement offer.

c. Attorneys’ fees may not be awarded relating to any meeting of the IEP team, unless the meeting is convened as a result of a due process hearing or judicial proceeding. For purposes of this section, a resolution session/meeting conducted pursuant to this rule is not considered a meeting convened as a result of a due process hearing or judicial proceeding or a due process hearing or judicial proceeding.

4. Except as provided in paragraph (e) of this subsection, the court reduces, accordingly, the amount of the attorneys’ fees awarded, if the court finds that:

a. The parent, or the parent’s attorney, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy;

b. The amount of the attorneys’ fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience;

c. The time spent and legal services furnished were excessive considering the nature of the action or proceeding; or

d. The attorney representing the parent did not provide to the public agency, including a school district, the appropriate information in the due process request in accordance with this rule.

e. The provisions of subsection (4) of this subsection do not apply in any action or proceeding if the court finds that the Department of Education or the public agency, including a school district, unreasonably protracted the final resolution of the action or proceeding or there was a violation of section 1415 of the IDEA.

(y) Student’s status during proceedings. Except as provided in Rule 6A-6.03312, F.A.C., which addresses discipline of students with disabilities, during the time that an administrative or subsequent judicial proceeding regarding a due process hearing is pending, unless the parent of the student and the public agency, including a school district, agree otherwise, the student involved in the proceeding must remain in the then-current placement. If the proceeding involves an application for an initial admission to public school, the student, with the consent of the parent, must be placed in a public school program until the completion of all proceedings. If the due process hearing involves an application for initial services under Rules 6A-6.03011-.0361, F.A.C., from a student who is transitioning from an IDEA Part C Early Intervention program to an IDEA Part B program and is no longer eligible for Part C services because the student has turned three (3), the public agency, including a school district, is not required to provide the Part C services that the student had been receiving. If the student is found eligible for special education and related services under Part B and the parent consents to the initial provision of such services, then the public agency, including a school district, must provide those special education and related services that are not in dispute between the parent and the public agency, including a school district. If the ALJ agrees with the parent that a change of placement is appropriate, that placement must be treated as an agreement between the State and the parents for purposes of determining the stay-put placement for the student.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.01, 1003.57, 1003.571, 1003.5715, 1003.5716, 1008.212 FS. Law Implemented 1003.01, 1003.57, 1003.571, 1003.5715, 1003.5716, 1008.212 FS. History–New 7-13-83, Amended 12-20-83, 4-26-84, Formerly 6A-6.3311, Amended 7-17-90, 9-20-04, 12-22-08, 3-25-14, 7-14-21, 6-14-22, 8-22-23 11-21-23, 8-27-24.

Fla. Admin. Code R. 6A-6.03312 Discipline Procedures for Students with Disabilities

For students with disabilities whose behavior impedes their learning or the learning of others, strategies, including positive behavioral interventions and supports to address that behavior must be considered in the development of their individual educational plans (IEPs). School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the requirements and procedures in this rule, is appropriate for a student with a disability who violates a code of student conduct.

(1) Definitions applicable to discipline of students with disabilities. For purposes of this rule, the following definitions apply:

(a) Change of placement because of disciplinary removals. For the purpose of removing a student with a disability from the student’s current educational placement as specified in the student’s IEP under this rule, a change of placement occurs when:

1. The removal is for more than ten (10) consecutive school days, or

2. The student has been subjected to a series of removals that constitutes a pattern that is a change of placement because the removals cumulate to more than ten (10) school days in a school year, because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals, and because of additional factors, such as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another. A school district determines on a case-by-case basis whether a pattern of removals constitutes a change of placement, and this determination is subject to review through due process and judicial proceedings.

(b) Controlled substance. A controlled substance is a drug or other substance identified under Schedules I, II, III, IV or V of the Controlled Substances Act, 21 U.S.C. 812(c) and Section 893.02(4), F.S.

(c) Illegal drug. An illegal drug means a controlled substance but does not include a substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act, 21 U.S.C. 812(c) or under any other provision of federal law.

(d) Serious bodily injury. Serious bodily injury means bodily injury which involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(e) Weapon. Weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade that is less than two and one half (2-1/2'') inches in length.

(f) Manifestation determination. A manifestation determination is a process by which the relationship between the student’s disability and a specific behavior that may result in disciplinary action is examined.

(g) Interim alternative educational setting. An interim alternative educational setting (IAES) is a different location where educational services are provided for a specific time period due to disciplinary reasons and that meets the requirements of this rule.

(2) Authority of school personnel. Consistent with the school district’s Code of Student Conduct and to the extent that removal would be applied to students without disabilities, school personnel may:

(a) Remove a student with a disability who violates a code of student conduct from the student’s current placement for not more than ten (10) consecutive school days.

(b) Further remove a student with a disability for not more than ten (10) consecutive school days in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change in placement as defined in this rule.

(3) Manifestation determination. A manifestation determination, consistent with the following requirements, must be made within ten (10) school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct.

(a) In conducting the review, the school district, the parent, and relevant members of the IEP Team (as determined by the parent and the school district) must:

1. Review all relevant information in the student’s file, including any information supplied by the parents of the student, any teacher observations of the student, and the student’s current IEP; and,

2. Determine whether the conduct in question was caused by, or had a direct and substantial relationship to the student’s disability or whether the conduct in question was the direct result of the school district’s failure to implement the IEP.

(b) If the school district, the parent, and relevant members of the IEP Team determine that a condition in subparagraph (a)2., above, was met, the conduct must be determined to be a manifestation of the student’s disability and the school district must take immediate steps to remedy those deficiencies.

(c) If the school district, the parent, and relevant members of the IEP Team determine that the conduct was a manifestation of the student’s disability, the IEP Team must either:

1. Conduct a functional behavioral assessment, unless the school district had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the student; or

2. If a behavioral intervention plan already has been developed, review it and modify it, as necessary, to address the behavior; and,

3. Except as provided in subsection (6) of this rule return the student to the placement from which the student was removed, unless the parent and the school district agree to a change in placement as part of the modification of the behavior intervention plan.

(d) For disciplinary changes of placement, if the behavior that gave rise to the violation of a code of student conduct is determined not to be a manifestation of the student’s disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner and for the same duration in which they would be applied to students without disabilities, except that services consistent with subsection (5) of this rule must be provided to the student with a disability.

(e) If a parent disagrees with the manifestation determination decision made by the IEP Team pursuant to this rule, the parent may appeal the decision by requesting an expedited due process hearing as described in subsection (7) of this rule.

(4) On the date on which a decision is made to make a removal that constitutes a change of placement of a student with a disability because of a violation of a code of student conduct, the school district must notify the parent of the removal decision and provide the parent with a copy of the notice of procedural safeguards as referenced in these rules.

(5) Free appropriate public education for students with disabilities who are suspended or expelled or placed in an IAES.

(a) A school district is not required to provide services to a student with a disability during removals totaling ten (10) school days or less in that school year, if services are not provided to students without disabilities who are similarly removed.

(b) Students with disabilities who are suspended or expelled from school or placed in an IAES must continue to receive educational services, including homework assignments in accordance with Section 1003.01, F.S., so as to enable the student to continue to participate in the general curriculum, although in another setting, and to progress toward meeting the goals in the student’s IEP and receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.

(c) After a student with a disability has been removed from the current placement for ten (10) school days in the school year, if the current removal is not more than ten (10) consecutive school days and is not a change of placement under this rule, school personnel, in consultation with at least one of the student’s special education teacher(s), shall determine the extent to which services are needed so as to enable the student to continue to participate in the general curriculum, although in another setting, and to progress toward meeting the goals in the student’s IEP.

(d) If the removal is a change of placement under this rule, the student’s IEP Team determines appropriate services under paragraph (b) of this subsection.

(6) Special Circumstances and Interim Alternative Educational Setting (IAES).

(a) School personnel may remove a student to an IAES for not more than forty-five (45) school days without regard to whether the behavior is determined to be a manifestation of the student’s disability, if the student:

1. Carries a weapon to or possesses a weapon at school, on school premises, or to a school function under the jurisdiction of a state education agency or a school district;

2. Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a state education agency or a school district; or

3. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state education agency or a school district.

(b) On the date on which a decision is made to make a removal that constitutes a change of placement because of a violation of a code of student conduct, the school district must notify the parent of that decision and provide the parent with a copy of the notice of procedural safeguards as referenced in Rules 6A-6.03011-.0361, F.A.C.

(7) Appeal and Expedited Hearings.

(a) An expedited hearing may be requested:

1. By the student’s parent if the parent disagrees with a manifestation determination or with any decision not made by an administrative law judge (ALJ) regarding a change of placement under this rule; or

2. By the school district if it believes that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

(b) The school district may repeat the procedures for expedited hearings if it believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.

(c) Expedited due process hearings requested under this subsection shall be conducted by an ALJ for the Division of Administrative Hearings, Department of Management Services, on behalf of the Department of Education, and shall be held at the request of either the parent or the school district regarding disciplinary actions. These hearings must meet the requirements prescribed in Rules 6A-6.03011-.0361, F.A.C., except that the hearing must occur within twenty (20) school days of the date the request for due process is filed and an ALJ must make a determination within ten (10) school days after the hearing. In addition, unless the parents and the school district agree in writing to waive the resolution meeting described herein or agree to use the mediation process set forth in these rules:

1. A resolution meeting must occur within seven (7) days of receiving notice of the request for expedited due process hearing; and,

2. The expedited due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within fifteen (15) days of the receipt of the request for expedited due process hearing.

(d) The decision of the ALJ rendered in an expedited hearing may be appealed by bringing a civil action in a federal district or state circuit court, as provided in Section 1003.57(1), F.S.

(8) Authority of an ALJ. An ALJ hears and makes a determination regarding an appeal and request for expedited due process hearing under this subsection and, in making the determination:

(a) An ALJ may return the student with a disability to the placement from which the student was removed if the ALJ determines that the removal was a violation of this rule or that the student’s behavior was a manifestation of the student’s disability; or

(b) Order a change of placement of the student with a disability to an appropriate IAES for not more than forty-five (45) school days if the ALJ determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

(c) The procedures under this subsection may be repeated, if a school district believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.

(9) Student’s Placement During Appeals/Expedited Due Process Proceedings. When an appeal under subsection (7) has been made by either the parent or the school district, the student must remain in the IAES determined by the IEP team pending the decision of the ALJ or until the expiration of the time period specified by school personnel, including expulsion for a student where no manifestation was found, unless the parent and the Department of Education or school district agree otherwise.

(10) Protections for Students not Determined Eligible for Special Education and Related Services. A regular education student who has engaged in behavior that violated a code of student conduct may assert any of the protections afforded to a student with a disability under this rule if the school district had knowledge of the student’s disability before the behavior that precipitated the disciplinary action occurred.

(a) Basis of knowledge. A school district is deemed to have knowledge that a student is a student with a disability if:

1. The parent has expressed concern in writing to supervisory or administrative personnel of the appropriate school district, or a teacher of the student, that the student needs special education and related services;

2. The parent has requested an evaluation to determine whether the student is in need of special education and related services; or

3. The teacher of the student, or other school district personnel, expressed specific concerns about a pattern of behavior demonstrated by the student directly to the school district’s special education director or to other supervisory school district personnel.

(b) Exception. A school district would not be deemed to have knowledge of a disability under paragraph (a), if:

1. The parent of the student has not allowed an evaluation pursuant to Rules 6A-6.03011-.0361, F.A.C., or has refused special education and related services under Rules 6A-6.03011-.0361, F.A.C.; or

2. The school district conducted an evaluation in accordance with Rules 6A-6.03011-.0361, F.A.C., and determined that the student was not a student with a disability.

(c) Conditions that Apply if No Basis of Knowledge.

1. If the school district has no knowledge that the student is a student with a disability prior to disciplinary action, the student may be disciplined in the same manner as a student without a disability who engages in comparable behaviors.

2. If an evaluation request is made for the student during the time period of the disciplinary action, the evaluation must be conducted in an expedited manner. Until the evaluation is completed, the student remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services. If the student is determined to be a student with a disability, taking into consideration information from the evaluation and information provided by the parents, the school district shall provide special education and related services consistent with the requirements of this rule.

(11) Nothing in this rule prohibits a school district from reporting a crime committed by a student with a disability to appropriate authorities or prevents state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a student with a disability.

(12) Student Records in Disciplinary Procedures. School districts shall ensure that the special education and disciplinary records of students with disabilities are transmitted, consistent with the provisions of Section 1002.22, F.S., and Rule 6A-1.0955, F.A.C.:

(a) For consideration by the person making the final determination regarding the disciplinary action; and,

(b) For consideration by the appropriate authorities to whom school districts report crimes.

(13) Disciplinary Records of Students with Disabilities. School districts shall include in the records of students with disabilities a statement of any current or previous disciplinary action that has been taken against the student and transmit the statement to the same extent that the disciplinary information is included in, and transmitted with, the student records of nondisabled students.

(a) The statement may be a description of any behavior engaged in by the student that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the student and other individuals involved with the student.

(b) If the student transfers from one school to another, the transmission of any of the student’s records must include both the student’s current IEP and any statement of current or previous disciplinary action that has been taken against the student.

(14) Suspension and expulsion rates.

(a) The Florida Department of Education, will examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities:

1. Among school districts in the state; or

2. Compared to the rates for non-disabled children within the school districts.

(b) If the discrepancies described in paragraph (a) of this subsection, are occurring, the Department of Education will review and, if appropriate, revise (or require the affected school district to revise) its policies, procedures, and practices relating to the development and implementation of IEPs, the use of positive behavioral interventions and supports, and procedural safeguards, to ensure that these policies, procedures, and practices comply with the IDEA.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.31(3), 1003.571, 1006.09 FS. Law Implemented 1003.31(3), 1003.57, 1003.571, 1006.09 FS. History–New 9-20-04, Amended 12-22-08, 4-21-11.

Fla. Admin. Code R. 6A-6.03313 Procedural Safeguards for Exceptional Students Who Are Gifted

Providing parents with information regarding their rights under this rule is critical to ensuring that they have the opportunity to be partners in the decisions regarding their children. It is also critical that local school boards provide information about these rights to appropriate district and school personnel so that the needs of the student can be identified and appropriately met. For gifted students with disabilities, the procedural safeguards and due process procedures found in Rule 6A-6.03311, F.A.C., apply. For the purposes of this rule, the term parent(s) also includes legal guardian(s). The school board’s policy and procedures for procedural safeguards described in this rule shall be set forth in accordance with Rule 6A-6.03411, F.A.C., and shall include adequate provisions for the following:

(1) Prior notice. The school district shall provide parents with prior written notice a reasonable time before any proposal or refusal to initiate or change the identification, evaluation, educational placement of the student or the provision of a free appropriate public education (FAPE) to the student.

(a) The prior notice to the parents shall be written in language understandable to the general public and shall be provided in the native language or other mode of communication commonly used by the parent unless such communication is clearly not feasible to do so.

(b) If the parents’ mode of communication is not a written language, the school district shall ensure:

1. That the notice is translated to the parents orally or by other means in their native language or mode of communication;

2. That the parents understand the content of the notice; and,

3. That there is written documentation that the requirements of subparagraphs (1)(b)1. and 2. of this rule, have been met.

(c) The notice to the parents shall include:

1. A description of the action proposed or refused by the district, an explanation of why the district proposes or refuses to take the action, and a description of any other options the district considered and the reasons why those options were rejected;

2. A description of each evaluation procedure, test, record or report the district used as a basis for the proposed or refused action;

3. A description of any other factors that are relevant to the district’s proposal or refusal; and,

4. Information on how the parent can obtain a copy of the procedural safeguards specified in this rule.

(2) Content and provision of the procedural safeguards to parents.

(a) Parents must be provided a copy of their procedural safeguards which provides a full explanation of the provisions included in this rule.

(b) A copy of the procedural safeguards must be available to the parents of a child who is gifted, and must be given to the parents, at a minimum:

1. Upon initial referral for evaluation;

2. Upon refusal of a parent’s request to conduct an initial evaluation;

3. Upon notification of each EP meeting; and,

4. Upon receipt of a request for a due process hearing by either the school district or the parent in accordance with subsection (7) of this rule.

(3) Informed parental consent.

(a) Parents shall be fully informed of all information relevant to the action for which consent is sought in their native language or other mode of communication unless such communication is clearly not feasible.

(b) Written parental consent shall be obtained prior to conducting an initial evaluation to determine eligibility and prior to initial provision of services to students who are gifted.

(c) School districts shall document the attempts to secure consent from the parent as required by paragraph (3)(b) of this rule.

(d) Parental consent is voluntary and may be revoked at any time before the action occurs.

(e) Except for formal, individual evaluation and the initial provision of services to the student, consent may not be required as a condition of any other benefit to the parent or child. Any proposal or refusal to initiate or change the identification, evaluation, or educational placement or the provision of a FAPE to the student after the initial placement is not subject to parental consent but is subject to prior notice as defined by subsection (1) of this rule.

(f) Parental consent is not required before:

1. Reviewing existing data as part of an evaluation; or

2. Administering a test or other evaluation that is administered to all students unless, before administration of that test or evaluation, consent is required of parents of all children.

(4) Parents’ opportunity to examine records and participate in meetings.

(a) The parents of students who are gifted shall be afforded, in accordance with Rule 6A-1.0955, F.A.C., and Section 1002.22, F.S., and this rule, an opportunity to inspect and review their child’s educational records.

(b) The right to inspect and review education records under this rule includes the right to have a representative of the parent inspect and review the records including all records related to the identification, evaluation, and educational placement of the child and the provision of a FAPE to the child.

(c) The parents of a student who is gifted must be afforded an opportunity to participate in meetings with respect to the development of their child’s educational plan.

(5) Evaluations obtained at private expense. If the parent obtains an independent evaluation at private expense which meets the requirements of paragraph 6A-6.0331(3)(e), F.A.C., the results of the evaluation must be considered by the school district in any decision made with the respect to the determination of eligibility for exceptional student education services.

(a) The results of such evaluation may be presented as evidence at any hearing authorized under subsection (7) of this rule.

(b) If an administrative law judge (ALJ) requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense.

(6) State complaint procedures. The Department of Education shall provide parents and other interested persons the opportunity to resolve allegations that a school district has violated state requirements regarding the education of students who are gifted through the establishment of state complaint procedures.

(a) Within ninety (90) calendar days after a complaint is filed, under the provisions of this rule, the Department of Education shall:

1. Carry out an independent onsite investigation, if the Department of Education determines that to be necessary;

2. Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

3. Review all relevant information and make an independent determination as to whether the school district is violating a state requirement regarding the education of students who are gifted;

4. Issue a written decision on the complaint that addresses each issue presented in the complaint and contains findings of fact, conclusions, and the reason(s) for the Department of Education’s final decision; and,

5. Extend the time limit established in paragraph (6)(a) of this rule if exceptional circumstances exist with respect to a particular complaint.

(b) Procedures for the effective implementation of the Department of Education’s final decision include the following:

1. Technical assistance activities;

2. Negotiations; and,

3. Corrective actions to achieve compliance.

(c) Relationship to due process hearings.

1. If a written complaint is received that is also the subject of a due process hearing requested pursuant to subsection (7) of this rule, or the complaint contains multiple issues, of which one or more are part of that hearing, the Department of Education shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action must be resolved in compliance with the procedures described in subsection (6) of this rule.

2. If an issue is raised in a complaint filed under this subsection that has previously been decided in a due process hearing involving the same parties, the ALJ’s decision is binding and the Department of Education shall inform the complainant to that effect.

3. The Department of Education shall resolve any complaint that alleges that a school district has failed to implement a due process hearing decision.

(7) Due process hearings. Due process hearings shall be available to parents of students who are gifted and to school districts to resolve matters related to the identification, evaluation, or educational placement of the student or the provision of a FAPE.

(a) Such hearings may be initiated by a parent or a school district on the proposal or refusal to initiate or change the identification, evaluation, or educational placement of the student or the provision of a free appropriate public education to the student.

(b) A hearing shall be conducted by an ALJ from the Division of Administrative Hearings, Department of Management Services, on behalf of the Department of Education.

(c) An ALJ shall use subsection (7) of this rule for any such hearings and shall conduct such hearings in accordance with the Uniform Rules for Administrative Proceedings, Chapter 28-106, F.A.C., as deemed appropriate by the ALJ including the authority of a party to request a pre-hearing conference, the authority of the ALJ to issue subpoenas to compel the attendance of witnesses and the production of records, and the authority of the ALJ to issue summary rulings in absence of a disputed issue of material fact.

(d) Status of student during proceedings.

1. During the time that an administrative or subsequent judicial proceeding regarding a due process hearing is pending, unless the district and the parent of the student agree otherwise, the student involved in the proceeding must remain in the present educational assignment. If the proceeding involves an application for an initial admission to public school, the student, with the consent of the parent, must be placed in a public school program until the completion of all proceedings.

2. If the ALJ agrees with the parent and finds that a change of placement is appropriate, that placement becomes the agreed-upon placement during the pendency of the appeal.

(e) Hearing rights for all parties.

1. Any party to a hearing conducted pursuant to subsection (7) of this rule has the right to:

a. Be represented by counsel or to be represented by a qualified representative under the qualifications and standards set forth in Rules 28-106.106 and 28-106.107, F.A.C., or to be accompanied and advised by individuals with special knowledge or training with respect to the problems of students who are gifted, or any combination of the above;

b. Present evidence, and to confront, cross-examine, and compel the attendance of witnesses;

c. Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five (5) business days before the hearing;

d. Obtain written, or at the option of the parents, electronic, verbatim record of the hearing at no cost to the parents; and,

e. Obtain written, or at the option of the parents, electronic findings of fact and decisions at no cost to the parents.

2. Additional disclosure of information.

a. At least five (5) business days prior to a hearing conducted pursuant to subsection (7) of this rule each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party’s evaluations that the party intends to use at the hearing.

b. An ALJ may bar any party that fails to comply with subparagraph (7)(e)2. of this rule from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

(f) Parental rights at hearings. Parents involved in hearings must be given, in addition to the rights described in paragraph (7)(e) of this rule, the right to:

1. Have their child who is the subject of the hearing present; and,

2. Open the hearing to the public.

(g) Duties and responsibilities of the superintendent or designee shall include:

1. Implementing procedures that require the parent of a child who is gifted, or the attorney representing the child, to provide notice to the school district. The notice required, which must remain confidential, must include: the name of the child; the address of the residence of the child; the name of the school the child is attending; a description of the nature of the problem relating to the proposed or refused initiation or change, including facts relating to the problem; and, a proposed resolution of the problem to the extent known and available to the parents at the time. However, the school district may not deny or delay a parent’s right to a due process hearing for failure to provide this notice.

2. Immediately forwarding to the Division of Administrative Hearings in accordance with the Division’s procedures, the parent’s request for a hearing upon its receipt;

3. Notifying all parties regarding their rights and responsibilities before, during, and after the hearing. This notice should include information to the parent of any free or low cost legal and other relevant services, which are available, if the parent requests this information or if the parent or school district initiates a hearing.

4. Determining whether an interpreter is needed and arranging for the interpreter as required;

5. Complying with the ALJ’s rulings regarding requests for and exchanges of evidence, discovery, the filing of motions and scheduling, so as to meet the requirements of this rule and the deadlines established herein.

6. Arranging for the provision and payment of clerical assistance, the hearing, use of facilities, and a verbatim transcript of the hearing;

7. Completing other responsibilities specified by the school board.

(h) Duties and responsibilities of the Department of Education shall include:

1. Maintaining a list of persons who serve as ALJ’s including a statement of the qualifications of each of these persons; and,

2. Maintaining an index of the final orders of such hearings and providing this information to the public upon request.

(i) Duties and responsibilities of an administrative law judge shall be:

1. To establish the date, time, and location of the hearing and any pre-hearing conference calls and motion hearings. Each hearing involving oral arguments must be conducted at a time and place that is reasonably convenient to the parents and their child;

2. To conduct the hearing in a fair and impartial manner;

3. To ensure that all discovery, motion practice, and pre-hearing procedures are conducted in an expedited manner, consistent with the deadlines established by this rule concerning the exchange of evidence and the issuance of the final decision.

4. To determine if the parent wants an electronic or written copy of the final decision and the administrative record of the hearing;

5. To determine whether the parent wants the hearing open to the public and whether the parent wants their child to attend the hearing;

6. To determine whether the parent’s advisor or representative is sufficiently knowledgeable about or trained regarding students who are gifted;

7. To determine how evidence may be exchanged prior to and during the hearing;

8. To determine how witnesses may be compelled to attend, be cross-examined, and confronted during discovery and at the hearing;

9. To determine how evaluations and recommendations may be disclosed prior to and during a hearing;

10. To summarize the facts and findings of the case and to arrive at an impartial decision based solely on information presented during the hearing;

11. To reach a final decision and mail to all parties copies of the facts, findings and decision regarding the hearing within forty-five (45) days of the district’s receipt of the parent’s request or the filing of the district’s request for a hearing, whichever is sooner;

12. To be accountable for compliance with all deadlines and procedures established by the statutes and rules for such hearings;

13. To maintain the confidentiality of all information; and,

14. To rule on requests for specific extensions of time beyond the periods set forth in subsection (7) of this rule, at the request of either party.

(j) Civil action. A decision made in a hearing conducted under subsection (7) of this rule shall be final, unless, within thirty (30) days, a party aggrieved by the decision brings a civil action in state circuit court without regard to the amount in controversy, as provided in Section 1003.57(1)(c), F.S. The state circuit court shall: receive the records of the administrative proceedings; hear, as appropriate, additional evidence at the request of a party; and, basing its decision on the preponderance of the evidence, shall grant the relief it determines appropriate. In the alternative, any party aggrieved by the ALJ’s decision shall have the right to request an impartial review by the appropriate district court of appeal as provided by Sections 120.68 and 1003.57(1)(c), F.S.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.01(9)(a), (b), 1003.57(1) FS. Law Implemented 1001.42(4)(l), 1003.01(9)(a), (b), 1003.57(1) FS. History–New 9-20-04, Amended 1-7-16.

Fla. Admin. Code R. 6A-6.03314 Procedural Safeguards for Students with Disabilities Enrolled in Private Schools by Their Parents

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.01(3)(a), (b), 1003.57(5) FS. Law Implemented 1001.42(4)(l) 1003.01(3)(a), (b), 1003.57(5) FS. History–New 9-20-04, Repealed 12-22-08.

Fla. Admin. Code R. 6A-6.03315 Private School Scholarship Compliance

Form IEPC SCF-1, Scholarship Program Compliance Form for Private School Participants in State Scholarship Programs (http://www.flrules.org/Gateway/reference.asp?No=Ref-16947), hereinafter Scholarship Compliance Form, is hereby incorporated by reference to become a part of this rule effective September 2024.

(1) Definitions related to this rule and the Scholarship Compliance Form:

(a) Scholarship Programs: State school choice scholarship programs authorized in Chapter 1002, F.S.

(b) Renewing school – A school that had scholarship students during the current or previous school year.

(c) New school – A school that did not have scholarship students during the current or previous school year. A school removed from the program pursuant to a Notice of Proposed Action from the Commissioner may not reapply during the same school year it was removed from the program. In addition, a school that had scholarship students during the current or previous school year but is opening an additional location may apply as a new school for that location only.

(d) Regular and direct contact – A program of instruction that provides for a minimum of one hundred seventy (170) actual school instruction days with the required instructional hours (determined by grade level per state board Rule 6A-1.09512, F.A.C.) under the direct instruction of the private school teacher at the school’s approved physical location. This may include occasional off-site activities including the Family Empowerment Scholarship Program transition-to-work plan under the supervision of the private school teacher. For students enrolled in a personalized education program, regular and direct contact is satisfied by direct instruction by the private school teacher at least two (2) days a week at the school’s approved physical location. The remaining required instructional hours must be addressed in a student learning plan.

(e) School’s physical location – The location where regular and direct contact with the private school teacher occurs which has met applicable state and local health, safety, and welfare laws, codes, and rules.

(2) Renewing schools must comply with the following process to renew eligbility for the upcoming school year.

(a) Complete and submit a signed and notarized annual survey, pursuant to Section 1002.42, F.S., by April 1.

(b) Annually complete and submit a signed and notarized Scholarship Compliance Form. The signed, notarized Scholarship Compliance Form must be postmarked by February 1 of each year for participation in the subsequent school year. Following the timely submission of the Scholarship Compliance Form, any outstanding compliance issues must be resolved by the private school on or before April 1 of each year or within forty-five (45) days of initial notification from the Department of any noncompliance issue, whichever is later, for the school to remain eligible to participate in the scholarship programs. This does not limit the Department’s ability to request compliance related documentation at other times.

(c) Ensure physical location has a current satisfactory health inspection and current satisfactory fire inspection and submit the inspections to the Department.

(d) Establish a school calendar outlining a program of instruction which allows students to meet regular and direct contact requirements.

(e) Every third consecutive year of participation, a renewing private school must also submit the following:

1. Documentation from the Florida Division of Corporations establishing ownership of the private school.

2. Documentation demonstrating the school has a satisfactory Radon inspection, if applicable.

3. School policies establishing standards of ethical conduct from instructional personnel, educational support employees, and school administrators.

4. Surety bond or letter of credit, if required by Section 1002.421, F.S.

5. Copy of the results of state and national criminal history check for each owner or operator of the school, as defined by Section 1002.421, F.S.

(3) New schools.

(a) New schools, as defined in this rule, must submit the following documentation to the Department to establish eligbility for particpation in the scholarship programs.

1. Current notarized annual survey, pursuant to Section 1002.42, F.S.

2. Signed and notarized Scholarship Compliance Form.

3. Copy of the results of state and national criminal history check for each owner or operator of the school, as defined by Section 1002.421, F.S.

4. Documentation from the Florida Division of Corporations establishing ownership of the private school.

5. Current satisfactory health inspection report.

6. Current satisfactory fire inspection report.

7. Documentation demonstrating the school has a satisfactory Radon inspection, if applicable.

8. Surety bond or letter of credit, if required by Section 1002.421, F.S.

9. School policies establishing standards of ethical conduct for instructional personnel, educational support employees, and school administrators.

10. School calendar, as applicable.

(b) Upon review and approval of the documentation identified in paragraph (3)(a) of this rule, the Department will schedule and conduct a site visit at the school’s physical location. A private school is ineligible to receive scholarship payments until a satisfactory site visit has been conducted by the Department.

(c) The following deadlines are established for schools entering a scholarship program. To be eligible to participate in a scholarship program a school must submit a signed and notarized Scholarship Compliance Form no later than October 1 and all outstanding compliance issues pertaining to documentation identified in paragraph (3)(a) of this rule, are to be resolved by December 1. A school that fails to meet either of these deadlines may not participate in the scholarship program until the subsequent school year.

(4) The Department may administratively close an application for participation in the state scholarship programs if a school fails to submit all the required documentation within sixty (60) days of submission of the Scholarship Compliance Form.

(5) Copies of the Scholarship Compliance Form may be obtained from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(6) Complaint process. The following process is established to allow individuals to notify the Department of any alleged violation by a parent, a student, a private school, a public school or a school district, an organization, a provider, or another appropriate party of state laws or rules related to scholarship program participation.

(a) Persons interested in filing a complaint should contact the Department through the toll-free hotline, (800)447-1636, established pursuant to Section 1002.421, F.S., or through the Department’s website, www.floridaschoolchoice.org, to receive a copy of the Complainant Statement form, Form IEPC-CS1. Form IEPC-CS1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-09622) is hereby incorporated by reference, effective August 2018.

(b) The complainant must complete the Complainant Statement form, sign it and submit to the Department.

(c) Upon receipt of a completed and signed Complainant Statement form, the Department shall review to determine if reasonable cause exists to believe that a violation of law or rule has occurred.

(d) If the Department determines that reasonable cause exists, it shall conduct an inquiry, as described in subsection (7) of this rule, or refer the matter to the appropriate agency for investigation. If the Department determines that the information provided by the complainant does not establish reasonable cause, the Department may close the complaint.

(7) Inquiry process.

(a) A letter of inquiry will be delivered using regular and certified mail to provide notification to the individual or entity that an inquiry has been opened and provide the opportunity to respond. The letter of inquiry shall detail alleged violations of program rules or law, the response required, any documentation requested, and the deadline for responding to the Department.

(b) Failure to respond to a letter of inquiry in a timely manner may result in the Department initiating any of the actions as authorized by Sections 1002.421(3), or 1002.394(8), F.S, as applicable.

(c) Upon review of the documentation requested pursuant to paragraph (7)(a) of this rule, the Department may take one of the following actions:

1. If the Department cannot establish that a violation of laws or rules related to scholarship program participation occurred, the Department shall notify the parent, student, private school, public school or school district, organization, provider, or other party and complainant that the inquiry will be closed.

2. If more information is needed, the Department may request additional information related to the inquiry from the complainant, parent, student, private school, public school or school district, organization, provider, or other party, or conduct a site visit as appropriate.

3. If the Department establishes that a violation of laws or rules related to scholarship program participation has occurred, the Department may initiate any of the actions permitted by Section 1002.421(3) or 1002.394(8), F.S., as applicable.

(d) The Department may at any point in the process set forth in this rule, refer an inquiry to the Department’s Office of Inspector General or another appropriate agency for full investigation.

(e) Notwithstanding any other provision of this rule, the Commissioner may at any point before or during the inquiry process exercise the authority given under Sections 1002.421(3), and 1002.394(8), F.S. and this rule.

(8) As used in s. 1002.421(1)(s), F.S., the terms “control” and “own” have the following meaning:

(a) “Control” means having the ability to direct or cause the direction of the management, policies, or practices of a person or entity.

(b) “Own” means the direct or indirect possession of a legally cognizable interest.

History

• Rulemaking Authority 1001.02, 1002.385, 1002.39, 1002.395, 1002.40, 1002.411, 1002.42, 1002.421 FS. Law Implemented 1002.39, 1002.395, 1002.40, 1002.421, 1002.42, 1002.421, 1003.22, 1003.23 FS. History–New 10-13-04, Amended 9-20-05, 1-18-07, 1-5-09, 10-25-10, 2-9-16, 8-21-18, 11-23-21, 6-27-23, 8-22-23, 9-24-24.

Fla. Admin. Code R. 6A-6.0332 Impartial Review by the Commissioner of a Local Hearing

History

• Rulemaking Authority 229.053(1), 230.23(4)(m) FS. Law Implemented 120.53(1)(c), 120.57(1), 228.041(19), (20), 229.053(2)(h), 230.23(4)(m) FS. History–New 8-8-78, Formerly 6A-6.332, Repealed 12-20-83.

Fla. Admin. Code R. 6A-6.0333 Surrogate Parents

A surrogate parent is an individual appointed to act in the place of a parent in educational decision-making and in safeguarding a student’s rights under the Individuals with Disabilities Education Act and Section 39.0016, F.S., when no parent can be identified; the student’s parent, after reasonable efforts, cannot be located by the school district; the student is a ward of the State under State law; the student is an unaccompanied homeless youth as defined in Section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 1143a(6)); or a court of competent jurisdiction over the student has determined that no person has the authority, willingness, or ability to serve as the educational decisionmaker for the student without judicial action. In addition to the requirements of Section 39.0016, F.S., the following requirements regarding the appointment of a surrogate parent for a student who has or is suspected of having a disability apply.

(1) Appointment of a surrogate parent. A surrogate parent for a student who is eligible for or who is suspected of being eligible for special programs made available through a school district or agency under contract with the school district shall be appointed by the district’s school superintendent not more than thirty (30) days after the school district determines that the student needs a surrogate parent. The surrogate parent for a student who is eligible for or who is suspected of being eligible for special programs made available through a contract from the Department of Education shall be appointed by the individual specified in the contract. In the case of a student who is a ward of the State, the surrogate parent alternatively may be appointed by the judge overseeing the student’s case, provided the surrogate meets the qualifications in subparagraph (3)(b)2. of Section 39.0016, F.S.

(2) Compensation of a surrogate parent. A school district may compensate persons appointed as surrogate parents. A person acting as a surrogate parent is not an employee of the school district or Department of Education contracted program solely because he or she is paid by the school district or Department of Education contracted program to serve as a surrogate parent.

(3) Unaccompanied homeless youth. In the case of a student who is an unaccompanied homeless youth, appropriate staff of emergency or transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents without regard to the requirements in Section 39.0016(3)(b)2., F.S., until a surrogate can be appointed who meets all of the requirements in Section 39.0016(3)(b)2., F.S.

History

• Rulemaking Authority 1001.02(1), 1003.571 FS. Law Implemented 1003.57, 1003.571 FS. History–New 6-28-83, Formerly 6A-6.333, Amended 12-22-08, 4-21-11.

Fla. Admin. Code R. 6A-6.0334 Individual Educational Plans (IEPs) and Educational Plans (EPs) for Transferring Exceptional Students

(1) Individual educational plans (IEPs) and educational plans (EPs) for students who transfer school districts within Florida. If an exceptional education student who had an IEP or EP that was in effect in a previous Florida school district transfers to a new Florida school district and enrolls in a new school, the new Florida school district (in consultation with the parents or legal guardians) must provide free and appropriate public education (FAPE) to the student, which includes services comparable to those described in the student’s IEP or EP from the previous Florida school district, until the new Florida school district either:

(a) Adopts the student’s IEP or EP from the previous school district, or

(b) Develops, adopts and implements a new IEP or EP that meets the applicable requirements of Rules 6A-6.03011-.0361, F.A.C.

(2) IEPs for students transferring to or from a Florida school district and a full-time virtual program under Section 1002.37 or 1002.45, F.S.

(a) In accordance with subsection (1) of this rule, if an exceptional education student who had an IEP or EP that was in effect in a previous Florida school or school district enrolls in a full-time virtual program under Section 1002.37 or 1002.45, F.S., the virtual program must determine if the student meets the profile for success in this educational delivery context. If the student meets the profile for success in this educational delivery context, the virtual program will provide FAPE to the student, which includes services comparable to those described in the student’s IEP or EP from the previous school or school district, until the IEP team for the virtual program either:

1. Adopts the student’s IEP or EP from the previous school or school district, or

2. Develops, adopts and implements a new IEP or EP that meets the applicable requirements of Rules 6A-6.03011-.0361, F.A.C. A virtual program may not deny or delay enrollment pending review of a student’s IEP or EP.

(b) When an IEP team of a school district determines that the full-time virtual program is appropriate for a student in accordance with Section 1003.57(5), F.S., within fifteen (15) business days prior to the withdrawal from the school district, the school district must convene an IEP team meeting with at least one (1) representative specific to the full-time virtual program to determine appropriate goals, supports and services for the student. The receiving virtual program may adopt and implement the student’s existing IEP from the previous school district or may revise the IEP as needed, to meet the student’s needs in the virtual environment.

(c) When an IEP team for a virtual program determines that the full-time virtual program is not appropriate for a student in accordance with Section 1003.57(5), F.S., the full-time virtual program must, within fifteen (15) business days, convene an IEP team meeting to determine appropriate goals, supports and services for the student. A representative from the school district of residence for the student must participate in this meeting. A student may not be disenrolled from a full-time virtual program until after the IEP team has met and determined appropriate services for the student.

(3) IEPs for students who transfer from outside Florida. If an exceptional education student who had an IEP that was in effect in a previous school district in another state transfers to a Florida school district and enrolls in a new school within the same school year, the new Florida school district (in consultation with the parents or legal guardians) must provide the student with FAPE (including services comparable to those described in the student’s IEP from the previous school district), until the new Florida school district:

(a) Conducts an initial evaluation pursuant to subsections 6A-6.0331(4) and (5), F.A.C., (if determined to be necessary by the new Florida school district); and,

(b) Develops, adopts and implements a new IEP that meets the applicable requirements of Rules 6A-6.03011-.0361, F.A.C.

(c) The new school district is not required to obtain parental consent for the initial provision of services for transferring exceptional students determined eligible for services in Florida under this rule.

(4) Gifted plans for students transferring. If a student who had a gifted plan that was in effect in a previous school district in another state transfers to a Florida school district and enrolls in a new school within the same school year, the new Florida school district (in consultation with the parents or legal guardians) must provide the student with services comparable to those described in the student’s gifted plan from the previous school district, until the new Florida school district develops, adopts and implements a Florida EP that meets the applicable requirements of Rule 6A-6.030191, F.A.C. Students who transfer with gifted eligibility from another state do not need to meet the requirements of Rule 6A-6.03019, F.A.C., for continued services.

(a) The new school district is not required to obtain parental consent for the initial provision of services for transferring gifted students determined eligible for services in Florida under this rule.

(b) For the purposes of this rule, a gifted plan could include documentation from the previous school district in another state that the student was determined eligible for gifted services in accordance with the applicable requirements of that district or state and was receiving gifted services.

(5) Transmittal of records. To facilitate the transition for a student described in subsections (1)-(4) of this rule:

(a) The new school district in which the student enrolls must promptly obtain the student’s records, including the IEP or EP and supporting documents and any other records relating to the provision of special education or related services to the student, from the previous school district in which the student was enrolled, pursuant to 34 CFR 99.31(a)(2); and,

(b) The previous school district in which the student was enrolled must promptly respond to the request from the new school district.

History

• Rulemaking Authority 1001.02(1), 1003.01(9), 1003.57 FS. Law Implemented 1001.03(8), 1003.01(9), 1003.57 FS. History–New 7-13-83, Formerly 6A-6.334, Amended 3-9-92, 12-22-08, 2-20-17.

Fla. Admin. Code R. 6A-6.034 Organization and Operation of Exceptional Child Program

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.04(4) FS. History–New 2-20-64, Amended 4-11-70, Formerly 6A-6.34, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0341 District Procedures for Special Programs for Exceptional Students

History

• Rulemaking Authority 229.053(1), 230.23(4)(m), 236.08(1)(c) FS. Law Implemented 120.53(1)(b), (c), 228.041(19), (20), 229.565(2)(b), (c), 230.23(4)(m), 236.081(1)(c) FS. History–New 6-17-74, Amended 12-5-74, 5-4-76, 7-1-77, 3-28-78, 8-8-78, 10-7-81, Formerly 6A-6.341, Repealed 2-16-94.

Fla. Admin. Code R. 6A-6.03411 Definitions, ESE Policies and Procedures, and ESE Administrators

(1) Definitions. As used in Rules 6A-6.03011-.0361, F.A.C., regarding the education of exceptional students, the following definitions apply:

(a) Accommodations. Accommodations are changes that are made in how the student accesses information and demonstrates performance.

(b) Assistive technology device. Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a student with a disability. The term does not include a medical device that is surgically implanted, or the replacement of that device.

(c) Assistive technology service. Assistive technology service means any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:

1. The evaluation of the needs of a student with a disability, including a functional evaluation of the student in the student’s customary environment;

2. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities;

3. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

4. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

5. Training or technical assistance for a student with a disability or, if appropriate, that student’s family; and,

6. Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that student.

(d) Behavioral intervention plan (BIP). Behavioral intervention plan means a plan for a student which uses positive behavior interventions, supports and other strategies to address challenging behaviors and enables the student to learn socially appropriate and responsible behavior in school and/or educational settings.

(e) Charter school. Charter school means a school that is a public school created under Florida’s charter school law, Section 1002.33, F.S.

(f) Child/student with a disability.

1. Student with a disability means a student, including a child aged three (3) through five (5), who has been evaluated in accordance with Rules 6A-6.03011 through 6A-6.0361, F.A.C., and determined to have a disability as defined under Rules 6A-6.03011-.03027, F.A.C., but does not include students who are gifted as defined under Rules 6A-6.03019-6.030191, F.A.C.; and,

2. Who, by reason thereof, needs special education and related services. If it is determined, through an appropriate evaluation, that a student has a disability but only needs a related service and not special education, the student is not a student with a disability under Rules 6A-6.03011-.0361, F.A.C. If, however, the related service required by the student is considered special education rather than a related service under Rules 6A-6.03011-.0361, F.A.C., the student would be a student with a disability under this subsection.

(g) Consent. Consent means that:

1. The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;

2. The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and,

3. The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime. If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

(h) Day; business day; school day. Day means calendar day unless otherwise indicated as business day or school day. Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day). School day means any day, including a partial day, that students are in attendance at school for instructional purposes. School day has the same meaning for all students in school, including students with and without disabilities.

(i) Early intervention. Early intervention means developmental services that are designed to meet the developmental needs of an infant or toddler with a disability in any one (1) or more of the following areas:

1. Physical development;

2. Cognitive development;

3. Communication development;

4. Social or emotional development; or

5. Adaptive development.

(j) Educational plan (EP). EP is a plan that is developed for students identified solely as gifted and is developed pursuant to Rule 6A-6.030191, F.A.C.

(k) Elementary school. Elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education as determined under Florida law.

(l) Evaluation. Evaluation means procedures used in accordance with Rules 6A-6.03011-.0361, F.A.C., to determine whether a student has a disability or is gifted and the nature and extent of the ESE that the student needs.

(m) Exceptional student. Exceptional student means any student who has been determined eligible for a special program in accordance with these rules. The term includes students who are gifted and students with disabilities as defined in these rules.

(n) Exceptional student education (ESE). ESE means specially designed instruction and related services that are provided to meet the unique needs of exceptional students who meet the eligibility criteria described in Rules 6A-6.03011-.0361, F.A.C.

(o) Extended school year services. Extended school year services means special education and related services that are provided to a student with a disability beyond the normal school year of the school district; in accordance with the student's IEP; at no cost to the parents of the student; and meet the standards of the Florida Department of Education.

(p) Free appropriate public education (FAPE). FAPE means special education or specially designed instruction and related services for students ages three (3) through twenty-one (21) and for students who are gifted and in kindergarten through grade twelve that:

1. Are provided at public expense, under public supervision and direction, and without charge to the parent;

2. Meet the standards of the Florida Department of Education, including the requirements of Rules 6A-6.03011-.0361, F.A.C.;

3. Include an appropriate preschool, elementary school, or secondary school education in the State; and,

4. Are provided in conformity with an individual educational plan (IEP) that meets the requirements of Rule 6A-6.03028, F.A.C., an educational plan (EP) for students who are gifted that meet the requirements of Rule 6A-6.030191, F.A.C., or an individual family support plan (IFSP) (if used as an IEP) for children ages three (3) through (5) in accordance with Rule 6A-6.03029, F.A.C.

(q) Functional behavioral assessment (FBA). A FBA is a systematic process for defining a student’s specific behavior and determining the reason why (function or purpose) the behavior is occurring. The FBA process includes examination of the contextual variables (antecedents and consequences) of the behavior, environmental components, and other information related to the behavior. The purpose of conducting an FBA is to determine whether a behavioral intervention plan should be developed.

(r) General curriculum. The general curriculum is a curriculum or course of study that is available to all students and is based upon state educational standards that address the state and school district requirements for a standard diploma.

(s) Homeless student or youth. Homeless student or youth means an individual who lacks a fixed, regular, and adequate nighttime residence and includes:

1. Students and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;

2. Students and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

3. Students and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and,

4. Migratory students who qualify as homeless for the purposes of Rules 6A-6.03011-.0361, F.A.C., because they are living in circumstances described in paragraphs (a) through (c) of this subsection.

(t) Include/including. Include or including means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.

(u) Individual educational plan (IEP). IEP means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with Rules 6A-6.03011-.0361, F.A.C.

(v) Individual educational plan (IEP) team. IEP team means a group of individuals as described in Rules 6A-6.03011-.0361, F.A.C., that is responsible for developing, reviewing, or revising an IEP for a student with a disability.

(w) Individualized family support plan (IFSP). IFSP is a written plan identifying the specific concerns and priorities of a family related to enhancing their child’s development and the resources to provide early intervention services to an infant or toddler with a disability.

(x) Infant or toddler with a disability. Infant or toddler with a disability means a child under three (3) years of age who needs early intervention services because the child is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development; or has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.

(y) Limited English proficient. Limited English proficient, when used in reference to an individual, means an individual who was not born in the United States and whose native language is a language other than English; an individual who comes from a home environment where a language other than English is spoken in the home; or an individual who is an American Indian or Alaskan native and who comes from an environment where a language other than English has had a significant impact on his or her level of English language proficiency; and who, by reason thereof, has sufficient difficulty speaking, reading, writing, or listening to the English language that would deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English.

(z) Modifications. Modifications are changes in what a student is expected to learn and may include changes to content, requirements, and expected level of mastery.

(aa) Native language. Native language, when used with respect to an individual who is limited English proficient, means the language normally used by that individual, or, in the case of a student, the language normally used by the parents of the student, and in all direct contact with a student (including evaluation of the student), the language normally used by the student in the home or learning environment. For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication).

(bb) Parent.

1. Parent means:

a. A biological or adoptive parent of a student;

b. A foster parent;

c. A guardian generally authorized to act as the student’s parent, or authorized to make educational decisions for the student (but not the state if the student is a ward of the State);

d. An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the student lives, or an individual who is legally responsible for the student’s welfare; or

e. A surrogate parent who has been appointed in accordance with Rules 6A-6.03011-.0361, F.A.C.

2. The biological or adoptive parent, when attempting to act as the parent under this section and when more than one (1) party is qualified under paragraph (a) of this subsection, to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the student. However, if a judicial decree or order identifies a specific person or persons under sub-subparagraphs (bb)1.a. through 1.d. of this subsection, to act as the “parent” of a student or to make educational decisions on behalf of a student, then such person or persons shall be determined to be the “parent” for purposes of this subsection.

(cc) Personally identifiable. Personally identifiable means information that contains:

1. The name of the student, the student’s parent, or other family member;

2. The address of the student;

3. A personal identifier, such as the student’s social security number or student number; or

4. A list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty.

(dd) Related services.

1. General. Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a student with a disability to benefit from special education, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in students, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.

2. Exception; services that apply to students with surgically implanted devices, including cochlear implants. Related services do not include a medical device that is surgically implanted, the optimization of that device’s functioning (e.g., mapping), maintenance of that device, or the replacement of that device. However, nothing in this section limits the right of a student with a surgically implanted device (e.g., cochlear implant) to receive related services (as listed in paragraph (a) of this subsection) that are determined by the IEP Team to be necessary for the student to receive FAPE; limits the responsibility of a school district to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the student, including breathing, nutrition, or operation of other bodily functions, while the student is transported to and from school or is at school; or prevents the routine checking of an external component of a surgically-implanted device to make sure it is functioning properly.

3. Individual related services terms defined. The terms used in this definition are defined as follows:

a. Audiology includes identification of students with hearing loss; determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation; creation and administration of programs for prevention of hearing loss; counseling and guidance of students, parents, and teachers regarding hearing loss; and determination of children’s needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.

b. Counseling services means services provided by qualified social workers, psychologists, certified school counselors, or other qualified personnel.

c. Early identification and assessment of disabilities in students means the implementation of a formal plan for identifying a disability as early as possible in a student's life.

d. Interpreting services include the following, when used with respect to students who are deaf or hard of hearing: Oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, such as communication access real-time translation (CART), C-Print, and TypeWell; and special interpreting services for students who are deaf-blind.

e. Medical services means services provided by a licensed physician to determine a student's medically related disability that results in the student’s need for special education and related services.

f. Occupational therapy means services provided by a licensed occupational therapist or a licensed occupational therapy assistant pursuant to the provisions of Chapter 468, F.S., that include improving, developing or restoring functions impaired or lost through illness, injury, or deprivation; improving ability to perform tasks for independent functioning if functions are impaired or lost; and preventing, through early intervention, initial or further impairment or loss of function.

g. Orientation and mobility services means services provided to blind or visually impaired students by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community and includes teaching students the following, as appropriate:

(I) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);

(II) To use the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;

(III) To understand and use remaining vision and distance low vision aids; and,

(IV) Other concepts, techniques, and tools.

h. Parent counseling and training means assisting parents in understanding the special needs of their student; providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their student’s IEP or IFSP.

i. Physical therapy means services provided by a qualified physical therapist. Physical therapy must be provided in accordance with Chapter 486, F.S.

j. Psychological services includes administering psychological and educational tests, and other assessment procedures; interpreting assessment results; obtaining, integrating, and interpreting information about student behavior and conditions relating to learning; consulting with other staff members in planning school programs to meet the special educational needs of students as indicated by psychological tests, interviews, direct observation, and behavioral evaluations; planning and managing a program of psychological services, including psychological counseling for students and parents; and assisting in developing positive behavioral intervention strategies.

k. Recreation includes assessment of leisure function; therapeutic recreation services; recreation programs in schools and community agencies; and leisure education.

l. Rehabilitation counseling services means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.

m. School health services and school nurse services means health services that are designed to enable a student with a disability to receive FAPE as described in the student’s IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person.

n. Social work services in schools includes preparing a social or developmental history on a student with a disability; group and individual counseling with the student and family; working in partnership with parents and others on those problems in a student’s living situation (home, school and community) that affect the student’s adjustment in school; mobilizing school and community resources to enable the student to learn as effectively as possible in his or her educational program; and assisting in developing positive behavioral intervention strategies.

o. Speech-language pathology services includes identification of students with speech or language impairments; diagnosis and appraisal of specific speech or language impairments; referral for medical or other professional attention necessary for the habilitation of speech or language impairments; provision of speech and language services for the habilitation or prevention of communicative impairments; and counseling and guidance of parents, students, and teachers regarding speech and language impairments.

p. Transportation includes travel to and from school and between schools; travel in and around school buildings; and specialized equipment (such as special or adapted buses, lifts and ramps), if required to provide special transportation for a student with a disability.

(ee) School district/local education agency. As used in Rules 6A-6.03011-.0361, F.A.C., school district means a public board of education or other public authority legally constituted within the State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of the State, or for a combination of school districts or counties as are recognized in the State as an administrative agency for its public elementary schools or secondary schools. The term also includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school.

(ff) Scientifically based research. Scientifically based research means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs, and includes research that:

1. Employs systematic, empirical methods that draw on observation or experiment;

2. Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

3. Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;

4. Is evaluated using experimental or quasi-experimental designs;

5. Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication; and,

6. Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.

(gg) Secondary school. Secondary school means a nonprofit institutional day or residential school, including a public charter school that provides secondary education, as determined under Florida law, except that it does not include any education beyond grade twelve (12).

(hh) Services plan. Services plan means a written statement that has been developed and implemented in accordance with Rule 6A-6.030281, F.A.C., describes the special education and related services that a school district will provide to a parentally-placed student with a disability enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary.

(ii) Secretary. Secretary means the U.S. Secretary of Education.

(jj) Specially designed instruction. Specially designed instruction means adapting, as appropriate to the needs of an eligible exceptional student, the content, methodology, or delivery of instruction to address the unique needs of the student that result from the student’s disability or giftedness and to ensure access of the student to the general curriculum, so that he or she can meet the educational standards within the jurisdiction of the school district that apply to all students.

(kk) Special education for students with disabilities.

1. Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability, including:

a. Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and,

b. Instruction in physical education.

2. Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a) of this subsection:

a. Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;

b. Travel training; and,

c. Career and technical education.

3. Individual special education terms defined. The terms in this definition are defined as follows:

a. At no cost means that all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.

b. Physical education means the development of physical and motor fitness; fundamental motor skills and patterns; and skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports). The term also includes special physical education, adapted physical education, movement education, and motor development.

c. Travel training means providing instruction, as appropriate, to students with significant cognitive disabilities, and any other students with disabilities who require this instruction, to enable them to develop an awareness of the environment in which they live and learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).

d. Career and technical education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.

(ll) State educational agency (SEA). SEA means the Florida Department of Education.

(mm) Supplementary aids and services. Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, or other education-related settings, and in extracurricular and nonacademic settings, to enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate in accordance with Rules 6A-6.03011-.0361, F.A.C.

(nn) Transition services. Transition services means a coordinated set of activities for a student with a disability that:

1. Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student with a disability to facilitate the student’s movement from school to post-school activities, including postsecondary education, career and technical education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; and,

2. Is based on the individual student’s needs, taking into account the student’s strengths, preferences and interests; and,

3. Includes:

a. Instruction;

b. Related services;

c. Community experiences;

d. The development of employment and other post-school adult living objectives; and,

e. If appropriate, acquisition of daily living skills and the provision of a functional vocational evaluation; and,

4. Transition services for students with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a student with a disability to benefit from special education.

(oo) Ward of the State. Ward of the State means a student who is a foster child, a ward of the State or in the custody of a public child welfare agency. However, ward of the State does not include a foster child who has a foster parent who meets the definition of a parent in this rule.

(2) ESE Policies and Procedures Document. For a school district to be eligible to receive state or federal funding for special education and related services for exceptional students, it shall: develop a written statement of policies and procedures for providing appropriate ESE in accordance with and as required by Rules 6A-6.03011-.0361, F.A.C., and as required by Section 1003.57(1)(b), F.S.; submit its written statement to the Bureau of Exceptional Education and Student Services, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400; and report the total number of exceptional students in the manner prescribed by the Department. Applicable state statutes, State Board of Education rules, and federal laws and regulations relating to the provision of ESE to exceptional students shall serve as criteria for the review and approval of the procedures documents. This procedures document is intended to provide district and school-based personnel, parents of exceptional students, and other interested persons information regarding the implementation of the State’s and school district’s policies regarding ESE programs. The procedures document shall be submitted in accordance with timelines required by the Department.

(3) ESE Administrator.

(a) Each school district shall designate a staff member to serve as administrator of exceptional student education who shall be responsible for the following:

1. Coordinating all school district services for exceptional students;

2. Ensuring that parents have been appropriately informed of their student’s eligibility determination and their procedural safeguards in accordance with Rules 6A-6.03011-.0361, F.A.C.

3. Informing, in writing, all appropriate school personnel, including the principal, of the student’s eligibility for special education and related services; and,

4. Ensuring the implementation of services to exceptional students.

(b) The ESE Administrator is authorized to delegate the responsibilities of this rule.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.01(9), 1003.57, 1003.571 FS. Law Implemented 1001.03(8), 1003.01(9), 1003.57, 1003.571, 1011.62(1) FS. History–New 11-18-84, Amended 10-1-85, Formerly 6A-6.3411, Amended 12-14-93, 10-17-04, 12-22-08, 12-23-14.

Fla. Admin. Code R. 6A-6.0342 Assignment of Full-time Equivalent Student Membership for Special Programs for Exceptional Students

History

• Rulemaking Authority 229.053(1), 229.565(2)(b), (c), 230.23(4)(m), 236.081(1)(d) FS. Law Implemented 228.041(19), (20), 229.565(2)(b), (c), 230.23(4)(m), 236.081(1)(d), (7)(c) FS. History–New 3-24-75, Amended 7-1-77, Formerly 6A-6.342, Repealed 4-18-96.

Fla. Admin. Code R. 6A-6.035 Types of Programs Which May Be Approved for Exceptional Child Units

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 228.041(21), (22), 236.04(4) FS. History–New 2-20-64, Amended 4-11-70, Formerly 6A-6.35, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0351 Multi-District Programs

History

• Rulemaking Authority 229.053(1), 230.23(4)(j)4., (m)2. FS. Law Implemented 230.23(4)(j), (m)2. FS. History–New 6-17-74, Amended 12-5-74, Formerly 6A-6.351, Repealed 7-13-83.

Fla. Admin. Code R. 6A-6.036 Proper Certification of Teachers Required

History

• Rulemaking Authority 231.181 FS. Law Implemented 231.181, 236.04(4) FS. History–New 2-20-64, Formerly 6A-6.36, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0361 Contractual Agreements With Nonpublic Schools and Residential Facilities

(1) Requirement for contractual agreement.

(a) Each school district shall provide special education and related services to an exceptional student with a disability through a contractual agreement with an approved nonpublic school or community facility under the following circumstances:

1. When the school district has determined that no special educational program offered by it, a cooperating school district, or a state agency can adequately provide the educational program for the student; or

2. For the provision of the educational component of a residential placement for an exceptional student with a disability when such a placement is made by another public agency for the primary purpose of addressing residential or other non-educational needs in accordance with Sections 1003.57(3) and (4), F.S. The student’s individual educational plan (IEP) developed in accordance with Rule 6A-6.03028, F.A.C., may reflect that the residential placement is not required in order for the student to benefit from special education which could otherwise be provided by the school district during the day.

(b) Each school district may provide special education and related services to an exceptional student with a disability through a contractual agreement with an approved nonpublic school or community facility for the provision of a non-residential interagency program that includes the provision of educational programming in accordance with the student’s IEP.

(c) In collaboration with the Part C Early Steps Program, each school district may provide early intervention services for an infant or toddler with a disability through a contractual agreement with approved nonpublic or community facilities when the school district has determined that a nonpublic or community facility can provide appropriate services for the infant or toddler. The early intervention services shall be provided in accordance with an individualized family support plan (IFSP) developed in accordance with Rule 6A-6.03029, F.A.C.

(d) The requirements of this subsection do not apply when a school district provides educational assessments and a program of instruction and special education services to students in the custody of Department of Juvenile Justice programs who are served in residential and nonresidential care facilities and juvenile assessment facilities located in the school district in accordance with Section 1003.52(3), F.S.

(2) Placement in a residential facility of a student with a disability by a public agency other than the school district.

(a) In accordance with Section 1003.57(3), F.S., an exceptional student with a disability may be placed in a private residential care facility by the Department of Children and Families, Agency for Persons with Disabilities, or Agency for Health Care Administration. For the purposes of this subsection, “placement” means the funding or arrangement of funding by an agency for all or a part of the cost for an exceptional student to with a disability to reside in a private residential care facility and the placement crosses school district lines.

(b) In accordance with Section 1003.57(3)(d), F.S., the private residential care facility or a residential facility that is operated, licensed, or regulated by a public agency shall ensure that, within ten (10) business days of a student with a disability being placed in the facility, written notification of the placement is provided to the school district where the student is currently enrolled and counted for funding purposes under Section 1011.62, F.S., (sending school district) and the school district where the residential facility is located (receiving school district). If the student is not currently counted for funding purposes in the school district in which the legal residence of the student is located, the school district in which the legal residence of the student is located also shall be notified by the residential facility in writing within the required timeline. The placing agency shall collaborate with the residential facility to determine how that notification will be provided within the required timeline.

(c) In accordance with subsection 6A-6.0334(3), F.A.C., the sending school district shall take reasonable steps to promptly respond to the residential facility’s request for transmittal of the student’s educational records. If the student’s placement in the residential care facility occurs while the notification and procedures regarding payment are pending, the student shall remain enrolled in the sending school district and the sending school district shall collaborate with the residential care facility to ensure that the student receives a free and appropriate public education, special education, and related services, including services comparable to those in the described in the current IEP, until the notification and procedures regarding payment are completed.

(3) Each school district is responsible for assuring the proposed program at the nonpublic school or community facility is appropriate to meet the educational needs of the exceptional student with a disability, or early intervention needs of the infant or toddler with a disability, placed through a contractual agreement. This subsection shall not be construed to limit the responsibility of agencies in the state other than the district school boards from providing or paying some or all of the cost of a free appropriate public education or early intervention services to be provided children with disabilities ages birth through twenty-one (21) years old.

(4) Before a contractual agreement with a nonpublic school or community facility is executed by the school district, the school district shall determine that the school or community facility meets the following criteria:

(a) The nonpublic school or community facility program is staffed by qualified personnel as defined in Rule 6A-1.0503, F.A.C., or appropriate licensing entities. Personnel in an out-of-state nonpublic school or community facility shall be certified or licensed in accordance with the standards established by the state in which the nonpublic school or community facility is located.

(b) For the appointment of persons as noncertificated instructional personnel, the governing body of the nonpublic school or community facility shall adopt the policies required in Rule 6A-1.0502, F.A.C.

(c) The nonpublic school’s or community facility’s instructional school day and year shall be consistent with Section 1011.61, F.S., taking into account the number of school hours or school days provided by the school district.

(d) The nonpublic school or community facility maintains current sanitation and health certificates and fire inspections for each appropriate building and will be open for inspection by appropriate authorities.

(e) The nonpublic school or community facility fully complies with the school district’s procedures to protect the confidentiality of student records and information and assures it will provide the parent, or the student whose rights have transferred upon reaching the age of majority (age 18), the right of access, copies, amendments and hearings as specified in Rule 6A-1.0955, F.A.C.

(f) The nonpublic school or community facility will designate a staff member to be responsible for the administration of the provisions of the contract and for the supervision of the educational program provided to each student, or early intervention services provided to each child age birth through two (2), under the contract.

(g) The nonpublic school or community facility has written procedures for admission, dismissal, and separation of students, if appropriate.

(h) The nonpublic school or community facility has a written description of the support services that are available and will be provided to each student placed under a contract in accordance with each student’s IEP or each child’s IFSP.

(i) The nonpublic school or community facility has written policies concerning: care of the student in emergencies; clinical and administrative records; personnel policies; staff duties; fee schedules; food services; and insurance coverage.

(j) The school district has determined that the nonpublic school or community facility is in compliance with the United States Department of Education Office for Civil Rights requirements with respect to nondiscrimination on matters related to race, color, national origin under Title VI of the Civil Rights Act of 1964; disability under Title II of the Americans with Disabilities Act of 1990 and its implementing regulations, 28 C.F.R. Part 35, and Section 504 of the Rehabilitation Act of 1973 and its implementing regulations, 34 C.F.R. Part 104; sex under Title IX of the Education Amendments of 1972; age under the Age Discrimination Act of 1975, or fair access to facilities under the Boy Scouts of America Equal Access Act (Section 9525 of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001).

(k) The nonpublic school or community facility has filed reports with the Department of Education as prescribed in Section 1002.42, F.S., if applicable.

(5) Contents of contract. A contract between a district school board and a nonpublic school or community facility to provide educational programs for an exceptional student with a disability, or early intervention services to a child with disability age birth through two (2), shall not extend beyond the school district’s fiscal year and shall include at least the following:

(a) Written assurance that the nonpublic school or community facility is staffed by qualified personnel as defined by Rule 6A-1.0503, F.A.C., or an appropriate and identified licensing entity.

(b) A description of the scope of service provided by the nonpublic school or community facility and how it relates to the IEP of the exceptional student with a disability or the IFSP of the infant or toddler with a disability.

(c) Provision for reporting to appropriate school district personnel and the parent on the student’s progress in meeting the annual goals in accordance with the IEP or the child’s and family’s progress in meeting the major outcomes in accordance with the IFSP.

(d) Provision for appropriate school district personnel to review the program provided by the nonpublic school or community facility and to confer with the staff of the nonpublic school or community facility at reasonable times.

(e) Provision for reporting to appropriate school district personnel any non-attendance of the exceptional student with a disability or the infant or toddler with a disability.

(f) Provision for notifying appropriate school district personnel and the parent of the use of seclusion or restraint of the student, in accordance with Section 1003.573, F.S.

(g) The method of determining charges and sharing costs with other agencies for the placements under the contract, including the projected total cost to the school district.

(h) Identification of financial responsibility.

(i) Method of resolving interagency disputes. Such methods may be initiated by district school boards to secure reimbursement from other agencies.

(j) A schedule for review of the program being provided the exceptional student with a disability or the infant or toddler with a disability, through the contract.

(k) Provision for terminating the contract.

(l) Written assurance that the nonpublic school or community facility is in compliance with applicable provisions of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1974, and section 504 of the Rehabilitation Act of 1973.

(6) When contracting with a nonpublic school or community facility in accordance with paragraph (1)(a) of this rule, the school district shall be responsible for at least the following:

(a) Selecting an appropriate nonpublic school or community facility in consultation with the parent and other appropriate agency personnel.

(b) Providing for transportation for students age three (3) through twenty-one (21).

(c) Maintaining a case file including progress reports and periodic evaluations of the exceptional student with a disability, or infant or toddler with a disability.

(d) Verifying that the exceptional student with a disability, or the infant or toddler who has been determined eligible by the Part C Early Steps Program, is a resident of the school district and is enrolled in, or has made application for admittance to, a school district program.

(e) Providing for the cost of the student’s educational program or early intervention services as specified in the contract.

(f) Maintaining documentation of the qualifications of personnel in nonpublic schools or community facilities as required in this rule or by the appropriate licensing entity, including the out-of-field notification requirements of Section 1012.42, F.S.

(g) Providing an appropriate educational program for the student in the least restrictive environment based on an annual or more frequent review of the student’s IEP, or early intervention services in a natural environment based on six-month or more frequent review of the child’s IFSP.

(h) Maintaining copies of the IEPs or IFSPs in the school district and providing copies of the IEPs of students who are in residential placements to the Department of Education, Bureau of Exceptional Education and Student Services.

(i) Reporting, data collection, and monitoring the use of seclusion or restraint of the student, in accordance with Section 1003.573, F.S.

(7) When an exceptional student with a disability, or infant or toddler with a disability, is enrolled in a nonpublic school or community facility program under a contractual arrangement for providing a special educational program or early intervention services as provided herein, the student, or infant or toddler, shall generate Florida Education Finance Program funds for the school district in the appropriate cost categories as established in Section 1011.62, F.S., under the following conditions:

(a) The nonpublic school or community facility program meets the criteria established in subsection (4) of this rule.

(b) The student is regularly attending the program, and the length of the school day and minimum number of days are in compliance with Rule 6A-1.045111, F.A.C.

(c) The student is appropriately identified as an exceptional student with a disability by the school district, or the infant or toddler has been determined eligible as an infant or toddler with a disability by the Part C Early Steps Program, as required by Sections 1003.01(9)(a) and 1003.57(1)(b), F.S. and Rules 6A-6.03011-.03411, F.A.C., but does not include students who are gifted as defined under Rules 6A-6.03019 and 6A-6.030191, F.A.C.

(d) An IEP or IFSP for the student has been developed as required by subsection 6A-6.0331(6), F.A.C.

(e) Full-time equivalent student membership for each exceptional student with a disability, or infant or toddler with a disability, under a contractual arrangement is included in the school district’s report of membership.

(f) Annually and prior to the first report of full-time equivalent membership for a student in a residential placement in a nonpublic school or community facility program, a copy of the contracts signed by all participating parties shall be filed with the Department of Education, Division of Public Schools, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Tallahassee, Florida 32399.

(8) When a school district contracts for the educational component of a residential placement for a group of students, one (1) contract with student names or individual contracts shall be filed.

(9) When an exceptional student with a disability is offered an appropriate educational program by the school district and the parent waives this opportunity in favor of a program selected by the parent, the parent shall assume full financial responsibility for the student’s education.

History

• Rulemaking Authority 1001.02 FS. Law Implemented 1003.57(3), 1003.571, 1003.58, 1011.62 FS. History–New 6-17-74, Amended 12-5-74, 3-28-78, 8-8-78, 7-13-83, Formerly 6A-6.361, Amended 2-18-93, 5-15-11.

Fla. Admin. Code R. 6A-6.037 Exceptional Child Regional Institutes

History

• Rulemaking Authority 282.9(11) FS. Law Implemented 282.93(11) FS. History–New 6-17-74, Amended 8-9-68, Formerly 6A-6.37, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0371 Transitional Categorical Programs for the Severely and Profoundly Mentally Retarded

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.834 FS. History–New 9-5-74, Amended 12-5-74, Formerly 6A-6.371, Repealed 7-13-83.

Fla. Admin. Code R. 6A-6.038 Approval of Projects and Allocation of Funds for Capital Outlay Expenditures for Specialized Equipment

History

• Rulemaking Authority 282.93(11)(b)3. FS. Law Implemented 282.93(11)(b)3. FS. History–New 10-7-68, Formerly 6A-6.38, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0381 Utilization of Funds

History

• Rulemaking Authority 282.93(11)(b)3. FS. Law Implemented 282.93(11)(b)3. FS. History–New 10-7-68, Formerly 6A-6.381, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0382 Criteria for Equipment Items

History

• Rulemaking Authority 282.93(11)(b)3. FS. Law Implemented 282.93(11)(b)3. FS. History–New 10-7-68, Formerly 6A-6.382, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0383 Items of Equipment Allowable

History

• Rulemaking Authority 282.93(11)(b)3. FS. Law Implemented 282.93(11)(b)3. FS. History–New 10-7-68, Formerly 6A-6.383, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0384 Fund Accountability

History

• Rulemaking Authority 282.93(11)(b)3. FS. Law Implemented 282.93(11)(b)3. FS. History–New 10-7-68, Formerly 6A-6.384, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.0385 Arroval

History

• Rulemaking Authority 282.93(11)(b)3. FS. Law Implemented 282.93(11)(b)3. FS. History–New 10-7-68, Formerly 6A-6.385, Repealed 6-17-74.

Fla. Admin. Code R. 6A-6.040 Voluntary Prekindergarten (VPK) Director Credential for Private Providers

History

• Rulemaking Authority 1002.79 FS. Law Implemented 1002.55(3)(g), 1002.57 FS. History–New 12-31-06, Amended 5-19-08, Transferred to 6M-6.610.

Fla. Admin. Code R. 6A-6.045 Approval of Plan for Kindergarten Program

History

• Rulemaking Authority 236.04(3) FS. Law Implemented 236.04(3) FS. History–New 10-7-68, Formerly-6A-6.45, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.046 Allocation of Kindergarten Units

History

• Rulemaking Authority 236.04(3) FS. Law Implemented 236.04(3) FS. History–New 6-9-68, Formerly-6A-6.46, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.047 Qualifications of Kindergarten Teachers

History

• Rulemaking Authority 229.053(1), 236.04(3) FS. Law Implemented 231.16, 236.04(3) FS. History–New 4-11-70, Formerly-6A-6.47, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.048 Responsibilities of Kindergarten Teachers

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 228.041(15), 231.09 FS. History–New 10-7-68, Formerly-6A-6.48, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.049 Physical Facilities for Kindergartens

History

• Rulemaking Authority 236.04(3) FS. Law Implemented 236.04(3) FS. History–New 10-7-68, Formerly-6A-6.49, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.050 Transportation of Kindergarten Pupils

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.05 FS. History–New 10-7-68, Formerly-6A-6.50, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.052 Dropout Prevention Programs

(1) Dropout prevention programs differ from traditional programs in scheduling, instructional strategies, philosophy, curricula, learning activities and assessment. These positive comprehensive programs shall provide courses leading to the achievement of a standard State of Florida High School or State of Florida High School Performance-Based diploma, and shall ensure that coordination of services and activities with other programs and agencies exists. The State of Florida High School Performance-Based Diploma is only provided to students who are enrolled in the Performance-Based Exit Option Model and have successfully completed all requirements for the program. Each school that establishes or continues a dropout prevention program at that school site shall reflect that program in the school improvement plan as required under Section 1001.42(18), F.S.

(2) Listed below are the rules which comprise these guidelines:

(a) Rule 6A-6.0521, F.A.C., Definitions and Requirements Which Apply to All Dropout Prevention Programs.

(b) Rule 6A-6.0524, F.A.C., Educational Alternatives Programs.

(c) Rule 6A-6.0525, F.A.C., Teenage Parent Programs.

History

• Rulemaking Authority 1001.02, 1003.53 FS. Law Implemented 1003.53 FS. History–New 11-6-90, Amended 1-2-95, 7-26-16.

Fla. Admin. Code R. 6A-6.0521 Dropout Prevention and Academic Intervention Programs

(1) Definitions.

(a) “Credit Recovery courses” mean elective, credit-bearing courses in English, mathematics, science and social studies, listed in the current year’s Course Code Directory incorporated in Rule 6A-1.09441, F.A.C., with specific content requirements defined by state academic standards. Credit Recovery courses can be used in conjunction with local school district course grade forgiveness policies, as authorized by Section 1003.4282(4), F.S., or as remediation for students needing to prepare for an End-of-Course assessment retake.

(b) “Disruptive behavior” means the behavior described in Section 1003.53(1)(c)3.a. and b., F.S.

(c)“Dropout Prevention and Academic Intervention Programs” means a variety of programs designed to lead to improved academic achievement, attendance and discipline for a student who has been identified as academically unsuccessful, having a pattern of excessive absenteeism or truancy, a history of disruptive behavior or identified by a schools early warning system.

(d) “Program category” means the broad eligibility area as defined in Rule 6A-1.0014, F.A.C., appropriate for the provision of dropout prevention and academic intervention services.

(e) “Standard high school diploma” means a diploma that meets all the requirements of Section 1002.3105, or 1003.4282, F.S.

(f) “State of Florida Performance-Based Exit Option diploma” means a diploma that meets the requirements of Section 1003.435, F.S.

(2) Requirements.

(a) Credits. Students served in dropout prevention and academic intervention programs must retain their right to earn the number and type of credits required for a standard high school diploma.

(b) Coordination. All dropout prevention and academic intervention programs must coordinate with appropriate agencies and other school programs that provide services to participating students in order to fully utilize human and financial resources. A part of this coordination must to ensure that procedures for postsecondary transition include child care referral, career counseling and academic and vocational training options. Appropriate agencies include, but are not limited to: the Department of Health, the Department of Children and Families, the Department of Juvenile Justice, the Department of Law Enforcement, the Department of Corrections, the Department of Commerce, and the Florida Interagency Coordinating Council for Infants and Toddlers.

(c) Exceptional student education (ESE) referral. An exceptional student referred for enrollment in a dropout prevention and academic intervention program must have an individual educational plan (IEP) review prior to enrollment. A staff representative of the dropout prevention department in the district must participate in that review. This requirement does not apply to students served in county or municipal jail programs and Department of Juvenile Justice detention or residential programs.

(d) Limited English proficient students. Limited English proficient students, meeting the eligibility criteria for individual dropout prevention and academic intervention program categories, must be considered for enrollment in the appropriate dropout prevention and academic intervention program based on student needs. Limited English language proficiency must not be used as a criterion for enrollment.

(e) Parent notification.

1. Except as set forth in subparagraph (2)(e)2., at least five (5) days before a student is initially enrolled in, or at least five (5) days before a student initially receives services under, a dropout prevention and academic intervention program, the student’s parent or guardian must be notified by certified mail, return receipt requested, of such assignment or service in accordance with Section 1003.53(5), F.S. After the initial notice, notice must be provided annually.

2. The notice in subparagraph (2)(e)1. is not required for county or municipal jail programs and Department of Juvenile Justice detention and residential programs.

3. Notification must be in the parent’s primary language or other mode of communication commonly used by the parent unless clearly not feasible pursuant to Rule 6A-6.0908, F.A.C.

4. A school board may adopt a policy that allows a parent or guardian to agree to an alternative method of notification.

(f) Student records. Records of students participating in dropout prevention and academic intervention programs must contain the following:

1. The students’ dropout prevention and academic intervention program category.

2. Students’ entry and exit dates in the dropout prevention and academic intervention program.

3. Documentation of the eligibility of each student and any required interventions that is dated prior to each enrollment in a dropout prevention and academic intervention program. Eligibility for multi-year programs must be documented annually.

4. Number of instructional periods or hours of participation.

5. Evaluation of each student’s academic and behavioral progress.

6. Annual written documentation of parent notification and evidence of involvement in the enrollment decision.

(g) Eligibility. Districts must establish and implement eligibility criteria and procedures for each individual dropout prevention and academic intervention program offered in their district. Eligibility must be based on academic achievement, attendance, and discipline, pursuant to Section 1003.53(1)(b)-(c), F.S.

(h) Academic Intervention Plan. For each student in a dropout prevention and academic intervention program, an individual academic intervention plan must be developed no more than thirty (30) calendar days after a student’s entry into the program. An ESE student’s academic intervention plan must be consistent with the student’s IEP. At a minimum, the plan must include:

1. Measurable objectives, strategies, supports and related services that support the program’s goals to improve academic achievement, attendance and discipline, as appropriate;

2. Progress monitoring procedures; and

3. Transition goals to support the next educational placement or postsecondary options.

(i) Certification. Dropout prevention teachers must be instructional personnel as defined in Section 1012.01, F.S. The school district must ensure that only qualified instructional personnel, consistent with the Florida Course Code Directory and Instructional Personnel Assignments as adopted in Rules 6A-1.09441, 6A-1.0502, and 6A-1.0503, F.A.C., provide instruction in dropout prevention and academic intervention programs.

(j) Credit Recovery course procedures. Districts must develop procedures for implementation of Credit Recovery courses which are designed to result in students meeting state academic standards. At a minimum, the procedures must:

1. Require that students enrolled in a Credit Recovery course must have previously attempted a corresponding non-credit recovery course;

2. Require that students enrolled in a Credit Recovery course meet end-of-course assessment requirements pursuant to Section 1003.4282, F.S.;

3. Describe how the district will develop individually designed courses of study for students so that students can meet course standards. Credit Recovery courses are not bound by the hour requirements contained in Section 1003.436(1)(a), F.S.

4. Describe any available related student services and accommodations required by IEPs, Section 504 plans or English Language Learner plans, if applicable to the student;

5. Describe the course delivery model and how the district will ensure Credit Recovery courses are aligned to the state academic standards. Options include direct instruction, blended learning pursuant to Section 1011.61(1), F.S., or district virtual instruction programs, virtual charter schools, Florida Virtual School (FLVS), virtual course offerings and district franchises of FLVS pursuant to Sections 1002.33 1002.37, 1002.45, 1002.455, 1003.498 and 1011.62(1), F.S.; and

6. Describe the district’s grading process, the criteria for competency of standards to complete the course, the reporting of credits on a student’s transcript when a student takes a Credit Recovery course for grade forgiveness purposes, and how the course completion records will be maintained by the district.

History

• Rulemaking Authority 1001.02, 1003.53 FS. Law Implemented 1003.53 FS. History–New 10-30-90, Amended 6-19-91, 7-7-92, 9-5-93, 1-2-95, 7-26-16, 11-21-23, 9-24-24.

Fla. Admin. Code R. 6A-6.05221 Student Support and Assistance Component

History

• Rulemaking Authority 229.053(1), 230.2316(10) FS. Law Implemented 230.2316 FS. History–New 1-2-95, Repealed 6-23-16.

Fla. Admin. Code R. 6A-6.0522 Requirements for Mixed and Mainstreamed Dropout Prevention Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.2316 FS. History–New 10-30-90, Repealed 1-2-95.

Fla. Admin. Code R. 6A-6.0523 Comprehensive Dropout Prevention Plans

History

• Rulemaking Authority 229.053(1), 230.2316(10) FS. Law Implemented 230.2316 FS. History–New 10-30-90, Amended 1-2-95, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.0524 Educational Alternatives Programs

History

• Rulemaking Authority 1001.02, 1003.53 FS. Law Implemented 1003.53 FS. History–New 10-30-90, Amended 1-2-95, Repealed 11-21-17.

Fla. Admin. Code R. 6A-6.0525 Teenage Parent Programs

Pregnant and parenting students and their children shall be entitled to participate in Teenage Parent (TAP) Programs designed to provide comprehensive educational and ancillary services to facilitate the parents’ completion of high school. Students participating in teenage parent programs shall be eligible for all services afforded to students enrolled in programs pursuant to Section 1003.54, F.S., and Rule 6A-6.0525, F.A.C.

(1) Requirements.

(a) Credits. Students served in teenage parent programs shall retain the right to earn the number and type of credits required for a standard or special diploma pursuant to Section 1003.54, F.S. The special diploma is not a diploma option beginning with students entering 9th grade for the first time in 2014-2015 school year and student cohorts thereafter.

(b) Exceptional student education referral. An exceptional student referred for enrollment in a teenage parent program shall have an individual educational plan review prior to enrollment. A staff representative of the teenage parent program in the district shall participate in the review.

(c) Limited English proficient students. Limited English proficient students meeting the eligibility criteria for the teenage parent program shall be considered for enrollment in the teenage parent program based on student needs.

(d) Parent notification. Parents shall be notified annually in writing as specified in Section 1003.53, F.S., of their child’s enrollment in a teenage parent program and of their right to review any action relating to such enrollment.

(e) Student records. Records of students participating in a teenage parent program shall contain the following:

1. The students’ entry and exit dates in the teenage parent program.

2. Documentation of the eligibility of each student and child prior to enrollment in a teenage parent program. Eligibility for multi-year programs shall be documented annually.

3. Number of instructional periods or hours of participation.

4. Evaluation of each student’s academic and behavioral progress.

(f) Student eligibility for full-time equivalent (FTE). Eligible pregnant and parenting students shall be reported for teenage parent full-time equivalent student membership in the Florida Education Finance Program in the following settings:

Standard teenage parent program in which all students are teenage parent program participants.

(g) Certification. Any certification is appropriate for teachers in teenage parent programs. Teenage parent program teachers shall be instructional personnel as defined in Section 1012.01, F.S.

(h) Students served in teenage parent programs shall retain their right to have access to a school day as defined by Section 1011.60, F.S.

(2) Student eligibility. Districts shall implement student eligibility criteria and establish enrollment procedures for each teenage parent program.

(a) Voluntary participation. Participation in a teenage parent program is voluntary. Pregnant students, teenage parent students, and their children shall not be assigned to the program without annual parental or adult student permission.

(b) Criteria for eligibility.

1. Pregnant students.

2. Parenting students.

3. Children of parenting students and teenage parent program completers.

(c) Documentation of eligibility includes:

1. A county public health unit or private physician’s certification of pregnancy;

2. A child’s birth certificate, copy of application of birth certificate, hospital records, or a notarized affidavit of fatherhood signed by mother and father; and,

3. Evidence of parent’s program completion and documentation of child’s birth.

(3) Instructional periods. The program shall consist of instruction to participants full-time, part-time or on a variable schedule as needed to deliver the pregnancy- or parenting-related curriculum as specified in Section 1003.54(3)(b), F.S. Children of teenage parent students enrolled in teenage parent programs shall be served during the time that the parent student is earning credit towards a standard dipolma pursuant to Section 1003.4282 or 1002.3105, F.S. The special diploma is not a diploma option beginning with students entering 9th grade for the first time in 2014-2015 school year and student cohorts thereafter.

(4) Service delivery models. Teenage parent programs may be offered at any location approved by the district school board as a school center.

(5) Ancillary services. School districts shall develop and implement procedures for the provision or coordination of the four ancillary services of child care, social services, health services and transportation for pregnant and parenting students who are currently enrolled or have completed a teenage parent program and their eligible children. Program completers are those students who have successfully completed a teenage parent program as described in the district’s approved teenage parent program plan. Ancillary services are described as:

(a) Child care. Child care includes developmentally appropriate learning activities for the children of teenage parent program participants and completers during the hours when the child’s teenage parent is earning credit pursuing a standard dipolma as defined by Section 1003.4282 or 1002.3105, F.S. The special diploma is not a diploma option beginning with students entering 9th grade for the first time in 2014-2015 school year and student cohorts thereafter. Districts choosing to operate school-based child care for children birth through age three should be aware of the requirements of Florida’s child care law [Section 402.3025, F.S.]. Districts may report children of teenage parent program participants and completers for teenage parent full-time equivalent student membership in the Florida Education Finance Program when the district provides or contracts for child care for the child and the following criteria are met:

1. The child is assigned a student identification number and all appropriate data for reporting is collected;

2. The parent is currently enrolled in a teenage parent program or is a program completer and enrolled in courses that meet the graduation requirements pursuant to Section 1003.4282 or 1002.3105, F.S.;

3. The teenage parent has not graduated or legally withdrawn from school;

4. The child has not attained the age of five or is not eligible to enroll in kindergarten according to Section 1003.21(1)(a)2., F.S., whichever comes last;

5. The child is not served in a preschool program supported by other state or federal funds such as Prekindergarten Early Intervention, Head Start, or other subsidized child care.

(b) Health services. Health services include the coordination of health and nutrition education and routine prenatal and postnatal health checkups during the time that the teenage parent student is reported for FTE in the teenage parent program. Routine check-ups for the children of teenage parent program participants and completers, including immunizations, shall be provided or coordinated during the time those children are reported for FTE in a teenage parent program.

(c) Social services. Social services include counseling assistance or case coordination related to economic assistance, during the time that the teenage parent students or their children are reported for FTE in a teenage parent program.

(d) Transportation. Transportation includes transportation for pregnant and parenting teenage parent program participants, program completers who have returned to their home schools, and their children regardless of distance from school pursuant to Section 1011.68(1)(b), F.S. Transportation shall be provided for teenage parents and their children to and from home and the child care facility and for the teenage parents to and from the child care facility and the school, as required for the parent’s educational activities in credit earning hours.

(6) The local school board shall approve the teenage parent program plan and all subsequent amendments prior to reporting students and their children for teenage parent program funding. The individual program description of the teenage parent program plan shall include:

(a) Agency coordination.

(b) Specific outcome objectives.

(c) Evaluation.

(d) Specific student eligibility criteria.

(e) Student admission procedures.

(f) Program operating procedures to include:

1. Pregnancy- and parenting-related curriculum.

2. Special strategies.

3. Equal access for eligible exceptional and limited English proficient students.

4. Student services.

a. Description of child care services.

b. Description of health services.

c. Description of social services.

d. Description of transportation.

e. Other services which may be provided to participants.

5. Implementation sites.

6. Length of stay in program for students and their children.

7. Total teenage parent program FTE projected for students and their children.

(7) Program Evaluation. Each district receiving state funding for teenage parent programs through the Florida Education Finance Program shall submit an annual report to the Department documenting the extent to which each of the individual teenage parent programs has met the objectives established by the district. These objectives, developed by the district, are based upon the following required common objective criteria:

(a) Remaining in school or earning a high school diploma.

(b) Improving parenting skills.

(c) Giving birth to babies weighing 5.5 pounds or greater.

History

• Rulemaking Authority 1001.02, 1003.54 FS. Law Implemented 1003.54 FS. History–New 10-30-90, Amended 1-2-95, 3-20-96, 2-20-17.

Fla. Admin. Code R. 6A-6.0526 Substance Abuse Programs

History

• Rulemaking Authority 229.053(1), 230.2316(10) FS. Law Implemented 230.2316 FS. History–New 10-30-90, Amended 1-2-95, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.0527 Disciplinary Programs

History

• Rulemaking Authority 229.053(1), 230.2316(10) FS. Law Implemented 230.2316 FS. History–New 10-30-90, Amended 1-2-95, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.0528 Youth Services Programs

History

• Rulemaking Authority 229.053(1), 230.23161(17) FS. Law Implemented 230.2316 FS. History–New 10-30-90, Amended 1-2-95, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.05281 Educational Programs for Students in Department of Juvenile Justice Detention, Prevention, Residential, or Day Treatment Programs

Pursuant to Sections 1003.51 and 1003.52, F.S., educational programs for students in Department of Juvenile Justice (DJJ) programs shall be operated as follows.

(1) Definitions. For purposes of this rule, the following definitions apply.

(a) “DJJ’s Florida Scholars Academy” means the entity established by the Department of Juvenile Justice under Section 985.619, F.S., to deliver educational opportunities to students served in DJJ residential commitment programs.

(b) “Program district” means the Florida school district in which the DJJ detention, prevention or day treatment program is located;

(c) “Post-release district” means the Florida school district in which a student is or will be enrolled immediately following the student’s release from a DJJ program.

(2) Student Services.

(a) Students who do not attend a local public school due to their placement in a DJJ detention, prevention or day treatment program shall be provided high-quality and effective educational programs by the local school district in which the DJJ facility is located or by an education provider through a contract with the local school district.

(b) Students who do not attend a local public school due to their placement in a DJJ residential commitment program shall be provided high-quality and effective educational programs by the DJJ’s Florida Scholars Academy.

(c) If any student in these DJJ facilities has filed an intent to terminate school enrollment, the program district shall notify the student of the option of enrolling in a program to attain the equivalency high school diplomas authorized by Section 1003.435, F.S

(d) Exceptional Student Education (ESE). All students placed in a DJJ program who meet the eligibility criteria for ESE services or who require accommodations due to a disability shall be provided a free appropriate public education consistent with the requirements of Section 1003.57, F.S.

(e) Section 504 of the Rehabilitation Act (Section 504). All students placed in a DJJ program who meet the eligibility criteria and require accommodations due to a disability must be provided a Section 504 plan consistent with the requirements of Section 1000.05, F.S., and Chapter 6A-19, F.A.C.

(f) English Language Learners. All students designated as English language learners who are placed in a DJJ program shall have equal access to entitled services, including assessment and appropriate instructional strategies consistent with the requirements of Section 1003.56, F.S.

(g) Staff training. The program district and DJJ’s Florida Scholars Academy must develop a plan to ensure that staff who are assigned students during instructional time, or who provide care and custody to students during instructional time, receive training in student services described in subsection (2) of this rule.

(3) Student Records.

(a) Content. Each program district and the DJJ’s Florida Scholars Academy shall maintain educational records for students in DJJ programs in accordance with Sections 1002.22, 1003.25 and 1003.51, F.S., and Rule 6A-1.0955, F.A.C. Pursuant to Section 1008.385, F.S., the program district and the DJJ’s Florida Scholars Academy shall comply with the requirements for the Comprehensive Management Information System established in Rule 6A-1.0014, F.A.C. The program district shall comply with requirements for completing and reporting the Florida Education Finance Program (FEFP) full-time equivalent (FTE) surveys and transported student membership surveys established in Rule 6A-1.0451, F.A.C.

(b) Cumulative Academic Transcript. Each program district and the DJJ’s Florida Scholars Academy shall:

1. Record each student’s academic history upon entry into the DJJ program; and

2. Delineate each course upon completion and record full or partial credits earned by the student as provided by the Florida Course Code Directory, as adopted in Rule 6A-1.09441, F.A.C., including students in DJJ detention centers.

(c) Access to Student Information System. In accordance with Section 1001.31 and 1003.51(2), F.S., each program district, pursuant to cooperative agreement, and DJJ’s Florida Scholars Academy, shall provide personnel at juvenile justice facilities access to the school system database for the purpose of accessing academic, immunization, and registration records for students assigned to the programs. Such access shall be in the same manner as provided to other schools in the district.

(d) Transfer of Educational Records. Each school district and DJJ’s Florida Scholars Academy shall transfer records of students entering or exiting DJJ programs as provided in Section 1003.51(4)(b), F.S., and in subsections 6A-1.0955(9) and 6A-1.0014(2), F.A.C. Each school district and DJJ’s Florida Scholars Academy shall provide students’ educational records no later than three (3) working days after the receipt of the request for records from the new school, district or DJJ’s Florida Scholars Academy.

(e) Protection of Privacy. The educational records of students in DJJ programs shall be maintained in accordance with Sections 1002.22, 1002.221, 1002.222, and 1002.225, F.S.

(4) Student Assessment.

(a) To ensure high-quality and effective educational programs for students in DJJ detention, prevention, residential commitment, or day treatment programs, the program district and the DJJ’s Florida Scholars Academy shall provide for the review of each student’s educational records and conduct assessments, consistent with the requirements of this subsection, in order to identify the students’ individual needs, provide appropriate educational programs, and report the learning gains of the student.

(b) All students in DJJ prevention, residential commitment, or day treatment programs who have not graduated from school or filed a notice of intent to terminate school enrollment must be administered an appropriate academic and career assessment selected by the program district school board or the DJJ’s Florida Scholars Academy board of trustees. The assessments must be administered at the time of program entry and exit for the purpose of developing goals for education transition plans, progress monitoring plans, individual educational plans, as applicable, and federal reporting, as applicable.

(c) In accordance with Section 1003.51, F.S., students placed in a detention center shall be assessed to determine areas of academic need and strategies for appropriate intervention and instruction within five (5) school days upon entry. A research-based assessment that will assist the student in determining his or her educational and career options and goals shall be administered within twenty-two (22) school days after the student’s entry into the program.

(d) All students in DJJ detention, prevention, residential commitment, or day treatment programs shall also participate in the statewide and districtwide assessments required by Sections 1008.22, 1008.25, 1008.30, and 1003.4282, F.S.

(5) Education Transition Plans and Progress Monitoring Plans for Residential Commitment, Prevention and Day Treatment Programs.

(a) Education Transition Plans. For each student in DJJ prevention, residential commitment, or day treatment programs, an individual education transition plan based on the student’s post-release goals shall be developed, beginning upon a student’s entry into the DJJ program. Key personnel relating to entry transition activities for students in juvenile justice programs include: the student; the student’s parent(s), legal guardian(s), or caretaker(s); instructional personnel in the juvenile justice education program, DJJ personnel; personnel from the post-release district; a certified school counselor or under the supervision of the program district’s or the DJJ’s Florida Scholars Academy’s school counselor; a registrar or a designee of the program district or the DJJ’s Florida Scholars Academy who has access to the district’s or the DJJ’s Florida Scholars Academy Management Information System; and reentry personnel.

(b) The initial education transition plan must include:

1. Services and interventions that are based on the student’s assessed educational needs and post-release education plans.

2. Services to be provided during the program stay and services to be implemented upon release, including, but not limited to, continuing education in secondary school, career and technical education, postsecondary education, or career opportunities.

3. The recommended educational placement for the student post-release from a juvenile justice program must be based on individual needs and performance in the juvenile justice programs.

4. Specific monitoring responsibilities by individuals who are responsible for the reintegration and coordination of the provision of support services.

(c) Progress Monitoring Plan for Residential Commitment, Prevention and Day Treatment Programs. An individual progress monitoring plan shall be developed no more than thirty (30) calendar days after a student’s entry into a DJJ prevention, residential commitment, or day treatment program. This plan shall be based upon the student’s entry assessments and past educational history. The plan shall include:

1. Specific, individualized academic and career objectives;

2. Remedial strategies, as needed;

3. Progress monitoring evaluation procedures; and

4. An implementation schedule for determining progress toward meeting the goals of academic and career objectives, including specific monitoring responsibilities. An ESE student’s progress monitoring plan must be consistent with the student’s individual educational plan (IEP).

(d) Key personnel involved in re-entry transition activities for students returning to a school district must include the personnel described in paragragh (5)(a) of this rule, and a representative from the local workforce board in the post-release district. Re-entry counselors, probation officers, and additional personnel from the post-release district should be involved in transition planning to the extent practicable.

(e) Exit Portfolio for Residential Commitment, Prevention and Day Treatment Programs. Upon the student’s exit from a residential commitment, prevention or day treatment program: The DJJ educational program staff shall provide an exit portfolio to the student’s post-release district at least three (3) schools days prior to exit. The exit portfolio shall include, at a minimum:

1. Education Transition plan;

2. Results of district and statewide assessments;

3. Progress monitoring plan;

4. Section 504 plan, English language learner plan, behavioral intervention plan (BIP) and IEP, if applicable;

5. Cumulative transcript;

6. A list of courses in-progress, with grade to date;

7. Any industry certifications earned; and

8. High school equivalency results, if applicable.

(f) Education Transition Plan for Detention Programs. For each student in a DJJ detention center, an education transition plan shall be developed for students with a length of stay over twenty-two (22) consecutive school days. The education transition plan must include:

1. Identified academic need and appropriate educational program;

2. Academic strategies and interventions; and

3. Individualized academic and career goals

(g) Exit Portfolio for Detention Programs. Upon the student’s exit from a detention center: The DJJ educational program staff shall provide an exit portfolio to the student’s post-release district or DJJ residential commitment program for students in detention for more than twenty-two (22) consecutive school days at least three (3) days prior to exit. The exit portfolio shall include, at a minimum:

1. Education transition plan;

2. Results of district and statewide assessments, if applicable;

3. Research-based assessment results;

4. Section 504 Plan, English language learner plan, BIP and IEP, if applicable;

5. Cumulative transcript;

6. A list of courses in-progress, with grade to date; and

7. High school equivalency results, if applicable.

(6) Instructional Program and Academic Expectations.

(a) School Day and Year. The program district’sinstructional program shall consist of 250 instructional school days pursuant to Section 1003.01(14)(a) F.S., and Rule 6A-1.045111, F.A.C.

(b) Requirements. DJJ detention centers, prevention, day treatment, and residential commitment programs shall have the flexibility in student scheduling to meet the basic academic and career needs of the student. The instructional program shall meet the requirements of Sections 1003.4156, 1003.4282, 1003.435, 1003.52, 1008.23, and 1008.25, F.S., as applicable, and shall include:

1. Course offerings and instructional personnel assignments consistent with the Florida Course Code Directory, as adopted in Rule 6A-1.09441, F.A.C., the state academic standards adopted in Rule 6A-1.09401, F.A.C., and course descriptions adopted in Rule 6A-1.09412, F.A.C. Curricular offerings must reflect the students’ assessed educational and transition needs and meet the students’ needs as identified by the individual plan as required by subsection (5) of this rule. All students shall receive a curriculum to address their individual, academic, career, and transition needs. Students shall be placed in courses and programs that can be completed during the DJJ program or continued in the school district to which they will return.

2. High school equivalency examination preparation that meets course requirements as specified in Rule 6A-6.0571, F.A.C., and testing requirements as specified in Rule 6A-6.0201, F.A.C. If offered, adult general education courses shall meet course requirements specified in Rules 6A-6.014 and 6A-6.0571, F.A.C. Pursuant to Section 1003.52(3)(a), F.S., program districts shall provide the performance-based exit option for DJJ detention, prevention and day treatment education programs. School districts must apply and be approved by the Department in order to implement the Performance-Based Exit Option Model. The school district’s approved performance-based exit option shall meet the requirements specified in Rule 6A-6.0212, F.A.C.

3. Instruction that is delivered through a variety of techniques to address students’ individual academic needs, including direct instruction, blended learning under Section 1011.61(1), F.S., or district virtual instruction programs, virtual charter schools, Florida Virtual School, virtual course offerings, district franchises of Florida Virtual School pursuant to Sections 1002.33, 1002.37, 1002.45, 1002.455, 1003.498, and 1011.62(1), F.S., credit recovery course procedures, and competency-based programs as required in Sections 1003.51(2)(h)6. and 1003.52(4), F.S.

(c) Curricular flexibility for detention centers pursuant to Section 1003.51(2)(s), F.S. The instructional program shall meet the requirements of paragraphs (6)(a)-(b) of this rule. For students whose length of stay is less than ten (10) consecutive school days, the school district:

1. May enroll students in elective courses which address, but are not limited to, academic remediation, career employability skills, behavioral management, law skills and life skills.

2. Must provide guidance services to determine current academic status, graduation pathway and academic support services.

(d) Instructional materials, technology, access to technology and instructional support must be commensurate to resources provided to other students in public schools within the district where the program is located.

(e) The district school board or the DJJ’s Florida Scholars Academy board of trustees shall work with local district workforce education providers to access appropriate programs for youth in DJJ programs who are no longer served in a K-12 program.

(7) Qualifications of instructional staff, procedures for the selection of instructional staff, and procedures for consistent instruction and qualified staff year-round.

(a) The program district or the DJJ’s Florida Scholars Academy shall ensure that only qualified instructional staff members, consistent with the requirements of the Florida Course Code Directory and Instructional Personnel Assignments as adopted in Rules 6A-1.09441, 6A-1.0502, and 6A-1.0503, F.A.C. are employed to provide instruction to students in DJJ programs.

(b) Program districts or the DJJ’s Florida Scholars Academy shall establish procedures for the use of noncertified instructional personnel who possess expert knowledge or experience in their fields of instruction consistent with the requirement of Rule 6A-1.0502, F.A.C.

(c) Program districts or the DJJ’s Florida Scholars Academy shall establish procedures to ensure that instructors teaching courses leading to the attainment of industry certifications meet the requirements of Rule 6A-1.0503, F.A.C., and hold an industry certification identified on the Master Credentials List as adopted in Rule 6A-6.0576, F.A.C.

(d) As required by Section 1003.52(11), F.S., program districts and the DJJ’s Florida Scholars Academy shall recruit and train teachers who are qualified in educating students in DJJ programs. Teachers assigned to educational programs operated by local school districts in DJJ facilities shall be selected by the school district in consultation with the director of the DJJ facility.

(e) The school district’s substitute teacher pool shall be available for DJJ detention, prevention and day treatment programs.

(8) Accountability and Reporting.

(a) The Department will issue an alternative school improvement rating for day treatment and prevention programs pursuant to Section 1008.341, F.S.

(b) Beginning with the 2024-25 school year, the DJJ’s Florida Scholars Academy must report to the Department of Education annually by September 1 the accountability rating for residential commitment programs.

(c) The program district and DJJ’s Florida Scholars Academy must comply with the federal Elementary and Secondary Education Act (ESEA) and Florida’s approved plan, as amended by the Every Student Succeeds Act (ESSA).

(d) The program district and DJJ’s Florida Scholars Academy must comply with monitoring and documentation requests made by the Department of Education for Title I, Parts A and D, Title IV, Individuals with Disabilities Act (IDEA), Section 504 and the Strengthening Career and Technical Education for the 21st Century Act (Perkins V).

(9) Funding for Program Districts.

(a) To implement the FTE funding for students in DJJ detention, prevention and day treatment programs based on direct instructional time:

1. Student attendance is required to be collected daily as referenced in Section 1003.23, F.S. For students in grades 9-12, attendance must be maintained on a period by period basis for classes in which students receive credit or during each course reported for FTE purposes.

2. Time students spend participating in school activities, such as field trips, performances, or receiving school-based services such as counseling, may be counted as direct instructional time.

3. Certain interruptions to the education program, over which the teacher and student have no control, do not have to be deducted from the direct instructional time reported for FTE. These include:

a. Disaster drills;

b. Lockdowns of the classroom or program for security purposes;

c. Bomb scares;

d. Court hearings; and,

e. Meetings students have with law enforcement personnel during school hours.

4. Direct instructional time shall not be counted for students who choose not to attend class or who are not present at school due to illness, or other non-school-related activity other than those listed above.

(b) As required by Sections 1003.51 and 1010.20, F.S., DJJ detention, prevention and day treatment programs are entitled to one hundred (100) percent of the FEFP formula-based categorical funds generated by students in DJJ detention, prevention and day treatment programs, and at least ninety-five (95) percent of these funds must be spent on instructional costs for students in DJJ detention, prevention and day treatment programs or in an education program for juveniles under Section 985.19, F.S.

(c) Compliance with the expenditure requirement in Section 1010.20, F.S., for programs provided directly by local school boards shall be verified by the Department of Education through the review of the district’s cost report as required by Section 1010.20, F.S. If school districts enter into contracts with contracted providers for these educational programs, an accounting of the expenditures, as specified in Sections 1003.51(2)(i) and 1010.20, F.S., shall be required by the local school board.

(10) Contracts with Providers. School districts may provide educational services directly or may enter into a written contract with a contracted provider or another school district to provide educational services to students in DJJ detention, prevention and day treatment programs that the DJJ reviews. The contract shall be negotiated and executed within forty (40) days after the district school board provides the proposal to the juvenile justice education program, unless both parties agree to an extension. The Department of Education shall provide mediation services for any disputes relating to this paragraph. Such contracts shall include the following:

(a) Payment structure and amounts, including:

1. The method of computation for the contracted amount, including the components for the FEFP and other funding sources.

2. The schedule by which payments will be made to the vendor.

3. Satisfaction of invoices from providers within fifteen (15) working days of receipt of all proper and necessary documentation.

4. The payment of interest to providers by districts that fail to timely satisfy an invoice, at a rate of 1 percent per month, calculated daily.

5. A provision stating that a district school board may not delay payment of any portion of funds owed pending the receipt of local funds.

(b) Access to district services, including the following:

1. In accordance with Section 1001.31, F.S., program districts shall provide instructional personnel at juvenile justice facilities with access to the district school system database for students’ academic, immunization, and registration records.

2. In accordance with Sections 1003.51 and 1003.52, F.S., program districts shall provide juvenile justice programs access to appropriate courses, instruction, and resources, including:

a. Virtual courses pursuant to Sections 1002.37, 1002.45, and 1003.498, F.S.;

b. Basic, career and technical education, exceptional student programs, and high school equivalency examination preparation;

c. Instructional materials, technology, and instructional support commensurate to resources provided to other students in public schools within the district the program is located; and

d. Transition services that include monitoring provisions as referenced in subsection (5) of this rule.

(c) Contract management provisions for detention, prevention and day treatment programs, to include:

1. The names and contact information for the district and vendor staff responsible for the management of the contract;

2. The time period covered by the contract and provisions for extending and/or renewing the contract;

3. A scope of work that clearly establishes the responsibilities of both parties and includes the district’s process for monitoring compliance of the contract;

4. Quantifiable, measurable, and verifiable units of deliverables that must be received and accepted in writing by the contract manager before payment;

5. The consequences of failure to perform the specified responsibilities by either party;

6. The procedures that will be used by the district to monitor the implementation of the contract;

7. The procedures that will be used to amend the contract; and,

8. Circumstances under which the contract may be terminated by either party.

(d) Data maintenance and reporting requirements necessary to enable the program district to meet its data maintenance and reporting obligations pursuant to paragraph (3)(a) of this rule. Such provisions shall include mechanisms for data quality control, such as deadlines for data submission by the contracted provider, submission of error reports by the district to the contracted provider, and a process for data review and correction by the contract provider. In addition, the provisions shall include requirements to maintain the confidentiality of personally identifiable education records;

(e) Accountability requirements and corrective action plans, if needed;

(f) Administrative guidelines and oversight of federal programs, such as Title I, Parts A and D, Title V, IDEA, and the PerkinsV, that are in compliance with federal legislation;

(g) The requirement that the provider comply with monitoring and documentation requests for IDEA and Section 504; and

(h) The requirement that all educational services comply with this rule.

History

• Rulemaking Authority 1003.51, 1003.52 FS. Law Implemented 1003.51, 1003.52 FS. History–New 4-16-00, Amended 5-19-08, 12-15-09, 4-1-15, 5-3-22, 8-27-24.

Fla. Admin. Code R. 6A-6.05282 College Reach-Out Program

(1) Definitions. As used in this rule, the following definitions shall be used:

(a) “Low-income educationally disadvantaged student” is a student who meets at least one (1) criterion in subsections (3) and (4) of this rule.

(b) “Potential first-generation-in-college student” means:

1. An individual, neither of whose natural or adoptive parent received a baccalaureate degree;

2. An individual who, prior to the age of eighteen (18), regularly resided with, and received support from, only one parent and whose supporting parents did not receive a baccalaureate degree; or

3. An individual who, prior to the age of eighteen (18), did not regularly reside with, or receive support from, a natural or an adoptive parent.

(2) Eligibility criteria for low-income educationally disadvantaged student. In order to be eligible to participate in the College Reach-Out Program (CROP), a student must:

(a) Be in grades 6 through 12;

(b) Meet one or more of the academic criteria in subsection (3) of this rule; and,

(c) Meet one or more of the economic criteria in subsection (4) of this rule.

(3) Academic criteria. The academic criteria for the College Reach-Out Program are as follows:

(a) The student is a potential first-generation-in-college student;

(b) The student’s cumulative grade point average at the time the student applies for participation in the program is below 2.5;

(c) The student’s academic transcript at the time the student applies for participation in the program indicates course grades in English Language Arts (ELA), mathematics, science or social studies at grade “C” or below; or

(d) The student has an achievement level below a Level 3 in English Language Arts (ELA) and mathematics, on the statewide, standardized assessment, or on the Algebra I End-of-Course (EOC) Assessment under Section 1008.22, F.S.;

(4) Economic criteria. The economic criteria for the College Reach-Out Program are as follows:

(a) The student is eligible for free and reduced-price lunches and participates in the school lunch program under the Richard B. Russell National School Lunch Act [42 U.S.C. §1758(b)(1)(A)]

(b) The student’s family receives public assistance and participates in assistance programs, such as Supplemental Security Income or Housing Choice Voucher Program; or

(c) The student is currently placed, or during the previous fiscal year was placed, in foster care.

History

• Rulemaking Authority 1001.02, 1007.34 FS. Law Implemented 1007.34 FS. History–New 11-13-12, Amended 6-23-16, 2-16-21.

Fla. Admin. Code R. 6A-6.05291 Course Modification

History

• Rulemaking Authority 229.053(1), 230.2316(10) FS. Law Implemented 230.2316 FS. History–New 10-30-90, Amended 1-2-95, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.05292 Common Objective Criteria and Evaluation of Dropout Prevention Programs

History

• Rulemaking Authority 229.053(1), 230.2316(10) FS. Law Implemented 230.2316 FS. History–New 10-30-90, Amended 1-2-95, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.053 District Comprehensive Evidence-Based Reading Plan

(1) Purpose. The purpose of this rule is to set forth the requirements for reading instruction through the Comprehensive Evidence-Based Reading Plan (CERP) that each district is required to develop and submit to the Florida Department of Education (Department) for approval in accordance with Section (s.) 1001.215, Florida Statutes (F.S.).

(2) Definitions.

(a) “District” means a Florida school district or district school board, the Florida Virtual School (s. 1002.37, F.S.), the Florida School for the Deaf and the Blind (s. 1002.36, F.S.), Developmental Research (Laboratory) Schools (s. 1002.32, F.S.), and a university or Florida College System institution (s. 1002.33(5), F.S.) that sponsors one or more charter schools.

(b) “Evidence-based” means demonstrating a statistically significant effect on improving student outcomes or other relevant outcomes and meet strong, moderate, or promising levels of evidence as defined in 20 U.S.C. s. 7801(21)(A)(i).

(c) “Prekindergarten” (PreK) is preschool for four-year-olds, the year prior to beginning kindergarten.

(d) “Science of reading” means an interdisciplinary body of research about reading that focuses on how people learn to read and other issues related to reading and writing.

(e) “Voluntary Prekindergarten” (VPK) is a state-funded program that covers the cost of a set number of hours of prekindergarten instruction to children who turn four (4) years of age on or before September 1 of the school year for which they are eligible to attend.

(3) Assessment, Curriculum, and Reading Instruction.

(a) K-12 reading instruction must be grounded in the science of reading and align with Florida’s Formula for Reading Success, 6 + 4 + T1 + T2 +T3, which includes:

1. Six (6) components of reading: oral language, phonological awareness, phonics, fluency, vocabulary, and comprehension;

2. Four (4) types of classroom assessments: screening, progress monitoring, diagnostic, and summative;

3. Three (3) tiers of instruction that are standards-aligned; include accommodations for students with a disability, students with an Individual Educational Plan (IEP), and students who are English language learners; and incorporate the principles of Universal Design for Learning as defined in 34 C.F.R. 200.2(b)(2)(ii);

a. Core Instruction (Tier 1): provides print-rich explicit and systematic, scaffolded, differentiated instruction, and corrective feedback; builds background and content knowledge; incorporates writing in response to reading;

b. Supplemental Instruction/Interventions (Tier 2): provides explicit, systematic, small group teacher-led instruction matched to student need, targeting gaps in learning to reduce barriers to students’ ability to meet Tier 1 expectations; provides multiple opportunities to practice the targeted skill(s) and receive corrective feedback; occurs in addition to core instruction; and

c. Intensive, Individualized Instruction/Interventions (Tier 3): provides explicit, systematic, individualized instruction based on student need, one-on-one or very small group instruction with more guided practice, immediate corrective feedback, and frequent progress monitoring; and occurs in addition to core instruction and Tier 2 interventions. Tier 3 interventions must be provided to students identified as having a substantial deficiency in reading or characteristics of dyslexia pursuant to s. 1008.25(5)(a), F.S. Intensive reading interventions must be delivered by instructional personnel who are certified or endorsed in reading or who possess the elementary or secondary literacy micro-credential. For instructional personnel who possess the literacy micro-credential and provide intensive reading interventions, supervision must be provided by an individual certified or endorsed in reading.

(b) Districts and charter schools must not employ the three-cueing system model of reading as a basis for teaching word reading in classroom instruction, instructional strategies, instructional materials, interventions, and professional learning systems.

1.Three-cueing is an instructional approach to foundational skills instruction in reading that involves the use of three (3) different types of instructional cues: semantic (gaining meaning from context and sentence-level cues), syntactic or grammatical features, and grapho-phonic (spelling patterns) elements in lieu of explicit instruction in phonic decoding and encoding.

2. Strategies that include visual information and strategies that improve background and experiential knowledge, add context, and increase oral language and vocabulary to support comprehension are allowable, but may not be used to teach word reading.

a. The primary strategy for teaching word reading is phonics instruction for decoding and encoding.

b. Word recognition for decodable words is taught through letter-sound correspondence and word analysis skills.

c. Words that cannot be sounded out and that do not follow the rules of phonics, must be explicitly taught.

(c) Elementary schools must teach reading in a dedicated, uninterrupted block of time of at least ninety (90) minutes duration daily to all students. The reading block must include whole group instruction utilizing an evidence-based sequence of reading instruction and small group differentiated instruction to meet individual student needs.

(d) Data from the results of progress monitoring and formative assessments must guide differentiation of instruction and interventions in the classroom.

(4) Literacy Coaches.

(a) Where utilized, districts must use the Just Read, Florida! literacy coach model or explain the evidence-based coaching model used in their district and how they will monitor the implementation and effectiveness of the coaching model.

(b) The Just Read, Florida! literacy coach model is described below:

1. The literacy coach serves as a stable resource for professional learning throughout a school to generate improvement in reading and literacy instruction and student achievement. Coaches support and provide initial and ongoing professional learning to teachers in:

a. Each of the six (6) components of reading, as needed, based on an analysis of student performance data;

b. Administration and analysis of instructional assessments; and

c. Providing differentiated instruction and intensive interventions.

2. Coaches must:

a. Model effective instructional strategies for teachers in whole and small group instruction;

b. Collect and use data on instructional practices to inform and implement professional learning activities;

c. Train teachers to administer assessments, analyze data, and use data to differentiate instruction;

d. Coach and mentor teachers daily;

e. Work with teachers to ensure that evidence-based reading strategies and programs grounded in the science of reading are implemented with fidelity;

f. Work with teachers to ensure that strategies for foundational skills include phonics instruction for decoding and encoding as the primary instructional strategy for word reading;

g. Participate in literacy leadership teams;

h. Continue to grow professionally to increase knowledge of and ability to apply effective pedagogy and andragogy;

i. Prioritize time to teachers, activities, and roles that will have the greatest impact on student achievement in reading; and

j. Work with school principals to plan and implement a consistent program of improving reading achievement using evidence-based strategies.

3. Coaches are prohibited from performing administrative functions that will detract from their role as a literacy coach and must limit the time spent on administering or coordinating assessments.

(c) Where utilized, literacy coaches must meet the following minimum qualifications:

1. Have a bachelor’s degree and be certified or endorsed in reading;

2. Have an effective or highly effective rating on the most recently available evaluation that contains student performance data;

3. Exhibit knowledge of evidence-based reading instruction grounded in the science of reading, infusing evidence-based reading strategies into content area instruction, and data management skills;

4. Demonstrate a strong knowledge base in working with adult learners; and

5. Have excellent communication skills with outstanding presentation, interpersonal, and time management skills.

(5) Students with a Substantial Deficiency in Early Literacy Skills.

(a) Identification. A VPK student is identified as having a substantial deficiency in early literacy skills if the student scores below the tenth (10th) percentile or is unable to complete the practice items at the middle or end of the year test administration of the coordinated screening and progress monitoring system pursuant to s. 1008.25(9), F.S.

(b) Interventions. Immediately following identification, public VPK students with a substantial deficiency in early literacy skills must be provided interventions in early literacy skills that are intensive, explicit, systematic, and multisensory in accordance with s. 1008.25(5)(a), F.S.

(6) Students with a Substantial Deficiency in Reading.

(a) Identification. A kindergarten through grade 3 student is identified as having a substantial deficiency in reading if the student demonstrates through progress monitoring, formative assessments, or teacher observation data, minimum skill levels for reading competency in one or more of the six (6) components of reading; and

1. The student is identified as in need of Tier 3 interventions; or

2. The student was retained the previous school year; or

3. For kindergarten through grade 2, the student scores:

a. Below the tenth (10th) percentile or is unable to complete the practice items on the designated grade-level assessment at the beginning or middle of the year test administration of the coordinated screening and progress monitoring system pursuant to s. 1008.25(9), F.S.; or

b. Level 1 at the end of the year test administration of the coordinated screening and progress monitoring system pursuant to s. 1008.25(9), F.S.; or

4. For grade 3, the student scores:

a. Below the twentieth (20th) percentile at the beginning or middle of the year test administration of the coordinated screening and progress monitoring system pursuant to s. 1008.25(9), F.S.; or

b. Level 1 on the statewide, standardized English Language Arts (ELA) assessment pursuant to s. 1008.22(3)(a), F.S.

(b) Notification. Parents of students identified with a substantial deficiency in reading must be notified immediately in writing of the items listed in s. 1008.25(5)(d)-(e), F.S., and consulted in the development of a plan.

(c) Required Plan.

1. Students identified with a substantial deficiency in reading must have an individualized progress monitoring plan that is designed to address the student’s specific reading deficiency and that meets the minimum requirements set forth in s. 1008.25(4)(c), F.S. The individualized progress monitoring plan must be developed within forty-five (45) days after the results of the coordinated screening and progress monitoring system become available.

2. Students with qualifying disabilities covered by an IEP under the Individuals with Disabilities Education Act or a 504 Plan under Section 504 of the Rehabilitation Act of 1973 are exempt from the requirement to have a progress monitoring plan, if the IEP or 504 Plan addresses the student’s reading deficiency. Nothing in this rule should be construed to require or prohibit an IEP or 504 Plan or the contents of these plans.

(d) Interventions. Immediately following identification, students with a substantial deficiency in reading must be provided reading interventions that are intensive, explicit, systematic, and multisensory, in accordance with s. 1008.25(5)(a), F.S.

(7) Students with Characteristics of Dyslexia. Dyslexia is a specific learning disability in basic reading skills that can range from mild to severe. The primary characteristics of dyslexia include, but are not limited to, difficulties with accurate and fluent word recognition and spelling, difficulty with learning letters and their sounds, and confusion in the sequence of letters and sounds. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction.

(a) Notification. Parents of students identified with the characteristics of dyslexia must be notified immediately in writing and consulted in the development of a plan as described in s. 1008.25(4)(b), F.S., pursuant to s. 1002.20(11), F.S.

(b) Additional Screening. Pursuant to s. 1008.25(9)(a)3., F.S., districts are required to conduct additional screening for any student identified as having characteristics of dyslexia through the coordinated screening and progress monitoring system.

(c) Interventions. Immediately following identification, students with characteristics of dyslexia must be provided dyslexia-specific interventions, such as structured literacy approaches, that are intensive, explicit, systematic, and multisensory, in accordance with s. 1008.25(5)(a), F.S.

(8) Summer Reading Camps.

(a) Districts must provide intensive interventions through Summer Reading Camps to students in grade 3 who score a Level 1 on the statewide, standardized ELA assessment. Classroom teachers assigned to these students at Summer Reading Camps must be certified or endorsed in reading and must be rated highly effective as determined by the teacher’s performance evaluation under s. 1012.34, F.S. Instructional personnel who possess a literacy micro-credential may not be assigned to these students for Summer Reading Camps.

(b) Districts may also offer Summer Reading Camps to students in grades K-5 with a deficiency in reading. With the exception of the students described in paragraph (8)(a), Summer Reading Camps must use classroom teachers or other district personnel who are certified or endorsed in reading or who possess the elementary literacy micro-credential.

(9) CERP Submission, Approval, and Evaluation by the Department.

(a) Annually, each district must develop a CERP and submit it for approval to its governing board or authority. After approval by its governing board or authority, each district must provide its approved CERP, including approved CERPs for each charter school sponsored by the district, to the Department by August 1. Plans must be submitted to Just Read, Florida! via email at JustRead@fldoe.org.

1. A district CERP must include all district K-12 schools, including charter schools sponsored by the district, unless a charter school elects to create its own plan independently from the district.

2. The Department will notify the district reading contact if the plan is incomplete or fails to meet requirements and will provide sixty (60) days to submit corrected or supplementary information.

3. The Department will evaluate the implementation of each district CERP through review of the CERP Reflection Tool, site visits, review of data, and by providing targeted assistance and guidance. District and school staff must keep records demonstrating the requirements in this rule are met. Districts must provide these records to the Department upon request.

(b) CERP Requirements. The CERP must demonstrate that the district is able to implement its reading plan with fidelity, that the plan uses data to drive decision-making, that the plan is designed to meet the needs of all students, and that the plan allocates sufficient resources toward each component. In order to be approved, CERPs must comply with the requirements found in subsections (3)-(8) and paragraph (10)(a) and must contain the following:

1. Contact information (name, email, and phone number) for the Main District Reading Contact that is responsible for the CERP and its implementation, and contact information for others at the district level that are responsible for specific areas covered in the CERP. The district must notify the Department within thirty (30) days if the contact information for the Main District Reading Contact changes.

2. Assurances that:

a. All reading instruction and professional learning are grounded in the science of reading; use instructional strategies that include phonics instruction for decoding and encoding as the primary strategy for word reading; and do not employ the three-cueing system model of reading or visual memory as a basis for teaching word reading;

b. All students identified with a substantial deficiency in reading are covered by an individualized progress monitoring plan that meets the requirements of s. 1008.25(4)(c), F.S., to address their specific reading deficiency, unless they have an IEP or 504 Plan that addresses their reading deficiency, or both in accordance with paragraph (6)(c);

c. All intensive reading interventions provided in Summer Reading Camps to students in grade 3 who score Level 1 on the statewide, standardized ELA assessment are delivered by instructional personnel who are certified or endorsed in reading and rated highly effective as determined by the teacher’s performance evaluation under s. 1012.34, F.S. All other intensive reading interventions are delivered by instructional personnel who are certified or endorsed in reading, or by instructional personnel who possess the elementary or secondary literacy micro-credential and who are supervised by an individual certified or endorsed in reading;

d. Each school has a literacy leadership team consisting of a school administrator, literacy coach, media specialist, and a lead teacher, as applicable;

e. All literacy coaches in the district meet the minimum qualifications described in subsection (4);

f. Literacy coaches are prohibited from performing administrative functions that will detract from their role as a literacy coach and spend limited time administering or coordinating assessments;

g. Literacy coaches are assigned to schools with the greatest need based on student performance data in reading;

h. Time is provided for teachers to meet weekly for professional learning, including lesson study and professional learning communities; and

i. The CERP will be shared with stakeholders, including school administrators, literacy leadership teams, literacy coaches, classroom instructors, support staff, and parents.

3. Descriptions of:

a. All components of the district’s reading instruction plan for grades K-12, as described in subsections (3)-(8) of this rule and s. 1003.4201, F.S.;

b. The district’s planned expenditures for each component of the CERP, including salaries and benefits, professional learning, assessments, programs and materials, tutoring, and incentives, if offered as part of the district’s comprehensive system of reading instruction. In accordance with s. 1008.25(3)(a), F.S., remedial and supplemental instruction resources must be prioritized for VPK students who have a substantial deficiency in early literacy skills and K-3 students who have a substantial deficiency in reading or characteristics of dyslexia;

c. How the district improved the plan based on the CERP Reflection Tool;

d. Measurable student literacy achievement goals for each grade level from VPK through grade 10. The goals must be based on the Florida Assessment of Student Thinking (FAST) and must increase from the previous school year to improve student achievement;

e. How the district uses data from the results of progress monitoring and formative assessments to guide differentiation of instruction and interventions in the classroom;

f. How the district prioritizes the assignment of highly effective teachers, as identified in s. 1012.34(2)(e), F.S., from kindergarten to grade 2;

g. Methods and instructional strategies for providing training to literacy coaches, classroom teachers, and school administrators required by ss. 1012.585(3)(f) and 1012.98(5)(b)11., F.S.;

h. How professional learning is provided in state academic ELA standards and evidence-based reading practices and programs;

i. How professional learning is provided to help instructional personnel and certified prekindergarten teachers funded in the Florida Education Finance Program earn a certification, a credential, an endorsement, or an advanced degree in scientifically researched and evidence-based reading instruction;

j. How professional learning is differentiated and intensified for teachers based on progress monitoring data;

k. How mentor teachers are identified at the school level to establish model classrooms;

l. The evidence-based literacy coaching model used in the district, if the Just Read, Florida! literacy coach model is not utilized;

m. The multisensory strategies, including visual, auditory, and kinesthetic-tactile techniques, presented to students in grades K-3 who have a substantial deficiency in reading or characteristics of dyslexia;

n. The district’s process for identifying students in grades K-12 in need of Tier 2 and Tier 3 interventions, which must be provided to students with a substantial deficiency in reading or characteristics of dyslexia;

o. The additional screening that will be provided to students with characteristics of dyslexia;

p. How the district will provide resources that support informed parent involvement in decision-making processes for students who have difficulty in reading and information about eligibility for the New Worlds Reading Initiative under s. 1003.485, F.S., for parents of students who are reading below grade level;

q. How the district will provide the required notifications to parents of students identified with a substantial deficiency in reading, including a description of any literacy partnerships or programs the district utilizes to increase support for families to engage in reading at home; and

r. How the district will meet staffing requirements for Summer Reading Camps and the evidence-based instructional materials that will be utilized at Summer Reading Camps for applicable grade levels.

4. Assessment/Curriculum Decision Trees that demonstrate how data will be used to determine specific reading instructional needs and interventions for all students in grades K-12. For each tier of instruction, the CERP must include the following information related to the Assessment/Curriculum Decision Trees:

a. Name of each assessment, targeted audience, component(s) of reading assessed, type of assessment, the frequency of data collection; and the method and timeframes by which assessment data will be provided to teachers and parents. For students in VPK through grade 10, the FAST must be administered pursuant to s. 1008.25(9)(b), F.S., and included as a component of the Assessment/Curriculum Decision Trees;

b. Performance criteria used for decision-making for each assessment at each grade level;

c. Evidence-based instructional materials and strategies;

d. Frequency and duration of interventions provided; and

e. Problem-solving procedures to measure and improve effectiveness of instruction and interventions.

(c) A charter school that elects to develop its own CERP must submit its CERP, approved by the governing board or authority, to the sponsoring district by July 15 and meet the requirements of ss. 1002.33(7)(a)2. and 1003.4201, F.S.

(10) CERP Implementation and Monitoring. Districts must monitor the implementation of the CERP at the district and school level, including charter schools sponsored by a district.

(a) The CERP must include:

1. A description of the data that will be collected, the frequency of review, and actions for continuous support and improvement;

2. The process used by principals to monitor implementation of the CERP, including frequent reading walkthroughs conducted by administrators; and

3. A description of how principals monitor collection and utilization of assessment data, including progress monitoring data, to inform instruction and support needs of students.

(b) Districts must annually evaluate the implementation of their CERP on the form entitled CERP Reflection Tool, after conducting a root-cause analysis of student performance data to evaluate the effectiveness of interventions. The evaluation must:

1. Analyze elements of the district’s plan, including literacy leadership, literacy coaching, standards, curriculum, instruction, interventions, assessment, professional learning, tutoring services, and family engagement;

2. Include input from teachers, literacy coaches, and administrators at the school level;

3. Identify elements in need of improvement and evidence-based strategies to increase literacy outcomes for students; and

4. Analyze the effectiveness of interventions implemented in the prior year.

(c) Districts must submit the CERP Reflection Tool to Just Read, Florida! via email at JustRead@fldoe.org by June 15 of each year.

(d) The district must use the evaluation to improve implementation of the district’s plan for the following school year to increase student achievement.

(11) The following documents are incorporated by reference in this rule:

(a) District Comprehensive Evidence-Based Reading Plan (CERP) Reflection Tool, Form No. CERP-RT, (http://www.flrules.org/Gateway/reference.asp?No=Ref-18014) effective, May 2023;

(b) 20 U.S.C. s. 7801(21)(A)(i) (http://www.flrules.org/Gateway/reference.asp?No=Ref-12691), effective, December 10, 2015; and

(c) 34 C.F.R. s. 200.2(b)(2)(ii) (http://www.flrules.org/Gateway/reference.asp?No=Ref-12692), effective, December 8, 2016.

These documents may be obtained from the Department at https://www.fldoe.org/academics/standards/just-read-fl/readingplan.stml.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.4201, 1008.25(11) FS. Law Implemented 1001.215, 1003.4201, 1008.25 FS. History–New 6-19-08, Amended 4-21-11, 2-17-15, 12-22-19, 2-16-21, 3-15-22, 2-21-23, 2-20-24, 11-18-24, 5-13-25, 8-19-25.

Fla. Admin. Code R. 6A-6.0530 Summer Bridge Program

(1) Purpose. The purpose of this rule is to set forth the requirements of the Summer Bridge Program in accordance with s. 1008.25(5)(b), F.S. These programs are provided by school districts before enrollment in kindergarten to eligible Voluntary Prekindergarten (VPK) children from private and public VPK providers.

(2) Student Eligibility. A VPK student who scores below the twenty-fifth (25th) percentile on Progress Monitoring (PM) 3 as set forth in Rule 6M-8.620, F.A.C., or who had a non-participation status of “assessment inappropriate,” “failed practice,” or “non-English speaker” on PM 3 is eligible to participate in the Summer Bridge Program the summer before entering kindergarten.

(3) Parental Notification. Every VPK program will provide a parent with the results of PM 3 in accordance with Rule 6M-8.620, F.A.C., including a statement of student eligibility for the Summer Bridge Program.

(4) Instructional Requirements. Instruction in the Summer Bridge Program must:

(a) Consist of four (4) hours per day for a minimum of one hundred (100) hours total;

(b) Be aligned with the Florida Early Learning and Developmental Standards: 4 Years Old to Kindergarten, as described in Rule 6M-8.602, F.A.C., with an emphasis on emergent literacy instruction grounded in the science of reading;

(c) Be delivered face-to-face in a prekindergarten or kindergarten classroom in an elementary school setting with a maximum of 1:12 instructor-student ratio; and

(d) Be led by an instructor who meets the school year or summer prekindergarten instructor qualifications, in accordance with sections 1002.55(3)(c)2., 1002.61(4), and 1002.63(4), F.S., or is holding a valid active Florida educator certificate in Elementary Education K-6 pursuant to Rule 6A-4.0151, F.A.C., Pre-Kindergarten/Primary Education PK-3 pursuant to Rule 6A-4.0142, F.A.C., or Preschool Education Birth-Age 4 pursuant to Rule 6A-4.0141, F.A.C.

(5) School District Requirements. School districts must:

(a) Enroll eligible students who meet district registration requirements;

(b) Keep a daily record of a student’s attendance in the program;

(c) Notify the parent that the enrolled student is eligible to participate in the New Worlds Reading Initiative, as described in s. 1003.485, F.S;

(d) Provide an annual report to the Department by October 1 containing the following information for enrolled students:

1. The student’s name;

2. The student’s FLEID;

3. The number of Summer Bridge Program instructional days the student attended; and

4. The total number of students served by the school district in the Summer Bridge Program.

History

• Rulemaking Authority 1001.02(2)(n), 1002.79 FS. Laws implemented 1008.25(5)(b) FS. History–New 11-18-24, Amended 8-25-26.

Fla. Admin. Code R. 6A-6.0531 Reading Achievement Initiative for Scholastic Excellence (RAISE)

(1) In accordance with Section (s.) 1008.365, Florida Statutes (F.S.), RAISE is established within the Department of Education (Department) to provide instructional supports to school districts, school administrators and instructional personnel in implementing:

(a) Evidence-based reading instruction proven to accelerate progress of students exhibiting a reading deficiency;

(b) Differentiated instruction based on screening, diagnostic, progress monitoring, or summative assessment data; and

(c) Explicit, systematic, and scaffolded reading instruction to develop oral language, phonological awareness, phonics, fluency, vocabulary, and comprehension with more extensive opportunities for guided practice, and corrective feedback.

(2) Identification of RAISE schools. A district school serving students in kindergarten through grade 5 must be identified for supports, regardless of its school grade pursuant to s. 1008.34, F.S., if:

(a) Fifty (50) percent of its students who take the statewide, standardized English Language Arts assessment score below a Level 3 for any grade level; or

(b) Progress monitoring data collected from the coordinated screening and progress monitoring system pursuant to s. 1008.25(9), F.S., shows that fifty (50) percent or more of the students are not on track to pass the statewide, standardized grade 3 English Language Arts assessment for any grade level kindergarten through grade 3; and

(c) At least ten (10) students are present for both the second and third full-time equivalent (FTE) survey periods as specified in Rule 6A-1.0451, Florida Administrative Code (F.A.C.).

(3) Supports for RAISE schools. A school identified for RAISE based on the established criteria must:

(a) Receive support from a State Regional Literacy Director. State Regional Literacy Directors serve in a regional capacity focused on improving implementation of evidence-based practices and programs, instruction and intervention; reading assessments as delineated in District Comprehensive Evidence-Based Reading Plans approved under s. 1003.4201, F.S.; and the reading portion of school improvement plans for schools identified for RAISE supports. State Regional Literacy Directors utilize district-level, school-level and classroom-level data to help provide differentiated support to school districts, school-level literacy leadership teams, coaches and teachers. State Regional Literacy Directors provide supports for schools identified for RAISE, including:

1. Professional learning, aligned to the science of reading and evidence-based strategies identified pursuant to s. 1001.215(7), F.S.;

2. Initial and ongoing professional learning and support for effective implementation of Florida’s Benchmarks for Excellent Student Thinking (B.E.S.T.) Standards for English Language Arts;

3. Professional learning and support for building capacity of school-level literacy leadership teams specified in Rule 6A-6.053, F.A.C.;

4. Professional learning and support for literacy coaches, including delivery of the literacy coach endorsement program; and

5. Assistance with:

a. Data-informed instructional decision-making using progress monitoring and other appropriate data;

b. Consistent, coordinated use of scientifically researched and evidence-based supplemental materials grounded in the science of reading as identified by the Just Read, Florida! Office pursuant to s. 1001.215(7), F.S. Identified reading instructional and intervention programs for foundational skills must not include strategies that employ the three-cueing system model of reading or visual memory as a basis for teaching word reading;

c. Reading instruction in other core subject area curricula, with an emphasis on civic literacy; and

d. A multi-tiered system of supports in order to provide students effective interventions and identify students who may require an evaluation for special educational services, including identifying characteristics of conditions that affect phonological processing, such as dyslexia.

(b) Implement a school improvement plan pursuant to s. 1001.42(18), F.S., or, if the school is already implementing a school improvement plan, the plan must be amended to explicitly address strategies for improving reading performance. The school improvement plan must be submitted through the Florida Continuous Improvement Management System version 2 (CIMS v2) website: https://www.cims2.floridacims.org.

(4) RAISE Tutoring Program. As part of RAISE, the Department has established a tutoring program that prepares eligible high school students to tutor students in kindergarten through grade 3 who attend RAISE schools.

(a) To be eligible to participate as a tutor in the program, a high school student must:

1. Be a rising junior or senior;

2. Have a cumulative grade point average of 3.0 or higher;

3. Have no history of out-of-school suspensions or expulsions;

4. Be on track to complete all core course requirements to graduate; and

5. Have received two (2) written recommendations to serve as a RAISE tutor from present or former high school teachers of record or extracurricular activity sponsors.

(b) Tutoring must occur:

1. During or after the school day;

2. On school district property in the presence and under the supervision of instructional personnel who are school district employees; and

3. Only where a parent has provided written permission to the school district for his or her child to receive tutoring through the program.

(c) School districts participating in the tutoring program may provide a stipend to instructional personnel and high school students serving as tutors for after-school tutoring.

(d) Hours that a high school student devotes to tutoring may be counted toward meeting community service requirements for high school graduation and community service requirements for participation in the Florida Bright Futures Scholarship Program as provided in s. 1003.493(3)(b), F.S.

(e) School districts that wish to participate in the tutoring program must notify the Department at JustRead@fldoe.org and meet the following criteria:

1. School districts must recruit tutors by notifying high school administrators of the opportunity provided by this tutoring program;

2. School districts must train tutors using the materials provided by the Department;

3. School districts must ensure that tutors utilize materials developed by the Department and are provided continuous support;

4. School districts must utilize tutors who meet the criteria set forth in paragraph (4)(a) of this rule;

5. Schools districts must ensure tutoring occurs in compliance with the criteria set forth in paragraph (4)(b) of this rule; and

6. School districts must provide eligible tutors with a recognition certificate and pin, as provided in paragraph (4)(f).

(f) RAISE tutors who provide at least seventy-five (75) hours of tutoring under the program shall be known as New Worlds Scholars.

1. Participating school districts must verify completion of seventy-five (75) tutoring hours and provide these tutors with a New Worlds Scholar Certificate and Pin.

2. Annually, the Department will provide to school districts pins and a certificate template and post at https://www.fldoe.org/academics/standards/just-read-fl/tutoring.stml the deadlines for participating districts to verify tutoring hours and award New Worlds Scholars Certificates and Pins to qualified tutors.

History

• Rulemaking Authority 1001.02(1) FS. 1008.365(9) FS. Law Implemented 1008.365 FS. History–New 6-14-22, Amended 9-26-23, 8-27-24, 9-23-25.

Fla. Admin. Code R. 6A-6.0532 New Worlds Reading Initiative

(1) Administrator. The University of Florida (UF) Lastinger Center is designated as the administrator of the New Worlds Reading Initiative.

(2) District Responsibilities for Implementing the New Worlds Reading Initiative. Each school district must:

(a) Identify a point of contact to serve as the New Worlds Reading Initiative liaison between the school district and the administrator for the initiative, and between the school district and charter schools;

(b) Within thirty (30) days of identifying a student who is eligible for the initiative provide a parent or guardian with:

1. Information on the initiative using marketing materials developed by the administrator;

2. Information on parent training modules and other reading engagement resources available through the administrator of the initiative; and

3. The enrollment link to register for the initiative;

(c) Coordinate with the administrator to initiate book delivery on a monthly basis during the school year, which must begin no later than October and continue through at least June;

(d) Coordinate with each charter school it sponsors for purposes of identifying eligible students, notifying parents, and raising awareness of the initiative; and

(e) Partner with nonprofit organizations to raise awareness of the initiative through the following means:

1. The student handbook and the read-at-home plan under Section 1008.25(5)(e), F.S.;

2. A parent or curriculum night or separate initiative awareness event at each elementary school; and

3. Partnering with the county library to host awareness events, which should coincide with other initiatives such as library card drives, family library nights, summer access events, and other family engagement programming.

(3) This rule will be reviewed and repealed, modified or renewed through the rulemaking process five years from the effective date.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.485(5)(d) FS. Law Implemented 1003.485, 1008.25(5)(d)9. FS. History–New 8-16-22.

Fla. Admin. Code R. 6A-6.0533 Determining a Substantial Deficiency in Early Mathematics Skills and Substantial Deficiency in Mathematics

(1) Purpose. The purpose of this rule is to set forth the requirements for determining and addressing a substantial deficiency in early mathematics skills for students in a Voluntary Prekindergarten (VPK) educational program and a substantial deficiency in mathematics for students in grades kindergarten through 4.

(2) Definitions.

(a) “District” means a Florida school district or district school board, the Florida Virtual School (s. 1002.37, F.S.), the Florida School for the Deaf and the Blind (s. 1002.36, F.S.), Developmental Research (Laboratory) Schools (s. 1002.32, F.S.), and a university or Florida College System institution (s. 1002.33(5), F.S.) that sponsors one or more charter schools.

(b) “Voluntary Prekindergarten” (VPK) means a state-funded program that covers the cost of a set number of hours of prekindergarten instruction to children who turn four (4) years of age on or before September 1 of the school year for which they are eligible to attend as provided in Part V of Chapter 1002, F.S.

(c) “Trained tutor” means:

1. A high school student who meets the following criteria:

a. Be a rising junior or senior;

b. Have a cumulative grade point average of 3.0 of higher;

c. Have no history of out-of-school suspensions or expulsions;

d. Be on track to complete all core course requirements to graduate;

e. Have earned at least three (3) credits in mathematics; and

f. Have received two (2) written recommendations to serve as a trained tutor from present or former high school teachers of record or extracurricular activity sponsors; and

g. Have completed the Division of Early Learning developed math professional learning course for tutors of students in VPK or a district-identified training for tutors of students in grades K-4; or

2. An adult who meets the following criteria:

a. Complete the Division of Early Learning developed math professional learning course, if tutoring students in VPK; and

b. Complete forty (40) hours of professional learning on instructional strategies in grades K-4 math, if tutoring students in grades K-4.

(3) Planning for Learning and Teaching of Mathematics. Mathematics instruction must align with Florida’s Mathematics Formula for Success. This formula, 5+5+T1+T2+T3, describes five (5) characteristics of high-quality mathematics instruction, five (5) types of assessments and three (3) tiers (T1, T2 and T3) of mathematics instruction and intervention that promote student success.

(a) The five (5) characteristics of high-quality mathematics instruction include: horizontal and vertical alignment, balanced instructional approaches, student-centered, instruction informed by assessment(s), and implementing tiered instruction.

(b). The five (5) types of assessments are: screening, progress monitoring (PM), diagnostic, formative and summative.

(c) Tiered instruction (T1, T2 and T3) includes Tier 1 provided to all students, supplemental or Tier 2 intervention for students needing additional support, and intensive or Tier 3 intervention for students whom data indicate a need for more intensive, individualized instruction/intervention. Tiered instruction is standards-aligned; includes accommodations for students with a disability, students with an Individual Educational Plan (IEP) and students who are English language learners (ELLs); and incorporates the principles of Universal Design for Learning (UDL) as defined in Title 34 Code of Federal Regulations Section 200.2(b)(2)(ii). When data indicate that a student needs more intensive support of Tier 2 or Tier 3, those interventions must be provided in addition to, not in place of, Tier 1. Tier 2 and 3 interventions must be aligned with Tier 1 and include additional instructional time focused on critical skills and content.

1. Tier 1 (core) instruction is instruction that is accessible to all students. A Tier 1 intervention is a change or adjustment made to core instruction for all students based on data. Tier 1 interventions are implemented when data indicate that the majority or a high percentage of students in a large group (e.g., class, grade level, school) are performing below expectation.

2. Tier 2, or supplemental instruction and intervention, is provided to students not meeting expectations. Tier 2 is often delivered to small groups of students who will likely benefit from instruction focused on the same target skill(s). Tier 2 occurs in addition to Tier 1 (core) instruction.

3. Tier 3, or intensive instruction and intervention, is intended for students experiencing significant barriers to learning. Tier 3 can be provided one-on-one or in very small groups. Tier 3 occurs in addition to Tier 1 (core) instruction and Tier 2.

(4) Substantial Deficiency in Early Mathematics Skills. A VPK student is identified as having a substantial deficiency in early mathematics skills as described below.

(a) If the student scores below the tenth (10th) percentile at the middle (PM2) or the end of the year (PM3) test administrations of the coordinated screening and progress monitoring system pursuant to s. 1008.25(9), F.S., or is unable to complete the practice items at the middle (PM2) or the end of the year (PM3) test administrations of the coordinated screening and progress monitoring system pursuant to s. 1008.25(9), F.S.; and

(b) Through observation and informal assessment has demonstrated less than fifty (50) percent achievement of the mathematical thinking standards adopted for use in VPK programs per s. 1002.67, F.S.

(5) Substantial Deficiency in Mathematics. A student in kindergarten through grade 4 is identified as having a substantial deficiency in mathematics based upon a minimum of five (5) data points as described below

(a) For kindergarten, if the student scores below the tenth (10th) percentile on various assessments including screening, diagnostic, formative, summative, progress monitoring, or the coordinated screening and progress monitoring system pursuant to s. 1008.25(6), F.S.; and if the student has demonstrated minimum skill levels for mathematics competencies in one or more of the areas of emphasis for that grade level. In Kindergarten, areas of emphasis include:

1. Developing an understanding of counting to represent the total number of objects in a set and to order the objects within a set;

2. Developing an understanding of addition and subtraction and the relationship of these operations to counting; and

3. Measuring, comparing, and categorizing objects according to various attributes, including their two- and three-dimensional shapes.

(b) For grade 1, if the student scores below the tenth (10th) percentile on various assessments including screening, diagnostic, formative, summative, progress monitoring, or the coordinated screening and progress monitoring system pursuant to s. 1008.25(6), F.S.; and if the student has demonstrated minimum skill levels for mathematics competencies in one or more of the areas of emphasis for that grade level. In grade 1, areas of emphasis include:

1. Understanding the place value of tens and ones within two-digit whole numbers;

2. Extending understanding of addition and subtraction and the relationship between them;

3. Developing an understanding of measurement of physical objects, money and time and

4. Categorizing, composing and decomposing geometric figures.

(c) For grade 2, if the student scores below the tenth (10th) percentile on various assessments including screening, diagnostic, formative, summative, progress monitoring, or the coordinated screening and progress monitoring system pursuant to s. 1008.25(6), F.S.; and if the student has demonstrated minimum skill levels for mathematics competencies in one or more of the areas of emphasis for that grade level. In grade 2, areas of emphasis include:

1. Extending understanding of place value in three-digit numbers;

2. Building fluency and algebraic reasoning with addition and subtraction;

3. Extending understanding of measurement of objects, time and the perimeter of geometric figures; and

4. Developing spatial reasoning with number representations and two-dimensional figures.

(d) For grade 3, if the student scores below the tenth (10th) percentile on various assessments including screening, diagnostic, formative, summative, progress monitoring, or the coordinated screening and progress monitoring system pursuant to s. 1008.25(6), F.S.; and if the student has demonstrated minimum skill levels for mathematics competencies in one or more of the areas of emphasis for that grade level. In grade 3, areas of emphasis include:

1. Adding and subtracting multi-digit whole numbers, including using a standard algorithm;

2. Building an understanding of multiplication and division, the relationship between them and the connection to area of rectangles;

3. Developing an understanding of fractions; and

4. Extending geometric reasoning to lines and attributes of quadrilaterals.

(e) For grade 4, if the student scores below the tenth (10th) percentile on various assessments including screening, diagnostic, formative, summative, progress monitoring, or the coordinated screening and progress monitoring system pursuant to s. 1008.25(6), F.S.; and if the student has demonstrated minimum skill levels for mathematics competencies in one or more of the areas of emphasis for that grade level. In grade 4, areas of emphasis include:

1. Extending understanding of multi-digit multiplication and division;

2. Developing the relationship between fractions and decimals and beginning operations with both;

3. Classifying and measuring angles; and

4. Developing an understanding for interpreting data to include mode, median and range.

(6) Notification to Parents.

(a) Parents of students with a substantial deficiency in mathematics must be notified by the school district in writing of the information listed in s. 1008.25(6)(c)1.-5., F.S., and consulted in the development of a plan to address the deficiency as described in subsection (7) of this rule.

(b) Timing of Notification. The initial parental notification must occur immediately after a school district determines that a student has a substantial deficiency and identifies the student’s specific area or type of deficiency with sufficient specificity to tailor interventions.

(7) Required Plan and Interventions.

(a) Interventions. Student with a substantial deficiency in early mathematics skills in a VPK educational program provided by a public school or a substantial deficiency in mathematics in grades K-4 or who exhibit the characteristics of dyscalculia must be provided with daily small group intervention during the school day or supplemental interventions provided before or after school or both, as described in s. 1008.25(6)(a)1. and 2., F.S.

1. Timing of Interventions. Interventions must begin immediately after a school district determines that a student has a substantial deficiency or exhibits the characteristics of dyscalculia and identifies the student’s specific area or type of deficiency with sufficient specificity to tailor interventions.

2. Interventions Based upon Diagnosis. In addition to identification of a student by a school district for interventions based upon the criteria set forth in subsections (4) or (5) of this rule, the requirement to provide interventions is triggered based upon receipt of written documentation from a professional licensed under chapter 490, F.S., which diagnoses a student with dyscalculia.

3. For grades K-4, supplemental interventions provided before or after school must be delivered by an educator with a bachelor’s degree or higher who holds an active valid Florida Educator Certificate as defined in s. 1012.56, F.S., or a trained tutor as defined in paragraph (2)(c) of this rule. If the tutor is a student, tutoring must occur on school district property in the presence and under the supervision of instructional personnel who are school district employees and only where a parent has provided written permission.

4.VPK supplemental interventions provided before or after school must be delivered by an instructor who meets the school year or summer prekindergarten instructor qualifications, in accordance with sections 1002.55(3)(c)2., 1002.61(4), and 1002.63(4), F.S., or by an educator with a bachelor’s degree or higher who holds an active valid Florida Educator Certificate as defined in s. 1012.56, F.S., or a trained tutor as defined in paragraph (2)(c) of this rule. If the tutor is a student, tutoring must occur on school district property in the presence and under the supervision of instructional personnel who are school district employees and only where a parent has provided written permission.

(b) Progress Monitoring Plan. Except as provided in paragraph (7)(c) of this rule, students identified with a substantial deficiency in mathematics for grades Kindergarten through 4 must have an individualized progress monitoring plan that is in writing, provided to parents and designed to address the student’s specific mathematics deficiency. A progress monitoring plan must meet the following requirements:

1. The plan must include the information set forth in s. 1008.25(4)(c), F.S.;

2. The plan must include an explanation of the timing of progress reports, which must be provided to parents at least monthly, the process for a parent to request more interventions and the process for a parent to request more frequent notification of the student’s progress;

3. The plan must include an explanation of how the district will determine grade level proficiency for the purpose of discontinuing interventions; and

4. The plan must be developed as soon as the identification occurs as described in subsections (4) or (5) of this rule and no later than forty-five (45) school days after the results of the coordinated screening and progress monitoring system become available.

(c) Exemption from Requirement for a Progress Monitoring Plan. Students with qualifying disabilities addressed by an Individual Educational Plan (IEP) under the Individuals with Disabilities Education Act or a 504 Plan under Section 504 of the Rehabilitation Act of 1973 are exempt from the requirement to have an individualized progress monitoring plan, if the IEP or 504 Plan addresses the student’s mathematics deficiency. Nothing in this rule should be construed to require or prohibit the development or review of an IEP or 504 Plan or prescribe the contents of these plans.

History

• Rulemaking Authority 1001.02(1),(2)(n) FS. Law Implemented 1008.25(6)(a) FS. History–New 9-26-23, Amended 11-18-24, 9-23-25.

Fla. Admin. Code R. 6A-6.054 K-12 Student Reading Intervention Requirements

History

• Rulemaking Authority 1001.02(2), 1003.4156, 1003.428, 1008.25 FS. Law Implemented 1001.215, 1008.25, 1003.4156, 1003.428 FS. History–New 5-19-08, Amended 4-21-11, 5-21-13, Repealed 10-26-15.

Fla. Admin. Code R. 6A-6.055 Definitions of Terms Used in Vocational Education and Adult Programs

History

• Rulemaking Authority 1001.03(12) FS. Law Implemented 229.551(1)(g), 233.068, 239.205, 1000.04(1), (2) FS. History–New 8-9-68, Amended 4-11-70, 9-17-72, 4-19-74, Repromulgated 12-5-74, Amended 5-25-82, Formerly 6A-6.55, Amended 7-20-89, 9-28-99, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.056 General Requirements for Vocational Education Instruction Funds

History

• Rulemaking Authority 229.053(1), 231.15, 233.0682, 236.081(1)(c) FS. Law Implemented 229.555(2)(a)3., 231.15, 233.0682, 236.081(1)(c) FS. History–New 8-9-68, Amended 2-18-74, 4-19-74, 12-5-74, 3-30-81, 7-6-82, Formerly-6A-6.56, Transferred to 6A-10.35.

Fla. Admin. Code R. 6A-6.057 Determination and Allocation of Vocational Education Funds

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 236.081(1)(c) FS. History–New 8-9-68, Amended 9-17-72, 2-18-74, 6-17-74, 12-5-74, Formerly-6A-6.57, Repealed 5-2-90.

Fla. Admin. Code R. 6A-6.0571 Career and Technical Education and Adult General Education Standards and Industry-Driven Benchmarks

(1) Section 1004.92, F.S., requires the Department of Education to develop program standards and industry-driven benchmarks for career and technical education and adult and community education programs. The criteria for qualification of individual courses for inclusion in the classification of secondary career education programs prescribed in Section 1011.80, F.S., or Workforce Development Education programs as prescribed in Section 1011.62, F.S., are annually adopted by the State Board and shall be published by the Commissioner in the curriculum frameworks, as follows:

“Agriculture, Food & Natural Resources (http://flrules.org/Gateway/reference.asp?No=Ref-19530) Effective June 2026,”

“Architecture & Construction (http://flrules.org/Gateway/reference.asp?No=Ref-19531) Effective June 2026,”

“Arts, A/V Technology & Communication (http://www.flrules.org/Gateway/reference.asp?No=Ref-19532) Effective June 2026,”

“Business, Management & Administration (http://flrules.org/Gateway/reference.asp?No=Ref-19533) Effective June 2026,”

“Education & Training (http://www.flrules.org/Gateway/reference.asp?No=Ref-19534) Effective June 2026,”

“Energy (http://www.flrules.org/Gateway/reference.asp?No=Ref-19535) Effective June 2026,”

“Finance (http://flrules.org/Gateway/reference.asp?No=Ref-19536) Effective June 2026,”

“Government & Public Administration (http://www.flrules.org/Gateway/reference.asp?No=Ref-19537) Effective June 2026,”

“Health Science (http://www.flrules.org/Gateway/reference.asp?No=Ref-19538) Effective June 2026,”

“Hospitality & Tourism (http://www.flrules.org/Gateway/reference.asp?No=Ref-19539) Effective June 2026,”

“Human Services (http://www.flrules.org/Gateway/reference.asp?No=Ref-19540) Effective June 2026,”

“Information Technology (http://www.flrules.org/Gateway/reference.asp?No=Ref-19541) Effective June 2026,”

“Law, Public Safety & Security (http://www.flrules.org/Gateway/reference.asp?No=Ref-19542) Effective June 2026,”

“Manufacturing (http://www.flrules.org/Gateway/reference.asp?No=Ref-19543) Effective June 2026,”

“Marketing, Sales & Service (http://www.flrules.org/Gateway/reference.asp?No=Ref-19544) Effective June 2026,”

“Engineering and Technology Education (http://www.flrules.org/Gateway/reference.asp?No=Ref-19545) Effective June 2026,”

“Transportation, Distribution & Logistics (http://flrules.org/Gateway/reference.asp?No=Ref-19546) Effective June 2026,”

“Additional CTE Programs/Courses (http://flrules.org/Gateway/reference.asp?No=Ref-19547) Effective June 2026,” and

“Adult General Education (http://www.flrules.org/Gateway/reference.asp?No=Ref-19548) Effective June 2026.”

These frameworks are hereby incorporated by reference in this rule. Copies of these publications may be obtained from the Division of Career and Adult Education, Department of Education, The Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399 or from the Department’s website at https://origin.fldoe.org/academics/career-adult-edu/career-tech-edu/curriculum-frameworks/ and https://origin.fldoe.org/academics/career-adult-edu/adult-edu/.

(2) Commissioner of Education waiver authority. The Commissioner of Education may approve a school’s waiver request submitted by a district school board or the Florida College System Institution’s board of trustees to allow the school or institution to substitute locally approved intended outcomes for State Board approved outcomes included in the documents titled as follows: “Agriculture, Food & Natural Resources,” “Architecture & Construction,” “Arts, A/V Technology & Communication,” “Business, Management & Administration,” “Education & Training,” “Energy,” “Finance,” “Government & Public Administration,” “Health Science,” “Hospitality & Tourism,” “Human Services,” “Information Technology,” “Law, Public Safety & Security,” “Manufacturing,” “Marketing, Sales & Service,” “Engineering and Technology Education,” “Transportation, Distribution & Logistics,” “Additional CTE Programs/Courses,” and “Adult General Education,” provided that:

(a) The framework does not identify occupations requiring state or federal licensure, certification or registration;

(b) Locally approved outcomes specified for the state approved program adequately address the major concepts/content contained in the curriculum framework; and,

(c) The waiver request fulfills the provisions of Section 1001.10, F.S.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.4282(11), 1004.92(2)(b)3. FS. Law Implemented 1004.92(2)(b)4., 1003.4282 FS. History–New 10-30-78, Amended 10-23-79, 5-29-80, 7-9-81, 7-6-82, 5-29-83, 6-14-84, 7-10-85, Formerly 6A-6.571, Amended 7-9-86, 7-22-87, 8-30-88, 7-31-90, 7-31-91, 7-31-92, 7-31-93, 7-31-94, 4-30-96, 1-23-00, 7-21-08, 4-21-09, 5-3-10, 10-25-11, 6-18-12, 5-21-13, 5-18-14, 5-19-15, 6-23-16, 4-25-17, 4-30-18, 9-18-18, 6-25-19, 6-16-20, 2-16-21, 7-14-21, 11-23-21, 6-5-22, 5-23-23, 11-21-23, 4-30-24, 9-24-24, 12-24-24, 5-13-25, 12-21-25, 6-17-26, Technical Change 6-19-26.

Fla. Admin. Code R. 6A-6.0572 Fees for Students in Postsecondary Adult Vocational Programs and Courses in School Districts

History

• Rulemaking Authority 228.061(2), 229.053(1), 230.645 FS. Law Implemented 228.061(2), 229.053(1), 230.645 FS. History–New 7-16-81, Amended 7-6-82, 12-7-82, 12-19-84, Formerly-6A-6.572, Repealed 12-28-86.

Fla. Admin. Code R. 6A-6.0573 Industry Certification Process

History

• Rulemaking Authority 1001.02, 1003.4203(9), 1003.492(3), 1008.44, 1011.62(1) FS. Law Implemented 1003.4203, 1003.492, 1003.493, 1003.4935, 1008.44, 1011.62(1), 1012.796 FS. History–New 10-20-08, Amended 8-18-09, 6-22-10, 6-21-11, 10-25-11, 8-23-12, 3-25-13, 11-3-13, 6-25-14, 11-4-14, 5-19-15, 9-30-15, 7-26-16, 10-30-16, 4-25-17, 10-17-17, 6-19-18, 11-28-18, 2-19-19, 6-25-19, 10-24-19, 6-16-20, 10-27-20, 7-14-21, 9-21-21, 5-3-22, Repealed 9-20-22.

Fla. Admin. Code R. 6A-6.05731 Industry Certification of Automotive Service Technology Education Programs

History

• Rulemaking Authority 1004.925 FS. Law Implemented 1004.925(2), (3) FS. History–New 2-1-11, Repealed 12-24-24.

Fla. Admin. Code R. 6A-6.05732 Reimbursement for Workers’ Compensation Insurance Premiums

(1) Definitions. In this rule, the following terms are defined as follows:

(a) “Department” means the Florida Department of Education;

(b)“Educational institution” means a district school board operated school under Section 1003.01, F.S., a charter school operated under Section 1002.33, F.S., a school district operated career center under Section 1001.44, F.S., a school district operated charter technical career center under Section 1002.34, F.S., or a Florida College System (FCS) institution under Section 1000.21, F.S.;

(c) “Employer” means the definition provided in Section 440.02(16), F.S., and includes a school district and a FCS institution that have students participating in unpaid work-based learning opportunities; and

(d) “Work-based learning opportunities” means the definition provided in Section 446.0915, F.S., and the standards set forth in Rule 6A-23.0042, F.A.C.

(2) Reimbursement for Workers’ Compensation Premiums. An employer may apply to be reimbursed for an increase in the employer’s workers compensation premiums attributable to including a student participating in a work-based learning opportunity under the employer’s workers’ compensation insurance.

(a) All requests for reimbursement must be submitted to the Department’s Comptroller’s Office by email at WCReimbursement@fldoe.org, or by mail at the following address: Florida Department of Education, Bureau of the Comptroller, 325 West Gaines Street, 914 Turlington Building, Tallahassee, Florida 32399-0400.

(b) At least forty-five (45) days before the deadline, the Department will annually notify school districts and FCS institutions of the deadline for submission of requests for reimbursements.

(c) Requests for reimbursements can include any period within a given fiscal year from July 1 through June 30 of the fiscal year and are limited to the fiscal year identified in the notice.

(d) The educational institution where the student is or was enrolled while participating in a work-based learning opportunity must submit requests for reimbursements on behalf of employers. The Department will not consider requests made directly from an employer, unless the educational institution is the employer.

(e) Requests for reimbursement must include the following information:

1. The total number of students participating in work-based learning opportunities with the employer;

2. The number of students who are participating in paid and unpaid work-based learning opportunities with the employer;

3. Confirmation that students were eighteen (18) years of age or younger during the time when participating in the work-based learning opportunity and for which reimbursement is sought;

4. A description of the method of determining the proportionate share of the employer’s workers’ compensation insurance attributable to student(s) in work-based learning opportunities;

5. The dollar amount sought to be reimbursed;

6. The employer’s name, telephone number, email address and an identifying number, such as (FEIN number); and

7. A statement by the employer agreeing to maintain documentation supporting the information described in paragraph (2)(e) for a minimum of five (5) years.

(3) Responsibility of Educational Institutions. The educational institutions where a student is enrolled in a work-based learning opportunity must adopt procedures for the following:

(a) Providing notice to employers of the opportunity to submit for reimbursement;

(b) Establishing deadlines for submission of requests to the educational institution;

(c) Reviewing requests by employers for compliance with the requirements of this rule and providing the opportunity for employers to provide supplemental or corrected information;

(d) Submitting requests that provide the information required by paragraph (2)(e) of this rule to the Department;

(e) Distributing reimbursements authorized by the Department to employers; and

(f) Designating a person at the institution to respond to inquiries about reimbursement by the Department and by employers.

(4) Reimbursement by the Department.

(a) The Department will review requests to ensure that each request includes the information required by this rule and that each request for reimbursement is limited to an increase in the employer’s workers compensation premiums attributable to the inclusion of a student participating in a work-based learning opportunity, in the employer’s workers compensation insurance.

(b) Should the amount requested for reimbursement exceed the total amount appropriated for this purpose, reimbursements will be prorated by the Department.

History

• Rulemaking Authority 446.54, 1001.02(1), (2)(n) FS. Law Implemented 446.54 FS History–New 5-3-22.

Fla. Admin. Code R. 6A-6.0574 CAPE Postsecondary Industry Certification Funding List

History

• Rulemaking Authority 1001.02(1), (2)(n), 1008.44, 1011.80, 1011.81 FS. Law Implemented 1008.44, 1011.80, 1011.81 FS. History‒New 1-1-14, Amended 11-4-14, 12-2-15, 10-30-16, 4-30-18, 8-21-18, 4-22-19, 12-22-19, 10-27-20, 9-21-21, Repealed 9-20-22.

Fla. Admin. Code R. 6A-6.0575 Clock Hour Dual Enrollment for School and District Accountability

(1) Purpose. The purpose of this rule is to:

(a) Aid student acceleration, as part of the College and Career Acceleration component framework in subparagraph 6A-1.09981(4)(c)2. F.A.C.;

(b) Specify the procedures, course requirements, and reporting criteria for clock hour dual enrollment courses for inclusion in the College and Career Acceleration component in school and district grades in Rule 6A-1.09981, F.A.C.; and

(c) Adopt a clock hour career dual enrollment course list for eligibility in the school and district grading calculation in Rule 6A-1.09981, F.A.C.

(2) Definitions. The following definitions shall be used in this rule and incorporated documents.

(a) “Clock hour dual enrollment courses” means postsecondary courses creditable toward high school completion and a career certificate or an applied technology diploma degree, measured in clock hours.

(b) “Completion” means the awarding of high school credit upon student completion of the entire clock hour course. Withdrawals, incompletes, and letter grades that do not result in credit are not completions.

(3) In order for a clock hour course to be included in the College and Career Acceleration component of the school and district grading calculation, the following conditions must be met:

(a) The course is included on the annually adopted “Clock Hour Dual Enrollment Course List for School and District Accountability;”

(b) The course or courses completed total at least three-hundred (300) clock hours;

(c) The course or courses totaling at least three-hundred (300) clock hours are included in the same program, as designated by the name and program number on the incorporated list beginning with the 2020-2021 year or thereafter; and

(d) The program in which the course is included must be identified by the Department as leading to an industry certification on the CAPE Industry Certification Funding list as specified in Sections 1008.44 and 1011.62(1), F.S., and adopted in Rule 6A-6.0576, F.A.C., for the year in which the course was taken.

(4) The “2024-2025 Clock Hour Dual Enrollment Course List for School and District Accountability”, effective December 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18873) is incorporated by reference in this rule. The list may be obtained from the Department of Education, Room 744, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399.

(5) Reporting Criteria.

(a) Any eligible course must be reported on the Student Course Transcript Information of the Student Information System for K-12 reporting, as referenced in Rule 6A-1.0014, F.A.C.

(b) A course may only be reported upon student completion of the entire course.

(c) Clock hour dual enrollment courses will only be eligible for inclusion in school and district accountability upon the completion of a course or courses totaling three-hundred (300) or more clock hours.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1008.34(6) FS. Law Implemented 1008.34(3) FS. History–New 7-14-21, Amended 11-23-22, 11-21-23, 12-24-24, 12-21-25.

Fla. Admin. Code R. 6A-6.0576 CAPE Industry Certification Funding List

(1) Purpose. The purpose of this rule is to specify the procedures and timelines for implementation of an industry certification process and adoption of the CAPE Industry Certification Funding List.

(2) Definitions. The following definitions must be used in this rule and incorporated documents:

(a) “CAPE” means career and professional education.

(b) “CAPE Industry Certification Funding List” or “Funding List” means the list of industry certifications and certificates adopted by the State Board of Education for implementation of the Florida Career and Professional Education Act. Certifications and certificates identified on the Funding List are assigned additional funding, as specified in Sections 1008.44 and 1011.62, F.S.

(c) “CAPE Acceleration Industry Certifications” means certifications identified on the Funding List pursuant to the requirements in Sections 1003.4203(4) and 1008.44(1), F.S. These certifications have statewide articulation agreements for fifteen (15) or more college credits in a related postsecondary associate degree program.

(d) “CAPE Digital Tool Certificates” means certificates identified on the Funding List pursuant to the requirements in Sections 1003.4203(2) and 1008.44(1)(b), F.S. These certificates assess digitals skills that are necessary for a student’s academic work.

(e) “Basic CAPE Industry Certifications” means certifications identified on the Funding List pursuant to the requirements in Sections 1003.4203(3) and 1008.44(1), F.S. An industry certification is a voluntary process through which students are assessed by an independent, third-party certifying entity using predetermined standards for knowledge, skills, and competencies, resulting in the award of a credential. These certifications either do not have a statewide articulation agreement for college credit or have a statewide articulation agreement for no more than fourteen (14) college credits in a related postsecondary associate degree program.

(f) “Career-themed course” means a course as defined in Section 1003.493(1)(b), F.S., offered in secondary schools which meets the requirements in Section 1003.493(4), F.S. This may be any course available to students in grades 6-12 with career education content related to an industry certification.

(g) “Career and technical education program or program of study” means a career preparatory, technology education apprenticeship, or pre apprenticeship program with a curriculum framework adopted by the State Board of Education in Rule 6A-6.0571, F.A.C. The courses for this program are identified in each curriculum framework with a course sequence. Career and technical education programs or programs of study, along with dual enrollment courses that may be substituted for these programs are included on the Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions List.

(h) “Career and Technical Education Program Concentrator” or “CTE Concentrator” means a student who has completed at least three course sequences in a secondary career and technical program identified on the Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions List. Each approved career dual enrollment course counts as a course sequence in a program. At least one of the courses completed must be a secondary CTE course in the curriculum framework for that program.

(i) “CAPE Pathway Completer” means a student who is a CTE Concentrator in a program who has earned an industry certification related to the program of concentration as identified on the Secondary Career and Technical Education Program to Certification Linkage List.

(j) “Master Credentials List” means the industry certification and digital tool certificate list adopted by Credentials Review Committee and CareerSource Florida and transmitted to the Department in accordance with Section 445.004, F.S. This list includes industry certifications and digital tool certificates, which must be used to determine eligibility for inclusion on the Funding List.

(k) “Monitor” is the individual assigned to independently observe the administration of an industry certification exam.

(l) “Proctor” is the individual assigned to administer industry certification exams.

(m) “Remote proctoring” is the process of taking an exam while the test taker is in one location and the virtual proctor is in another location.

(n) “Virtual proctor” is a live human who remotely watches the test taker during the exam. This person must see the test candidate and the exam synchronously, as well as the environment in which the test is taken.

(3) Adoption of the Master Credentials List. The 2025-2026 Master Credentials List submitted to the Department by CareerSource Florida is adopted by the State Board of Education and incorporated by reference in this rule.

(4) Adoption of the annual Funding List. The 2025-26 Funding List is composed of industry certifications and certificates as specified in Sections 1008.44 and 1011.62, F.S.

(a) The list includes the following certifications and certificates:

1. CAPE Industry Certifications;

2. CAPE Acceleration Industry Certifications; and,

3. CAPE Digital Tool Certificates.

(b) Industry certifications on the Funding List are designated as postsecondary funding eligible in accordance with Sections 1011.80 and 1011.81, F.S., based upon the postsecondary funding recommendation provided by CareerSource Florida on the Master Credentials List.

(c) The Funding List contains waivers of age, grade level, diploma or degree, and post-graduation work experience. Students earning a certification with a waived requirement may be reported for funding if the student completed all requirements for earning the certification except for the waived component.

(d) The Funding List includes grade level limitations for funding as specified in s. 1008.44(4)(b), F.S. For students earning industry certifications who were not in the grade levels identified on the list, the industry certification may still be reported for other purposes, but may not be included in the Academic Acceleration Options Supplemental Funding calculation in s. 1011.62(17), F.S. Funds generated for a district from the Academic Accelerations Options Supplemental Funding may not be used to support the industry certification attainment of students who are not in the approved grade levels.

(5) General requirements for inclusion on the Funding List for Basic CAPE Industry Certifications, CAPE Acceleration Industry Certifications and any certification approved for CAPE postsecondary funding eligibility.

(a) Effective for the 2025-26 CAPE Industry Certification Funding List, each certification must meet the following criteria:

1. The certification must result in the award of a time-limited certificate or badge, signed or issued by a representative of the certifying agency, documenting successful completion of written and/or performance-based assessments.

2. The certification must be developed and issued by a third-party certifying agency which is a recognized industry, trade, or professional entity for the occupations to which the credential is linked, a vendor-neutral certification provider, or a state or federal regulatory body for the related occupations.

3. The certifying agency must require all assessments to be delivered in a proctored environment where assessment delivery is overseen by an authorized individual who ensures the identity of the test taker and the security of the testing environment.

4. The certifying agency must require the exam questions be delivered in a secure manner and not be available to the test proctor for an extended period of time, other than the time necessary to receive, distribute, and return any written materials to the scoring entity.

5. The certifying agency must require that written examinations be scored by the certifying agency.

6. The certifying agency must have a testing time limit established for all written assessments required to earn the industry certification and this requirement must apply to all individuals seeking to earn the certification, notwithstanding accommodations for students with disabilities.

7. The certifying agency must provide publicly available and downloadable documentation related to the standards and requirements on the certifying agency’s website. At a minimum, the following information must be publicly posted: test blueprint, minimum performance level(s), proctoring requirements, the exam registration process, and process for approval of accommodations for candidates with disabilities.

8. The industry certification must be obtainable by a candidate for the credential without use of specific courseware or curriculum, notwithstanding any state or federal requirements for a license to practice in an occupation.

(b) If an industry certification is on the 2024-25 CAPE Industry Certification Funding List and the requirements for inclusion above cannot be documented by July 15, 2025, the certification is flagged for removal on the 2025-26 funding list and scheduled for removal from the 2026-27 list. All new industry certifications submitted for consideration for addition to the funding list as specified in subsection (7) must meet these requirements to be considered for inclusion on the 2025-26 list and subsequent years.

(c) For any credential flagged for removal from the next year’s funding list, school districts may submit documentation and request an updated review to verify a certification’s compliance with these eligibility requirements by the last business day in November each year. Requests for review must be submitted in writing to industrycertification@fldoe.org. Upon receipt of the request, the Department will review documentation provided. If a certification’s eligibility is substantiated, the flag will be removed in the next scheduled rule amendment or on the adopted list for the subsequent year.

(6) Designation of K-12 funding eligibility on the Funding List. In order for a certification or digital tool certificate to be eligible for additional funding pursuant to Section 1011.62, F.S., the following criteria must be met:

(a) To be included as a CAPE Industry Certification or a CAPE Acceleration Industry Certification on the Funding List, a certification must:

1. Be on the Master Credentials List,

2. Be requested by a school district for inclusion with Florida Education Finance Program (FEFP) funding eligibility,

3. Be achievable by students in a secondary level program or a career dual enrollment program offered by a school district,

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

5. Be achievable without the requirement for the use of a specific curriculum in order to sit for the certification.

(b) To be included as a CAPE Acceleration Industry Certification, the certification must have a statewide articulation agreement approved by the State Board of Education in Rule 6A-10.0401, F.A.C., with fifteen (15) or more college credits.

(c) To be included as a CAPE Digital Tool Certificate, the certificate must be designated on the 2024-2025 Master Credentials List as a certificate as of June 30, 2023, or be approved by the Department of Education as specified in Sections 1003.4203(2) and 1008.44(1), F.S.

1. School districts career and professional education directors may request a review of assessments and credentials for approval as CAPE Digital Tool Certificates during a submission window from the first business day in March to first business day in April of each year. Submissions will be reviewed for approval for the following academic year. Form FCAPE-05, CAPE Digital Tool Certificate Submission Form, must be utilized by school districts for submission of new CAPE Digital Tool Certificates.

2. For Department of Education approval as a CAPE Digital Tool Certificate and inclusion on the Funding List, the assessment of digital skills must:

a. Require a written examination for students which is designed to award a certificate only when a student demonstrates competency or proficiency in the content area;

b. Be developed by a third party and administered in accordance with the test administration procedures specified by the certifying agency;

c. Require all written examinations be proctored;

d. Require the exam questions be delivered in a secure manner and not available to the test proctor for an extended period of time, other than the time necessary to receive, distribute, and return any written materials to the scoring entity;

e. Require that the written examinations be scored by the certifying agency; and,

f. Demonstrate proficiency of students in targeted skills necessary to the student’s academic work and skills the student may need in future employment.

(7) School District Requests for an Industry Certification for FEFP Funding Eligibility and Secondary Career and Technical Education Program Linkages. School districts may request an industry certification approved on the Master Credentials List for FEFP funding eligibility and industry certification linkages to secondary career and technical education program or program of study during an annual submission window. The request window allows school districts to submit information for the following purposes: request FEFP funding eligibility and program linkages for an industry certification which was added to the Master Credentials List since the last funding list adoption; request FEFP funding eligibility and program linkages for an industry certification on the Master Credentials List which only has postsecondary funding eligibility on the most recent CAPE funding list; and, request new program linkages for certifications that are already approved for the CAPE funding list.

(a) The submission window for each academic year occurs from the March 5 to April 1 time period, preceding the beginning of the K-12 academic year.

(b) The request must demonstrate that the certification meets the requirements for inclusion on the CAPE funding list as specified in subsection (5) and paragraph (6)(a) of this rule.

(c)The request submitted by the district’s career and technical education director or other individual authorized by the superintendent must use Form FCAPE-06, Florida Career and Professional Education Act Funding and Program Request, and must include the following information: request type, valid certification code and name from the Master Credentials List, valid secondary career and technical education program number and program title, a minimum of fifteen (15) unique standards from the approved secondary career and technical education program curriculum framework adopted by the State Board of Education in Rule 6A-6.0571, F.A.C., a link to the test blueprint or other similar document on the standards assessed by the industry certification, and submitter information including district, name of submitter and contact information.

(d) The certification to program linkage request will be reviewed to determine whether the skills assessed by the certification are linked to at least fifteen (15) standards from the curriculum framework.

(e) Approved program to certification linkages will be included on the annual Secondary Career and Technical Education Program to Industry Certification Linkage List for programs or programs of study identified on the Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions List as defined in paragraph (2)(g) of this rule.

(8) Publication Date for the Funding List. The proposed Funding List for the school year must be published no later than August 1.

(9) K-12 Funding values for certifications on the Funding List. Pursuant to Section 1011.62, F.S., the value used for Basic CAPE Industry Certifications and CAPE Acceleration Industry Certifications in the FEFP is based on statewide articulation agreements approved by the State Board of Education in Rule 6A-10.0401, F.A.C., which is incorporated herein. If an articulation agreement is no longer current and is removed from Rule 6A-10.0401, F.A.C., after the start of the academic year, the funding value will be updated during the adoption cycle for the following academic year.

(10) Conditions for Florida Education Finance Program (FEFP) calculation and reporting for industry certifications and CAPE digital tool certificates.

(a) A school district is eligible for additional funding under the following conditions:

1. Middle grades or high school student is enrolled in a registered career-themed course, completes a related CAPE Industry Certification or CAPE Acceleration Industry Certification on the Funding List and has a grade level authorized for funding as identified on the Funding List or

2. Elementary or middle grades student completes a CAPE Digital Tool Certificate on the Funding List.

3. Beginning with the 2025-26 reporting year, digital tool certificates may only be reported for elementary grades students up to grade level 5.

(b) A certification reported with a prior year course may be funded if the certification is earned within two academic years after the course is taken and the certification is identified as eligible for lagged funding on the Funding List. The district must not report a certification for funding if a portion of the industry certification exams were previously funded as a CAPE Industry Certification or CAPE Acceleration Industry Certification.

(c) To report successful attainment of certifications and certificates on the Funding List, the following test administration procedures for all examinations associated with earning the industry certification must be followed:

1. The written exam is not proctored by the individual providing the direct instruction for the industry certification or certificate, except if the only individual permitted to be a proctor by the certifying agency is providing direct instruction for the industry certification and only one (1) eligible proctor is approved in a school. In this situation, all written tests are independently monitored by a second individual who does not provide direct instruction for the industry certification to the individuals taking the test(s).

2. The written exam questions are delivered in a secure manner and paper-based tests are not available to the test proctor for a period of time, other than the time necessary to receive, distribute, and return any written materials to the scoring entity.

3. The exam is scored by the certifying agency for the industry certification or certificate or an approved vendor of the certifying agency and may not be scored by a representative of the school district or the examinee.

4. The exam has been administered in accordance with the test administration procedures specified by the certifying agency; and,

5. The exams leading to the industry certification must not have been administered to a student more than three (3) times during the academic year with a minimum of twenty (20) calendar days between test administrations. If an exam attempt is invalidated by the certifying agency due to a testing irregularity which is not due to student misconduct, the district may administer a re-test before the twenty (20) day waiting period has elapsed.

6. If the only requirement for the certification is a performance-based competency exam, the instructor may not proctor the exam.

7. School districts may only administer written exams for items on the CAPE Industry Certification Funding List which have a testing time limit established by the certifying agency.

(d) School districts may report students who complete industry certifications during the update period allowed by the Department of Education for survey 5 after an initial submission as specified in Rule 6A-1.0451, F.A.C.

(e) Postsecondary dual enrollment courses must be registered by the district as career-themed courses for the Basic CAPE Industry Certification or CAPE Acceleration Industry Certification earned in these courses to be included in the additional funding calculation, under the conditions specified in Section 1011.62(1), F.S.

(f) Exams may not be used to satisfy the requirements for more than one industry certification or certificate.

(11) Conditions for FEFP calculation of the 0.3 value for CAPE Pathways Completion.

(a) The Department of Education and school districts shall use the following program and industry certification documents for the calculation and reporting for students who meet the requirements for a CAPE Pathway Completer:

1. Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions; and,

2. Secondary Career and Technical Education Program to Industry Certification Linkage List

(b) School districts must report information in the following manner for use in this calculation:

1. Career and technical education courses must be reported on the Student Transcript Course Information format with reported credit earned in the course greater than zero (0).

2. The student must have been reported in the secondary career and technical education program or program of study of concentration on the Career and Technical Education Student Course Schedule in the current or prior years of enrollment.

3. The student must be reported with an industry certification on the Industry Certification format.

(c) For student records reported as specified in paragraph (11)(b), for the 2024-25 FEFP calculation, the Department shall calculate an additional FTE membership for each student who completed three (3) course sequences in the program list identified on the Secondary Career and Technical Education Programs list and Associated Courses with Dual Enrollment Course Substitutions and earned at least one (1) certification linked to the program on the Secondary Career and Technical Education Program to Industry Certification Linkage List. A certification may only be used to satisfy the requirements for one career and technical education program or program of study. The district(s) where the students completed the minimum credits required for the third course or more shall generate the funding. The school district superintendent will be provided with a list of students who meet the criteria for CTE Pathway Concentrators based on data reported by the districts on the data reporting formats in paragraph (11)(b) as of October 31, 2024. If the district identifies additional students not included in the department’s calculation file, the district may submit those records for the department’s review and consideration in the calculation. The department will notify superintendents of any additional students who meet the eligibility criteria for the calculation.

(d) Beginning with the 2025-26 FEFP calculation, school districts shall report a 0.3 value for each student who satisfied the criteria for a CAPE Pathway Completer. To report a student with this value, the following conditions must be met:

1. A student may only be reported by the district as a CAPE Pathway Completer once. If a student was calculated with a program of concentration for the 2024-25 FEFP in the Department’s calculation from paragraph (11)(c), the student may not be reported as a CAPE Pathway Completer in that program for future years.

2. A student must have satisfied the requirements to be a CTE Concentrator in a secondary program identified on the Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions list and completed an industry certification related to the CTE program of concentration as approved on the Secondary Career and Technical Education Program to Certification Linkage List while enrolled in the district.

3. A student must have been awarded a standard high school diploma by the reporting district.

4. The district’s identification of CAPE Pathway Completers must be based upon records included on the reporting formats identified in paragraph (11)(b). The district must maintain detailed course and industry certification records that support their calculation of the CAPE Pathway Completers, which may be requested by the Department for program auditing purposes.

(12) Registration of career-themed courses eligible for funding as specified in Section 1011.62(1), F.S. School districts must annually register each career-themed course offered in their district by school using the web-based application available at https://web02.fldoe.org/CAPE/login.aspx.

(a) Eligible courses must be registered by the school district for an academic year during the following registration windows: October 16 to the last business day in November, February 1 to first business day in March, and July 15 to the last business day in August.

(b) A course must have students enrolled in the academic year in order to be registered.

(c) A course must have a minimum of five (5) unique standards from secondary career and technical education program curriculum framework adopted by the State Board of Education in Rule 6A-6.0571, F.A.C., that link to the standards assessed by the industry certification. The Department of Education will review the course submissions after each registration period to confirm compliance with this requirement and will notify the district secondary career and technical education director regarding any compliance issues.

(d) The registration system includes all career education courses approved for grades 6 through 12 in the course code directory as adopted in Rule 6A-1.09441, F.A.C. Other courses available to students in grades 6 through 12 may be added to the registration system if requested by a school district and with documentation that student mastery of at least five (5) core standards are assessed by an industry certification exam adopted on the CAPE Industry Certification Funding List. To request additions of non-career education courses to the registration system for the academic year, the school district must notify the department in writing with the course number, industry certification and academic standards for the course that align to the certification. The request must be received no later than the first business day of March in the academic year for the career-themed course registration. Upon validation of alignment between standards and the requirements for the industry certification, the course will be added to the registration system for use in the next open registration period.

(e) Districts will be eligible for the additional funding provided in Section 1011.62, F.S., for the industry certifications on the Funding List which are identified by the school district in the course registration.

(f) A dual enrollment course at a public or private postsecondary institution may be registered by the district as a career themed course if the district has an articulation agreement with the postsecondary institution and the course leads to an industry certification on the Funding List. A district may submit requests for dual enrollment courses to be added to the registration system in writing with the course number, industry certification and academic standards for the course. The request must be received no later than the first business day of March in the academic year for the career-themed course registration. Upon validation of alignment between standards and the requirements for the industry certification, the course will be added to the registration system for use in the next open registration period.

(g) The registration system requires final approval by the district superintendent, which certifies that the course is being registered in accordance with the statutory definition and requirements for career-themed courses in Sections 1003.493(1)(b) and 1003.493(4), F.S., including that the course is being taught by instructors in the school who hold the industry certifications or higher-level industry certifications for which the course is being registered. An instructor may hold a higher-level certification in the same pathway from the same certifying agency to satisfy the industry certification requirement.

(h) Registration of career-themed courses is required for funding in the FEFP.

(i) Form FCAPE-02, Florida Career and Professional Education Act Career-Themed Course (CTC) Registration Form, must be utilized for reporting the career-themed course information.

(13) Teacher, proctor or monitor conduct provisions for maintaining the validity of the industry certification credential for K-12 students. Industry certifications are independent, third-party verification of technical skills achieved by students. Any practice that jeopardizes the validity of industry certifications disadvantages the students and prospective employers. Teachers who provide direct instruction leading to industry certification exams and proctors assigned to administer industry certification exams must not engage in any conduct that jeopardizes the validity of the industry certification exam results. Only authorized proctors may be provided access to testing materials associated with industry certification exams.

(a) Teachers providing instruction leading to industry certification exams must not:

1. Assist students with answering exam questions during an active test administration.

2. Create any study guide or other document that includes any exam questions that are part of a current test form for the industry certification.

3. Administer an industry certification exam to students to whom they provide direct instruction for the certification, or to any student taking an industry certification exam for which the teacher provides direct instruction, except as specified in subparagraph (9)(c)1. of this rule.

4. Administer an industry certification exam to themselves.

5. Administer an industry certification exam to other staff members, if they provide direct instruction for the certification.

6. Administer any industry certification exam to a family member.

7. Preview active exam content, even in the presence of a monitor or assigned proctor.

8. Access any testing materials, either computer-based or paper-based, unless assigned as the only available proctor as specified in paragraph (10)(c) of this rule.

9. Reveal, print, copy, screen capture or otherwise reproduce test questions that are part of an active version of an industry certification exam.

10. Take any industry certification exam using any name other than their own legal name.

11. Allow or entice another person to take an exam for a test candidate.

12. Interfere in any way that jeopardizes the integrity of the test with persons assigned to administer or proctor industry certification exams.

13. Provide answer keys to any student before, during or after test administration.

14. Assist a certifying agency in reviewing and creating exam questions for an industry certification exam for which they provide direct instruction.

15. Participate in, direct, aid, counsel, assist in, or engage in conduct or activity which could result in inaccurate measurement of student achievement on industry certification exams.

(b) Authorized proctors or monitors for the industry certification exams must not:

1. Assist students with answering exam questions during an active test administration.

2. Create any study guide or other document that includes any exam questions that are part of a current test form for the industry certification.

3. Reveal, print, copy, screen capture or otherwise reproduce exam questions, unless expressly authorized by the certifying agency for the industry certification.

4. Provide access to an exam to any teacher or other district employee, except as part of any official administration of the exam for the purpose of that teacher or employee obtaining the industry certification.

5. Take any industry certification exam using any name other than their own legal name.

6. Allow or entice another person to take an exam for a test candidate.

7. Provide answer keys to any student before, during, or after test administration.

8. Share credentials provided by the certifying agency for the purpose of administering industry certification exams.

9. Administer any industry certification exam to a family member.

10. Participate in, direct, aid, counsel, assist in, or engage in conduct or activity which could result in inaccurate measurement of student achievement on industry certification exams.

(c) The school district must not report an exam score that is the product of any of the activities set out in paragraphs (13)(a)-(b).

(14) Teacher, proctor or monitor conduct provisions for maintaining the validity of digital tool certificates. Teachers of digital tool certificates may be authorized by the school district to administer and proctor the exams for digital tool certificates to their own students.

(a) Teachers providing instruction leading to digital tool certificate exams must not:

1. Assist students with answering exam questions during an active test administration.

2. Create any study guide or other document that includes any exam questions that are part of a current test form for the digital tool certificate.

3. Preview active exam content.

4. Reveal, print, copy, screen capture or otherwise reproduce test questions that are part of an active version of a digital tool certificate exam.

5. Allow or entice another person to take an exam for a test candidate.

6. Provide answer keys to any student before, during or after test administration.

7. Participate in, direct, aid, counsel, assist in, or engage in conduct or activity which could result in inaccurate measurement of student achievement on digital tool certificate exams.

(b) The school district must not report an exam score that is the product of any of the activities set out in paragraph (14)(a).

(15) Local test administration procedures and training for industry certification exam administration for K-12 students. School districts must create and maintain local test administration procedures for the administration of all industry certification exams.

(a) These test administration procedures must include the following:

1. Verification that each responsible teacher or proctor has received training on test security. Teachers and proctors must annually sign a statement of educational integrity which includes the detrimental and negative impact academic dishonesty brings upon a profession, as well as safety and security hazards which may result when candidates have not met the industry standard for acceptable training.

2. Notification of disciplinary actions and consequences for engaging in or allowing testing irregularities and compromises.

3. Notification of disciplinary actions and consequences for failure to abide by all security protocol.

4. Procedures for handling test interruptions, testing irregularities and technical abnormalities that occur during exam administration.

5. Annual training on Florida Statutes and State Board of Education Rules pertaining to industry certification.

(b) All teachers providing instruction, proctors administering industry certification exams, and monitors for industry certification exams must annually sign Form FCAPE-03, Florida Career and Professional Education Act Industry Certification Test Administration and Security Agreement.

(c) School districts shall maintain records and rosters for required training, including signed documents, for a minimum of five (5) years.

(d) In order for students enrolled in career-themed courses to take industry certification exams, the teacher of the career-themed course must annually sign Form FCAPE-03, Florida Career and Professional Education Act Industry Certification Test Administration and Security Agreement.

(e) In order to proctor an industry certification exam, a proctor must annually sign Form FCAPE-03, Florida Career and Professional Education Act Industry Certification Test Administration and Security Agreement.

(16) Reporting requirements for violations of industry certification test administration provisions for K-12 students. In those situations, where provisions of subsections (13) and (14) of this rule are violated by a teacher, proctor or monitor the district must prepare a report made to the department and the certifying agency. This notification must occur within five (5) business days, unless the certifying agency has a more stringent requirement. The report must include a description of the incident, the names of the persons involved in or witness to the incident, and other information as appropriate. Districts shall report to the department using Form FCAPE-04, Florida Career and Professional Education Act Testing Violation Report.

(a) A teacher, proctor or monitor that is currently under investigation for a testing violation may not serve as a proctor for any industry certification exams while the investigation is ongoing.

(b) In the event of a confirmed finding of a testing violation, the teacher, proctor or monitor may not serve as a proctor for a minimum of twelve (12) months and must complete a department approved course in the area of Educational Ethics. The teacher or proctor shall submit documentation verifying successful completion to the Department of Education.

(c) In the event of a second confirmed finding of a testing violation, the teacher, proctor or monitor is permanently prohibited from serving as a proctor or administrator.

(17) K-12 student conduct provisions during test administrations. School districts must have local policies and procedures for the review of student conduct during and after industry certification and certificate exam administrations. These procedures must address any student conduct that violates certifying agency requirements for test administration or jeopardizes the integrity of the test. This conduct includes but is not limited to use of unauthorized materials during the testing, use of a cell phone or any other device with the ability to take photos of exam materials, assisting any other test taker with exam questions, and the disclosure of any test questions after the test administration. If a district determines the student violated the conduct provisions, the student must be prohibited from testing on any industry certification or certificate for a minimum period of six (6) months. If the district determines that the student conduct jeopardized the integrity of the exam beyond the scope of the student’s own performance on the exam, the district must complete Form FCAPE-04 and report the incident to the department for review.

(18) Remote proctoring of industry certification exams for K-12 students. Remote proctoring of industry certifications and digital tool certificates is allowed in circumstances where the certifying agencies offer remotely proctored testing options under certain conditions.

(a) Remotely proctored exams must include:

1. Confirmation of student test taker’s identity,

2. Virtual proctor,

3. Secure delivery of electronic exam; and,

4. Process for identifying testing irregularities.

(b) The certifying agency must issue the same credential that would have been earned in the traditional proctoring setting.

(c) Certifications and certificates approved by the Department as meeting these criteria are posted on the following webpage: http://www.fldoe.org/academics/career-adult-edu/cape-secondary/cape-industry-cert-funding-list-current.stml.

(19) The following documents are hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400, or at the websites listed below.

(a) 2025-26 CAPE Industry Certification Funding List, Updated (https://flrules.org/gateway/reference.asp?No=Ref-19463), effective May 2026.

(b) 2025-26 Master Credentials List (https://www.flrules.org/gateway/reference.asp?No=Ref-19067), effective February 2026.

(c) Form FCAPE-02, Florida Career and Professional Education Act Career-Themed Course (CTC) Registration Form (https://www.flrules.org/gateway/reference.asp?No=Ref-14695), effective September 2022. Form FCAPE-02 may also be found on the department’s website at: https://web02.fldoe.org/CAPE.

(d) Form FCAPE-03, Florida Career and Professional Education Act Industry Certification Test and Security Agreement (https://www.flrules.org/gateway/reference.asp?No=Ref-14696), effective September 2022. Form FCAPE-03 may also be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(e) Form FCAPE-04, Florida Career and Professional Education Act Testing Violation Report, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15914), effective September 2023. Form FCAPE-04 may also be found on the department’s website at: http://fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(f) Form FCAPE-05, CAPE Digital Tool Certificate Submission Form (https://www.flrules.org/gateway/reference.asp?No=Ref-16711), effective July 2024. Form FCAPE-05 may also be found on the department’s website at https://www.fldoe.org/academics/career-adult-edu/cape-secondary.

(g) Form FCAPE-06, Florida Career and Professional Education Act Funding and Program Request (http://www.flrules.org/Gateway/reference.asp?No=Ref-16712), effective July 2024. Form FCAPE-06 may also be found on the Department’s website at https://www.fldoe.org/academics/career-adult-edu/cape-secondary.

(h) Rule 6A-10.0401, F.A.C. (https://www.flrules.org/gateway/reference.asp?No=Ref-14693)

(i) 2025-26 Secondary Career and Technical Education Program to Industry Certification Linkage List (http://flrules.org/Gateway/reference.asp?No=Ref-19068), effective February 2026.

(j) 2025-26 Secondary Career and Technical Education Programs and Associated Courses with Dual Enrollment Course Substitutions (http://flrules.org/Gateway/reference.asp?No=Ref-19069), effective February 2026.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.4203(9), 1003.491(5)(d), 1008.44(1), 1011.62 FS. Law Implemented 1003.4203, 1003.491, 1003.492, 1003.493, 1003.4935, 1011.80, 1011.81, 1008.44, 1011.62(17) FS. History–New 9-20-22, Amended 5-23-23, 9-26-23, 7-2-24, 9-24-24, 2-18-25, 5-13-25, 10-28-25, 2-24-26, 5-21-26.

Fla. Admin. Code R. 6A-6.0577 Career Dual Enrollment Courses for Florida Education Finance Program Calculation

(1) Districts may request review of career dual enrollment courses and course descriptions to be approved for funding through the Florida Education Finance Program (FEFP). To be approved, career dual enrollment courses must meet the criteria in Section 1011.62(1)(i)2., Florida Statutes. To request review of career dual enrollment courses for approval, districts must submit the following information to the Florida Department of Education’s Division of Career and Adult Education: the postsecondary course number, the postsecondary program in which the course is offered, and the industry certification(s) on the CAPE Industry Certification Funding List, found in Rule 6A-6.0576, F.A.C., to which the course leads. These requests must be submitted to industrycertification@fldoe.org.

(2) The list of approved career dual enrollment courses eligible for additional full-time student membership in the FEFP is posted on the Department’s website at: https://www.fldoe.org/academics/career-adult-edu/cape-secondary/resources.stml.

(3) In order to generate funding, the student must be enrolled in an eligible career dual enrollment course and the student must earn a grade of “A” or better in the course. This course grade must be assigned by the postsecondary institution of enrollment upon completion of the entire course.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1011.62(1) FS. Law Implemented 1011.60(1), 1011.62(1) FS. History–New 7-2-24.

Fla. Admin. Code R. 6A-6.0578 Approval and Recognition Process for District Postsecondary Career Centers

(1) The purpose of this rule is to establish the procedures for the recognition of a school operated by a school district as postsecondary career center under s. 1001.44, F.S.

(2) Conditions for Designation as a Career Center. To qualify for recognition as a career center, a school district must demonstrate the following conditions are met:

(a) The school offers multiple career certificates or applied technology diploma programs with frameworks approved by the State Board of Education in Rule 6A-6.0571, F.A.C.

(b) The school is currently accredited by one of the following institutional accrediting bodies:

1. Council on Occupational Education (COE),

2. Higher Learning Commission (HLC), or

3. Southern Association of Colleges and Schools, Commission on Colleges (SACSCOC).

(3) Recognition and Request Process. To request recognition as a career center, a school district superintendent, or the superintendent’s authorized designee, must submit a letter on official letterhead to the Division of Career and Adult Education, 325 West Gaines Street, Tallahassee, FL 32399. The request must include, at a minimum, the following documents: confirmation from an approved institutional accrediting body listed in paragraph (2)(b) that the school has active accreditation, and the current academic course catalog which lists all of the postsecondary career certificate and applied technology diploma programs offered by the school.

(a) Review and Approval Process. Upon review, the district will be notified of any deficiencies in the submission and may submit an updated request. If approved for recognition, the district will be notified of approval in writing by the Chancellor for the Division of Career and Adult Education.

(b) As of March 2026, the following schools are currently recognized as career centers by the Department:

1. Bay County School District - Tom P. Haney Technical College;

2. Bradford County School District - North Florida Technical College;

3. Broward County School District - Atlantic Technical College, Sheridan Technical College, William T. McFatter Technical College;

4. Charlotte County School District - Charlotte Technical College;

5. Citrus County School District - Withlacoochee Technical College;

6. Collier County School District - Lorenzo Walker Technical College, Immokalee Technical College;

7. Miami-Dade County School District - D.A. Dorsey Technical College, George T. Baker Aviation Technical College, Lindsey Hopkins Technical College, Miami Lakes Educational Center and Technical College, Robert Morgan Educational Center and Technical College, South Dade Technical College, The English Center;

8. Escambia County School District - George Stone Technical College;

9. Flagler County School District - Flagler Technical College;

10. Gadsden County School District - Gadsden Technical College;

11. Hernando County School District - Wilton Simpson Technical College;

12. Hillsborough County School District - Aparicio-Levy Technical College, Erwin Technical College, Brewster Technical College;

13. Indian River County School District - Treasure Coast Technical College;

14. Lee County School District - Cape Coral Technical College, Fort Myers Technical College;

15. Leon County School District - Lively Technical College;

16. Manatee County School District - Manatee Technical College;

17. Marion County School District - Marion Technical College;

18. Okaloosa County School District - Okaloosa Technical College;

19. Orange County School District - Orange Technical College;

20. Osceola County School District - Osceola Technical College;

21. Palm Beach County School District - Chuck Shaw Technical Education Center, West Technical Education Center;

22. Pasco County School District - Fred K. Marchman Technical College;

23. Pinellas County School District - Pinellas Technical College (Clearwater Campus), Pinellas Technical College (St. Petersburg Campus);

24. Polk County School District - Traviss Technical College, Ridge Technical College;

25. Santa Rosa County School District - Radford M. Locklin Technical College;

26. Sarasota County School District - Suncoast Technical College;

27. St. Johns County School District - First Coast Technical College;

28. Suwannee County School District - Riveroak Technical College;

29. Taylor County School District - Big Bend Technical College;

30. Walton County School District - Emerald Coast Technical College; and

31. Washington County School District - Florida Panhandle Technical College.

(4) The Department of Education will annually review the schools approved in paragraph (3)(b) for continued compliance with the requirements for recognition.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1001.44 FS. Law Implemented 1001.44 FS. History–New 5-21-26.

Fla. Admin. Code R. 6A-6.058 Special Provisions for Certain Vocational Areas

History

• Rulemaking Authority 236.04(5) FS. Law Implemented 236.04(5) FS. History–New 2-20-64, Formerly-6A-6.58, Repealed 8-9-68.

Fla. Admin. Code R. 6A-6.0581 Occupational Specialists and Placement Specialists Funds

History

• Rulemaking Authority 229.053 FS. Law Implemented 236.085 FS. History–New 9-17-72, Amended 4-19-74, 9-5-74, 12-5-74, Formerly-6A-6.581, Repealed 4-14-76.

Fla. Admin. Code R. 6A-6.059 Duties of Industry Services Advisory Board

History

• Rulemaking Authority 229.053(1), 230.66 FS. Law Implemented 230.66 FS. History–New 1-7-69, Amended 12-5-74, Formerly-6A-6.59, Repealed 3-6-94.

Fla. Admin. Code R. 6A-6.060 Industry Defined

History

• Rulemaking Authority 229.053(1), 230.66 FS. Law Implemented 230.66 FS. History–New 1-7-69, Amended 12-5-74, Formerly-6A-6.60, Repealed 3-6-94.

Fla. Admin. Code R. 6A-6.061 Programs of Training Under Industry Services Training Program

History

• Rulemaking Authority 229.053(1), 230.66 FS. Law Implemented 230.66 FS. History–New 12-5-74, Formerly-6A-6.61, Repealed 3-6-94.

Fla. Admin. Code R. 6A-6.062 Drug Abuse Education

History

• Rulemaking Authority 70-202 Laws of Florida. Law Implemented 70-202 Laws of Florida. History–New 2-20-71, Amended 12-5-74, Formerly-6A-6.62, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.0621 Comprehensive Vocational Education Program; Definition

History

• Rulemaking Authority 229.053 FS. Law Implemented 230.7651, 233.0682 FS. History–New 8-18-71, Amended 12-5-74, Formerly-6A-6.621, Repealed 10-17-89.

Fla. Admin. Code R. 6A-6.063 Scope of Vocational Education

History

• Rulemaking Authority 229.053 FS. Law Implemented 228.041(24), 230.7651, 233.0682 FS. History–New 8-18-71, Amended 12-5-74, Formerly-6A-6.63, Repealed 5-2-90.

Fla. Admin. Code R. 6A-6.064 Types of Vocational Education Courses and Activities

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 228.041(24) FS. History–New 8-18-71, Amended 10-18-71, 9-17-72, 12-5-74, Formerly-6A-6.64, Repealed 4-18-96.

Fla. Admin. Code R. 6A-6.065 Instructional Components of Vocational Education

History

• Rulemaking Authority 229.053, 233.068, 239.229 FS. Law Implemented 228.041(22), 233.068 FS. History–New 8-18-71, Amended 9-17-72, 10-31-74, 12-5-74, 5-4-76, Formerly 6A-6.65, Amended 8-12-91, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.0651 Alternative Credit Pilot Program

History

• Rulemaking Authority 1002.375(7) FS. Law Implemented 1002.375 FS. History–New 11-26-08, Repealed 5-18-14.

Fla. Admin. Code R. 6A-6.0652 Competency-Based Education Pilot Program

(1) Beginning with the 2016-17 school year, the Competency-Based Education (CBE) Pilot Program is created within the Department of Education to be implemented for a period of seven (7) years. The purpose and effect of the pilot program is to allow students to progress through Florida’s Next Generation Sunshine State Standards (NGSSS) at their own pace. The State Board of Education-approved course descriptions that include the State Board of Education-approved NGSSS remain the foundation of instruction. The State Board of Education may authorize the commissioner to grant waiver of rules for eligible participants specific only to requirements associated with student progression and the awarding of credits. The school district is required to indicate how the law will be implemented in light of the requested waiver. Funding for students participating in the CBE Pilot Program will be reported pursuant to the requirements of Section 1011.62, F.S.

(2) Each of the participating districts must submit an application that meets the requirements of Section 1003.4996, F.S.

(3) The Department of Education shall compile student and staff schedules of participating schools before and after implementation of the pilot program, provide participating schools with access to statewide, standardized assessments required under Section 1008.22, F.S., and annually, by June 1 during each year of the pilot program, provide to the Governor, the President of the Senate and the Speaker of the House of Representatives a report summarizing the activities and accomplishments of the pilot program and any recommendations for statutory revisions.

History

• Rulemaking Authority 1001.02, 1003.4996 FS. Law implemented 1001.10(3), 1003.4996 F.S. History–New 8-21-18, Amended 3-15-22.

Fla. Admin. Code R. 6A-6.066 Responsibilities at District Level for Vocational Education

History

• Rulemaking Authority 229.053 FS. Law Implemented 230.23(4)(d), 240.319 FS. History–New 8-18-71, Amended 12-5-74, Formerly-6A-6.66, Repealed 2-15-95.

Fla. Admin. Code R. 6A-6.067 Coordinating Council for Vocational Education, Adult General Education, and Community Instructional Services

History

• Rulemaking Authority 229.053 FS. Law Implemented 230.7651, 233.0682 FS. History–New 8-18-71, Amended 9-5-74, 12-5-74, Formerly-6A-6.67, Repealed 7-9-86.

Fla. Admin. Code R. 6A-6.068 Business and Industrial Comminity Support

History

• Rulemaking Authority 229.053 FS. Law Implemented 230.7651, 233.0682 FS. History–New 8-18-71, Amended 12-5-74, Formerly-6A-6.68, Repealed 5-3-94.

Fla. Admin. Code R. 6A-6.069 Administrators of Vocational Education Required

History

• Rulemaking Authority 229.053 FS. Law Implemented 231.3505 FS. History–New 8-18-71, Amended 7-19-72, 2-18-74, 12-5-74, Formerly-6A-6.69, Repealed 6-28-83.

Fla. Admin. Code R. 6A-6.070 Direct Job Related Vocational Offerings Required for Each School District

History

• Rulemaking Authority 233.068 FS. Law Implemented 233.068 FS. History–New 8-18-71, Amended 12-5-74, Formerly-6A-6.70, Repealed 4-18-96.

Fla. Admin. Code R. 6A-6.071 Student Services

History

• Rulemaking Authority 229.053(1), 230.2313(5), 233.0682 FS. Law Implemented 120.55(1)(a)4., 230.2313, 236.081(5)(a)6., 236.089, 230.66 FS. History–New 8-18-71, Amended 5-19-73, 9-5-74, 12-5-74, 1-29-76, 11-24-76, 2-21-77, 6-7-77, 12-11-79, 3-30-81, 7-9-81, 8-25-82, 6-18-85, Formerly-6A-6.71, Repealed 10-18-94.

Fla. Admin. Code R. 6A-6.0711 Teachers as Advisors Program

History

• Rulemaking Authority 229.053(1), 230.2314(3)(a)1. FS. Law Implemented 230.2314(3)(a)1. FS. History–New 11-18-84, Formerly-6A-6.711, Repealed 10-18-94.

Fla. Admin. Code R. 6A-6.0713 Habitual Truancy: Inter-Agency Agreements

History

• Rulemaking Authority 1001.02 FS., Section 18, Chapter 84-311, Laws of Florida. Law Implemented 39.01(33), 39.403, 1003.27 FS. History–New 1-9-85, Formerly 6A-6.713, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.072 Dropout Reduction Program

History

• Rulemaking Authority 229.053(1) FS. Section 37, Chapter 84-361, Laws of Florida. Law Implemented Section 37, Chapter 84-361, Laws of Florida. History–New 11-18-84, Formerly-6A-6.712, Repealed 5-19-98.

Fla. Admin. Code R. 6A-6.073 Vocational Education Improvement Fund

History

• Rulemaking Authority 229.053, 233.069, 239.225(1) FS. Law Implemented 239.225 FS. History–New 8-18-71, Amended 12-5-74, Formerly 6A-6.73, Amended 10-17-89, Repealed 5-19-98.

Fla. Admin. Code R. 6A-6.0731 Career Education

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.840 FS. History–New 12-5-74, Amended 11-25-75, Formerly 6A-6.731, Repealed 10-18-94.

Fla. Admin. Code R. 6A-6.074 Duties and Responsibilities of the Division of Vocational Education

History

• Rulemaking Authority 20.15(6), 229.053, 229.512 FS. Law Implemented 20.15(6) FS. History–New 8-18-71, Amended 12-5-74, Formerly 6A-6.74, Repealed 5-19-98.

Fla. Admin. Code R. 6A-6.075 State Council on Vocational Education

History

• Rulemaking Authority 20.15(6), (10), 229.053(1)(e) FS. Law Implemented 229.053(2)(i) FS. History–New 8-18-71, Amended 12-5-74, Formerly 6A-6.75, Amended 11-23-94, Repealed 5-19-98.

Fla. Admin. Code R. 6A-6.076 Special Teacher Service Units and Supervisor Units for Vocational Education

History

• Rulemaking Authority 229.053 FS. Law Implemented 236.04 FS. History–New 8-18-71, Formerly 6A-6.76, Repealed 2-18-74.

Fla. Admin. Code R. 6A-6.077 Preapprenticeship Programs

History

• Rulemaking Authority 446.041(12), 446.052(2) FS. Law Implemented 446.052 FS. History–New 9-17-72, Amended 12-5-74, Formerly 6A-6.77, Amended 10-18-94, Repealed 11-22-11.

Fla. Admin. Code R. 6A-6.078 Area Vocational Education Schools

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.651 FS. History–New 9-17-72, Amended 12-5-74, Formerly 6A-6.78, Transferred to 6A-2.03.

Fla. Admin. Code R. 6A-6.0781 Procedures for Appealing a District School Board Decision Denying Application for Charter School

The procedures for filing and reviewing all appeals to the State Board of Education under provisions of Section 1002.33(6), F.S., shall be as follows:

(1) Appealing a Charter School Application Denial. The district school board letter of denial required by Section 1002.33(6)(b)3.a., F.S., shall be provided to the applicant by the district school board via certified mail unless the applicant agrees in writing to accept receipt by hand delivery, regular mail, facsimile or electronic mail. Receipt of delivery shall be documented and filed with the Agency Clerk for the Department of Education. Within thirty (30) days after receipt by certified mail, or other verified mode of transmittal as provided by the parties’ agreement, the decision of a district school board denying an application for a Charter School, the charter applicant may appeal the decision by submitting one (1) electronic copy and five (5) hard copies of the appeal to the Agency Clerk for the Department of Education, 325 West Gaines Street, Room 1520, Tallahassee, Florida 32399-0400.

(a) A copy of the appeal shall be sent by the applicant via regular mail or hand delivery, or by other mode of transmittal as provided by the parties’ agreement, to the district school board, via the Superintendent or a designee of the Superintendent as specified within the letter of denial on or before the date of filing with the Agency Clerk. The applicant shall certify that it has provided the district school board a copy of the appeal as provided herein by filing a certificate of service with the Agency Clerk stating the person and address to which the copy was provided and the date of mailing or other transmittal. The State Board of Education does not have jurisdiction to hear late-filed appeals. The appeal must include: name and address of applicant; name and address of the district school board; date of the district school board decision; name and address of applicant’s attorney or representative of record, if any; and written argument limited to due process and the reasons for denial identified in the district school board’s notice of denial.

(b) The Charter School application, Form IEPC-M2 Florida Charter School Application Evaluation Instrument as incorporated by reference in Rule 6A-6.0786, F.A.C., available transcripts of all meetings before the district school board in which the decision was considered, and all documents considered by the district school board in making its decision shall constitute the record on appeal and shall be filed as exhibits to the appeal.

(c) Within thirty (30) days after receipt of the appeal the district school board shall file one (1) electronic copy and five (5) hard copies of its written arguments with the Agency Clerk for the Department of Education and certify that it has provided a copy to the charter school applicant or representative identified in the applicant’s appeal by U.S. Mail, hand delivery, or other agreed upon mode of transmittal. The district school board shall file with its written arguments all documents considered by the district school board in making its decision that were not filed as exhibits to the applicant’s appeal. The written arguments are limited to the reasons for denial identified in the district school board’s notice of denial and any issues raised by the applicant in its appeal.

(d) Such written arguments required from both parties shall not exceed twenty (20) pages exclusive of any exhibit. The Chair of the Charter School Appeal Commission may grant leave to exceed the page limit only when necessary for both parties to address an extraordinarily large or complex set of issues on appeal. Written arguments may be produced by any duplicating or copying process which produces a clear black image on white paper. All written arguments shall be on 8 1/2'' x 11'' inch paper, double spaced, except quoted material and footnotes. Typewritten text, including footnotes must be no smaller than ten (10) pitch spacing, and there must be no more than twenty-six (26) lines of text per paper. Margins shall be no less than one inch at the top, bottom, left and right. All written arguments and exhibits must be bound with tabs for each exhibit with a table of contents detailing each section. Electronic and hardcopy appeal documents shall be numbered consecutively throughout the entire submission with no breaks.

(e) Failure to meet the requirements herein specified may cause rejection of the submission by the Chair of the Charter School Appeal Commission, where the failure could result in prejudice to the opposing party. The rejection shall describe the submission errors and the filing party shall have fifteen (15) days to resubmit an appeal that meets the requirements herein.

(2) Procedures for Charter School Appeals. Upon receipt of a timely filed appeal by a Charter School applicant, the Commissioner of Education or designee, shall convene a meeting of the Charter School Appeal Commission to consider the appeal, with at least seven (7) days notice to the applicant and the district school board of that hearing date.

(a) At the hearing before the Charter School Appeal Commission, each party will be given a maximum of ten (10) minutes to allow representative(s) to summarize the written arguments previously submitted. Each party will also be given additional time, as determined by the Chair of the Charter School Appeal Commission, to individually address each of the reasons for denial. No evidence will be received or testimony presented, only oral argument, will be heard by the Charter School Appeal Commission at this time.

(b) The Charter School Appeal Commission may question the parties. During these questions, the Charter School Appeal Commission may, in its discretion, request information to clarify the documentation presented to it by the charter school applicant and the district school board, as set forth in the appeal and exhibits thereto. Ex parte communications with either party or communication among commission members regarding the appeal is prohibited.

(c) Upon reviewing the record on appeal and hearing oral summaries of written arguments, if presented, and consideration of the answers to questions, if asked, the Charter School Appeal Commission shall then proceed by majority vote to either accept or reject the decision of the district school board.

(d) The Charter School Appeal Commission’s recommendation, record on appeal, written arguments of the parties, and a copy of the Charter School Appeal Commission transcripts will be forwarded to the State Board of Education.

(e) The State Board of Education shall consider the appeal and the Charter School Appeal Commission’s recommendation at the next scheduled State Board of Education meeting and no later than ninety (90) calendar days after an appeal is filed. Each party shall have five (5) minutes to summarize their arguments. Additionally, the State Board of Education may, in its discretion, ask questions to clarify the issues on appeal. Ex parte communications with either party or communication among board members regarding the appeal is prohibited. The State Board of Education shall approve or deny the appeal.

(3) Motions.

(a) Motions before the Charter School Appeal Commission or State Board of Education shall be filed with the Agency Clerk in the same format as required in paragraph (1)(d) of this rule, except that they are limited to three (3) pages. Motions shall include a statement that the movant has conferred with the other party, shall state whether such party has any objection to the motion, and shall certify that the other party has been served with a copy of the motion. If there is an objection, the other party may file a response, subject to the same filing requirements as the motion, within five (5) business days of receipt of the motion, or the day before the hearing, whichever occurs first. A request for extension of the deadline or leave to exceed the maximum page limit must be requested prior to the date the motion or response is due and may be granted only where the opposing party will not be prejudiced. Oral arguments shall not be requested, but may be scheduled at the discretion of the ruling entity.

(b) The Chair of the Charter School Appeal Commission shall rule upon evidentiary, procedural, and non-jurisdictional motions submitted prior to the commission hearing.

(c) The Commissioner of Education shall rule upon evidentiary, procedural, and non-jurisdictional motions submitted before the State Board of Education. All other motions shall be ruled upon by the State Board of Education.

History

• Rulemaking Authority 1002.33(28) FS. Law Implemented 1002.33(6) FS. History–New 2-2-97, Amended 5-27-12, 11-21-17.

Fla. Admin. Code R. 6A-6.0782 Florida Schools of Excellence Commission Cosponsor Application

History

• Rulemaking Authority 1002.335 FS. Law Implemented 1002.335 FS. History–New 3-1-07, Repealed 4-8-12.

Fla. Admin. Code R. 6A-6.0783 District School Board Exclusive Authority to Sponsor Charter Schools

History

• Rulemaking Authority 1002.335(14) FS. Law Implemented 1002.335 F.S. History–New 7-25-07, Amended 5-22-08, Repealed 4-8-12.

Fla. Admin. Code R. 6A-6.0784 Approval of Charter School Governance Training

The following provisions are established for the approval of charter school governing board training submitted to the Florida Department of Education for approval pursuant to Section 1002.33, F.S.

(1) General training requirements.

(a) Beginning with the effective date of this rule, every member of the governing body of a charter school operating in Florida shall participate in governance training. The charter school governance training must meet the requirements of this rule and be approved by the Department. Governing boards composed entirely of “school officers”, as defined by Section 1012.01, F.S., may meet the requirements of this rule by complying with the procedures set forth in subsection (6) of this rule.

(b) Each governing board member must complete a minimum of four (4) hours of instruction focusing on government in the sunshine, conflicts of interest, ethics, and financial responsibility as specified in Section 1002.33(9)(j)5., F.S. After the initial four (4) hour training, each member is required, within the subsequent three (3) years and for each three (3) year period thereafter, to complete a two (2) hour refresher training on the four (4) topics above in order to retain his or her position on the charter school board. Any member who fails to obtain the two (2) hour refresher training within any three (3) year period must take the four (4) hours of instruction again in order to remain eligible as a charter school board member.

(c) New members joining a charter school board must complete the four (4) hour training within 90 days of their appointment to the board.

(d) Instruction beyond the hours specified in paragraphs (1)(b) and (c) of this rule, may be included in the training plan to address additional topics generally recognized and supported by research or practitioners as important for effective governing board operation.

(e) Each charter school is responsible for contracting with or providing a trainer who delivers governance training consistent with a governance training plan that has been approved by the Department.

(2) Governance training plans.

(a) For the purpose of this rule, a training plan is a written instructional document describing the instructional design for charter school governing board training which includes measurable performance objectives, instructional content, delivery strategies, learning activities, and assessment for training to fulfill the statutory requirements for charter school governing board instruction focusing on government in the sunshine, conflicts of interest, ethics, and financial responsibility as specified in Section 1002.33(9)(j)5., F.S. The training plan may include, but need not be limited to, traditional instructional settings, individualized learning modules, and online education.

(b) A governance training plan submitted for review and approval by the Department shall address each of the following components:

1. Description of the content to be delivered that fulfills all topics identified in Section 1002.33(9)(j)5., F.S., and is consistent with the hours of instruction specified in paragraphs (1)(b) and/or (1)(c) of this rule;

2. Additional topics to be addressed during the training;

3. Measurable learning objectives that specify the performance required;

4. Description of instructional strategies, activities and presentation materials;

5. Methods to be used to measure the stated learning objectives, overall training performance, and provider effectiveness;

6. Length of time required for training;

7. References used in developing the training;

8. Certification that the training has been developed and is owned by the provider or that the provider is licensed to use the training for purposes pursuant to Section 1002.33, F.S.; and,

9. Qualifications and experience of all persons who will be actively involved in providing training.

(3) Submission and review of training plans.

(a) Potential training providers shall complete Form IEPC-9, Charter School Governance Training, Training Plan Approval Application, for submitting a charter school governance training plan for review and approval. Form IEPC-9 is hereby incorporated by reference to become effective with the effective date of this rule. Copies of the form may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(b) After completing and signing the form, a training provider seeking approval must submit an electronic copy of the form as a PDF file to the Office of Independent Education and Parental Choice as described on the form. The Department will conduct two review periods each year, with deadlines for submitting applications on or before February 1 for a review period of February 1-April 2 and on or before July 1, for a review period of July 1 – August 30. This requires that all applications and supporting documentation must be received by the Department on or before these dates.

(c) The Commissioner of Education or designee shall appoint a review team to review charter school governance training plans. The review team shall be composed of individuals with knowledge in education, finance, governance and law. A training plan submitted for approval to the Department will be reviewed within sixty (60) days of the deadlines listed in paragraph (3)(b) of this rule to determine compliance with the components identified in paragraph (2)(b) of this rule.

(d) The review team’s findings will be consolidated and provided as recommendations to the Commissioner or designee. Using the recommendations of the review team, the Commissioner or designee shall determine if the provider has met the criteria for approval or denial. Within ten (10) working days following the Commissioner’s or designee’s determination, the Department shall send a written notification to the proposed provider regarding the outcome of the training plan review.

(e) The names of training providers whose training plans have been approved to meet requirements of Section 1002.33(9)(k), F.S., will be posted on the Department’s website at http://www.floridaschoolchoice.org.

(f) A notice of denial shall be sent to proposed training providers who submitted plans that do not comply with the components identified in paragraph (2)(b) of this rule. The notice of denial will identify specific areas of program weakness that must be corrected prior to reconsideration for approval. The provider may correct the application and resubmit on the next available submission deadline outlined in paragraph (3)(b) of this rule.

(4) Length of approval and renewal of training plans.

(a) Each approval or extension shall be granted for a period of time determined by the Department of Education, but shall not exceed two (2) years from the date of approval.

(b) No earlier than six (6) months prior to the expiration of approval, a training provider may submit a request for renewal of an approved training plan by completing and submitting Form IEPC-10, Charter School Governance Training, Application to Renew an Approved Training Plan. Form IEPC-10 is hereby incorporated by reference effective November 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16023) and will be available electronically on the Department’s website at http://www.floridaschoolchoice.org or may be obtained from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(c) A request for training plan renewal submitted for approval to the Department will be reviewed within sixty (60) days of receipt to determine continued compliance with the components identified in paragraphs (1)(b) and (2)(b) of this rule. Within ten (10) working days following the Commissioner’s or designee’s determination, the provider will be notified in writing of the Department’s decision to renew the plan or not to renew. If a training plan is not renewed, a provider may submit a new training plan to the Department as described in paragraphs (3)(a) and (b) of this rule.

(5) Report of governing board training.

(a) Each training provider offering an approved training program in accordance with this rule shall submit a report of each governing board’s training to the Department and a copy of the report to the charter school director within thirty (30) days of the training. The charter school director is responsible for providing a copy of the report to the school’s sponsor within ten (10) days of receiving the report from the trainer.

(b) The report shall be submitted using the IEPC-11 form. Form IEPC-11 is hereby incorporated by reference to become effective with the effective date of this rule. Copies of the form may be obtained electronically on the Department’s website. The report shall be submitted electronically to the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(c) Each training provider offering an approved charter school governance training program shall provide a certificate of participation to every governing board member who completes the training and achieves the training objectives as stated in the training plan.

(6) A charter school governing board composed entirely of “school officers” as defined in Section 1012.01, F.S., may comply with the requirements of this rule by providing documentation that they have received charter school governance training consistent with this rule. Documentation of charter school governance training shall be submitted to the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Suite 522, Tallahassee, Florida 32399-0400, and must include:

(a) Date and location of charter school governance training received.

(b) Name, contact information, qualifications, and experience of all persons actively involved in providing charter school governance training.

History

• Rulemaking Authority 1001.02, 1002.33(28) FS. Law Implemented 1002.33(9)(j)5., FS. History–New 7-21-08, Amended 12-15-09, 11-21-23.

Fla. Admin. Code R. 6A-6.0785 Charter School Applicant Training Standards

History

• Rulemaking Authority 1002.33(27) FS. Law Implemented 1002.33(6)(f) FS. History–New 5-3-10, Amended 10-25-11, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.0786 Forms for Charter School Applicants and Sponsors

(1) Persons or entities submitting a charter school application must use Form IEPC-M1, Model Florida Charter School Application, effective August 2024 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16845), pursuant to Section 1002.33, F.S. Form IEPC-M1 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(2) Sponsors shall evaluate Model Florida Charter School Applications using Form IEPC-M2, Florida Charter School Application Evaluation Instrument, effective December 2019 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11358). Form IEPC-M2 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(3) Upon approval of a charter school application, the sponsor shall have thirty (30) days to propose an initial proposed charter contract to the charter school. The sponsor shall use Form IEPC-SC, Florida Standard Charter Contract, effective August 2024, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16846), as the basis for the initial draft contract. Proposed deletions to Form IEPC-SC must be displayed as strike-through text. Proposed additions to form IEPC-SC must be displayed as underlined text. The applicant and the sponsor have forty (40) days thereafter to negotiate and notice the charter contract for final approval by the sponsor unless both parties agree to an extension. Additional components may be included in a charter school contract if mutually agreed upon by both parties. Form IEPC-SC is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(4) For all charter contract renewals, charter schools and their sponsors shall use the Florida Standard Charter Renewal Contract (Form IEPC-SCR). This shall be the basis for the renewal draft contract. Proposed deletions to Form IEPC-SCR must be displayed as strike-through text. Proposed additions to form IEPC-SCR must be displayed as underlined text. Additional components may be included in a charter school renewal contract if mutually agreed upon by both parties. Form IEPC-SCR is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-16847) effective August 2024 and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(5) A high-performing charter school system may replicate its high-performing charter schools in any school district in the state. The applicant must submit an application using Form IEPC-HPS1, the Model Florida Charter School Application High-Performing Charter School System Replication (http://www.flrules.org/Gateway/reference.asp?No=Ref-15917), effective September 2023, pursuant to Section 1002.332(2)(b), F.S. Form IEPC-HPS1 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(6) Sponsors shall evaluate high-performing system replication applications using Form IEPC-HPS2, the Model Florida Charter School Application High-Performing Charter School System Replication Evaluation Instrument (http://www.flrules.org/Gateway/reference.asp?No=Ref-08912), effective January 2018. Form IEPC-HPS2 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(7) Persons or entities submitting a virtual charter school application must use Form IEPC-VI, Model Florida Virtual Charter School Application, effective September 2023, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15918), pursuant to Section 1002.33, F.S. Form IEPC-VI is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(8) Sponsors shall evaluate Model Florida Virtual Charter School Applications using Form IEPC-V2, Florida Virtual Charter School Application Evaluation Instrument, effective February 2016 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06305). Form IEPC-V2 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(9) Upon approval of a virtual charter school application, the sponsor shall have thirty (30) days to propose an initial proposed charter contract to the virtual charter school. The sponsor shall use Form IEPC-SVC, Florida Standard Virtual Charter Contract, effective November 2023, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16024), as the basis for the initial draft contract. Proposed deletions to Form IEPC-SVC must be displayed as strike-through text. Proposed additions to form IEPC-SVC must be displayed as underlined text. The applicant and the sponsor have forty (40) days thereafter to negotiate and notice the charter contract for final approval by the sponsor unless both parties agree to an extension. Additional components may be included in a virtual charter school contract if mutually agreed upon by both parties. Form IEPC-SVC is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(10) For all virtual charter contract renewals, virtual charter schools and their sponsors shall use the Florida Standard Virtual Charter Renewal Contract (Form IEPC-SVCR). This shall be the basis for the renewal draft contract. Proposed deletions to Form IEPC-SVCR must be displayed as strike-through text. Proposed additions to form IEPC-SVCR must be displayed as underlined text. Additional components may be included in a virtual charter school renewal contract if mutually agreed upon by both parties. Form IEPC-SVCR is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-16025) effective November 2023 and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(11) Applicants completing Addenda A, B, or C, pursuant to the model application shall use Form IEPC-M1A, Applicant History Worksheet, (http://www.flrules.org/Gateway/reference.asp?No=Ref-05518), effective August 2015. Form IEPC-M1A is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.fldoe.org/schools/school-choice/, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.33(6), (28) FS. Law Implemented 1002.33(6), (21), 1002.331, 1002.332(2) FS. History–New 10-25-10, Amended 7-9-12, 12-23-14, 8-6-15, 2-9-16, 12-20-16, 1-1-18, 12-22-19, 11-22-22, 9-26-23, 11-21-23, 8-27-24.

Fla. Admin. Code R. 6A-6.07861 Model Forms for Charter Technical Career Center Applicants and Sponsors

(1) Persons or entities submitting a charter school application must use Form CTCCAPP1, Model Florida Charter Technical Career Center Application, effective August 2018 (http://www.flrules.org/Gateway/reference.asp?No=Ref-09630), pursuant to Section 1002.34, F.S., Form CTCCAPP1 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.fldoe.org/academics/career-adult-edu/career-adult-edu-technical-assistance-.stml or from the Division of Career and Adult Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(2) Sponsors shall evaluate Model Florida Charter Technical Career Center Applications using Form CTCCEVAL1, Model Florida Charter Technical Career Center Evaluation Instrument, effective August 2018 (http://www.flrules.org/Gateway/reference.asp?No=Ref-09631). Form CTCCEVAL1 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.fldoe.org/academics/career-adult-edu/career-adult-edu-technical-assistance-.stml or from the Division of Career and Adult Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

History

• Rulemaking Authority 1002.34 FS. Law Implemented 1002.34 F.S. History–New 8-21-18.

Fla. Admin. Code R. 6A-6.07862 Model Forms for District Innovation Schools of Technology

(1) A District seeking approval for a District Innovation School of Technology must use Form IEPC-DIST1, District Innovation School of Technology Application, effective June 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-04153), pursuant to Section 1002.451, F.S. Form IEPC-DIST1 is hereby incorporated by reference herein and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. Completed applications must be submitted to the address above.

(2) The State Board of Education shall evaluate a District Innovation School of Technology Application using Form IEPC-DIST2, District Innovation School of Technology Application Evaluation Instrument, effective June 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-04155). Form IEPC-DIST2 is hereby incorporated by reference herein and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

History

• Rulemaking Authority 1002.451(6)(h) FS. Law Implemented 1002.451 FS. History–New 6-25-14.

Fla. Admin. Code R. 6A-6.0787 Ballot Process for Teacher and Parent Voting for Charter School Conversion Status

An application proposing to covert an existing public school to a charter school must demonstrate the support of teachers and parents in accordance with Section 1002.33(3)(b), F.S. The following provisions are established to detail the ballot process by which such support shall be demonstrated.

(1) Initiation of ballot process. A district school board, the principal, teachers, parents, and/or the school advisory council at an existing public school that has been in operation for at least two (2) years may submit a request in writing to the school administrator to conduct a vote for conversion. The administrator shall complete the ballot process within sixty (60) days of receipt of the written request.

(2) Ballot process.

(a) Support for a conversion charter school shall be determined by secret ballot.

(b) Teachers and parents shall be offered the opportunity to vote on whether or not to approve the charter school proposal.

(c) A minimum of one school day shall be allotted for teachers to submit a ballot and a minimum of six (6) consecutive school days shall be allotted for parents to submit a ballot.

(d) Written notification of a ballot shall be provided to teachers and parents at least thirty (30) days prior to conducting the ballot. The notification shall include, at a minimum:

1. The definition of a charter school;

2. A description of the conversion process;

3. The dates and conditions under which a ballot may be submitted;

4. The date and location of a scheduled public meeting where the ballots will be counted; and,

5. Contact information for additional questions.

(e) The official ballots shall be created and distributed by the school and submitted by teachers and parents in a sealed, unmarked envelope also provided by the school.

(f) Separate ballot boxes shall be created for teacher and parent votes and each box shall be visibly sealed, supervised during school hours, and secured when the school is closed in order to maintain the confidentiality of ballots.

(g) Upon placement of the ballot by the voter into the ballot box, the school administrator or designee who is not eligible to vote shall confirm the individual’s eligibility to vote and document who submitted the ballot in order to ensure only eligible individuals vote and no individual votes more than once.

(3) Ballot results.

(a) As soon as possible, but not more than three (3) school days after closing the ballot, a public meeting shall be held in which an independent arbitrator, selected by the agreement between the school administrator and the applicant, will unseal the teacher and parent ballot boxes and count the ballots aloud in the presence of meeting attendees.

(b) Each vote shall be tallied by the independent arbitrator.

(c) The final ballot results shall be posted in a prominent location on the school site.

(d) If at least fifty (50) percent of teachers employed at the school and at least fifty (50) percent of voting parents support the charter proposal, provided that a majority of parents eligible to vote participate in the process pursuant to (5)(d), the conversion charter application must be submitted during the same calendar year the vote is held. If this voting threshold is not met, an application may not be submitted to the sponsor.

(e) Only one (1) vote per calendar year may be held.

(4) Teacher voting. For purposes of this rule a teacher is an individual as defined in Section 1012.01(2)(a), F.S., and employed by the school for more than half of each school day. School administrators are not eligible to vote.

(a) Teacher ballots shall be uniform in design and created and distributed by the school along with a sealable, unmarked envelope.

(b) A teacher who is absent, on leave, or otherwise unavailable to submit his or her ballot during the designated balloting window may:

1. Designate another individual to submit his or her ballot. The teacher must put the sealed ballot in another envelope and sign the seal of the outside envelope. When the designee presents the ballot at the school’s site, it shall be removed from the signed outer envelope and immediately placed in the ballot box.

2. Submit the ballot early upon mutual agreement between the teacher and the school administrator.

(c) A teacher may refuse to vote or choose not to submit a ballot, which is equivalent to voting not to approve the charter proposal.

(5) Parent voting. For purposes of this rule, each household shall receive one ballot regardless of the number of students residing in the household. If a student has two households, the household of the enrolling parent shall receive the ballot.

(a) Parent ballots shall be uniform in design and created and distributed by the school along with a sealable, unmarked envelope.

1. The ballot and envelope shall be mailed to the household of each student enrolled in the school before the ballot is conducted.

2. Extra ballots shall be made available at the school’s location during the balloting window.

3. A ballot may be sent home with a student if the parent’s address is found to be invalid.

(b) If the parent is unable to submit the ballot in person at the school site, he or she may put the sealed ballot in another envelope, sign the seal of the outside envelope, and mail the ballot to the school. The parent shall include identification on the outer envelope such as a return address to ensure only one ballot is submitted per household. If the ballot is submitted improperly, it shall not be counted.

(c) A teacher who is also the parent of a student enrolled in the school shall be allowed to submit both a teacher ballot and the parent ballot submitted for the household.

(d) A majority of parents eligible to vote must participate in the ballot process pursuant to Section 1002.33(3)(b), F.S.; therefore, for purposes of this rule, a majority is more than half.

History

• Rulemaking Authority 1002.33(28) FS. Law Implemented 1002.33(3)(b) FS. History–New 6-22-10, Amended 11-22-22, 9-24-24.

Fla. Admin. Code R. 6A-6.0788 Notice Requirements for Charter School Performance Data

History

• Rulemaking Authority 1002.33(21), (26) FS. Law Implemented 1002.33(21) FS. History–New 11-15-10, Repealed 10-17-17.

Fla. Admin. Code R. 6A-6.079 Area Vocational Technical Center

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.068(4), 230.64, 235.014 FS. History–New 9-17-72, Amended 2-18-74, 12-5-74, Formerly 6A-6.79, Transferred to 6A-2.02.

Fla. Admin. Code R. 6A-6.0790 Florida College and University Charter School Sponsors

(1) Purpose. The purpose of this rule is to set forth the procedures and standards for review and approval of a Florida College System (FCS) institution or a State University System (SUS) institution to act as a sponsor of a charter school, pursuant to Section 1002.33, F.S.

(2) Definitions.

(a) “Department” means the Florida Department of Education.

(b) “LEA” or “local educational agency” means the entity responsible for administering federal programs, including federal education programs for the charter schools it sponsors. An LEA is responsible for overseeing activities funded by federal dollars and ensuring compliance and accountability with federal laws and regulations.

(c) “Service area” means the counties listed in Section 1000.21, F.S., that constitute the service areas for each FCS institution and for each state university. FCS institutions may only authorize a charter school located in its service area.

(d) “Sponsor” means an FCS institution or state university that meets and continues to meet the requirements of a sponsor described in Section 1002.33, F.S., and this rule to authorize or sponsor a charter school in Florida.

(e) “Workforce demands” means a program designed to provide any training or assistance as set forth in Section 14.36(2)(e), F.S.

(3) Sponsor Application. In order to apply to act as a charter school sponsor, a college or university must submit a completed Standard Application to Sponsor Charter Schools for Florida SUS Institutions and FCS Institutions (Form IEPC-CUA, August 2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-14586, incorporated by reference in this rule, and which may be obtained electronically on the Florida Department of Education’s (Department) website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, 325 West Gaines Street, Tallahassee, Florida 32399-0400).

(4) Review and Approval Process.

(a) Applications may be submitted at any time of the year.

(b) Within forty-five (45) days of receipt of the application, the Department will schedule an interview with the applicant and notify the applicant of any missing information and seek clarification of information needed in order to approve the application.

(c) The applicant shall have a minimum of twenty (20) days to provide to the Department missing or supplemental information, or to correct deficiencies.

(d) The Department must notify an applicant of approval or denial of the application within fifteen (15) business days of the interview or receipt of the information provided under paragraph (4)(c), whichever occurs later.

(5) Standards for Approval. In order to be approved to sponsor a charter school, an applicant must demonstrate the capacity to authorize, monitor, and support a charter school governing board in accordance with the requirements of this rule and Section 1002.33, F.S. An applicant must be able to provide administrative and education services to charter schools, as set forth in Section 1002.33(20), F.S., support and monitor charter schools to ensure all sponsored schools comply with the duties set forth in Section 1002.33(16), F.S., and associated rules, and meet all responsibilities as an LEA. Capacity may be provided in the form of documents, description of leadership and personnel, or other evidence. The application shall document:

(a) The college or university’s vision and goals for charter school sponsoring;

(b) Evidence that the institution employs at least one individual at the president’s leadership level to oversee the institution’s sponsorship program, and has provided for additional personnel at the institution for a successful program;

(c) For an SUS institution, that the sponsored school will offer programs designed to meet educational or workforce demands; for an FCS institution, that the sponsored school will offer programs designed to meet workforce demands in any county of the sponsor’s service area.

(d) The capacity to meet responsibilities of the local educational agency (LEA) for federal funding purposes, under the Elementary and Secondary Education Act, 20 U.S.C. ss. 6301, et seq., the Individuals with Disabilities Education Act, 20 U.S.C. ss. 1400 et seq., and the Carl D. Perkins Act, 20 U.S.C. 2301 ss. et seq., along with implementing regulations of these acts;

(e) The capacity to ensure there are one or more safe-school officers at each of the sponsored charter schools, pursuant to s. 1006.12, F.S., and ensure that each sponsored school is compliant with school safety measures, including Sections 943.082(4)(b), 1006.07(6)(c), (7), (9), 1006.12, 1006.1493, and 1012.584, F.S;

(f) The capacity to determine eligibility of students for school food and nutrition programs and to provide reporting services for the National School Lunch Program, as set forth in 42 U.S.C. s. 1751 et seq, Section 595.404, F.S., and implementing regulations. The sponsor must ensure that funds due to sponsored charter schools are paid to the schools as they begin serving food under the program;

(g) The capacity and procedures to fully participate in the Department’s accountability system, as set forth in Sections 1008.22, 1008.23, 1008.24, and 1008.25, F.S., and associated rules;

(h) The procedures or a contract for processing teacher certification data services under Section 1012.56, F.S., and an approved master inservice plan under Section 1012.98, F.S.;

(i) The procedures for reporting educator misconduct under Chapter 1012, F.S.;

(j) The procedures or a contract to comply with student and staff information services and state reporting requirements, including applying to the Department for a unique Master School Identification number for each school to be sponsored under Rule 6A-1.0016, F.A.C.;

(k) An assurance that the program will adhere to the reporting requirements outlined in the Statement of Assurances provided in the Standard Application to Sponsor Charter Schools referenced in this rule (Form IEPC-CUA); and

(l) Adequate funding for operation of the school. For institutions that did not receive an appropriation as provided in Section 1002.33(17)(b), F.S., evidence of equivalent funding from another source to support the operations of the school beginning in the school year when students are expected to enroll.

(6) Terms and Conditions of Approval to Sponsor.

(a) An approved sponsor shall require charter school applicants to utilize the Model Florida Charter School Application (Form IEPC-M1, referenced in Rule 6A-6.0786, F.A.C.).

(b) Unless an approved sponsor denies an application to operate a charter school based upon its discretionary authority under sub-subparagraph (5)(a)3.c., a sponsor shall evaluate an application using the Standard Model Charter School Application Evaluation Instrument (Form IEPC-M2, referenced in Rule 6A-6.0786, F.A.C.).

(c) An approved sponsor shall use the Florida Standard Charter Contract for all initial contract negotiations with its sponsored school. The contract may include mutually agreed to revisions as indicated in Section 1002.33(7), F.S.

(d) Prior to initially sponsoring a charter school, the sponsor shall participate in Department training on the requirements in law for charter school sponsors.

(7) Termination of college or university charter school sponsorship authority.

(a) Any sponsor that decides to terminate its sponsorship authority shall submit to the Department a transition plan for the charter schools and their students and provide notice of its decision to the Department, the schools, the families, and the school districts in which the schools are operating. The plan must include the date of termination of its sponsor authority and be designed to assure the academic continuity for all students at the schools, including the transfer of student records.

(b) In order to minimize any disruption to students, termination of sponsor authority and accompanying responsibilities may not occur during the school year (August to June). The sponsor also must provide a minimum of three months between the submission of its termination plan and the termination of its sponsorship.

History

• Rulemaking Authority 1002.33(28) FS. Law Implemented 1001.02(1), (2)(n), 1002.33 FS. History–New 8-16-22.

Fla. Admin. Code R. 6A-6.0791 Special Magistrate for Unresolved Student Welfare Complaints at Charter Schools

(1) Purpose. The purpose of this rule is to provide information about the process for a parent of a student enrolled in a charter school to request appointment of a Special Magistrate for disputes involving the student’s health, safety, or welfare as described in Section 1001.42(8)(c), F.S.

(2) Definitions. In this rule, the terms have the following meaning:

(a) “Days” means business days and excludes state, federal and school district holidays;

(b) “Department” means the Florida Department of Education;

(c) “Parental Request for Appointment of a Special Magistrate for Charter School Students” or “Parental Request” means the written form adopted by and incorporated into this rule.

(d) “Parent” means the definition of that term provided in Section 1000.21, F.S.;

(e) “Parties” means the parent who submitted a request for appointment of a Special Magistrate and the school district and charter school governing board;

(f) “Special Magistrate” means an administrative law judge provided by the Division of Administrative Hearings under Section 120.65(6), F.S., or a person appointed by the Commissioner of Education who is a member of the Florida Bar in good standing with a minimum of five years of administrative law experience;

(3) Parental Obligations. In order to request appointment of a Special Magistrate, a parent must:

(a) Complete the form entitled “Parental Request for Appointment of a Special Magistrate for Charter School Students;”

(b) Describe the nature of the dispute;

(c) Describe the resolution or relief sought with the charter school principal or designee appointed by the charter school governing board and subsequently, with the school district that sponsors the charter school;

(d) Describe the resolution sought from the Special Magistrate and the State Board of Education;

(e) Demonstrate that before filing for the appointment of a Special Magistrate, resolution of the dispute was sought by the parent with:

1.The principal or designee appointed by the charter school governing board to resolve parental disputes; and

2. The school district, all in accordance with the procedures adopted by the school district for resolution of the dispute:

(f) Provide and maintain accurate contact information such as an email address, telephone number and mailing address for the parent.

(4) School District Obligations. Each school district must:

(a) Develop procedures to resolve student health, safety, or welfare complaints under Section 1001.42(8)(c), F.S., for a student who is enrolled in a charter school sponsored by the district. These procedures must include the following:

1. The process for resolution when the charter school principal or designee is unable to resolve the dispute to the parent’s satisfaction;

2. Providing a parent with a statement of the reasons for not resolving the dispute, when the district is unable to resolve the complaint; and

3. The time limits for a response or notice of reasons for not resolving the dispute, which must be no more than 30 days from receipt of the complaint.

(b) Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate for charter school student complaints and notify the Department of the name and email address of the individual;

(c) Within five (5) days of receipt of notice that a parent has requested the appointment of a Special Magistrate as described in subsection (3), provide to the Department a statement addressing whether any of the grounds for dismissal as described in paragraph (7)(b) of this rule apply to the parental request for appointment of a Special Magistrate; and

(d) Expeditiously contract for payment of a Special Magistrate appointed by the Commissioner of Education and notify the Department within no more than twenty (20) days after receiving notice of the appointment of a Special Magistrate that an agreement has been reached for payment with the appointed Special Magistrate.

(5) Charter School Governing Board’s Obligations. To ensure that the Special Magistrate process is available to a parent of a student enrolled in a charter school, a charter school governing board must:

(a) Adopt procedures to notify parents of the following:

1. The ability to seek relief from the school principal or designee for a dispute under Sections 1001.42(8)(c)1.-7., F.S.;

2. If the parent remains aggrieved after receiving the response from the principal or designee, the ability to seek relief from the school district that sponsors the charter school; and

3. The time limits for a response, which must be no more than seven days from receipt of the complaint for the principal/designee and no more than 30 days from receipt of the complaint for the school district.

(b) Fully cooperate in the district’s resolution procedures and comply with the district’s decision for resolution of the complaint; and

(c) Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate and notify the Department of the name and email address of the individual.

(6) Financial Costs Related to Disputes Involving Special Magistrate Process for Charter School Students. All costs a district incurs for reviewing and responding to a complaint lodged by a parent of a student enrolled in a charter school under this rule, is a service provided by the school district to the charter school; contracts for such services are limited to the district’s actual costs unless mutually agreed to by the school district and charter school, based upon the provisions of Section 1002.33(20)(b), F.S.

(7) Department of Education Obligations.

(a) Review of “Parental Request for Appointment of a Special Magistrate for Charter School Students.” Upon receipt of the form entitled “Parental Request for Appointment of a Special Magistrate for Charter School Students,” the Department will:

1. Review the form and provide an opportunity for the parent to provide missing or supplemental information within twenty (20) days of receipt of a Departmental notice that missing or supplemental information is needed;

2. Notify the charter and the school district of receipt of the Parental Request for Appointment of a Special Magistrate for Charter Schools; and

3. Provide written notice to the parent, charter school and school district that the request has been provided to the Commissioner of Education for consideration or provide notice of dismissal of the Parental Request.

(b) Dismissal of Parental Request for Appointment of Special Magistrate by the Department. The Department will dismiss a Parental Request under the following circumstances:

1. The parent notifies the Department that the dispute has been resolved or withdrawn;

2. The Parental Request form has not been substantially completed, after the opportunity to provide missing or supplemental information has been provided;

3. The parent has not demonstrated full and complete use of any charter school and school district procedures for resolving the dispute;

4. The matter in dispute falls under the Individuals with Disabilities Education Act, as amended, and its implementing regulations, or under Section 1003.56, F.S., and rules adopted by the Department to implement Section 1003.56, F.S., or is otherwise outside of the scope of the student welfare requirements set forth in Sections 1001.42(8)(c)1.-7., F.S.; or

5. The parent has failed to maintain accurate contact information with the Department or the Special Magistrate.

(c) Obligations Post Appointment of Special Magistrate. Upon appointment of a Special Magistrate by the Commissioner under subsection (8) of this rule, the Department will:

1. Provide the parties notice of the appointment of a Special Magistrate and advise the parties of the following:

a. The name and contact information of the Special Magistrate;

b. The time frame when the Special Magistrate is expected to provide a written recommendation to the State Board of Education; and

c. The requirement to maintain accurate contact information with the Department and the Special Magistrate;

2. Provide to the Special Magistrate the following:

a. The Parental Request and any supplemental information received by the Department upon review of the Parental Request; and

b. To allow sufficient time for review by the State Board of Education of a recommendation rendered by the Special Magistrate, the time frame(s) when a recommended decision is expected to be provided by the Special Magistrate to the parties and the State Board of Education. This timeframe may be extended by agreement of the parties.

(8) Commissioner of Education. The Commissioner of Education will review each pending completed Parental Request and decide whether to appoint a Special Magistrate utilizing the following factors:

(a) Whether there is authority and the ability to provide effective relief to the parent through the Special Magistrate process;

(b) Whether the parent is seeking or has already sought relief in court;

(c) Whether due to a change in circumstances, such as a change in a student’s school or grade level or a change in procedures or training, the dispute is moot or not ripe; and

(d) Whether grounds for dismissal of the Parental Request, as described in paragraph (7)(b) of this rule, are found to exist.

(9) Special Magistrate Procedures.

(a) Where an administrative law judge provided by the Division of Administrative Hearings is available and assigned to act as the Special Magistrate, proceedings before the Special Magistrate will be held in accordance with the rules of the Division of Administrative Hearings, except where inconsistent with this rule or Section 1001.42(8)(c), F.S.

(b) Where a Division of Administrative Hearings administrative law judge is unavailable or the Commissioner appoints the Special Magistrate, the following procedures apply:

1. The Special Magistrate shall set and notify all parties of the time and place of the hearings.

2. Any party directly involved in the proceeding may appear at the hearing with or without counsel or by other representative.

3. The parties or the Special Magistrate may call, examine, and cross-examine witnesses and enter evidence into the record. Witnesses shall be examined under oath. Evidentiary matters before the Special Magistrate shall be governed by the Administrative Procedure Act.

4. The Special Magistrate may permit the submission of written memorandum by the parties.

(c) Following the close of the hearing, the Special Magistrate shall prepare a recommended decision, determining whether a parent has demonstrated a violation of the requirements of Section 1001.42(8)(c), F.S., by the charter school. The Special Magistrate’s recommended decision shall be based upon the evidence presented and argument made before the Special Magistrate. The recommendation shall include findings of fact and recommendations for resolution of the dispute by the parties.

(d) The Special Magistrate’s recommended decision is due within thirty (30) days of the date a parent request is received by the Special Magistrate from the Department. The 30-day time frame can be extended upon agreement. A party may be deemed to have agreed to an extension if unavailable for hearing at the date and time set or where a party fails to timely respond to scheduling orders issued by the Special Magistrate.

(10) The following form is incorporated by reference and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/: Parental Request for Appointment of a Special Magistrate for Charter School Students, Form No. CSSM-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16016) (effective November 2023).

History

• Rulemaking Authority 1001.02(1), (2)(n), 1001.42(8)(c)7.b. FS. Law Implemented 1001.42(8)(c)7.b., 1002.33(9)(p)2. FS. History–New 11-22-22, Amended 11-21-23.

Fla. Admin. Code R. 6A-6.0792 Charter School Review Commission

(1) Purpose. The purpose of this rule is to set forth the process by which the Charter School Review Commission will review charter school applications and subsequently inform the applicant and sponsor on whether the Commission has approved or denied an application.

(2) Definitions.

(a) “Applicant” means the proposed charter school.

(b) “Commission means the Charter School Review Commission.

(c) “Department” means the Florida Department of Education.

(d) “Institute” means the entity selected by the Department pursuant to s. 1002.3301, F.S., for purposes of providing administrative and technical assistance by reviewing and providing an analysis of charter school applications submitted to the Commission.

(e) “Sponsor” means a district school board of the school district in which the proposed charter school will be located.

(3) The Commission.

(a) The Commission must consist of seven (7) members who have charter school experience, selected by the State Board of Education and subject to confirmation by the Senate.

(b) The Commissioner of Education must designate one member as the chair. Each member must be appointed to a 4-year term. However, for the purpose of achieving staggered terms, of the initial appointments, three (3) members must be appointed to 2-year terms and four (4) members must be appointed to 4-year terms. All subsequent appointments must be for 4-year terms.

(4) Application submission.

(a) In order to request an application review from the Charter School Review Commission, an applicant must submit a completed Model Florida Charter School Application to the Institute using Form IEPC-M1, incorporated by referenced in Rule 6A-6.0786, F.A.C., which may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org. Information on the Institute’s method of receiving applications electronically also may be obtained at http://www.floridaschoolchoice.org.

(b) In addition to IEPC-M1, an applicant must submit the Standard Letter of Intent for Commission Review, incorporated in this rule as IEPC-LOI, effective November 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16021), which may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org.

(c) Within three (3) calendar days after an applicant submits an application to the Institute, the applicant must also provide a copy of the application to the school district in which the proposed charter school will be located. Within thirty (30) calendar days after receiving a copy of the application, the school district may provide input using the Standard Form for District School Board Input, Form IEPC-INP, effective November 2023, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16022) incorporated by reference in this rule, and which may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org.

(5) Application review.

(a) Within twenty- four (24) hours of receiving an application, the Institute must notify the Department of the date and time the application was received, the applicant’s name, and the proposed sponsor.

(b) The Institute must complete its review of an application no later than thirty (30) days prior to the scheduled meeting of the Commission.

(c) The Institute must conduct a complete and thorough review of the application. The Institute, at its discretion, may request additional or supplemental information from the applicant, or the sponsor in which the proposed charter school will be located, and must consider such information.

(d) The application review must include an interview of the applicant’s team. The interview may be conducted via electronic means.

(e) The Institute must consider input from the district in which the proposed charter school would be located as described in paragraph (4)(c) of this rule.

(6) Recommendations to the Commission.

(a) Upon completion of the application review and no later than thirty (30) days prior to the scheduled meeting of the Commission, the Institute must submit its recommendation to the Department using Form IEPC-M2, Florida Charter School Application Evaluation Instrument, incorporated by reference in Rule 6A-6.0786, F.A.C. Form IEPC-M2 may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org.

(b) With its recommendation, the Institute must also submit to the Department a summary document describing the Institute’s analysis of the application and addressing any specific concerns asserted by the proposed sponsor.

(c) Any documents or information used or relied upon in analyzing the application and making the recommendation, including available transcripts, must be submitted to the Department with the recommendation and summary document.

(7) Meetings of the Commission.

(a) General requirements.

1. All meetings of the Commission must be publicly noticed and open to the public.

2. A majority of the members of the Commission constitutes a quorum.

3. A majority of the Commission will meet four (4) times each year, or as required.

4. Meeting dates of the Commission will be published on an annual basis on the Department’s website at http://www.floridaschoolchoice.org, or may be obtained from the Office of Independent Education and Parental Choice, 325 W. Gaines Street, Tallahassee, Florida 32399-0400.

(b) Commission meeting procedures for considering complete applications.

1. To have an application considered during a meeting of the Commission, an applicant must submit a completed application pursuant to subsection (4) of this rule at least ninety (90) days prior to the date the Commission is scheduled to meet. Applications submitted less than ninety (90) days before that date will be considered at a future meeting, or the next available date.

2. At the Commission meeting in which the applicant’s application is being considered for approval, the applicant may present information on its application before the Commission for a maximum of five (5) minutes.

3. The Department and, as necessary, the Institute will be provided with five (5) minutes to present its analysis and recommendations to the Commission.

4. The proposed sponsor, if in attendance, may, at its discretion, address the input it provided during the application review period pursuant to paragraph (4)(c) of this rule.

5. The Commission may ask questions of the applicant, the Department, the Institute, or the sponsor, if attending the meeting.

6. Upon reviewing the application, the relevant documents, the recommendations of the Department and the Institute, and considering the information presented at the meeting, the Commission must then proceed by majority vote to either approve or deny the charter school application.

(8) Informing the applicant and sponsor of the Commission’s decision.

(a) The chair of the Commission must inform the applicant and sponsor in writing as to the whether the Commission has approved or denied the charter application

(b) Within thirty (30) days after the Commission’s decision approving the application, the district school board of the school district in which the proposed charter school will be located must provide an initial proposed charter contract to the charter school pursuant to Section 1002.33(7)(b), F.S., and Rule 6A-6.0786, F.A.C.

(c) If the application is denied, the applicant may appeal the Commission’s decision in accordance with Section 1002.33(6)(c), F.S.

History

• Rulemaking Authority 1002.33(28), 1002.3301 FS. Law Implemented 1001.02(1), (2)(n), 1002.33, 1002.3301 FS. History–New 11-29-23.

Fla. Admin. Code R. 6A-6.080 Certification of Nursing Assistants

History

• Rulemaking Authority 229.053(1), 400.211(6) FS. Law Implemented 400.211 FS. History–New 11-24-83, Formerly 6A-6.80, Amended 12-24-90, Repealed 10-18-94.

Fla. Admin. Code R. 6A-6.081 Use and Reporting of Funds for Vocational Education

History

• Rulemaking Authority 233.068(4) FS. Law Implemented 233.068(4) FS. History–New 9-17-72, Amended 12-5-74, Formerly 6A-6.81, Repealed 5-29-90.

Fla. Admin. Code R. 6A-6.082 Contractual Arrangements with Nonprofi8t Agencies Offering Educational Alternatives

History

• Rulemaking Authority 229.053(1), 230.2315 FS. Law Implemented 230.2315 FS. History–New 10-7-81, Formerly 6A-6.82, Repealed 10-18-94.

Fla. Admin. Code R. 6A-6.083 Missing Florida School Children

(1) The Department shall provide a list of missing Florida school children to school districts on a monthly basis which shall contain the following information, when available: name, date of birth, color of eyes, color of hair, race, sex, height, weight, age, originating agency, incident type, date reported missing, control number, case number, last address, occupation, social security number, drivers’ license number, license plate number, vehicle identification number, known aliases and any remarks. The monthly information shall be provided to the school districts by the Department on either a computer tape or printed form.

(2) Upon determining that information relating to a student matches the information on the most current missing child list, it shall be the responsibility of the school district to contact the local law enforcement agency immediately and provide written notification within seventy-two (72) hours to the Chancellor, K-12 Public Schools, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399, on a form provided by the Department.

(3) The information provided by the school district to the local law enforcement agency and the Department regarding missing children shall be the following: student’s name, race, sex, date of birth, originating agency, case number, school name and address and current home address.

(4) The school district shall follow existing school board policy regarding release of further information in the student’s educational record to law enforcement agencies.

History

• Rulemaking Authority 1001.02(1), 937.023(1) FS. Law Implemented 937.023 FS. History–New 3-4-84, Formerly 6A-6.83.

Fla. Admin. Code R. 6A-6.084 Adult Fees in School Districts

History

• Rulemaking Authority 228.061(4), 229.053(1), 239.117 FS. Law Implemented 228.061(4), 236.081(4)(e), 239.117, 239.301, 440.16(1)(c) FS. History–New 12-31-86, Amended 8-30-88, 5-2-89, Repealed 3-24-11.

Fla. Admin. Code R. 6A-6.0900 Programs for English Language Learners

History

• Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-30-90, Amended 5-5-09, 12-23-14, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.0901 Definitions Which Apply to Programs for English Language Learners

(1) English Language Learner means “Limited English Proficient Student,” as defined in Section 1003.56, F.S.

(2) ELL means English Language Learner.

(3) ESOL means English for Speakers of Other Languages.

(4) Home or native language, when used with reference to a student of limited English proficiency, means the language normally used by such students, or the language normally used by the parents of the student.

(5) ELL Committee means a group composed of ESOL teachers and home language teachers, and an administrator or designee plus guidance counselors, social workers, school psychologists or other educators as appropriate for the situation. The parent/guardian will be invited to serve on the ELL Committee for his/her child.

(6) ELL student plan means a written document or an electronic file, which contains the student’s name, the date the plan was completed, instruction by program, including programs other than the ESOL provided, amount of instructional time or the instructional schedule, the date the student’s limited English proficiency is identified, and assessment data used to classify or reclassify the student as an English Language Learner, date of exit and assessment data used to exit students from the ESOL program. Whether hard copy written document or an electronic file, each ELL Plan must be readily identifiable as the ELL Plan. Each completed plan must be maintained as a separate student record, and not replaced or over-written by subsequent data entries.

(7) Basic ESOL means the teaching of English to students whose native language is other than English using the English language as the medium of instruction.

(8) In accordance with Section 1003.56(3)(d), F.S., basic subject areas means instruction in reading, computer literacy, mathematics, science and social studies.

(9) Other subject areas means instruction in courses other than basic ESOL and basic subject areas, such as music, physical education and vocational courses.

(10) Student supportive services means services provided by guidance counselors, psychologists, social workers, visiting teachers, occupational placement specialists, health service providers, school administrators, district level program coordinators, teachers as advisors, or parents.

History

• Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-30-90, Amended 5-7-09, 10-22-13.

Fla. Admin. Code R. 6A-6.0902 Requirements for Identification, Eligibility, and Programmatic Assessments of English Language Learners

(1) Requirements for identification. Each student shall be surveyed upon initial registration in a Florida public school. The survey shall contain the following questions:

(a) Is a language other than English used in the home?

(b) Did the student have a first language other than English?

(c) Does the student most frequently speak a language other than English?

The questions may appear on a school’s registration form or a separate survey form. The home language and the national origin of each student shall also be collected and retained in the district’s data system. Affirmative responses to question subsection (b) or (c), or both requires that the student be placed in the English for Speakers of Other Languages (ESOL) program until completion of the eligibility assessment. A student for whom the only affirmative response to the survey is question (a) does not need to be placed in the ESOL program pending assessment.

(2) Assessment to determine eligibility for appropriate services and funding.

(a) Each student who responded “yes” to any question on the home language survey shall be assessed to determine if the student is limited English proficient based on one of the standards set forth in this subsection. Any student identified by the home language survey who also meets one of the standards in subparagraphs (2)(a)1., 2. and 3. of this rule, shall be classified as an English Language Learner (ELL) and shall receive appropriate instruction and funding as specified in Sections 1003.56 and 1011.62, F.S.

1. Any student in grades K through 12 who scores within the limited English proficient range as determined by the publisher’s standards on a Department of Education approved aural and oral language proficiency test or scores below the English proficient level on a Department of Education approved assessment in listening and speaking, shall be classified as an English Language Learner and shall be provided appropriate services. Assessment of each student’s aural and oral proficiency or listening and speaking should be completed as soon as possible after the student’s initial enrollment but not later than twenty (20) school days after the student’s enrollment.

Prospective kindergarten students may be assessed prior to enrollment during a kindergarten roundup evaluation so long as the assessment is given no earlier than May 1 of the calendar year the student will enroll.

2. Any student in grade 3 or above, who scores at or below 32nd percentile on reading comprehension and writing or language usage subtests of a nationally norm referenced test or scores below the English proficient level on a Department of Education approved assessment in reading and writing shall be classified as an English Language Learner and provided appropriate services. The assessment in reading and writing shall be completed as soon as possible after initial enrollment, but not later than thirty (30) days after enrollment.

3. Upon request of a parent or teacher, a student who is determined not to be an English Language Learner or any student determined to be an English Language Learner based solely on one reading or writing assessment may be referred to an ELL Committee. The parents’ preference as to whether a student is determined to be an ELL or not to be an ELL shall be considered in the final decision. The ELL Committee may determine a student to be an English Language Learner or not to be an English Language Learner according to consideration of at least two (2) of the following criteria in addition to the test results from subparagraphs (2)(a)1. or 2. of this rule:

a. Extent and nature of prior educational or academic experience, social experience, and a student interview,

b. Written recommendation and observation by current and previous instructional and supportive services staff,

c. Level of mastery of basic competencies or skills in English and heritage language according to local, state or national criterion-referenced standards,

d. Grades from the current or previous years, or

e. Test results other than subparagraph (2)(a)1. or 2. of this rule.

(b) Any determinations by the ELL Committee shall be contained in a written evaluation with a narrative description of the basis for the decision, which shall be placed in the ELL Student Plan. Such evaluations shall further set forth a plan, which will be implemented, to address the student’s English language needs. The basis and nature of the ELL Committee’s recommendations shall be documented and maintained in the student’s file.

(c) An ELL Committee, after notification to the parent of the opportunity to participate in the meeting, shall conduct assessments referred to in subsections (2) and (3) of this rule and recommend an ELL Student Plan for such student.

(d) An eligible student shall be reported for ESOL funding as specified in Section 1011.62, F.S.

(e) Notice. Each school or school district shall provide notice to parents of an ELL identified for participation or participating in a language instruction educational program, within thirty (30) days after the beginning of the school year or, for students who were not identified prior to the beginning of the school year, but were identified during the school year, within the first two (2) weeks of the student being placed in a language instruction educational program. The notice shall inform the parent of the following:

1. The reasons for the identification of their child as an ELL and the need for the child’s placement in a language instruction educational program,

2. The child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement,

3. The methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction,

4. How the program in which their child is, or will be, participating will meet the educational strengths and needs of their child,

5. How such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation,

6. The specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for ELLs, and the expected rate of graduation from high school (for students in high schools),

7. In the case of a student with a disability, how such program meets the objectives of the individualized education program of the student; and,

8. Information pertaining to parental rights that includes written guidance –

a. Detailing the right that parents have to have their child immediately removed from such program upon their request,

b. Detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and,

c. Assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered.

(3) Programmatic Assessment.

(a) Each student determined to be an ELL shall be further assessed in academic areas so as to aid the student’s teacher in developing an appropriate instructional program.

(b) Each school district shall seek to document the prior schooling experience of ELLs by means of school records, transcripts and other evidence of educational experiences, and take such experiences into account in planning and providing appropriate instruction to such students. The school district shall award equal credit for courses taken in another country or a language other than English as they would the same courses taken in the United States or taken in English. For foreign-born students, the same district adopted policies regarding age appropriate placement shall be followed as are followed for students born in the United States. Should a school district use a placement test for determining appropriate grade or course placement, such assessment may not be based in whole or in part on the student’s English language proficiency. Students classified as ELLs shall be placed in the appropriate English for Speakers of Other Language or Language Arts through ESOL course and core subject area courses based on their assigned grade level.

(c) Any teacher, administrator, parent or parent’s designee may request the convening of an ELL Committee to review the student’s progress in attaining necessary subject area competencies or in overcoming persistent deficiencies in overall student performance. The ELL Committee may be reconvened at any time after a student has been served for a semester. The ELL Committee shall make recommendations for appropriate modifications in the student’s programming to address problems identified and shall document such modifications in the student’s ELL Student Plan.

(d) Parents have the right to have their child immediately removed from a language instruction educational program and to decline to enroll the student in such a program or choose other instructional options, if available. For purposes of this subparagraph, a “language instruction educational program” means an instruction course in which an ELL is placed for the purpose of developing and attaining English proficiency and which may make instructional use of both English and a child’s heritage language. Nothing herein shall alter the duty of the district to provide qualified, duly certified or endorsed ESOL instructors in accordance with Rule 6A-1.09441, F.A.C., and the Course Code Directory and Instructional Personnel Assignments that is incorporated by reference therein. If any parent or guardian of an ELL communicates a refusal to have his or her child enrolled in an ELL program, the District shall have the student’s principal or another representative of the school meet with the parent to:

1. Describe the range of programs and services that the child could receive if the parent does not refuse, including the methodology the District plans to employ to address the student’s educational needs and the training and qualifications of teachers and any others who would be employed in teaching the student,

2. Discuss the benefits their child is likely to gain by being enrolled in an ELL program and receiving ELL services; and,

3. Explain that, notwithstanding any past practice, the District shall not require students to be assigned to programs specifically designated for ELLs, or schools containing such programs, in order to receive ELL services.

History

• Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History–New 10-30-90, Amended 5-19-08, 10-26-11, 5-30-17.

Fla. Admin. Code R. 6A-6.09021 Annual English Language Proficiency Assessment for English Language Learners (ELLs)

(1) All students classified as ELLs on the first day of the test administration shall be assessed annually on the Assessing Comprehension and Communication in English State-to-State for English Language Learners 2.0 suite of assessments (ACCESS for ELLs 2.0), including Kindergarten ACCESS for ELLs for kindergarten students, ACCESS for ELLs 2.0 for grades 1-12 students, or Alternate ACCESS for students in grades K-12 with the most significant cognitive disabilities. Students pending assessment and classification and former ELLs shall not be assessed on ACCESS for ELLs 2.0 suite of assessments.

(2) The ACCESS for ELLs 2.0 suite of assessments shall be administered in accordance with standard written instructions appropriate for the examination. The written instructions will be issued by the Commissioner in the form of directions for administration and other written communications, and provided to school districts in sufficient time prior to each test.

(3) Provisions shall be made by school districts to administer the test to students who are absent on the designated testing dates according to directions specified by the Commissioner. The directions will be issued in the form of test administration manuals and other written communications, and provided to school districts in sufficient time prior to each test.

(4) For students taking any administration of the Kindergarten ACCESS for ELLs or the ACCESS for ELLs 2.0 assessment, the English language proficiency level is a 4.0 composite score or greater and at least 4.0 in the domain of reading. For students with the most significant cognitive disabilities taking any administration of the Alternate ACCESS assessment, the proficiency level is a composite score of at least P2 in grades K-5, at least P3 in grades 6-8 and at least P4 in grades 9-12.

History

• Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-26-11, Amended 6-25-14, 6-23-16, 5-30-17, 5-13-25.

Fla. Admin. Code R. 6A-6.09022 Extension of Services in English for Speakers of Other Languages (ESOL) Program

(1) Three (3) years after the date of an English Language Learner’s (ELL’s) initial enrollment in a school in the United States, an ELL Committee shall be convened annually to re-evaluate the student’s progress towards English language proficiency. The ELL Committee shall be convened no earlier than thirty (30) school days prior to the third anniversary of the student’s initial enrollment date in a school in the United States, and no later than the anniversary date, unless the student’s anniversary date falls within the first two (2) weeks of any school year. Then, the ELL committee may convene no later than October 1. This process shall be completed annually thereafter.

(2) Any student being considered for extension of services shall be assessed on at least one (1) Department-approved assessment instrument. The assessment shall be administered no earlier than thirty (30) school days prior to the student’s anniversary date. The assessment may be any Department-approved assessment that covers all four (4) domains of listening, speaking, reading, and writing. If the student’s anniversary date falls between the release of the statewide English Language Proficiency assessment and applicable statewide standardized assessment scores in a given school year and October 1 of the following school year, the student’s statewide English Language Proficiency assessment and applicable statewide standardized assessment scores will suffice, and a more recent assessment is not required.

(3) The ELL Committee shall review the student’s academic record holistically and shall consider the assessment results from the assessment administered under subsection (2) of this rule and the following criteria to determine whether the student is English language proficient:

(a) Extent and nature of prior educational or academic experience, social experience, and a student interview;

(b) Written recommendation and observation by current and previous instructional and supportive services staff;

(c) Level of mastery of basic competencies or skills in English and/or heritage language according to state or national criterion-referenced standards, if any;

(d) Grades from the current or previous years; and,

(e) Test results from tests other than the assessment according to subsection (2) of this rule.

(4) If a majority of the ELL Committee determines that the student is not English language proficient, ESOL services shall be extended. If a majority of the ELL Committee determines that the student is English language proficient, the student shall be exited from the ESOL program. The parents’ preference as to whether the student is determined English language proficient or not English language proficient shall be considered in the final decision. If an ELL Committee extends services, the Committee shall refer the student as necessary for appropriate remedial, compensatory, special and supportive service evaluations, and programs.

(5) The basis and nature of the ELL Committee’s decision on whether to extend or not to extend ESOL services shall be documented and maintained in the student’s file.

(6) English Language Learners provided ESOL or heritage language instruction may be reported for funding in the Florida Educational Finance Program for a base period of three (3) years, and may be reported for funding for fourth, fifth, and sixth years of funding, as specified in Section 1011.62, F.S. Lack of a student’s ESOL funding eligibility does not relieve a school district of any obligation it may have under state or federal law to continue to provide appropriate services to ELLs beyond the state ESOL program funding limits.

History

• Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History–New 11-22-11, Amended 10-22-13, 12-23-14.

Fla. Admin. Code R. 6A-6.0903 Requirements for Exiting English Language Learners from the English for Speakers of Other Languages Program

(1) Each student identified as an English Language Learner (ELL) shall continue to receive appropriate instruction until such time as the student is reclassified as English proficient and exited from the English for Speakers of Other Languages (ESOL) Program. English proficiency shall be determined by assessing the student utilizing the statewide English Language Proficiency Assessment and Florida statewide assessment in English Language Arts (ELA)/Reading or Florida alternate assessment, or by ELL Committee determination, in accordance with this rule.

(2) Standards for Student Exit from the ESOL Program.

(a) An ELL shall be determined English language proficient and exited from the ESOL program upon obtaining:

1. Scores of “Proficient” at the applicable grade level on each statewide English Language Proficiency Assessment subtest administered annually pursuant to Rule 6A-6.09021, F.A.C.; and,

2. Scores on the applicable statewide assessment in ELA/Reading or statewide alternate assessment, as follows:

a. For students in grades K-2, the statewide English Language Proficiency Assessment is the only assessment required;

b. For students in grades 3-9, earning a passing score on the grade level ELA/Reading assessment, in accordance with the scores specified in Rule 6A-1.09422, F.A.C., or the statewide alternate assessment, pursuant to Rule 6A-1.09430, F.A.C.; or

c. For students in grades 10-12, earning a passing score on the grade 10 statewide ELA/Reading assessment or a passing score on the grade 10 ELA/Reading assessment (2014-2015), pursuant to Rule 6A-1.09422, F.A.C., or, for eligible students, a passing score on the statewide alternate ELA assessment, pursuant to Rule 6A-1.09430, F.A.C., sufficient to meet applicable graduation requirements. Students may also meet the applicable graduation requirement by earning an equivalent concordant score pursuant to Rule 6A-1.09422, F.A.C.

(b) Upon receipt of the statewide English Language Proficiency Assessment and statewide ELA/Reading assessment scores, schools shall exit students no later than the last school day of the school year. If the statewide English Language Proficiency Assessment or statewide ELA/Reading assessment scores are received after the end of the school year, schools shall exit students within two (2) weeks after the beginning of the next school year and shall use the last day of the school year in which the statewide ELA/Reading assessment was administered as the exit date.

(c) Notwithstanding a student’s statewide English Language Proficiency Assessment scores, upon the request of a student’s teacher, counselor, administrator, or parent, a student who has been classified as an ELL and enrolled in an English for Speakers of Other Languages (ESOL) program may be re-evaluated for English language proficiency by convening an ELL Committee at any time, according to the following procedures:

1. Any student being considered for exit by an ELL Committee shall be assessed on at least one (1) Department-approved assessment instrument, which shall be administered no earlier than thirty (30) school days prior to the ELL Committee’s determination regarding exit. The assessment must cover all four (4) domains, including listening, speaking, reading, and writing. An ELL Committee, for any student with a disability being considered for exit, shall include the Individual Education Plan (IEP) Team pursuant to Rule 6A-6.03028, F.A.C.

2. The ELL Committee shall review the student’s academic record holistically and shall consider the assessment results from the assessment administered under paragraph (2)(a) of this rule, and the following criteria to determine whether the student is English language proficient:

a. Extent and nature of prior educational or academic experience, social experience, and a student interview;

b. Written recommendation and observation by current and previous instructional and supportive services staff;

c. Level of mastery of basic competencies or skills in English and/or heritage language according to state or national criterion-referenced standards, if any;

d. Grades from the current or previous years; and,

e. Test results from tests other than the assessment according to paragraph (2)(a) of this rule.

3. If a majority of the ELL Committee determines that the student is English language proficient, the student shall be exited from the program. If a majority of the ELL Committee determines that the student is not English language proficient, the student shall remain enrolled in the program. For a student with a disability, the Committee shall consider the impact of the student’s disability in its decision. The parents’ preference as to whether a student is determined English language proficient or not English language proficient shall be considered in the final decision.

4. The ELL Committee shall document the records reviewed by the Committee, which must include each of the criteria in subparagraph (2)(c)2. of this rule. The Committee’s decision shall be supported by at least two of the criteria established in subparagraph (2)(c)2. of this rule, and the supporting criteria shall be documented in the student’s file.

History

• Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History–New 10-30-90, Amended 5-19-08, 10-26-11, 5-19-15, 6-23-16, 2-20-24.

Fla. Admin. Code R. 6A-6.09031 Post Reclassification of English Language Learners (ELLs)

(1) The performance of former ELLs shall be reviewed periodically to ensure parity of participation once they have been classified as English proficient. These reviews shall take place automatically at the student’s first report card and semi-annually during the first year after exiting, and at the end of the second year after exiting. Any consistent pattern of either under-performance on appropriate tests or failing grades shall result in the convening of an ELL Committee, after notice to the student’s parents of the opportunity to participate. The ELL Committee shall assess the student’s need for additional appropriate services, such as ESOL. Special consideration shall be given to any decline in grades and decline in test performance and to parent preference.

(2) The ELL Committee shall recommend an appropriate ELL Student Plan for students reclassified as ELLs. The basis and nature of such recommendations shall be documented and maintained in the student’s file. Any such plan shall be reevaluated for continued appropriateness after one year, and each year thereafter as necessary.

(3) Any student who is reclassified as an ELL shall be provided appropriate instruction on the basis of an annual extension pursuant to a documented determination of the student’s needs.

(4) A student who exits the program and is later reclassified as an ELL, may be reported in the ESOL program, as specified in Sections 1003.56 and 1011.62, F.S. Lack of a student’s ESOL funding eligibility does not relieve a school district of any obligation it may have under state or federal law to continue to provide appropriate services to ELLs beyond the state ESOL program funding limits.

History

• Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56, 1011.62 FS. History–New 10-26-11.

Fla. Admin. Code R. 6A-6.0904 Equal Access to Appropriate Instruction for English Language Learners

(1) Each English Language Learner shall be enrolled in programming appropriate for his or her level of English proficiency and academic potential. Appropriate programming includes enrollment in programs other than ESOL funded programs as provided in Rule 6A-6.0908, F.A.C. Such programs shall seek to develop each student’s English language proficiency and academic potential.

(a) English Language Learners shall have equal access to appropriate programs which shall include state funded English for Speakers of Other Languages (ESOL) instruction and instruction in basic subject areas which are understandable to English Language Learners and equal and comparable in amount, scope, sequence and quality to that provided to English proficient students. Instructional services shall be documented in the form of an English Language Learner Student Plan.

(b) English Language Learners with special needs and in need of additional services shall be provided equal and comparable services to those provided to English proficient students on a timely basis and appropriate to their level of English proficiency.

(c) English Language Learners who, by the end of grade 12 fail to meet the 10th grade statewide assessment, shall be provided appropriate programming as specified in Rule 6A-6.0909, F.A.C.

(d) English Language Learners shall be given credit toward fulfilling graduation requirements in English for each basic ESOL course completed satisfactorily. Credit shall be given toward fulfilling graduation requirements for each basic subject area course completed satisfactorily through ESOL or home language.

(2) Basic ESOL instruction.

(a) Basic ESOL programs shall include instruction to develop sufficient skills in speaking, listening, reading and writing English to enable the student to be English proficient.

(b) English Language Learners shall be classified according to their levels of English language proficiency, academic achievement, and special needs, and shall be placed in appropriate instructional services for these levels. Basic ESOL instruction may be provided in heterogeneous classroom settings, such as multiple language groups.

(c) An English Language Learner shall be provided basic ESOL programming for the minimum number of hours per day or week, as specified in the individual ELL student plan. Such plans shall specify that each student receive, at minimum, the amount of basic ESOL instruction which may include special or alternative language arts necessary to attain parity of participation with English proficient students in language arts. The English Language Learner shall not receive less than the total amount of instruction received by an English proficient student at the same grade level.

(d) Basic ESOL services shall seek to prepare students for reclassification as soon as the student has attained a sufficient level of English language proficiency and academic achievement according to the entry and exit standards set forth in Rules 6A-6.0902 and 6A-6.0903, F.A.C.

(e) An English Language Learner’s teacher, parent or parent’s designee, or other school personnel may request the convening of an ELL Committee at any time after the end of the student’s first semester in the program to identify any special problems which may be hindering a student’s progress in ESOL. An ELL Committee shall make appropriate recommendations, as necessary, for the modification of the student’s ELL Student Plan. The nature and basis of such modification, if any, shall be documented in each student’s ELL Student Plan.

(f) The Commissioner of Education shall develop and implement standards and criteria for evaluating the appropriateness of basic ESOL instruction in each district. These standards shall be consistent with state-required curriculum frameworks and student performance standards.

(g) Basic ESOL instruction shall be provided by appropriately qualified personnel.

(3) ESOL instructional and home language instructional strategies in basic subject areas.

(a) School districts shall provide appropriate home language instruction or ESOL content instruction or a combination of the two in basic subject areas in addition to basic ESOL instruction.

(b) School districts are encouraged to use grouping, clustering, and transporting of students where practical and feasible within and between districts to achieve compliance with these standards.

(4) ESOL instruction in basic subject areas.

(a) A district that provides instruction, in whole or in part, through ESOL strategies shall assure and be able to document that:

1. Each course has been structured in conformity with ESOL strategies for teaching English Language Learners basic subject matter;

2. Each course is taught by qualified personnel and that appropriate instructional materials are available to such personnel; and,

3. English Language Learners are learning and progressing towards completion of requirements as specified in the school district’s Student Progression Plan.

(b) The focus of instruction shall be substantive subject matter knowledge parallel and comparable to that provided to English proficient students in basic subject areas, consistent with the Sunshine State Standards as incorporated by reference in Rule 6A-1.09401, F.A.C., and English Language Proficiency Standards consistent with Rule 6A-6.0903, F.A.C.

(c) English Language Learners in ESOL basic subject area classrooms shall have access to an individual proficient in their languages in addition to a trained ESOL subject area teacher. Schools with at least fifteen students speaking the same home language shall provide at least one aide or teacher who is proficient in the same home language and who is trained to assist in ESOL basic subject area instruction.

(d) The Commissioner of Education shall develop or identify standards and criteria for evaluating the appropriateness of the ESOL instruction in basic subject areas.

(5) Home language instruction in basic subject areas.

(a) A district that provides instruction, in whole or in part, through home language instruction shall assure and be able to document that:

1. Each course has been structured in conformity with bilingual strategies for teaching English Language Learners basic subject matter;

2. Each course is taught by qualified personnel and that appropriate instructional materials are available to such personnel; and,

3. English Language Learners are learning and progressing towards completion of requirements as specified in the district’s Student Progression Plan.

(b) The focus of instruction shall be substantive subject matter knowledge parallel and comparable to that provided to English proficient students in basic subjects, consistent with Sunshine State Standards and English Language Proficiency Standards. Such instruction shall incorporate appropriate instructional materials and comparable home language texts when available.

(c) The Commissioner of Education shall develop or identify standards and criteria for evaluating the appropriateness of the home language instruction in basic subject areas.

(6) Interim measures.

(a) English Language Learners shall receive an instructional program which includes basic ESOL instruction and understandable instruction in basic subject areas.

(b) In recognition that appropriately trained personnel might not be available to each student to provide each component, an action plan shall be developed at each school and for each district setting forth the following:

1. The number of students by language group who are denied any one or more of the programming required herein;

2. The documentation of the district’s efforts and lack of success in recruiting, hiring, or training appropriately qualified staff for such programs;

3. Specific activities and timelines for recruiting, hiring and training needed staff; and,

4. A plan of interim measures which must include inservice training programs, utilization of native speaking aides, native language materials and other elements designed to assure that each student’s English language barrier is addressed in an instructionally sound manner.

(7) Parental involvement.

(a) Parental involvement and participation in limited English Language Learners’ educational programming and academic achievement shall be promoted, among other ways, by establishing parent leadership councils at each school, or at the district level, composed in the majority of parents of English Language Learners.

1. Parent leadership council should be promoted.

2. Parents shall be provided training and orientation regarding program monitoring procedures and involvement procedures available to parents of English Language Learners.

(b) Parents shall be informed of the opportunity to be represented on existing school and district advisory committees.

(c) Parents shall be notified in writing of the student’s initial membership in an assigned program. Notification shall be in language that the parent understands, unless clearly not feasible.

History

• Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-30-90, Amended 5-7-09.

Fla. Admin. Code R. 6A-6.0905 Requirements for the District English Language Learners Plan

(1) Each school district shall submit a school district English Language Learner (ELL) plan to the Department of Education describing the district’s proposed procedures and methodologies for serving ELLs and must receive the Commissioner of Education’s approval prior to program implementation.

(2) Councils representing parents of ELLs shall be consulted prior to the submission of the school district ELL plans to the Department of Education. The Department of Education shall consider any councils’ objections to any district ELL plan approval in its review.

(3) The Department of Education shall review the school district ELL plan and approve, disapprove, or return for clarification or further elaboration within sixty (60) days of submission.

(4) A school district ELL plan shall be updated and resubmitted every three (3) years. Interim changes in the plans shall be submitted as amendments to the Department of Education and must be approved by the Commissioner prior to implementation.

(5) School district ELL plan format.

(a) A district’s ELL plan shall include: standards for entry, exit and post-reclassification monitoring; a description of instructional, categorical and student services; provisions for and plans to employ qualified staff; and evidence of consultation with the district’s Parent Leadership Council or other parent advisory body representative of parents of ELL students.

(b) The school district ELL plan shall be submitted to the Department utilizing the Department’s Form ESOL 100 entitled, “District English Language Learners (ELL) Plan (http://www.flrules.org/Gateway/reference.asp?No=Ref-08181),” (May 2017) which is hereby incorporated by reference to become a part of this rule. Copies of this form may be obtained from the Bureau of Student Achievement through Language Acquisition, K-12 Public Schools, Department of Education, 325 West Gaines Street, Room 501, Tallahassee, Florida 32399-0400.

History

• Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-30-90, Amended 5-28-09, 8-23-12, 12-23-14, 6-23-16, 5-30-17.

Fla. Admin. Code R. 6A-6.0906 Monitoring of Programs for English Language Learners

The Florida Department of Education shall monitor districts to ensure compliance with Rules 6A-6.0900 through 6A-6.09091 and 6A-1.09432, F.A.C., and all applicable federal and state laws and regulations including Sections 1000.05, 1001.03, 1002.20, 1003.56 and 1010.305, F.S. Monitoring shall include periodic reviews of the following areas:

(1) Program compliance.

(a) Monitoring shall be in conjunction with and reports shall be consistent with the comprehensive monitoring system of the Division of Public Schools in accordance with Rule 6A-1.0453, F.A.C.

(b) Compliance shall be determined and documented in the following areas:

1. Identification, assessment and programmatic assessment of English Language Learners as defined in Rule 6A-6.0902, F.A.C.;

2. Provision for and implementation of basic ESOL instruction, ESOL instruction in basic subject areas, or home language instruction in basic subject areas as defined in Rule 6A-6.0904, F.A.C.;

3. Employment of qualified personnel as defined or addressed in Rules 6A-1.0503, 6A-4.0244, 6A-4.0245, 6A-6.0907 and 6A-1.09441, F.A.C.; and,

4. Parental involvement as defined or addressed in Rule 6A-6.0904, F.A.C.

(c) When applicable, compliance with the following categorical program and supportive service area requirements as provided in law and rule:

1. Compensatory or remedial education;

2. Exceptional student education;

3. Dropout prevention;

4. Pre-kindergarten;

5. Pre-first grade classes;

6. Career and Technical Education;

7. Adult;

8. Student services; and,

9. Extended day.

(d) Periodic reviews of local district compliance with the Florida Educational Equity Act shall include a review of requirements in Chapter 6A-19, F.A.C., with regard to equal access to categorical programming for eligible national minority students. Reviews will be conducted in accordance with Rules 6A-19.010 and 6A-1.0453, F.A.C.

(e) Data shall be collected annually for all students by the school district and the Department of Education in the following areas:

1. Student’s home language;

2. Student’s national origin; and,

3. Student classified as English Language Learner.

(f) Data shall be collected annually for English Language Learners by the school district and the Department of Education in the following areas:

1. Student classified as English proficient;

2. Student reclassified as English Language Learner;

3. Student reclassified as English Language Learner but not receiving programming as required in Rule 6A-6.0904, F.A.C.;

4. Student in Title I Programs or other federal programs;

5. Student passing the statewide assessment;

6. Student not passing the statewide assessment;

7. Student in compensatory or remedial education programs;

8. Student in exceptional student education program;

9. Student in dropout prevention program; and,

10. Student in prekindergarten program.

(2) Program effectiveness evaluation.

(a) The Department of Education shall design and implement an evaluation system containing output measures.

(b) The goals of program effectiveness evaluations are to more effectively measure outcomes and to substitute, where appropriate, outcome measures for measures contained elsewhere in rules.

(c) The Department of Education shall conduct an equal access data review of all school districts within a three year period in order to ascertain any major deviance from expected data patterns. Where deviations are noted, the school district shall be informed and shall be required to address the issue and report action taken. The district profiles shall include a comparison of (1) national origin minority students, (2) students who are not national origin minorities, and (3) English Language Learners on the following indicators such as participation in categorical programs, participation in special programs in the Florida Education Finance Program, and participation in targeted academic courses.

(d) Data shall be analyzed to determine program effectiveness in such areas as, but not limited to:

1. Acquisition of English language skills by English Language Learners sufficient for parity of participation with English proficient students within a reasonable period of time;

2. Progression toward completion of requirements specified in each district’s student progression plan as evidenced by a comparison of English Language Learner and English proficient students;

3. Comparison of English Language Learner and English proficient students by race/ethnic, national origin and district by the data identified in this subsection; and,

4. Comparison of student identification and student exit data from ESOL programs of English Language Learners and by home language by district and state.

(e) Data shall be collected annually for all students by school district and the Department of Education in the following areas:

1. Retention rates;

2. Graduation rates;

3. Dropout rates;

4. Grade point average;

5. State assessment test scores; and,

6. Students classified as English Language Learners exiting the ESOL program by home language by year.

(3) Monitoring procedures.

(a) The Department of Education shall develop annually a summary report of the results of the monitoring review or the program evaluation.

(b) Each district shall retain documentation to verify compliance with the requirements of law and rules applicable to programs for English Language Learners.

(c) The Department of Education shall prepare and distribute to the school district a report of findings and recommendations or corrective actions on monitoring compliance or effectiveness evaluation. Copies of all reports shall be retained in the individual districts as well as by the Department.

(d) The Department of Education monitoring activities shall be planned and undertaken with appropriate consultation and participation of councils representing parents of English Language Learners. Each district shall be responsible for making a copy of any monitoring report available to councils representing parents of English Language Learners.

(e) The Department of Education shall designate employees to provide technical assistance to those school districts which data suggest that inadequate or inappropriate services are being provided to English Language Learners. Such technical assistance shall include:

1. Joint determination of practices to be investigated by the local school district;

2. Involvement of the parents of English Language Learners and school district personnel in determining actions to improve the situation; and,

3. A summary report to the Division of Public Schools. The data for school districts receiving technical assistance as described above shall be reviewed the following year to identify the impact of any changes made.

(f) Any documented major deviation from expected data patterns or compliance criteria shall require that the district submit to the Department of Education a written explanation of the situation and any action taken.

(g) Technical assistance shall be made available to any district with data which indicates that inadequate or inappropriate services are being provided to English Language Learners.

(h) Districts shall be subject to the procedures and sanctions as set forth in Section 1001.03, F.S.

History

• Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1000.05, 1003.56 FS. History–New 10-30-90, Amended 5-5-09.

Fla. Admin. Code R. 6A-6.0907 Inservice Requirements for Personnel of Limited English Proficient Students

(1) Inservice standards for teachers of math, science, social studies, or computer literacy using ESOL instructional strategies who do not hold a valid certificate with ESOL endorsement or coverage:

(a) Any teacher using ESOL strategies to teach math, science, social studies, or computer literacy assigned to instruct limited English proficient students on September 15, 1990, or for the first time in any given school year thereafter shall complete at least sixty points of inservice training or three semester hours of college credit in methods of teaching English to speakers of other languages, ESOL curriculum and materials development, cross-cultural communications and understanding, or testing and evaluation of ESOL by September 15 of the following year; or

(b) Teachers who had appropriate certification as specified in the 1989-90 Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., for the subjects and grades taught and have completed prior to the 1990-91 school year, at least two years of successful teaching using ESOL strategies to teach math, science, social studies or computer literacy to limited English proficient students as verified in writing by the superintendent, shall complete sixty points of inservice training or three semester hours in methods of teaching English to speakers of other languages, ESOL curriculum and materials development, cross-cultural communications and understanding or testing and evaluation of ESOL. The sixty points of inservice training or the three semester hours of college credit shall be completed for the first certificate renewal after July 1, 1990. The school district shall maintain records on how the teacher was evaluated as successful. The experience in a basic subject area ESOL class, acceptable as provided herein, shall have been taught using ESOL strategies.

(c) Inservice points or credit earned in fulfillment of this subsection may be used toward meeting three of the six semester hours renewal requirements for that validity period.

(2) Inservice standards for teachers of math, science, social studies, or computer literacy using home language instructional strategies who do not hold a valid certificate with ESOL endorsement or coverage:

(a) Any teachers using home language strategies to teach math, science, social studies or computer literacy assigned to instruct limited English proficient students on September 15, 1990, or for the first time in any given school year thereafter shall complete at least sixty points of inservice training or three semester hours of college credit in methods of teaching home language, home language curriculum and materials development, or testing and evaluation in the home language by September 15 of the following year; or

(b) Teachers who had appropriate certification as specified in the 1989-90 Course Code Directory as adopted by reference in Rule 6A-1.09411, F.A.C., for the subject and grades taught and have completed, prior to the 1990-91 school year, at least two years of successful teaching of math, science, social studies or computer literacy through the home language strategies, as verified in writing by the superintendent, shall complete sixty points of inservice training or three semester hours of college credit in methods of teaching home language, home language curriculum and materials development, or testing and evaluation in the home language. The sixty points of inservice training or three semester hours of college credit shall be completed for the first certificate renewal after July 1, 1990. The school district shall maintain records on how the teacher was evaluated as being successful. The experience in a basic subject area class acceptable as provided herein shall have been taught using home language strategies.

(c) Inservice points or credit earned in fulfillment of this subsection may be used toward meeting three of the six semester hours renewal requirements for that validity period.

(d) Teachers who are instructing limited English proficient students in math, science, social studies, or computer literacy in the student’s home language on September 15 of any given school year shall have met by September 15 of the subsequent year the following:

1. A passing grade on a language examination designed to determine whether a person has a language proficiency necessary to teach elementary or secondary students in that language. The Florida Department of Education shall develop by October 1, 1990, a list of approved tests. A district which wishes to use an alternative examination shall submit it to the Florida Department of Education for approval prior to its utilization; or

2. A Florida foreign language certification coverage in the language which the teacher will utilize to instruct limited English proficient students.

(3) Inservice standards for teachers of limited English proficient students in subjects other than English, math, science, social studies or computer literacy who did not hold a valid certificate with ESOL endorsement or coverage:

(a) Any teacher assigned to instruct limited English proficient students in subjects other than English, math, science, social studies or computer literacy on September 15, 1990, or for the first time in any given school year thereafter shall complete at least eighteen points of inservice training or three semester hours of college credit methods of teaching English to speakers of other languages, ESOL curriculum and materials development, cross-cultural communications and understanding, or testing and evaluation of ESOL by September 15 of the following year. Inservice training shall be provided during three full planning days or by other means approved in the district’s LEP plan; or

(b) Teachers who had appropriate certification as specified in the 1989-90 Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., for the subject(s) and grades taught and have completed, prior to the 1990-91 school year, at least one year of successful teaching of other subject areas, to limited English proficient students, as verified in writing by the superintendent, shall complete sixty hours of inservice training or three semester hours of college credit in methods of teaching English to speakers of other languages, ESOL curriculum and materials development, cross-cultural communications and understanding, or testing and evaluation of ESOL. The sixty hours of inservice training or three semester hours of college credit shall be completed for the first certificate renewal after July 1, 1990. The school district shall maintain records on how the teacher was evaluated as being successful.

(c) Inservice points or credit earned in fulfillment of this subsection may be used toward meeting three of six semester hours renewal requirement for that validity period.

(4) Implementation schedule for this rule.

(a) Principles of Implementation.

1. Except as set forth in this subsection, any teacher required to have an endorsement or training pursuant to this rule shall complete such training within one year of his or her initial assignment.

2. Exceptions to subsection (4) of this rule.

a. A beginning teacher shall complete the inservice requirements within two years of initial assignment.

b. A teacher required to have an ESOL endorsement on a certificate pursuant to this rule shall complete course work required for such endorsement within three calendar years of his or her initial assignment.

(b) Interim measures. In recognition that this rule will require large numbers of teachers to be trained for the first time and that this poses a burden for school districts, the following interim measures will be in effect until 1993-94, except as specified herein:

1. During the 1990-91 school year, the following steps shall be taken to provide for a phase-in of the requirements of this rule.

a. Each school district shall conduct a survey of its limited English proficient students and based on the survey shall determine the number of teachers by school who need to be trained under this rule. Such survey will be completed by February, 1991.

b. Each school district shall establish a program to assure that all ESOL basic teachers needing training shall initiate training by the beginning of the 1991-92 school year and shall complete such training by the beginning of the 1994-95 school year.

c. Each school district shall project the number of ESOL subject matter teachers and home language basic subject matter teachers needed by the district and shall initiate a program which will assure that the grouping of teachers with the largest number shall begin training by the beginning of the 1991-92 school year and complete such training by the beginning of the 1993-94 school year and that the grouping of teachers with the lesser number shall begin training by the beginning of the 1991-92 school year and complete such training by the beginning of the 1994-95 school year.

d. Each school district shall also develop and implement a training and informational program for administrators, including principals, concerning this rule and the educational needs of limited English proficient students.

2. Beginning in the 1991-92 school year those teachers requiring inservice training pursuant to rule shall complete such training within a school year. Each year thereafter those teachers who have not already completed the training shall complete the requisite training.

3. Those teachers who must complete specified credit or inservice points for certification renewal pursuant to this rule shall complete such training by the following time periods: Those whose validity period ends prior to July 1, 1993, shall complete requirements by June 1992; those whose validity period ends July 1, 1994, shall complete requirements by June 1993; those whose validity period ends July 1, 1995, shall complete requirements by June 1994.

(5) Inservice training program standards. Programs set forth herein which enable teachers to meet requirements through inservice points shall meet the following standards:

(a) The inservice time shall be divided between contact time and supervised practicum;

(b) The inservice training time allotted for methods of teaching English to speakers of other languages, ESOL curriculum and materials development, cross-cultural communications and understanding, and testing and evaluation of ESOL as set forth in subsections (1) and (3) of this rule, shall be appropriately divided; or

(c) The inservice training time allotted for methods of teaching home language, home language curriculum and materials development, and testing and evaluation in the home language as set forth in subsection (2) of this rule, shall be appropriately divided.

(d) A set of performance competencies with post-tests shall be developed by each district in their master inservice plan for all the inservice training provided in fulfillment of this rule.

(e) Trainers of home language teachers, where possible, shall be persons who speak the targeted home language.

(f) Each inservice program developed to meet the requirements of this rule shall be approved by the Florida Department of Education and shall be monitored at least once every three years to assure that the standards set forth herein are met.

(g) Up to sixty inservice points or three semester hours earned in meeting the requirements as specified in subsections (1), (2) or (3), F.A.C. of this rule may be used by a teacher for certificate renewal.

(h) Each district shall retain records for each teacher and aide that successfully completed the inservice requirements.

(6) Each school district shall develop and implement an inservice program for teacher aides who work with limited English proficient students.

(7) Each school district shall develop and implement the inservice requirements contained in this rule in the district’s master inservice plan.

(8) Each district shall develop and implement training components, in addition to the requirements in this rule, needed to increase the effectiveness and efficiency of the program(s) provided to limited English proficient students.

(9) The Department of Education shall provide technical assistance, including technological assistance where feasible, to school districts in the implementation of the inservice training.

(10) During the 1992-93 school year, the Department of Education shall conduct an evaluation of the system of inservice provided in this rule, and shall make recommendations for revising the system based on analysis of student outcome measures.

History

• Rulemaking Authority 1001.02 FS. Law Implemented 1003.56 FS., as amended by Chapter 2002-387, Laws of Florida. History–New 10-30-90.

Fla. Admin. Code R. 6A-6.0908 Equal Access for English Language Learners to Programs Other Than English for Speakers of Other Languages (ESOL)

(1) English Language Learners (ELL), including refugees and other immigrants, racial and national origin minority students, shall be entitled to equal access to programs and services other than ESOL, such as, but not limited to compensatory, exceptional, early childhood, pre-first grade, vocational, adult education, dropout prevention, extended day, and supportive services regardless of the funding sources.

(2) School-to-Home Communication. All written and oral communication between a school district’s personnel and parents of current or former English Language Learners shall be in the parents’ primary language or other mode of communication commonly used by the parents unless clearly not feasible.

(3) National origin minority or English Language Learners shall not be subjected to any disciplinary action because of their use of a language other than English.

(4) Any person or organization may file a complaint alleging violation of Rules 6A-6.0900 through 6A-6.0909, F.A.C., with the Florida Department of Education.

(a) Complaints shall be specific and in writing.

(b) Findings shall be reported to the district and complainant within sixty days after receipt of the complaint.

(c) Corrective actions shall be required for any confirmed violation.

(d) The complaint process is independent of an individual’s rights under state and federal laws.

(5) Exceptional student education referral. The school district shall ensure that an exceptional student referred for placement into programs for English Language Learners shall have an individual educational plan (IEP) review prior to that placement. A staff representative of the ELL Committee shall be invited to participate in that review.

History

• Rulemaking Authority 1001.02, 1003.56 FS. Law Implemented 1003.56 FS. History–New 10-30-90, Amended 5-5-09.

Fla. Admin. Code R. 6A-6.0909 Exemptions Provided to English Language Learners

(1) English Language Learners shall be assessed for academic progress using guidelines established under Section 1008.22, F.S. English Language Learners who have been enrolled in school in the United States for less than twelve (12) months may be exempted from the statewide assessment in English Language Arts and shall undertake the annual statewide English Language proficiency assessment in accordance with Rule 6A-6.0902, F.A.C.

(2) Each school district shall administer the statewide English Language proficiency assessment to English Language Learners exempted from statewide assessment in accordance with subsection (1) of this rule.

Remedial programming shall be provided to those students who do not meet the performance standards of the statewide assessment program.

(3) English Language Learners who have completed the credits required for graduation and who have failed to meet the 10th grade standards as measured by the statewide standardized assessment shall be eligible for compensatory education for “a thirteenth year” as provided in Section 1003.4282, F.S.

(a) Alternative methods of meeting the standards of the statewide standardized assessment shall be used, where feasible, for English Language Learners who are unable to demonstrate mastery of the standards due to deficiencies in English language proficiency.

(b) English Language Learners who failed to meet the standards after completing the “thirteenth year” may be eligible to be reported for FTE funding in the appropriate courses in the adult education program of the Florida Education Finance Program.

(4) The Department of Education shall assist the district in identifying or developing the alternative methods referenced in subsection (3) of this rule.

(5) If the number of English Language Learners in a district is fewer than ten (10) within a radius of twenty (20) miles of a given school or within the school attendance zone, whichever is larger, a district may apply to the Florida Department of Education for an exemption from the delivery of basic ESOL teacher certified in ESOL. Exemptions shall be granted on a one (1) year basis, are renewable, and may be granted only if the district documents specific efforts to address the English language needs of its students.

(6) Upon verification by a superintendent that the district has been unsuccessful in recruiting ESOL basic, ESOL subject matter, or home language instructors, and that certain positions at given schools cannot be filled during any school year with a person who meets the certification requirements in the Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., or the inservice requirements as specified in Rule 6A-6.0907, F.A.C., a teacher who does not meet the requirements may be assigned to such a classroom on conditions that meet the terms of Rule 6A-1.0503, F.A.C.

History

• Rulemaking Authority 1001.02, 1003.56, 1008.22 FS. Law Implemented 1003.56, 1008.22 FS. History–New 10-30-90, Amended 5-5-09, 12-23-14.

Fla. Admin. Code R. 6A-6.09091 Accommodations of the Statewide Assessment Program Instruments and Procedures for English Language Learners

(1) The Department of Education shall provide accommodations for English Language Learners (ELLs) to enable them to fully participate in the statewide standardized assessment program as defined in Section 1008.22, F.S.

(2) Each school board shall utilize appropriate and allowable accommodations for statewide standardized assessments within the limits prescribed herein. Accommodations are defined as adjustments to settings for administration of statewide standardized assessments, adjustments to scheduling for the administration of statewide standardized assessments to include amount of time for administration, assistance in heritage language during the administration of statewide standardized assessments, and the use of an approved translation dictionary or glossary to facilitate the student’s participation in statewide standardized assessments. Accommodations that negate the validity of statewide standardized assessments are not allowable.

Accommodations shall include:

(a) Flexible Setting. ELLs may be offered the opportunity to be tested in a separate room with the English for Speakers of Other Languages (ESOL) or heritage language teacher serving as test administrator. Parents must be informed of this option for students not of legal age and shall be given the opportunity to select the preferred method of test administration.

(b) Flexible Scheduling. ELLs may take a test session during several brief periods within one (1) school day; however, each test session must be completed within one (1) school day. ELLs may be provided additional time to complete a test session; however, each test session must be completed within one (1) school day.

(c) Assistance in the Heritage Language. ELLs may be provided limited assistance by an ESOL or heritage language teacher using the student’s heritage language for directions, prompts, items, and answer choices. This should not be interpreted as permission to provide oral presentation of prompts, items, and answer choices in English or in the student’s heritage language. Assistance may not be provided for passages in Reading and Writing tests. Assistance in the heritage language shall be limited to the following:

1. The ESOL or heritage language teacher or other trained individual familiar with the student may answer questions about the general test directions in the student’s heritage language. If the test is administered to a group of students, the teacher may answer questions about directions for the benefit of the group. Questions of clarification from individual students must be answered on an individual basis without disturbing other students.

2. The ESOL or heritage language teacher or other trained individual familiar with the student may answer specific questions about a word or phrase in a prompt, item, or answer choice that is confusing the student because of limited English proficiency but is prohibited from giving assistance that will help the student produce, correct, or edit responses. Assistance may not be provided for words or phrases in Reading and Writing passages.

(d) Approved Dictionary and Glossary. ELLs must have access to English-to-heritage language/heritage language-to-English dictionaries or glossaries or both, in print, electronic, or digital format, such as those made available to ELLs in an instructional setting. The dictionary or glossary must provide word-to-word translations only and may not contain definitions or other information. A dictionary or glossary writtten exclusively in the heritage language or in English shall not be provided. If the dictionary, glossary, or website uses the Internet, schools must ensure that students have access only to the dictionary, glossary, or website that meets the same requirements and must not have access to any other sites. Students in Grades K through 2 may be provided with a picture translation dictionary or glossary that meets the requirements of this paragraph.

(3)(a) The accommodations described in subsection (2) of this rule, shall be offered to any student who has been identified as limited English proficient pursuant to Section 1003.56(2)(a), F.S., and is currently receiving services in a program operated in accordance with an approved ELL district plan and any student who has exited from the ESOL program and is in the two-year follow-up period per Rule 6A-6.09031, F.A.C., Post Reclassification of English Language Learners.

(b) The statewide standardized assessments may be administered with any one (1) or a combination of the accommodations authorized herein that are determined to be appropriate for the individual student.

(4) District personnel are required to implement the accommodations in a manner that ensures that the test responses are the independent work of the student. Personnel are prohibited from assisting a student in determining how the student will respond or directing or leading the student to a particular response. In no case shall the accommodations authorized herein be interpreted or construed as an authorization to provide a student with assistance in determining the answer to any test item.

(5) Each school board shall establish procedures whereby training shall be provided to the ESOL or heritage language teacher who is administering any of the statewide standardized assessments. The training shall be designed to train the teacher how to administer the statewide standardized assessments within the limits prescribed in this rule.

(6) ELLs who otherwise are classified as students with disabilities as defined by Section 1003.01(3)(a), F.S., or who have been determined eligible and have a plan developed in accordance with Section 504 of the Rehabilitation Act exceptional education or handicapped students shall be afforded the additional test accommodations specified in Rule 6A-1.0943, F.A.C.

(7) Students who are not currently enrolled in public schools or receiving services through public school programs and require accommodations in order to participate in the statewide standardized assessment program shall have access to accommodations identified in subsection (2) of this rule, if the student was classified as limited English proficient pursuant to section 1003.56(2)(a), F.S., at the time of exit from the public school or public school program.

History

• Rulemaking Authority 1001.02, 1008.22 FS. Law Implemented 1008.22 FS. History–New 10-17-00, Amended 5-5-09, 10-26-15, 5-30-17, 12-22-19, 4-25-23.

Fla. Admin. Code R. 6A-6.0910 School-Age Child Care

History

• Rulemaking Authority 228.0617(10), 229.053(1) FS. Law Implemented 228.061, 228.0617 FS. History–New 10-16-91, Repealed 8-21-18.

Fla. Admin. Code R. 6A-6.0950 Notice Requirements for Opportunity Scholarship Program

The following provisions have been established to administer the requirements of Section 1002.38(3)(a), F.S.

(1) Definitions related to this rule:

(a) School grade: the school grade designated under Section 1008.34, F.S.

(b) Opportunity Scholarship Program eligible school: a public school that meets the criteria in Section 1002.38(2), F.S.

(c) Higher-performing school: a public school that has received a school grade of “C” or higher pursuant to Section 1008.34, F.S.

(2) The Department shall notify the superintendent of the school district of a public school designated as an Opportunity Scholarship Program eligible school in accordance with Section 1002.38, F.S.

(3) The school district shall notify the parent of each student enrolled in or assigned to an Opportunity Scholarship Program eligible school of the opportunity to enroll the student in a higher-performing school in the district and of the opportunity to enroll the student in a higher-performing school that has available space in any other school district in the state. The school district shall notify parents of the opportunity to transfer to a higher performing school no later than fifteen (15) calendar days after the district receives notification by the Department of Opportunity Scholarship Program eligible schools.

(4) The school district shall report to the Department data related to parental notifications, transfer requests, and student placements as specified in Form IEPC OSP-1, OSP Notification Verification Form, June 2012, no later than thirty (30) days after notification of parents as required under subsection (3) of this rule. Form IEPC OSP-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01161) is hereby incorporated by reference and may be obtained from the Department’s website at http://www.floridaschoolchoice.org.

(5) Failure by the district to meet the deadline requirements in subsections (3) and (4) of this rule, will result in a withholding of FEFP funds as follows:

(a) The Department will withhold FEFP funds based on the total FTE of the eligible school from the next available FEFP distribution to the district.

(b) Subsequent distributions of the FEFP will continue to be withheld, until the district has fulfilled the requirements of subsections (3) and (4) of this rule.

History

• Rulemaking Authority 1002.38(4) FS. Law Implemented 1002.38 FS. History–New 6-20-12, Amended 10-30-16.

Fla. Admin. Code R. 6A-6.0951 The Hope Scholarship Program

(1) Eligibility of nonprofit scholarship-funding organizations. A nonprofit scholarship-funding organization (SFO) that is approved pursuant to Section 1002.395, F.S., may provide a scholarship for students subjected to a qualifying incident to attend an eligible private school pursuant to Section 1002.40(4), F.S.

(2) Parent notification requirements.

(a) Pursuant to the requirements of Section 1002.40(4), F.S., a school district must timely notify a parent of the Hope Scholarship program and provide the parent a completed Hope Scholarship Notification Form (Form IEPC-HS1), available on the Department’s website, www.floridaschoolchoice.org. Form IEPC-HS1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17267) is hereby incorporated by reference, effective December 2024.

(b) A school district must include the reported incident type, location and time/date of reported incident on Form IEPC-HS1.

(c) Regardless of whether substantiated or not, the types of incidents that qualify a kindergarten through grade 12 public school student for a Hope Scholarship are aggravated battery, harassment, hazing, bullying, kidnapping, simple battery, robbery, sexual assault, sexual battery, sexual harassment, sexual offenses-other, threat or intimidation and fighting, as defined in Rule 6A-1.0017, F.A.C., School Environmental Safety Incident (SESIR).

(3) Hope Scholarship application procedure. To receive a scholarship to attend a private school under Section 1002.394 or Section 1002.395, F.S., a parent must apply to an eligible and participating SFO according to the SFO’s application procedures. A completed Form IEPC-HS1 may be included with the application and submitted to the SFO to which the application is made.

(4) Public school Hope Scholarship option. Pursuant to Section 1002.40(4), F.S., a student meeting the Hope Scholarship eligibility requirements may choose to attend another public school in the student’s school district or in another school district. Public school options are subject to the receiving school’s capacity.

(5) School District Reporting Requirements. Each school district must report during the survey periods and using the elements set forth in Rule 6A-1.0014, F.A.C., Comprehensive Management Information System, the following information: For each substantiated and unsubstantiated incident listed in Section 1002.40(3), F.S., the number of Hope Scholarship Notification Forms provided to parents.

(6) Nothing in this rule shall limit the Department’s authority to request any other information related to the scholarship program.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.40(5) FS. Law Implemented 1002.395, 1002.40, 1008.385 F.S. History–New 8-21-18, Amended 8-18-20, 11-23-21, 2-21-23, 12-24-24.

Fla. Admin. Code R. 6A-6.0952 Family Empowerment Scholarship Program

(1) Purpose. The Family Empowerment Scholarship (FES) Program is implemented by the Department of Education (Department) in collaboration with eligible nonprofit scholarship-funding organizations (SFOs), as required by Section 1002.394, F.S., in an effective and equitable manner that maintains the integrity of the program, which was established to provide children of families in the state with educational options to achieve success in their education.

(2) Definitions. As used in this rule:

(a) Disability” is defined as stated in Section 1002.394(2)(e), F.S.

(b) “Eligible nonprofit scholarship-funding organization” means an eligible SFO that is approved pursuant to Section 1002.395(2)(f), F.S., may award Family Empowerment Scholarships and establish accounts for eligible students.

(c) “Eligible private school” means an eligible private school that complies with all requirements for private schools participating in state school choice scholarship programs, pursuant to Sections 1002.40 and 1002.421, F.S., and State Board of Education Rule 6A-6.03315, F.A.C.

(d) “Family Empowerment Scholarship for Educational Options” is the scholarship option for eligible students residing in Florida. Pursuant to Section 1002.394(4)(a), F.S., the scholarship funds may be used for a variety of purposes, such as tuition and fees at an eligible private school, certain instructional materials, and fees for assessments.

(e) “Family Empowerment Scholarship for Students with Unique Abilities” is the scholarship option for eligible students with the disabilities described in Section 1002.394(2)(e), F.S., and paragraph (2)(a) and subsection (4) of this rule. The scholarship funds may be used for a variety of purposes, such as certain instructional materials, therapy services, and tuition and fees as described in Section 1002.394(4)(b), F.S.

(f) “Member of the United States Armed Forces” means a member of the Army, Navy, Air Force, Coast Guard, Marine Corps, or Space Force, including a Reservist.

(g) “Return to a public school” or “enrolls in a public school” means the enrollment of an FES student in a public school or public school program. A public school or public school program is one in which students are reported for funding through the Florida Education Finance Program. The following situations are not a return to public school:

1. Admission to a residential hospital for medical reasons;

2. Entry into a Department of Juvenile Justice detention center for a period of no more than twenty-one (21) consecutive days;

3. Entry into a public school for a period of less than thirty (30) days pursuant to placement by or while in the custody of the Department of Children and Families; or

4. Completion of dual enrollment or adult education courses that are not funded through the Florida Education Finance Program.

(3) Family Empowerment Scholarship for Educational Options.

(a) Initial Eligibility. For initial program eligibility under Section 1002.394(3)(a), F.S., the SFO shall identify qualified students by verifying that the student:

1. Is a resident of this state;

2. Is eligible to enroll in kindergarten through grade 12 in a public school in this state. A school district or charter school shall, at the request of a student’s parent or guardian, complete IEPC-SWF, Standard Withdrawal Form for Students Entering K-12 Scholarship Programs, if the student was enrolled in the district or charter school in the prior school year or is enrolled in the current school year. Form IEPC-SWF (http://flrules.org/Gateway/reference.asp?No=Ref-18096) is effective July 2025 and incorporated by reference in this rule. Form IEPC-SWF may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org.

(b) Term of Family Empowerment Scholarship. For a student initially eligible under Section 1002.394(3)(a), F.S., the scholarship remains in effect until one of the following occurs:

1. The SFO determines that the student is not eligible for renewal.

2. The Commissioner of Education suspends or revokes program participation or use of funds.

3. The parent has forfeited participation by failing to comply with the parent and student responsibilities in Section 1002.394(10), F.S.

4. The student enrolls in a public school.

5. The student graduates from high school. The student may continue in the program until he or she receives a GED, standard diploma, or the private school’s equivalent. Certificates of completion or attendance do not constitute graduation from high school for purposes of this paragraph.

6. The student reaches the age of twenty-one (21). The student may complete the school year in which he or she reaches the age of twenty-one (21).

(c) Continued Participation. In order to ensure that funds are reserved for students who intend to continue participation in the FES program, the SFO may require parents of students initially eligible under Section 1002.394(3)(a), F.S., to annually indicate the intent to continue participation in the program; such indication shall not require the parent to re-establish initial eligibility. The SFO shall notify the Department of students continuing in the program by July 1 for the following school year.

(4) Family Empowerment Scholarship for Students with Unique Abilities.

(a) Initial Eligibility. For initial program eligibility under Section 1002.394(3)(b), F.S., the SFO shall identify qualified students by verifying that the student:

1. Is a resident of this state;

2. Is three (3) or four (4) years of age on or before September 1 of the year for which the student applies for program participation, or is eligible to enroll in kindergarten through grade 12 in a public school in this state;

3. Has a disability as defined in subsection (2) of this rule and Section 1002.394(2), F.S.; and

4. Is the subject of an IEP written in accordance with rules of the State Board of Education or with the applicable rules of another state or has received a diagnosis of a disability from a physician or psychologist licensed in this state or a physician licensed in another state or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(b) Term of Specialized Family Empowerment Scholarship for Students with Unique Abilities. For a student initially eligible under Section 1002.394(3)(b), F.S., the scholarship remains in effect until one of the following occurs:

1. The parent does not renew the scholarship.

2. The SFO determines that the student is not eligible for renewal.

3. The Commissioner of Education suspends or revokes program participation or use of funds.

4. The parent has forfeited participation by failing to comply with the parent and student responsibilities in Section 1002.394(10), F.S.

5. The student enrolls in a public school.

6. The student graduates from high school. The student may continue in the program until he or she receives a GED, standard diploma, or the private school’s equivalent. Certificates of completion or attendance do not constitute graduation from high school for purposes of this paragraph.

7. The student reaches the age of twenty-two (22). The student may complete the school year in which he or she reaches the age of twenty-two (22).

(c) Renewal. Parents of scholarship students eligible pursuant to Section 1002.394(3)(b), F.S., must annually renew participation in the program by notifying the SFO. The SFO shall notify the Department of renewal students by July 1 for the following school year.

(5) Scholarship Funding Process.

(a) After determining student eligibility, the SFO shall notify the Department of the parent’s request for a scholarship. In a manner to be specified by the Department, the SFO must:

1. Confirm that the student has met the eligibility criteria and, beginning in the 2025-2026 school year, that the parent has accepted the scholarship;

2. Submit information on each student, which must include the following:

a. Student name, date of birth, social security number, sex, race, grade level, and address including county of residence;

b. For students eligible under Section 1002.394(3)(a), F.S.: percent of federal poverty level of the household income;

c. For students eligible under Section 1002.394(3)(b), F.S.: eligible disability and qualifying documentation type;

d. Date and time the parent submitted a request to the SFO; and

e. Date and time the SFO confirmed eligibility.

(b) The Department shall assign scholarships on a first-come first-served basis, based upon the date and time the scholarship-funding organization confirmed eligibility pursuant to Sections 1002.394(3) and 1002.394(11)(a) and (b), F.S.

1. Scholarship payments will be made to the SFO for renewing students eligible pursuant to Section 1002.394(3)(a), F.S. on or before August 1, November 1, February 1, and April 1 of each year. Scholarship payments will be made to the SFO for new students eligible pursuant to Section 1002.394(3)(a), F.S., on or before September 1, November 1, February 1, and April 1 of each year.

2. Scholarship payments will be made to the SFO for renewing students eligible pursuant to Section 1002.394(3)(b), F.S. on or before August 1, November 1, February 1, and April 1 of each year. Scholarship payments will be made to the SFO for new students eligible pursuant to Section 1002.394(3)(b), F.S., on or before September 1, November 1, February 1, and April 1 of each year.

3. For purposes of statutory deadlines associated with payment dates, the above listed dates shall be considered the official payment dates.

(d) Requests for scholarship funding must be submitted by the SFO to the Department no later than November 1 for the September and November payments and no later than February 1 for the February and April payments.

(6) SFO Requirements. Eligible SFOs shall:

(a) Verify student eligibility for a Family Empowerment Scholarship.

(b) Verify the eligibility of all scholarship expenditures.

1. For students eligible under Section 1002.394(3)(a), F.S., verification must be made of continued enrollment and attendance at an eligible private school prior to payment of tuition and fees to the school.

2. For students eligible under Section 1002.394(3)(b), F.S., verification must be made before the distribution of funds for any expenditures related to instructional materials and curriculum as defined in Section 1002.394(4)(b)1. and 2., F.S. Review and verification of expenditures for other eligible services may be conducted after purchase has been made. SFOs shall process reimbursements, direct payments, and preauthorization requests for eligible program expenditures as soon as practicable but in no case later than sixty (60) days from receipt of the required documentation.

(c) Four (4) times a year, no later than October 30, January 30, April 30, and July 30 of each year, the SFO shall submit, in a manner to be specified by the Department, electronic lists of all scholarship students, providers of services, and participating private schools. The lists shall include the following information:

1. Initial balance in each student’s account as of July 1;

2. Private school expenditure for each student;

3. Expenditures by purpose type as specified in Section 1002.394(4), F.S.; and

4. The balance remaining in each student’s account.

(7) Return of Funds.

(a) SFOs are responsible for the return of all scholarship funds to the Department that were received in error or associated with a scholarship account that has been closed pursuant to Section 1002.394(5)(a)2., F.S. or Section 1002.394(5)(b)3., F.S. or identified as ineligible pursuant to Section 1002.394(8)(b), F.S. If the Department identifies scholarship funds that must be returned if an SFO certifies an overpayment pursuant to Section 1002.394(12)(d), F.S., the Department may adjust a subsequent quarterly payment release accordingly. Otherwise, the Department shall send a letter via both regular and certified mail requesting the return of the funds. The letter shall state the reason the funds are being requested, the student or students involved, instructions on returning the funds, and the procedure to be followed if the SFO believes that return of the funds is being requested in error or wishes to provide additional information related to the requested funds. The Department’s letter may also require the SFO to provide an explanation for how the funds were erroneously obtained.

(b) SFOs shall respond to such letter within thirty (30) days by either returning the funds or detailing in writing why its retention of the funds is proper.

(c) If the Department receives a letter detailing why the funds were properly retained, it shall determine whether the explanation is sufficient and thereafter alert the SFO of any funds still due and a timeframe for the return of those funds.

(d) Failure to return the funds due to the Department shall result in the initiation of noncompliance procedures pursuant to the Commissioner’s authority described in Section 1002.394(8), F.S., and this rule.

(8) Nothing in this rule shall limit the Department’s authority to request any other information related to the scholarship program.

History

• Rulemaking Authority 1001.02, 1002.394(17) FS. Law Implemented 1002.394 FS. History–New 10-27-20, Amended 9-21-21, 8-22-23, 9-24-24, 7-8-25.

Fla. Admin. Code R. 6A-6.0960 Florida Tax Credit Scholarship Program

The Florida Tax Credit Scholarship Program will be implemented as required by Section 1002.395, F.S., to allow nonprofit scholarship-funding organizations to provide scholarships from eligible contributions to qualified students attending eligible private schools or students participating in personalized education programs as defined in Section 1002.01(2), F.S.

(1) Eligibility of nonprofit scholarship-funding organizations.

(a) A nonprofit organization may apply or register to be a scholarship-funding organization by having its principal officer or legal representative submit documentation to the Department of Education as specified in Form IEPC SFO-1, Nonprofit Scholarship-Funding Organization Participation Application for New Scholarship Funding Organization (http://www.flrules.org/Gateway/reference.asp?No=Ref-16948), effective September 2024, Form IEPC SFO-2, Nonprofit Scholarship-Funding Organization Participation Renewal for Scholarship-Funding Organization (http://www.flrules.org/Gateway/reference.asp?No=Ref-16949), effective September 2024, or Form IEPC SFO-3, Nonprofit Scholarship-Funding Organization Participation Application for State Universities and Independent Colleges or Universities (http://www.flrules.org/Gateway/reference.asp?No=Ref-13502), effective September 2021, which are hereby incorporated by reference to become a part of this rule. The Nonprofit Scholarship-Funding Organization Renewal Form must be signed by the owner or operator, submitted annually, and be postmarked no later than September 1 for participation in the following school year. The Nonprofit Scholarship Funding Organization Participation Application for New Scholarship Funding Organizations may be submitted by at any time. Upon receipt by the Department of Education, applications will be evaluated pursuant to Section 1002.395(c), F.S. and requirements in this rule. Forms may be obtained through Florida Department of Education, Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 1044, Tallahassee, Florida 32399 or https://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/sfo/applications.stml.

(b) Each application submitted shall be reviewed by the Department in consultation with the Department of Revenue, and the Chief Financial Officer, to determine compliance with Section 1002.395, F.S., and requirements in this rule.

(c) Within thirty (30) days of each application deadline, the Department shall send to each nonprofit scholarship-funding organization applicant, at the address listed on the Nonprofit Scholarship-Funding Organization Form, a written notice of any deficiencies in the application.

(d) Upon notification by the Department, each nonprofit scholarship-funding organization applicant will have thirty (30) days to correct any deficiencies and resubmit the final application.

(e) Within thirty (30) days of receipt of the finalized application, the Commissioner of Education shall recommend approval or disapproval of the application to the State Board of Education.

1. The State Board of Education shall consider the application and recommendation at the next scheduled meeting.

2. In order to assist the State Board of Education in its decision, a Nonprofit Scholarship-Funding Organization must make a brief presentation to the State Board of Education.

3. If the State Board of Education disapproves an organization’s application, it shall provide the organization with a written explanation of that determination.

4. The action of the State Board of Education is not subject to proceedings under Chapter 120, F.S.

(f) No later than March 15 of each year, the Department shall submit to the Florida Department of Revenue and the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation a list of organizations that it has determined to be eligible to be listed as a nonprofit scholarship-funding organization for participation in the Florida Tax Credit Scholarship Program for the upcoming fiscal year.

(g) A state university; or an independent college which is eligible to participate in the William L. Boyd, IV, Effective Access to Student Education Grant Program, located and chartered in Florida, and is not for profit and accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, is exempt from the initial or renewal application process, but must file a registration notice with the Department of Education in order to be an eligible nonprofit scholarship-funding organization.

(h) If, at any point during the school year, a nonprofit scholarship-funding organization no longer meets the eligibility requirements for nonprofit scholarship-funding organizations, the Commissioner shall:

1. Issue a notice of noncompliance that gives the nonprofit scholarship-funding organization a reasonable time to meet the requirements, or

2. Issue a notice of proposed action to suspend the nonprofit scholarship-funding organization or to remove the nonprofit scholarship-funding organization from the list of eligible nonprofit scholarship-funding organizations where the health, safety, or welfare of students is involved or the nonprofit scholarship-funding organization has failed to meet requirements specified in a notice of noncompliance pursuant to this paragraph.

(i) Nonprofit scholarship-funding organizations suspended or removed pursuant to paragraph (1)(i) of this rule shall have fifteen (15) days from receipt of the notice of proposed action to file with the Department’s agency clerk a request for a proceeding pursuant to Sections 120.569 and 120.57, F.S. All resulting proceedings shall be conducted in accordance with Chapter 120, F.S.

(j) Upon removal of an approved nonprofit scholarship-funding organization, the Department shall notify the Department of Revenue and the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation that the organization is no longer approved to participate in the program.

(2) Nonprofit scholarship-funding organization requirements.

(a) Eligible nonprofit scholarship-funding organizations shall ten (10) times a year, no later than July 10, August 10, September 10, October 10, November 10, January 10, February 10, March 10, April 10 and no later than fifteen (15) days after the last payment date of the school year, submit in a format to be specified by the Department an electronic list of all participating Florida Tax Credit scholarship students. The list shall include the following information:

1. Demographic information for each student, including name, date of birth, social security number, grade level, sex, race, parent’s name, mailing address, email address, telephone number, and student’s household income level;

2. Information on the student’s school of attendance, including tuition, fees, and transportation amounts;

3. The amount and type of each student’s scholarship; and,

4. Year-to-date information on the amount paid for each scholarship student during the school year and the school attended, including the first date of attendance and withdraw date. If a student attended more than one school, the summary shall detail the amount of the scholarship payments that the student generated by each school.

(b) Four (4) times a year, no later than October 30, January 30, April 30, and July 30 of each year, eligible nonprofit scholarship-funding organizations shall submit, in a manner to be specified by the Department, electronic lists of expenditures for all scholarship students, providers of services, and participating private schools. The lists shall include the following information:

1. Initial balance in each student’s account as of July 1;

2. Program award amount for each student;

3. Private school expenditure for each student;

4. Expenditures by purpose type as specified in Section 1002.395(6)(f), F.S.; and,

5. The balance remaining in each student’s account.

(3) Nothing in this rule shall abrogate the Department’s authority to request any other information related to the scholarship program.

(4) Qualified students. Applications for a Florida Tax Credit Scholarship shall be made by parents directly through an eligible nonprofit scholarship-funding organization. The nonprofit scholarship-funding organization shall identify qualified students and award all scholarships consistent with the requirements of Sections 1002.395 and 212.099, F.S. The process used to identify qualified students and award scholarships is subject to the financial and compliance audit required by law.

(5) Private school participation. To participate in the Florida Tax Credit Scholarship Program, a school must meet the definition of an “eligible private school” as defined in Section 1002.395(2)(i), F.S., and:

(a) Annually meet all scholarship compliance requirements for private schools pursuant to Rule 6A-6.03315, F.A.C.; and,

(b) Continue to adhere to all statutory and rule requirements after determined eligible to participate in the program pursuant to Rule 6A-6.03315, F.A.C.

(6) Measurement of student achievement. Private schools participating in the program are responsible for ensuring that all students in grades three through ten who are receiving scholarships are assessed annually and the results reported as required by Section 1002.395(8)(c), F.S. Achievement data for scholarship students shall not be used to rate publicly the performance of private schools that participate in the program.

(a) Pursuant to Section 1002.395(9)(e), F.S., relating to the identification and selection of nationally norm-referenced tests for the measurement of student achievement, participating private schools must annually administer a nationally norm-referenced test that has been approved by the Department and listed on the Department’s website to students receiving Florida Income Tax Credit Scholarships. The list may be accessed at http://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/ftc/annual-assessment-requirement.stml.

(b) The Department of Education may approve the use of a nationally norm-referenced assessment if it meets the following criteria:

1. The assessment has norming studies that show dates of the studies, definition of the populations sampled, the procedure used to draw the samples, sample sizes, participation rates, and any weighting or smoothing procedure used to make the sample data better represent the population. Norming studies must have been conducted within the last ten (10) years, with five (5) years being preferable.

2. The assessment has internal consistency/reliability and must be reported for content sub-domains (e.g., mathematics, reading) at a minimum of 0.80, and that reliability data be reported for each grade level.

3. For any open-ended, constructed-response items, rater agreement information (e.g., exact rater agreement rates, intraclass correlations, or kappa coefficients) is reported.

4. The standard error of measurement and conditional standard error of measurement (at various test score levels) are reported.

5. The test developer includes a clear description of the construct to be measured, the purpose of the test, intended interpretation of the scores/other test results, and intended test-taking population.

6. Documentation includes conceptual, empirical, and theoretical evidence that the test meets its intended purposes and support the intended interpretations of test results for the intended populations.

7. Documentation includes evidence that each test is aligned with rigorous content standards, and serves as an adequate measure of K-12 student achievement in core academic areas.

History

• Rulemaking Authority 1001.02, 1002.395(9)(i), (12)(d), (15)(h)-(i) FS. Law Implemented 1002.395 FS. History–New 2-5-07, Amended 11-26-08, 6-22-10, 10-25-10, 11-4-14, 3-22-17, 8-21-18, 9-21-21, 8-22-23, 9-24-24.

Fla. Admin. Code R. 6A-6.0961 Gardiner Scholarship Program

History

• Rulemaking Authority 1002.385 FS. Law Implemented 1002.385 FS. History–New 11-4-14, Amended 7-26-16, 8-21-18, Repealed pursuant to Section 2, Chapter 2021-27, Laws of Florida, 7-1-22.

Fla. Admin. Code R. 6A-6.0962 New Worlds Scholarship Accounts

(1) Eligibility of nonprofit scholarship-funding organizations. An eligible nonprofit scholarship-funding organization (SFO) that is approved pursuant to Section 1002.395, F.S., may establish New Worlds Scholarship accounts for eligible students.

(2) Nonprofit SFO requirements. Eligible nonprofit SFOs must:

(a) Receive applications and determine eligibility of students in accordance with the requirements of Section 1002.411(2), F.S.;

(b) Verify eligible expenditures before direct purchases or the distribution of funds for any expenditures made pursuant to Section 1002.411(3)(a)2., F.S.

(3) Eligible students. Applications for a New Worlds Scholarship Account shall be made by parents directly through an eligible nonprofit SFO. The nonprofit scholarship-funding organization shall verify the eligibility of students pursuant to the criteria established in Section 1002.411, F.S., and award scholarships consistent with the requirements of Section 1002.411, F.S.

(4) Scholarship payments. The following provisions relate to the distribution of funds from the Department of Education to an eligible nonprofit SFO.

(a) An eligible nonprofit SFO may request a payment from the Department of Education for an eligible student after it has confirmed that the student has met the eligibility criteria in Section 1002.411(2), F.S. The nonprofit SFO must:

1. Confirm the eligibility of each scholarship student and include:

a. Student name, date of birth, English Language Learner status (if known), sex, race, grade level, and address including county of residence; and

b. Date and time the nonprofit SFO confirmed eligibility.

2. Submit a signed invoice requesting payment which must include the amount requested for each individual student as well as the total amount requested.

(b) Eligible nonprofit SFOs must set an annual deadline for scholarship participation.

(c) The Department shall distribute funds on a first-come first-served basis, in the following order of priority for each invoice period:

1. Students confirmed by the SFO as English Language Learners who are enrolled in a program or receiving services that are specifically designed to meet the instructional needs of English Language Learner students.

2. Date and time the SFO confirmed eligibility.

(d) Requests for payments by a nonprofit SFO must be submitted no later than June 30 for the fiscal year in which the student is eligible to receive a scholarship.

(e) The Commissioner may revoke a student’s participation in the program and withhold or request the return of a scholarship payment if it is determined that the parent is in violation of Section 1002.411(3), F.S.

(f) Eligible nonprofit SFOs are responsible for the return of all scholarship funds to the Department that were received in error or associated with a scholarship account that has been closed pursuant to Section 1002.411(7)(g), F.S. Funds returned must include the administrative fee if no reimbursements were made for expenditures that occurred in the fiscal year in which the scholarship was awarded.

(5) Quarterly Reports: Four (4) times a year, no later than October 30, January 30, April 30, and July 30 of each year, an eligible nonprofit SFO organization must submit in a format to be specified by the Department an electronic list of all participating scholarship students and eligible expenditures. The list must include the following information:

(a) Demographic information for each student, including name, date of birth, English Language Learner status, grade level, sex, race, and county of residence;

(b) Program award amount for each student; and

(c) Total year-to-date expenditures for each student by purpose type.

(6) Nothing in this rule shall limit the Department’s authority to request any other information related to the scholarship program.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.395(12)(d), 1002.411(5), 1003.485(7)(d) FS. Law Implemented 1002.411 FS. History–New 8-21-18, Amended 12-24-24.

Fla. Admin. Code R. 6A-6.0963 Facility Requirements in K-12 Private Schools

(1) Purpose. The purpose of this rule is to provide requirements that private schools must use regarding the compliance of K-12 educational institutions with Section 553.865, F.S.

(2) Compliance. Private schools must comply with all applicable requirements of Section 553.865, F.S., pertaining to the use of restrooms and changing facilities by males or females, based on biological sex at birth, including the paragraphs that require the following:

(a) That restrooms are designated for exclusive use by males or females, as defined by Section 553.865(3), F.S., or that there is a unisex restroom.

(b) That changing facilities are designated for exclusive use by males or females, as defined by Section 553.865(3), F.S., or that there is a unisex changing facility.

(c) That the student code of conduct has been updated according to Section 553.865(9)(a), F.S.

(d) That the private school has established disciplinary procedures for employees according to Section 553.865(9)(d), F.S.

(3) Instructional personnel and administrative personnel as described in Section 1012.01(2)-(3), F.S., or the equivalent of such personnel for a private school, who violate any provision of Section 553.865, F.S., commit a violation of the Principles of Professional Conduct for the Education Profession under Rule 6A-10.081, F.A.C.

(4) Format. By April 1, 2024, each private school must submit the Private School Annual Survey documenting compliance with Section 553.865, F.S. The annual survey is required under Section 1002.42, F.S., and is hereby incorporated by reference as Form IEPC-PSAS, effective September 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15889). The annual survey is available at the following link: https://www.fldoe.org/schools/school-choice/private-schools/annual-survey.stml.

History

• Rulemaking Authority 553.865(16), 1000.05(6)(a), 1001.02(1), (2)(n) FS. Law Implemented 553.865, 1000.05(3) FS. History–New 9-26-23.

Fla. Admin. Code R. 6A-6.0970 John M. McKay Scholarship for Students with Disabilities Program

History

• Rulemaking Authority 1002.39(13) FS. Law Implemented 1002.39 FS. History–New 1-18-07, Amended 4-21-09, 11-12-09, 2-28-12, 7-28-15, 8-21-18, Repealed pursuant to Section 3, Chapter 2021-27, Laws of Florida, 7-1-22.

Fla. Admin. Code R. 6A-6.0980 K-8 Virtual School Program

History

• Rulemaking Authority 1002.415(9) FS. Law Implemented 1002.415 FS. History–New 3-1-07, Repealed 1-7-16.

Fla. Admin. Code R. 6A-6.0981 Provider Approval and Renewal for Virtual Instruction Program

(1) Purpose. Section 1002.45, F.S., requires each school district to provide students 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-16848), for becoming an approved provider for the Virtual Instruction Program, will be used for those virtual education providers applying for approved status from the State Board of Education. Form VSP-02 is hereby incorporated by reference and made a part of this rule to become effective August 2024.

(b) Application Form. Form VSP-02R, Virtual Instruction Program Application for Provider Renewal (http://www.flrules.org/Gateway/reference.asp?No=Ref-16849), for renewing an approved provider for the Virtual Instruction Program, will be used for those virtual education providers applying for renewal status from the State Board of Education. Form VSP-02R is hereby incorporated by reference and made a part of this rule to become effective August 2024. Copies of forms VSP-02 and VSP-02R may be obtained by contacting the Office of Independent Education and Parental Choice, 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 https://www.fldoe.org/schools/school-choice/virtual-edu/provider-resources 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)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.

1. Initial Approval. For applicants seeking initial approval, prior successful experience shall be demonstrated as follows: Learning gains shall show the degree of student learning growth occurring from one school year to the next as required by state board rule for purpose of calculating school grades, in accordance with Section 1008.34, F.S. The State Board 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 two (2) school years and, based on the provider’s subsequent experience in offering the courses under this paragraph, the State Board of Education shall determine whether to grant final approval to offer a virtual instruction program under the criteria for successful experience as outlined in this paragraph. Beginning July 1, 2023, conditional approval shall be valid for one (1) school year.

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(7), F.S. Pursuant to Section 1002.45(7), 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) 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: Cognia, Middle States Association of Colleges and Schools Commission on Elementary School and 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 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 the applicant’s online program and courses meet the standards of the National Standards for Quality Online Programs and Courses;

3. 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. (https://www.flrules.org/Gateway/reference.asp?No=Ref-07480) and Rule 6A-1.09412, F.A.C. (https://www.flrules.org/Gateway/reference.asp?No=Ref-07481) are hereby incorporated by reference and made a part of this rule. Copies may be obtained by contacting the Office of Independent Education and Parental Choice, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

4. 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 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 are enrolled for more than fourteen (14) calendar days. 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. “Major racial and ethnic groups” shall include those groups reported for accountability purposes under the Every Student Succeeds Act (ESSA) in any state or, if no such prior reporting is available, shall include, at a minimum: American Indian, Asian, Black/African American, Hispanic, and White.

(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: https://www.fldoe.org/schools/school-choice/virtual-edu/provider-resources/approved-providers/.

(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 thirty (30) 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 State Board 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) Financial Statement. The applicant shall use the Virtual Instruction Financial Statement (Form VSP-FS) as the basis for the required monthly financial statement that must be provided to the contracting school district, pursuant to Section 1002.45(4)(g), F.S. Form VSP-FS is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-14700), effective September 2022, and may be obtained electronically on the Department’s website at https://www.fldoe.org/schools/school-choice/virtual-edu/provider-resources/, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(7) Annual Audit. The applicant shall submit the annual audit report and a written statement from the applicant in response to any deficiencies identified within the report to the State Board of Education and the Auditor General no later than nine (9) months after the end of the preceding fiscal year. Submit annual audit and written statement to the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

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

History

• Rulemaking Authority 1001.02(1), (2)(n), 1002.45(10) 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, 7-28-15, 10-30-16, 8-21-18, 9-21-21, 9-20-22, 8-22-23, 8-27-24.

Fla. Admin. Code R. 6A-6.0982 Florida Approved Online Course Providers

(1) Purpose. Section 1003.499(2), F.S. requires the Commissioner of Education to annually publish online a list of providers approved to offer Florida approved courses.

(2)(a) Application Form. Form VSP-03, Online Course Provider Approval Application (http://www.flrules.org/Gateway/reference.asp?No=Ref-15734), for becoming an approved online course provider, will be used for those online course providers applying for approved status from the Department of Education. Form VSP-03 is hereby incorporated by reference and made a part of this rule to become effective August 2023.

(b) Application Form. Form VSP-04, Application for Currently Approved Online Course Provider (http://www.flrules.org/Gateway/reference.asp?No=Ref-15735), for a currently approved online course provider to add new courses to their approval, will be used for online course providers applying for additional online course approval status from the Department of Education. Form VSP-04 is hereby incorporated by reference and made a part of this rule to become effective August 2023.

(c) Application Form. Form VSP-05, Online Course Provider Renewal Approval Application (http://www.flrules.org/Gateway/reference.asp?No=Ref-15736), for renewing an approved provider, will be used for those online course providers applying for renewal approval status from the Department of Education. Form VSP-05 is hereby incorporated by reference and made a part of this rule to become effective August 2023. Copies of Form VSP-03, VSP-04, and VSP-05 may be obtained by contacting the Office of Independent Education and Parental Choice, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(3) Application. The applications to become an approved online course provider, renewal, or for new course approval will be available at https://fldoe.org/schools/school-choice/virtual-edu/provider-resources/ beginning September 1 of each year for the following school year and must be accessed and submitted electronically. The deadline for filing the applications is September 30.

(a) Pursuant to Section 1003.499(3)(a)5., F.S., the applicant must possess prior, successful experience offering online courses to elementary, middle, or high school students as demonstrated by quantified student learning gains or student growth in each subject area and grade level provided for consideration as an instructional program option. Learning gains data for at least two (2) complete school years from one (1) of the following sources must be submitted for each course submitted for approval in this application:

1. At least two (2) years of cohort data from a state-administered summative assessment, approved to meet federal (e.g., ESSA) accountability requirements, including state-administered End-of-Course (EOC) assessments (Algebra 1, Geometry, Biology 1, U.S. History, and Civics).

For course subjects not addressed by state assessments:

2. At least two (2) years of cohort data from nationally standardized summative achievement tests. At a minimum, Provider must provide data from category 1 or 2 in language arts and mathematics. The following evidence of learning gains must be submitted for all other subject areas and grade levels:

3. At least two (2) years of cohort data from teacher developed End-of-Course assessments or semester examinations;

4. At least two (2) years of cohort data from pre- and post-assessments delivered for a course, which assessment is not covered under another category; or

(b) In accordance with Section 1003.499(3)(a)6., F.S., the applicant ensures instructional and curricular quality through a detailed curriculum and student performance accountability plan that addresses every subject and grade level that the applicant intends to provide. The curriculum plan must include evidence:

1. That the applicant meets the standards of the International Association for K-12 Online Learning (iNACOL);

2. That the applicant’s online program and courses meet the standards of the National Standards for Quality Online Courses;

3. That its courses and services are aligned to the Florida Student Performance Standards adopted in Rule 6A-1.09401, F.A.C., which is incorporated by reference herein, and measure student attainment of those standards. Each course must align to the course descriptions and benchmarks established pursuant to Rule 6A-1.09412, F.A.C., which is incorporated by reference herein, 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., which is incorporated by reference herein. A copy of Rules 6A-1.09401, 6A-1.09412 and 6A-1.09441, F.A.C., may be obtained by contacting the Office of Independent Education and Parental Choice, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

4. That mechanisms are in place to determine and ensure students have satisfied course requirements. Mechanisms should include:

a. The use of formative and interim assessments,

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.

(c) The applicant must disclose on a prominent place on its website the disclosure information required under Section 1003.499(3)(a)7., F.S. Average student-teacher ratios are to be calculated for each course. Teacher load (the total number of students assigned to a teacher) must also be provided. Student completion rate calculations are to include all students who are enrolled in the course for more than fourteen (14) days. 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. “Major racial and ethnic groups” shall include those groups reported for accountability purposes under the Elementary and Secondary Education Act (ESEA) in any state or, if no such prior reporting is available, shall include, at a minimum: American Indian, Asian, Black/African American, Hispanic, and White. If the course has an EOC, the applicant will publish the results on the website. All disclosure of student performance data must comply with Sections 1002.22 and 1002.221, F.S., by avoiding the disclosure of personally identifiable student information. Assessment data for less than ten (10) students must be redacted to prevent disclosure of identifiable student information.

(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 will not be reviewed. Approved online course providers will be posted to the website: http://www.fldoe.org/schools/school-choice/virtual-edu/provider-resources/approved-providers/.

(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 thirty (30) 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 written notice of approval or denial. If any application is denied a second time, the department will provide a final written notice to the applicant 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) Course provider approval will be in effect for three (3) years.

(7) Revocation. The department shall revoke the approval of a course provider who fails to maintain compliance with all the requirements of Section 1003.499(3), F.S., or who fails to implement the course(s) as submitted and approved.

History

• Rulemaking Authority 1003.499, 1008.31 FS. Law Implemented 1003.499, 1008.31 FS. History–New 12-23-14, Amended 7-28-15, 10-30-16, 10-17-17, 8-21-18, 9-21-21, 9-20-22, 8-22-23.

Fla. Admin. Code R. 6A-6.03017 Special Programs for Students Who Are Socially Maladjusted

History

• Rulemaking Authority 229.053(2), 230.23(4)(m), 236.081(1)(c) FS. Law Implemented 228.041(19), (20), 229.565(2)(b), (c), 230.23(4)(m), 236.081(1)(c) FS. History–New 7-1-77, Formerly 6A-6.3017, Repealed 5-24-81.

Fla. Admin. Code R. 6A-6.0529 Dropout Retrieval Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.2316 FS. History–New 10-30-90, Repealed 1-2-95.

Chapter 6A-7 SPECIAL PROGRAMS II

Fla. Admin. Code R. 6A-7.001 Limitations of Rules

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 120.53(1)(a), 240.317, 240.319, 240.325, 240.371 FS. History–New 12-19-74, Transferred to 6A-8.01.

Fla. Admin. Code R. 6A-7.002 Definitions

History

• Rulemaking Authority 1001.02, 1004.65 FS. Law Implemented 1001.02, 1001.03, 1001.64 FS. History–New 12-19-74, Transferred to 6A-8.02.

Fla. Admin. Code R. 6A-7.003 Uniform Policy

History

• Rulemaking Authority 229.053 FS. Law Implemented 240.325 FS. History–New 12-19-74, Transferred to 6A-8.80.

Fla. Admin. Code R. 6A-7.004 Calendar

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 229.053(2)(c), 240.311, 240.325(4) FS. History–New 12-19-74, Transferred to 6A-8.78.

Fla. Admin. Code R. 6A-7.005 Requirements for Participation in Community College Fund

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.349 FS. History–New 12-19-74, Transferred to 6A-8.17.

Fla. Admin. Code R. 6A-7.006 Area Served

History

• Rulemaking Authority 1012.225, 1012.2251 FS. Law Implemented 1012.225 FS. History–New 12-19-74, Transferred to 6A-8.06.

Fla. Admin. Code R. 6A-7.007 Forms to Be Provided

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.319 FS. History–New 12-19-74, Transferred to 6A-14.07.

Fla. Admin. Code R. 6A-7.008 Facsimile Signatures

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 116.34 FS. History–New 12-19-74, Transferred to 6A-14.08.

Fla. Admin. Code R. 6A-7.009 Facsimile Signatures on Personnel Contracts

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 116.34 FS. History–New 12-19-74, Transferred to 6A-8.811.

Fla. Admin. Code R. 6A-7.010 Reproduction and Destruction of Records

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 119.041, 119.05, 119.08, 119.09, 240.325 FS. History–New 12-19-74, Transferred to 6A-14.10.

Fla. Admin. Code R. 6A-7.0100 Merit Award Program for Instructional Personnel and School-Based Administrators

History

• Rulemaking Authority 1012.225, 1012.2251 FS. Law Implemented 1012.225 FS. History–New 11-20-07, Repealed 1-7-16.

Fla. Admin. Code R. 6A-7.016 Critical Teacher Shortages

History

• Rulemaking Authority 229.053(1), 231.53(1), 240.4062(1) FS. Law Implemented 231.62, 231.621, 240.4062, 240.4064 FS. History–New 5-24-84, Formerly 6A-7.16, Transferred to 6A-20.0131.

Fla. Admin. Code R. 6A-7.0161 Teacher Scholarship Loan Program

History

• Rulemaking Authority 229.053(1), 240.4062(1) FS. Law Implemented 240.4062(1) FS. History–New 5-24-84, Formerly 6A-7.161, Transferred to 6A-20.010.

Fla. Admin. Code R. 6A-7.0162 Student Loan Forgiveness Program

History

• Rulemaking Authority 229.053(1), 231.621(5) FS. Law Implemented 231.621 FS. History–New 5-24-84, Formerly 6A-7.162, Transferred to 6A-20.013.

Fla. Admin. Code R. 6A-7.0163 Critical Teacher Shortage Tuition Reimbursement Program

History

• Rulemaking Authority 229.053(1), 240.4062(2) FS. Law Implemented 240.4064 FS. History–New 5-24-84, Formerly 6A-7.163, Transferred to 6A-20.012.

Fla. Admin. Code R. 6A-7.017 Participation in the College-Level Communication and Computation Skills Testing Program as a Requirement for State Student Financial Aid Awards

History

• Rulemaking Authority 229.053(1), 240.404(2), 240.424(1) FS. Law Implemented 229.053(2)(d), 240.404(1)(a)2., (3), 240.409(2)(a), 240.437(2)(f) FS. History–New 4-10-85, Formerly 6A-7.17, Transferred to 6A-20.005.

Fla. Admin. Code R. 6A-7.019 Forms and Instructions

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 231.621(5), 240.401, 240.402(6), 240.403, 240.405, 240.4062(1), 240.4064(2), 240.409(5), 240.413(1), 240.427(1), 240.603, 295.02 FS. Law Implemented 120.53(1)(b), 229.053(1), 231.621, 240.401, 240.402, 240.403, 240.405, 240.4062, 240.4064, 240.409, 240.413, 240.429, 240.603, 295.02 FS. History–New 3-23-83, Amended 5-24-84, Formerly 6A-7.19, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.020 Approved Institutions for General Scholarship Loans for Teachers

History

• Rulemaking Authority 229.053(1), 240.407(2) FS. Law Implemented 240.407 FS. History–New 2-20-64, Amended 12-5-74, Formerly 6A-7.20, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.021 Allocation of General Scholarship Loans for Teachers

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.38, 239.41 FS. History–New 2-20-63, Amended 2-20-64, 4-8-68, 6-9-68, 10-18-71, Formerly 6A-7.21, Repealed 10-20-73.

Fla. Admin. Code R. 6A-7.022 Payment of Grants to Scholarship Loan Holders

History

• Rulemaking Authority 229.053(1), 240.407(2) FS. Law Implemented 239.42 FS. History–New 2-20-64, Amended 4-8-68, 6-9-68, 10-20-73, 12-5-74, Formerly 6A-7.22, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.023 Leave of Absence from College for Scholarship Holders

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.41 FS. History–New 2-20-64, Amended 4-8-68, 10-20-73, 12-5-74, Formerly 6A-7.23, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.024 Discontinuance of Scholarship Loans

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.41, 239.43 FS. History–New 3-26-66, Amended 12-5-74, Formerly 6A-7.24, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.025 Forfeiture of Scholarship Loans

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.41, 239.43 FS. History–New 2-20-64, Amended 4-8-68, 10-20-73, 12-5-74, Formerly 6A-7.25, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.026 Voluntary Relinquishment of Scholarship

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.43 FS. History–New 10-20-73, Amended 12-5-74, Formerly 6A-7.26, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.027 Cancellation of Scholarship Notes

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.44 FS. History–New 4-11-70, Amended 10-20-73, 12-5-74, Formerly 6A-7.27, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.028 Deferment from Teaching of Scholarship Holders

History

• Rulemaking Authority 229.053(1), 240.411 FS. Law Implemented 239.49, 240.411 FS. History–New 2-20-64, Amended 3-26-66, 12-5-74, Formerly 6A-7.28, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.029 State Scholarship Committee

History

• Rulemaking Authority 239.41 FS. Law Implemented 231.41 FS. History–New 3-26-66, Formerly 6A-7.29, Repealed 2-25-70.

Fla. Admin. Code R. 6A-7.0291 Florida Academic Scholars’ Fund

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 240.402(6) FS. Law Implemented 120.53(1)(b), 240.402 FS. History–New 9-23-81, Amended 9-2-82, 3-23-83, Formerly 6A-7.291, Transferred to 6A-20.008.

Fla. Admin. Code R. 6A-7.0292 Seminole and Miccosukee Indian Scholarships

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 240.413(1) FS. Law Implemented 120.53(1)(b), 240.413 FS. History–New 10-15-80, Amended 3-23-83, Formerly 6A-7.292, Transferred to 6A-20.020.

Fla. Admin. Code R. 6A-7.0293 College Career Work Experience Program

History

• Rulemaking Authority 229.053(1), 240.603 FS. Law Implemented 240.60, 240.601, 240.602, 240.603 FS. History–New 9-2-82, Amended 4-5-83, Formerly 6A-7.293, Transferred to 6A-20.016.

Fla. Admin. Code R. 6A-7.030 Approved Institutions for Nursing Scholarships

History

• Rulemaking Authority 229.053(1), 240.411 FS. Law Implemented 239.49, 240.411 FS. History–New 2-20-64, Amended 3-26-66, 12-5-74, Formerly 6A-7.30, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.031 Awarding of Nursing Scholarships

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.64, 230.068(4), 235.014 FS. History–New 9-17-72, Formerly 6A-7.31, Repealed 10-20-73.

Fla. Admin. Code R. 6A-7.032 Responsibilities of Nursing Scholarship Holders

History

• Rulemaking Authority 229.053(1), 240.411 FS. Law Implemented 239.51, 239.52, 240.411 FS. History–New 2-20-64, Amended 3-26-66, 4-8-68, 4-11-70, 10-20-73, 12-5-74, Formerly 6A-7.32, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.0321 Leave of Absence from Nursing Training

History

• Rulemaking Authority 229.053(1), 240.411 FS. Law Implemented 239.51, 239.52, 240.411 FS. History–New 3-26-66, Amended 4-8-68, 10-20-73, 12-5-74, Formerly 6A-7.321, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.033 Responsibilities of Nurse Training Institution

History

• Rulemaking Authority 229.053(1), 240.411 FS. Law Implemented 239.49, 239.50, 239.51 FS. History–New 2-20-64, Amended 10-20-73, 12-5-74, Formerly 6A-7.33, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.0331 Forfeiture of Scholarship Loans

History

• Rulemaking Authority 229.053(1), 240.411 FS. Law Implemented 239.49, 239.50, 239.52 FS. History–New 3-26-66, Amended 4-8-68, 10-20-73, 12-5-74, Formerly 6A-7.331, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.034 Practical Nursing Scholarship Loans

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.49(3) FS. History–New 2-20-64, Formerly 6A-7.34, Repealed 10-20-73.

Fla. Admin. Code R. 6A-7.035 Approved Institutions for Training Grants

History

• Rulemaking Authority 229.053(1), 240.405 FS. Law Implemented 240.405 FS. History–New 2-20-64, Amended 4-8-68, 12-5-74, Formerly 6A-7.35, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.0335 Regional Centers for Implementing Services to Individuals with Autism, Pervasive Developmental Disorders, Autistic-like Disabilities, Dual Sensory Impairments, or Sensory Impairment with Other Disabling Conditions

(1) Eligibility. Individuals of all ages are eligible for regional center services if they have been diagnosed as having autism as defined in Section 393.063(1), F.S., pervasive developmental disorder that is not otherwise specified; autistic-like disability; dual sensory impairment; or sensory impairment with other disabling conditions. The centers shall verify the disabling condition(s) of the individual. Such verification may consist of the most recent information from state and local agencies and individuals, and may include, but not be limited to, medical and psychological records. However, the center shall not defer services to the individual and family while awaiting receipt of such information.

(2) Direct services. The primary focus of the regional centers is to provide individualized, direct assistance to individuals and their families who are eligible under this rule. These services shall include nonresidential assistance; outreach programs to school districts, families, and agencies; dissemination of referral and resource information; and professional training materials and programs.

(3) Regional center plan. Each center shall prepare and submit, for approval by the Department, a project plan for services. The following criteria is required for project approval:

(a) Project description. A description of the project shall include the following components:

1. A staffing plan with, as a minimum, individuals with expertise in autism or autistic-like behaviors and individuals with expertise in sensory impairments:

2. A direct service plan that shall address individual and family assistance in the home, community, and school. A regional center shall not supplant responsibilities of other state and local agencies. Each school district shall be responsible for providing appropriate educational services for clients of a center who are school age;

3. A technical assistance and consultation services plan for providing specific intervention and assistance, utilizing all available community resources, to clients of the regional center, the clients’ family, school districts, and other service agencies and individuals as appropriate;

4. A professional training program plan that includes developing, providing, and evaluating preservice and inservice training in state-of-the-art practices for personnel who work with the populations served by the regional centers and their families; and,

5. A public education plan to increase awareness of the public about autism, autistic-like disabilities of communication and behavior, pervasive developmental disorders, dual sensory impairments, and sensory impairments with other handicapping conditions.

(b) Coordination of services. The regional center plan shall include a description of coordination of services with other regional centers, other state agencies, school districts, private providers, and other entities, as appropriate. The plan shall also include a description of how the center will interface with the medical community to ensure the appropriate use of medical consultation in the provision of services.

(c) Coordination with constituency boards. Each regional center plan shall include a description of its working relationship with and support of the constituency board, as defined in Section 1004.55, F.S. It shall be the responsibility of the center director to communicate regularly with the chair of the constituency board on issues affecting the operation and delivery of services by the center.

(d) Review of plan. Each center director shall submit the regional center plan to the appropriate constituency board for review and comment.

(4) Referral. Referrals are requests for assistance (e.g., training, consultation) for a particular individual. Referrals may be made by any person (e.g., family member, teacher, administrator, any state agency or any other entity) responsible for or involved with the individual. In order for the centers to provide direct assistance, including program planning and direct consultation, the individual or the individual’s family or legal guardian must provide a request or consent for such assistance. A preliminary screening will be conducted to determine eligibility. If the individual referred meets the eligibility criteria, assistance will be provided by the regional center within available resources. If the individual referred does not meet the eligibility criteria, the referred individual will be matched with alternative services. The centers will respond to three (3) basic referrals and requests within available resources:

(a) Crisis. Referrals for immediate assistance for individuals with severe problematic behaviors and potentially dangerous or abusive situations.

(b) Seeking resources and information. Referrals made by families, educators, and staff or providers to state departments and other agencies who are involved in identifying all avenues of support and assistance available to them. This may include specific identified areas of concern that are other than a crisis situation.

(c) Specific requests for training, assistance, or materials. Requests for specific assistance from a family or family member, state agency, school district, or a private provider requesting inservice training for a particular topic area.

(5) Constituency boards. Each regional center shall have a constituency board of no fewer than six (6) members, each of whom is either an individual who has a disability that is described in subsection (1) of this rule as defined in Section 1004.55, F.S., or is a member of a family that includes a person who has such a disability, who are selected by each university president from a list that has been developed by the Autism Society of Florida and other relevant constituency groups that represent persons who have sensory impairments as described in subsection (1) of this rule, as defined in Section 1044.55, F.S. This board shall meet quarterly with the center staff to provide advice on policies, priorities, and activities. Each board shall elect a chairperson and secretary. It shall be the responsibility of the chairperson to communicate regularly with the regional center director on pertinent issues affecting the operation and delivery of services by the center. Each board member shall be appointed for a three (3) year term, with two (2) members being appointed each year. The initial term rotation will be determined by lot, with one-third of the members serving for one (1) year, one-third of the members serving for two (2) years, and one-third of the members serving for three (3) years. A board member may serve for only two (2) consecutive full terms, but shall continue to serve until his/her successor is named. Whenever possible, the appointment of a new member shall be from the same constituency group as the member retiring from the board. The procedure for appointing an individual to fill an unexpired term is the same as that used to make regular appointments. Members of the constituency boards shall serve without compensation, but are entitled to receive reimbursement for per diem and travel expenses as provided in Section 112.061, F.S. Payment may be authorized for pre-approved expenses such as mailing, telephone, or photocopying. Chairs of the constituency boards shall meet twice a year to coordinate board activities. One of these meetings shall be with regional center staff to plan the annual conference and the other meeting shall be at the conference. Each constituency board, after review and comment from regional center staff, shall submit by September 1 to the respective university president and the Department an annual report that evaluates the activities and accomplishments of its center during the preceding year.

(6) Annual conference. To promote statewide planning and coordination, an annual conference shall be held for staff from each regional center and representatives from each center’s constituency board. This conference shall include networking opportunities, cross-training, and feedback among staff and constituency board representatives. The conference shall be open to the public.

(7) Census. Each regional center will be responsible for gathering information for the statewide census of individuals who are eligible for services of these centers. Census information will include: county, date of birth, sex, disabling conditions which make the individual eligible for center services, and other information determined by the centers as necessary to maintain an accurate census.

(8) Reporting. Each regional center, after review and comment by the appropriate constituency board, shall submit to the Department by September 1 an annual report which shall include the following:

(a) The number of individuals served, the type of disability served, and the type and extent of services offered to the individuals;

(b) The type of training offered to regional center staff, constituency board members, and individuals and the total number by category of individuals trained.

(9) Budget. Each regional center staff shall submit to its university and the Department an annual budget which has been reviewed by its constituency board. The budget shall reflect the service component of the centers. Line items for travel shall represent necessary travel to provide or coordinate services and training. Equipment and research budget items shall be limited to those amounts necessary to support the service component of the center.

History

• Rulemaking Authority 1004.55 FS. Law Implemented 1004.55 FS. History–New 10-18-94, Amended 4-30-18.

Fla. Admin. Code R. 6A-7.036 Awarding of Grants to Teachers for Special Training in Exceptional Child Education

History

• Rulemaking Authority 229.053(1), 240.405 FS. Law Implemented 240.405 FS. History–New 2-20-64, Amended 4-8-68, 10-20-73, 12-5-74, Formerly 6A-7.36, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.037 Payment of Grants to Recipients

History

• Rulemaking Authority 229.053(1), 240.405 FS. Law Implemented 240.405 FS. History–New 2-20-64, Amended 12-5-74, Formerly 6A-7.37, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.038 Florida Exceptional Child Education Summer Fellowship Grants

History

• Rulemaking Authority 229.053(1), (2)(h) FS. Law Implemented 229.053(2)(h) FS. History–New 8-9-68, Amended 4-11-69, 10-20-73, 12-5-74, Formerly 6A-7.38, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.039 Scholarship Loans for the Preparation of Exceptional Child Teachers

History

• Rulemaking Authority 229.053(1), 240.405 FS. Law Implemented 240.405 FS. History–New 8-9-68, Amended 4-11-70, 10-18-71, 10-20-73, 12-5-74, Formerly 6A-7.39, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.0391 Florida Student Loans

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.67 FS. History–New 4-11-70, Amended 2-20-71, 10-18-71, 10-20-73, 11-17-73, 12-5-74, 10-7-75, Formerly 6A-7.391, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.0392 Florida Regents Scholarships

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.451 FS. History–New 4-11-70, Amended 10-20-73, 12-5-74, 10-7-75, Formerly 6A-7.392, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.0393 Florida Student Assistance Grants

History

• Rulemaking Authority 229.053(1), 240.409(1), 240.424(3) FS. Law Implemented 240.404(1)(a)1., 240.409(2)(a), 240.437(2)(c) FS., Chapter 85-119, Specific Appropriation 368, Laws of Florida. History–New 8-19-72, Amended 10-20-73, 11-17-73, 12-5-74, 10-7-75, 8-2-79, 8-25-82, 11-5-85, Formerly 6A-7.393, Transferred to 6A-20.009.

Fla. Admin. Code R. 6A-7.0394 Florida Insured Student Loan

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.715, 239.75 FS., Title IV, Part B of P.L. 94-482. History–New 9-17-72, Amended 11-18-72, 10-20-73, 8-22-74, 12-5-74, 10-7-75, 3-7-77, Formerly 6A-7.394, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.0395 Collection and Settlement of Delinquent Loan Accounts

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.80 FS. History–New 10-7-75, Amended 12-9-75, Formerly 6A-7.395, Transferred to 6A-20.024.

Fla. Admin. Code R. 6A-7.0396 Interim Short-term Loan Program

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.67(8) FS. History–New 10-7-75, Amended 12-9-75, Formerly 6A-7.396, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.0397 Florida Tuition Vouchers

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 240.401(1) FS. Law Implemented 20.05(1)(b), 120.53(1)(b), 229.053(1), 240.401 FS. History–New 9-27-79, Amended 3-23-83, Formerly 6A-7.397, Transferred to 6A-20.007.

Fla. Admin. Code R. 6A-7.0399 College Level Examination Fee Waiver Program

History

• Rulemaking Authority 120.53(1)(b), 229.053(1) FS. Law Implemented 120.53(1)(b), 229.053(2)(c) FS., Item 294B, Section 1, Chapter 79-212, Laws of Florida. History–New 5-8-80, Formerly 6A-7.399, Repealed 10-18-94.

Fla. Admin. Code R. 6A-7.040 Purposes of School Food Service Rules

History

• Rulemaking Authority 228.195(2), 229.053(1) FS. Law Implemented 228.195, 229.053(2)(i), (n) FS. History–New 4-19-73, Repromulgated 12-5-74, Formerly 6A-7.40, Amended 5-3-88, Transferred to 5P-1.001.

Fla. Admin. Code R. 6A-7.041 Objectives of the School Food Service Program

Cf. 7 CFR Parts 210 and 220.

History

• Rulemaking Authority 228.195(2), 229.053(1) FS. Law Implemented 228.195 FS. History–New 3-22-66, Amended 4-11-70, 4-19-73, Repromulgated 12-5-74, Amended 6-28-83, Formerly 6A-7.41, Transferred to 5P-1.002

Fla. Admin. Code R. 6A-7.0411 Responsibilities for the School Food Service Program

Cf. National School Lunch Act as amended (42 USC) Sections 4 and 11, and Child Nutrition Act of 1966 as amended (42 USC) Sections 4 and 5, 7 CFR, Part 210, Section 210.6, CFR 210, Appendix B, CFR Parts 215, 220, 225, 226, 227, 235, 240, 245, 250 and 252.

History

• Rulemaking Authority 1006.06(2) FS. Law Implemented 1006.06, 1006.0605, 1006.0606 FS. History–New 3-26-66, Amended 4-17-72, 4-19-73, 10-20-73, 6-17-74, Repromulgated 12-5-74, Amended 5-4-76, 10-18-77, 12-11-79, 1-7-81, 7-28-81, 9-23-81, 6-28-83, 10-15-84, 7-10-85, Formerly 6A-7.42, Amended 5-3-88, 5-16-90, 6-30-92, Formerly 6A-7.042, Amended 10-11-99, 1-25-00, Formerly 6A-7.042, Transferred to 5P-1.003.

Fla. Admin. Code R. 6A-7.0421 Family Size and Income Level

History

• Rulemaking Authority 1006.06(2) FS. Law Implemented 1001.42(16), 1006.06 FS. History–New 9-5-77, Amended 9-6-78, 10-17-78, 10-23-79, 1-7-81, 8-12-81, 4-27-82, 6-28-83, Formerly 6A-7.421, Transferred to 5P-1.004.

Fla. Admin. Code R. 6A-7.0422 Procedures for Food Service Companies to Qualify as Child Care Food Service Providers

Cf. 7 CFR Part 226, Sections 226.6, 226.20 and 226.21.

History

• Rulemaking Authority 228.195(2), 229.053(1) FS. Law Implemented 228.195 FS. History–New 5-3-88, Repealed 7-21-08.

Fla. Admin. Code R. 6A-7.0424 Child Care Food Program Day Care Home Sponsoring Organizations

Cf. 7 CFR Part 226, Sections 12, 16, 18.

History

• Rulemaking Authority 228.195(2), 229.053(1) FS. Law Implemented 228.195 FS. History–New 10-17-89, Repealed 7-21-08.

Fla. Admin. Code R. 6A-7.043 District Responsibilities for School Food Service Program

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.23(17) FS. History–New 4-11-70, Amended 9-17-71, Formerly 6A-7.43, Repealed 6A-7.43.

Fla. Admin. Code R. 6A-7.044 Local School Responsibilities for School Food Service Program

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.03(5) FS. History–New 3-26-66, Formerly 6A-7.44, Repealed 4-19-73.

Fla. Admin. Code R. 6A-7.045 Supervision and Administration

History

• Rulemaking Authority 1006.06(2) FS. Law Implemented 1006.06, 1006.0605, 1006.0606 FS. History–New 3-26-66, Amended 4-11-70, 4-19-73, Repromulgated 12-5-74, Amended 7-28-81, 6-28-83, Formerly 6A-7.45, Transferred to 5P-1.005.

Fla. Admin. Code R. 6A-7.046 Qualifications of School Food Service Personnel

History

• Rulemaking Authority 228.195(2), 229.053(1) FS. Law Implemented 228.195 FS. History–New 4-11-70, Amended 4-19-73, 12-5-74, Formerly 6A-7.46, Repealed 7-28-81.

Fla. Admin. Code R. 6A-7.047 Facilities for School Lunch Programs

History

• Rulemaking Authority 229.051(2) FS. Law Implemented 230.23(17) FS. History–New 3-26-66, Formerly 6A-7.47, Repealed 4-11-70.

Fla. Admin. Code R. 6A-7.048 Special Requirements for Receiving Federal or State School Food Service Subsidies

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.071 FS. History–New 4-11-70, Formerly 6A-7.48, Repealed 4-19-73.

Fla. Admin. Code R. 6A-7.0481 Area School Food Service Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 230.23(4)(k) FS. History–New 4-11-70, Formerly 6A-7.481, Repealed 4-19-70.

Fla. Admin. Code R. 6A-7.049 Formula for Distribution of State and Federal School Food Service Subsidies

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.053 FS. History–New 4-11-70, Formerly 6A-7.49, Repealed 4-19-73.

Fla. Admin. Code R. 6A-7.055 General Qualifications for All Supervisors of Instruction

History

• Rulemaking Authority 236.02(4) FS. Law Implemented 230.23(5), 236.02(4), 236.04(8) FS. History–New 4-1-70, Amended 7-19-72, Formerly 6A-7.55, Repealed 2-18-74.

Fla. Admin. Code R. 6A-7.056 Qualifications for Supervisors of Special Areas

History

• Rulemaking Authority 236.02(4) FS. Law Implemented 236.02(4) FS. History–New 4-11-70, Amended 7-19-72, Formerly 6A-7.56, Repealed 2-18-74.

Fla. Admin. Code R. 6A-7.057 Duties of Supervisors Employed on Supervisory Units

History

• Rulemaking Authority 236.02(4) FS. Law Implemented 236.02(4) FS. History–New 4-11-70, Formerly 6A-7.57, Repealed 2-18-74.

Fla. Admin. Code R. 6A-7.058 Procedure for Employment of Supervisors on Supervisory Units

History

• Rulemaking Authority 236.02(4) FS. Law Implemented 236.02(4) FS. History–New 4-11-70, Formerly 6A-7.58, Repealed 2-18-74.

Fla. Admin. Code R. 6A-7.059 Dismissal of Persons in Supervisory Positions

History

• Rulemaking Authority 236.02(4) FS. Law Implemented 230.23(5)(h) FS. History–New 4-11-70, Formerly 6A-7.59, Repealed 2-18-74.

Fla. Admin. Code R. 6A-7.060 Application for Supervisory Units under Minimum Foundation Program

History

• Rulemaking Authority 236.02(4) FS. Law Implemented 236.02(4), 236.04(8) FS. History–New 7-19-72, Formerly 6A-7.60, Repealed 2-18-74.

Fla. Admin. Code R. 6A-7.061 Plans for Use of Supervisory Units

History

• Rulemaking Authority 236.02(4) FS. Law Implemented 236.02(4) FS. History–New 4-19-72, Formerly 6A-7.61, Repealed 2-18-74.

Fla. Admin. Code R. 6A-7.062 Salaries of Supervisors

History

• Rulemaking Authority 236.02(4) FS. Law Implemented 236.02(4) FS. History–New 3-26-66, Formerly 6A-7.62, Repealed 12-18-72.

Fla. Admin. Code R. 6A-7.063 Travel Expenses for Supervisors

History

• Rulemaking Authority 236.02(4) FS. Law Implemented 236.02(4) FS. History–New 4-11-70, Formerly 6A-7.63, Repealed 2-18-74.

Fla. Admin. Code R. 6A-7.070 Textbook Allocation

History

• Rulemaking Authority 229.053 FS. Law Implemented 236.122 FS. History–New 4-8-68, Amended 10-18-71, 2-18-74, Formerly 6A-7.70, Repealed 10-31-74.

Fla. Admin. Code R. 6A-7.0701 District Instructional Materials Plan

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 233.37 FS. History–New 10-1-85, Formerly 6A-7.701, Repealed 5-3-88.

Fla. Admin. Code R. 6A-7.0702 Instructional Materials Survey

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 233.34 FS. History–New 10-1-85, Formerly 6A-7.702, Repealed 5-3-88.

Fla. Admin. Code R. 6A-7.071 Substitute Editions of Textbooks

History

• Rulemaking Authority 229.052 FS. Law Implemented 233.16 FS. History–New 4-11-70, Formerly 6A-7.71, Repealed 10-31-74.

Fla. Admin. Code R. 6A-7.0710 Instructional Materials Evaluation Procedures

(1) Publishers and manufacturers of instructional materials may submit sealed bids or proposals for the adoption of instructional materials by the Department of Education in response to the advertisement required by Section 1006.33(1), F.S. The Policies and Procedures Specifications for the Florida Instructional Materials Adoption (http://www.flrules.org/Gateway/reference.asp?No=Ref-18450) is hereby incorporated by reference (effective September 2025) and will be available on the Florida Department of Education’s Office of Instructional Materials website at http://www.fldoe.org/academics/standards/instructional-materials.

(2) The following forms shall be submitted by instructional materials publishers or manufacturers when proposing instructional materials for adoption and are hereby incorporated by reference in this rule. These forms may be found on the Florida Instructional Materials Adoption Portal at https://www.flimadoption.org or by contacting the Department of Education, 325 West Gaines Street, Room 424, Tallahassee, Florida 32399.

(a) Form IM1, Manage Bids (http://www.flrules.org/Gateway/reference.asp?No=Ref-06873) (Effective June 2016);

(b) Form IM2, Bid Deposit (http://www.flrules.org/Gateway/reference.asp?No=Ref-06874) (Effective June 2016);

(c) Form IM3, Bid Signature Sheet (http://www.flrules.org/Gateway/reference.asp?No=Ref-06875) (Effective June 2016);

(d) Form IM4, Bid Details (http://www.flrules.org/Gateway/reference.asp?No=Ref-06873) (Effective June 2016);

(e) Form IM5a, Publisher Registration (http://www.flrules.org/Gateway/reference.asp?No=Ref-06873) (Effective June 2016);

(f) Form IM5b, Publisher Sales/Other Representatives (http://www.flrules.org/Gateway/reference.asp?No=Ref-06873) (Effective June 2016);

(g) Form IM6, Publisher Acknowledgement Form (http://www.flrules.org/Gateway/reference.asp?No=Ref-06876) (Effective June 2016);

(h) Form IM7, Standards Alignment Form (http://www.flrules.org/Gateway/reference.asp?No=Ref-10031) (Effective November 2018);

(i) Form IM8, Publisher Questionnaire (http://www.flrules.org/Gateway/reference.asp?No=Ref-12108) (Effective August 2020);

(j) Form IM9, Warranty Form M (http://www.flrules.org/Gateway/reference.asp?No=Ref-06879) (Effective June 2016);

(k) Form IM12, UDL Questionnaire (http://www.flrules.org/Gateway/reference.asp?No=Ref-06880) (Effective June 2016);

(l) Form IM13, Assessment Fees (http://www.flrules.org/Gateway/reference.asp?No=Ref-06881) (Effective June 2016);

(m) Form IM14, Standards Alignment Assurance (http://www.flrules.org/Gateway/reference.asp?No=Ref-06882) (Effective June 2016).

(n) Form IM18, No Common Core and Common Core Standards Assurance (http://www.flrules.org/Gateway/reference.asp?No=Ref-11182) (Effective October 2019).

(o) Form IM19, Principles of Individual Freedom Assurance for Publishers (http://www.flrules.org/Gateway/reference.asp?No=Ref-14917) (Effective November 2022).

(3) Instructional materials submitted by publishers or manufacturers for adoption will be evaluated as follows:

(a) The student and teacher editions of the major tool of instruction, along with any ancillary materials deemed appropriate by the Department, will be evaluated for alignment to the applicable state standards, course descriptions, and other requirements outlined in the specifications. The Department will develop rubrics for each adoption based on alignment to appropriate course descriptions, state standards, and specifications.

(b) Electronic samples of the student and teacher editions, along with any ancillary materials deemed appropriate for sampling by the Department, will be evaluated. The electronic samples must be in final form and must be made available for review on a website or server developed, hosted, or contracted by the publisher or manufacturer by the date established by the Department. Hardcopy samples will not be accepted for evaluation.

(c) Publishers may provide a virtual presentation to the state instructional materials reviewers on the merits of the materials submitted for adoption. Publishers who choose to provide a virtual presentation must prerecord the presentation for reviewers to access during the evaluation process and must limit the presentation to no more than fifteen (15) minutes in length. Publishers who choose to provide a virtual presentation must make the presentation available for review on a website developed, hosted, or contracted by the publisher or manufacturer by the date established by the Department.

(d) State and district instructional materials reviewers will evaluate materials utilizing the Department’s instructional materials database and online evaluation system accessible through the main instructional materials website http://www.fldoe.org/academics/standards/instructional-materials. The Instructional Materials Reviewer Portal (http://www.flrules.org/Gateway/reference.asp?No=Ref-06883) is hereby incorporated by reference and effective June 2016. The state instructional materials reviewers shall be state or national experts in the academic content area being reviewed for adoption. Prior to beginning the review process, state instructional materials reviewers shall complete a training provided by the Department of Education on how materials will be evaluated for alignment to state academic standards, applicable Florida Statutes and applicable State Board of Education rules. The state instructional materials reviewers will hold one or more of the following credentials:

1. A baccalaureate degree or higher in the field or a related field,

2. Certification in the field or a related field,

3. Substantial experience in the field, or

4. Recognition as an expert in the field. Such recognition may include, but is not limited to, awards received or publications related to the academic content area.

(e) If the state instructional materials reviewer is a Florida teacher and has a student growth model score as outlined in Section 1012.34(7)(a), F.S., that contains data from the most recent school year, then the classification of the score must be effective or highly effective as outlined in subsection 6A-5.0411(5), F.A.C.

(f) State instructional materials reviewers must complete Form IM15, Affidavit of State Instructional Materials Reviewers (Reviewer) (http://www.flrules.org/Gateway/reference.asp?No=Ref-06884) which is available on the instructional materials website http://www.fldoe.org/academics/standards/instructional-materials and is hereby incorporated by reference (effective June 2016). The original must be filed with the department before the reviewer completes the reviewer training and is assigned materials to review.

(g) Form IM20, Principles of Individual Freedom Assurance for Instructional Materials Reviewers (http://www.flrules.org/Gateway/reference.asp?No=Ref-14918) (Effective November 2022).

(h) The approved adopted list and the associated reviewer ratings from the standards alignment portion of the state reviewer rubric will be published on the instructional materials website http://www.fldoe.org/academics/standards/instructional-materials.

(4) Technology Specification Guidelines (http://www.flrules.org/Gateway/reference.asp?No=Ref-06885) will be available to publishers and manufacturers on the instructional materials website http://www.fldoe.org/academics/standards/instructional-materials and are hereby incorporated by reference (Effective June 2016).

(5) Publishers may request permission to substitute editions of adopted materials.

(a) A publisher requesting a substitution of materials must make the request in writing by completing Form IM17, Substitution Policies and Procedures, (http://www.flrules.org/Gateway/reference.asp?No=Ref-18449) which is available by request to IMStaff@fldoe.org and is hereby incorporated by reference (effective September 2025).

(b) Substitution of instructional materials submitted by publishers or manufacturers on a completed Form IM17, entitled Substitution Policies and Procedures, will be evaluated for approval based upon the following criteria:

1. The instructional materials are currently approved for adoption,

2. More than six (6) months have elapsed since execution of the contract with the Department of Education,

3. The materials must be revised editions that correct or update content,

4. The revised edition can be used satisfactorily with the currently adopted edition simultaneously in the same classroom,

5. The materials are identical, equal or superior to the specifications of the currently adopted edition, and

6. The materials are available at no increase in price.

History

• Rulemaking Authority 1001.02(1), 1006.34(1) FS. Law Implemented 1006.29, 1006.30, 1006.31, 1006.32, 1006.33, 1006.34, 1006.36, 1006.38 FS. History–New 12-29-11, Amended 6-23-16, 11-28-18, 10-24-19, 8-18-20, 11-22-22, 8-27-24, 9-23-25.

Fla. Admin. Code R. 6A-7.0711 Substitute Editions of Instructional Materials

History

• Rulemaking Authority 229.053(1), 233.16(3) FS. Law Implemented 233.25(3), (6), (8), (9) FS. History–New 10-30-78, Formerly 6A-7.711, Amended 7-29-92, Repealed 12-20-11.

Fla. Admin. Code R. 6A-7.0712 Local Instructional Improvement Systems

History

• Rulemaking Authority 1006.281 FS. Law Implemented 1006.281 FS. History–New 12-22-11, Repealed 1-7-16.

Fla. Admin. Code R. 6A-7.0713 Elementary School Website Listing of Library Materials and Reading Lists

(1) Purpose. The purpose of this rule is to provide school districts with the requirements for the format districts must use on elementary school websites in order to post, and permit searches of, materials maintained in elementary school library media centers and materials found on a required school or a grade-level reading list in an elementary school.

(2) Definitions. In this rule, the following definitions apply:

(a) “Elementary school” means a district-run public school that includes one or more grade levels from prekindergarten through grade five or a district-run school that includes any elementary school grade level;

(b) “Elementary school grade level” means kindergarten through grade five;

(c) “Library media center” means any collection of books, ebooks, periodicals, and videos maintained and accessible on the site of an elementary school including classrooms;

(d) “School or grade-level reading list” means a list of required reading material for a student in an elementary school, or required at one or more elementary school grade levels; and

(e) “School District” means the Florida Virtual School under Section 1002.37, F.S. the Florida School for the Deaf and the Blind under Section 1002.36, Developmental research (laboratory) schools under Section 1002.32, F.S. and districts set forth in Article IX, Section 4, of the Florida Constitution.

(3) Format. The format that must be used by school districts for materials maintained in an elementary school library media center which can be checked-out or used by a student in any elementary school grade level must:

(a) Identify the type of material maintained in the library media center by category, such as books, ebooks, periodicals and videos; and

(b) List, at a minimum, the following information;

1. The title and author for books and ebooks;

2. The name or title for periodicals and videos; and

3. The title for any other material maintained in the media center.

(c) Books and ebooks must be searchable by, at a minimum, author and title. All other materials must be searchable by, at a minimum, title.

(4) Reading Lists. A school or grade level reading list must meet the same requirements set forth in subsection (3) of this rule.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1006.28(2)(d)3. FS. Law Implemented 1006.28(2) FS. History–New 11-22-22.

Fla. Admin. Code R. 6A-7.0714 Library and Instructional Materials Objection Report and Specific Material Objection Template

(1) Purpose. The purpose of this rule is to provide school districts reporting instructions for materials that were subject to an objection by a parent or resident of a school district so that the Department of Education can publish an annual objection report, identifying materials removed or discontinued as a result of an objection, and to include the Specific Material Objection Template.

(2) Definitions. In this rule, the following definitions apply:

(a) “Instructional materials” means the definition of instructional materials set forth in Section 1006.29(2), F.S.

(b) “Objection” means those objections to materials submitted by a parent or resident of the school district and resolved under a school district’s policy adopted to implement Section 1006.28(2)(a)2., F.S.

(3) Specific Material Objection Template.

(a) School districts must use the template incorporated in this rule for objections to the school board for the following types of materials:

1. Materials used in a classroom in the district. This does not include instructional materials as defined in Section 1006.29(2), F.S., except as noted in subparagraph (3)(a)4. of this rule;

2. Materials made available to students in a school or classroom library;

3. Materials included on a school or classroom reading list; and

4. If applicable, instructional materials adopted and made available to students without the opportunity for public notice, review and hearing procedures by districts that implement their own instructional materials program under Section 1006.283, F.S.

(b) In order to assist a parent or resident of the county with the submission of an objection, Part I of the template must be modified by school districts with information and directions based upon policies adopted by the school board to handle objections, as required by Section 1006.28(2)(a)2., F.S. The information must:

1. Be easily understandable.

2. Include information about, and directions for, the district’s process for submission, review and disposition of an objection. This information must include any resolution procedures required before consideration by the school board, such as school-level review requirements.

3. Include district contact and submittal information for objections.

(c) The text of Part II of the template must not be modified by school districts, except as follows:

1. Districts must insert a Weblink to their processes and forms to object to instructional materials as shown on the template under Part II, Introduction, item 1.; and

2. Districts that do not implement their own instructional materials program under Section 1006.283, F.S., must remove item 4. from Part II, Introduction, as shown on the template.

(d) Districts may modify the appearance of the template by placing it on their letterhead, changing the title or making other changes to the appearance of the template to assist in the ease of use. The text of the template may not be modified except as noted in this rule and in the incorporated template.

(e) The template entitled Specific Material Objection Template, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16950), effective September 2024, is incorporated in this rule and can be found at https://www.fldoe.org/academics/standards/instructional-materials/.

(4) School District Objection Reporting. School Districts must report objections using the form entitled Library and Instructional Materials Objection Report, Form No. IM-D, http://www.flrules.org/Gateway/reference.asp?No=Ref-16014 (effective November 2023). The form is incorporated by reference in this rule and may be obtained at https://www.fldoe.org/academics/standards/instructional-materials/.

(a) The form must be submitted electronically to https://districts.flimadoption.org.

(b) The form is due annually by June 30.

(5) School districts must annually report the following information on the incorporated form:

(a) Whether materials were subject to an objection submitted to the school district between July 1 and June 30.

(b) The type of material subject to an objection based upon two categories: instructional materials and all other materials.

(c) The title, author and, where applicable, the ISBN of the material.

(d) The grade level(s), and course name and number, as set forth in the Course Code Directory incorporated in Rule 6A-1.09441, F.A.C., where use or access to the material was objected to, where applicable.

(e) The basis for the objection based on the following reasons:

1. Pornographic;

2. Prohibited under Section 847.012, F.S.;

3. Depicts or describes sexual conduct as defined in Section 847.001(19), F.S., unless such material is used in a health education course for instruction required by Sections 1003.46, 1003.42(2)(o)1.g., or 1003.42(2)(o)3., F.S.

4. Not suited to student needs and ability to comprehend the material;

5. Inappropriate for grade level and age group;

6. Fails to meet criteria of Section 1006.31(2), F.S., including a description of the criteria that forms the basis for the objection; or

7. Other, including a description of the criteria that forms the basis for the objection.

(f) School district action on an objection. A school district’s action on the objection must be reported using the following description of school district decision on the objection:

1. The material was removed, discontinued or access limited. Include grade level and course name and number, or other area where material was removed, discontinued or access limited, if applicable;

2. The material was not removed, discontinued or access limited; or

3. Pending, where the objection is not resolved by June 30. Any pending objection must be reported the following year when the objection is resolved by a school district.

(g) The rationale for removing, discontinuing, or limiting access to the material or not taking any of these actions.

(6) Posting List of Removed or Discontinued Materials. Annually, by August 30, the Department will compile a list of materials removed or discontinued and publish the list at https://www.fldoe.org/academics/standards/instructional-materials/.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1006.28 FS. Law Implemented 1006.28(2)(e) FS. History‒New 6-27-23, Amended 11-21-23, 9-24-24.

Fla. Admin. Code R. 6A-7.0715 Certifications and Plans for Instructional Materials and Library Media

(1) Purpose. The purpose of this rule is to set forth the certifications and plans that must be filed by school district superintendents with the Florida Department of Education relating to instructional and library materials.

(2) Definitions. In this rule, the following definitions apply:

(a) “Core courses” means core-curricula courses as defined in Section 1003.01(14), F.S., and any course covering a subject area for which instructional materials have been adopted by the Department;

(b) “Department” means the Department of Education;

(c) “Instructional materials” means the definition set forth in Section 1006.29(2), F.S.;

(d) “Librarians” means school district employees who meet the definition set forth in Section 1012.01(2)(c), F.S.;

(e) “Library Media Center” means any collection of books, ebooks, periodicals, and videos maintained and accessible to students on the site of a school, including classrooms;

(f) “Media specialist” means school district employee who meets the definition set forth in Section 1012.01(2)(c), F.S.;

(g) “State academic standards” means the standards set forth in Section 1003.41, F.S., and Rule 6A-1.09401, F.A.C.;

(h) “Superintendent” means the president of the Florida Virtual School under Section 1002.37, F.S., the president of the Florida School for the Deaf and the Blind under Section 1002.36, F.S., the directors of developmental research (laboratory) schools under Section 1002.32, F.S., and school district superintendents under Section 1001.46, F.S.;

(3) School District Annual Requisition Plan for Instructional Materials under Section 1006.28(3)(b), F.S.

(a) Each superintendent must provide notice of the instructional materials the school district intends to requisition for use in the following school year. This notice must include the following:

1. Core courses offered by the school district in kindergarten through grade 12; and

2. The instructional materials the school district intends to requisition by International Standard Book Number, publisher, and course.

(b) This information must be submitted electronically to https://districts.flimadoption.org.

(c) The notice is due annually.

(4) Certification Requirements for School District Instructional Materials Programs under Sections 1006.283(1) and (4), F.S.

(a) Where a school district implements its own instructional materials program under the provisions of Section 1006.283, F.S., a superintendent must certify annually on the form entitled “Certification of Alignment and Adoption of Instructional Materials” (Form IM-A), the following:

1. Instructional materials used by the school district in core courses are aligned with state academic standards, as set forth in Section 1003.41, F.S., and Rule 6A-1.09401, F.A.C.; and

2. The school district’s process for the review, selection and adoption of instructional materials complies with hearing requirements established by a district school board and the public meeting requirements set forth in Section 1006.283(2)(b)8., F.S.

(b) This certification must be submitted electronically to https://districts.flimadoption.org.

(c) The certification is due annually.

(5) Certification Requirements for Implementation of Instructional and Library Media Materials.

(a) Each superintendent must certify on the form entitled “Certification of Implementation of Instructional and Library Media Materials” (Form IM-B), the following:

1. The school board has approved a comprehensive staff development plan that supports fidelity of implementation of instructional materials and includes a process for verifying completion of the training;

2. Instructional materials are being implemented as designed;

3. All instructional materials for core courses used in the school district are aligned to applicable state academic standards;

4. Core reading materials and reading intervention materials used in kindergarten through grade 5 meet the requirements of Section 1001.215(7), F.S.; and

5. Any material objected to by a parent or resident of the county where the school district is located during the preceding school year, under the provisions of Section 1006.28, F.S., has been identified, along with the reason for the objection and the grade and courses for which the material was removed or discontinued, in accordance with the requirements of Rule 6A-7.0714, F.A.C.

(b) This certification must be submitted electronically to https://districts.flimadoption.org.

(c) The certification is due annually by August 1.

(6) Selection, Training and Certification Requirements Regarding School District Library Materials under Sections 1006.28(2)(d) and 1006.29(6), F.S.

(a) Media Specialist. Materials maintained in a school district library media center that are accessible to students or included in a recommended or assigned school or grade-level reading list must be selected by a school district employee who holds an Educational Media Specialist Certificate, as described in Rule 6A-4.0251, F.A.C.

(b) Training Requirements. School librarians, educational media specialists and other persons employed by a school district who are involved in the selection of school district library materials must complete the online training, entitled Library Media Training, before selecting library materials. This training must be completed annually and can be accessed at https://www.fldoe.org/academics/standards/instructional-materials/.

(c) Certification of Training. In accordance with Section 1006.29(6), F.S., each superintendent must certify that school librarians and media specialists who are employed by the school district and who are involved in the selection of library media materials for students, have completed the Library Media Training incorporated in this rule.

1. This certification must be made on the form entitled “Certification of Library Media Training” (Form IM-C) and include the number of those who completed the training by job code.

2. This certification must be submitted electronically to https://districts.flimadoption.org.

3. The certification is due annually by July 1.

(7) Certification of estimated allocation for instructional materials under Section 1006.40(1), F.S.

(a) In accordance with Section 1006.40(1), F.S., each superintendent must annually certify by July 1, the estimated allocation for instructional materials for the ensuing fiscal year.

(b) This certification must be made on the form entitled “Certification of Estimated Instructional Materials Spending” (Form IM-E), must be submitted electronically to https://districts.flimadoption.org.

(8) Documents Incorporated by Reference. The following documents are incorporated by reference and may be obtained at https://www.fldoe.org/academics/standards/instructional-materials/.

(a) Certification of Alignment and Adoption of Instructional Materials, Form IM-A, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16951) effective September 2024, due annually.

(b) Certification of Implementation of Instructional and Library Media Materials, Form IM-B, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15919) effective September 2023, due annually on or before August 1.

(c) Certification of Library Media Training, Form IM-C, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15151) effective February 2023, due annually on or before July 1.

(d) Library Media and Instructional Materials Training, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16709) effective July 2024.

(e) Certification of Estimated Instructional Materials Spending, Form IM-E, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15920) effective September 2023, due annually on or before July 1.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1006.28 FS. Law Implemented 1006.28(2), (3), 1006.283(1), (4), 1006.29(6), 1006.40 FS. History‒New 2-21-23, Amended 9-26-23, 7-10-24, 9-24-24.

Fla. Admin. Code R. 6A-7.072 Textbooks Authorized for Special Schools

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 233.13 FS. History–New 2-20-64, Amended 4-8-68, Formerly 6A-7.72, Repealed 10-31-74.

Fla. Admin. Code R. 6A-7.073 Requisition of Textbooks

History

• Rulemaking Authority 233.32 FS. Law Implemented 233.43 FS. History–New 4-8-68, Formerly 6A-7.73, Repealed 10-31-74.

Fla. Admin. Code R. 6A-7.074 Disposing of Instructional Materials

History

• Rulemaking Authority 233.37 FS. Law Implemented 233.37, 233.38, 233.44 FS. History–New 4-8-68, Amended 4-11-70, 10-31-74, 12-5-74, Formerly 6A-7.74, Repealed 5-23-06.

Fla. Admin. Code R. 6A-7.076 Official Minimum Manufacturing Standards and Specifications for Textbooks

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 233.14(1)(e), 233.25 FS. History–New 4-8-68, Amended 10-31-74, Repromulgated 12-5-74, Formerly 6A-7.76, Repealed 12-20-11.

Fla. Admin. Code R. 6A-7.077 Access to State Funded Electronic Library Resources by Accelerated Secondary Students

(1) Students of Florida public secondary schools enrolled pursuant to Section 1007.27(1), F.S., shall have access to state funded electronic library resources that are licensed for Florida colleges and state universities by the Florida Postsecondary Academic Library Network.

(2) Each public secondary school shall designate a member of its staff to serve as the authorized administrator for purposes of providing access to state funded electronic resources. In order to access these electronic resources, students shall provide the information requested on Form EL-01, Eligibility Verification Form, effective February 2016, to the authorized administrators at their school. Form EL-01 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06403) is hereby incorporated by reference in this rule. The form may be accessed at the Florida Library Access-Pass for Accelerated Secondary Students (“FLA-PASS”) webpage at http://www.FLA-PASS.org.

(3) The authorized administrators at each school shall collect Eligibility Verification Forms from students, input the required information into the FLA-PASS webpage, and retain the original physical forms pursuant to school district records retention policies.

(4) Schools shall collect and update student information every school year utilizing the form and FLA-PASS website.

History

• Rulemaking Authority 1001.02(1), 1007.27(1) FS. Law Implemented 1007.27(1) FS. History–New 6-21-11, Amended 2-9-16.

Fla. Admin. Code R. 6A-7.078 Inventory Records of Textbooks

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 233.43 FS. History–New 4-8-68, Amended 4-11-70, Formerly 6A-7.78, Repealed 10-31-74.

Fla. Admin. Code R. 6A-7.079 Sale of Textbooks to the Public

History

• Rulemaking Authority 233.46 FS. Law Implemented 233.46 FS. History–New 4-8-68, Formerly 6A-7.79, Repealed 10-31-74.

Fla. Admin. Code R. 6A-7.080 Rebinding and Rehabilitation of Textbooks

History

• Rulemaking Authority 233.39 FS. Law Implemented 233.39 FS. History–New 2-20-64, Amended 4-8-68, 10-31-74, Repromulgated 12-5-74, Formerly 6A-7.80, Amended 7-29-92, Repealed 11-26-08.

Fla. Admin. Code R. 6A-7.081 Textbooks Charges

History

• Rulemaking Authority 229.053 FS. Law Implemented 233.46 FS. History–New 4-11-70, Formerly 6A-7.81, Repealed 10-31-74.

Fla. Admin. Code R. 6A-7.090 Retention of Title to and Disposal of Equipment by Division of Vocational Rehabilitation

History

• Rulemaking Authority 229.051(2) FS. Law Implemented 229.0112 FS. History–New 4-8-68, Formerly 6A-7.90, Repealed 4-11-70.

Fla. Admin. Code R. 6A-7.095 Community Education Grants

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 237.34(1) FS. Law Implemented 120.53(1)(b), 230.23(4)(j), 237.01, 237.34, 239.401 FS. History–New 2-20-71, Amended 12-5-74, 9-6-78, 3-16-80, Formerly 6A-7.95, Repealed 6-1-98.

Fla. Admin. Code R. 6A-7.096 Educational Improvement Projects

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 229.59(1) FS. Law Implemented 229.59 FS. History–New 10-30-78, Amended 11-18-84, Formerly 6A-7.96, Repealed 1-7-16.

Fla. Admin. Code R. 6A-7.098 Metric System

History

• Rulemaking Authority 229.053(1), 229.841 FS. Law Implemented 229.841 FS. History–New 7-2-79, Formerly 6A-7.98, Repealed 11-16-89.

Fla. Admin. Code R. 6A-7.099 Challenge Grant Program for the Gifted

(1) The purpose of the Challenge Grant Program for the Gifted shall be to encourage public schools to implement exemplary programs which challenge gifted students.

(2) As provided by Section 1011.75(2), F.S., the Commissioner shall cooperate and consult with associations and organizations concerned with the education of the gifted in administering this grant program. Such associations and organizations shall include at least the Florida Association for the Gifted and the Florida Federation Council for Exceptional Children.

(3) Annually the Commissioner shall invite district school boards to submit a program proposal consistent with the requirements of Section 1011.75(3), F.S. The proposals shall be judged by the following criteria:

(a) The proposed program will improve the quality of existing programs;

(b) The proposed program will initiate a model or demonstration program; or

(c) The proposed program will expand student participation in existing programs.

(4) Each project funded shall, as provided by Section 1011.75(3)(d), F.S., contain provisions for the submission of an evaluation of the program and shall meet all requirements of law.

(5) Each project funded shall contain provisions for the submission of an evaluation of the program and shall meet all requirements of law.

History

• Rulemaking Authority 1011.75(2) FS. Law Implemented 1011.75 FS. History–New 1-6-83, Amended 5-3-83, Formerly 6A-7.99.

Fla. Admin. Code R. 6A-7.0398 Forms and Instructions for State Tuition Voucher Fund

History

• Rulemaking Authority 20.05(1)(b), 120.53(1)(b), 229.053(1), 240.401(1) FS. Law Implemented 120.53(1)(b), 240.401 FS. History–New 9-27-79, Formerly 6A-7.398, Repealed 3-23-83.

Chapter 6A-10 MISCELLANEOUS

Fla. Admin. Code R. 6A-10.001 Procedures and Policies for Investment of the Principal of the State School Fund

History

• Rulemaking Authority 120.53(1)(a), 215.53, 229.053(1) FS. Law Implemented 229.053(2)(h), 229.512(8) FS. History–New 12-5-74, Formerly 6A-10.01, Repealed 6-1-98.

Fla. Admin. Code R. 6A-10.002 Policies on Contract Sale of School Lands

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 120.53(1), 229.053(2)(f), 229.512(8) FS. History–New 12-5-74, Formerly 6A-10.02, Repealed 6-1-98.

Fla. Admin. Code R. 6A-10.003 Determining Land Boundaries When Timber Is Sold

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 120.53(1)(a), (b), 229.053(2)(f), 229.512(8), 253.45 FS. History–New 12-5-74, Formerly 6A-10.03, Repealed 6-1-98.

Fla. Admin. Code R. 6A-10.004 Contracts with Federal Government or Its Agencies

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.053(2)(h) FS. History–New 5-12-65, Formerly 6A-10.04, Repealed 9-17-72.

Fla. Admin. Code R. 6A-10.005 Accreditation of Schools Operated by Federal Government

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.053(2)(h), 229.802 FS. History–New 6-9-68, Amended 12-5-74, Formerly 6A-10.05, Repealed 1-29-76.

Fla. Admin. Code R. 6A-10.006 Rules and Procedures for Cabinet Review and Approval of Appointees to Membership on the Board of Regents

Cf. Appointees to the Board of Regents must be confirmed by the Senate.

History

• Rulemaking Authority 20.15(6), 120.53(1)(a), 229.053(1) FS. Law Implemented 20.15(6), 120.53(1)(a), 240.207 FS. History–New 4-11-70, Repromulgated 12-5-74, Formerly 6A-10.06, Repealed 11-26-08.

Fla. Admin. Code R. 6A-10.007 Rules and Procedures for State Board of Education Review and Approval of Appointees to Membership on a Community College Board of Trustees

Cf. Appointees to a Community College Board of Trustees must be confirmed by the Senate.

History

• Rulemaking Authority 20.15(6), (7), 120.53(1)(a), 229.053(1) FS. Law Implemented 20.15(6), (7), 120.53(1)(a), 240.313(3) FS. History–New 4-11-70, Repromulgated 12-5-74, Formerly 6A-10.07, Amended 10-26-94, Repealed 11-26-08.

Fla. Admin. Code R. 6A-10.0079 Speech Pathology and Audiology Act

History

• Rulemaking Authority 229.053(1), 468.143(3) FS. Law Implemented 468.143(1) FS. History–New 4-11-70, Amended 5-9-70, 12-5-74, Formerly 6A-10.08, Amended 3-1-78, Formerly 6A-10.079, Amended 7-5-90, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.008 Certification of Speech-Language Pathologists and Audiologists

History

• Rulemaking Authority 229.053(1), 468.143(3) FS. Law Implemented 468.143(7), (8), (10), 468.146 FS. History–New 4-11-70, Amended 5-9-70, 12-5-74, 3-1-78, 11-10-83, 11-27-85, Formerly 6A-10.08, Amended 2-13-86, 10-7-86, 11-24-87, 7-5-90, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.0081 The Code of Ethics for the Practice of Speech-Language Pathology and Audiology

History

• Rulemaking Authority 229.053(1), 468.143(3) FS. Law Implemented 468.143(3), 468.144(3) FS. History–New 2-20-71, Amended 12-5-74, 3-1-78, 11-10-83, 11-27-85, Formerly 6A-10.081, Amended 11-24-87, 7-5-90, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.0082 Qualification for Registration for Speech-Language Pathology Aides and Audiology Aides

History

• Rulemaking Authority 229.053(1), 468.143(3) FS. Law Implemented 468.141(8), 468.1425, 468.143(3), 468.146 FS. History–New 8-19-72, Amended 12-5-74, 3-1-78, 11-27-85, Formerly 6A-10.082, Amended 2-13-86, 11-24-87, 7-5-90, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.00825 Definition and Role of Speech-Language Pathology and Audiology Aides

History

• Rulemaking Authority 229.053(1), 468.143(3) FS. Law Implemented 468.141(3), 468.1425, 468.143(1), (3) FS. History–New 11-10-83, Amended 11-27-85, Formerly 6A-10.0825, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.0083 Supervision of Speech-Language Pathology Aides and Audiology Aides

History

• Rulemaking Authority 229.053(1), 468.143(3) FS. Law Implemented 468.141(8), 468.143(3) FS. History–New 8-19-72, Amended 12-5-74, 11-10-83, 11-27-85, Formerly 6A-10.086, Amended 11-24-87, 7-5-90, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.0084 Discipline of Speech-Language Pathology and Audiology Registrants

History

• Rulemaking Authority 229.053(1), 468.143(3) FS. Law Implemented 120.53(1), 120.57(1), 120.62, 468.140, 468.142(1), 468.143(1), (2), (3), 468.144(3), 468.147, 468.149 FS. History–New 4-19-73, Amended 12-5-74, 3-1-78, Formerly 6A-10.084, Amended 11-24-87, 7-5-90, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.0085 Forms and Instructions – Speech Pathology and Audiology

History

• Rulemaking Authority 229.053(1), 468.143(1), (3) FS. Law Implemented 120.53(1)(b), 468.142, 468.1425, 468.143, 468.145, 468.146 FS. History–New 4-28-77, Amended 12-26-77, 11-10-83, Formerly 6A-10.085, Repealed 11-27-85.

Fla. Admin. Code R. 6A-10.009 Delegation of Authority to the Commissioner

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 20.05(1)(b), 20.15(1), 229.012, 229.053(1), 229.512(1) FS., Article IV, Section 4(g), Florida Constitution. History–New 4-11-70, Amended 12-5-74, 10-23-79, 6-5-80, 7-23-80, Formerly 6A-10.09, Transferred to 6A-16.04.

Fla. Admin. Code R. 6A-10.010 Board of Regents, Adoption of Policies and Regulations

History

• Rulemaking Authority 229.053(1), (2)(c), 229.512(2) FS. Law Implemented 20.05(1), 120.53(1)(a), 229.053(1), (2)(c), 229.512(2), 240.207 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-10.10, Repealed 6-1-98.

Fla. Admin. Code R. 6A-10.011 Board of Trustees of the Florida School for Deaf and Blind, Adoption of Policies and Regulations

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 20.05(1), 120.53(1)(a), 229.053(1), 229.512(2), 242.331(3) FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-10.11, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.012 Professional Practices Council

History

• Rulemaking Authority 229.053(1), 231.57(6)(a)1. FS. Law Implemented 20.05(1)(a), 120.53(1)(a), 231.54, 231.57 FS. History–New 4-11-70, Amended 12-5-74, Formerly 6A-10.12, Repealed 11-14-82.

Fla. Admin. Code R. 6A-10.014 Distribution of Schools and Regulations of the State Board

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 120.53(2)(a), 229.512(13) FS. History–New 5-20-71, Amended 12-5-74, Formerly 6A-10.14, Repealed 2-21-06.

Fla. Admin. Code R. 6A-10.015 Appointment of Committees

The Commissioner of Education is authorized to appoint such councils, committees or task forces as may be necessary and desirable to carry out the functions of the Department of Education unless appointment is otherwise provided by law or regulations of the State Board of Education. A division director of the Department of Education may appoint such councils, committees or task forces as may be necessary and desirable to carry out the functions of his division.

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1001.02(1) FS. History–New 5-20-71, Repromulgated 12-5-74, Formerly 6A-10.15.

Fla. Admin. Code R. 6A-10.016 School Center Definition

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 228.041(6) FS. History–New 10-18-71, Amended 12-5-74, Formerly 6A-10.16, Repealed 12-26-77.

Fla. Admin. Code R. 6A-10.017 Accounts Outside State Treasury for Certain Organizations

History

• Rulemaking Authority 229.053(1), 229.085 FS. Law Implemented 11.45(3), 229.053(1), 229.085 FS. History–New 9-17-72, Amended 12-5-74, Formerly 6A-10.17, Repealed 6-1-98.

Fla. Admin. Code R. 6A-10.018 Time-shortened Educational Programs

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.053(2)(b) FS. History–New 11-17-73, Amended 6-17-74, 12-5-74, Formerly 6A-10.18, Repealed 11-15-95.

Fla. Admin. Code R. 6A-10.019 Required Annual Calendar for Colleges

Each Florida College System institution board of trustees shall prior to the beginning of each fiscal year adopt an annual calendar which shall be observed by the institution operated by said board.

(1) Each board shall adopt a calendar that supports the following objectives:

(a) Minimal loss of time between student exit from one public institution and entry into another. Students who complete a phase of their education in one public institution and who need to transfer to another public institution to continue their education should be able to do so without prolonged delay.

(b) Opportunity for students to move through the educational system at their respective paces. Calendars should not be based on the assumption that all students will initiate and complete learning activities at the same pace.

(c) Opportunity for effective and efficient utilization of resources.

(d) Opportunity for family activities.

(e) Flexibility in implementation of calendar decisions.

(2) The calendar adopted by each Florida College System institution board of trustees shall include at least the following statewide requirements:

(a) Unless an exception is granted by the Chancellor of the Florida College System, as appropriate, three (3) common entry periods shall be established so that the first day of classes will fall on or within each of the three (3) periods listed below:

1. August 10 and August 31.

2. January 2 and January 11.

3. May 1 and May 16.

(b) In addition to the three (3) common entry periods prescribed in this section, each calendar shall include the following:

1. Pre-established dates for issuing certificates, diplomas, or degrees which will permit students to utilize the entry period which minimizes the loss of time to students in completing the transfer between programs or institutions.

2. A summer program for teachers and other school personnel; provided, however, that this requirement shall apply only to each postsecondary educational institution offering programs for in-service teachers.

3. As many additional periods throughout the fiscal year in which a student can begin a program as can be feasibly provided.

(3) An official copy of the annual calendar adopted by each Florida College System institution board of trustees for each institution operated by said boards shall be filed with the Department in the manner prescribed by the Commissioner.

History

• Rulemaking Authority 1001.02(1), (2)(n), (6) FS. Law Implemented 1001.02(6) FS. History–New 6-17-74, Repromulgated 12-5-74, Amended 3-27-80, 7-7-83, 2-19-84, Formerly 6A-10.19, Amended 12-18-05, 6-23-16.

Fla. Admin. Code R. 6A-10.023 Procedures for Contracting for Professional Services

The following procedures shall be followed by the Department of Education in selecting firms to provide professional services, and in negotiating contract for professional services pursuant to the Florida “Consultants’ Competitive Negotiation Act.” This rule shall in no way be construed to apply to the responsibilities of the Department of Management Services.

(1) Definitions.

(a) Professional services means those services within the scope of practice of architecture, professional engineering or registered land surveying as defined by the laws of the State of Florida or those performed by any architect, professional employment or practice or other professional services that may be required.

(b) Department means the Florida Department of Education.

(c) Firm means any individual, firm, partnership, corporation, association or other legal entity permitted by law to practice architecture, engineering, or land surveying in the State of Florida.

(d) Compensation means the total amount paid by the Department for professional services.

(e) Committee means the certification and competitive selection committee appointed by the Commissioner.

(f) Commissioner means the Commissioner of Education for the State of Florida.

(2) Public advertisement and qualification procedures.

(a) The Department shall publish a legal advertisement in four (4) newspapers of general circulation and in appropriate professional publications for architecture, engineering and land surveying, providing a general description of the project or projects requiring professional services and defining procedures on how interested professional firms may apply for consideration by the Department. A listing of the project or projects will be sent to each firm having a qualification form on file with the Department and which has expressed an interest in being notified.

(b) Pursuant to Section 287.055, F.S., the procedures of this section shall apply in all cases except in cases declared to be valid public emergencies as certified by the Commissioner.

(c) The Department shall set forth, in each public advertisement, that all parties interested in providing professional services to the Department shall submit experience and qualification data to the Department annually on forms provided by the Department. The Department will request supplemental current experience and qualification data as needed on each firm being considered for services for each project when selection is ready to commence.

(3) Certification and competitive selection.

(a) There shall be a certification and competitive selection committee comprised of five (5) members appointed by the Commissioner.

(b) The committee shall review the statement of qualifications and performance data submitted by each firm requesting certification and determine if the firm is fully qualified to render the required services according to law and policies of the Department. Among the factors to be considered in making this finding are the capabilities, adequacy of personnel, past record and experience of the firm. The finding of the committee shall indicate that the firm has been found to be fully qualified to render professional services to the Department.

(c) For each project for which professional services of more than five thousand (5,000) dollars are required the committee shall evaluate current statements of qualifications and performance data for each firm which has requested to be considered for that project, and may conduct discussions with, and may require presentations by, no less than three firms regarding their qualifications, approach to the project and ability to perform the required services.

(d) The certification and competitive selection committee shall determine the relative ability of each firm to perform the services required for each project. Determination of ability shall be based on staff, experience, training and capabilities. Each firm determined to be able to provide the services for the project will be so certified by the committee and shall be eligible for consideration.

(e) The certification and competitive selection committee shall select no less than three firms in order of preference, deemed to be most highly qualified to perform the required services, after considering such factors as the ability of professional personnel; past performance; willingness to meet time and budget requirements; demonstrated approach to the project; interest; location; recent, current and projected workloads of the firm and the volume of work previously awarded to the firm by the department, with the object of effecting an equitable distribution of contracts among qualified firms, provided however, that such distribution does not violate the principle of selection of the most highly qualified firm. The committee shall report its selections to the Commissioner for approval or disapproval.

(4) Competitive negotiation.

(a) The Commissioner or his designee shall negotiate a contract in full accordance with the procedures set forth hereafter for professional services for a project with the firm which has been determined to be most qualified, at compensation determined to be fair, competitive, and reasonable. For all lump sum or cost-plus-a-fixed fee professional services contracts over fifty thousand (50,000) dollars the Department shall require the firm receiving the award to execute a truth-in negotiation certificate as required in Section 287.055(5)(a), F.S.

(b) Should the commissioner or his designee be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price determined to be fair, competitive and reasonable, negotiations with that firm shall be formally terminated. The Commissioner or his designee shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the Commissioner or his designee shall terminate negotiations. The Commissioner or his designee shall then undertake negotiations with the third most qualified firm.

(c) Should the Commissioner or his designee be unable to negotiate a satisfactory contract with any of the selected firms, additional firms shall be selected in accordance with subsection 6A-10.023(3), F.A.C. Negotiations shall continue in accordance with this section until an agreement is reached.

(5) Prohibition against contingent fees. Each contract for professional services shall contain a prohibition against contingent fees, as required by Section 287.055(6), F.S.

(6) Nonexclusion of public. Pursuant to Section 287.055, F.S., the public shall not be excluded from any proceedings under these regulations.

History

• Rulemaking Authority 229.053(1), 287.055(3)(d) FS. Law Implemented 287.055 FS. History–New 4-8-75, Formerly 6A-10.23.

Fla. Admin. Code R. 6A-10.024 Articulation Between and Among Universities, Florida Colleges, and School Districts

It is the intent of the Board of Governors in regulation and the State Board of Education in rule to facilitate articulation and seamless integration of the education system by agreeing to the provisions of this articulation agreement, pursuant to Section 1007.23, F.S. The authority to adopt and amend this rule aligns with the Constitutional power given the Board of Governors for the state university system and the statutory authority given the State Board of Education for the district school boards, the Florida College System, and the Department of Education.

(1) Each state university board of trustees, Florida College System board of trustees, and district school board shall plan and adopt policies and procedures to provide articulated programs so that students can proceed toward their educational objectives as rapidly as their circumstances permit.

(2) General education.

(a) Each state university and Florida College System institution shall establish a general education curriculum, which shall require thirty-six (36) semester hours of communication, mathematics, social sciences, humanities, and natural sciences for students working toward an associate in arts degree, specialized associate in arts transfer degree, or baccalaureate degree.

(b) After a state university or Florida College System institution has published its general education curriculum, the integrity of that curriculum shall be recognized by the other public postsecondary institutions. Once a student has been certified by such an institution on the official transcript as having completed satisfactorily its prescribed general education curriculum, regardless of whether the associate in arts degree or specialized associate in arts transfer degree is conferred, no other public postsecondary institution to which he or she may transfer shall require any further such general education courses.

(c) If a student does not complete the general education curriculum prior to transfer, the general education requirement becomes the responsibility of the new institution, consistent with Section 1007.24, F.S.

(3) Associate in Arts (A.A.) Degree. Every associate in arts graduate of a Florida College System institution shall be granted admission to the upper division of a public postsecondary institution consistent with Section 1007.23, F.S. Admission to the student’s preferred public postsecondary institution or program is not guaranteed.

(a) The associate in arts degree is defined in subsection 6A-14.030(3), F.A.C., (The rule may be obtained from the Office of Articulation, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399) which definition is incorporated by reference herein, and for purposes of this agreement, shall include:

1. Completion of sixty (60) semester hours of college credit courses in an established program of study that includes a general education curriculum of thirty-six (36) semester hours of college credit in communication, mathematics, social sciences, humanities, and natural sciences and demonstration of competency in a foreign language pursuant to s. 1007.262, F.S., and demonstration of civic literacy competency pursuant to s. 1007.25(5), F.S. The sixty (60) semester hours that comprise a completed associate in arts degree shall be accepted in total upon transfer to an upper division program at another public postsecondary institution.

2. Achievement of a cumulative grade point average of at least 2.0, provided that only the final grade received in courses repeated by the student shall be used in computing the average. The grade of “D” shall transfer and count toward the associate and baccalaureate degrees in the same way as “D” grades obtained by native students in the receiving public postsecondary institution. Whether courses with “D” grades in the major satisfy requirements in the major field may be decided by the receiving public postsecondary institution.

(b) Nothing herein shall prevent a postsecondary institution from denying admission or continued enrollment based on an applicant’s past misconduct, both on or off campus, or when past actions have been found to disrupt or interfere with the orderly conduct, processes, functions or programs at any other postsecondary institution.

(c) Each student in an associate in arts program at a Florida College System institution must indicate a baccalaureate degree program at an institution of interest by the time the student earns thirty (30) semester hours. If the student indicates a program at a public postsecondary institution, the Florida College System institution in which the student is enrolled must inform the student of the common program prerequisites, pursuant to Section 1007.23(4), F.S.

(d) The award of additional credit after award of the associate in arts degree pursuant to Section 1007.25(9), F.S., does not exclude a student from the provision in subsection (3). However, students must maintain a cumulative grade point average of 2.0 or higher to qualify for guaranteed admission under subsection (3) of this rule.

(4) Specialized Associate in Arts Transfer (SAAT) Degree. Specialized associate in arts transfer degrees are designed for Florida College System institution students who need lower-level coursework beyond the sixty (60) credits required for the general associate in arts degree for admission to a specified bachelor’s degree program. Every associate in arts specialized transfer degree graduate of a Florida College System institution shall be granted admission to the upper division of a public postsecondary institution based upon an executed articulation agreement between the awarding Florida College System institution and receiving State University System institution consistent with s. 1007.25, F.S., as approved by the State Board of Education.

(a) The specialized associate in arts degree is defined in Rule 6A-14.030(4), F.A.C.

1. Completion of at least sixty (60) semester hours of college credit and the attainment of predetermined and specified performance requirements in an established program of study that includes a general education curriculum of thirty-six (36) semester hours of college credit in communication, mathematics, social sciences, humanities, and natural sciences, demonstration of competency in a foreign language pursuant to s. 1007.262, F.S., and demonstration of civic literacy competency pursuant to s. 1007.25(5), F.S. All completed coursework that comprises a completed associate in arts specialized transfer degree shall be accepted in total upon transfer to the receiving upper division program based upon the established articulation agreement.

2. Achievement of a cumulative grade point average of at least 2.0, provided that only the final course grade received in courses repeated by the student shall be used in computing the average. The grade of “D” shall transfer and count toward the associate and baccalaureate degrees in the same way as “D” grades obtained by native students in the receiving public postsecondary institution. Whether courses with “D” grades in the major satisfy requirements in the major field may be decided by the receiving public postsecondary institution.

(b) Nothing herein shall prevent a postsecondary institution from denying admission or continued enrollment based on an applicant’s past misconduct, both on or off campus, or when past actions have been found to disrupt or interfere with the orderly conduct, processes, functions or programs at any other postsecondary institution.

(5) Associate in Science (A.S.) Degree. The associate in science degree is defined in subsection 6A-14.030(5), F.A.C., and for purposes of this agreement shall include:

(a) Completion of the minimum number of semester hours of college credit courses in an established program of study as required in subsection 6A-14.030, F.A.C.

(b) Completion of a minimum of fifteen (15) semester hours in the general education subject areas of communication, mathematics, social sciences, humanities, and natural sciences. English and mathematics courses must meet the requirements adopted by the State Board of Education in Rule 6A-10.030, F.A.C., and the Board of Governors Regulation 6.017. No physical education credit will be included in the general education block of credit.

(c) Courses taken as part of the associate in science degree to meet the general education requirements will transfer and apply toward the thirty-six (36) general education credit hours required for the baccalaureate degree. No additional general education credit hours can be required except to complete the total thirty-six (36) general education hours.

(d) Capstone Degree Articulation Agreement. A capstone agreement that is entered into by a specific public or private postsecondary institution provides for the acceptance of a specific associate in science degree from any Florida college and applies it as a block of credit toward a specified baccalaureate degree. The quality and content of the associate in science degree is respected as the technical component of the baccalaureate degree and the remainder of the program is designed to complete general education requirements and provide management skills to assist in job progression. Every associate in science degree graduate of a Florida College System institution program that articulates with a capstone degree program in a specific Florida public or private postsecondary institution shall be guaranteed admission to that program except for limited access programs and those requiring specific grades on particular courses for admission. All associate in science degree graduates who articulate under the capstone agreement shall be treated equally, regardless of the Florida College System institution from which they receive their degrees. The general education component of the associate in science degree shall be accepted in total as a portion of the general education requirement upon transfer to the capstone program in a specific Florida public or private postsecondary institution.

(e) Career Ladder Degree Articulation Agreement. The Career Ladder agreement integrates specific associate in science degree programs with identified baccalaureate degree programs statewide. Each associate in science degree program must meet specific requirements as prescribed in the agreement and public postsecondary institutions are required to honor the transfer of credit toward the specified baccalaureate degree. Graduates of a Florida College System institution associate in science degree program with an agreement that is documented and maintained by the Articulation Coordinating Committee shall be granted admission to a public postsecondary institution in the program designated to articulate with their degree, except for limited access programs and those requiring specific grades on particular courses for admission. Admission to the student’s preferred public postsecondary institution is not guaranteed. Each State University System institution shall develop admissions criteria to ensure that associate in science degree students are evaluated on an equal basis with associate in arts degree graduates and native university students for admission into Career Ladder programs designated as limited access and those requiring specific grades on particular courses for admission.

(f) The statewide associate in science to baccalaureate degree program articulation agreements between public postsecondary institutions shall be documented and maintained by the Articulation Coordinating Committee. The Department of Education, in consultation with institutions, shall review periodically, as necessary, but no more than once a year, the provisions of the state articulation agreements and the prescribed curricula to ensure the continued effectiveness of the articulation between the A.S. and B.A./B.S. programs. Any recommendations for revisions to the state articulation agreements will be forwarded to the Articulation Coordinating Committee for review. The revisions may be approved after the Board of Governors and the State Board of Education make independent determinations that the recommended revisions are consistent with board policies.

(6) Applied Technology Diploma (A.T.D.). The A.T.D. consists of a course of study that is part of an associate in science (A.S.) or an associate in applied science degree (A.A.S.), is less than sixty (60) credit hours, is approximately fifty (50) percent of the technical component (non-general education), and leads to employment in a specific occupation. An A.T.D. program may consist of either clock hours or college credit.

(a) Students must have a high school diploma, a high school equivalency diploma, or a certificate of completion pursuant to Section 1003.433(2)(b), F.S.; to be admitted to an applied technology diploma program; home education students may be admitted pursuant to Section 1007.263, F.S. Within six (6) weeks of entry, students in applied technology diploma programs of 450 or more hours must be tested pursuant to Rule 6A-10.040, F.A.C., and, if below minimum standards for completion from the program as defined in the program standards document adopted in Rule 6A-6.0571, F.A.C., must receive remedial instruction. The minimum standards must be at least the equivalent of a score of ten (10) on all sections of any basic skills test approved in Rule 6A-10.040, F.A.C. Students must successfully complete all remedial instruction before completing the A.T.D.

(b) Florida College System institutions may offer either college credit or clock hours toward the applied technology diploma. Career centers may offer only clock hours.

(c) All faculty providing instruction must have at least a baccalaureate degree or an associate degree with demonstrated competencies in the specific instructional program area as defined by the institutional accrediting agency or association that is recognized by the U.S. Department of Education.

(d) The information related to the guaranteed transfer of credit between an applied technology diploma program and associate in science or an associate in applied science degree must be documented and maintained by the Articulation Coordinating Committee. The documentation shall include the following:

1. The total number of clock or credit hours within the program.

2. The associate in science or associate in applied science degree into which the applied technology diploma is guaranteed to transfer.

3. The number of college credit hours guaranteed to transfer.

4. An effective date.

(e) The transfer of the applied technology diploma to an associate in science or associate in applied science degree is guaranteed for a period of five (5) years following the date of the award of the applied technology diploma.

(f) Applied technology diploma students entering an associate degree program shall meet the admissions standards stipulated in Section 1007.263, F.S. Additional admissions requirements for limited access programs may be established by the Florida College System institution board of trustees.

(7) Credit by examination.

(a) For examination programs listed in Section 1007.27, F.S., a list of examinations, minimum scores for guaranteed transfer credit, maximum credits guaranteed to transfer, and recommended course equivalents shall be maintained by the Articulation Coordinating Committee and reviewed annually. The list is incorporated in the document Articulation Coordinating Committee Credit-by-Examination Equivalencies, Effective August 2026, which is herein incorporated by reference and located at (http://flrules.org/Gateway/reference.asp?No=Ref-19656). The list may be requested from the Office of Articulation, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(b) Transfer of credit by examination is guaranteed for up to forty-five (45) credits, provided that credit was awarded in accordance with the Articulation Coordinating Committee’s recommended minimum scores and course equivalents.

(c) Transfer of examination credit over forty-five (45) credits is at the discretion of the receiving institution.

(d) Credit by examination may not duplicate credit from previous successfully completed postsecondary courses or examinations. Credit by examination shall be included in institution grade forgiveness policies.

(e) No grades or grade points shall be assigned for credit by examination.

(f) For all Advanced Placement (AP), International Baccalaureate (IB), Advanced International Certificate of Education (AICE), Florida Advanced Course Test (FACT), DANTES Subject Standardized Tests (DSST), Defense Language Proficiency Test (DLPT), College-Level Examination Program (CLEP) and UExcel (Excelsior College) examinations, credit must be awarded at a minimum in accordance with the credit-by-examinations equivalencies determined by the Articulation Coordinating Committee referenced in paragraph (7)(a) of this rule. The postsecondary institution shall determine the credit awarded for examinations completed prior to November 1, 2001, or examinations not included in the Articulation Coordinating Committee Credit-by-Examination Equivalencies.

(g) All credit by examination that is initially awarded based on Articulation Coordinating Committee (ACC) recommended minimum scores and maximum amount of credit is guaranteed to transfer and must be accepted by all public postsecondary institutions.

(h) Institutions may award credit for examinations that are not listed in this rule or that do not have recommended course equivalents, minimum scores, and maximum credits. Acceptance of transfer credit so awarded is at the discretion of the receiving institution.

(8) Limited access programs. Florida College System institution and state university transfer students shall have the same opportunity to enroll in baccalaureate limited access programs as native students. Baccalaureate limited access program selection and enrollment criteria shall be established and published in catalogs, counseling manuals, and other appropriate publications.

(9) A state university may accept non-associate in arts degree credit in transfer based on its evaluation of the applicability of the courses to the student’s program at the university.

(10) State universities and Florida College System institutions shall publish with precision and clarity in their official catalogs the admission, course, and prerequisite requirements of the institution, each unit of the institution, each program, and each specialization. Any applicable duration of requirements shall be specified. The university or college catalog in effect at the time of a student’s initial collegiate enrollment shall govern upper division prerequisites in the same manner as for native students at the same institution, provided the student maintains continuous enrollment as defined in that catalog unless otherwise specified.

(11) The Department and all public universities, Florida College System institutions, and school districts shall maintain the electronic exchange of student transcripts and associated educational records, including acquisition of and access to test scores of students in the standard format established by the ACC.

(12) All postsecondary courses offered for college credit, clock hours, or developmental education credit as they are defined in Rule 6A-14.030, F.A.C. (The rule may be obtained from the Office of Articulation, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399), which definitions are incorporated by reference herein, shall be entered in the statewide course numbering system. Each course shall be assigned a single prefix and a single identifying number in the course numbering system.

(13) When a student transfers among postsecondary institutions that are fully accredited by a regional or national accrediting agency recognized by the United States Department of Education and that participate in the statewide course numbering system, the receiving institution shall award credit for courses satisfactorily completed at the previous participating institutions when the courses are judged by the appropriate common course designation and numbering system faculty task forces to be academically equivalent to courses offered at the receiving institution including equivalency of faculty credentials regardless of the public or nonpublic control of the previous institution. The award of credit may be limited to courses that are entered in the statewide course numbering system. Credit so awarded shall satisfy institutional requirements on the same basis as credits awarded to native students.

(14) Statewide Award of Uniform Postsecondary Credit for Specified Training and Experience. Florida College System institutions must award credit to students with prior training or experience in service to the community, state, or nation, as required in Rule 6A-10.0244, F.A.C.

(15) Statewide Mathematics Pathways. To facilitate seamless transfer of credits, reduce excess credit hours, and ensure students take the courses needed for their future careers, students entering the Florida College System in the 2024-2025 academic year and thereafter shall be advised of the mathematics pathway that aligns to the mathematics skills needed for success in the corresponding academic programs aligned to their career goals. The Mathematics Pathways List contains the three mathematics pathways and associated gateway courses. Florida College System institutions shall align associate and baccalaureate degree program requirements to the appropriate mathematics pathway as identified on the Mathematics Pathways List. The Mathematics Pathways List, Effective February 2023, is herein incorporated by reference and located at (http://www.flrules.org/Gateway/reference.asp?No=Ref-15154). The list may be requested from the Office of Articulation, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1007.23(1), 1007.25, 1007.27, 1004.096(1), 1004.0981 FS. Law Implemented 1007.01(2), 1001.64(8)(a), 1007.23, 1007.25, 1007.27, 1004.096, 1004.0981 FS. History–New 5-5-75, Amended 10-7-75, 6-8-76, 8-22-77, 12-26-77, 3-28-78, 5-10-78, 7-2-79, 2-27-80, 5-27-81, 1-6-83, 4-5-83, 6-28-83, 1-9-85, Formerly 6A-10.24, Amended 8-4-86, 5-18-88, 5-29-90, 7-30-91, 10-4-93, 5-3-94, 1-2-95, 9-30-96, 6-15-98, 12-13-99, 8-14-00, 10-15-01, 9-22-03, 12-18-05, 12-23-14, 3-23-16, 8-23-17, 6-19-18, 6-25-19, 10-27-20, 8-23-21, 9-20-22, 2-21-23, 9-26-23, 8-27-24, 9-23-25, 5-21-26, 8-25-26.

Fla. Admin. Code R. 6A-10.0240 Minimum Standards for Admission to Florida College System Institutions

In accordance with s. 1001.64 F.S., each Florida College System institution board of trustees is authorized to govern admission of students pursuant to s. 1007.263, F.S., and the rules of the State Board of Education. In carrying out its duty to govern admission of students, any rules, procedures, or policies adopted by a Florida College System institution board of trustees, pursuant to s. 1001.64, F.S., must maintain the institution’s purpose and mission under s. 1004.65, F.S., and meet the minimum standards of this rule.:

(1) General Admissions Criteria and Minimum Standards Applicable to All Programs.

(a) Each board of trustees must adopt policies that:

1. Ensure that all students admitted to the Florida College System institution are citizens of the United States or lawfully present in the United States. This policy must include a procedure for requiring applicants to provide an attestation that he or she is a citizen of the United States or lawfully present in the United States prior to being granted admission to the institution and to provide documentation of such citizenship or lawful presence prior to enrolling in the institution.

2. Provide for admissions counseling that meets the requirements under s. 1007.263(1), F.S.

3. Reasonably accommodate the religious observance, practice, and belief of individual students in regard to admissions under s. 1006.53, F.S.

4. In accordance with s. 1007.264, F.S., and Rule 6A-10.041, F.A.C., allow a student with a disability who is otherwise eligible for admission, a reasonable substitution for any admission requirement where documentation can be provided that the student’s failure to meet the admission requirement is related to the disability.

5. In accordance with s. 1000.05(2), F.S., ensure that admissions criteria do not discriminate against nor include preferences in the admission process for applicants on the basis of race, color, national origin, sex, disability, religion, or marital status.

(b) Each Florida College System institution board of trustees may consider the past actions of any person applying for admission or enrollment and may deny admission or enrollment to an applicant because of misconduct if determined to be in the best interest of the Florida College System institution.

(2) Admissions Criteria for Associate Degree Programs. Admission to associate degree programs includes documentation of (a) and (b) as follows:

(a) A standard high school diploma or one of the following:

1. A State of Florida high school equivalency diploma awarded under s. 1003.435(2), F.S.

2. A high school equivalency diploma issued by another state which is recognized as equivalent based on an assessment recognized by the United States Department of Education. To be acceptable, such diploma must have been issued based on a student achieving a passing score on the High School Equivalency Test (HiSET), the Test Assessing Secondary Completion (TASC), the California High School Proficiency Exam, or based on a student achieving a combination of passing scores on HiSET, TASC, or GED® subtests.

3. Previously demonstrated competency in college credit postsecondary coursework.

4. In the case of a student who is home educated, a signed affidavit submitted by the student’s parent or legal guardian attesting that the student has completed a home education program pursuant to the requirements of s. 1002.41, F.S.

5. Enrollment in a dual enrollment or early admission program pursuant to s. 1007.271, F.S.

(b) A demonstrated level of readiness to perform college-level communication and computation skills in accordance with Rule 6A-10.0315, F.A.C.

(3) Admissions Criteria for Career Certificate Programs as Defined in s. 1004.02(20), F.S.

(a) A student who has not earned a high school diploma, including students who have earned the required 24 credits under s. 1003.4282, F.S., or the required 18 credits under s. 1002.3105(5), F.S., for the standard high school diploma, except for passage of any must-pass assessment under s. 1003.4282 or s. 1008.22, F.S., or an alternate assessment by the end of grade 12, is eligible to enroll in a career certificate program.

(b) For admission to career certificate programs or Advance Technical Diploma programs requiring 450 hours or more, students must meet the requirements in Rule 6A-10.040, F.A.C.

(4) Admissions Criteria for Baccalaureate Degree Programs as Defined in s. 1007.33, F.S. To ensure that colleges are maintaining an open-door admissions policy for associate degrees as part of their primary mission, all students, including native associate degree graduates, are required to apply for baccalaureate admission through a separate admissions process in order to be admitted into an upper division program at FCS institutions.

(5) A Florida College System institution board of trustees may establish additional admissions criteria. Any additional admissions criteria must be included in the dual enrollment articulation agreement developed according to s. 1007.271(21), F.S.

(6) Participation in community services, recreation, leisure programs, and continuing education programs for which participation does not result in credit or articulated credit, and which do not train for a specific occupation, does not constitute admission for purposes of this rule.

(7) Florida College System policies and procedures concerning the admission process, including the process for admission decision notification and the appeal process for an admission decision, must be posted on the institution’s website and in the institution’s catalog. Florida College System institutions must post admission criteria and requirements for all programs, including additional criteria or prerequisites beyond admission to the college, on their website and in the college catalog.

History

• Rulemaking Authority 1001.02(1), (6), 1001.64(4), (8), 1007.263, 1007.264, 1007.265 FS. Law Implemented 1000.05(2), 1001.02(6), 1001.64(4), (8), 1006.53, 1007.263, 1007.264, 1007.265, 1007.33 FS. History‒New 9-21-21, Amended 8-5-26.

Fla. Admin. Code R. 6A-10.0241 Articulation Plans for College-Level Instruction for High School Students

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.053(2)(a), (b), 229.555, 229.814(5), 240.115 FS. History–New 5-29-83, Formerly 6A-10.241, Amended 8-4-86, Repealed 5-17-88.

Fla. Admin. Code R. 6A-10.02411 Accounting for Instructional Materials Provided for High School Students Receiving College Level Instruction

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.053(2)(a), (b), 229.555, 229.814(5), 240.115 FS. History–New 12-19-84, Formerly 6A-10.2411, Repealed 5-17-88.

Fla. Admin. Code R. 6A-10.02412 Foreign Language Competence and Equivalence

The provisions herein shall be used by Florida College System institutions to determine equivalency, pursuant to Section 1007.262, F.S., between two (2) credits in one (1) foreign language at the secondary level and the equivalent at the postsecondary level.

(1) The competence to be demonstrated by students upon successful completion of two (2) credits of secondary instruction in one (1) foreign language is:

(a) Modern languages.

1. The ability to understand, with some repetition, simple questions and statements.

2. The ability to read and understand the information presented in a simple paragraph.

3. The ability to pronounce the language well enough to be intelligible to native speakers.

4. The ability to ask and answer questions and maintain a simple conversation in areas of immediate need on very familiar topics.

5. The ability to deal with everyday situations such as greetings, leave-takings, buying food, and asking directions.

6. The ability to write a short paragraph on a familiar topic.

7. The ability to demonstrate limited social competence in the foreign culture by showing comprehension of common rules of etiquette, customs and sensitivities, and a knowledge of contributions to the arts and humanities by the people who speak the target language.

(b) Classical languages.

1. The ability to read and understand materials ranging from low to medium levels of difficulty; that is, adapted text.

2. The ability to give a reasonably accurate account of the contents of the reading material by answering questions, paraphrasing, translating, or summarizing.

3. The ability to demonstrate knowledge of history, culture, and contributions to the arts and humanities of ancient civilizations.

(2) Completion of a postsecondary course at the elementary 2 level in one (1) foreign language or American Sign Language (ASL) shall be considered to produce the competence specified in subsection (1), herein.

(3) Students may demonstrate completion of the competencies specified in subsection (1), herein by other means as determined by the Florida College System institution.

History

• Rulemaking Authority 1001.02(1), 1007.262 FS. Law Implemented 1001.02, 1007.262 FS. History–New 2-23-88, Amended 10-17-89, 11-13-90, 10-4-93, 11-21-05, 6-25-14.

Fla. Admin. Code R. 6A-10.02413 Civic Literacy Competency

(1) Purpose. The purpose of this rule is to set forth requirements for demonstration of civic literacy competency in accordance with Section 1007.25(5), F.S.

(2) Prior to the award of an associate in arts or baccalaureate degree, first-time-in-college students entering a Florida College System institution in the Fall Term 2018 through the 2020-21 academic year must demonstrate competency in civic literacy by completing an approved course or assessment listed in either paragraph (5)(a) or (5)(b) prior to graduation:

(3) Prior to the award of an associate in arts or baccalaureate degree, students initially entering a Florida College System institution in the Fall Term 2021, and thereafter, must demonstrate competency in civic literacy by completing an approved course and assessment listed in paragraphs (5)(a) and (5)(b) prior to graduation.

(4) Prior to the award of a specialized associate in arts transfer degree, associate in science, or associate in applied science degree, students initially entering a Florida College System institution in the Fall Term 2022, and thereafter, must demonstrate competency in civic literacy by completing an approved course and assessment listed in paragraphs (5)(a) and (5)(b) prior to graduation.

(5) Approved civic literacy courses and assessments.

(a) Successful completion of either AMSX010 Civil Discourse and the American Political Order, POSX041 American Government, or AMHX020 Introductory Survey Since 1877. AMHX010 Introductory Survey to 1877 satisfies the course requirement if successfully completed Fall Term 2024, or thereafter. Each of the courses must include the following competencies:

1. Understanding of the basic principles and practices of American democracy and how they are applied in our republican form of government;

2. An understanding of the United States Constitution and its application;

3. Knowledge of the founding documents and how they have shaped the nature and functions of our institutions of self-government; and

4. An understanding of landmark Supreme Court cases, landmark legislation and landmark executive actions and their impact on law and society.

(b) Achieving the standard score on one of the following assessments:

Assessment

Standard Score

AP Government and Politics: United States

3

AP United States History

4

CLEP: American Government

50

CLEP: History of the United States I

50

Florida Civic Literacy Examination

60%

(6) Beginning with the Fall Term 2021, and thereafter, Florida College System institutions must ensure they provide opportunities for students to engage synchronously in political discussions and civil debates with multiple points of view and to master the ability to synthesize information that informs civic decision making.

(7) Beginning with the Fall Term 2021, and thereafter, credit received by examination under subsection 6A-10.024(8), F.A.C., for courses listed in paragraph (5)(a) will count toward meeting the course requirement.

(8) Beginning with the Fall Term 2021, and thereafter, students who earned a passing score on the Florida Civic Literacy Examination while in high school are exempt from the postsecondary civic literacy assessment requirement.

(9) Any transfer student who enters a Florida College System institution and has not met the civic literacy competency requirement must meet the requirement based on the date the student initially transfers to the Florida College System institution. A student who previously completed the civic literacy competency requirement at a Florida College System institution or State University System institution is considered to have met the civic literacy competency requirement.

History

• Rulemaking Authority 1001.02(1), (2), 1007.25(5)(a)-(b) FS. Law Implemented 1007.25 FS. History–New 6-19-18, Amended 11-23-21, 5-3-22, 7-2-24, 12-24-24.

Fla. Admin. Code R. 6A-10.0242 Procedures for Determining the Level at Which Courses Shall Be Classified

Baccalaureate upper-lower divisions. The following procedure shall be followed to distinguish lower division (freshman or sophomore) courses from upper division (junior or senior) courses. University and Florida College System institution curriculum committees shall deliberate course proposals. Institutional procedures for study, review, and decision making shall be followed. The procedures shall include deciding the level at which the courses shall be classified.

(1) Criteria to identify baccalaureate lower division shall include:

(a) General education courses required to earn an associate of arts degree and for which there is consensus that the courses should be offered within the first two (2) years of baccalaureate programs.

(b) Introductory courses open to all students.

(c) First course in a sequence and in which nonmajors may enroll.

(d) General survey courses open to all students.

(e) Courses designated to meet requirements of Rule 6A-10.030, F.A.C.

(f) Courses designated to teach the skills identified in Rule 6A-10.0316, F.A.C.

(g) Physical education activity courses.

(h) Courses offered in the first two (2) years of a required four-year sequence program major and the first year of a required three-year sequence program major.

(2) While not exhaustive, the criteria establish intent, which further guides decision making. The institution’s recommendation regarding upper and lower division classification shall be indicated in the submission of the course for entry in the statewide course numbering system. Should any institution object to the level designated, it may appeal to the Articulation Coordinating Committee after first attempting resolution with the statewide course numbering system.

History

• Rulemaking Authority 1001.02(1), 1007.24(2) FS. Law Implemented 1000.03, 1001.02, 1004.65, 1007.22, 1007.24 FS. History–New 7-13-83, Formerly 6A-10.242, Amended 1-4-94, 11-21-05.

Fla. Admin. Code R. 6A-10.02422 Procedures for Determining the Level at Which Vocational Education Programs Shall Be Offered

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 239.205(1), (2) FS. History–New 3-22-94, Repealed 11-21-05.

Fla. Admin. Code R. 6A-10.0243 Measurement and Reporting on Educational Excellence

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.555(1), 230.23(3) FS. History–New 8-21-83, Formerly 6A-10.243, Repealed 11-2-93.

Fla. Admin. Code R. 6A-10.0244 Statewide Award of Uniform Postsecondary Credit for Specified Training and Experience

(1) Purpose: It is the intent of the Board of Governors in regulation and the State Board of Education in rule to facilitate articulation and seamless integration of the education system by agreeing to the provisions of section 1007.23, F.S. To fulfill this statute and Rule 6A-10.024, F.A.C., the following is established. For the benefit of students who received prior training or experience in service to the community, state, or nation as a law enforcement officer, or through military service, the award of uniform postsecondary credit is established herein.

(2) Credit for Military Experience.

(a) The Credit or Clock Hour for Military Experience Equivalency List (“Military Equivalency List”) contains a list of military courses, training, and occupations which have been evaluated to determine equivalency and alignment with courses taught in Florida’s public state universities, Florida College System institutions, and school district career centers. The Military Equivalency List, Effective August 2026, is herein incorporated by reference (http://flrules.org/Gateway/reference.asp?No=Ref-19655). The list may be requested from the Office of K-20 Articulation, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(b) Where the student’s military course(s) or occupation(s) is found on the Military Equivalency List and the student’s record demonstrates that the student earned the required passing score in a military course, or held the rank associated with the occupation, a public postsecondary institution or district career center must award a student the minimum number of credit hours or equivalent clock hours listed in the fourth or fifth columns, respectively, as found on the Military Equivalency List. toward the applicable program of study.

(c) Where the student’s military course(s) or occupation(s) is not found on the Military Equivalency List, a public postsecondary institution or district career center must evaluate the student’s experience using its policies and procedures for awarding military credit or clock hours. Such policies must include evaluation of military coursework to determine equivalency and alignment with postsecondary learning outcomes and course descriptions.

(d) To determine the postsecondary courses for which to award credit for military course(s) or occupation(s), institutions must consider each student’s program of study and the institution’s course offerings within each discipline area. Columns six (6) and seven (7) of the Military Equivalency List contain recommended credits by discipline and aligned courses to guide course selection. Column eight (8) contains recommended clock hour courses by discipline. When credits or clock hours are awarded for military experience under paragraph (2)(b) or (c) of this rule, credit must be awarded in the following rank order:

1. First, general education courses;

2. Second, program-specific courses; and

3. Third, elective courses.

(e) Course numbers on the Military Equivalency List correspond to postsecondary courses on the Statewide Course Numbering System, described in Section 1007.24, F.S., or in the Career Education Curriculum Frameworks, described in Rule 6A-6.0571, F.A.C.

(3) Credit for Law Enforcement Experience.

(a) The Credit or Clock Hour for Law Enforcement Experience Equivalency List (“Law Enforcement Equivalency List”) contains a list of law enforcement courses and trainings which have been evaluated to determine equivalency and alignment with courses taught in Florida’s public state universities, Florida College System institutions, and school district career centers. The Law Enforcement Equivalency List, Effective August 2024, is herein incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-16842). The list may be requested from the Office of K-20 Articulation, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(b) Where the student’s law enforcement course(s) or occupation(s) is found on the Law Enforcement Equivalency List and the student’s record demonstrates that the student successfully completed the law enforcement course or training, a public postsecondary institution or district career center must award a student the minimum number of credit hours or equivalent clock hours listed in the Law Enforcement Equivalency List in columns five and six, as appropriate, toward the applicable program of study.

(c) Where the student’s law enforcement course(s) or training(s) is not found on the Law Enforcement Equivalency List, a public postsecondary institution or district career center must evaluate the student’s experience using its policies and procedures for awarding law enforcement credit or clock hours. Such policies must include evaluation of law enforcement coursework to determine equivalency and alignment with postsecondary learning outcomes and course descriptions.

(d) To determine the postsecondary courses for which to award credit for law enforcement course(s) or training(s), institutions must consider each student’s program of study and the institution’s course offerings within each discipline area. Columns five (5) through seven (7) of the Law Enforcement Equivalency List contain recommended credits and aligned courses to guide course selection. When credits or clock hours are awarded for law enforcement experience under paragraph (3)(b) or (3)(c) of this rule, credit must be awarded in the following rank order:

1. First, general education courses;

2. Second, program-specific courses; and

3. Third, elective courses.

(e) Course numbers on the Law Enforcement Equivalency List correspond to postsecondary courses on the Statewide Course Numbering System, described in Section 1007.24, F.S., or in the Career Education Curriculum Frameworks, described in Rule 6A-6.0571, F.A.C.

(4) Credit for Military Medical Specialist or Technician Experience. To ensure the award of uniform postsecondary credit or clock hours to an Army Combat Medic Specialist, Navy or Fleet Marine Force Hospital Corpsman, Air Force or Space Force Aerospace Medical Service Technician, or Coast Guard Health Services Technician in an accredited program, the following list must be used.

(a) The Credit or Clock Hour for Military Medical Specialist or Technician Equivalency List (“Military Medical Specialist Equivalency List”) contains a list of military courses, training, and occupations which have been evaluated to determine equivalency and alignment with courses taught in Florida’s public state universities, Florida College System institutions, and school district career centers. The Military Medical Specialist Equivalency List, Effective October 2025, is herein incorporated by reference (http://flrules.org/Gateway/reference.asp?No=Ref-18609). The list may be requested from the Office of K-20 Articulation, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(b) Where the student’s military course(s) or occupation(s) is found on the Military Medical Specialist Equivalency List and the student’s record demonstrates that the student earned the required passing score in a military course, or held the rank associated with the occupation, a public postsecondary institution or district career center must award a student the minimum number of credit hours or equivalent clock hours listed in the fourth or fifth columns, respectively, as found on the Military Medical Specialist Equivalency List, toward the applicable program of study.

(c) Where the student’s military course(s) or occupation(s) is not found on the Military Medical Specialist Equivalency List, a public postsecondary institution or district career center must evaluate the student’s experience using its policies and procedures for awarding postsecondary credit or clock hours. Such policies must include evaluation of military coursework to determine equivalency and alignment with postsecondary learning outcomes and course descriptions.

(d) To determine the postsecondary courses for which to award credit for military course(s) or occupation(s), institutions must consider each student’s program of study and the institution’s course offerings. Columns six (6) and seven (7) of the Military Medical Specialist Equivalency List contain recommended credits and aligned courses to guide course selection. Column eight contains recommended aligned clock hour courses to guide course selection. When credits or clock hours are awarded for military experience under paragraph (4)(b) or (c) of this rule, credit must be awarded in the following rank order:

1. First, general education courses;

2. Second, program-specific courses; and

3. Third, elective courses.

(e) Course numbers on the Military Medical Specialist Equivalency List correspond to postsecondary courses on the Statewide Course Numbering System, described in Section 1007.24, F.S., or in the Career Education Curriculum Frameworks, described in Rule 6A-6.0571, F.A.C.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1004.096(1), 1004.0981(2) FS. Law Implemented 1004.096, 1004.0981, 1007.23(1) FS. History-New 8-27-24, Amended 10-28-25, 8-25-26.

Fla. Admin. Code R. 6A-10.0245 Award of Postsecondary Credit or Career Education Clock Hours for Completion of the Workforce Internship Component of the Step into Success Pilot Program

(1) Purpose. The purpose of this rule is to establish procedures for the award of postsecondary credit or career education clock hours for internship positions held by former foster youth who participated in the onsite workforce training internship component of the Step into Success Pilot Program pursuant to s. 409.1455, F.S. Florida College System institutions that currently have an established procedure for the assessment and award of postsecondary credit or career education clock hours for internships may adhere to their institutional policy in lieu of this procedure, provided that the institution’s process results in, at a minimum, the same award of postsecondary college credit or career education clock hours to the student.

(2) Award of postsecondary credit. For purposes of this rule, the award of postsecondary college credit or career education clock hours for completion of the workforce internship component of the Step into Success Pilot Program shall herein be referred to as Credit for the Workforce Internship Component (CWIC). Institutions assessing petitions for the award of CWIC that are not using their own process must adhere to the following:

(a) Each institution is responsible for identifying appropriate subject matter experts to assess and rate petitions for the award of CWIC and to recommend approval or disapproval based on the knowledge, skills, and expertise acquired in the internship training component aligned to the course learning outcomes of the course(s) being petitioned.

(b) For the award of postsecondary college credit, the institution being petitioned must offer courses in the Statewide Course Numbering System that align with the student’s program of study and internship training. For the award of postsecondary clock hour credit, the internship training must align with a program in the Statewide Career and Technical Education Curriculum Frameworks.

(c) Each institution shall not require a fee for the assessment of CWIC.

(d) When CWIC credit is awarded, the credit must be awarded in the following rank order:

1. First, general education courses;

2. Second, program-specific courses; and

3. Third, elective courses.

(3) Student eligibility. To be eligible for consideration of CWIC, students must meet the requirements below:

(a) Complete the onsite workforce training internship component of the Step into Success Pilot Program.

(b) Be a degree or certificate seeking student of the institution from which CWIC is being petitioned.

(c) Meet all college and program admission requirements for the student’s program of study in accordance with the institution from which CWIC is being petitioned.

(4) Required documentation. FCS institutions that are assessing a student’s internship for the award of CWIC pursuant to the process established herein must determine if an award is warranted based on the incorporated forms described in this subsection. Each institution may establish submission deadlines for Form No. CWIC-02 and Form No. CWIC-03. Within thirty (30) days of Form No. CWIC-02 and Form No. CWIC-03 being received by the institution, Form No. CWIC-04 must be completed by the subject matter expert, provided that there are more than thirty (30) days remaining in the semester during which CWIC was petitioned.

(a) The CWIC Petition form, Form No. CWIC-01, establishes the process at the institution to initiate the petition for CWIC and to track the progress and outcome of the request.

(b) The CWIC Mentor Training Record, Form No. CWIC-02, establishes the process for the intern’s assigned mentor, as described in s. 409.1455(7)(b), F.S., to document the training received in the workforce internship component.

(c) The CWIC Equivalency and Course Alignment form, Form No. CWIC-03, establishes the process for interns to provide evidence of the knowledge and skills acquired through participation in the workforce internship component and to demonstrate the alignment with the course learning outcomes of the course(s) being petitioned.

(d) The CWIC Internship Assessment Rubric, Form No. CWIC-04, establishes the process for subject matter experts to assess and rate the equivalency and alignment of the workforce internship component with the appropriate postsecondary course(s) and course description(s). An award is warranted if the student demonstrates mastery of the course learning outcomes, which is indicated by a minimum score of 14 for each course learning outcome (minimum score of 7 for each Item Score) and a minimum score of 70% for the total allowable points for the course learning outcomes as described in Form CWIC-04, CWIC Internship Assessment Rubric.

(e) Institutions may request from the participating organizations additional clarifying information to determine the award of CWIC.

(5) Reporting. Each institution that admits students who have completed the workforce internship component of the Step into Success Pilot Program and that have petitioned the award of CWIC must report by October 1 of each year in a format prescribed by the department the number of students who were enrolled during the prior academic year, the course credit by course prefix and number that was awarded to each student, the student’s program of study and whether the student completed a degree program or earned a certificate.

(6) Incorporated documents. The following forms are hereby incorporated by reference and made part of this rule. Copies may be obtained from Division of Florida Colleges, 325 West Gaines Street, Suite 1244, Tallahassee, Florida, 32399.

(a) Form No. CWIC-01, CWIC Petition, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17269), effective December 2024.

(b) Form No. CWIC-02, CWIC Mentor Training Record, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17270), effective December 2024.

(c) Form No. CWIC-03, CWIC Equivalency and Course Alignment, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17271), effective December 2024.

(d) Form No. CWIC-04, CWIC Internship Assessment Rubric, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17272), effective December 2024.

History

• Rulemaking Authority 1001.02(1), (2)(n), 409.1455(9) FS. Law Implemented 409.1455 FS. History–New 12-24-24.

Fla. Admin. Code R. 6A-10.025 Approval of Contract Change Orders

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 235.211(1) FS. History–New 11-11-75, Formerly 6A-10.25, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.026 Private Vocational School Surety Bond or Insurance

History

• Rulemaking Authority 229.821(2) FS. Law Implemented 229.821 FS. History–New 1-29-76, Formerly 6A-10.26, Repealed 11-15-94.

Fla. Admin. Code R. 6A-10.027 Community Instructional Services

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 228.074, 228.075, 228.076 FS. History–New 1-10-77, Amended 9-5-78, 9-6-78, 12-3-85, Formerly 6A-10.27, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.028 Auxiliary Aid Assistance for Handicapped Students

History

• Rulemaking Authority 229.053(1) FS. Law Implemented Item 271D, Chapter 79-212, Laws of Florida. History–New 11-14-79, Formerly 6A-10.28, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.029 Building Construction Industry Research and Continuing Education Projects

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.512(2), (11), 489.109(3) FS. History–New 9-16-80, Formerly 6A-10.29, Repealed 2-21-06.

Fla. Admin. Code R. 6A-10.030 Uniform College-Level Communication and Computation Skills

(1) In addition to assessments that may be adopted by the State Board of Education or Board of Governors to measure student achievement in college-level communication and computation skills, other uniform requirements in accordance with section (s.) 1001.02, F.S., shall be met by successful completion of coursework in English and mathematics. For the purposes of this rule, a grade of C or higher shall be considered successful completion.

(2) Prior to receipt of an Associate of Arts degree from a public Florida College System institution or prior to entry into the upper division of a public university or college, a student shall complete successfully the following:

(a) Six (6) semester hours of English coursework and six (6) semester hours of additional coursework in which the student is required to demonstrate college-level writing skills through multiple assignments. Each institution shall designate the courses that fulfill the writing requirements of this section. These course designations shall be submitted to the Statewide Course Numbering System. An institution to which a student transfers shall accept courses so designated by the sending institution as meeting the writing requirements outlined in this section.

(b) Six (6) semester hours of mathematics coursework at the level of college algebra or higher, which can include applied logic, statistics and other such computation coursework. For the purposes of this rule, mathematics courses included in the Mathematical Thinking in Context pathway established pursuant to s. 1007.23(3), F.S., and identified in the Mathematics Pathways List as incorporated in subsection 6A-10.024(16), Florida Administrative Code (F.A.C.), may be used to fulfill the six (6) hours required by this section.

(c) Students awarded college credit in English based on their demonstration of writing skills through dual enrollment, advanced placement, or international baccalaureate instruction pursuant to Rule 6A-10.024, F.A.C., and students awarded college credit based on their demonstration of mathematics skills at the level of college algebra or higher through one (1) or more of the acceleration mechanisms in Rule 6A-10.024, F.A.C., shall be considered to have satisfied the requirements in subsection 6A-10.030(2), F.A.C., to the extent of the college credit awarded.

(3) A course taken to satisfy the requirements of paragraphs (2)(a) and (2)(b) of this rule must meet the requirements for general education core courses described in s. 1007.25(3)(c), F.S.

(4) Exemptions and Waivers. Any public Florida College System institution or university desiring to exempt its students from the requirements of subsection 6A-10.030(2), F.A.C., shall submit an alternative plan to the Department of Education. Upon approval of the plan by the Department, the plan shall be submitted to the State Board of Education or the Board of Governors as appropriate. Upon approval by the State Board of Education or the Board of Governors, said plan shall be deemed effective in lieu of the requirements of subsection 6A-10.030(2), F.A.C.

History

• Rulemaking Authority 1001.02(1), (2)(d), (2)(n), (6)(c) FS. Law Implemented 1001.02 FS., Section 15, Chapter 87-212, Laws of Florida. History–New 1-11-82, Formerly 6A-10.30, Amended 6-8-88, 12-18-05, 2-21-23, 6-17-26.

Fla. Admin. Code R. 6A-10.031 College-Level Communication and Computation Skills

History

• Rulemaking Authority 229.053(1), (2)(d) FS. Law Implemented 229.053(2)(d), 229.551(3)(h) FS. History–New 9-3-81, Amended 5-25-82, Formerly 6A-10.31, Amended 4-10-86, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.0310 College-Level Communication and Computation Skills

History

• Rulemaking Authority 229.053(1), (2)(d) FS. Law Implemented 229.053(2)(d), 229.551(3)(h) FS. History–New 4-10-86, Amended 3-15-90, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.0311 Assessment of Student Attainment of College-Level Communication and Computation Skills

History

• Rulemaking Authority 1001.02(6), 1007.25(12)(a) FS. Law Implemented 1001.02, 1007.25, 1012.56 FS. History–New 9-3-81, Amended 5-25-82, 10-7-82, 12-7-82, 12-20-83, 3-28-84, Formerly 6A-10.311, Amended 4-13-88, 4-1-91, 8-19-91, 10-18-94, 11-25-97, 3-28-00, 12-15-09, Repealed 11-13-12.

Fla. Admin. Code R. 6A-10.0312 Minimum Standards of College-Level Communication and Computation Skills

History

• Rulemaking Authority 1001.02(2)(d), 1008.29(4) FS. Law Implemented 1001.02, 1008.29, 1008.345 FS. History–New 9-3-81, Amended 9-29-82, 3-28-84, Formerly 6A-10.312, Amended 4-13-88, 10-17-89, 5-2-90, 8-19-91, 10-18-94, Repealed 5-2-10.

Fla. Admin. Code R. 6A-10.0314 Applications of College-Level Communication and Computation Skills in State Universities and Community Colleges

History

• Rulemaking Authority 1001.02(6) FS. Law Implemented 1001.02, 1008.29, 1004.68 FS. History–New 9-3-81, Amended 10-7-82, 11-10-83, 3-28-84, Formerly 6A-10.314, Amended 4-13-88, 10-18-94, Repealed 5-2-10.

Fla. Admin. Code R. 6A-10.0315 Demonstration of Readiness for College-Level Communication and Computation

(1) Definitions. For the purposes of this rule and forms incorporated herein, the following definitions shall be used.

(a) “Department” means the Florida Department of Education.

(b) “Developmental education” means instruction that prepares students for college level reading, writing, and mathematics coursework.

(c) “Division” means the Division of Florida Colleges.

(d) “Institution” means a Florida College System institution or a school district career center approved as a site-determined associate in applied science and associate in science degree granting institution in accordance with Section 1007.331, F.S.

(2) Purpose. The purpose of this rule is to establish methods for assessing communication and computation skills and the minimum standards a student must achieve to demonstrate readiness to perform college-level work pursuant to Section 1008.30, F.S. A student admitted to an institution who is assessed for readiness for college-level computation and communication under paragraph (2)(a) or (2)(b) and whose assessment results indicate a need for developmental education must be advised of all the developmental education options offered at the institution and, after advisement, shall be allowed to enroll in the developmental education option of his or her choice.

(a) Exempt students. Further in accordance with Section 1008.30, F.S., a student who entered 9th grade in a Florida public school in the 2003-2004 school year, or any year thereafter, and earned a Florida standard high school diploma or a student who is serving as an active duty member of any branch of the United States Armed Services shall not be required to be assessed for readiness for college-level work in communication and computation and shall be considered exempt. Exempt students shall not be required to enroll in developmental education instruction. However, an exempt student may opt to be assessed and to enroll in developmental education, and the instruction shall provide such assessment and courses upon the student’s request.

(b) Non-exempt students. Non-exempt students who have not earned credit for college-level coursework for reading, writing, and mathematics shall be assessed for readiness for college-level work prior to the completion of initial registration. Non-exempt students whose assessment results indicate a need for developmental education shall enroll in developmental education in the area of the deficiency.

(3) Common placement tests. Exempt and non-exempt students meeting or exceeding standard scores on any of the following tests, using the highest score in the case of multiple scores, may be enrolled in college-level courses. Institutions shall accept scores on the public high school transcript as an official record of scores in addition to official score reports from the issuing entity listed in this subsection. A student who demonstrates readiness by achieving or exceeding standard test scores established herein and enrolls in an institution within two (2) years after achieving such scores shall not be required to retest or complete developmental education.

Florida Postsecondary Education Readiness Test (PERT)

Standard Score

Reading

106

Writing

103

Mathematics

114

Next-Generation ACCUPLACER, The College Board (Interim Scores) Through July 2022

Quantitative Reasoning, Algebra, and Statistics (QAS)

242

Reading

245

Writing

245

Next-Generation ACCUPLACER, The College Board Since August 2022

Quantitative Reasoning, Algebra, and Statistics (QAS)

261

Reading

256

Writing

253

SAT, The College Board

Reading Test

24

Writing and Language Test

25

Math Test

24

Digital SAT, The College Board Since June 2023

Evidence-Based Reading and Writing Section

490

Math Section

480

ACT with Writing or ACT, Inc.

Reading

19

English

17

Mathematics

19

Classic Learning Test, Classic Learning Initiatives, LLC Since August 2023

Sum of the Verbal Reasoning and Grammar/Writing Sections

38

Quantitative Reasoning Section

16

(4) Alternative methods to common placement tests. Pursuant to Section 1008.30, F.S., institutions may use alternative methods in lieu of the common placement tests under subsection (3) to assess student readiness for college-level work in communication and computation. Institutions shall recognize scores and grades on alternative methods specified in paragraphs (4)(a) through (4)(c) as valid for placement purposes for a minimum of two years.

(a) Tests and assessments. A score that meets or exceeds the standard score on any one of the assessments shall be accepted as demonstration of readiness for college-level work. Institutions shall accept scores on the public high school transcript in addition to official score reports from the issuing entity listed in this subsection as an official record.

PSAT/NMSQT and PSAT 10, The College Board

Standard Score

Reading Test

24

Writing and Language Test

25

Mathematics Test

24

Digital PSAT/NMSQT and PSAT 10, The College Board Since June 2023

Evidence-Based Reading and Writing Section

490

Mathematics Section

480

PreACT®

Reading

22

English

18

Mathematics

22

General Educational Development (GED®) Test

Reasoning Through Language Arts

165

Mathematical Reasoning

165

Test Assessing Secondary Completion (TASC™)

Language Arts Reading

580

Language Arts Writing

560 and 6 on Essay

Mathematics

560

High School Equivalency Test (HiSET®)

Language Arts Reading

15

Language Arts Writing

15

Mathematics

15

End-of-Course Assessments

Algebra 1 End-of-Course Assessment

4

Geometry End-of-Course Assessment

4

ALEKS® PPL

Mathematics

30

Classic Learning Test 10 (CLT10), Classic Learning Initiatives, LLC Since July 2025

Sum of the Verbal Reasoning and Grammar/Writing Sections

37

Quantitative Reasoning Section

16

(b) Performance in high school coursework. Any student who has an unweighted high school GPA of 3.0 and achieves a grade of “B” or better in any of the courses listed below shall have demonstrated readiness for college-level work. Institutions shall accept courses and grades on the public high school transcript as an official record.

1. Courses Taught at a Florida Public High School

Mathematics:

Algebra 1/Algebra 1 Honors

Algebra 2/Algebra 2 Honors

Pre-Calculus Honors

Calculus Honors

Geometry/Geometry Honors

Probability and Statistics Honors

Math for College Algebra

Math for College Statistics

Math for College Liberal Arts

English Language and Literature:

English 4/English 4 Honors

2. Accelerated High School Courses

Mathematics:

Advanced International Certificate of Education (AICE) high school mathematics courses

Advanced Placement (AP) high school mathematics courses

International Baccalaureate (IB) high school mathematics courses

English Language and English Literature:

Advanced International Certificate of Education (AICE) high school English courses

Advanced Placement (AP) high school English courses

International Baccalaureate (IB) high school English courses

(c) Credit-by-examination. Students achieving passing scores and receiving credit for college-level communication or computation pursuant to the credit-by-examination equivalency list in Rule 6A-10.024, F.A.C., shall have previously demonstrated readiness for college-level coursework.

(d) Local placement methods for developmental education (Florida College System institutions only). To use a local placement method, a Florida College System institution must first receive approval of that method by the Department. Approval is based on a satisfactory demonstration that the method is a valid and reliable indication of a student’s readiness for college-level coursework in the subject area addressed in the method. The process for receiving approval is as follows.

1. A Florida College System institution seeking consideration of approval must complete and submit the Application to Use Local Method to Determine College Readiness for Developmental Education, Form No. ALTPLACE-01 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14065) which is hereby incorporated by reference in this rule effective March 2022. A copy of the form may be found at https://www.fldoe.org/schools/higher-ed/fl-college-system/academic-student-affairs/ or by writing to the Division at 325 West Gaines Street, Suite 1244, Tallahassee, Florida 32399.

2. Florida College System institutions must complete Form No. ALTPLACE-01 for each local placement method requested. Evidence must include information on the method’s availability and accessibility and supporting documentation containing quantitative and/or qualitative data to demonstrate the validity and reliability of the local placement method. The documentation must be recent, which is defined as within the last three to five years, and must demonstrate why the method and the minimum standard identified by the college for the method represent an accurate measure of college readiness comparable to other alternative assessments and standards identified in this rule.

3. Florida College System institutions must submit Form No. ALTPLACE-01 the term preceding the term in which the local placement method becomes effective: spring for a summer effective date, summer for a fall effective date, and fall for a spring effective date. The Division will publish the specific deadlines at https://www.fldoe.org/schools/higher-ed/fl-college-system/academic-student-affairs/. Form No. ALTPLACE-01 and supporting documentation must be submitted via email to FCSInfo@fldoe.org.

4. The Division will provide the institution with a written decision upon review of a complete submission.

a. “Full approval” indicates the application and supporting documentation were sufficient in demonstrating the local placement method is a valid and reliable placement tool; the Florida College System institution is fully approved to use the local placement method for developmental education placement.

b. “Provisional approval” indicates the application and supporting documentation demonstrated the local placement method may be a valid and reliable placement tool, but up-front information is limited. The provisionally approved Florida College System institution has approval to use the local placement method for a period of three terms, during which time the institution will be required to collect data on the efficacy of the method. At the conclusion of the provisional period, the Florida College System institution will be required to resubmit their application and supporting documentation to the Division for consideration.

c. “Denial” indicates the application and supporting documentation did not demonstrate the local placement method may be a valid and reliable placement tool. If the application is denied, the Florida College System institution will receive written notification identifying the specific areas of deficiency and may resubmit its application at a later date once any outstanding issues are resolved.

5. Florida College System institutions receiving approval must participate in an annual data collection process to monitor usage of local methods and student performance in coursework.

(5) Student records and test scores are confidential education records under Section 1002.221, F.S. Institutions are required to comply with Section 1002.221, F.S., in maintaining confidentiality of these records.

(6) Institutions may establish local policies and procedures governing the use of assessments and alternative methods for placement.

History

• Rulemaking Authority 1001.02(6), 1008.30(1), (2) FS. Law Implemented 1001.02, 1007.263, 1007.271, 1008.02, 1008.30 FS. History–New 7-15-84, Amended 6-6-85, Formerly 6A-10.315, Amended 5-17-88, 7-25-91, 10-18-94, 8-28-95, 6-25-96, 3-28-00, 2-12-12, 8-21-12, 6-27-13, 10-22-13, 11-29-16, 9-24-19, 3-15-22, 8-16-22, 6-27-23, 8-22-23, 7-8-25.

Fla. Admin. Code R. 6A-10.0316 College-Level Communication and Computation Skills Effective August 1, 1992

The communication and computation skills identified herein, pursuant to Section 1001.02(2)(d), F.S., are associated with successful performance of students in college programs through the baccalaureate level.

(1) The following skills, by designated category, are defined as college-level communication skills.

(a) Reading with literal comprehension includes all of the following skills:

1. Recognizing main ideas in a given passage.

2. Identifying supporting details.

3. Determining meaning of words on the basis of context.

(b) Reading with critical comprehension includes all of the following skills:

1. Recognizing the author’s purpose.

2. Identifying the author’s overall organizational pattern.

3. Distinguishing between statement of fact and statement of opinion.

4. Detecting bias.

5. Recognizing author’s tone.

6. Recognizing explicit and implicit relationships within sentences.

7. Recognizing explicit and implicit relationships between sentences.

8. Recognizing valid arguments.

9. Drawing logical inferences and conclusions.

(c) Listening with literal comprehension includes all of the following skills:

1. Recognizing main ideas.

2. Identifying supporting details.

3. Recognizing explicit relationships among ideas.

4. Recalling basic ideas, details, or arguments.

(d) Listening with critical comprehension includes all of the following skills:

1. Perceiving the speaker’s purpose.

2. Perceiving the speaker’s organization of ideas and information.

3. Discriminating between statements of fact and statements of opinion.

4. Distinguishing between emotional and logical arguments.

5. Detecting bias.

6. Recognizing the speaker’s attitude.

7. Synthesizing by drawing logical inferences and conclusions.

8. Evaluating objectively.

(e) Composing units of discourse providing ideas and information suitable for purpose and audience includes all of the following skills:

1. Selecting a subject which lends itself to development.

2. Determining the purpose and the audience for writing.

3. Limiting the subject to a topic which can be developed within the requirements of time, purpose, and audience.

4. Formulating a thesis or statement of main idea which focuses the essay.

5. Developing the thesis or main idea statement by all of the following:

a. Providing adequate support which reflects the ability to distinguish between generalized and specific evidence.

b. Arranging the ideas and supporting details in a logical pattern appropriate to the purpose and the focus.

c. Writing unified prose in which all supporting material is relevant to the thesis or main idea statement.

d. Writing coherent prose and providing effective transitional devices which clearly reflect the organizational pattern and the relationships of the parts.

(f) Transmitting ideas and information in effective written language which conforms to the conventions of standard American English includes all of the following skills.

1. Demonstrating effective word choice by all of the following:

a. Using words which convey the denotative and connotative meanings required by context.

b. Avoiding inappropriate use of slang, jargon, cliches, and pretentious expressions.

c. Avoiding wordiness.

2. Employing conventional sentence structure by all of the following:

a. Placing modifiers correctly.

b. Coordinating and subordinating sentence elements according to their relative importance.

c. Using parallel expressions for parallel ideas.

d. Avoiding fragments, comma splices, and fused sentences.

3. Employing effective sentence structure by all of the following:

a. Using a variety of sentence patterns.

b. Avoiding overuse of passive construction.

4. Observing the conventions of standard American English grammar and usage by all of the following:

a. Using standard verb forms.

b. Maintaining agreement between subject and verb, pronoun and antecedent.

c. Using proper case forms.

d. Maintaining a consistent point of view.

e. Using adjectives and adverbs correctly.

f. Avoiding inappropriate shifts in verb tenses.

g. Making logical comparisons.

5. Using standard practice for spelling, punctuation, and capitalization.

6. Revising, editing, and proofreading units of written discourse to assure clarity, consistency, and conformity to the conventions of standard American English.

(g) Speaking involves composing the message, providing ideas and information suitable to topic, purpose, and audience which includes all of the following skills:

1. Determining the purpose of the oral discourse.

2. Choosing a topic and restricting it according to purpose and audience.

3. Fulfilling the purpose by the following:

a. Formulating a thesis or main idea statement.

b. Providing adequate support material.

c. Organizing suitably.

d. Using appropriate words.

e. Using effective transitions.

(h) Speaking involves transmitting the message, using oral delivery skills suitable to the audience and the occasion by all of the following skills:

1. Employing vocal variety in rate, pitch, and intensity.

2. Articulating clearly.

3. Employing the level of American English appropriate to the designated audience.

4. Demonstrating nonverbal behavior which supports the verbal message with eye contact and appropriate posture, gestures, facial expressions, and body movements.

(2) The following skills, by designated category, are defined as college-level computation skills.

(a) Demonstrating mastery of all of the following arithmetic algorithms:

1. Adding, subtracting, multiplying, and dividing rational numbers.

2. Adding, subtracting, multiplying, and dividing rational numbers in decimal form.

3. Calculating percent increase and percent decrease.

4. Solving the sentence a percent of b is c, where values for two of the variables are given.

(b) Demonstrating mastery of all of the following geometric and measurement algorithms:

1. Rounding measurements to the nearest given unit of the measuring device used.

2. Calculating distances, areas, and volumes.

(c) Demonstrating mastery of all of the following algebraic algorithms:

1. Adding, subtracting, multiplying, and dividing real numbers.

2. Applying the order-of-operations agreement to computations involving numbers and variables.

3. Using scientific notation in calculations involving very large or very small measurements.

4. Solving linear equations.

5. Solving linear inequalities.

6. Using given formulas to compute results, when geometric measurements are not involved.

7. Finding particular values of a function.

8. Factoring a quadratic expression.

9. Finding the roots of a quadratic equation.

10. Solving a system of two (2) linear equations in two (2) unknowns.

(d) Demonstrating mastery of all of the following statistical algorithms, including some from probability:

1. Identifying information contained in bar, line, and circle graphs.

2. Determining the mean, median, and mode of a set of numbers.

3. Using the fundamental counting principle.

(e) Demonstrating mastery of logical-reasoning algorithms by deducing facts of set inclusion or set non-inclusion from a diagram.

(f) Demonstrating understanding of arithmetic concepts by all of the following skills:

1. Recognizing the meaning of exponents.

2. Recognizing the role of the base number in determining place value in the base-ten numeration system.

3. Identifying equivalent forms of positive rational numbers involving decimals, percents, and fractions.

4. Determining the order relation between real numbers.

5. Identifying a reasonable estimate of a sum, average, or product of numbers.

(g) Demonstrating understanding of geometric and measurement concepts by all of the following skills:

1. Identifying relationships between angle measures.

2. Classifying simple plane figures by recognizing their properties.

3. Recognizing similar triangles and their properties.

4. Identifying appropriate units of measurement for geometric objects.

(h) Demonstrating understanding of algebraic concepts by all of the following skills:

1. Using properties of operations correctly.

2. Determining whether a particular number is among the solutions of a given equation or equality.

3. Recognizing statements and conditions of proportionality and variation.

4. Identifying regions of the coordinate plane which correspond to specified conditions and vice versa.

(i) Demonstrating understanding of statistical concepts including probability by all of the following skills:

1. Recognizing properties and interrelationships among the mean, median, and mode in a variety of distributions.

2. Choosing the most appropriate procedure for selecting an unbiased sample from a target population.

3. Identifying the probability of a specified outcome in an experiment.

(j) Demonstrating understanding of logical-reasoning concepts by all of the following skills:

1. Identifying statements equivalent to the negations of simple and compound statements.

2. Determining equivalence or non-equivalence of statements.

3. Drawing logical conclusions from data.

4. Recognizing that an argument may not be valid even though its conclusion is true.

(k) Inferring relations between numbers in general by examining particular number pairs.

(l) Generalizing and selecting applicable generalizations in geometry and measurement by both of the following skills:

1. Inferring formulas for measuring geometric figures.

2. Selecting applicable formulas for computing measures of geometric figures.

(m) Generalizing and selecting applicable generalizations in algebra by using applicable properties to select equivalent equations and inequalities.

(n) Generalization and selecting applicable generalizations in statistics, including probability, by inferring relations and making accurate predictions from studying statistical data.

(o) Generalizing and selecting applicable generalizations in logical reasoning by both of the following skills:

1. Recognizing valid reasoning patterns as illustrated by valid arguments in everyday language.

2. Selecting applicable rules for transforming statements without affecting their meaning.

(p) Demonstrating proficiency for solving problems in the area of arithmetic by the following skills:

1. Solving real-world problems which do not require the use of variables and which do not involve percent.

2. Solving real-world problems which do not require the use of variables and which do require the use of percent.

3. Solving problems that involve the structure and logic of arithmetic.

(q) Demonstrating proficiency for solving problems in the area of geometry and measurement by both of the following skills:

1. Solving real-world problems involving perimeters, areas, or volumes of geometric figures.

2. Solving real-world problems involving the Pythagorean property.

(r) Demonstrating proficiency for solving problems in the area of algebra by both of the following skills:

1. Solving real-world problems involving the use of variables, aside from commonly used geometric formulas.

2. Solving problems that involve the structure and logic of algebra.

(s) Demonstrating proficiency for solving problems in the area of statistics, including probability, for both of the following skills:

1. Interpreting real-world data involving frequency and cumulative frequency tables.

2. Solving real-world problems involving probabilities.

(t) Demonstrating awareness of the ways in which logical reasoning is used to solve problems by drawing logical conclusions when facts warrant them.

(3) The Articulation Coordinating Committee shall file with the Commissioner and the State Board, on or before November 30 of each odd-numbered year, its recommendations for changes, if any, in the above definitions of college-level communication and computation skills.

History

• Rulemaking Authority 1001.02(2)(d) FS. Law Implemented 1001.02 FS. History–New 8-1-92.

Fla. Admin. Code R. 6A-10.0317 Participation in the College-Level Communication and Computation Skills Testing Program by Nonpublic Postsecondary Institutions

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), (2)(d), 240.107(7) FS. Law Implemented 229.053, 240.107, 240.233, 240.239, 240.3215, 240.325 FS. History–New 4-1-91, Repealed 5-2-10.

Fla. Admin. Code R. 6A-10.0318 Postsecondary Preparatory Instruction Curriculum and Postsecondary Readiness Competencies

History

• Rulemaking Authority 1008.30(3) FS. Law Implemented 1008.30 FS. History–New 4-30-12, Repealed 6-23-16.

Fla. Admin. Code R. 6A-10.0319 Developmental Education Competencies

History

• Rulemaking Authority 1008.30(4)(a) FS. Law Implemented 1008.30(4)(a) FS. History–New 5-27-12, Repealed 6-23-16.

Fla. Admin. Code R. 6A-10.032 Postsecondary Education Contract Programs and Facilities

(1) Purpose. The authorization for the State Board to contract with independent postsecondary education institutions for the provision of those educational programs and facilities which will meet needs unfulfilled by the state system of postsecondary education is based upon the principles of efficiency, effectiveness, and economy. The State Board may contract for a program or for the use of an existing facility if it can be demonstrated that the state needs for the program or facility may be met at lower cost or more effectively through contracting. In all cases, the program or facility obtained through contract must be of equal quality as similar programs and facilities in the state system of postsecondary education.

(2) Conditions for contract programs.

(a) Financial limitation. The state subsidy for any contract program shall be determined on an individual contract basis. Florida students enrolled in contract programs shall be required to pay no more in tuition and laboratory fees than is charged in comparable programs in state institutions. No cost overruns shall be recognized in the case of contract programs.

(b) Accreditation. Any institution proposing a contract program shall be accredited as provided by Section 229.053(2)(o), F.S.

(c) Enrollment limit. There shall be a maximum enrollment specified in the contract and certified by the contract institution during the term of the contract. If enrollment in a contract program falls below the maximum enrollment specified, the state subsidy shall be reduced proportionally during the contract period based on the actual enrollment in the program. State support shall be limited to those students enrolled in the contract program who have been bona fide Florida residents for the preceding year. Residency status shall be the same as the residency requirement established by the Board of Regents for students enrolled in the State University System. (See Rule 6C-7.005, F.A.C.)

(d) Extension. Contracts shall be subject to annual appropriation of funds by the Florida Legislature. The provisions of Chapter 216, F.S., related to executive reduction of budgets shall apply. The State Board, subject to the appropriation of adequate funds by the Florida Legislature and the recommendation of the Postsecondary Education Planning Commission as specified in paragraph (3)(e), hereof, shall provide each student once admitted into a contract program sufficient time to complete the program in full-time status.

(3) Review process.

(a) Any proposed contract program shall be presented to the Postsecondary Education Planning Commission for review and recommendation to the State Board. In conducting its review the Commission shall consider the following:

1. Unmet needs to be addressed by the contract program;

2. Evidence of adequate resources of the contracting institution;

3. Demand for graduates from the contract program;

4. Any specialized accreditation held by the contract program, if appropriate;

5. The state subsidy for the contract program. In determining the state subsidy for any contract program, the following items shall be considered:

a. The state operating costs for comparable programs;

b. Additional state fixed capital outlay costs or start-up costs necessitated by expansion or creation of state programs;

c. Qualitative differences between programs;

d. Price level adjustments for contract renewals.

6. The capability of state institutions located nearest the potential contractor to furnish all or part of the program;

7. Consistency of the program with the state master plan for postsecondary education; and

8. The Impact Study required by the State Plan for the Equalization of Educational Opportunity.

(b) The Department, other institutions, postsecondary licensing and governing boards and other appropriate external consultants may be involved in assisting the Commission in making a determination as to program quality and need.

(c) Based on the recommendation of the Commission, prior to contracting for a program, the Department shall include the contract program in its legislative budget request as a separate, identifiable item, subject to approval by the State Board.

(d) Each contract program shall be administered by the Department and shall be subject to periodic review by the Department in cooperation with the Postsecondary Education Planning Commission. In addition to the items specified in paragraph (3)(a) above, the review shall consider the ratio of students enrolled under the contract to the number of graduates produced.

(e) The Commission shall provide the State Board with a recommendation on the annual renewal of each contract.

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.053(2)(o), 240.147(3) FS. History–New 4-18-82, Formerly 6A-10.32, Amended 10-18-94, 3-3-97.

Fla. Admin. Code R. 6A-10.033 Postsecondary Instructional Unit Definitions

History

• Rulemaking Authority 1001.02(1), (6)(c), 1001.03(12) FS. Law Implemented 1001.02, 1001.03, 1004.93, 1007.24 FS. History–New 7-13-83, Amended 5-14-85, Formerly 6A-10.33, Amended 11-21-05, 3-25-13, Repealed 6-20-17.

Fla. Admin. Code R. 6A-10.0331 Deletion of Courses from Catalogs and Statewide Course Numbering System

(1) Each university and each Florida College System institution shall adopt, as part of the procedure for the preparation of its institutional catalog, a rule to ensure that courses which have not been taught for five (5) years, or less if desired, are deleted from the catalog. Each institution shall also notify the Office of the Statewide Course Numbering System to delete these courses.

(2) Courses not taught in the preceding five (5) years or less in keeping with institutional requirements, that an institution wishes to continue shall be reviewed in the same manner that the institution reviews courses which are proposed for addition to the catalog and statewide course numbering system. A course may be continued in the catalog if the institution plans to offer it during the next five (5) years.

(3) The president of each university and the president of each Florida College System institution shall annually certify to the board of trustees for that university or college that the institution has complied with Section 1007.24, F.S.

History

• Rulemaking Authority 1007.24(8) FS. Law Implemented 1001.02, 1007.24 FS. History–New 12-31-86, Amended 4-7-87, 8-30-88, 12-18-05.

Fla. Admin. Code R. 6A-10.034 Vocational Education Student Placement Standard

History

• Rulemaking Authority 229.053(1), 233.0682 FS. Law Implemented 229.551(3)(g), 233.0682 FS. History–New 3-4-84, Formerly 6A-10.34, Repealed 1-29-86.

Fla. Admin. Code R. 6A-10.0341 Career Education Student Follow-Up Requirements

(1) To meet public information requirements of Section 1008.42(1), F.S., school districts; independent postsecondary career education, technical, trade and business schools; Florida colleges and community colleges shall determine a postsecondary career education student’s placement status using one (1) or more of the following procedures:

(a) The written questionnaire outlined in this rule;

(b) State-level computerized employment data collected by the Florida Education and Training Placement Information Program (FETPIP);

(c) Written verification from the employer.

(2) The written questionnaire process shall collect post-instruction outcome data and shall not include information from exit interviews. For written questionnaires, documentation for audit purposes shall be kept on file for three (3) years and include at least:

(a) Student name and social security or identification number.

(b) Student address and telephone number.

(c) Whether continuing in postsecondary education.

(d) If continuing postsecondary education, the name and address of the institution where enrolled.

(e) If employed other than in the military, employer’s name and address and the occupational title for the job in which the student is employed.

(f) The student’s signature and date to verify the information.

(3) When state-level computerized employment data are used, documentation shall consist of the data tape or hard copy.

(4) Written verification from the employer shall include student name, social security number, and occupational title under which the student is employed.

(5) A notice of intent to conduct a local follow-up survey must be provided by the local educational agency or independent school to the appropriate division of the Department.

(6) The written notification must indicate that the local education agency or independent school intends to conduct a local follow-up of its career education completers and leavers; the program(s) on which the local follow-up will be conducted; reason(s) for the local follow-up; and, may request technical assistance.

(7) Anytime a local education agency or independent school publishes program performance measures that are based at least partially on local follow-up data, a notice of the inclusion of those data must be made in writing as part of the publication. The following statement must be displayed prominently in the publication: “As a result of a career education program review, locally collected career education student follow-up data have been used to compile this information. The methods used to collect this information are specified by state laws and rules. These data are available for inspection upon request.”

History

• Rulemaking Authority 1008.43(1)(b), (4) FS. Law Implemented 1008.42(2)(b)3., 1008.43(1) FS. History–New 6-23-87, Amended 11-24-87, 10-4-93, 6-18-96, 6-22-10.

Fla. Admin. Code R. 6A-10.0342 Career and Technical Education Program Quality Audit

(1) Purpose. This rule sets forth the procedures, targets, and timelines for reviewing secondary and postsecondary Career and Technical Education (CTE) programs in accordance with Section 1003.491(5), F.S. The rule also describes the CTE program quality targets for metrics that programs are expected to meet and the required actions for programs that do not meet those targets.

(2) Definitions.

(a) “CTE Concentrator” or “Concentrator” means a secondary student who earned three (3) or more credits in a single career preparatory or technology education CTE program, or two (2) credits if the maximum number of credits in the program is less than three (3).

(b) “District Postsecondary” means all school district career centers within a single district recognized by the Department pursuant to Section 1001.44, F.S.

(c) “Florida College System (FCS) institutions” or “institution” means the public postsecondary educational institutions as defined in Section 1000.21, F.S.

(d) “Industry Certification” means a certification on the CAPE Industry Certification Funding List adopted in Rule 6A-6.0576, F.A.C. and/or industry certifications on the Perkins V Industry Recognized Credentials List, accessible at: https://www.fldoe.org/academics/career-adult-edu/research-evaluation/perkins.stml.

(e) “In-Demand” means an occupation or program shows labor market demand based on the criteria outlined in the framework for the Master Credential List (MCL) and/or the criteria outlined in the Labor Market Alignment in the Perkins Comprehensive Local Needs Assessment (CLNA). The criteria outlined in the framework for the MCL, and the criteria outlined in the Perkins CLNA can be accessed at: https://www.fldoe.org/academics/career-adult-edu/perkins/clna.stml.

(f) “Master Credentials List (MCL)” means the list of industry certifications and postsecondary credentials adopted in Rule 6A-6.0576, F.A.C. This list can also be accessed at: https://careersourceflorida.com/master-credentials-list/.

(g) “Postsecondary Completers Continuing Education or Employed Rate” means the percentage of postsecondary CTE full program completers that are found continuing their education or employed in the year following program completion. The continuing education rate is based upon enrollment in any postsecondary institution in the summer, fall and winter/spring terms of the following year. The Employed Rate is based upon the four (4) fiscal quarters following the Reporting Year of completion.

(h) “Reporting Year (RY)” means the scheduled time during the year that secondary and postsecondary CTE data are collected by the Florida Department of Education (Department) in accordance with Section 1008.41, F.S. The “most recent Reporting Year” is the most recent year of available data reviewed within the CTE Audit.

(i) “Retention Rate” means the percentage of students enrolled in a given Reporting Year who returned the next Reporting Year or who completed a program in the original Reporting Year. Students who transfer to another postsecondary institution or to another program, are still included in the numerator as Retained.

(j) “Same school district for all years enrolled in Florida public high school” is a criterion relevant only to the Secondary CTE Audit program quality rates and means students were found enrolled in the same Florida public school district for all years they were found enrolled in Florida public high school. The denominators of each Secondary CTE Audit program quality rate only include these students.

(k) “Success Rate” means the percentage of students leaving postsecondary education (FCS institution or district postsecondary) with any one of the following: degree, certificate, industry certification, or terminal occupational completion point (OCP). A student left postsecondary education if they were enrolled in a given Reporting Year and were not found enrolled in an FCS institution or district postsecondary in the following Reporting Year.

(l) “12th Grader Concentrator Graduate Continuing Education or Employed Rate” means the percentage of 12th grader concentrator graduates found continuing their education or employed in the year following high school graduation. Continuing education is based upon enrollment into any postsecondary institution in the summer, fall or winter/spring terms of the following year. Employed is based upon employment in the four (4) fiscal quarters following the reporting year of graduation. 12th grader concentrator graduates are only included in this rate if found enrolled in the same school district for all years enrolled in Florida public high school.

(m) “12th Grader Concentrator Graduation Rate” means the percentage of 12th grader concentrators who graduated from high school with a standard high school diploma. 12th grader concentrator status may have been achieved in any year during high school. 12th grader concentrators are only included in this rate if found enrolled in the same school district for all years enrolled in Florida public high school.

(n) “12th Grader Concentrator Industry Certification Rate” means the percentage of 12th grader concentrators earning at least one (1) industry certification at any point during high school. The industry certification does not need to be directly related to their program. Concentrator status may have been achieved in any year during high school. Concentrators are included in the denominator of this measure even if they did not test for at least one industry certification. Students are only included in this rate if they were in the same school district for all years enrolled in Florida public high school.

(3) CTE Program Quality Rates and In-Demand Criteria.

(a) Secondary CTE Programs, career preparatory and technology education programs, only, will be reviewed using the following rates:

1. 12th Grader Concentrator Graduation Rate;

2. 12th Grader Concentrator Industry Certification Rate; and,

3. 12th Grader Concentrator Graduate Continuing Education or Employed Rate.

(b) At the secondary CTE level, the data will be combined for all schools in each district that offer career preparatory and/or technology education CTE programs. The rates will not be calculated separately for each school.

(c) Postsecondary CTE Programs, associate of applied science (A.A.S.), associate of science (A.S.), advanced technical certificates (ATC), applied technology diploma (ATD), career certificate (CAR), and college credit certificate (CCC) programs, only, will be reviewed using the following rates and in-demand criteria:

1. Retention Rate;

2. Success Rate;

3. Postsecondary Continuing Education or Employed Rate; and,

4. Program alignment to an in-demand occupation.

(d) Specialized Career Education CAR programs are not subject to the audit. These programs include Specialized Career Education, Basic (S990005), Specialized Career Education, Advanced (S990006), Specialized Career Education, Comprehensive (S990007) and Specialized Career Education, Extended (R300001).

(e) At the postsecondary CTE level, the data will be combined for all school district career centers within a single district recognized by the Department pursuant to Section 1001.44, F.S. The rates will not be calculated separately for each career center.

(4) CTE Program Quality Metrics and Targets.

(a) The program quality rates for secondary career preparatory and technology education CTE programs are grouped into two (2) metrics (see chart below).

(b) The program quality rates and in-demand criteria for postsecondary CTE programs are grouped into three (3) metrics (see chart below).

(c) Each metric has a primary target and an alternate target for program quality listed in the chart below. CTE programs must satisfy each metric by meeting the primary or the alternate target. Except for the targets addressing postsecondary program alignment to an in-demand occupation, the primary target is based on the most recent Reporting Year and the alternate target is based on the most recent three-Reporting Year average.

(d) The postsecondary program alignment to an in-demand occupation metric requires the following:

1. The primary target requires the program to meet the demand criteria and/or local demand criteria as defined in the framework for the most recent MCL.

2. The alternate target requires the program to demonstrate local demand on the district’s or FCS institution’s most recent Perkins CLNA.

Secondary CTE Audit Metrics and Targets

Metric Number

Metric Name

Primary Target

Alternate Target

1

12th Grader Concentrator Graduation Rate

At least 80% in most recent RY

At least 80% in most recent three-RY average

2

12th Grader Concentrator Industry Certification Rate

OR

12th Grader Concentrator Graduate Continuing Education or Employed Rate

At least 33% for Industry Certification Rate

OR

At least 80% on Continuing Education or Employed Rate in most recent RY

At least 33% for Industry Certification Rate

OR

At least 80% on Continuing Education or Employed Rate in most recent three-RY average

Postsecondary CTE Audit Metrics and Targets

Metric Number

Metric Name

Primary Target

Alternate Target

1

Retention Rate

OR

Success Rate

At least 50% on either Rate in most recent RY

At least 50% on either Rate in most recent three-RY average

2

Postsecondary Completers Continuing Education or Employed Rate

At least 70% in most recent RY

At least 70% in most recent three-RY average

3

In-Demand Occupation

Program meets demand criteria as defined in the most recent MCL.

Evidence of Labor Market Alignment on the most recent CLNA.

(5) Program Quality Data and Notice to Districts and FCS Institutions.

(a) Annually, the Department will calculate program quality rates for each CTE program that is subject to the CTE Audit. These data will be made available at: https://www.fldoe.org/academics/career-adult-edu/cte-quality/cte-audit-data-reports.stml. This is the statewide report required by s. 1008.43, F.S.

(b) Based upon these data, the Department will determine whether a CTE program meets the targets for each metric and notify the district or FCS institution accordingly.

(c) The school district Superintendent or FCS college President of the district or FCS institution programs that do not meet a metric target (primary or alternate) will have ninety (90) calendar days to provide to the Division of Career and Adult Education one of the following:

1. Written notice confirming intent to phase out the program; or

2. Supplemental evidence documenting circumstances that warrant the program not being phased out that year. If approved, the program will be evaluated again in the next annual CTE Audit.

(d) Supplemental evidence is:

1. Documentation that an “an act of God” or security incident interrupted the district’s or FCS institution’s ability to operate the program; or,

2. Evidence that documents the program’s metrics meet minimum targets for the secondary or postsecondary Continuing Education or Employed Rate, the postsecondary Retention Rate or the postsecondary In-demand criteria, only.

(e) The Department will review supplemental evidence to determine if it is sufficient and will notify the district or FCS institution accordingly.

(6) Phase Out of Programs.

(a) For programs that do not meet required targets in subsection (4) and without sufficient supplemental evidence as outlined in subsection (5), the program must be phased out.

(b) The Department will notify each district and FCS institution offering programs that must be phased out and will provide a timeframe for the phase out process to be completed. Once notified by the Department of the timeframe for phase out, the district or FCS institution must submit within ninety (90) days to the Department its plan to terminate the program.

(c) Program phase out requires the school district or FCS institution to place the program in teach out status, which ensures that students can complete their education before a program is phased out. After teach out is complete, the program must be removed from program offerings.

(d) A school district Superintendent or FCS college President must submit a teach out plan to the Division of Career and Adult Education within thirty (30) calendar days of phase out confirmation. The teach out plan must include, but is not limited to, the number of students remaining in the program; timeframe to teach out remaining students; internal and external program transfer options available to remaining students; and plans to communicate teach-out options to students.

(e) A school district or FCS institution may not establish a program that is substantially similar to the program identified for phase out until teach out is complete plus two additional reporting years. Substantially similar means programs with the same 4-digit Classification of Instructional Program (CIP) code and identical Standard Occupational Classification (SOC) codes. Teach out is complete once no program enrollments remain.

(f) A school district Superintendent or an FCS college President may submit a CTE Audit Program Reinstatement Application for phased out programs to be reinstated after teach out is complete plus two reporting years. The Department will provide either approval or feedback within thirty (30) calendar days of receipt. The CTE Audit Program Reinstatement Application (http://flrules.org/Gateway/reference.asp?No=Ref-19573), effective June 2026, is hereby incorporated by reference. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400. The Reinstatement Application is also available at https://www.fldoe.org/academics/career-adult-edu/cte-quality/cte-audit-resources.stml.

(g) Programs are exempt from the phase out requirements found in subsections (5) and (6) if any of the scenarios below are true for a CTE program.

1. The program is new. A new program is a CTE program that is offered for the first time in a district or at an FCS institution within three years. A new program is subject to accountability once three years of data are available to calculate a three-year reporting average for a metric.

2. The program is in teach out. A program in teach out is a program that is slated for deletion from state frameworks or local program inventory.

3. The program has less than ten (10) students in the denominator. A program shall not be eligible for phase out if there are fewer than ten (10) students in the denominator for the metric for the most recent reporting year.

(7) Schedule for Notification of Phase Out of Programs.

(a) Beginning with the 2026 CTE Audit, using data from Reporting Years 2021-22, 2022-23, 2023-24 and 2024-25, all programs shall be reviewed to assess whether the program meets targets for metrics found in subsection (4). All programs that fail to meet the targets for a metric will be notified to implement the phase out process as outlined in subsections (5) and (6), unless they provide sufficient evidence demonstrating why they should not be phased out that year.

(b) Beginning with the 2026 CTE Audit, the audit will be carried out annually, as prescribed in subsection (4). Annually, all programs that fail to meet the targets for a metric will be notified for the phase out process outlined in subsections (5) and (6).

History

• Rulemaking Authority 1001.02(1), (2)(n), 1003.491(5)(d), 1008.43(4) FS. Law Implemented 1003.491, 1008.43 FS. History–New 10-4-93, Amended 2-16-94, 10-25-11, 2-17-15, 10-30-16, 11-28-18, 7-2-24, 8-19-25, 6-17-26.

Fla. Admin. Code R. 6A-10.035 General Requirements for Vocational Education Instruction Funding

History

• Rulemaking Authority 229.053(1), 236.081(1)(c) FS. Law Implemented 229.555(2)(a)3., 236.081(1)(c) FS. History–New 3-4-84, Formerly 6A-6.56, Amended 6-14-84, Formerly 6A-10.35, Amended 1-29-86, 7-30-91, Repealed 10-18-94.

Fla. Admin. Code R. 6A-10.0351 Prepping Institutions, Programs, Employers, and Learners through Incentives for Nursing Education (PIPELINE) Fund

(1) Purpose. This rule administers the Prepping Institutions, Programs, Employers, and Learners through Incentives for Nursing Education (PIPELINE) fund, in accordance with Section 1009.897, F.S.

(2) Definitions. For the purposes of administering the program, the following definitions shall be used.

(a) “Department” means the Florida Department of Education.

(b) “Institution” means a school district career center under Section 1001.44, F.S. that offers a licensed practical nurse program, a charter technical career center under Section 1002.34, F.S. that offers a licensed practical nurse program, or a Florida College System institution.

(c) “Passage rates” means the percent of first-time test takers who take and pass the National Council of State Board of Nursing Licensing Examination (NCLEX) per program type as determined pursuant to Section 464.019, F.S.

(d) “Post-licensure nursing education program” means programs of study that advance the training of licensed Registered Nurses.

(e) “Pre-licensure nursing education program” means programs of study that prepare graduates to become eligible to apply to be licensed as a Licensed Practical Nurse or a Registered Nurse.

(f) “Program completer” means a nursing program graduate as reported by the institution to the Department.

(3) Measures. The calculation of institutional allocations shall include the following measures. These measures, as described herein, are to be used for purposes of the distribution of the PIPELINE Fund, subject to appropriation and unless appropriated differently by the Florida Legislature.

(a) Pre-Licensure Nursing Program Performance. Institutions receive a proportion of funds based on the number of students who are awarded a certificate or degree in a pre-licensure nursing education program, which is weighted by licensure passage rates. Agency allocations are determined by:

1. Identifying the count of pre-licensure nursing programs completers.

2. Identifying the licensure passage rates for pre-licensure nursing programs.

3. Multiplying the pre-licensure completer counts by the licensure passage rates.

4. Using the completions weighted by licensure passage rates, calculating each eligible agency’s pro-rata share of the funds for pre-licensure nursing program performance.

(b) Pre-Licensure Nursing Program Excellence. Institutions receive a proportion of funds based on the number of students who are awarded a certificate or degree in a pre-licensure nursing education program, which is weighted by licensure passage rates exceeding the national average. Agency allocations are determined by:

1. Identifying the licensure passage rates for pre-licensure nursing programs.

2. Identifying the national average of licensure passage rates for pre-licensure nursing programs.

3. Calculating the percentage point difference for pre-licensure nursing programs with passage rates above the national average.

4. Calculating each eligible agency’s pro-rata share of the funds for pre-licensure nursing program excellence.

(c) Post-Licensure Nursing Program Performance. Institutions receive a proportion of funds based on the number of students who are awarded a certificate or degree in a post-licensure nursing education program. Agency allocations are determined by:

1. Identifying the count of post-licensure nursing programs completers.

2. Calculating each eligible agency’s pro-rata share of the funds for post-licensure nursing program performance.

(4) Funding. Subject to appropriation, the Department shall notify institutions of the allocations and the timeline for disbursement.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1009.897(4) FS. Law Implemented 1009.897 FS. History‒New 9-20-22.

Fla. Admin. Code R. 6A-10.0352 Linking Industry to Nursing Education (LINE) Fund

(1) Purpose. The purpose of this rule is to set forth the requirements relating to the Linking Industry to Nursing Education (LINE) Fund, which is intended to meet local, regional, and state workforce demand by recruiting faculty and clinical preceptors, increasing the capacity of high-quality nursing education programs, and increasing the number of nursing education program graduates who are prepared and licensed to enter the workforce.

(2) Definitions.

(a) “Health care partner” means a health care provider as defined in Section 768.38(2), F.S. For purposes of the LINE Fund, the health care partner must be licensed to operate in the state and make a monetary or nonmonetary contribution to the postsecondary institution.

(b) “Contributor” means any health care partner or other person or entity that makes monetary or nonmonetary contributions to the participating institution for the purposes outlined in Section 1009.8962, F.S.

(c) “Department” means the Florida Department of Education.

(d) “Institution” means a school district career center under Section 1001.44, F.S., a charter technical career center under Section 1002.34, F.S., a Florida College System institution, or an independent nonprofit college or university located and chartered in this state and accredited by an agency or association that is recognized by the database created and maintained by the United States Department of Education to grant baccalaureate degrees, or an independent school, college, or university with an accredited program as defined in Section 464.003, F.S., which is located in this state and licensed by the Commission for Independent Education pursuant to Section 1005.31, F.S., or an institution as outlined in Section 1009.521, F.S., which has a nursing education program that meets or exceeds the following:

1. For a certified nursing assistant program, a completion rate of at least seventy (70) percent for the prior year.

2. For a licensed practical nurse, associate of science in nursing, and bachelor of science in nursing program, a first-time passage rate on the National Council of State Boards of Nursing Licensing Examination of at least seventy-five (75) percent for the prior year based on a minimum of ten (10) testing participants.

(e) “Student” means a person who is a resident for tuition purposes pursuant to Section 1009.21, F.S., and enrolled in a nursing education program at an institution.

(f) “Eligible purpose” means student scholarships, recruitment of additional faculty and preceptors; increasing program enrollment, program completion, and licensure exam passage rates; equipment; simulation centers; and internships. Funds may not be used for the construction of new buildings, but may be used to expand, retrofit, or upgrade existing facilities if the proposal will either increase enrollment or improve the educational space for an institution’s nursing education students.

(g) “Match” means the LINE funds provided to the institution on a dollar-to-dollar basis, subject to funds availability, to the health care partner’s contribution.

(h) “Contribution” means the monetary or nonmonetary contributions provided by an eligible health care partner or other person or entity to an eligible postsecondary institution.

(3) Notification of Funding Opportunity. Each year that the LINE Fund is funded by the legislature, the Department will publish notice of the availability of grants and Request for Proposals at https://www.fldoe.org/academics/career-adult-edu/funding-opportunities at least fifteen (15) days prior to the notice of intent submission. The notification of funding opportunity will include:

(a) Grant period.

(b) Date to submit a notice of intent to apply for a grant. The notice of intent will be due fifteen (15) days following publication of the notification of funding opportunity.

(c) Deadline to apply for the grant. Proposals will be accepted as early as thirty (30) days following the notice of intent deadline.

(d) The dollar amount of available grant funds.

(4) Proposals. If funds are designated in the General Appropriations Act, the Department shall solicit proposals for LINE funds. To be eligible for an allocation, proposals must include the following components which will be used to prioritize funding along with the criteria established in subsection (5).

(a) To participate, an institution’s president, chief administrative officer, or designee must submit a timely and completed proposal to the Department in a format prescribed by the Florida Department of Education.

(b) The total amount of LINE funds requested and a detailed budget for the expenditure of these funds, including personnel costs, operating expenses, equipment costs and training expenses, and other allowable expenses.

(c) Narrative explaining how the institution plans to use the contributor’s contribution and LINE matching funds to address the criteria in subsection (5). The narrative must outline how the institution will improve the likelihood that graduates will successfully join the state or local workforce, either through employment with a health care partner or by other means.

(d) Statement of assurances that statutory requirements will be satisfied.

(e) Documentation of contributor’s monetary or nonmonetary contribution. Documentation must indicate either the cash amount or a signed agreement for a nonmonetary contribution the contributor plans to contribute (“pledged”) or has contributed (“fulfilled”). For the contributions, the following conditions apply:

1. If the contribution has been pledged but not been fulfilled at the time of application, acceptable documentation includes a scope of work, copies of irrevocable pledge letters, or letters of intent; the documentation must indicate the timeline for the fulfillment of the contribution.

2. If the contribution has been pledged and fulfilled at the time of application, acceptable documentation includes financial statements, bank statements, budget reports, or bank letters that show the cash transaction(s).

3. Nonmonetary contributions are limited to the following:

a. The value of the donated use of health care partner employees as nursing education program instructors or preceptors.

b. The value of the donated use of a health care partner’s space or equipment for a nursing education program.

c. The value of the donated educational or simulation equipment.

d. Other similar quantifiable donated goods and services from a contributor deemed by the Department to be good faith contributions that support the goals of the LINE Fund as outlined in subsection (1).

4. If the contribution is nonmonetary, objective verification of the value of that contribution must be submitted. The Department may require additional information or a third-party appraisal if the documentation is insufficient to verify the value of the nonmonetary contribution.

5. A proposal may not be comprised solely of nonmonetary contributions.

(f) All proposals must abide by the Project Application and Amendment Procedures for Federal and State Programs (GREEN BOOK).

(5) Review Process.

(a) The Department will evaluate and rank, by institution type, each completed and timely submitted proposal on the extent to which the application supports the following minimum criteria, where applicable:

1. Whether monetary and nonmonetary contributions committed by the contributor will contribute to an eligible purpose.

2. How the institution plans to use the funds, or nonmonetary contributions, including how such funds or nonmonetary contributions will be utilized to increase student enrollment and program completion.

3. How the health care partner will onboard and retain graduates or otherwise improve the likelihood that graduates will successfully join the state or local workforce.

4. How the funds or nonmonetary contributions will be used to expand the institution’s nursing education programs to meet local, regional, or state workforce demands. If applicable, this shall include advanced education nursing programs and how the funds or nonmonetary contribution will increase the number of faculty and clinical preceptors and planned efforts to utilize the clinical placement process established in Section 14.36, F.S.

(b) Once the proposals are evaluated and ranked pursuant to paragraph (5)(a), the Department will consider the strength of the proposed programs, the geographic location of the proposals and statewide workforce demands in order to promote the distribution of funds and avoid a concentration of funds in a small number of institutions.

(c) Monetary contributions from contributors shall receive priority when awarding matching funds to institutions.

(6) Award Notice. The Department will award grant funding on a dollar-to-dollar basis, up to the amount of the fund or the fair market value of the nonmonetary contribution, including notifications made on a rolling or periodic basis subject to available funds, to eligible institutions. The Department will notify institutions of the approved proposals and award amounts.

(a) Subject to available funds, for every monetary or nonmonetary contribution to an institution by a contributor, the funds shall provide a dollar-to-dollar match to the participating institution to implement the activities outlined in the institution’s approved proposal.

(b) If deemed to meet the long-term goals of the LINE Fund, the Department may award funds for an approved proposal for up to 2 academic years immediately following the academic year within which the initial approval is granted, for a total of 3 academic years. If the Department approves a multi-year award to an institution, the award amount in subsequent years is subject to a LINE Fund appropriation and the continued notification of the contributor’s contribution to match the multiyear award of state funds.

(7) Disbursements. Prior to the release of funds to an institution that has been awarded LINE funds, the institution must provide to the Department documentation of the contributor providing the monetary or nonmonetary contribution to the institution. If the contribution is monetary, then it may be given to the institution in quarterly payments, so long as the amount received in the first quarter is at least a one-fourth the total contribution amount. Acceptable documentation includes financial statements, bank statements, budget reports, or bank letters that show the cash transaction(s). To accept nonmonetary contributions as matching funds, the applicant must provide documentation of the contribution in dollars. The Department will certify that the proposed contribution directly supports the goals of the LINE Fund outlined in subsection (1) and Section 1009.8962, F.S., and may require additional documentation to verify fair market value including, but not limited to, a third party appraisal. If an institution receives a nonmonetary contribution which is given over time, the institution must submit to the Department documentation that the contribution was fulfilled at the end of each academic term. Funds will be released in accordance with the General Appropriations Act or, no more frequently than on a quarterly basis.

(8) Required Reporting. Annually, by February 1, institutions that were awarded LINE funds in the previous fiscal year must report to the Department all information required by Section 1009.896(9)(b), F.S. Minimally, the report must include, by program level, the number of additional nursing education students enrolled; if scholarships were awarded using grant funds, the number of students who received scholarships and the average award amount; and the outcomes of students as reported by the Office of Reimagining Education and Career Help pursuant to Section 14.36(3)(l), F.S. No later than thirty (30) days before the submission deadline, the Department will release guidelines for institutions to transmit an electronic file to meet this requirement.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1009.8962(10) FS. Law Implemented 1009.8962 FS. History‒New 9-20-22, Amended 9-26-23, 7-2-24, 12-21-25, 8-25-26.

Fla. Admin. Code R. 6A-10.036 Postsecondary Education Cooperation Grants

History

• Rulemaking Authority 229.053(1), (2)(c), 240.125(5) FS. Law Implemented 240.125(3), (4), (5) FS. History–New 2-19-84, Formerly 6A-10.36, Amended 10-18-94, Repealed 1-2-95.

Fla. Admin. Code R. 6A-10.0371 Model Non-Instructional Adult Literacy Centers

History

• Rulemaking Authority 1004.95(4) FS. Law Implemented 1004.950 FS. History–New 8-30-88, Repealed 11-22-11.

Fla. Admin. Code R. 6A-10.038 Postsecondary Feedback of Student Information to High Schools

(1) From data provided by the state universities, Florida College System institution, and state-supported career centers, the Department of Education shall maintain information on the performance of Florida’s public high school graduates on the entry-level placement tests, pursuant to Rules 6A-10.0315 and 6A-10.040, F.A.C.

(2) By October 31 each year, the Department of Education shall provide the Commissioner of Education the following information on students enrolled during the most recent academic year, beginning with the summer session and ending with the spring semester, who were prior year graduates of Florida public high schools:

(a) Legal name;

(b) Social security number;

(c) Florida student identifier when available;

(d) Gender;

(e) Racial/ethnic group;

(f) Name and number of school and school district from which student graduated;

(g) Year of graduation from high school;

(h) Report year (academic year student was enrolled in postsecondary education and the first academic year after graduation from high school);

(i) Name of postsecondary institution in which student was enrolled; and,

(j) An indicator for each of the three (3) subtest areas indicating whether a student’s score on the subtest was above or below the cut-off score for that area pursuant to Rule 6A-10.0315, F.A.C.;

(k) The name of the entry-level placement test used to place each student and subtest scores on the entry-level placement test in the areas of reading, writing/language, or mathematics shall be maintained by the Department of Education and made available to the Commissioner of Education upon request.

(3) Each postsecondary career center shall provide, by October 31 each year, the same information as described in paragraphs (2)(a) through (2)(i) of this rule pursuant to Section 1004.91, F.S., for students who were prior year graduates of Florida public high schools. Reporting on postsecondary career students shall be consistent with Rule 6A-10.040, F.A.C., and shall indicate whether a student, upon completion of a required basic skills examination within the first six (6) weeks after admission into the program, was deemed to have achieved mastery of the required minimum level of basic skills for the program pursuant to Rule 6A-6.0571, F.A.C.

(4) Upon request to the postsecondary institutions in which its students enrolled, a Florida public high school or school district shall be provided transcripts of its graduates including a record of all postsecondary courses in which its graduates enrolled during the first year after high school graduation. Transcripts, performance of an individual student on an entry-level placement test, and other personally identifiable student information may be used only for educational purposes pursuant to Section 1002.22, F.S., and shall be released without the written consent of the student only to the superintendent of the school district or principal of the school from which the student graduated.

(5) From information data bases maintained by the Department of Education, the Commissioner shall provide to the State Board of Education, the Board of Governors, and Legislature by November 30, and to the school districts and high schools by January 31, summary reports on the performance of Florida’s public high school graduates who enroll in public postsecondary institutions within one (1) year after graduation. The Commissioner shall provide summary reports for the state as a whole, for each school district, and for each public high school. Student level reports shall be provided to the high schools from which students graduate. The summary reports shall indicate the number of prior year graduates who enrolled in state-supported career centers, Florida College System institution, and state universities in Florida during the previous summer, fall, and spring terms and the number of those students whose scores on the entry-level placement tests indicate readiness for postsecondary education or the need for remediation through basic skills instruction or college-preparatory instruction pursuant to Sections 1004.92 and 1008.30, F.S.

(6) Pursuant to Section 1008.37, F.S., each school district and high school shall include strategies in its school improvement plan to improve student readiness for the public postsecondary level based on annual analysis of the feedback report data.

History

• Rulemaking Authority 1008.37(1) FS. Law Implemented 1008.37 FS. History–New 9-24-84, Formerly 6A-10.38, Amended 11-7-89, 1-2-95, 12-18-05.

Fla. Admin. Code R. 6A-10.0381 Registration of Adult Students and Enrollment Reporting for Adult General Education Students

(1) Purpose. The purpose of this rule is to specify procedures and requirements for registration of students in adult general education (AGE) and postsecondary career and technical education (CTE) programs and requirements for reporting enrollment for students in adult general education programs.

(2) Definitions.

(a) “Actual hours” means the exact period of time in hours spent on instruction associated with attendance in a course. The sum of actual minutes of instruction must be rounded down to the nearest whole hour.

(b) “Attendance” means physical presence in a scheduled classroom or laboratory course as documented by the instructor or other tracking method.

(c) “Asynchronous online instruction” means a virtual course delivery method where students access materials, lectures, tests and assignments on their own schedule. While students can be given a timeframe for completion of tasks, the work of students and of instructors occurs at different times. Asynchronous learning includes a variety of instructional interactions, including email exchanges, discussion boards, and course management systems that organize instructional materials and correspondence.

(d) “Blended instruction” means the use of more than one modality of instruction for the same course.

(e) “Classroom instruction” means scheduled on-campus instruction where a teacher or instructor leads a group of students. This type of instruction means interactions where the teacher delivers lessons, facilitates discussions, and engages students in various learning activities such as lectures, group work, exercises, and assessments.

(f) “Date of enrollment” means the first date of actual attendance in the course.

(g) “Educational Functioning Level (EFL) Gain” means a type of measurable skill gain where a participant who is receiving instruction below the postsecondary education level has documented achievement of at least one educational functioning level.

(h) “Emergency Closure” means temporary suspension of on-campus operations and instructional activities due to unforeseen events that pose a significant threat to the health, safety or security of students, staff or facilities. Such events may include, but are not limited to, natural disasters (e.g., hurricanes, floods), public health emergencies or campus safety threats.

(i) “Integrated Education and Training (IET) Program” means a Department of Education approved service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. IET programs can be delivered solely through enrollment in AGE courses or through concurrent enrollment in AGE and CTE courses.

(j) “Instructional hours” means hours of instruction that are reportable for state funding purposes.

(k) “Laboratory instruction” means on-campus, self-directed and self-paced activities to attain knowledge and skills. In this environment, the student is physically present at a scheduled location.

(l) “Proxy hours” means time assigned for the completion of independent learning activities that are not scheduled classroom instruction, laboratory instruction, asynchronous online instruction, or synchronous online instruction.

(m) “Scheduled hours” means the time the course is scheduled to meet.

(n) “Synchronous online instruction” means a virtual course delivery method where students and instructors engage in real-time interactions and activities within a predetermined schedule. Synchronous online learning includes activities such as live lectures, discussions, group projects, or collaborative exercises facilitated through video conferencing, or virtual classrooms.

(o) “Withdrawal date for non-attendance" means the last day of actual attendance in the course.

(3) Required registration information for students. As part of the registration for students in adult general education and adult postsecondary career programs identified in Section 1004.02(25), F.S., each school district and Florida College System (FCS) institution offering these programs must collect and maintain sufficient information for location of the student upon termination and to determine appropriate placement in a program. Registration information must be collected and maintained in electronic or manual format. At a minimum, school district and FCS institutions must collect and maintain the following:

(a) Name, permanent address, date of birth, Florida education identifier, social security number if collected and Florida student number identifier;

(b) Whether the student has a U.S. high school diploma or equivalent certificate at entry into the program;

(c) The program of enrollment, and IET program number, if applicable; and,

(d) The course title and course number.

(4) General information requirements for Adult General Education Programs. In addition to the above requirements, each school district and FCS institution is required to collect and maintain enrollment and attendance information on students enrolled in adult general education programs based on minimum enrollment requirements for funding and mandatory withdrawal procedures for students for non-attendance. Information must be collected and maintained in electronic or manual format.

(5) Minimum threshold for fundable enrollments and instructional hours reporting in adult general education courses and programs. A student shall be counted for fundable enrollment once a student has participated in a minimum of ten (10) instructional hours during a reporting year. Pre-enrollment assessment and placement hours are not reported as instructional hours in student databases.

(6) Modalities of instruction in Adult General Education. Program instruction must be offered using an allowable instructional modality. Allowable instructional modalities include:

(a) classroom instruction,

(b) laboratory instruction,

(c) asynchronous online instruction,

(d) synchronous online instruction, and

(e) blended instruction.

(7) Rules for the reporting of instructional hours based on modality of course instruction in adult general education courses and programs. The following requirements apply to the reporting of instructional hours:

(a) Reporting Classroom Instruction.

1. School district and FCS institutions must report actual hours of instruction up to ten (10) hours. The actual hours of instruction for a student must be documented to determine whether a minimum threshold of instruction is delivered. If a student is not documented with at least ten (10) actual hours of instruction, the instructional hours reported must equal the actual hours of instruction in the course.

2. For students who have reached the ten (10) actual hours threshold, school district and FCS institutions must report scheduled instructional hours to state data reporting systems. Reportable instructional hours for classroom instruction are those scheduled hours that occur between the first date of attendance in a course and the withdrawal date or end-of-course date, whichever is sooner.

(b) Reporting Laboratory Instruction.

1. Instructional hours for laboratory instruction are actual hours that occur between the date of enrollment in a course and the withdrawal date or end-of-course date, whichever is sooner.

2. Institutions must document the physical presence of a student and time spent in an on-campus laboratory environment through attendance records.

3. If a student’s schedule includes blended instruction with classroom and laboratory instruction combined, the classroom and laboratory instruction must be scheduled and reported separately.

(c) Reporting Asynchronous Online Instruction. Instructional hours for asynchronous online courses and course components are actual hours documented based upon elapsed time that a student is connected to, or engaged in, an online software program that has the capability to track time.

(d) Reporting Synchronous Online Instruction.

1. School district and FCS institutions must report actual hours of instruction up to ten (10) hours. The actual hours of instruction for a student must be documented to determine whether a minimum threshold of instruction is delivered. If a student is not documented with at least ten (10) actual hours of instruction, the instructional hours reported must equal the actual hours of instruction in the course.

2. For students who have reached the ten (10) actual hours threshold, school district and FCS institutions must report scheduled instructional hours to state data reporting systems. Reportable instructional hours for synchronous online instruction are those scheduled hours that occur between the first date of attendance in a course and the withdrawal date or end-of-course date, whichever is sooner.

(e) Reporting Blended Instruction. Courses that use blended instruction must schedule and report a separate course section for each modality.

(f) Proxy hours are not reportable to the state via state data reporting systems.

(8) Instructional hours reporting guidance for IET programs. IET program related instruction must follow the following reporting requirements:

(a) IET programs that use only an AGE program of enrollment for instructional delivery must be reported in accordance with subsection (7).

(b) IET programs that use AGE and CTE programs of enrollment for instructional delivery must enroll and report students in separate program and course enrollments for each program type. The scheduling and reporting of the hours in the separate courses shall not overlap.

(9) Adult High School (AHS) instructional hours reporting requirements for adult and co-enrollment students. AHS course enrollment shall only be reported for students enrolled in compliance with the requirements in Rule 6A-6.014(3)(e)-(f), Florida Administrative Code, General Requirements for Adult General Education Program.

(a) AHS Co-enrollment course enrollments shall only be reported for students when an agency has enrollment of adult students in an Adult High School program in a given reporting term.

(b) Instructional hours shall not be reported for K-12 enrolled students who were withdrawn from public school and intend to return in the following fall enrollment term. Districts shall not withdraw students from their public K-12 school for the purpose of summer enrollment in an AHS program.

(c) A student in the AHS co-enrollment program shall only be reported for the maximum number of courses allowed in Section 1011.80(10), F.S., shall only be enrolled for credit recovery or dropout prevention purposes, and shall not have a pattern of excessive absenteeism or habitual truancy or a history of disruptive behavior in school.

(d) A student shall not be reported with an AHS and an AHS co-enrollment program of enrollment in the same term.

(10) Adult general education scheduling blocks for classroom and synchronous online modalities. The following requirements apply to scheduled course times:

(a) Students shall not be scheduled in course sections with a course length greater than four (4) hours.

(b) Student attendance must be verified and documented for each course section of enrollment.

(c) If a student is withdrawn for nonattendance, the withdrawal shall only occur for the course section in which the absences occurred.

(11) Withdrawal and transfer procedures for classroom and synchronous online modalities. The following requirements apply to the reporting of instructional hours:

(a) A student must be procedurally withdrawn for non-attendance from the course by the institution. Instructional hours shall be reported from the date of enrollment until the date of withdrawal for non-attendance.

1. The standard for setting the withdrawal date shall be six (6) consecutive absences from a course schedule. Instructional hours are reported up to and including the last date of attendance but shall not include any scheduled instructional hours reported for any period beyond the last date of actual attendance.

2. If a student is procedurally withdrawn for non-attendance and resumes enrollment within thirty (30) calendar days, districts or colleges must re-enroll the student in the same course and section and must report the student instructional hours from the initial date of enrollment to the final withdrawal date or the end of the course, whichever is sooner. Re-enrollment in the same section may only occur once during the reporting term. If a student is procedurally withdrawn for non-attendance and resumes enrollment within thirty (30) calendar days for a second or subsequent time during the same term, the student must be enrolled in a new course section with a new course start date.

3. If a student is procedurally withdrawn for non-attendance and resumes enrollment after thirty (30) calendar days, districts or colleges must enroll the student in a new course section with a new course start date.

4. The documentation of the withdrawal for non-attendance does not have to occur at thirty (30) calendar days and can occur at the end of the reporting term.

5. Institutions must develop local procedures for withdrawing students for non-attendance.

(b) If a student earns an EFL gain on a state-approved assessment which results in a change in the program prior to the scheduled end of the course, report the instructional hours to the date the EFL was earned, and enroll the student in the next appropriate program.

(c) If a student earns a diploma prior to the scheduled end of the course, report the instructional hours to the date the diploma was earned. If a student earns a diploma prior to the scheduled end of the course and remains enrolled for basic skills remediation, they must be reassessed in accordance with Rule 6A-6.014, F.A.C for program placement. If the reassessment results in an EFL gain which results in a change in the program of enrollment, instructional hours must be separately reported in the first course from the date of enrollment to the date the diploma was earned and the instructional hours in the second course from the date of enrollment in the new course section to the final withdrawal date or the end of the course, whichever is sooner.

(d) If a student transfers from one course to another course section, separately report the instructional hours in the first course from the date of enrollment to the date of transfer and the instructional hours in the second course from the date of transfer or date of enrollment in the new course section to the final withdrawal date or the end of the course, whichever is sooner.

(12) Reporting requirements for adult general education courses during the summer term. For courses that begin before June 30 and end on or after July 1, students enrolled in these courses must be reported with two (2) course records: the first enrollment shall have hours reported from the date of enrollment through June 30 and the second enrollment shall have hours reported from July 1 to the end of the course or student withdrawal, whichever is sooner.

(13) Reporting enrollment in courses scheduled for removal from the approved program inventory. If a course or program is identified as scheduled for deletion from the approved program inventory, a district or FCS institution may report students through the spring reporting survey of the last year of eligible enrollment. No enrollment may be reported after the last spring reporting survey.

(14) Fundable instructional hours cap for adult general education. In order to ensure compliance with the reporting requirements, an end-of-year cap will be applied to all accumulated instructional hours in adult general education programs. A maximum of 1,300 hours is fundable per reporting year for an adult general education student.

(15) Emergency closures of facilities offering adult general education courses.

(a) Emergency closure dates that align with scheduled course dates do not count toward the six (6) consecutive absences required for non-attendance withdrawal in accordance with subparagraph (11)(a)1. and do not count toward the 30-day count for students procedurally withdrawn to re-enroll in accordance with subparagraphs (11)(a)2. and (11)(a)3.

(b) Emergency closure dates do not reset the count of absences that occurred before the closure. Absences must only include missed scheduled course days occurring before and after the closure.

(16) Institutional Documentation Requirements. Each school district and Florida College System institution shall follow the requirements below as it relates to local policies and records retention requirements.

(a) Written policies and procedures must be on file to ensure local implementation and compliance with this Rule.

(b) School districts are to ensure that they comply with the information database requirements of the Comprehensive Management Information System as specified in Rule 6A-1.0014, F.A.C., and Florida College System institutions shall comply with reporting elements that are required under Section 1008.31, F.S.

(c) Use of withdrawal codes is a local determination and are not state reportable. Institutions must maintain local policies and procedures that establish consistent usage and assignment of withdrawal codes.

(d) Each school district and Florida College System institution shall maintain on file the information required by this rule in electronic format or hard copy for a period of three (3) years or until the completion of all audits for the period during which the course is offered, whichever occurs later.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1004.93, 1008.405, 1008.41, 1011.80(11) FS. Law Implemented 1004.93, 1008.405, 1008.41, 1011.80 FS. History–New 12-23-92, Amended 11-21-05, 6-20-17, 8-19-25, 3-26-26.

Fla. Admin. Code R. 6A-10.0382 Enrollment and Reporting for School Districts for Students in Career Certificate and Applied Technology Diploma Programs

(1) Purpose. The purpose of this rule is to specify requirements for enrolling students and reporting instructional hours for postsecondary career certificate and applied technology diploma (ATD) programs, for the use of these instructional hours in the district workload funding model required in s. 1011.80, F.S.

(2) Definitions. The following definitions must be used in this rule and incorporated documents:

(a) “Applied Technology Diploma” means a clock hour postsecondary career and technical education program approved by the State Board of Education in Rule 6A-6.0571, F.A.C., in compliance with s. 1004.02(7), F.S.

(b) “CAPE Industry Certification Funding List” or “Funding List” means the list of industry certifications and certificates adopted by the State Board of Education in Rule 6A-6.0576, F.A.C., for implementation of the Florida Career and Professional Education Act. Certifications and certificates identified on the Funding List are assigned additional funding, as specified in ss. 1008.44 and 1011.62, F.S.

(c) “Career Certificate” means a clock hour postsecondary career and technical education program approved by the State Board of Education in Rule 6A-6.0571, F.A.C., in compliance with s. 1004.02(20), F.S.

(d) “Career Dual Enrollment” means the concurrent enrollment of a high school student in courses in a postsecondary career education which leads to an industry certification on the CAPE Industry Certification Funding List.

(e) “Course Drop-Add Period” means the district established period of time allowed for students to drop or add courses to their scheduled enrollment for a reporting term.

(f) “Date of Enrollment” means the first date the course is scheduled for the reporting term.

(g) “Direct Instructional Cost” means costs for the following: salary and fringe benefits for teachers and any other instructional personnel assigned to teach a course; curriculum and instructional materials supplied for students in the program; and instructional equipment for the course delivery.

(h) “Integrated Education and Training (IET)” means a Department of Education approved service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. IET programs can be delivered solely through enrollment in adult general education (AGE) courses or through concurrent enrollment in AGE and career and technical education (CTE) courses.

(i) “Instructional Hours” means the number of scheduled course hours from a student’s first day of enrollment in a course and to his/her last scheduled day of enrollment in the course. The scheduled hours for a course must match the course hours approved for the program in the career certificate or ATD’s curriculum framework.

(3) Instructional Hours Reporting Requirements for Career Certificate and ATD enrollments.

(a) Instructional hours are reported by reporting survey in accordance with the information database requirements of the Comprehensive Management Information System as specified in Rule 6A-1.0014, F.A.C.

(b) If the student’s enrollment in a course is scheduled to occur across reporting surveys, the instructional hours must be pro-rated between the surveys.

(c) The instructional hours reported must not exceed the hours for which a student has paid or deferred tuition or received a waiver for the payment of tuition. However, for students who withdrew after the district’s course drop-add period, the instructional hours may be reported through the end of the course for that survey.

(d) If a student transfers to a different section in the same course during the reporting survey, the instructional hours for the first section must be reported based on the hours from the date of enrollment to the date of transfer and the hours for the second section based upon the first date of enrollment in the new course through the last scheduled date for the course.

(e) In accordance with s. 1011.80(6)(d), F.S., instructional hours for a course or program for which the direct instructional costs have been fully funded by an external agency may not be reported. These costs include any funding provided with a source other than a district’s workforce development funds, other state funded grant programs, federal Perkins postsecondary grant funds or federal adult education funds.

(f) For any student satisfactorily completing the course competencies in fewer hours than the instructional hours for the course, the student may exit early from the course, and instructional hours may be reported for the course through the course end date for that reporting survey.

(g) If a student completed enrollment in the course without satisfying the course competency requirements, the following options are available to provide the student with any instruction required to pass the course:

1. A student may retake the course to satisfy the requirements, including payment of tuition and fees for that course and the instructional hours must be reported, or;

2. A student may audit the course to complete the remaining course competencies and the instructional hours are not reportable to the state.

(h) Instructional hours may not include lunch breaks. Student breaks may not be combined for purposes of establishing a lunch break within the course schedule.

(4) Fundable Instructional Hours for Courses Taken by Career Dual Enrollment Students. For instructional hours in courses taken by dual enrolled students to be reported and funded, the course enrollment must occur in compliance with all program requirements in ss. 1007.271, F.S. and 1011.80, F.S., including the following:

(a) The program in which the course is offered leads to the student attainment of an industry certification on the CAPE Industry Certification Funding List for the year in which the dual enrollment occurs.

(b) The course taken is scheduled to end prior to the student’s scheduled high school graduation.

(c) The program and associated courses are offered by the postsecondary school to adult students.

(d) Adult students are enrolled in the same term for at least one section in which dual enrollment occurs.

(e) The dual enrollment student was assessed for the basic skills for any program with a basic skills requirement.

(5) Reporting for IET students concurrently enrolled in adult general education (AGE) and a career and technical education (CTE) program. When instructional hours are reported for IET programs of study that offer contextualized CTE and AGE instruction where the CTE instruction is separately reportable, the CTE and AGE hours may not be double reported for the same block of time and must be reported in separate courses.

(6) Reporting Requirements for Programs in Teach-out Status. If a career certificate or applied technology diploma program is identified as scheduled for deletion from the approved program inventory, a district may report students through the spring reporting survey of the last year of eligible enrollment. No enrollment in that program may be reported after the last spring reporting survey.

(7) Emergency closures of facilities offering career certificate and applied technology diploma courses. If a school is required to close due to safety concerns, natural disasters or other circumstances that prevent normal operations, the district must develop a plan for these instances ensuring students may complete the competencies required for the course and program.

(a) The plan must include a local method for tracking alternative means for delivery of instruction, including rescheduling class times and determining alternative methods for instructional delivery.

(b) The original instructional hours may still be reported, contingent upon compliance with the requirements in subsection (3).

(8) Institutional Documentation Requirements. Each school district shall follow the requirements below as it relates to local policies and records retention requirements.

(a) Written policies and procedures must be on file to ensure local implementation and compliance with this Rule.

(b) School districts must ensure that they comply with any documentation requirements associated with the information database requirements of the Comprehensive Management Information System as specified in Rule 6A-1.0014, F.A.C.

(c) Use of withdrawal codes is a local determination, and these codes are not state reportable. Institutions must maintain local policies and procedures that establish consistent usage and assignment of withdrawal codes.

(d) Each school district shall maintain on file the information required by this rule in electronic format or hard copy for a period of three (3) reporting years or until the completion of all audits for the period during which the course is offered, whichever occurs later.

(9) Effective Reporting Year. These rules shall be effective for reporting beginning with the fall 2026 reporting term.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1011.80(12) FS. Law Implemented 1011.80 FS. History–New 8-25-26.

Fla. Admin. Code R. 6A-10.039 Planning and Coordination of Postsecondary Educational Programs

History

• Rulemaking Authority 229.053(1), 240.147(2), (5), (8), 240.209(5)(b), 240.312 FS. Law Implemented 229.053(2)(c), 240.147(2), (5), (8), 240.209(5)(b), 240.312 FS. History–New 12-6-84, Formerly 6A-10.39, Repealed 11-21-05.

Fla. Admin. Code R. 6A-10.040 Basic Skills Requirements for Postsecondary Career Certificate and Applied Technology Diploma Programs

(1) Students enrolled in a career certificate program as defined in Section 1004.02, F.S., or an Applied Technology Diploma (ATD) program as defined in Rule 6A-10.024(6), F.A.C., offered for career education credit of 450 hours or more must complete an entry-level basic skills examination within the first six (6) weeks after admission into the program. The assessment instruments and methods listed in paragraphs (1)(a) through (1)(f), of this rule, (English version only) are designated to assess student mastery of basic communication (reading language arts) and computation (mathematics) skills and must be used according to standards established for test administration and interpretation set forth in Standards for Educational and Psychological Testing (American Psychological Association (APA), American Educational Research Association (AERA), National Council on Measurement in Education (NCME), 2014) and with appropriate accommodations for students with disabilities.

(a) Tests of Adult Basic Education (TABE), Forms 13 and 14;

Basic Skills Area

Grade Level

Minimum Scale Score necessary for Demonstration Grade Level

TABE Reading

Communications (Reading and Language Arts)

8

536

9

550

10

563

11

576

12

597

TABE Language Arts

Communications (Reading and Language Arts)

8

547

9

560

10

573

11

584

12

608

TABE Math

Computations (Mathematics)

8

537

9

557

10

577

11

596

12

627

(b) Comprehensive Adult Student Assessment System (CASAS), GOALS 2 for Reading;

Basic Skills Area

Grade Level

Minimum Scale Score necessary for Demonstration Grade Level

CASAS GOALS Reading

Communications (Reading and Language Arts)

8

235

9

239

10

244

11

249

12

254

(c) Comprehensive Adult Student Assessment System (CASAS), GOALS 2 for Math:

Basic Skills Area

Grade Level

Minimum Scale Score necessary for Demonstration Grade Level

CASAS GOALS 2 Math

Computations (Mathematics)

8

229

9

236

10

241

11

245

12

249

(d) Demonstration of basic communication and computation skills pursuant to Rule 6A-10.0315, F.A.C.;

(e) 2014 GED® Tests: Reasoning through Language Arts and Mathematical Reasoning where a minimum score as required in Rule 6A-6.0201, F.A.C., has been attained on each test.

(f) A test adopted by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S., and Rule 11B-35.0011 F.A.C., used for admission into law enforcement or corrections training programs.

(2) Minimum basic skills grade levels in each career education program description adopted under Rule 6A-6.0571, F.A.C., and published annually in the curriculum frameworks and posted on the Department of Education’s website at http://www.fldoe.org/academics/career-adult-edu/career-tech-edu/curriculum-frameworks/, must be used to determine basic skills levels required for completion of career certificate or ATD programs.

(3) Students deemed to lack the required minimal level of basic skills as measured by one of the designated examinations must be provided with instruction specifically designed to correct the deficiencies. After a student completes the remediation prescribed for basic skills deficiencies, the student must be retested using an alternative form (if possible) of the same examination that was used for initial testing. A career certificate of completion or ATD shall not be awarded until the minimum, or higher, required level of basic skills, as designated in the program’s curriculum framework, is achieved.

(4) A student may be exempted from the basic skills requirements for career certificate and ATD programs as follows:

(a) An adult with a disability as defined in Section 1004.02(6), F.S., may be exempted, contingent upon the school district or Florida College System institution’s locally adopted policy addressing procedures for exempting eligible adults with disabilities as permitted in Section 1004.91(3), F.S. Alternative assessments may also be used for adults with disabilities, as set forth in subsection (7).

(b) A student who holds a high school diploma issued by a private school in compliance with Section 1002.42, F.S., may be exempted, contingent upon the submission of an official transcript and verification of the school’s eligibility.

(c) A student who has completed a home education program or a personalized education program may be exempted, contingent upon submission of an affidavit signed by the student's parent or legal guardian attesting that the student has completed a home education program pursuant to the requirements of Section 1002.41, F.S. or a personalized education program pursuant to the requirements of Section 1002.395, F.S.

(5) Procedures for students whose first language is not English:

(a) No student is exempt from this rule because of language deficiencies. If one of the approved basic skills assessment instruments cannot be administered, an alternative assessment from subsection (7) of this rule should be used for initial testing. Adult English Language Learners (ELL), must be given English language instruction and remediation in basic skills as needed to improve proficiency. The math assessment may be measured by one (1) of the designated tests in subsection (1) of this rule.

(b) ELL students must achieve the minimum grade level/scale score or higher on one of the designated tests in subsection (1) of this rule as required by the Department to be awarded a career certificate or ATD in a career education program.

(6) Minimum basic skills grade levels/scale scores achieved on one of the designated tests in Rule 6A-10.0315, F.A.C., are acceptable for a period of two (2) years. Minimum basic skills grade levels or scale scores for designated tests in subsection (1) are acceptable indefinitely. The program administrators must receive a copy of the test scores from the institution which administered the test or an official copy of the transcript.

(7) Use of alternative assessments. If the tests listed in subsection (1) do not meet the initial assessment needs of an adult with a disability or an ELL student, locally determined alternative assessment instruments may be used within the first six (6) weeks, for diagnostic and remediation purposes only.

(8) Exemptions. The following students are exempt from the basic skills examination requirement and the designated program administrator must receive an official copy of the degree, transcript, or test score in order to allow any of these exemptions;

(a) One who possesses a college degree at the associate in applied science level or higher.

(b) One who demonstrates readiness for public postsecondary education pursuant to Rule 6A-10.0315, F.A.C.

(c) One who passes a state, national or industry certification or licensure examination aligned to their career certificate career certificate or ATD program and identified in the “Basic Skills Licensure Exemption List,” effective December 2025, which is incorporated by reference herein (http://flrules.org/Gateway/reference.asp?No=Ref-18877). The Basic Skills Licensure Exemption List may be requested from the Department of Education, Division of Career and Adult Education, 325 West Gaines Street, Tallahassee, FL 32399-0400.

(d) An adult student enrolled in an apprenticeship program that is registered with the Department of Education in accordance with Chapter 446, F.S.

(e) A candidate entering a law enforcement officer basic recruit training program, if he or she is a veteran as defined in Section 1.01(14), F.S., or holds an associate degree or higher from an accredited college or university.

(9) Dual enrollment. Pursuant to paragraph (8)(b) of this rule, students enrolled in an eligible career education dual enrollment program under Section 1007.271, F.S., are exempt from the basic skills examination requirement if they have demonstrated readiness for postsecondary education in accordance with Rule 6A-10.0315, F.A.C. prior to admission into the career certificate career certificate or ATD program. Dual enrollment students who have not met this requirement must complete the basic skills examination, unless otherwise exempt.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1004.91(1) FS. Law Implemented 1004.91 FS. History–New 10-8-85, Formerly 6A-10.40, Amended 5-2-89, 9-5-93, 11-25-97, 1-24-99, 4-26-06, 7-21-08, 5-18-14, 8-26-15, 6-23-16, 2-20-18, 12-22-19, 2-16-21, 5-3-22, 2-21-23, 2-20-24, 12-24-24, 12-21-25.

Fla. Admin. Code R. 6A-10.0401 Gold Standard Career Pathways Articulation Agreements

(1) Purpose. The purpose of this rule is to facilitate the statewide articulation of industry certifications, establish the Gold Standard (“Gold Standard”) Career Pathways Articulation Agreements pursuant to Sections 1007.23(1) and 1008.44(4)(c), F.S., and guarantee the award of college credit toward applicable associate degrees for successful completion of industry certifications.

(2) Definitions.

(a) “CAPE Industry Certification Funding List” means the CAPE Industry Certification Funding List as described in Rule 6A-6.0576, F.A.C.

(b) “Gold Standard Articulation Agreements” means the list of industry certifications, corresponding associate degrees, and minimum number of credits to be awarded, and related requirements as set forth in this rule. The list is entitled the Gold Standard Career Pathways Articulation Agreements of Industry Certification to AS and AAS Degrees 2025-26 Academic Year, and is incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-19156). A copy of the list may be found at http://fldoe.org/academics/career-adult-edu/career-technical-edu-agreements/industry-certification.stml/ or requested from the Office of K-20 Articulation, Florida Department of Education, 325 West Gaines Street, Suite 1232, Tallahassee, Florida 32399.

(c) “Master Credentials List” means the Master Credentials List as described in Rule 6A-6.0576, F.A.C.

(3) Review and Approval.

(a) The Articulation Coordinating Committee will annually adopt and recommend to the State Board of Education a list of industry certifications, corresponding associate degrees, and minimum number of credits to be awarded for the earned industry certifications.

(b) Based on recommendations by the Articulation Coordination Committee, the State Board of Education will annually consider approval of the Gold Standard Articulation Agreements.

(4) Credit for Industry Certification.

(a) A Florida College System institution must award at a minimum the college credit specified in the Gold Standard Articulation Agreements if a student earns an industry certification during the agreement’s validity period, described in subsection (5), and enrolls in the eligible associate degree program within five years of earning the certification, regardless of whether the student’s certificate has expired.

(b) A Florida College System institution may, at its discretion, award credit upon expiration of the agreement’s validity period on a course-by-course basis.

(5) Validity Period.

(a) Gold Standard Articulation Agreements are valid for a period of five years and will expire at that time, unless otherwise recommended by the Articulation Coordinating Committee and approved by the State Board of Education.

(b) When an industry certification included in an agreement is removed from the CAPE Industry Certification Funding List or the Master Credentials List, and the certification is still achievable, the agreement will remain active through its validity period. When the agreement reaches the end of its validity period and the industry certification included within the agreement is still achievable, the agreement will be eligible for review and renewal, pursuant to subsection (3).

(c) When an industry certification included in an agreement is removed from the CAPE Industry Certification Funding List or the Master Credentials List, and the certification is no longer achievable, the agreement will be terminated the following academic year or upon expiration of the validity period. Students who earned the certification during its validity period and enroll in the eligible associate degree program within five years of earning the certification remain eligible to receive credit, pursuant to subsection (4).

(d) When an associate degree program included in an agreement is identified for deletion, the agreement will expire beginning with the academic year in which no new students are eligible to enroll.

History

• Rulemaking Authority 1001.02, 1007.23(1) FS. Law Implemented 1007.23, 1008.44(4) FS. History–New 3-25-13, Amended 6-25-14, 5-19-15, 7-26-16, 4-25-17, 6-19-18, 6-25-19, 6-16-20, 7-14-21, 5-3-22, 5-23-23, 2-20-24, 4-30-24, 2-18-25, 3-26-26.

Fla. Admin. Code R. 6A-10.041 Substitution for Requirements for Eligible Students with Disabilities at Florida Colleges and Postsecondary Career Centers

(1) Each district board of trustees within the Florida College System and each district school board which operates district postsecondary technical career centers under Section 1001.44, F.S., and charter technical career centers under Section 1002.34, F.S., shall develop and implement policies and procedures for providing reasonable substitution for eligible students as required by Sections 1007.264 and 1007.265, F.S. In determining whether to grant a substitution, documentation to substantiate that the disability can be reasonably expected to prevent the individual from meeting requirements for admission to the institution, admission to a program of study, entry to upper division, or graduation shall be provided. In determining whether to grant a substitution, a college may consider pertinent educational records. For purposes of this rule, the following definitions shall apply.

(a) Deaf/Hard of Hearing. A hearing loss of thirty (30) decibels or greater, pure tone average of 500, 1000, 2000, and 4000 (Hz), unaided, in the better ear. Examples include, but are not limited to, conductive hearing impairment or deafness, sensorineural hearing impairment or deafness, and high or low tone hearing loss or deafness, and acoustic trauma hearing loss or deafness.

(b) Visual Impairment. Disorders in the structure and function of the eye as manifested by at least one of the following: visual acuity of 20/70 or less in the better eye after the best possible correction, a peripheral field so constricted that it affects one’s ability to function in an educational setting, or a progressive loss of vision which may affect one’s ability to function in an educational setting. Examples include, but are not limited to, cataracts, glaucoma, nystagmus, retinal detachment, retinitis pigmentosa, and strabismus.

(c) Specific Learning Disability. A disorder in one or more of the basic psychological or neurological processes involved in understanding or in using spoken or written language. Disorders may be manifested in listening, thinking, reading, writing, spelling, or performing arithmetic calculations. Examples include dyslexia, developmental aphasia, dysgraphia, dysphasia, dyscalculia, and other specific learning disabilities in the basic psychological or neurological processes.

(d) Orthopedic Impairment. A disorder of the musculoskeletal, connective tissue disorders, and neuromuscular system. Examples include but are not limited to cerebral palsy, absence of some body member, clubfoot, nerve damage to the hand and arm, cardiovascular aneurysm (CVA), head injury and spinal cord injury, arthritis and rheumatism, epilepsy, intracranial hemorrhage, embolism, thrombosis (stroke), poliomyelitis, multiple sclerosis, Parkinson’s disease, congenital malformation of brain cellular tissue, and physical disorders pertaining to muscles and nerves, usually as a result of disease or birth defect, including but not limited to muscular dystrophy and congenital muscle disorders.

(e) Speech/Language Impairment. Disorders of language, articulation, fluency, or voice which interfere with communication, pre-academic or academic learning, vocational training, or social adjustment. Examples include, but are not limited to, cleft lip and/or palate with speech impairment, stammering, stuttering, laryngectomy, and aphasia.

(f) Emotional or Behavioral Disability. Any mental or psychological disorder including but not limited to organic brain syndrome, emotional or mental illness, or attention deficit disorders.

(g) Autism Spectrum Disorder. Disorders characterized by an uneven developmental profile and a pattern of qualitative impairments in social interaction, communication, and the presence of restricted repetitive, and/or stereotyped patterns of behavior, interests, or activities. These characteristics may manifest in a variety of combinations and range from mild to severe.

(h) Traumatic Brain Injury. An injury to the brain, not of a degenerative or congenital nature but caused by an external force, that may produce a diminished or altered state of consciousness, which results in impairment of cognitive ability and/or physical functioning.

(i) Intellectual Disability. A disorder significantly below average general intellectual and adaptive functioning manifested during the developmental period, with significant delays in academic skills. Developmental period refers to birth to eighteen (18) years of age.

(j) Other Health Impairment. Any disability not identified in paragraphs (1)(a) through (i) of this rule, where due to the identified disability, completion of this requirement is deemed impossible by a disability professional.

(2) The policies and procedures shall include at least the following:

(a) A mechanism to inform persons eligible for reasonable substitutions due to a disability;

(b) A mechanism for identifying reasonable substitutions for criteria for admission to the institution, admission to a program of study, entry to upper division, or graduation related to each disability;

(c) A mechanism for making the designated substitutions known to affected persons;

(d) A mechanism for making substitution decisions on an individual basis; and,

(e) A mechanism for a student to appeal denial of a substitution or a determination of eligibility.

(3) The policies shall provide for articulation with other state institutions which shall include, at a minimum, acceptance of all substitutions previously granted by a Florida public postsecondary institution.

(4) The policies shall include a provision that admitted students who are assessed for readiness for college-level computation and communication under paragraph 6A-10.0315(1)(a) or (1)(b), F.A.C., and whose assessment results indicate a need for developmental education may be exempt from developmental education coursework if they qualify for a course substitution.

(5) Each Florida college and postsecondary career center operated by a school district shall maintain and report records on the number of students granted substitutions by type of disability, the substitutions provided, the substitutions identified as available for each documented disability and the number of requests for substitutions which were denied. Each college within the Florida College System shall report such information to the Department of Education, Division of Florida Colleges once a year by July 1. The Course Substitution Report, Form CSR-01, (http://www.flrules.org/Gateway/reference.asp?No=Ref-14587) is incorporated by reference herein effective August 2022, can be obtained at http://fldoe.org/core/fileparse.php/3/urlt/coursesubstitutiontemplate.pdf. Each career center under Section 1001.44, F.S., and charter technical career center under Section 1002.34, F.S., shall report such information to the Department of Education, Division of Career and Adult Education once a year by July 1. The Postsecondary Career Center Course Substitution Report, Form CSR-02 is incorporated by reference herein, effective August 2022, can be obtained at (http://www.flrules.org/Gateway/reference.asp?No=Ref-14588).

History

• Rulemaking Authority 1001.02(1), (2)(n), (6), 1007.264(2), 1007.265(2) FS. Law Implemented 1007.264, 1007.265 FS. History–New 4-13-87, Amended 12-18-05, 10-25-10, 6-23-16, 8-16-22.

Fla. Admin. Code R. 6A-10.042 Test Administration and Security

(1) Tests implemented in accordance with the requirements of Sections 1003.52, 1003.56, 1007.25, 1007.35, 1008.22, 1008.25, 1008.30, 1012.55 and 1012.56, F.S., shall be maintained and administered in a secure manner such that the integrity of the tests shall be preserved.

(a) Test questions shall be preserved in a secure manner by individuals who are developing and validating the tests. Such individuals shall not reveal in any manner, verbally or in writing, the test questions under development.

(b) Tests or individual test questions shall not be revealed, copied, or otherwise reproduced by persons who are involved in the administration, proctoring, or scoring of any test.

(c) Examinees shall not be assisted in answering test questions by any means by persons administering or proctoring the administration of any test.

(d) Examinees’ answers to questions shall not be interfered with in any way by persons administering, proctoring, or scoring the examinations.

(e) Examinees shall not be given answers to items by any person.

(f) Persons who are involved in administering or proctoring the tests or persons who teach or otherwise prepare examinees for the tests, whether they be associated with a school district or educational institution under Section 1003.49, F.S., shall not participate in, direct, aid, counsel, assist in, or encourage any activity which could result in the inaccurate measurement or reporting of the examinees’ achievement.

(g) Each person who has access to tests or test questions during the development, printing, administration, or scoring of the tests shall be informed of specifications for maintaining test security, the provisions in statute and rule governing test security, and a description of the penalties for breaches of test security.

(h) During each test administration, school district, charter school sponsor, and institutional test administration coordinators and contractors employing test administrators and proctors shall ensure that required testing procedures are being followed at all test administration sites. Officials from the Department are authorized to conduct unannounced observations of test administration procedures at any test administration site to ensure that testing procedures are being correctly followed.

(i) In accordance with Section 1008.24, F.S., a school district may use district employees, such as education paraprofessionals as described in Section 1012.37, F.S.; a licensed, certified instructor; or an education services officer test administrator as described in Section 1008.213(2), F.S., to administer and proctor statewide, standardized assessments required under Section 1008.22, F.S. All test administrators and proctors for the statewide assessments administered pursuant to Rule 6A-1.09422, F.A.C., must complete training requirements outlined in Training Requirements for Administering and Proctoring the Statewide Assessments, 2023, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16042) incorporated herein by reference. A copy may be obtained by contacting the Division of Accountability, Research and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(2) Test materials, in computer-based or paper-based formats, including all test booklets and other materials containing secure test questions, answer keys, and examinee responses, shall be kept secure and precisely accounted for in accordance with the procedures specified in the test administration manuals and other communications provided by the Department. Such procedures shall include but are not limited to the following:

(a) All test materials shall be kept in secure, locked storage prior to and after administration of any test.

(b) All test materials shall be precisely accounted for and written documentation kept by test administrators and proctors for each point at which test materials are distributed and returned.

(c) Any discrepancies noted in the number or serial numbers of testing materials received from contractors shall be reported to the Department by designated institutional or school district personnel prior to the administration of the test.

(d) In the event that test materials are determined to be missing while in the possession of an institution or school district, designated institutional or school district personnel shall investigate the cause of the discrepancy and provide the Department with a report of the investigation within thirty (30) calendar days of the initiation of the investigation. At a minimum, the report shall include the nature of the situation, the time and place of occurrence, and the names of the persons involved in or witness to the occurrence. Officials from the Department are authorized to conduct additional investigations.

(e) In those cases where the responsibility for secure destruction of certain test materials is assigned by the Department to designated institutional or school district personnel, the responsible institutional or school district representative shall certify in writing that such destruction was accomplished in a secure manner.

(f) In those cases where test materials are permitted by the Department to be maintained in an institution or school district, the test materials shall be maintained in a secure manner as specified in the instructions provided by the Department. Access to the materials shall be limited to the individuals and purposes specified by the Department.

(g) Materials for computer-based testing must be kept in a secure manner. Such materials include but are not limited to test tickets, ancillaries, and scratch paper or planning sheets.

(3) In those situations where an employee of the educational institution, school district, contractor, or an education services officer, or an employee of the Department suspects an examinee of cheating on a test or suspects other violations of the provisions of this rule, a report shall be made to the department or test support contractor, as specified in the test administration procedures, within ten (10) calendar days. The report shall include a description of the incident, the names of the persons involved in or witness to the incident, and other information as appropriate. Officials from the Department are authorized to conduct additional investigations.

(4) Violations of test security provisions shall be subject to penalties provided in statute and State Board Rules.

(5) School districts and public educational institutions, may contract with third-party contractors to administer and proctor statewide standardized assessments required under Section 1008.22, F.S., or assessments associated with Florida approved courses under Section 1003.499, F.S.

(a) School districts and educational institutions must require the contractor to provide a safe and comfortable facility that does not interfere with an examinee’s ability to demonstrate mastery on the tests.

(b) School district or educational institution use of third-party contractors (including contracted affiliates, such as franchises) shall not relieve the district or institution of its obligation to provide access to statewide testing for Florida Virtual School or virtual charter school students pursuant to Sections 1002.33(20), 1002.37 and 1002.45(6)(b), F.S.

(c) The contractor must adhere to all test administration and security protocols as prescribed by the Department pursuant to Section 120.81(1)(c), F.S., and shall be subject to all provisions of this rule.

(d) The contractor must not collect nor maintain any examinee’s personally-identifiable information beyond that required for test administration.

(e) All technology used to administer computer-based tests must meet assessment technology guidelines and online test security requirements as prescribed by the Department pursuant to Section 120.81(1)(c), F.S.

(6)(a) A Florida Virtual School full-time student of a military family residing outside of Florida who is prevented by his or her parent’s or guardian’s out-of-state military duty station’s location from participating in statewide assessment in Florida must be offered flexibility with respect to remote administration of the statewide, standardized assessments set forth in Section 1008.22(3)(a), (b), and (d), F.S. In order to grant this flexibility, the student’s parent or guardian must submit to Florida Virtual School a written request for flexibility in the assessment administration(s) no later than ninety (90) days before the current school year’s assessment administration(s) for which the request is made. The request must include written, official documentation of the family’s current out-of-state military duty stationing.

(b) As soon as practicable upon receipt of the parent or guardian’s request, Florida Virtual School must verify the student’s parent or guardian’s military stationing through documentation of official orders issued by the military and submit to the Department a recommendation of approval or denial of the request. The recommendation must be submitted in a secure manner as directed by the Department and must contain the following information:

1. Student name, date of birth, and Florida Education Identifier (FLEID) Number;

2. Subject test(s) to be administered;

3. Proposed date(s) of the administration(s);

4. Description of the secure location where testing will take place;

5. Name and position of the test administrator who will give the assessment;

6. Details of when training for the test administrator will or has taken place; and

7. Confirmation by Florida Virtual School of military order.

(c) Within fourteen (14) days of Florida Virtual School’s recommendation, the Department must verify the documented information from the Florida Virtual School and notify Florida Virtual School of the grant or denial of the request.

(d) Upon receipt of the Department’s determination, Florida Virtual School must notify the parent or guardian whether the request is granted or denied.

(e) If the request is granted, the assessment(s) must be administered securely as set forth in this rule, at the student’s parent or guardian’s current military duty station in accordance with Sections 1008.213 and 1008.22, F.S. The assessment(s) must be administered by a licensed, certified instructor or an education services officer test administrator who meets the criteria specified in Section 1008.24(3)(a), F.S. Florida Virtual School is responsible for the following:

1. Ensuring that the test administration takes place in a secure location, with a device that has the secure browser installed;

2. Training the test administrator according to the requirements listed in paragraph (1)(i);

3. Providing or securing the testing device and a device for the test administrator to use during testing;

4. Ensuring that the testing device is prepared according to the contractor’s technical specifications;

5. Overseeing the administration, including providing any needed test materials, as outlined in the test administration manual; and

6. Collecting required administration information, as outlined in the test administration manual.

History

• Rulemaking Authority 1001.02, 1003.49, 1008.23, 1008.24 FS. Law Implemented 1003.49, 1008.213, 1008.22, 1008.23, 1008.24 FS. History–New 7-5-87, Amended 10-26-94, 11-3-13, 1-7-16, 3-15-22, 11-21-23.

Fla. Admin. Code R. 6A-10.043 Nonpublic College Participation in the Statewide Course Numbering System

Nonpublic colleges may participate in the statewide course numbering system pursuant to Section 1007.24, F.S.

(1) Eligibility Requirements. In order to participate an institution must:

(a) Be eligible pursuant to Section 1007.24(6), F.S.;

(b) Agree to abide by the system’s requirements and responsibilities; and,

(c) Unless exempt from paying by Section 1007.24(6), F.S., pay the required fees.

(2) Fee Schedule. The fees charged to participating institutions shall be:

(a) Application fee. A nonrefundable application fee of one thousand (1000) dollars must accompany each nonpublic institution’s initial application for participation in the statewide course numbering system.

(b) Entry Fee. The unit cost per course of entering, modifying, or terminating courses in the statewide course numbering system, including administrative, personnel, expense, and capital costs of the system.

(c) Maintenance Fee. The unit cost of maintaining courses in the system, including computing, programming, and printing costs.

(d) Fiscal Year. The period for which fees are calculated shall be from July 1 through June 30.

(e) Payment. An invoice detailing entry and maintenance fees shall be sent to each participating nonpublic institution annually, within sixty (60) days after the close of the fiscal year. The fees incurred by each college shall be payable to the Department within sixty (60) days of the invoice. An institution which fails to pay shall be withdrawn from the system.

(f) Special Review/Site Visit Fee. If a special review or site visit is requested by an institution not exempt from fees, or, in the judgement of the Department, a special review or site visit is required to assure compliance, a fee of three hundred (300) dollars will be assessed for a review. If a site visit is required, a fee of three hundred (300) dollars per day will be assessed for each Department representative conducting the site visit.

(g) Reinstatement Application Fee. Within twelve (12) months following termination of participation in the system, an institution may apply for reinstatement without having to go through the application process. All outstanding fees plus a reinstatement application fee of three hundred (300) dollars must be paid to be eligible for reinstatement. In the event that reinstatement is denied, the reinstatement application fee shall be refunded.

(h) All fees and other funds collected by the statewide course numbering system shall be deposited into the Institutional Assessment Trust Fund created by Section 1010.83, F.S., and shall be available for the authorized expenses of the system.

(3) Any nonpublic college or school which has not been accepted as a participant in the statewide course numbering system under the conditions of this rule or has been withdrawn from participation in the system shall not use the system’s course classification and identification system to record courses on student transcripts or otherwise document courses offered by the college or school using the system. Any college or school deemed to be in violation of this section shall be subject to denial, probation, or revocation of license or certificate of exemption or other disciplinary action pursuant to Section 1005.38, F.S.

History

• Rulemaking Authority 1007.24(6) FS. Law Implemented 1007.24 FS. History–New 9-6-88, Amended 3-13-95, 12-18-05.

Fla. Admin. Code R. 6A-10.044 Determination of Residency Status for Tuition Purposes

(1) The purpose of this rule is to establish consistent policies to determine the residency status for tuition purposes of students who are citizens of the United States or lawfully present in the United States. The determination of residency is to be made in accordance with criteria set forth in Federal law and Section (s.) 1009.21, Florida Statutes (F.S.), after the student has been admitted to a Florida College System institution.

(2) Definitions:

(a) “Dependent student” has the same meaning as “dependent child” as defined in s. 1009.21, F.S.

(b) “Independent student” for the purposes of residency determination shall be defined as a student meeting one of the following criteria:

1. The student is 24 years old or older by the first day of classes of the term for which residency status is sought at the institution.

2. The student is married.

3. The student has dependents that live with him or her, and the student provides more than half of the income to support those dependents.

4. The student is a graduate student or professional student.

5. The student is actively serving in the United States Armed Forces, the National Guard, or is a veteran.

6. The student is not eligible to be claimed as a dependent by his or her parent or legal guardian for federal income tax purposes according to the rules and regulations established by the United States Internal Revenue Service.

7. The student can demonstrate that he or she pays more than half of his or her tuition and required fees pursuant to s. 1009.23, F.S.

8. Both parents of the student are deceased.

(c) “Resident for tuition purposes” means an admitted or currently enrolled student who meets the residency requirements in s. 1009.21, F.S., and the provisions of this rule, and is therefore eligible to pay the resident tuition and fee rate as described in s. 1009.23, F.S.

(d) “Non-resident for tuition purposes” means an admitted or currently enrolled student who does not meet the residency requirements in s. 1009.21, F.S., and the provisions of this rule, and must therefore be charged the non-resident tuition and fee rate as described in s. 1009.23, F.S.

(3) Initial Determination of Residency. Each Florida College System institution shall develop policies and procedures for determining each admitted student’s Florida residency status for tuition purposes. Policies and procedures shall be consistent with the criteria set forth in s. 1009.21, F.S. Each institution’s residency appeal process established pursuant to s. 1009.21(12), F.S., shall be in writing in the institution’s catalog and prominently displayed on the institution’s website. Such policies and procedures shall, at a minimum, adhere to the following requirements:

(a) Each admitted student seeking to declare residency for tuition purposes shall submit a residency declaration, as prescribed by the institution, and shall submit the documentation required by the institution to establish Florida residency for tuition purposes.

(b) Each Florida College System institution shall establish submission deadlines for all documentation used to determine residency for tuition purposes.

(c) Each Florida College System institution shall provide written notice to admitted students that the burden of providing clear and convincing documentation to justify the institution’s classification of a student’s residency status for tuition purposes rests with the student or, if the student is a dependent, with the student’s parent or legal guardian. For documentation to be “clear and convincing,” it must be credible, precise, and compelling enough to persuade the institution that the student or, if that student is a dependent, the student’s legal guardian has established legal residency in Florida.

(d) Each Florida College System institution shall provide written notice requesting additional documentation to affirmatively determine residency for tuition purposes, including documentation required to review an admitted student’s citizenship status for the purposes of determining residency in accordance with s. 1009.21 (2)(d), F.S.

(e) Each Florida College System institution shall ensure that the student, parent or legal guardian has resided in Florida for at least twelve (12) consecutive months immediately preceding the term in which the student is seeking residency classification, and that their purpose for residence in the State shall not be solely for the purpose of pursuing an education, except as otherwise provided in s. 1009.21, F.S.

(f) Each Florida College System institution shall provide written notice disclosing the penalties for intentional fraud or misrepresentation of the student’s residency status, or if that student is a dependent, the student’s parent or legal guardian’s residency status.

(4) Residency Determination Documents. If a declaration of domicile, pursuant to s. 222.17, F.S., is being used as one of the documents to establish residency for tuition purposes, the date that an applicant shall be deemed as establishing residency for tuition purposes shall be twelve (12) months after the date that the Clerk of Circuit Court notes the declaration was sworn and subscribed to them. Nothing in this subsection shall prevent the use of additional documentation as evidence that legal residency was established by other means pursuant to s. 1009.21(3)(c), F.S., as of a date earlier than that established by the declaration of domicile.

(5) Residency Reclassification Determination. A currently enrolled student who is classified as a non-resident for tuition purposes must be allowed to apply for reclassification as a resident for tuition purposes if the student, or their parent or legal guardian in the case of a dependent student, is able to meet the residency requirements set forth in s. 1009.21, F.S., to be considered a resident of Florida for tuition purposes. Each institution’s residency reclassification process established pursuant to s. 1009.21(6), F.S., shall be in writing in the institution’s catalog and prominently displayed on the institution’s website.

(a) Reclassified students are not entitled to reimbursement of any non-resident tuition or fees properly assessed prior to reclassification.

(b) Reclassified students shall be assessed the resident tuition and fee rate at the start of the next academic term after the reclassification occurs based on the deadlines established by the institution.

(c) Nothing in this rule precludes an institution from requesting additional documentation as defined in s. 1009.21(3), F.S., to support a student’s request for reclassification of residency status.

History

• Rulemaking Authority 1009.21(13) FS. Law Implemented 1009.21 FS. History–New 10-6-92, Amended 10-17-00, 3-22-05, 6-22-10, 10-22-13, 12-2-15, 12-21-25.

Fla. Admin. Code R. 6A-10.045 Tuition and Fees Exemptions for Florida National Guard

History

• Rulemaking Authority 229.053(1), 240.235 FS. Law Implemented 240.235(8), 240.35(4)(a), 250.10(7) FS. History–New 2-18-93, Repealed 7-27-11.

Fla. Admin. Code R. 6A-10.0451 Tuition and Fee Waivers for Disabled Veterans

(1) Waiver. Each Florida College System institution’s district board of trustees, each district school board with a career center authorized under Section 1001.44, F.S., and each board of directors for a charter technical career center authorized under Section 1002.34, F.S., shall adopt and implement policies or procedures that waive tuition and fees for eligible disabled veterans. As used in this section, the term “disabled veteran” means an individual who is a resident of this state pursuant to Section 1009.21, F.S., and is:

(a) Determined by the United States Department of Veterans Affairs to have a service-connected one-hundred (100) percent total and permanent disability rating for compensation;

(b) Determined to have a service-connected total and permanent disability rating of one-hundred (100) percent and is in receipt of disability retirement pay from any branch of the United States Armed Services; or

(c) Issued a valid identification card by the Department of Veterans Affairs in accordance with Section 295.17, F.S. that shows eligibility for any benefit provided by state law for one-hundred (100) percent, service-connected permanently and totally disabled veterans.

(2) Eligibility. Each institution must determine and verify student eligibility, including any necessary documentation to demonstrate eligibility. Evidence of eligibility must include:

(a) Documentation of Service and Separation. Such documents may include, but are not limited to:

1. DD-214, “Certificate of Release or Discharge from Active Duty;” or

2. Retirement or separation orders; or

3. Official statement from military personnel records center.

(b) Documentation of Compensable Service-Connected Disability. Such documents may include, but are not limited to:

1. An official document from the Department of Veterans Affairs or an Armed Forces branch certifying the one-hundred (100) percent total and permanent service-connected disability rating; or

2. An official document or retired orders from an Armed Forces branch showing that the veteran was retired due to a service-connected disability or has been transferred to a Disability Retirement List with a one-hundred (100) percent total and permanent service-connected disability rating.

(c) Documentation of the portion of tuition and fees paid in accordance with federal law. Such documents may include, but are not limited to:

1. A Veteran Affairs Award Letter showing a one-hundred (100) percent total and permanent service-connected disability rating and the portion of tuition and fees paid in accordance with federal law.

2. An official document from the Department of Veterans Affairs showing the portion of tuition and fees paid in accordance with federal law.

(3) Waiver Implementation. Pursuant to Section 295.011, F.S., beginning with the 2022-2023 academic year, a disabled veteran enrolled in a program of education approved for educational assistance under 38 U.S.C. s. 3313 who meets the eligibility criteria of subsection (2) and who does not qualify for the one-hundred (100) percent eligibility tier under federal law is eligible to receive a waiver for tuition and fees.

(a) The waiver amount is equal to the difference between the portion of tuition and fees paid in accordance with federal law and the full amount of tuition and fees at the institution attended. The amount waived by the institution is not to be determined until after the application of federal benefits under 38 U.S.C. s. 3313 and the application of federal or state scholarships and grants received by the student.

(b) Each Florida College System institution’s board of trustees, each district school board with a career center authorized under Section 1001.44, F.S., and each board of directors for a charter technical career center authorized under Section 1002.34, F.S., shall report to the State Board of Education the number and value of all fee waivers granted annually.

(c) All students receiving benefits under this rule must be enrolled according to the customary rules and requirements and comply with the ordinary and minimum requirements of the institution attended.

(4) Pursuant to Section 1009.285, F.S., a student will be required to pay tuition at one-hundred (100) percent of the full cost of instruction upon the third attempt of a course unless the Florida College System institution has granted an exception due to extenuating circumstances.

History

• Rulemaking Authority 295.011(2)(b) FS. Law Implemented 295.03, 295.05, 295.011 FS. History‒New 11-23-22.

Fla. Admin. Code R. 6A-10.050 The Recovery Network Program

History

• Rulemaking Authority 1001.02(1), 1012.798 FS. Law Implemented 1012.798 FS. History–New 1-2-95, Repealed 4-25-17.

Fla. Admin. Code R. 6A-10.051 Approval of Treatment Providers by the Recovery Network Program

(1) Treatment providers for the Recovery Network Program must be approved by the Recovery Network Program to treat or evaluate participants in the program and shall be either:

(a) Individual treatment providers; or

(b) Treatment programs.

(2) The Recovery Network Program shall approve an individual treatment provider if the individual treatment provider meets the following criteria:

(a) Is certified by a state-approved certification board, state licensed, or nationally certified, with the certification or licensure being in treatment for the specific impairment identified;

(b) Has at least three (3) years of experience;

(c) Executes a contract, Form #RNP-2, adopted by Rule 6A-10.053, F.A.C., with the participant and the Recovery Network Program; and,

(d) Agrees to provide, at minimum, monthly progress reports regarding treatment of the participant for submission to the Recovery Network Program.

(3) The Recovery Network Program shall approve a treatment program if the treatment program:

(a) Is a state-licensed clinical setting, and if not located in the State of Florida, the treatment program must be nationally accredited and meet all requirements for licensure in the state where located;

(b) Submits one of the following to the Recovery Network Program:

1. Proof of accreditation by the Joint Commission on Accreditation of Health Care Organizations (JCAHCO) including the JCAHCO report of the program,

2. Proof of accreditation by the Council on Accreditation of Rehabilitation Facilities, or

3. Proof of licensure, appropriate for each specific impairment identified for treatment, under Chapter 394, 395, or 397, F.S.

(c) Executes a contract, Form #RNP-2, adopted by Rule 6A-10.053, F.A.C., with the participant and the Recovery Network Program; and,

(d) Agrees to provide, at minimum, monthly written progress reports regarding treatment to the participant.

(4) The Recovery Network Program shall rescind approval of a treatment provider if the treatment provider:

(a) Fails to maintain all qualifications required by subsections (2) and (3) of this rule;

(b) Fails on two (2) occasions to comply with the terms of any contract entered into with a participant and the Recovery Network Program in accordance with this rule;

(c) Fails on two (2) occasions to provide a participant with, at minimum, a monthly written progress report regarding treatment;

(d) Fails on two (2) occasions to ensure that participants under the treatment provider’s care receive treatment that meets or exceeds the standard of care required by law and by professional standards of practice;

(e) Receives a suspension, revocation, or other discipline resulting in the restriction of the scope of practice of a license, certification, or accreditation that is required for approval of the treatment provider pursuant to subsections (2) and (3) of this rule, that limits the ability to provide services;

(f) Receives three (3) instances of disciplinary action of any kind against its license, certification, or accreditation that is required for approval of the treatment provider pursuant to subsections (2) and (3) of this rule;

(g) Has charged participant fees for services in excess of the reasonable, prevailing fees and charges for the same or similar services in the provider’s local area;

(h) Has charged participant fees for services in excess of those outlined by the treatment provider’s fee schedule provided to the participant and the Recovery Network Program in accordance with Rule 6A-10.053, F.A.C.; or

(i) Fails on two (2) occasions to contact a participant or the Recovery Network Program within two (2) business days of receiving an inquiry.

History

• Rulemaking Authority 1001.02(1), 1012.798(12) FS. Law Implemented 1012.798 FS. History–New 1-9-95, Amended 6-20-17.

Fla. Admin. Code R. 6A-10.052 Participation in the Recovery Network Program

(1) A participant enrolled in the Recovery Network Program shall:

(a) Execute a “Recovery Network Program Intake and Limited Waiver of Confidentiality Form (Form #RNP-1),” (http://www.flrules.org/Gateway/reference.asp?No=Ref-08260), effective June 2017, and hereby adopted and incorporated by reference, allowing the Recovery Network Program to discuss the participant’s requirements for and participation in the program with the treatment provider and the participant’s current employer. The incorporated form is available from the Recovery Network Program, 325 West Gaines Street, Ste. 224, Tallahassee, Florida, 32399;

(b) Execute a contract, Form #RNP-2, as adopted by Rule 6A-10.053, F.A.C., with the treatment provider(s) and the Recovery Network Program;

(c) Follow a treatment plan developed by the treatment provider;

(d) Authorize monitoring of the treatment plan by the Recovery Network Program;

(e) Participate in the Recovery Network Program until discharged from treatment by the treatment provider in consultation with the Recovery Network Program;

(f) Authorize the Recovery Network Program’s notification of the participant’s employer upon notification from the treatment provider that the participant is unable to perform his or her professional duties;

(g) Notify the Recovery Network Program of any change in employment or the participant’s contact information within forty-eight hours of the change; and,

(h) Provide progress reports received from the treatment provider to the Recovery Network Program within one (1) week of receipt.

(2) Participation in a treatment program is progress driven, and therefore, the participant is required to make satisfactory progress in the treatment program as determined by the Recovery Network Program. The Recovery Network Program shall use the following factors to evaluate the participant’s progress:

(a) Attendance at scheduled appointments as documented by the treatment provider;

(b) Meeting of treatment goals as prescribed in the original or amended treatment plan accepted by the Recovery Network Program;

(c) Results of substance abuse screenings. Positive screenings which are the result of the use of a documented prescription or other substance administered based on a physician’s orders will be considered a negative screening;

(d) Maintenance of contact with and responses to correspondence from the Recovery Network Program;

(e) Submittal to periodic and random blood, hair, or urine screening on the day selected as directed by the Recovery Network Program, the treatment provider(s), or the employer. The educator must bear the cost for all screenings;

(f) Whether participant has proven to be incompetent as provided by Section 1012.795(1)(c), F.S.;

(g) Endangerment of the health, safety, or welfare of students, colleagues, or the general public; and,

(h) Remaining free from substances with dependence liability except when such substances are prescribed by the participant’s physician.

History

• Rulemaking Authority 1001.02(1), 1012.798(12) FS. Law Implemented 1012.798 FS. History–New 1-2-95, Amended 6-20-17.

Fla. Admin. Code R. 6A-10.053 Evaluating and Treating Program Participants

(1) Approved treatment providers shall not provide both evaluation services and treatment to the same participant in the Recovery Network Program.

(2) For evaluations, an approved treatment provider shall:

(a) Execute a contract, “The Recovery Network Program Contract Form (Form #RNP-2),” (http://www.flrules.org/Gateway/reference.asp?No=Ref-08261), effective June 2017, and hereby adopted and incorporated by reference, with the participant and the Recovery Network Program that identifies the responsibilities of the treatment provider, the participant, and the Recovery Network Program prior to the treatment provider conducting an evaluation. The incorporated form is available from the Recovery Network Program, 325 West Gaines Street, Suite 224, Tallahassee, Florida 32399;

(b) Provide the participant and the Recovery Network Program notice of the treatment provider’s fees for services and for reports prior to the treatment provider conducting an evaluation; and,

(c) Provide the Recovery Network Program a written evaluation of the participant. The participant shall also be provided a copy of the written evaluation unless providing access to the evaluation would be harmful to the participant as determined by the treatment provider in accordance with applicable professional standards. The written evaluation shall include, but is not limited to, the following:

1. Participant’s history;

2. Participant’s presenting problem;

3. Participant’s assessment results;

4. Participant’s diagnosis;

5. Participant’s prognosis;

6. The treatment provider’s opinion as to the severity of the participant’s impairment;

7. The treatment provider’s recommendation regarding treatment; and,

8. If requested by the Recovery Network Program, to the extent the treatment provider may ethically predict, written verification as to whether the participant at the time of the evaluation:

a. Is capable of assuming his or her professional duties; or

b. Poses a threat to students.

(d) For participants being evaluated for substance abuse, include in the written evaluation required by paragraph (2)(c) of this rule:

1. Participant’s substance use history,

2. A description of participant’s legal, social, professional, family, and financial problems resulting from the participant’s substance abuse; and,

3. Participant’s prior substance abuse treatment.

(3) For treatment of participants, the treatment provider shall:

(a) Prior to initiating treatment, execute a contract, Form #RNP-2, adopted herein, with the participant and with the Recovery Network Program that identifies the responsibilities of the participant, the treatment provider, and the Recovery Network Program.

(b) Provide the participant and the Recovery Network Program notice of the treatment provider’s fees for services and for reports prior to initiating treatment; and,

(c) Provide the participant, at minimum, monthly written progress reports regarding his or her progress toward the completion of goals outlined in the treatment plan.

History

• Rulemaking Authority 1001.02(1), 1012.798(12) FS. Law Implemented 1012.798 FS. History–New 1-2-95, Amended 6-20-17.

Fla. Admin. Code R. 6A-10.060 The Dale Hickam Excellent Teaching Program

History

• Rulemaking Authority 1012.72 FS. Law Implemented 1012.72 FS. History–New 7-12-99, Amended 5-29-00, 5-25-04, 6-21-05, Repealed 2-16-21.

Fla. Admin. Code R. 6A-10.070 Discounted Computers and Internet Access for Students

(1) Eligibility and Notification.

(a) Discounted computers and Internet access are available for any student enrolled in grades 5-12 in a public school, including a charter school, and students registered with a district home education program in the state.

(b) One computer per student will be available for distribution once per school year.

(c) The Department of Education will work with districts to notify students and parents of the locations where discounted computers and Internet access are available for purchase. Multimedia and print methods to be used include, but are not limited to, newsletters, brochures, websites, emails, or phone calls.

(2) Training.

(a) Training for students shall be created or adopted by each school district which must include the following components:

1. Cybersafety;

2. Basic technology skills;

3. Basic computer troubleshooting;

4. Ethical internet usage; and,

5. Compliance with copyright laws.

(b) Training shall be implemented for the 2009-10 school year and every subsequent school year.

(c) A training component for parents and families is encouraged, but not mandatory.

(d) The training for students will be conducted online or face-to-face.

(3) Certificates and Payments.

(a) Students are qualified to receive an eligibility certificate after completing training through their school district.

(b) Districts shall print Form DCIAS-01, Eligibility Certificate, which is hereby incorporated by reference in this rule to become effective with the effective date of this rule. Form DCIAS – 01 may be obtained on the Department’s website at http://www.fldoe.org/bii/Instruct_Tech/discount.asp or by contacting the Division of Public Schools at 325 West Gaines Street, Room 126, Tallahassee, Florida 32399-0400.

(c) Vendors distributing discounted computers and Internet access will determine payment options for students and parents.

History

• Rulemaking Authority 1001.02(1), 1001.29(4) FS. Law Implemented 1001.29 FS. History–New 11-26-08.

Fla. Admin. Code R. 6A-10.080 Code of Ethics of the Education Profession in Florida

History

• Rulemaking Authority 1001.02 FS. Law Implemented 1012.34, 1012.795, 1012.796 FS. History–New 3-24-65, Amended 8-9-69, Repromulgated 12-5-74, Amended 8-12-81, 7-6-82, Formerly 6B-1.01, 6B-1.001, Repealed 3-23-16.

Fla. Admin. Code R. 6A-10.081 Principles of Professional Conduct for the Education Profession in Florida

(1) Florida educators shall be guided by the following ethical principles:

(a) The educator values the worth and dignity of every person, the pursuit of truth, devotion to excellence, acquisition of knowledge, and the nurture of democratic citizenship. Essential to the achievement of these standards are the freedom to learn and to teach and the guarantee of equal opportunity for all.

(b) The educator’s primary professional concern will always be for the student and for the development of the student’s potential. The educator will therefore strive for professional growth and will seek to exercise the best professional judgment and integrity.

(c) Aware of the importance of maintaining the respect and confidence of one’s colleagues, of students, of parents, and of other members of the community, the educator strives to achieve and sustain the highest degree of ethical conduct.

(2) Florida educators shall comply with the following disciplinary principles. Violation of any of these principles shall subject the individual to revocation or suspension of the individual educator’s certificate, or the other penalties as provided by law.

(a) Obligation to the student requires that the individual:

1. Shall make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety.

2. Shall not unreasonably restrain a student from independent action in pursuit of learning.

3. Shall not unreasonably deny a student access to diverse points of view.

4. Shall not intentionally suppress or distort subject matter relevant to a student’s academic program.

5. Shall not intentionally expose a student to unnecessary embarrassment or disparagement.

6. Shall not intentionally provide classroom instruction to students in prekindergarten through grade 8 on sexual orientation or gender identity, except when required by Sections 1003.42(2)(n)3. and 1003.46, F.S.

7. Shall not intentionally provide classroom instruction to students in grades 9 through 12 on sexual orientation or gender identity unless such instruction is required by state academic standards as adopted in Rule 6A-1.09401, F.A.C., or is part of a reproductive health course or health lesson for which a student’s parent has the option to have his or her student not attend.

8. Shall not intentionally violate or deny a student’s legal rights.

9. Shall not discourage or prohibit parental notification of and involvement in critical decisions affecting a student’s mental, emotional, or physical health or well-being unless the individual reasonably believes that disclosure would result in abuse, abandonment, or neglect as defined in Section 39.01, F.S.

10. Shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. Discrimination on the basis of race, color, national origin, or sex includes subjecting any student to training or instruction that espouses, promotes, advances, inculcates, or compels such student to believe any of the concepts listed in Section 1000.05(4)(a), F.S.

11. Shall not exploit a relationship with a student for personal gain or advantage.

12. Shall keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.

13. Shall not violate s. 553.865(9)(b), F.S., which relates to entering restrooms and changing facilities designated for the opposite sex on the premises of an educational institution.

14. Shall not violate s. 1000.071, F.S., which relates to the use of personal titles and pronouns in educational institutions.

(b) Obligation to the public requires that the individual:

1. Shall take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated.

2. Shall not intentionally distort or misrepresent facts concerning an educational matter in direct or indirect public expression.

3. Shall not use institutional privileges for personal gain or advantage.

4. Shall accept no gratuity, gift, or favor that might influence professional judgment.

5. Shall offer no gratuity, gift, or favor to obtain special advantages.

(c) Obligation to the profession of education requires that the individual:

1. Shall maintain honesty in all professional dealings.

2. Shall not on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition if otherwise qualified, or social and family background deny to a colleague professional benefits or advantages or participation in any professional organization.

3. Shall not interfere with a colleague’s exercise of political or civil rights and responsibilities.

4. Shall not engage in harassment or discriminatory conduct which unreasonably interferes with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which creates a hostile, intimidating, abusive, offensive, or oppressive environment; and, further, shall make reasonable effort to assure that each individual is protected from such harassment or discrimination.

5. Shall not make malicious or intentionally false statements about a colleague.

6. Shall not use coercive means or promise special treatment to influence professional judgments of colleagues.

7. Shall not misrepresent one’s own professional qualifications.

8. Shall not submit fraudulent information on any document in connection with professional activities.

9. Shall not make any fraudulent statement or fail to disclose a material fact in one’s own or another’s application for a professional position.

10. Shall not withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.

11. Shall provide upon the request of the certificated individual a written statement of specific reason for recommendations that lead to the denial of increments, significant changes in employment, or termination of employment.

12. Shall not assist entry into or continuance in the profession of any person known to be unqualified in accordance with these Principles of Professional Conduct for the Education Profession in Florida and other applicable Florida Statutes and State Board of Education Rules.

13. Shall self-report to a school district authority as determined by the superintendent, or other appropriate authority such as a charter school or university lab school administrator, the following:

a. Any arrest for a felony or misdemeanor offense listed under s. 435.04(2), F.S. The report must be made within 48 hours of the arrest; and

b. Any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or nolo contendere for any criminal offense other than a minor traffic violation within 48 hours after the final judgment or commitment to a pretrial diversion program.

14. Shall report to appropriate authorities any known allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 1012.795(1), F.S.

15. Shall seek no reprisal against any individual who has reported any allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 1012.795(1), F.S.

16. Shall comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice.

17. Shall, as the supervising administrator, cooperate with the Education Practices Commission in monitoring the probation of a subordinate.

18. Shall, if in the position of a supervising administrator, cooperate with all investigations conducted by the Florida Department of Education.

(d) A certificate holder serving as a school principal shall not prevent, direct school personnel to prevent, or allow school personnel to prevent students from accessing any material used in a classroom, made available in a school or classroom library, or included on a reading list unless the certificate holder or his or her designee has reviewed the material and determines it violates the prohibitions in Section 1006.28(2)(a)2., F.S., the material is unavailable to students based upon school board polices adopted to implement Section 1006.28(2)(d), F.S., or it was determined under the district’s objection process adopted to implement Section 1006.28(2)(a)2., F.S., that the material violated one of the prohibitions in that section.

History

• Rulemaking Authority 1001.02, 1012.795(1)(j), 1012.779 FS. Law Implemented 1012.795 FS. History–New 7-6-82, Amended 12-20-83, Formerly 6B-1.06, Amended 8-10-92, 12-29-98, Formerly 6B-1.006, Amended 3-23-16, 11-22-22, 2-21-23, 5-23-23, 8-22-23, 5-30-24, 10-28-25.

Fla. Admin. Code R. 6A-10.082 Mandatory Reporting of Offenses Affecting the Health, Safety and Welfare of Florida Students

(1) Definitions. For the purposes of this rule, the following definitions apply:

(a) “Administrative personnel” means any K-12 personnel, as defined by Section 1012.01(3), F.S.

(b) “Instructional personnel” means any K-12 staff member as defined by Section 1012.01(2), F.S.

(c) “Substantiated allegation” means evidence of guilt that goes beyond reasonable suspicion and which supports a finding of probable cause to believe the conduct has occurred. It does not require the completion of an investigation and can be a preliminary determination.

(2) Beginning with the 2019-20 school year, in order to provide the Department with information which will form the basis of a complaint to recommend revocation, suspension or other penalty of a educator’s certificate and in order to provide the Commissioner information so that he can exercise his authority to request the reassignment of personnel from direct student contact, within twenty-four (24) hours of the matter coming to the attention of a school district, a school district superintendent must report to the Department of Education an arrest or conviction of any administrative or instructional personnel for any of the offenses listed below. The same reporting requirements apply where there are substantiated allegations of misconduct by any administrative or instructional personnel that would constitute any of the offenses listed below, regardless of whether there has been an arrest or conviction.

(a) Felony offenses:

1. Section 782.04, F.S., relating to murder.

2. Section 782.07, F.S., relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.

3. Section 787.01, F.S., relating to kidnapping.

4. Section 787.04(2), F.S., relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending custody proceedings.

5. Section 787.04(3), F.S., relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.

6. Section 794.011, F.S., relating to sexual battery.

7. Section 794.05, F.S., relating to unlawful sexual activity with certain minors.

8. Section 796.04, F.S., relating to forcing, compelling, or coercing another to become a prostitute.

9. Section 796.05, F.S., deriving support from the proceeds of prostitution.

10. Section 800.101, F.S., relating to offenses against students by authority figures.

11. Section 825.1025, F.S., relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.

12. Section 827.071, F.S., relating to sexual performance by a child.

(b) Felony or misdemeanor offenses:

1. Section 787.025, F.S., relating to luring or enticing a child.

2. Section 796.06, F.S., renting space to be used for lewdness, assignation, or prostitution.

3. Section 796.07, F.S., prohibiting prostitution and related acts.

(c) Any criminal act committed in another state, or under federal law, which if committed in Florida constitutes an offense prohibited under any statute listed in paragraph (2)(a) or (2)(b) of this rule.

(3) The superintendent’s report pursuant to subsection (2) to the Department of Education must include, at a minimum:

(a) The name of the instructional or administrative staff person arrested, convicted, or implicated by a substantiated allegation of misconduct;

(b) The name of the institution where the person is or was employed;

(c) The date on which the school district became aware of the arrest, conviction, or substantiated allegation of misconduct;

(d) A summary of the substantiated allegations of misconduct giving rise to this report; and

(e) A description of any action taken by the district in response.

(4) The superintendent’s report must be emailed to the Department of Education at the following address: 24hr.DistrictReporting@fldoe.org.

(5) The Department of Education’s Office of Professional Practices Services must at a minimum:

(a) Within twenty-four (24) hours, place an administrative notification on the educator’s profile screen in the database maintained by the Bureau of Educator Certification and the Office of Professional Practices Services shall notify the Commissioner within twenty-four (24) hours;

(b) Prioritize the case and immediately begin the investigation to expedite presentation of the case to the Commissioner of Education for the Commissioner’s consideration of probable cause to sanction the educator’s certificate.

History

• Rulemaking Authority 1001.02(1), 1001.02(2)(n), 1012.796 FS. Law Implemented 1012.796(1), 1012.796(5) FS. History–New 10-6-19, Amended 10-27-20.

Fla. Admin. Code R. 6A-10.083 Standards Relating to Gross Immorality and Acts of Moral Turpitude

(1) For the purpose of Section 1012.795(1)(d), F.S., the term gross immorality is defined as conduct that is inconsistent with the standards of public conscience and good morals. It is conduct that is serious, rather than minor in nature, and that constitutes a flagrant disregard for proper moral standards. Further, the conduct brings the individual concerned or the education profession into public disgrace or disrespect and impairs the individual’s service in the community.

(2) Without limiting the conduct here defined, conduct listed below in paragraphs (2)(a)-(c), will prompt review for gross immorality. Except as provided in subsection (5), in determining whether the conduct, act or omission meets the definition of gross immorality, the factors found in subsection (4) must be considered.

(a) An act or omission, regardless of whether the individual is charged with or convicted of any criminal offense, that would constitute a felony or a first degree misdemeanor under the laws of the State of Florida or equivalent law in another state or U.S. Territory, or laws of the United States of America.

(b) An act or omission that results in the intentional falsification of any document or information submitted by an educator for the purpose of inducing the Florida Department of Education to issue, reissue, or renew a Florida educator’s certificate.

(c) An intentional violation of test or exam security protocols with the purpose of altering the results for the personal benefit of the educator or which results in a negative impact upon a student or school, such as the invalidation of a student’s results/score or requiring a student to re-take a test or use an alternate assessment measure.

(3) For the purpose of Sections 1012.795(1)(d) and 1012.796, F.S., an act of moral turpitude is defined as a crime, regardless of whether the individual is charged or convicted, that is a felony or a first degree misdemeanor under the laws of the State of Florida or equivalent law in another state or U.S. Territory, or laws of the United States of America, that is evidenced by an act of baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time, a man owes to his or her fellow man or to society in general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude.

(4) Except as provided in subsection (5), the following factors shall be considered in determining whether an act or omission rises to the level of gross immorality or moral turpitude under subsections (1), (2), and (3):

(a) The educator’s dishonesty or deception;

(b) The educator’s use, attempted use or threatened use, of violence;

(c) The educator’s malice or cruelty;

(d) The educator’s deliberation, premeditation, or contemplation of an act;

(e) The educator’s repeated behavior that displays a disregard for law, order, or human safety;

(f) The harm, injury or insult to the victim;

(g) The age, ability or limitation of the victim;

(h) The benefit derived by the educator;

(i) The presence or absence of mitigating factors, such as the educator’s age, experience, mental illness, or actions in self-defense.

(5) An act or omission, regardless of whether the individual is charged with or convicted of any criminal offense, that would constitute a violation of Sections 794.011, 794.027, 794.05, 794.051, 800.02, 800.03, 800.04, 800.09, 800.101, 827.03, 827.04, 827.071, 827.10, or 827.11, F.S., is presumed to be a gross immorality, unless the certificate holder can prove by a preponderance of the evidence through mitigating factors that the act or omission was not one of gross immorality.

(6) Accidental, negligent or reckless conduct alone, does not meet the definition of an act of moral turpitude or gross immorality.

History

• Rulemaking Authority 1001.02(2)(n), 1012.795(1)(d), 1012.796 FS. Law Implemented 1012.795(1)(d), 1012.796 FS. History‒New 5-27-15, Amended 9-26-23.

Fla. Admin. Code R. 6A-10.084 Disqualification List

(1) Purpose. The purpose of this rule is to set forth the criteria for placement on the Disqualification List and removal from the list, as well as the responsibilities of entities that report persons for inclusion on the list.

(2) Definitions. In this rule, the terms are defined as follows:

(a) “Applicant” means a person who is applying for an initial athletic coaching, temporary or professional certificate, as provided in subparagraph (1)(a)1. of Rule 6A-4.0012, F.A.C.;

(b) “Clear and convincing evidence or material” means evidence relied upon at hearing, or the material or information relied upon in the absence of a hearing, such as videos, witness statements, and admissions, is of such weight and credibility that they produce a firm belief, without hesitancy of a fact;

(c) “Commissioner” means the Commissioner of Education as set forth in Section 1001.10, F.S.;

(d) “Conviction” means an adjudication of guilt by a court, after a determination of guilt by verdict or a plea of guilt; as well as where a person is found guilty, plead guilty or plead nolo contendere and adjudication of guilt is withheld;

(e) “Covered position” means a position held by instructional personnel, administrative personnel and educational support persons, as defined by Sections 1012.01(2), (3) and (6), F.S., and as determined by the employing school district, charter school or private scholarship school;

(f) “Department” means the Department of Education;

(g) “Education Practices Commission” (EPC) means the commission established under Section 1012.79, F.S.;

(h) “Educator certificate” means any certificate awarded under Section 1012.55, F.S., and identified in Rule 6A-4.002, F.A.C.;

(i) “Employment” or “employed” means any person performing services in a covered position for a school district, charter school or private scholarship school, regardless of whether the person is hired and paid directly by the district, charter school or private scholarship school, or hired and paid through a contract the school district, charter school or private scholarship school has with a third party;

(j) “Private scholarship school” means a school participating in an educational scholarship program established in Chapter 1002, F.S.;

(k) “Reporting entity” means the following entities that report a person for the Disqualification List: a school district, charter school, private scholarship school, the EPC and the Commissioner;

(l) “Resigned in lieu of termination” means the voluntary separation or retirement by the employee after receiving any notice, whether formal or informal, that the school district intends to dismiss or seek removal of the employee for circumstances that constitute cause, or resignation or retirement by the employee while under investigation for sexual misconduct with a student;

(m) “Separated due to termination” means termination of the employment relationship by the school district for cause. It does not include non-renewal of a professional, annual or probationary contract unrelated to cause, to a workforce reduction or to another separation instituted by a school district unrelated to cause; and

(n) “Sexual misconduct with a student” means any behavior or act, whether physical, verbal or electronic, by a person in a covered position with a prekindergarten through 12th grade student, regardless of the age or consent of the student, which is intended to erotically stimulate either person or which is likely to cause such stimulation. Examples of sexual misconduct with a student may include all of the following conduct:

1. Making lewd or lascivious remarks to a student or performing such acts in the presence of a student;

2. Kissing a student, intentionally touching a student's breast(s) or sexual organs, regardless of whether the student is clothed;

3. Sending, providing or exchanging nude or semi-nude pictures with a student or a request for the same; and

4. Any attempt to engage, or offer to engage, a student in any behavior or act which would constitute sexual misconduct with a student, if completed.

(3) The Roles of the Department and Reporting Entities.

(a) The Disqualification List serves as an employment screening resource for school districts, charter schools and private scholarship schools, along with the Department’s Teacher Certification Database referenced in Section 1001.10(5), F.S.

(b) It is the responsibility of a reporting entity to:

1. Ensure that only persons subject to the list as set forth in this rule are submitted to the Department for placement on the Disqualification List;

2. Designate a person responsible for providing information and responding to Department inquiries related to the Disqualification List; and

3. Provide written notice to any person submitted for inclusion on the Disqualification List of the following statement:

ANY PERSON ON THE DISQUALIFICATION LIST MAINTAINED BY THE FLORIDA DEPARTMENT OF EDUCATION UNDER SECTION 1001.10(4), F.S., MAY NOT SERVE OR APPLY TO SERVE AS AN EMPLOYEE OR CONTRACTED PERSONNEL AT A PUBLIC SCHOOL OR PRIVATE SCHOOL THAT PARTICIPATES IN A STATE SCHOLARSHIP PROGRAM UNDER CHAPTER 1002, F.S. A PERSON WHO KNOWINGLY VIOLATES THIS PROVISION COMMITS A FELONY OF THE THIRD DEGREE, PUNISHABLE AS PROVIDED IN SECTION 775.082, F.S., OR SECTION 775.083, F.S.

(c) It is the responsibility of the Department to:

1. Host the site for the Disqualification List and serve as the administrator for the list;

2. Notify reporting entities of any additional information needed in order for the Department to include a person on the list; and

3. Consider requests for removal from the list in accordance with subsection (9) of this rule.

(d) The Department, as the List Administrator, will not reweigh the underlying facts which results in placement of a person on the list as a result of action by a reporting entity.

(4) Reporting Requirements for Final Order or Report.

(a) In order for a person to be included on the Disqualification List, reporting entities must issue a final order or report as described in this subsection.

1. Where the reporting entity is a school district, the EPC or the Commissioner, a final order, issued under the provisions of Chapter 120, F.S., must be issued.

2. Where the reporting entity is a charter school, in order to submit a person for inclusion on the Disqualification List, the governing authority of the school must issue and maintain a written report adopted in accordance with the procedures set forth in subsection (7) of this rule.

3. Where the reporting entity is a private scholarship school, in order to submit a person for inclusion on the Disqualification List, the governing authority of the school must issue and maintain a written report adopted in accordance with the procedures set forth in subsection (6) of this rule.

(b) In order for a school district, charter school or private scholarship school to report a person for inclusion on the Disqualification List, the final order or report must include the following information:

1. A determination that the person is ineligible for employment with the entity;

2. This determination is based upon a finding, supported by clear and convincing evidence or material, that the person committed either sexual misconduct with a student, as defined by this rule, or has been convicted, as defined by this rule, of one of the crimes authorized by Section 1012.315, F.S., and listed in Section 435.04(2), F.S.; and

3. The sexual misconduct or crime occurred on or after June 1, 2022, while the person was employed by the reporting entity in a covered position.

(c) In order for the Commissioner to report a person for inclusion on the Disqualification List, the final order must include the following information:

1. The authority to own or operate a private school in this state is permanently denied or revoked on or after June 1, 2022; and

2. This action is based upon a finding, supported by clear and convincing evidence or material, that the person, while in the capacity of an owner or operator of an educational institution, is operating or has operated an educational institution in a manner contrary to the health, safety or welfare of the public.

(d) In order for the EPC to report a person who holds an educator certificate for inclusion on the Disqualification List, the final order must include the following information:

1. The ability of the person to hold an educator certificate is permanently denied or revoked on or after June 1, 2022;

2. This penalty is based upon a finding, supported by clear and convincing evidence or material, that the person committed either sexual misconduct with a student, as defined by this rule, or has been convicted, as defined by this rule, of one of the crimes authorized by Section 1012.315, F.S., and listed in Section 435.04(2), F.S.; and

3. The sexual misconduct or crime occurred on or after June 1, 2022.

(e) In order for the EPC to report a person who is an applicant for an educator certificate, as defined in this rule, for inclusion on the Disqualification List, the final order must include the following information:

1. A determination that the person is ineligible for an educator certificate, made on or after June 1, 2022; and

2. This determination is based upon a finding, supported by clear and convincing evidence or material, that the person committed either sexual misconduct with a student, as defined by this rule, or has been convicted, as defined by this rule, of one of the crimes authorized by Section 1012.315, F.S., and listed in Section 435.04(2), F.S.

(5) Reporting a Person for the Disqualification List.

(a) Reporting entities must report a person to the Disqualification List within 48 hours of the date when the final order or report referenced in subsection (4) is final and filed with the reporting entity.

(b) In order to submit a person for the Disqualification List, all reporting entities must utilize the online reporting tool accessible at http://fldoe.org/disqualificationlist and provide the following information:

1. The name, date of birth and last four numbers of the social security number of the person to be included on the list;

2. The date and number of the final order or report;

3. The information that must be included in the final order or report, as set forth in paragraphs (4)(b)-(e), of this rule; and

4. Confirmation that the person was provided written notice of the consequence of placement on the Disqualification List, as set forth in the capitalized language found in subparagraph (3)(b)3. of this rule.

(6) Procedures Specific to Private Scholarship Schools. In order to ensure that any person submitted for inclusion on the Disqualification List by a private scholarship school receives a level of process comparable to persons submitted by a school district, prior to submission of a person for the list, the school or its governing authority must adopt procedures which, at a minimum, provide:

(a) Notice to the individual that the school intends to submit the person for inclusion on the Disqualification List;

(b) Notice of the opportunity to contest the intended action and the procedures for doing so;

(c) The opportunity for a determination by a neutral person where the intended action is contested;

(d) Issuance of a written report that includes the information and findings which caused the person to be included on the Disqualification List, as described in paragraph (4)(b) of this rule;

(e) Notice to any individual submitted for inclusion on the Disqualification List of the consequences of inclusion on the list, as found in the capitalized language set forth in subparagraph (3)(b)3. of this rule; and

(f) For permanently maintaining records related to the determination to submit a person for inclusion on the Disqualification List.

(7) Procedures Specific to Charter Schools. In order to ensure that any person submitted for inclusion on the Disqualification List by a charter school receives a level of process comparable to persons submitted by a school district, prior to submission of a person for the list, the school or its governing authority must adopt procedures which, at a minimum, provide:

(a) Notice to the individual that the school intends to submit the person for inclusion on the Disqualification List;

(b) Notice of the opportunity to contest the intended action and the procedures for doing so;

(c) The opportunity for a determination by a neutral person where the intended action is contested;

(d) Issuance of a written report that includes the information and findings which caused the person to be included on the Disqualification List, as described in paragraph (4)(b) of this rule;

(e) Notice to any individual submitted for inclusion on the Disqualification List of the consequences of inclusion on the list, as found in the capitalized language set forth in subparagraph (3)(b)3. of this rule; and

(f) For permanently maintaining records related to the determination to submit a person for inclusion on the Disqualification List.

(8) Procedures Specific to School Districts – Affidavit of Separation.

(a) When an employee is “separated due to termination” as defined in paragraph (2)(m) in this rule or when an employee “resigned in lieu of termination” as defined in paragraph (2)(l) of this rule from a school district, the school district must complete and maintain a form entitled, Affidavit of Separation from School District Employment Due to Termination or Resignation in Lieu of Termination. This form requires the following information:

1. The separated employee’s name, last four numbers of the social security number, and the date of separation;

2. The type of separation (separated due to termination or resigned in lieu of termination);

3. Whether separation is due to a report of sexual misconduct with a student by the separated employee; and

4. Details surrounding the separation.

(b) The requirement to complete an Affidavit of Separation applies regardless of whether or not the person is submitted for inclusion on the Disqualification List.

(9) Removal from Disqualification List. The process for submitting, considering and ruling upon a request for removal from the Disqualification List is set forth below.

(a) Submission of Removal Request. A request for removal may be submitted by the person included on the list or the reporting entity that submitted the person for the list and must:

1. Be in writing and submitted to the list accessible at http://fldoe.org/disqualificationlist;

2. Identify which paragraph of Section 1001.10(4)(c), F.S., is relied upon for the request for removal and provide details demonstrating the basis of removal;

3. Include a copy of the final order or report which resulted in placement on the list and the current address of the reporting entity or entities; and

4. Include certified or notarized documentary evidence supporting the request.

(b) Consideration of Removal Request. Upon receipt of a request for removal, the Department will:

1. Review the request for removal and notify the requestor of any supplemental information or documentation needed in order to process the request;

2. Provide notice to entities that reported the person for inclusion on the list, of the removal request; and

3. Provide a written decision.

(c) Department Decision on Removal Request.

1. Requests under Section 1001.10(4)(c)1., F.S. (completed law enforcement investigation), and Section 1001.10(4)(c)2., F.S. (mistaken identity). Where the request demonstrates that grounds for removal as described in Section 1001.10(4)(c)1. or 2., F.S., exist, the Department will grant the request for removal.

2. Requests under Section 1001.10(4)(c)3., F.S. Where the employing school district, charter school or private scholarship school that submitted a person for inclusion on the Disqualification List requests removal from the list, the Department will grant the request when the request for removal demonstrates the following:

a. The person on the list is not ineligible for employment as a result of a conviction of one of the crimes authorized by Section 1012.315, F.S., and listed in Section 435.04(2), F.S., and is not under law enforcement investigation for one of the crimes authorized by Section 1012.315, F.S., and listed in Section 435.04(2), F.S.;

b. A district or school intends to employ the individual if the person is removed from the list; and

c. Good moral character and rehabilitation, considering the circumstances surrounding the misconduct, the time period that has elapsed since the misconduct, the nature of the harm to any victim, the history of employment with the reporting entity and any other circumstances relevant to character.

(10) Documents Incorporated by Reference. The following documents are incorporated by reference and may be obtained at http://fldoe.org/disqualificationlist:

(a) EPC Certification of Final Determination of Eligibility for the Disqualification List – Educator Certificate Holder, Form No. DQ-1a, effective August 2026 (http://flrules.org/Gateway/reference.asp?No=Ref-19650), and EPC Certification of Final Determination of Eligibility for the Disqualification List – Educator Certificate Applicant, Form No. DQ-1b, effective August 2026 (http://flrules.org/Gateway/reference.asp?No=Ref-19649);

(b) School District Certification of Final Determination of Eligibility for the Disqualification List, Form No. DQ-2, effective August 2026 (http://flrules.org/Gateway/reference.asp?No=Ref-19648);

(c) Charter School Certification of Final Determination of Eligibility for the Disqualification List, Form No. DQ-3, effective August 2026 (http://flrules.org/Gateway/reference.asp?No=Ref-19647);

(d) Private Scholarship School Certification of Final Determination of Eligibility for the Disqualification List, Form No. DQ-4, effective August 2026 (http://flrules.org/Gateway/reference.asp?No=Ref-19646);

(e) Commissioner of Education Certification of Final Determination of Eligibility for the Disqualification List, Form No. DQ-5, effective June 1, 2022 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14157);

(f) Affidavit of Separation from School District Employment Due to Termination or Resignation in Lieu of Termination, Form No. DQ-6, effective June 1, 2022 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14158).

History

• Rulemaking Authority 1001.02(1), (2)(n), 1001.10(4)(d), 1012.31(2)(a) FS. Law Implemented 1001.10(4)(b),(c), 1012.31(2)(a), 1012.315(1)(c) FS. History–New 6-1-22, Amended 8-25-26.

Fla. Admin. Code R. 6A-10.085 Field Trips, Extracurricular Activities, and Other Supplemental Programs and Activities

(1) Definitions. In this rule, the terms are defined as follows:

(a) “Field Trip” means an outing away from the school of enrollment made by students to study or participate in an activity while in the custody of the school district;

(b) “Extracurricular” means the definition for the term set forth in Section 1006.15(2), F.S.;

(c) “Supplemental Program” means extra academic assistance, such as tutoring or remedial help, that is provided to students in any subject area, occurring before or after school, on weekends or during the summer, where provided by or through a school district or on school district property.

(2) School District Policies for Field Trips, Extracurricular Activities, and Supplemental Programs. Any policies adopted by a school district under Section 1001.43(3), F.S., for field trips, extracurricular activities, and supplemental programs must:

(a) Be consistent with the Parental Bill of Rights created under Chapter 1014, F.S;

(b) Protect the privacy of educational records as set forth in Section 1002.22, F.S., as well as the privacy interests of all students and parents; and

(c) Provide for parental notification as set forth in subsection (3) of this rule.

(3) Parental Notification.

(a) Districts must adopt procedures to fully inform parents of the details of field trips, extracurricular activities and supplemental programs.

(b) District procedures must require signed parent or guardian permission forms for field trips that include, at a minimum, the following information:

1. The nature of the field trip;

2. The date(s) and time(s) of the field trip;

3. Specific location(s) and type(s) of establishment(s) to be visited;

4. Mode(s) of transportation;

5. Method of student supervision provided, such as anticipated number of chaperones; and

6. Whether room assignments for overnight lodging are not separated by biological sex at birth.

(c) District procedures for overnight lodging must include accommodations or modifications in order to ensure that all eligible students have the opportunity to participate in the field trip.

History

• Rulemaking Authority 1000.05(5)(a), 1001.02(1), (2)(n), 1001.43, 1003.23, 1006.22 FS. Law Implemented 1000.05(2)(d), 1003.23, 1006.22 FS. History‒New 9-20-22.

Fla. Admin. Code R. 6A-10.086 Designation of Restrooms and Changing Facilities in K-12 Educational Institutions

(1) Purpose. The purpose of this rule is to provide requirements that school districts, the Florida School for the Deaf and the Blind, developmental research (laboratory) schools, and charter schools must use regarding the compliance of K-12 educational institutions with Section 553.865, F.S.

(2) Compliance. School districts, the Florida School for the Deaf and the Blind, developmental research (laboratory) schools, and charter schools must comply with all applicable requirements of Section 553.865, F.S., pertaining to the use of restrooms and changing facilities by males or females, as determined at birth by biological sex, including the subsections that require the following:

(a) That restrooms are designated for exclusive use by males or females, as defined by Section 553.865(3), F.S., or that there is a unisex restroom.

(b) That changing facilities are designated for exclusive use by males or females, as defined by Section 553.865(3), F.S., or that there is a unisex changing facility.

(c) That the student code of conduct has been updated according to Section 553.865(9)(a), F.S.

(d) That the school district has established disciplinary procedures for employees according to Section 553.865(11)(a), F.S.

(3) Instructional Personnel and administrative personnel as described in Section 1012.01(2)-(3), F.S., who violate any provision of Section 553.865, F.S., commit a violation of the Principles of Professional Conduct for the Education Profession under Rule 6A-10.081, F.A.C.

(4) Format. By April 1, 2024, each school district and charter school authorizer must submit the Safety in Private Spaces Act, Form SPSA (http://www.flrules.org/Gateway/reference.asp?No=Ref-15716), effective August 2023, which is hereby incorporated by reference to certify all of their schools’ compliance to the Department at SPSA@fldoe.org. If a new facility is established after July 1, 2023, the school district or charter authorizer must submit Form SPSA within one year of establishment.

(5) Charter Schools. Each school district or charter authorizer must implement procedures to collect compliance information from their charter schools. An authorizer may rely upon a charter school’s certification without independent verification.

(6) School District Career Centers. The provisions of this rule must apply to School District Career Centers as described in Section 1001.44(3), F.S.

History

• Rulemaking Authority 1000.05(6)(a), 1001.02(1), (2)(n) FS. Law Implemented 1000.05(3) FS. History‒New 11-22-22, 8-22-23.

Fla. Admin. Code R. 6A-10.087 Postsecondary Education Benefits and Services for Students Who Have Been or are in Foster Care or are Experiencing Homelessness

(1) Purpose. The purpose of this rule is to set forth the requirements related to tuition and fee exemptions, including lab fees, and services for students who have been or are in foster care and students experiencing homelessness.

(2) Definitions.

(a) “Campus coaching services” means the services that institutions may provide in accordance with Section 409.1452(2), F.S., to assist students in their successful completion of postsecondary education and transition to independent living.

(b) “Institution” means a Florida College System institution, school district career center authorized under Section 1001.44, F.S., and charter technical career center authorized under Section 1002.34, F.S.

(c) “Liaison” means the institution’s employee or employees who are responsible for providing on-campus support for students related to tuition and fee exemptions and related issues, as required by Section 409.1452(1), F.S., for institutions that have students exempt under Sections 1009.25(1)(c) and (1)(e), F.S. and this rule.

(d) “Students experiencing homelessness” means individuals who lack a fixed, regular, and adequate nighttime residence. This definition includes:

1. Individuals who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;

2. Individuals who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

3. Individuals who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings;

4. Migratory children who qualify as homeless for the purposes of 42 U.S.C. Sections 11431-11435; and

5. Individuals who would otherwise meet this definition but for their residence in college dormitory housing.

(e) “Students who have been or are in foster care” means students who were the subject of a shelter proceeding, a dependency proceeding, or a termination of parental rights proceeding and:

1. Who are or were in out-of-home care at the time they reached eighteen (18) years of age;

2. Who were adopted from the Department of Children and Families after May 5, 1997;

3. Who are, or were at the time of reaching eighteen (18) years of age, placed in the custody of a relative or nonrelative under Section 39.5085, 39.6221, or 39.6225, F.S.; or

4. Who after reaching fourteen (14) years of age and thereafter spending at least eighteen (18) months in out-of-home care, were reunited with his or her parent or parents who were the subject of the dependency proceeding before they reached eighteen (18) years of age, including students who were reunited under Section 39.8155, F.S.

(3) Exemption for students who have been or are in foster care. Each institution must exempt eligible students who have been or are in foster care from the payment of tuition and fees.

(a) Eligibility determination and verification. The institution must verify eligibility and maintain related documentation for each student in accordance with Sections 1009.25 and 409.1452, F.S. and this rule. Once eligibility is verified, the institution may not make additional requests for such documentation. Students under subparagraph (2)(e)4. must be eligible for the Pell Grant, as determined by the Free Application for Federal Student Aid and verified by the postsecondary institution.

(b) Tuition and Fees. Pursuant to Section 1009.25, F.S., students who meet the eligibility requirements under subsection (3) are exempt from the payment of tuition and fees, including lab fees and fees associated with enrollment in applied academics for adult education instruction. The exemption remains valid until the student reaches twenty-eight (28) years of age.

(4) Exemption for students experiencing homelessness. Each institution must exempt students experiencing homelessness from the payment of tuition and fees, including lab fees.

(a) Eligibility determination and verification. The institution must verify eligibility and maintain related documentation for each student in accordance with Sections 1009.25 and 409.1452, F.S., and this rule. Once eligibility is verified, the institution may not make additional requests for such documentation, unless the student informs the institution their circumstances have changed, the institution receives conflicting information regarding a change in the student’s independence status, or if the student reenrolls after discontinuing enrollment for twelve (12) consecutive months or more.

(b) Required documentation. Documentation must include Form FSH-1, Florida Student Homelessness Verification for Tuition and Fees Exemption Purposes. Form FSH-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15263), effective April 2023, is hereby incorporated by reference and made part of this rule. Copies may be obtained from the Division of Florida Colleges, 325 West Gaines Street, Tallahassee, Florida 32399.

(c) Individuals authorized to certify eligibility. The following individuals are authorized to certify that students meet eligibility under this paragraph. Once a determination that the student is experiencing homelessness is made by one of the authorized individuals below, no further action is needed. Such documentation of the student’s circumstances shall be considered adequate.

1. A designated Florida school district’s liaison for homeless children and youth;

2. A director of an emergency shelter program funded by the United States Department of Housing and Urban Development, or the director’s designee;

3. A director of a runaway or homeless youth basic center or transitional living program funded by the United States Department of Health and Human Services, or the director’s designee;

4. A continuum of care lead agency, or its designee;

5. A director of an emergency or transitional shelter, street outreach program, homeless youth drop-in center, or other program serving individuals who are experiencing homelessness, or the director’s designee;

6. The director of a project supported by a Federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate program grant under 20 U.S.C. sections 1070a-11 through 1070a-18 and 1070a-21 through 1070a-28, or the director’s designee;

7. A financial aid administrator at the current postsecondary institution; or

8. A financial aid administrator at another institution who documented the student's circumstance in the same or a prior award year.

(d) Case-by-case determinations. If a student is unable to provide documentation from any individual described in paragraph (4)(c), institutions must make a case-by-case determination, which must be based on a written statement from, or a documented interview with, the student that confirms that the student is an unaccompanied homeless youth, or unaccompanied, at risk of homelessness, and self-supporting; and made without regard to the reasons that the student is an unaccompanied homeless youth, or unaccompanied, at risk of homelessness, and self-supporting.

(e) Tuition and fees. Pursuant to Section 1009.25, F.S., students who meet the eligibility requirements under subsection (4) are exempt from the payment of tuition and fees, including lab fees. The exemption remains valid until the student informs the institution that the student’s circumstances have changed or the institution has specific conflicting information about the student’s independence and has informed the student of this information.

(5) Enrollment. A student receiving benefits under this rule must be enrolled according to the customary rules and requirements of the institution attended.

(6) Records retention. For purposes of these exemptions, institutions must retain the documentation in accordance with the Florida Department of State’s General Records Schedule GS5 For Public Universities and Colleges, Item #89.

(7) Fraud. If fraud is suspected that a student, employee, or other individual has misreported information or altered documentation to fraudulently allow the student to obtain this tuition and fees exemption, the individual must report his or her suspicions and provide any evidence to the appropriate institutional authority.

(8) Reporting requirements. Pursuant to Section 409.1452(3), F.S., the Division of Florida Colleges and the Division of Career and Adult Education are required to annually report specified data to the Department of Children and Families. Florida College System Institutions and school district career centers must maintain documentation and annually report in a format prescribed by the Chancellor of the Division of Florida Colleges and the Chancellor of the Division of Career and Adult Education, respectively, to the Florida Department of Education the following:

(a) Liaisons. The number of staff members acting as liaisons under Section 409.1452(1), F.S., how the liaisons’ contact information is communicated; and the location of the liaisons’ contact information on the institution’s website.

(b) Student-progress data. The progress of students served by the liaisons, including data on academic progress, retention, financial aid status, and information required by the National Youth in Transition Database.

(c) Value of fee exemptions. The number and value of all fee exemptions granted annually.

(d) Campus coaching services. Whether the institution provides campus coaching services and other support to exempt students who are attending the institution to promote his or her successful completion of postsecondary education and transition to independent living, and if so, the type of services and support provided.

History

• Rulemaking Authority 1001.02(1), (6), 1009.25(1)(e) FS. Law Implemented 1001.02(6)(e), (h), (i), 1009.25, 1009.285 FS. History‒New 4-25-23.

Fla. Admin. Code R. 6A-10.088 Florida McKinney-Vento Program Training and Identification

(1) Purpose. This rule sets forth requirements relating to the identification of students experiencing homelessness and required reporting to the Florida Department of Education relating to the Florida McKinney-Vento Program (FMVP), operated pursuant to the federal McKinney-Vento Homeless Assistance Act (hereafter referred to as the McKinney-Vento Act or MVA) (42 U.S.C. Sections 11431-11434A) and pursuant to Florida’s Every Student Succeeds Act State Plan.

(2) Definitions.

(a) “McKinney-Vento liaison” means the person designated by a school district that is responsible for carrying out the duties outlined in 42 U.S.C. Section 11432(g)(6)(A).

(b) “School district” or “district” means a Florida school district or district school board, the Florida Virtual School (Section 1002.37, Florida Statutes (F.S.)), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), Developmental Research (Laboratory) Schools (Section 1002.32, F.S.); and charter school governing boards designated as local educational agencies (LEAs) (Section 1002.33(25), F.S.).

(c) “Student experiencing homelessness” means an individual who lacks a fixed, regular, and adequate nighttime residence, as defined in 42 U.S.C. Section 11434(a)(2) and includes:

1. Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;

2. Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

3. Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

4. Migratory children who are living in circumstances described in subparagraphs (2)(c)1.-3.

(d) “Unaccompanied Homeless Youth” or “UHY” means a child or youth whose living arrangement qualifies as homeless under paragraph (2)(c) and who is not in the physical custody of a parent or guardian.

(e) “Department” means the Florida Department of Education.

(3) School districts must adopt procedures to identify students experiencing homelessness, to refer such students and their families for services available through the McKinney-Vento Act and services provided by local community social service entities. These procedures must include, at a minimum, designating a McKinney-Vento liaison, providing training to selected school district personnel, developing and distributing a student housing questionnaire, and reporting to the Department, in accordance with the requirements of this rule.

(4) McKinney-Vento Liaisons.

(a) School districts must designate at least one McKinney-Vento liaison to serve as the district’s lead homeless education contact. Duties of the liaison include:

1. Ensuring that procedures are in place to identify students experiencing homelessness and to provide them with applicable services under the McKinney-Vento Act;

2. Identifying and addressing barriers to enrollment, regular attendance, and academic achievement of students experiencing homelessness within the district; and

3. Providing training to other district- and school-level personnel in accordance with district policies to personnel identified under subparagraph (3)(c)2.

(b) Except for charter schools that are designated as a LEA under Section 1002.33(25), F.S., McKinney-Vento liaisons must support charter schools sponsored by their district in the same manner as traditional public schools.

(c) Training of and by McKinney-Vento Liaisons.

1. McKinney-Vento liaisons must participate in at least two training courses each school year provided or recommended by the Department. Training topics include the responsibilities of McKinney-Vento liaisons, identification of students experiencing homelessness, data collection and reporting requirements, and supports and services available under the McKinney-Vento Act.

2. School districts must identify district- and school-level personnel who must participate in training provided by the McKinney-Vento liaison. Such training includes the importance of identifying and supporting students experiencing homelessness, the identification of such students, and actions to take if staff suspect a student is experiencing homelessness. In identifying district- and school-level personnel who must be trained, school districts must consider principals and other school leaders, school-level homeless student contacts, attendance officers, enrollment personnel, bus drivers, cafeteria staff, school counselors, teachers, and others that have direct contact with students.

3. School districts must maintain documentation of liaison training, as set forth in paragraph (4)(c) of this rule and provide it to the Department upon request.

(5) Student Housing Questionnaire.

(a) School districts must create student housing questionnaire(s) to be used in all public schools, including public charter schools, to identify students who are experiencing homelessness and who may be eligible for services under the McKinney-Vento Act.

1. A student housing questionnaire must be provided to parents, guardians, and unaccompanied homeless youths at least once annually and whenever there is evidence that a student may be experiencing homelessness throughout the school year.

2. A student housing questionnaire must be included in the annual school enrollment packet.

3. A student housing questionnaire may be distributed or returned electronically, but it must be available in hard copy, if requested.

4. A template that can be modified by school districts is available on the Department’s website at https://www.fldoe.org/policy/federal-edu-programs/title-ix-mvp/.

(b) Beginning July 1, 2024, any student housing questionnaire must prominently explain that the purpose of the form is to identify students and families who may be eligible for services in the school or local community. In addition, a questionnaire must, at a minimum, request the following information:

1. Student’s name (first name, middle initial, last name);

2. Student’s birth date;

3. Student’s school and grade;

4. Names, birthdates, school and grade for each additional child or youth in the household;

5. Parent’s or guardian’s name;

6. Street address;

7. Length of time at current address;

8. Former address;

9. Parent’s, guardian’s or UHY’s phone number;

10. Parent’s, guardian’s, or UHY’s signature and date of signature;

11. Selection of nighttime residence type, using the residences defined in the “Homeless Student, PK-12” data element in Rule 6A-1.0014, F.A.C., Comprehensive Management Information System;

12. Selection if the student is an UHY, as defined in 42 U.S.C. Section 11434(a)(6); and

13. Selection of homelessness cause, using the causes defined in the “Homelessness Cause” data element in Rule 6A-1.0014, F.A.C., Comprehensive Management Information System.

(6) Required Reporting.

(a) By August 1 of each year, school districts must submit the Florida McKinney-Vento Program District Contact Directory and Listserve Update, Form FMP-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15717), effective August 2023, to the Department at FLMVP@fldoe.org. School districts must notify the FMVP within ten (10) school days of a change in assignment of or contact information for a McKinney-Vento liaison.

(b) School districts must report information on students experiencing homelessness to the Department during the survey periods and use the elements set forth in Rule 6A-1.0014, F.A.C., Comprehensive Management Information System.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1008.33(1), 1008.385(3) FS. Law Implemented 1008.33, 1008.385 FS. History-New 8-22-23

Fla. Admin. Code R. 6A-10.089 School-Sponsored Events and Activities

(1) Definition. In this rule, the term “School-sponsored Events or Activities” means an event or activity the school of enrollment created for students to study or participate in while in the custody of the school district; or field trips, extracurricular activities, or other supplemental programs and activities as defined in Rule 6A-10.085, F.A.C.;

(2) School District Policies for Events and Activities. Any policies adopted by a school district under Section 1001.43(3), F.S., for school-sponsored events and activities must:

(a) Ensure the health, safety, and welfare of the child.

(b) Be consistent with the Parental Bill of Rights created under Chapter 1014, F.S;

(c) Protect the privacy of educational records as set forth in Section 1002.22, F.S., as well as the privacy interests of all students and parents; and

(d) Provide for parental notification as set forth in subsection (5) of this rule.

(3) Districts may not admit a child to an adult live performance as provided in Section 827.11, F.S.

(4) Districts may not authorize the use of any district-owned or leased buildings or property for the purpose of conducting an adult live performance as provided in Section 255.70, F.S.

(5) Parental Notification.

(a) Districts must adopt procedures to fully inform parents of the details of the event or activity and supplemental programs.

(b) District procedures must require signed parent or guardian permission forms for the event or activity that include, at a minimum, the following information:

1. The nature of the event or activity.

2. The date(s) and time(s) of the event or activity.

3. Specific location(s) and type(s) of sponsors/guests at the event or activity.

4. Method of student supervision provided, such as anticipated number of chaperones.

History

• Rulemaking Authority 1001.02(1), (2)(n) FS. Law Implemented 255.70, 827.11, 1006.22, 1014.04(1) FS. History‒New 8-22-23.

Fla. Admin. Code R. 6A-10.090 General

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.01, 6B-5.001, Repealed 3-25-14.

Fla. Admin. Code R. 6A-10.091 Definitions

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.02, 6B-5.002, Repealed 3-25-14.

Fla. Admin. Code R. 6A-10.092 Administrative and Supervisory Requirements

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.03, 6B-5.003, Repealed 3-25-14.

Fla. Admin. Code R. 6A-10.093 Analysis of Individual Needs and Individual Potential

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.04, 6B-5.004, Repealed 3-25-14.

Fla. Admin. Code R. 6A-10.094 Instructional Procedures

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.05, 6B-5.005, Repealed 3-25-14.

Fla. Admin. Code R. 6A-10.095 Communication Skills

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.06, 6B-5.006, Repealed 3-25-14.

Fla. Admin. Code R. 6A-10.096 Management Techniques

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.07, 6B-5.007, Repealed 3-25-14.

Fla. Admin. Code R. 6A-10.097 Competence in Specialization

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.08, 6B-5.008, Repealed 3-25-14.

Fla. Admin. Code R. 6A-10.098 Evaluation of Learning and Goal Achievement

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.09, 6B-5.009, Repealed 3-25-14.

Fla. Admin. Code R. 6A-10.099 Human and Interpersonal Relationships

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.10, 6B-5.010, Repealed 3-25-14.

Fla. Admin. Code R. 6A-10.0991 Personal Requirements

History

• Rulemaking Authority 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 231.546(2) FS. History–New 10-7-69, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-5.11, 6B-5.011, Repealed 3-25-14.

Chapter 6A-14 COMMUNITY COLLEGES

Fla. Admin. Code R. 6A-14.001 Limitations of Rules

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 120.53(1)(a), 240.317, 240.319, 240.325, 240.371 FS. History–New 12-19-74, Formerly 6A-8.01, Amended 12-26-77, Formerly 6A-14.01, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.002 Definitions

(1) College personnel or employees means people employed by a community college district board of trustees.

(a) Administrative personnel means employees in positions designated by the board of trustees as administrative according to Community College Management Information System reporting requirements.

(b) Instructional personnel means employees in positions designated by the board of trustees as instructional according to Community College Management Information System reporting requirements.

(c) Other personnel means employees other than those in paragraphs (1)(a) and (b) herein, and employees of other boards and agencies who have been assigned by their employers to serve the board of trustees.

(2) Commissioner means the Commissioner of Education.

(3) Chancellor means the Chancellor of the Division of Community Colleges.

(4) President means the president of a community college.

(5) College means a public educational institution operated by a community college district board of trustees and defined in Sections 1000.04, 1000.21, 1012.01 and 1004.65, F.S.

History

• Rulemaking Authority 1001.02, 1004.65 FS. Law Implemented 1001.02, 1001.03, 1001.64 FS. History–New 12-19-74, Formerly 6A-8.02, Amended 10-28-75, 12-26-77, 4-27-82, 7-26-84, Formerly 6A-14.02.

Fla. Admin. Code R. 6A-14.003 Uniform Policy

History

• Rulemaking Authority 229.053 FS. Law Implemented 240.325 FS. History–New 12-19-74, Formerly 6A-8.80, Formerly 6A-14.03, Repealed 12-26-77.

Fla. Admin. Code R. 6A-14.004 Uniform Policy

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 229.053(2)(c), 240.311, 240.325(4) FS. History–New 12-19-74, Formerly 6A-8.78, Amended 4-8-75, 12-26-77, 7-2-79, 2-4-81, 10-27-81, 1-6-83, 7-7-83, 7-26-84, Formerly 6A-14.04, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.005 Requirements for Participation in Community College Program Fund

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.349 FS. History–New 12-19-74, Formerly 6A-8.17, Amended 10-28-75, Formerly 6A-14.05, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.0061 Campus, Center, Special Purpose Center and Instructional Site Designations

The Division of Florida Colleges shall receive proposals from local boards of trustees to establish campuses, centers, and special purpose centers, and shall recommend for or against the establishment of the requested site to the State Board of Education. The State Board of Education shall approve or disapprove the proposal for a new site. For purposes of this rule, “college” has the same meaning as “Florida College System institution” as defined in section 1000.21(5), Florida Statutes.The following shall apply:

(1) A campus is an instructional and administrative unit of a college, consisting of college owned facilities and staffed primary by full-time personnel. It houses a full range of instructional services and of institutional, instructional, and student support services. Facilities and other resources are sufficient to accommodate at least one thousand (1,000) full-time equivalent students, and the site is in compliance with the criteria established in Rule 6A-2.0010, F.A.C.

(2) A center is an instructional and administrative unit with limited support services. It consists of college owned or unowned facilities and is staffed primarily by full-time personnel. It does not necessarily offer a full range of instructional programs or courses and is in compliance with the criteria established in Rule 6A-2.0010, F.A.C.

(3) A special purpose center is a unit or a portion of a site of a college consisting of college property,owned facilities or unowned facilities leased for more than one year that provides a limited number of special, clearly defined programs or services, such as, but not limited to, instruction or administration, and is in compliance with Rule 6A-2.0010, F.A.C.

(4) An instructional site is an instructional unit of a college that offers students a very limited range of instructional programs or courses in unowned facilities leased for one year or less with no support services.

(5) Proposals to establish campuses or centers shall document the following conditions:

(a) The proposed expansion is part of and consistent with the master plan of the college.

(b) Expanded or new instructional services and support services are necessary to adequately serve the college district.

(c) Existing campuses have at least three thousand (3,000) full-time equivalent students each, and projected enrollments are stable or increasing, when the proposal is to establish a campus.

(d) Facilities at existing campuses, as identified in the master plan of the college, are substantially complete.

(e) Enrollment projections in the master plan of the college are for at least one thousand (1,000) full-time equivalent students for a proposed campus or at least four hundred (400) for a proposed center. A proposed center to provide central administrative services for a college shall be exempt from this enrollment condition.

(f) The proposed expansion is in conjunction with other educational agencies within the college district and adjacent to the district.

(g) Alternatives to the proposed expansion were considered by the board of trustees.

(6) Proposals to establish a special purpose center shall document the following:

(a) The proposed expansion is part of and consistent with the master plan of the college.

(b) The proposed services are necessary to adequately serve the college district.

(c) Projected enrollments justify expansion.

(d) Projected facility needs justify expansion.

(e) Proposed expansion is in conjunction with the other educational agencies with the college district.

(f) Alternatives were considered by the board of trustees.

(7) Exceptions to subsections (5) and (6) herein are authorized when justified in the judgment of the State Board of Education due to the nature of the services to be provided, the number and types of students to be served, the population to be served, transportation problems, the availability of acceptable sites and facilities, urban density, energy conservation, or population shifts. Urban density refers to sites where no additional land is available to expand existing campuses and where the urban build-up limits any campus expansion.

(8) Regardless of funding source or size of the site, when a college plans construction, remodeling, or renovation on a new site the college must submit a request for review and approval of the site designation in accordance with the process prescribed in this rule. The college must also submit a request for review and approval of the site designation if the planned construction, remodeling, or renovation will cause a currently approved site designation to change such that the site, or a portion of the site, falls under a definition outlined in subsections (1)-(4) that is different from the definition under which the site designation was originally reviewed and approved.

(9) The Division of Florida Colleges may use the services of the Office of Educational Facilities and of others to evaluate proposals and develop recommendations.

History

• Rulemaking Authority 1001.02(1), (4)(e), 1013.36 FS. Law Implemented 1013.36, 1013.40 FS. History–New 2-27-84, Formerly 6H-1.40, Amended 6-22-87, Formerly 6H-1.040, Amended 8-18-04, 8-3-26.

Fla. Admin. Code R. 6A-14.00612 Designation of Restrooms and Changing Facilities in Postsecondary Insitution Facilities

(1) Purpose. The purpose of this rule is to provide requirements regarding restroom and changing facilities at Florida College System institutions pursuant to section (s.) 553.865, Florida Statutes (F.S.)

(2) Compliance. Florida College System institutions must comply with all applicable requirements of s. 553.865, F.S., and update policies and procedures pertaining to the use of restrooms and changing facilities by males or females, based on biological sex at birth. This includes but is not limited to the following:

(a) That restrooms are designated for exclusive use by males or females, as defined by s. 553.865(3), F.S., or that there is a unisex restroom.

(b) That changing facilities are designated for exclusive use by males or females, as defined by s. 553.865(3), F.S., or that there is a unisex changing facility.

(c) That disciplinary procedures for employees have been established that comply with s. 553.865(9)(c), F.S., and subsection (4) of this rule.

(d) That the institution’s student handbook, disciplinary procedures, and code of conduct have been updated according to s. 553.865(9)(a), F.S.

(e) That the institution’s employee handbook, disciplinary procedures, and code of conduct have been updated according to s. 553.865(9)(c), F.S.

(f) That the institution’s student and employee handbooks and codes of conduct provide notice to students, administrative personnel, faculty members, security personnel, and law enforcement personnel of the right to file a complaint with the Attorney General alleging that the educational institution has failed to meet the minimum requirements for restrooms and changing facilities under s. 553.865(4) and (5), F.S.

(g) That procedures have been established for when any person, not a student or employee of the institution, improperly enters a restroom or changing facility designated for the opposite sex on the institution’s premises and refuses to depart when asked to do so by administrative personnel, faculty, security personnel, or law enforcement.

(3) Reporting. By April 1, 2024, the president of each Florida College System institution must submit the Safety in Private Spaces Act Compliance Certification form, Form FCS-SPSA (http://www.flrules.org/Gateway/reference.asp?No=Ref-15890), effective September 2023, which is hereby incorporated by reference, to the Department via email at ChancellorFCS@fldoe.org, certifying that the institution maintains restrooms or changing facilities that meet the requirements of s. 553.865(4) and (5), F.S. The certification submitted by the institution will encompass all facilities on all campuses, centers, and special purpose centers. Student housing facilities owned or operated by the institution or by the institution’s direct support organization are also subject to this rule and must be included in the certification. If a new facility is established or acquired after July 1, 2023, the president must submit Form FCS-SPSA within one year of establishment or acquisition.

(4) Institutional Disciplinary Actions.

(a) Florida College System institutions must establish a disciplinary policy for administrative personnel and instructional personnel who violate s. 553.865(9)(c), F.S., that complies with the following parameters:

1. Institutions must investigate each complaint regarding violations of s. 553.865(9)(c), F.S., and must have an established procedure for such investigations;

2. Disciplinary actions may utilize a progressive discipline process that includes verbal warnings, written reprimands, suspension without pay, and termination;

3. The disciplinary action taken should be based on the specific circumstances of the offense; however, a second documented offense must result in a termination; and

4. Institutions must document violations of s. 553.865(9)(c), F.S., and retain such documentation according to the institution’s records retention policies. Such documentation must, at minimum, include the name of the offender, the person that asked the offender to leave the restroom, and the circumstances of the event sufficient to establish a violation.

(b) Nothing in this rule prohibits an institution from immediately terminating an employee for such a violation.

(5) An individual certified by the Florida Department of Education may face discipline relating to that certificate pursuant to s. 1012.795, F.S. for violating any provision of s. 553.865, F.S.

History

• Rulemaking Authority 553.865(9)(c), (16), 1000.05(6)(a), 1001.02(1), (2)(n) FS. Law Implemented 553.865, 1000.05(3), 1001.64(8)(f), (16) FS. History‒New 9-26-23.

Fla. Admin. Code R. 6A-14.007 Forms to Be Provided

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.319 FS. History–New 12-19-74, Formerly 6A-8.883, Amended 12-26-77, Formerly 6A-14.07, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.0071 Forms and Instructions

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 240.325, 240.339 FS. Law Implemented 120.53(1)(b), 229.053(2)(l), 229.512(6), (12), (13), 240.325, 240.355, 240.359, 240.361, 240.363 FS. History–New 6-7-77, Amended 4-10-79, 3-17-81, 10-12-82, Formerly 6A-14.071, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.008 Facsimle Signatures

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 116.34 FS. History–New 12-19-74, Formerly 6A-8.81, 6A-14.08, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.009 Facsimile Signatures on Personnel Contracts

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 116.34 FS. History–New 12-19-74, Formerly 6A-8.811, Amended 12-26-77, Formerly 6A-14.09, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.010 Reproduction and Destruction of Records

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 119.041, 119.05, 119.08, 119.09, 240.325 FS. History–New 12-19-74, Amended 12-26-77, Formerly 6A-14.10, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.011 Equipment for Reproduction of Records

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 119.09, 240.325 FS. History–New 12-19-74, Formerly 6A-14.11, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.020 Responsibilities of Division of Community Colleges

History

• Rulemaking Authority 20.15(4)(c), 229.053(1) FS. Law Implemented 20.05(1), 20.15(4)(c), 229.053(1), 229.512(1), 240.311 FS. History–New 12-19-74, Formerly 6A-8.03, Amended 12-19-74, 12-26-77, 4-27-82, Formerly 6A-14.20, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.021 Sanitation, Safety, Plant Maintenance and Operations

History

• Rulemaking Authority 20.15(5)(c), 229.053(1), 240.325 FS. Law Implemented 240.325 FS. History–New 12-19-74, Formerly 6A-8.2976, Amended 12-19-74, Formerly 6A-14.21, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.022 Organization of the State Community College Council

History

• Rulemaking Authority 20.05(5), 229.053(1) FS. Law Implemented 230.751(2) FS. History–New 12-19-74, Formerly 6A-8.04, Formerly 6A-14.22, Repealed 4-27-82.

Fla. Admin. Code R. 6A-14.0221 Responsibilities of the State Community College Council

History

• Rulemaking Authority 20.05 FS. Law Implemented 230.751(3) FS. History–New 12-19-74, Formerly 6A-8.041, 6A-14.221, Repealed 12-26-77.

Fla. Admin. Code R. 6A-14.0222 Financing the Activities of the Council

History

• Rulemaking Authority 20.05(5), 229.053(1) FS. Law Implemented 230.751(3) FS. History–New 12-19-74, Formerly 6A-8.042, Formerly 6A-14.222, Repealed 4-27-82.

Fla. Admin. Code R. 6A-14.024 Composition of Boards of Trustees

History

• Rulemaking Authority 1001.02(1), 1001.61(1) FS. Law Implemented 1001.61(1), FS. History–New 12-19-74, Formerly 6A-8.06, Amended 12-26-77, 7-26-84, 11-5-85, Formerly 6A-14.24, Amended 12-6-90, 7-20-04, 6-23-16, Repealed 12-22-19.

Fla. Admin. Code R. 6A-14.0241 Board to Constitute a Corporation

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 48.111(1), 240.313, 240.315 FS. History–New 12-19-74, Formerly 6A-8.065, Amended 12-26-77, Formerly 6A-14.241, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.0242 Reports of Annual Meetings of Boards of Trustees

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.311, 240.313 FS. History–New 12-19-74, Formerly 6A-8.062, Amended 12-26-77, 7-26-84, Formerly 6A-14.243, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.0244 Place of Meeting

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.313 FS. History–New 12-19-74, Formerly 6A-8.063, Amended 12-26-77, Formerly 6A-14.244, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.0245 Majority a Quorum

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.311, 240.313 FS. History–New 12-19-74, Formerly 6A-8.064, Amended 6-1-75, 10-7-75, Formerly 6A-14.245, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.0246 Bonds Required for Community College Officials and Contractors

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 113.05, 255.05 FS. History–New 12-19-74, Formerly 6A-8.79, Formerly 6A-14.246, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.0247 Powers and Duties of the Boards of Trustees

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 113.05, 116.34, 240.311, 240.319, 240.339, 240.345 FS. History–New 12-19-74, Formerly 6A-8.066, Amended 10-28-75, 7-6-76, 2-14-77, 12-26-77, 9-26-78, 4-10-79, 10-23-79, 2-4-81, 4-27-82, 7-26-84, Formerly 6A-14.247, Amended 8-13-96, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.0248 Sanitation and Maintenance of College Facilities

History

• Rulemaking Authority 229.053(1), 230.755 FS. Law Implemented 230.754, 325.06 FS. History–New 12-19-74, Formerly 6A-8.2975, Amended 12-26-77, Formerly 6A-14.248, Repealed 4-27-82.

Fla. Admin. Code R. 6A-14.0249 Responsibilities of Board and President for Plant Maintenance and Sanitation

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.319 FS. History–New 12-19-74, Formerly 6A-8.2977, Amended 12-9-75, Formerly 6A-14.249, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.025 Engergy Conservation Program

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.319 FS. History–New 12-19-74, Formerly 6A-8.87, Amended 12-26-77, Formerly 6A-14.25, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.026 Employment of a President

Boards of trustees shall notify the State Board of Education of the appointment, suspension, or dismissal of presidents immediately upon such action. At the time the contract is issued, the board of trustees shall inform the president of duties and responsibilities, of the procedure by which performance shall be evaluated, and of the criteria for evaluation. The board shall evaluate the president annually. After completion of the evaluation and acceptance by the board of trustees, the notice of findings shall be submitted to the Chancellor of the Division of Community Colleges for review.

History

• Rulemaking Authority 1001.02(1), (4)(b), 1001.64(19) FS. Law Implemented 1001.64, 1001.64(18), (19), 1001.61 FS. History–New 12-19-74, Formerly 6A-8.30, Amended 10-28-75, 12-26-77, 7-26-84, Formerly 6A-14.26, Amended 7-20-04.

Fla. Admin. Code R. 6A-14.0261 General Powers of the President

History

• Rulemaking Authority 1001.02(1), (9), 1001.65 FS. Law Implemented 1001.61, 1001.64 FS. History–New 12-19-74, Formerly 6A-8.77, Amended 12-9-75, 12-26-77, 7-26-84, Formerly 6A-14.261, Repealed 1-7-16.

Fla. Admin. Code R. 6A-14.0262 Duties and Responsibilities of the President

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.313, 240.319, 240.335 FS. History–New 12-19-74, Formerly 6A-8.771, Amended 12-9-75, 12-14-77, 12-26-77, 7-16-79, 4-27-82, 7-26-84, Formerly 6A-14.262, Amended 6-1-86, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.0263 President to Keep Records of Absences

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.741, 6A-14.263, Repealed 12-9-75.

Fla. Admin. Code R. 6A-14.027 Reports on Utilizaton of Instructional and Administrative Staff

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.349 FS. History–New 12-19-74, Formerly 6A-8.84, Amended 12-26-77, Formerly 6A-14.27, Repealed 4-27-82.

Fla. Admin. Code R. 6A-14.028 Area Vocational Education Schools

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 230.651, 240.355 FS. History–New 12-19-74, Formerly 6A-8.583, 6A-14.28, Transferred to 6A-2.021.

Fla. Admin. Code R. 6A-14.029 Staff and Program Development

(1) Each Florida College System institution shall adopt policies on staff and program development. Each Florida College System institution shall identify within its annual operating budget funding to support staff and program development activities as defined herein, as well as activities to achieve its goals for implementation of its Educational Equity Act plan and other related EA/EO activities.

(2) Staff and program development plans and activities shall follow the definitions herein.

(a) Staff development is the improvement of staff performance through activities which update or upgrade competence specified for present or planned positions. Staff includes all college employees.

(b) Program development is the evaluation and improvement of existing programs, including the design of evaluation instruments to establish bases for improvements, as well as the designing of new programs.

History

• Rulemaking Authority 1001.02(1), 1001.64(18) FS. Law Implemented 1001.64(2), 1010.01, 1010.02, 1011.82(1) FS. History–New 12-19-74, Formerly 6A-8.761, Amended 12-26-77, 7-2-79, 7-6-82, 3-8-83, 8-10-83, 7-26-84, 8-29-85, Formerly 6A-14.29, Amended 8-19-86, 9-16-87, 1-8-91, 7-30-91, 10-6-92, 9-5-93, 7-19-94, 8-28-95, 7-20-04.

Fla. Admin. Code R. 6A-14.030 Postsecondary Instructional Unit Definitions and Awards in Florida College System Institutions

Florida College System institutions are authorized to provide instruction and to confer degrees, certificates, and diplomas only as prescribed herein. Any Florida College System institution degree program, certificate, or diploma program shall be offered at the standard credit hour length, established and approved by the State Board of Education. The courses within the programs identified in the subsections below shall be submitted to the Division of Accountability, Research, and Measurement in the Department of Education.

(1) Definitions. The following definitions apply to instruction in postsecondary career centers operated by school districts and Florida College System institutions.

(a) Credit. Credit is a unit of measure assigned to courses or course equivalent learning. Credit is awarded if the learning activity it represents is part of, or preparatory for, an organized and specified program leading to a postsecondary certificate or degree. Credit is a device which indicates to the learner, to educational institutions, to employers, and to others how much of the program the learner has completed. The credit awarded may be independent of where the learning occurs. If a learning activity does not meet these requirements, credit shall not be awarded. The only types of postsecondary credit authorized are:

1. College credit. College credit is the type of credit assigned by Florida College System institutions to courses or course equivalent learning that is part of an organized and specified program leading to a baccalaureate, associate degree, certificate, or Applied Technology Diploma pursuant to the stipulations in subsections (2) through (10). One (1) college credit is based on the learning expected from the equivalent of fifteen (15) fifty-minute periods of classroom instruction; with credits for such activities as laboratory instruction, internships, and clinical experience determined by the institution based on the proportion of direct instruction to the laboratory exercise, internship hours, or clinical practice hours.

a. Lower division college credit. Lower division college credit is assigned to college credit courses offered to freshmen and sophomores (1,000 and 2,000 level courses).

b. Upper division college credit. Upper division college credit is assigned to college credit courses offered to juniors and seniors (3,000 and 4,000 level courses).

2. Clock Hour. A clock hour is the unit assigned to courses or course equivalent learning that is part of an organized and specified program leading to an Applied Technology Diploma or a Career and Technical Certificate pursuant to subsections (8) and (11). It applies to postsecondary adult career courses as defined in Section 1004.02(25), F.S. One (1) clock hour is based on the learning expected from the equivalent of thirty (30) hours of instruction.

3. Developmental credit. Developmental credit is the type of credit assigned by Florida College System institutions to courses that provide degree seeking students who wish to enroll in college credit courses with additional academic preparation determined to be needed pursuant to Rule 6A-10.0315, F.A.C. One (1) developmental credit is based on the learning expected from the equivalent of fifteen (15) fifty-minute periods of classroom instruction.

4. Institutional credit. Institutional credit is postsecondary credit that is competency-based. Institutional credit is not guaranteed to automatically transfer.

(b) Noncredit. Noncredit is a term indicating that credit, as defined herein, is not awarded. It applies to the instructional classifications of noncredit continuing education, adult general education, citizenship, recreational, community education, and community instructional services. The unit of measure is hours of instruction.

(2) Bachelor’s degree. Each Florida College System institution is authorized to seek State Board of Education approval to provide programs of instruction consisting of upper division college credit courses to prepare for entry into employment, pursuant to Section 1007.33, F.S. The bachelor’s degree shall be awarded upon satisfactory completion of a planned program of one hundred and twenty (120) college credits, unless otherwise approved by the State Board of Education, after demonstration of the attainment of predetermined and specified performance requirements to include demonstration of competency in a foreign language pursuant to s. 1007.262, F.S., and demonstration of civic literacy competency pursuant to s. 1007.25(5), F.S. The bachelor’s degree must include thirty-six (36) college credits of general education coursework.

(3) Associate in arts degree. Each Florida College System institution shall provide the program of arts or general instruction consisting of lower division college credit courses. The associate in arts degree is a transfer degree and a basis for admission to a bachelor’s degree. The associate in arts degree shall be awarded upon satisfactory completion of a planned program of sixty (60) college credits after demonstration of the attainment of predetermined and specified performance requirements to include demonstration of competency in a foreign language pursuant to s. 1007.262, F.S., and demonstration of civic literacy competency pursuant to s. 1007.25(5), F.S. The associate in arts degree must include thirty-six (36) college credits of general education coursework.

(4) Specialized associate in arts transfer degree. Each Florida College System institution is authorized to seek State Board of Education approval to provide specialized associate in arts transfer degree programs pursuant to s. 1007.25, F.S. Specialized associate in arts transfer degrees are designed for Florida College System institution students who need lower-level coursework beyond the sixty (60) credits required for the general associate in arts degree for admission to a bachelor’s degree program. The specialized associate in arts transfer degree shall be awarded upon satisfactory completion of a planned program of at least sixty (60) college credits after the attainment of predetermined and specified performance requirements to include demonstration of competency in a foreign language pursuant to s. 1007.262, F.S., and demonstration of civic literacy competency pursuant to s. 1007.25(5), F.S. The specialized associate in arts transfer degree must include thirty-six (36) college credits of general education coursework.

(5) Associate in science degree. Each Florida College System institution is authorized to provide programs of career and technical instruction consisting of lower division college credit courses to prepare for entry into employment. The associate in science degree is a transfer degree and a basis for admission to a related bachelor’s degree. The associate in science degree shall be awarded upon satisfactory completion of a planned program of instruction comprised of the standard credit hour length established, after demonstration of the attainment of predetermined and specified performance requirements to include demonstration of civic literacy competency pursuant to s. 1007.25(5), F.S. The standard credit hour length of all associate in science degree programs as defined in Rule 6A-6.0571, F.A.C. The associate in science degree must include a minimum of fifteen (15) college credits of general education coursework.

(6) Associate in applied science degree. Each Florida College System institution is authorized to provide programs of career and technical instruction consisting of lower division college credit courses to prepare for entry into employment. The associate in applied science degree shall be awarded upon satisfactory completion of a planned program of instruction comprised of the standard credit hour length established, after demonstration of the attainment of predetermined and specified performance requirements to include demonstration of civic literacy competency pursuant to s. 1007.25(5), F.S. The standard credit hour length of all associate in applied science degree programs as defined in Rule 6A-6.0571, F.A.C. The associate in applied science degree must include a minimum of fifteen (15) college credits of general education coursework.

(7) A Technical Certificate (College Credit Certificate). Each Florida College System institution is authorized to provide programs of career and technical instruction consisting of less than sixty (60) college credits which are part of an associate in science degree or an associate in applied science degree program and prepare students for entry into employment. The standard credit hour length of all technical certificate programs as defined in Rule 6A-6.0571, F.A.C.

(8) An Applied Technology Diploma. Each Florida College System institution is authorized to provide programs of career and technical instruction that are part of an associate in science degree or an associate in applied science degree, that are less than sixty (60) credit hours, and leads to employment in a specific occupation. An applied technology diploma program may consist of either clock hours or college credit. The standard credit hour length of all applied technology diploma programs as defined in Rule 6A-6.0571, F.A.C.

(9) An Advanced Technical Certificate. Each Florida College System institution is authorized to provide programs of career and technical instruction consisting of nine (9) hours or more but less than forty-five (45) college credits of lower division and/or upper division courses. Florida College System institutions offering advanced technical certificates with upper division courses must be approved to offer baccalaureate programs containing those courses. An advanced technical certificate may be awarded to students who have already received an associate in science degree or an associate in applied science degree and are seeking an advanced specialized program of instruction to supplement their associate degree.

(10) Certificate of Professional Preparation. Each Florida College System institution is authorized to provide college-level professional instruction, consisting of not less than nine (9) and not more than thirty (30) college or institutional credits of courses and course equivalent modules to prepare baccalaureate degree holders for licensure, certification, credentialing, examinations, or other demonstrations of competency necessary for entry into professional occupations.

(11) Career and Technical Certificate. Each Florida College System institution is authorized to provide programs of career and technical instruction consisting of clock hour courses to prepare for entry into employment. Upon satisfactory completion of a planned program of instruction, after the demonstration of the attainment of predetermined and specified performance requirements, the career and technical certificate shall be awarded. The standard clock hour length of all career and technical certificate programs as defined in Rule 6A-6.0571, F.A.C.

(12) Continuing Workforce Education. Each Florida College System institution may provide noncredit continuing workforce education instruction tailored to individual needs and designed to improve job performance.

(13) High school diploma. Each Florida College System institution with responsibility for adult basic and adult secondary instruction, shall provide adult basic and adult secondary instruction as defined in Section 1004.02, F.S. Upon satisfactory completion of a planned high school program, after the demonstration of the attainment of predetermined and specified performance requirements, the high school diploma shall be awarded.

(14) Developmental instruction. Each Florida College System institution shall provide, according to the needs of its students, basic instruction to provide degree seeking students who wish to enroll in college credit courses with additional academic preparation determined to be needed pursuant to Rule 6A-10.0315, F.A.C. Satisfactory completion of such instruction shall be recognized by the award of units of measure called developmental credit.

(15) English for Academic Purposes. Each Florida College System institution is authorized to provide, according to the needs of its students, instruction that provides English Language Learners with essential language and academic preparation necessary to enroll in college credit instruction in Communications. Satisfactory completion of such instruction shall be recognized by the award of units of measure called institutional credit (0100-0400 series pursuant to the Statewide Course Numbering System EAP taxonomy) or college credit (1500-1600 series pursuant to the Statewide Course Numbering System EAP taxonomy).

(16) Lifelong learning instruction. Each Florida College System institution shall provide noncredit instructional activities to address community social and economic issues related to health and human relations, government, parenting, consumer economics, and senior citizens.

(17) Recreational and leisure time instruction. Each Florida College System institution shall provide noncredit instructional activities to develop recreational or leisure time skills.

(18) These provisions shall not prevent Florida College System institutions from conferring honorary degrees, certificates, or diplomas, in accordance with the Florida College System board of trustees policy.

History

• Rulemaking Authority 1001.02(1),(2)(n), (6)(c), (d), 1001.03(12), 1004.91, 1004.93, 1007.25(9) FS. Law Implemented 1001.02, 1001.03(12), 1004.02, 1004.91, 1004.93, 1007.25 FS. History–New 12-19-74, Formerly 6A-8.50, Amended 8-27-84, 8-29-85, Formerly 6A-14.30, Amended 5-14-91, 11-10-92, 5-2-95, 2-13-96, 12-30-99, 5-3-01, 7-20-04, 6-20-07, 3-25-13, 6-23-16, 6-20-17, 8-27-24.

Fla. Admin. Code R. 6A-14.0301 Withdrawal and Forgiveness

Florida College System institutions shall adhere to the following procedures relating to student withdrawal from courses and to conditions under which forgiveness for grades earned will be granted to the student.

(1) Withdrawal.

(a) The student may withdraw without academic penalty from any course by the mid-point in the semester. Midpoint shall be defined as the point after which midterm assessments are completed, not to exceed 70% percent of the term. Withdrawals after that date would be granted only through established institutional procedures. Procedures shall be published in the catalog or student handbook.

(b) The student will be permitted a maximum of two (2) withdrawals per course. Upon the third attempt, the student will not be permitted to withdraw and will receive a grade for that course.

(2) Forgiveness. Each college shall publish, in the catalog or student handbook, a statement which:

(a) Limits forgiveness to courses where D and F grades were earned.

(b) Limits to two (2) the number of times a course grade may be forgiven.

(c) Advises students that upon the third attempt per course, the student will receive a grade for that course.

(d) Advises students regarding the potential impact of forgiven courses in the computation of a student’s grade point average in transferring to other institutions, either public or private, and the need to consider the impact of retaking a course on their specific financial aid package.

(e) Courses may be repeated if they are designated as repeatable, such as choir, music, or journalism or are individualized courses of study; or if they are required to be repeated by a regulatory agency; or are being repeated as part of a regulatory requirement for continuing education to stay current in a field, such as teacher certification.

(3) Total attempts. A student may have only three (3) attempts per course including the original grade, repeat grades, and withdrawals at any point in the semester. A fourth attempt may be allowed only through an academic appeals process based on major extenuating circumstances.

(4) The number of total attempts allowed per course may be restricted for students enrolled in limited enrollment programs. Notification of such restrictions must be provided to students in writing upon admission to the limited enrollment program.

(5) Audit enrollments shall not count as attempts unless such enrollment is declared after the end of the drop/add period. Students required to enroll in developmental education, shall not be enrolled as audits.

(6) Exceptions to the above provisions may be granted through an academic appeals process in accordance with the policies of the local board of trustees. The academic appeals process shall be published in the catalog or student handbook.

History

• Rulemaking Authority 1001.02(1), (6) FS. Law Implemented 1001.02 FS. History–New 8-13-96, Amended 8-17-98, 1-23-00, 7-20-04, 6-23-16.

Fla. Admin. Code R. 6A-14.0302 Credit for Military Service

History

• Rulemaking Authority 1004.096 FS. Law Implemented 1004.096, 1004.075 FS. History–New 1-17-13, Repealed 9-20-22.

Fla. Admin. Code R. 6A-14.0303 General Education Course Options

(1) Purpose. It is necessary that every undergraduate student of a Florida public postsecondary educational institution graduates as an informed citizen through participation in rigorous general education courses. General education courses should provide broad foundational knowledge to help students develop intellectual skills and habits that enable them to become more effective and lifelong learners and contain high-level academic and critical thinking skills. This rule implements the requirements for general education courses as required by section 1007.25, F.S., and the principles, standards and content for general education required under section 1007.55, F.S.

(2) General education core courses. Courses listed in this subsection implement the required principles, standards and content in accordance with s. 1007.55, F.S. Prior to the award of an associate in arts degree, specialized associate in arts transfer degree, or baccalaureate degree, first-time-in-college students entering a Florida College System institution in the Fall Term, 2015, and thereafter must complete at least one (1) course from each of the general education subject areas listed in this section. Beginning in the 2022-23 academic year and thereafter, students entering associate in science or associate in applied science, degree programs must complete at least one (1) course from each of the general education subject areas listed in this section prior to the awarding of their degree.

(a) Communication:

1. ENC X101 English Composition I; or

2. Any student who successfully completes a course with an ENC prefix for which ENC X101 is an immediate prerequisite shall be considered to have completed the communication core.

(b) Humanities:

1. ARH X000 Art Appreciation;

2. HUM X020 Introduction to Humanities;

3. LIT X000 Introduction to Literature;

4. MUL X010 Music Literature/Music Appreciation;

5. PHI X010 Introduction to Philosophy; or

6. THE X000 Theatre Appreciation.

(c) Mathematics for students entering a Florida College System institution in the Fall Term, 2015, through the 2023-24 academic year:

1. MAC X105 College Algebra;

2. MAC X311 Calculus I;

3. MGF X106 Liberal Arts Mathematics I;

4. MGF X107 Liberal Arts Mathematics II;

5. STA X023 Statistical Methods; or

6. Any student who successfully completes a mathematics course for which one (1) of the general education core course options in mathematics is an immediate prerequisite shall be considered to have completed the mathematics core.

(d) Mathematics for students entering a Florida College System institution in the 2024-25 academic year and thereafter:

1. MAC X105 College Algebra;

2. MAC X311 Calculus I;

3. MGF X130 Mathematical Thinking;

4. STA X023 Statistical Methods; or

5. Any student who successfully completes a mathematics course for which one (1) of the general education core course options in mathematics is an immediate prerequisite shall be considered to have completed the mathematics core.

6. To avoid excess credit hours, successful completion of MGF X106 and X107 prior to the 2024-25 academic year may be used to satisfy the mathematics core in lieu of MGF X130.

(e) Natural Sciences:

1. AST X002 Descriptive Astronomy;

2. BSC X005 General Biology;

3. BSC X010 General Biology I;

4. BSC X085 Anatomy and Physiology I;

5. CHM X020 Chemistry for Liberal Studies;

6. CHM X045 General Chemistry I;

7. ESC X000 Introduction to Earth Science;

8. EVR X001 Introduction to Environmental Science;

9. GLY X010 Introduction to Geology;

10. OCE X001 Introduction to Oceanography;

11. PHY X020 Fundamentals of Physics;

12. PHY X048 General Physics with Calculus;

13. PHY X053 General Physics I; or

14. Any student who successfully completes a natural science course for which one (1) of the general education core course options in natural science is an immediate prerequisite shall be considered to have completed the natural science core.

(f) Social Sciences:

1. AMH X010 Introductory Survey to 1877;

2. AMH X020 Introductory Survey Since 1877;

3. ANT X000 Introduction to Anthropology;

4. ECO X013 Principles of Macroeconomics;

5. POS X041 American Government; or

6. PSY X012 Introduction to Psychology

(3) Other means by which students can satisfy general education core course requirements.

(a) A student who has completed an associate in arts degree, specialized associate in arts transfer degree, or baccalaureate degree conferred by a Florida College System institution or state university is considered to have met general education requirements, including requirements for general education core courses.

(b) Institutions must recognize credit earned through an acceleration mechanism in section 1007.27, F.S., as meeting the related general education core course requirement as prescribed in Rule 6A-10.024, F.A.C.

(c) Institutions may grant a substitution or modification to the courses listed above for eligible students with disabilities, subject to Rule 6A-10.041, F.A.C.

(d) Each institution must accept a student’s courses taken as meeting general education core course requirements upon transfer, regardless of whether the receiving institution offers the identical general education core courses.

(e) An institution may not require a student to complete an additional course to meet a subject area requirement in subsection (2) that was completed by the student at a Florida College System institution or state university with a course that has since been removed as a general education core course.

(4) Institutional implementation and reporting of general education core courses. Institutions shall report to the Statewide Course Numbering System, established in s. 1007.24, F.S., all courses used to fulfill subject area core course options. Any course recommended by the institution to be added to its list of general education core course options from subsection (2) of this rule must follow the statewide course description provided in the Statewide Course Numbering System and shall be reported to the Office of K-20 Articulation at Articulation@fldoe.org for review. Each institution may apply its own course titles to the general education core course options.

(5) Institutional general education course offerings implementation and reporting. The remaining courses and credits, in addition to the core course options, to fulfill the total 36-hour general education requirement for an associate in arts degree, specialized associate in arts transfer degree, and baccalaureate degrees are provided by each Florida College System institution and approved by the State Board of Education in accordance with this rule. An institution may not require a student to take an additional course to meet a subject area requirement that was completed by the student with a course that has since been removed as a general education course.

(a) Each Florida College System institution board of trustees and president must annually review and approve, at a public meeting, the courses offered by the institution that meet general education course requirements in accordance with ss. 1007.24, 1007.25 and 1007.55, F.S.

(b) Each institution must submit its approved list of general education courses to the Articulation Coordinating Committee no later than September 1 of each year by the course prefix and number in the Statewide Course Numbering System, including the institution’s course title, in a format prescribed by the Department.

(c) The Articulation Coordinating Committee shall annually submit each institution’s completed list of general education courses to the State Board of Education, along with the statewide data elements required in s. 1007.55, F.S., no later than December 1 of each year.

(d) Using the criteria for general education course standards, principles and content listed in s. 1007.55, F.S., the State Board of Education will approve or reject each institution’s list of general education course offerings and notify the institution in writing within ninety (90) days of receiving the list from the Office of K-20 Articulation.

1. If the State Board of Education rejects an institution’s list of courses, the reason(s) for the rejection will be provided in writing to the institution, including any specific courses that were found to be not in compliance with the statute.

2. An institution whose list is rejected must resubmit its list to the State Board of Education for reconsideration within sixty (60) days. Until the new list is approved, the institution must continue to offer courses from the prior approved list.

3. If an institution whose list is rejected does not submit a revised list within sixty (60) days, or if the resubmitted list is rejected by the State Board of Education, the Commissioner may withhold performance funding payments for that institution until it submits a course list that meets requirements and is approved by the State Board of Education.

History

• Rulemaking Authority 1001.02(1), (2)(n), (6)(d)3., 1007.25(3), 1007.55 FS. Law Implemented 1007.25(3), 1007.55 FS. History‒New 5-18-14, Amended 11-23-21, 2-21-23, 2-20-24, 8-27-24.

Fla. Admin. Code R. 6A-14.0304 Online Courses

College Credit for Online Courses. Florida College System institutions shall evaluate online coursework, if requested by a student prior to the initial term of enrollment, and award college credit when the following conditions are met: faculty have determined the online course content and learning outcomes to be comparable to a course offered at the institution; online courses meet the quality and accreditation standards intended for a transfer course; and the student’s intended program of study is relevant to the online course as determined by subject area faculty. Nothing in this rule should prohibit a Florida College System institution from establishing additional mechanisms for the award of college credit for online courses.

(1) By fall 2015, each Florida College System institution board of trustees shall adopt a policy that enables students to earn appropriate credit for online coursework prior to initial enrollment. The policy shall include:

(a) A description of student responsibilities for initiating a review of prior learning through online courses and documentation requirements for the purposes of determining equivalency of required outcomes within the student’s intended program of study.

(b) A description of the review procedures of prior learning through online coursework that is within the same parameters and quality assurance protocols, including faculty credential evaluation, outcome equivalency and student demonstrated mastery of competency, as any other award of credit for prior learning that is not guaranteed to transfer pursuant to Section 1007.24(7), F.S.

(c) A description of credit that may be granted to students for coursework that is recognized by the American Council on Education (ACE).

(d) A description of the student appeals process.

(2) The procedure for the alignment of coursework is to determine whether the online course fulfills a general education or major course or degree program requirement and, if deemed equivalent, apply the credit as such. Otherwise, credit will be granted to the extent elective credits are needed to fulfill program requirements.

(3) Credit awarded for online coursework shall be noted on the student’s transcript. A receiving Florida public postsecondary institution may accept in transfer any college credit that was previously evaluated and awarded by a Florida public postsecondary institution, and that is appropriate to the student’s program of study.

(4) Each Florida College System institution shall display the policy on its website and within its catalog.

History

• Rulemaking Authority 1004.0961 FS. Law Implemented 1004.0961 FS. History–New 12-23-14.

Fla. Admin. Code R. 6A-14.0305 Out-of-State Fee Waiver for Veterans and Other Eligible Students

(1) Each Florida College System institution board of trustees, each district school board with a career center authorized under Section 1001.44, F.S., and each board of directors for a charter technical career center authorized under Section 1002.34, F.S., shall waive out-of-state fees for:

(a) Honorably discharged veterans of the United States Armed and Reserve Forces (Air Force, Army, Coast Guard, Marines, and Navy) and the National Guard (Army and Air) or any other student who is entitled to and uses educational assistance provided by the United States Department of Veterans Affairs who physically resides in Florida while enrolled as a degree or certificate seeking student. Tuition and fees charged to a student who qualifies for the out-of-state fee waiver under this subsection may not exceed the tuition and fees charged a resident student enrolled in the same program.

(b) Active duty member of the Armed Forces of the United States residing or stationed outside of Florida who are enrolled as a degree or certificate seeking student. Tuition and fees charged to a student who qualifies for the out-of-state fee waiver under this subsection may not exceed the tuition and fees charged to a resident student enrolled in the same program.

(2) Each Florida College System institution board of trustees, each district school board with a career center authorized under Section 1001.44, F.S., and each board of directors for a charter technical career center authorized under Section 1002.34, F.S., shall adopt written policies and procedures for determining student eligibility to include verification of eligibility for educational assistance provided by the United States Department of Veterans Affairs. Evidence of eligibility includes:

(a) A current Florida driver license or Florida identification card or other documentation to demonstrate physical residence in Florida.

(b) Military separation documentation such as the most recent Certificate of Release or Discharge from Active Duty (i.e., DD Form 214) to demonstrate veteran and discharge status.

(c) Documentation from the United States Department of Veterans Affairs that the student requesting the out-of-state fee waiver is eligible for educational assistance.

(3) Pursuant to Section 1009.285, F.S., a student will be required to pay tuition at one hundred (100) percent of the full cost of instruction upon the third attempt of a course unless the Florida College System institution has granted an exception due to extenuating circumstances.

History

• Rulemaking Authority 1009.26 FS. Law Implemented 1009.26 FS. History‒New 7-28-15, Amended 10-30-16.

Fla. Admin. Code R. 6A-14.0306 Death Benefits for Survivors of First Responders and Military Members

(1) Waiver. Each Florida College System institution’s board of trustees, each district school board with a career center authorized under Section 1001.44, F.S., and each board of directors for a charter technical career center authorized under Section 1002.34, F.S., shall adopt and implement policies or procedures to ensure that the educational expenses of an eligible child or spouse of the following individuals are waived while obtaining an undergraduate education:

(a) A deceased law enforcement, correctional, or correctional probation officer as provided in Sections 112.19 and 112.1912, F.S.;

(b) A deceased firefighter as provided in Sections 112.191 and 112.1912, F.S.;

(c) A deceased emergency medical technician or paramedic as provided in Sections 112.1911 and 112.1912, F.S.;

(d) A deceased active duty United States Armed Forces member as provided in Section 295.061, F.S.; and

(e) A deceased Florida National Guard member as provided in Sections 250.34, 112.19, and 112.1912, F.S.

(2) Waived Educational Expenses. The amount waived by the institution must be equal to the cost of tuition, matriculation and registration fees for a total of 120 credit hours or the equivalent of 3,600 clock hours.

(3) Eligibility.

(a) Each institution must determine and verify student eligibility, including any necessary documentation to prove marriage, kinship, employment or military status, death, and death in the line of duty. Evidence of eligibility may include:

1. Birth and marriage certificates;

2. Notarized statement from the deceased’s employer; military documentation, such as AF Form 348 and DD Form 261; documentation showing receipt of death benefits, including but not limited to, insurance, workers’ compensation, and the Florida Retirement System;

3. Death certificate; and

4. Other documentation set forth in the institution’s policies and procedures.

(b) The child or spouse may attend on either a full-time or part-time basis. The benefits provided to a child under this rule shall continue until the child’s 25th birthday. The benefits provided to a spouse under this rule must commence within five (5) years after the death occurs and entitlement thereto shall continue until the 10th anniversary of that death.

(c) Upon failure of any child or spouse who receives a waiver in accordance with this rule to comply with the ordinary and minimum requirements regarding discipline and scholarship of the institution attended, such waiver must be withdrawn from the child or spouse and no further moneys may be expended for the child's or spouse's benefit so long as such failure or delinquency continues.

(d) Only a student in good standing in his or her respective institution may receive the benefits provided in this rule.

(e) A child or spouse receiving benefits under this rule must be enrolled according to the customary rules and requirements of the institution attended.

History

• Rulemaking Authority 112.19(5), 112.191(5), 112.1912(2), 295.061(8) FS. Law Implemented 112.19, 112.191, 112.1912, 295.061 FS. History‒New 8-18-20.

Fla. Admin. Code R. 6A-14.031 Acceleration Mechanisms for Program Completion

History

• Rulemaking Authority 1001.02(1), (9), 1001.03 FS. Law Implemented 1007.22-.25 FS. History–New 12-19-74, Formerly 6A-8.59, Amended 4-8-75, 7-26-84, Formerly 6A-14.31, Repealed 10-25-11.

Fla. Admin. Code R. 6A-14.032 Report on Instructional Programs

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 20.15, 240.349, 240.359 FS. History–New 12-19-74, Formerly 6A-8.51, Formerly 6A-14.32, Repealed 4-27-82.

Fla. Admin. Code R. 6A-14.033 Vocational and Adult General Education Programs

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 228.072, 240.301, 240.325, 240.355 FS. History–New 12-19-74, Formerly 6A-8.52, Amended 12-26-77, 6-12-83, Formerly 6A-14.33, Repealed 7-26-84.

Fla. Admin. Code R. 6A-14.034 Vocational Education Definitions

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 229.551(1)(h), 240.355 FS. History–New 12-19-74, Formerly 6A-8.55, Amended 5-25-82, 8-20-84, Formerly 6A-14.34, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0341 Responsibilities of Community Colleges for Vocational Education

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 233.068, 240.301, 240.319, 240.355 FS. History–New 12-19-74, Formerly 6A-8.56, Amended 12-26-77, 8-14-84, Formerly 6A-14.341, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.0342 Direct Job Related Vocational Offerings Required for Each Community College Board

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335, 233.068 FS. History–New 12-19-74, Formerly 6A-8.58, Amended 12-26-77, 7-16-79, Formerly 6A-14.342, Repealed 8-14-84.

Fla. Admin. Code R. 6A-14.0343 Scope of Vocational Education

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 228.041, 240.355, 233.0682 FS. History–New 12-19-74, Formerly 6A-8.551, Formerly 6A-14.343, Repealed 8-14-84.

Fla. Admin. Code R. 6A-14.0344 Types of Vocational Education Courses and Activites

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 228.041(22), 240.355, 233.0682 FS. History–New 12-19-74, Formerly 6A-8.552, 6A-14.344, Repealed 8-14-84.

Fla. Admin. Code R. 6A-14.0345 Instructional Components of Vocational Education

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 228.041(22), 240.355, 233.068, 233.0682 FS. History–New 12-19-74, Formerly 6A-8.553, 6A-14.345, Repealed 8-14-84.

Fla. Admin. Code R. 6A-14.035 Preapprenticeship Training

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.355, 446.052 FS. History–New 12-19-74, Formerly 6A-8.582, Amended 7-16-79, 8-14-84, Formerly 6A-14.35, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.036 Administrators of Vocational Education

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 231.3505, 240.335 FS. History–New 12-19-74, Formerly 6A-8.572, Amended 12-26-77, 7-16-79, 4-27-82, Formerly 6A-14.36, Repealed 6-28-83.

Fla. Admin. Code R. 6A-14.037 Coordinating Council for Vocational Education, Adult General Education, and Community Instructional Services

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.355, 233.03682 FS. History–New 12-19-74, Formerly 6A-8.57, 6A-14.37, Repealed 8-14-84.

Fla. Admin. Code R. 6A-14.038 Business and Industry Liaison

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.355 FS. History–New 12-19-74, Formerly 6A-8.571, Amended 12-26-77, 8-14-84, Formerly 6A-14.38, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.039 Drug Abuse Education

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 233.067, 240.325 FS. History–New 12-19-74, Formerly 6A-8.54, Amended 1-17-85, Formerly 6A-14.39, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.040 Time of Service Computation

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.325, 240.335 FS. History–New 12-19-74, Formerly 6A-8.792, Amended 9-11-84, Formerly 6A-14.40, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.041 Personnel Contracts

(1) Contract forms for college personnel shall be prescribed by the board of trustees.

(2) Periods of service. Full-time administrative personnel may be given multi-year contracts not to exceed three (3) years, but other contracts, except for the president, shall not exceed twelve (12) months.

(3) A contract shall not create the expectancy of employment beyond the term of the contract. Non-renewal of a contract shall not entitle the person to the reasons for non-renewal or to a hearing.

History

• Rulemaking Authority 1001.02(1), 1001.64(18), 1012.83, 1012.855 FS. Law Implemented 1012.83 FS. History–New 12-19-74, Formerly 6A-8.31, Amended 1-29-76, 12-26-77, 7-16-79, 1-6-83, 9-11-84, 11-5-85, Formerly 6A-14.41, Amended 12-25-86, 7-20-04.

Fla. Admin. Code R. 6A-14.0411 Employment Contracts for Full-Time Faculty

(1) Each District Board of Trustees shall develop, maintain and distribute a policy governing the issuance of continuing contracts and other employment contracts for employees serving in a full-time faculty capacity as determined by the college. Such policy shall be consistent with this rule.

(2) In order to be eligible for a continuing contract, full-time faculty shall meet the following minimum requirements:

(a) Complete at least five (5) years of satisfactory service, based on the criteria set forth in subsection (3) below, in the same college, except as provided below, during a period not in excess of seven (7) years. In all cases, such service shall be continuous except for leave duly authorized and granted. The policy established by the district board of trustees may also consider satisfactory service in other institutions of higher learning for purposes of this section.

(b) Receive the recommendation of the president and approval by the board for a continuing contract based on successful performance of duties, demonstration of professional competence pursuant to policy adopted by the board in accordance with subsection (3) of this rule and the needs of the college.

(3) Each board of trustees, after receiving a recommendation from the president and ensuring that input has been received from the faculty, shall establish criteria which must be met by a full-time faculty member before a continuing contract may be awarded.

(a) Such criteria, shall include:

1. Quantifiable measured effectiveness in the performance of faculty duties;

2. Continuing professional development;

3. Currency and scope of subject matter knowledge;

4. Relevant feedback from students, faculty and employers of students;

5. Service to the department, college, and community; and,

6. Criteria determined by the board under subsection (8) of this rule.

(b) Such criteria may include:

1. Educational qualifications, efficiency, compatability, student learning outcomes, character;

2. Capacity to meet the educational needs of the community;

3. The length of time the duties and responsibility of this position are expected to be needed; and,

4. Such other criteria as shall be included by the board.

(4) Each board may establish full-time faculty positions that are not eligible for continuing contract. Faculty hired in these positions may be awarded multiple year contracts, annual contracts, or contracts of less than one (1) year. Notwithstanding any provision in Rule 6A-14.041, F.A.C., no multiple year contracts may exceed three (3) years. Each board shall adopt policies addressing such positions and contracts.

(5) Each employee issued a continuing contract shall be entitled to continue in his or her respective full-time faculty position at the college without the necessity for annual nomination or reappointment until the individual resigns from employment, except as provided in subsection (7) of this rule.

(6) In order to contribute to the continual growth and development of faculty, each board shall adopt policy requiring periodic post-award performance reviews for faculty under continuing contract. Periodic reviews of continuing contract faculty shall use the criteria under subsection (3) of this rule.

(7)(a) Each district board of trustees may, upon recommendation of the president, terminate a full-time faculty employee under continuing contract, or return the employee to an annual contract, for failure to meet post-award performance criteria, or, for cause in accordance with college policies and procedures upon recommendation by the president and approval by the board. The president or designee shall notify the full-time faculty employee in writing of the recommendation and shall afford the full-time faculty employee the right to formally challenge the action in accordance with the policies and procedures of the college. As an alternative to the hearing rights provided by college policies and procedures, the employee may request an administrative hearing in accordance with Chapter 120, F.S., by filing a petition with the board within twenty-one (21) days of receipt of the recommendation of the president.

(b) Upon recommendation of the president, the board may terminate a full-time faculty employee under continuing contract upon consolidation, reduction, or elimination of an institution’s program, or restriction of the required duties of a position by the board. The board shall determine on the basis of the criteria set forth in subsections (2) and (3) of this rule, which full-time faculty employees to retain on a continuing contract and which shall be dismissed or returned to an annual contract. The decision of the board shall not be controlled by any previous contractual relationship. In the evaluation of these factors, the decision of the board shall be final.

(8) In addition, each district board of trustees, after receiving a recommendation from the president and ensuring that input has been received from the faculty, shall develop appropriate criteria to measure student success, which may include the following factors, as appropriate:

(a) Demonstrated or documented learning gains;

(b) Course completion rates;

(c) Graduation and/or certification rates;

(d) Continued success in subsequent and additional courses or educational pursuits;

(e) Job placements in the appropriate field; and,

(f) Other criteria as may be included in the policy approved by the board.

Such criteria shall be used, as appropriate, for the particular field of learning and the individual faculty member, as consideration in determining whether to grant a continuing contract pursuant to subsection (3), above. Such factors shall also be used, as relevant and appropriate to individual faculty members, in the review set forth in subsection (6), above.

(9) Any full-time faculty employee holding a continuing contract who accepts an offer of annual employment in a capacity other than that in which the continuing contract was awarded may be granted an administrative leave of absence pursuant to the college’s administrative rules.

(10) In order to provide for a transition period for full-time faculty in the process of being considered for continuing contracts, each board may provide an exemption from the time requirements set forth in paragraph (2)(a) of this rule for full-time faculty being considered for an award of a continuing contract during the 2012-13, 2013-14 and the 2014-15 fiscal years. In addition, each board may provide credit for prior satisfactory years of service for purposes of determining eligibility for a continuing contract. In order to provide adequate time for boards of trustees to develop the criteria described in this Rule, the criteria set forth in subsections (3) and (6) of this rule shall apply beginning in the 2013-14 fiscal year.

History

• Rulemaking Authority 1001.02(1), (6). 1012.83, 1012.855 FS. Law Implemented 1001.64(4), (18), 1012.83, 1012.855 FS. History–New 12-19-74, Formerly 6A-8.33, Amended 12-9-75, 2-14-77, 12-26-77, 7-16-79, Formerly 6A-14.411, Amended 7-20-04, 4-23-13.

Fla. Admin. Code R. 6A-14.0412 Annual Contracts Under Certain Conditions

History

• Rulemaking Authority 229.053(1), 240.325, 240.330, 240.335, 1001.02(1), (9), 1012.83, 1012.855 FS. Law Implemented 240.339, 1012.83 FS. History–New 12-19-74, Formerly 6A-8.34, Formerly 6A-14.412, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.0413 Form and Content of Contracts for Instructional and Administrative Personnel and Other Personnel

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.339 FS. History–New 12-19-74, Formerly 6A-8.35, Amended 12-26-77, 7-16-79, Formerly 6A-14.413, Repealed 9-11-84.

Fla. Admin. Code R. 6A-14.0414 Certification of Personnel

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 231.3505, 240.335 FS. History–New 12-19-74, Formerly 6A-8.32, Amended 10-7-75, 7-16-79, 2-4-81, 9-11-84, Formerly 6A-14.414, Repealed 10-6-92.

Fla. Admin. Code R. 6A-14.0415 Certificates for Community College Personnel

History

• Rulemaking Authority 229.053(1), 240.235 FS. Law Implemented 240.325, 240.335 FS. History–New 12-19-74, Formerly 6A-8.36, Amended 11-9-76, 12-26-77, Formerly 6A-14.415, Repealed 7-16-79.

Fla. Admin. Code R. 6A-14.0416 Revocational of Certificates

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.37, 6A-14.416, Repealed 7-16-79.

Fla. Admin. Code R. 6A-14.0417 Procedures to Revoke or Suspend Certificates

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.38, 6A-14.417, Repealed 7-16-79.

Fla. Admin. Code R. 6A-14.042 Absence from Duty

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.72, Amended 11-18-84, Formerly 6A-14.42, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0421 Leave of Absence

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.721, Amended 11-18-84, Formerly 6A-14.421, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0422 Leave Credit

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.7211, Amended 11-18-84, Formerly 6A-14.422, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0423 All Proper Absence from Duty to Be Covered by Leave

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.722, 6A-14.423, Repealed 11-18-84.

Fla. Admin. Code R. 6A-14.0424 Other Leave Granted by the Board

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.723, Amended 12-26-77, Formerly 6A-14.424, Repealed 11-18-84.

Fla. Admin. Code R. 6A-14.0425 Leave to Be Used for the Purposes Set Forth in Application

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.724, 6A-14.426, Repealed 11-18-84.

Fla. Admin. Code R. 6A-14.0426 Extent of Leave

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.725, Amended 11-18-84, Formerly 6A-14.426, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0427 Court Related Leave

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 120.58(1)(c), 240.335 FS. History–New 6-1-75, Amended 12-19-84, Formerly 6A-14.427, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0432 Military Leave

History

• Rulemaking Authority 115.09, 115.14, 295.09, 1001.02(1), (9), 1012.855 FS. Law Implemented 115.09, 115.14, 295.09 FS. History–New 12-19-74, Formerly 6A-8.7253, Amended 3-11-85, 11-5-85, Formerly 6A-14.432, Repealed 1-7-16.

Fla. Admin. Code R. 6A-14.043 Professional Leave

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.7251, Amended 12-19-84, Formerly 6A-14.43, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0431 Vacation Leave

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.7252, Amended 6-1-75, 2-14-77, 12-19-84, Formerly 6A-14.431, Repealed 7-2-98.

Fla. Admin. Code R. 6A-14.0433 Personal Leave

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.7254, Amended 12-19-84, Formerly 6A-14.433, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0434 Absence Without Leave

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.7255, Amended 11-18-84, Formerly 6A-14.434, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0435 Sick Leave

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 240.335, 231.40 FS. History–New 12-19-74, Formerly 6A-8.7256, Amended 4-8-75, Formerly 6A-14.435, Repealed 10-23-79.

Fla. Admin. Code R. 6A-14.0436 Illness-in-Line-of-Duty Leave

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.873, Amended 12-9-75, 1-9-85, Formerly 6A-14.436, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0437 Maternity Leave

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 10-28-75, Amended 12-19-84, Formerly 6A-14.437, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.044 Temporary Duty

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.319, 240.335 FS. History–New 12-19-74, Formerly 6A-8.74, Amended 12-19-84, Formerly 6A-14.44, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0441 Substitute Personnel

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.742, Amended 12-19-84, Formerly 6A-14.441, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0442 Other Absences of Personnel

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.743, Amended 10-28-75, Formerly 6A-14.442, Repealed 11-18-84.

Fla. Admin. Code R. 6A-14.045 Provisions Relating to Florida Workmen’s Compensation Law

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.744, 6A-14.45, Repealed 12-19-84.

Fla. Admin. Code R. 6A-14.046 Salary Schedules

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.335 FS. History–New 12-19-74, Formerly 6A-8.75, Amended 12-26-77, 12-31-84, Formerly 6A-14.46, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.047 Personnel Records

(1) Personnel records shall contain information for efficient personnel administration which shall include dates of appointment, periods of employment, contract status, duties performed, records of leave, and evidence of factors used to calculate salary, retirement system records, and related documentation as determined by the college.

(2) Limited access records about employee performance; investigations of employee misconduct; disciplinary proceedings; and grievance proceedings brought by an employee for enforcement of a collective bargaining agreement or contract shall be released only according to Section 1012.81, F.S.

(3) Personnel records and limited access files shall be maintained by custodians designated by the college president.

History

• Rulemaking Authority 1001.02(1), 1001.64(18), 1012.81 FS. Law Implemented 1012.81 FS. History–New 12-19-74, Formerly 6A-8.751, Amended 6-27-78, 12-19-84, Formerly 6A-14.47, Amended 7-20-04, 3-25-13.

Fla. Admin. Code R. 6A-14.048 Employment of Professional Services

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.319, 240.335 FS. History–New 12-19-74, Formerly 6A-8.762, 6A-14.48, Repealed 6-27-85.

Fla. Admin. Code R. 6A-14.049 Legal Services for Employees

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.375 FS. History–New 12-19-74, Formerly 6A-8.763, 6A-14.49, Repealed 4-27-82.

Fla. Admin. Code R. 6A-14.0491 Instructional Personnel – Availability to Students

History

• Rulemaking Authority 1001.02(1), 1001.64(18) FS. Law Implemented 1001.64(18) FS. History–New 7-20-04, Repealed 10-23-21.

Fla. Admin. Code R. 6A-14.050 Requirements for Admission

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.321 FS. History–New 12-19-74, Formerly 6A-8.62, 6A-14.50, Repealed 12-19-84.

Fla. Admin. Code R. 6A-14.051 Student Records

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 228.093, 240.323 FS. History–New 12-19-74, Formerly 6A-8.64, Amended 10-28-75, 12-26-77, 6-27-78, 1-9-85, Formerly 6A-14.51, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.052 Florida Student Definition

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.1201 FS. History–New 12-19-74, Formerly 6A-8.6121, Amended 8-12-75, 7-6-76, 12-26-77, 6-12-83, Formerly 6A-14.52, Repealed 8-29-85.

Fla. Admin. Code R. 6A-14.0521 Waiver of Florida Residency Requirement for Viotnamese Refugees

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 240.345 FS., P.L. 9-4-24, Indo-China Migration and Regugee Assistance Act of 1975. History–New 11-25-75, Formerly 6A-14.521, Repealed 12-26-77.

Fla. Admin. Code R. 6A-14.053 Student Fees and Tuition in Community Colleges

History

• Rulemaking Authority 229.053 FS. Law Implemented 240.345, 239.671 FS. History–New 12-19-74, Formerly 6A-8.61, 6A-14.53, Repealed 1-10-77.

Fla. Admin. Code R. 6A-14.054 Student Fees

Each board of trustees shall establish, publish, collect, and budget student fees, and shall establish dates for paying fees. The dates shall be no later than the last day of the drop and add periods established by the boards.

(1) The percentage of the cost of education to be paid by students shall be computed annually from the Florida College System Program Fund by the Division of Florida Colleges, on behalf of the State Board of Education, for three (3) categories of instructional classifications: advanced and professional, postsecondary vocational, and college preparatory. The cost of each category shall be calculated by applying the percentage factors from the most recent annual cost analysis of the general current fund to the Florida College System Program Fund of the prior year.

(2) Tuition fees shall be charged only for instruction provided by the college. Tuition fees shall not be charged for the assessment of prior learning or the awarding of credit based on prior learning, regardless of whether the prior learning was acquired through instruction provided by the college or through instruction or experience external to the college.

(3) Each board of trustees may allow a discount or charge a premium to tuition or out-of-state fees for the purpose of resource management. The resultant tuition and out-of-state fees shall be within the ranges specified in Section 1009.23(4), F.S.

(4) Recreational and leisure time instruction. Each board of trustees shall establish fees for recreational and leisure time instruction which generate annual revenue at least equal to the full cost of such instruction.

(5) Audit fees. Students who audit courses shall pay the same fees as required of students enrolled for credit.

(6) Each board of trustees shall have the authority to negotiate tuition fees for courses and programs contracted by external agencies and companies which vary from the tuition fee provided for in this rule. Such negotiated fees may exceed the full cost of instruction. The courses and programs of instruction funded from these negotiated fees shall not be reported for state funding purposes.

(7) Veterans and other eligible students under Section 1009.27(2), F.S., shall receive, upon request, one (1) deferment per academic year for the payment of registration fees. Upon request, such persons shall receive an additional deferment each time there is a delay in receipt of such benefits. Such deferments shall be for sixty (60) days, except they shall not extend beyond the end of the term.

(8) When institutional, state, or federal financial aid other than veterans’ benefits is delayed in being transmitted to students through circumstances beyond their control, registration fees may be deferred up to sixty (60) days, but not beyond the end of the term, unless the institutions, state, or federal rules or regulations require additional time, events, or documentation that cannot be completed within the prescribed sixty (60) day period. Failure to make timely application for such aid shall not be a reason for granting deferral. The deferment shall be in accordance with rules adopted by the board of trustees setting forth the conditions under which the deferment shall be granted. A list of persons for whom fees are deferred and the amount of fees deferred shall be maintained.

(9) When Florida Prepaid College Program benefits are delayed in being paid from the program to the Florida College System institution through circumstances beyond the control of the student, registration fees covered by the benefits shall be deferred until the benefits are paid. The Florida College System institution shall notify the Division of Florida Colleges if the benefits are not paid on a timely basis.

(10) When the college has a written promise of payment from business, industry, government unit, nonprofit organization, or civic organization, fees may be deferred as determined by the board of trustees.

(11) Registration fees are defined as tuition, out-of-state, student financial aid, activity and service, capital improvement, laboratory, and all other fees collected during the registration process.

(12) When registration fees are waived by a board of trustees, a list of persons for whom fees are waived, documentation supporting the waivers, and the amount of fees waived shall be maintained.

History

• Rulemaking Authority 1001.02(1), 1001.64(4)(b), 1009.23 FS. Law Implemented 1001.02, 1001.64, 1009.23, 1009.27 FS. History–New 12-19-74, Formerly 6A-8.611, Amended 4-8-75, 9-8-76, 1-10-77, 12-26-77, 9-6-78, 4-10-79, 7-2-79, 3-30-81, 7-16-81, 11-12-81, 8-16-82, 3-17-83, 12-20-83, 12-19-84, 5-14-85, 9-10-85, Formerly 6A-14.54, Amended 6-1-86, 11-13-86, 11-24-87, 9-14-88, 11-12-90, 7-1-92, 2-18-93, 2-16-94, 3-21-95, 3-20-96, 11-13-96, 7-20-04, 6-23-16.

Fla. Admin. Code R. 6A-14.0541 Student Fee Refunds

Each community college board of trustees shall establish a rule for the refund of tuition, out-of-state fees, and other fees assessed pursuant to Rule 6A-14.054, F.A.C. Such rule shall include the following:

(1) A one hundred percent (100%) refund of tuition, out-of-state fees, and other fees when official drop notification is received and approved prior to the end of the college’s published drop/add period.

(2) Criteria for refunds when a student drops a course due to circumstances determined by the college to be exceptional and beyond the control of the student which may include but not be limited to serious illness, death, involuntary call to active military duty, or other emergency circumstance or extraordinary situations identified by college rule.

(3) Exceptions to the hundred percent (100%) refund provision in subsection (1) shall be made pursuant to federal rules for prorated refunds.

(4) Notwithstanding the provisions of subsection 6A-14.076(3), F.A.C., refunds made pursuant to subsections (2) and (3) shall not affect the calculation of full-time equivalent students.

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1001.02, 1001.64, 1009.23, 1010.02 FS. History–New 3-24-92, Amended 5-16-94, 7-20-04.

Fla. Admin. Code R. 6A-14.0542 Tuition Waiver for Classroom Teachers

Pursuant to Section 1009.26(10), F.S., Florida colleges may waive tuition and associated matriculation fees for classroom teachers enrolled in courses approved by the Department of Education for up to six (6) college credit hours per term. The Department will implement the following approval process for the courses applicable to this waiver.

(1) The Department will identify course prefixes listed in the Statewide Course Numbering System established according to Section 1007.24, F.S., in the areas of special education, mathematics, and science. All undergraduate courses with levels 1 through 4 and designated by the identified prefixes will be eligible for the waiver.

(2) The Department will submit the proposed list of eligible prefixes and all requested updates to the Articulation Coordinating Committee established in Section 1007.01(3), F.S. The initial list and all updates must be approved by the Articulation Coordinating Committee and the Department. A course prefix shall be approved if courses containing the prefix relate to special education, mathematics, or science at the undergraduate level.

(3) Upon approval of the list by the Articulation Coordinating Committee and the Department, the Department will publish the Course Prefix Listing Approved for the Teacher Waiver, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00246) 2011 which is hereby incorporated by reference in this rule and may be obtained at http://www.fldoe.org/policy/articulation/. All undergraduate courses with levels 1 through 4 and designated by the identified prefixes will be eligible for the waiver.

(4) Any interested person may submit a request for modification of the Course Prefix Listing Approved for the Teacher Waiver by submitting a request in writing to: articulation@fldoe.org or Office of Articulation, 325 West Gaines Street, Tallahassee, Florida 32399.

History

• Rulemaking Authority 1009.26(10) FS. Law Implemented 1009.26 FS. History–New 6-21-11.

Fla. Admin. Code R. 6A-14.055 Placement and Follow-up

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 229.551(3)(g), 233.0682, 240.355 FS. History–New 12-19-74, Formerly 6A-8.581, Amended 12-26-77, 7-16-79, 1-9-85, Formerly 6A-14.55, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.056 Control and Discipline of Students

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.133, 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.60, Amended 12-26-77, 10-23-79, Formerly 6A-14.56, Repealed 3-13-85.

Fla. Admin. Code R. 6A-14.057 Student Activities

(1) Expenditures from student activity and service fees shall be according to a budget prepared jointly by students and college staff and approved by the president. Each board of trustees shall adopt procedures for student participation in the development of the budget for expenditures funded from the student activity and service fee. Such procedures shall require the budget to be based upon an estimate of total funds generated from this fee as well as an estimate of funds carried forward from the prior year. All lawful expenditures which benefit the student body may be funded from the student activity and service fee fund if such expenditures are included in the approved budget for this fee. Non-religious and religious student organizations may participate without respect to viewpoint and whether or not officers are required to abide by a statement of orthodoxy or faith. Sponsors shall be appointed for student activities so financed.

(2) Student organizations not so financed may be permitted on campus with faculty or staff advisors and under rules of the board of trustees. A college as a service to the organizations, or if necessary for the protection of student members, may provide that organization funds be placed with the college business office, to be held in a custodial account and to be withdrawn and expended upon requisition according to the organization’s approved budget.

History

• Rulemaking Authority 1001.02(1), 1009.23(7), 1010.02 FS. Law Implemented 1001.02, 1001.64, 1009.23(7), 1010.02 FS. History–New 12-19-74, Formerly 6A-8.19, Amended 12-26-77, 4-17-85, Formerly 6A-14.57, Amended 12-18-94, 6-24-03, 7-20-04.

Fla. Admin. Code R. 6A-14.0571 Religious Observance by Students

History

• Rulemaking Authority 1006.53 FS. Law Implemented 1006.53 FS. History–New 7-17-89, Formerly 6H-1.043, Repealed 1-7-16.

Fla. Admin. Code R. 6A-14.058 Athletics

History

• Rulemaking Authority 1001.02(1), 1001.03 FS. Law Implemented 1001.02, 1004.65(8) FS. History–New 12-19-74, Formerly 6A-8.53, Amended 3-13-85, Formerly 6A-14.58, Repealed 11-23-21.

Fla. Admin. Code R. 6A-14.0582 Florida College System Intercollegiate Student-Athletes

(1) Student athlete compensation and rights. Each student athlete participating in an intercollegiate athletics program at a Florida College System institution may earn compensation for the use of their name, image, or likeness (NIL) as provided in Section 1006.74, F.S.

(a) Each Florida College System institution with intercollegiate athletics programs must, in the process of recruiting student athletes and signing letters of intent, agreements, and contracts, post or make available the requirements as specified in Section 1006.74, F.S.

(b) Each Florida College System institution with intercollegiate athletics programs may adopt policies or procedures consistent with Section 1006.74, F.S., and this rule regarding student athlete compensation.

(c) A Florida College System institution or an employee of such institution, including an athletic coach, is not liable for any damages to an intercollegiate athlete's ability to earn compensation for the use of her or his name, image, or likeness resulting from decisions and actions routinely taken in the course of intercollegiate athletics.

(2) Financial literacy, life skills, and entrepreneurship workshops. Each Florida College System institution with intercollegiate athletics programs must conduct at least two (2) financial literacy, life skills, and entrepreneurship workshops, each for a minimum of five (5) hours before the graduation of an intercollegiate athlete pursuant to Section 1006.74(2), F.S. The workshops may not be identical, and the second workshop must include more rigorous instruction. The workshops may not be conducted in the same semester. All student athletes including those who are not receiving compensation for their NIL are required to complete the workshops. Institutions may utilize new or existing curriculum incorporating the required topics, and the instruction may be delivered through student life skills and related courses, orientation sessions, learning management systems or other technology solutions, workshops, or other appropriate means.

History

• Rulemaking Authority 1001.02(2)(n), 1006.74 FS. Law Implemented 1006.74 FS. History‒New 7-14-21, Amended 9-26-23.

Fla. Admin. Code R. 6A-14.060 Accountability Standards

The standards herein provide a basis for quality improvement and for accountability. Each community college shall:

(1) Adopt and follow a periodic needs assessment process to determine the educational services needed within the community college district. The process shall use accurate and current information about the educational services which could be provided by the college pursuant to its purpose. Needs assessment shall be conducted in cooperation with other institutions and agencies serving the district.

(2) Provide a system to enable its students to set educational goals for themselves and to use its services to attain the goals. The system shall recognize that many students establish their goals without direct assistance from the institution. Consideration of student goals shall be an important part of the institutional planning process.

(3) Establish a process to select and retain employees who are successful in helping the college accomplish its purpose. The process shall involve selection, evaluation, development, and retention procedures related to successful performance of the responsibilities for which the personnel are employed.

(4) Provide equal access to and equal opportunity in employment, programs, and services without regard to race, color, age, national origin, religion, marital status, sex or disability.

(5) Develop a comprehensive, long-range program plan, including program and service priorities. Statements of expected outcomes shall be published, and facilities shall be used efficiently to achieve such outcomes. Periodic evaluations of programs and services shall use placement and follow-up data, shall determine whether expected outcomes are achieved, and shall be the basis for necessary improvements.

(6) Establish adequate and sound control of expenditures, efficient operations including energy conservation, and a budget process producing the greatest benefits to the service area. Efficiency is the economical use of resources to support programs. The emphasis is the operation of an effective program at a reasonable cost.

(7) Differentiate between the policy making responsibility of the board of trustees and the management responsibility of the president.

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.311, 240.325 FS. History–New 12-19-74, Formerly 6A-8.40, Amended 10-28-75, 12-26-77, 8-25-82, 10-12-82, 3-13-85, Formerly 6A-14.60, Amended 7-20-04.

Fla. Admin. Code R. 6A-14.061 Standards for Community Colleges

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.311, 240.325 FS. History–New 12-19-74, Formerly 6A-8.41, Amended 10-28-75, 12-26-77, 9-2-82, Formerly 6A-14.61, Repealed 3-13-85.

Fla. Admin. Code R. 6A-14.0611 Responsibilities of the Director Concerning Standards

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.325, 240.349 FS. History–New 10-28-75, Amended 12-26-77, 8-25-82, Formerly 6A-14.611, Repealed 3-13-85.

Fla. Admin. Code R. 6A-14.062 Specialized Accreditation of Community College Programs

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.325, 240.349 FS. History–New 12-19-74, Formerly 6A-8.42, Amended 10-28-75, Formerly 6A-14.62, Repealed 3-13-85.

Fla. Admin. Code R. 6A-14.063 Accreditation

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.325, 240.349 FS. History–New 10-28-75, Amended 4-7-85, Formerly 6A-14.63, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.064 College Credit Dual Enrollment

(1) To be eligible to receive college credit through dual enrollment:

(a) Students must meet the grade point average (GPA) requirements, as specified in Section 1007.271, F.S., for the degree or certificate program selected. Procedures for determining exceptions to the GPA requirements on an individual student basis must be noted in the Dual Enrollment Articulation Agreement as required by Section 1007.271, F.S.

(b) Students must demonstrate readiness for college-level work pursuant to Section 1008.30(1), F.S. and Rule 6A-10.0315, F.A.C., which is hereby incorporated by reference. Pursuant to Section 1008.30(1), F.S., Florida College System institutions may use alternative methods in lieu of the common placement tests as identified in Rule 6A-10.0315, F.A.C., to determine student eligibility to participate in dual enrollment. The use of alternative methods must be specified in the Dual Enrollment Articulation Agreement. Students who have been identified as deficient in basic competencies in one of the areas of reading, writing or mathematics, as determined by scores on a postsecondary readiness assessment or alternative method identified in Rule 6A-10.0315, F.A.C., shall not be permitted to enroll in college credit courses in curriculum areas precluded by the deficiency. Students may enroll in college credit courses that are not precluded by the deficiency; however, students may not earn more than twelve (12) college credit hours prior to the correction of all deficiencies. Exceptions to the twelve (12) college credit hour limitation may be granted by the postsecondary institution provided that the dual enrollment student is concurrently enrolled in a secondary course(s) in the basic competency area(s) for which they have been deemed deficient by the postsecondary readiness assessment or alternative method. In addition, the secondary student who has accumulated twelve (12) college credit hours and has not yet demonstrated proficiency in the basic competency areas of reading, writing and mathematics must be advised in writing by the school district of the requirements for associate degree completion and state university admission, including information about future financial aid eligibility and the potential costs of accumulating excessive college credit, as outlined in Section 1009.286, F.S.

(c) For joint dual enrollment and Advanced Placement (AP) courses, as authorized in Section 1007.272, F.S., students must comply with the add/drop policies and deadlines of the postsecondary institution. A student who elects to enroll in an AP course that is jointly offered with a dual enrollment course may not earn postsecondary credit for that course through dual enrollment.

(d) In order to remain eligible for college credit coursework, students must maintain the high school grade point average required for initial eligibility unless otherwise noted in the Dual Enrollment Articulation Agreement.

(e) Participation of exceptional student education (ESE) students must be in accordance with statutory eligibility requirements and with the procedural guidelines and district-college responsibilities delineated in the Dual Enrollment Articulation Agreement.

(f) Districts and colleges may agree to extend dual enrollment participation in Student Life Skills (designated as SLS course prefix in the Statewide Course Numbering System) courses to students who do not meet the statutory eligibility requirements, if alternate eligibility requirements are delineated in the Dual Enrollment Articulation Agreement.

(g) In order to be considered a full-time dual enrollment early admission student, the student must enroll in a minimum of twelve (12) college credit hours but may not be required to enroll in more than fifteen (15) college credit hours.

(2) The following requirements shall apply to faculty providing instruction in college credit dual enrollment courses:

(a) All full-time or adjunct faculty teaching dual enrollment courses must meet the faculty credentialing requirements of the postsecondary institution’s institutional accrediting agency. These criteria apply to all faculty teaching postsecondary courses regardless of the physical location of the course being taught. The postsecondary institution awarding credit shall ensure faculty teaching dual enrollment courses meet these qualifications.

(b) Postsecondary transcripts of all full-time or adjunct faculty teaching dual enrollment courses must be filed with the postsecondary institution, regardless of who employs or pays the faculty member’s salary. For dual enrollment courses taught on high school campuses, the faculty transcripts must be submitted to the postsecondary institution for filing.

(c) The postsecondary institution shall provide all full-time and adjunct faculty teaching dual enrollment courses with a copy of the current faculty or adjunct faculty handbook. Faculty shall adhere to the professional guidelines, rules, and expectations therein. Any exceptions to such requirements must be noted in the Dual Enrollment Articulation Agreement.

(d) The postsecondary institution shall provide all full-time and adjunct faculty teaching dual enrollment courses with a current student handbook detailing information that includes, but is not limited to, add/drop and withdrawal policies, student code of conduct, grading policies, and critical dates. Faculty shall adhere to the guidelines, rules, and expectations therein that apply to faculty. Any exceptions to such requirements must be noted in the Dual Enrollment Articulation Agreement.

(e) The postsecondary institution shall provide all adjunct faculty teaching dual enrollment courses with a full-time faculty contact or liaison in the same discipline.

(f) All full-time and adjunct faculty teaching dual enrollment courses, regardless of location of instruction, shall be observed by a designee of the college president and evaluated based on the same criteria used for all other full-time or adjunct faculty delivering college courses at that institution.

(g) The postsecondary institution shall provide all full-time and adjunct faculty teaching dual enrollment courses with a copy of course plans and objectives for the college course they are teaching. In addition, faculty shall be provided with information on additional requirements related to Rule 6A-10.030, F.A.C., if applicable. All course objectives and identified competencies must be included in the course plan and covered per the syllabus during the term.

(h) All full-time and adjunct faculty teaching dual enrollment courses shall file a copy of their current course syllabus with the college’s discipline chair or department chair prior to the start of each term. Content of the syllabus must meet the same criteria as required for all college courses offered at that institution.

(3) The following curriculum standards for content, syllabi, exams, and grades shall apply to college credit dual enrollment:

(a) Dual enrollment courses taught on the high school campus must meet all competencies expected and outlined in the postsecondary course plan. To ensure equivalent rigor with on-campus courses, the institution granting postsecondary credit shall be responsible for providing a comprehensive, cumulative end-of-course assessment or a series of assessments of all expected learning outcomes. Assessments shall be provided to the high school campus dual enrollment course instructor by the college in a timely manner to ensure availability prior to scheduled administration dates. Completed, scored exams will be returned to the postsecondary institution and held on file for a period of one (1) year.

(b) Textbooks and instructional materials used in dual enrollment courses must be the same or comparable with those used with other postsecondary courses at the postsecondary institution with the same course prefix and number. The postsecondary institution will advise the school district of instructional material requirements as soon as that information becomes available, but no later than one term prior to a course being offered.

(c) Course requirements such as tests, papers, or other assignments for dual enrollment students must be at the same level of rigor or depth as those for all non-dual enrollment postsecondary students. All full-time and adjunct faculty teaching dual enrollment courses must observe postsecondary institution procedures and deadlines for submission of grades in the appropriate format. All faculty will be advised of postsecondary institution-wide grading guidelines prior to teaching a dual enrollment course.

(d) Policies relating to dual enrollment course withdrawals and repeats shall be determined by the college and must be clearly delineated in the Dual Enrollment Articulation Agreement.

(4) The following environmental standards shall apply to college credit dual enrollment:

(a) Dual enrollment courses taught on a high school campus shall ensure minimal interruptions of instructional time. A student shall lose eligibility to participate in dual enrollment if the secondary institution where a course is being offered determines that a student is being disruptive to the learning process, such that the progress of other students and the efficient administration of the course are hindered.

(b) Dual enrollment courses may not be combined with other high school courses, except in accordance with Section 1007.272, F.S.

(c) A formalized process between the high school counselor and the college must be delineated in the Dual Enrollment Articulation Agreement for informing students and parents or guardians of college course-level expectations, including, but not limited to the following:

1. Any letter grade below a “C” will not count as credit toward satisfaction of the requirements in Rule 6A-10.030, F.A.C.; however, all grades are calculated in a student’s GPA and will appear on their college transcript.

2. All grades, including “W” for withdrawal, become a part of the student’s permanent college transcript and may affect subsequent postsecondary admission.

3. While appropriate for college-level study, course materials and class discussions may reflect topics not typically included in secondary courses which some parents may object to for minors. Courses will not be modified to accommodate variations in student age and/or maturity.

4. The selection of courses to meet degree requirements, including approved program common prerequisite courses, in order to minimize student and state costs for excess hours.

(5) The following accountability and assessment standards shall apply to college credit dual enrollment:

(a) Postsecondary institutions shall analyze student performance in dual enrollment to ensure that the level of preparation and future success is comparable with non-dual enrollment postsecondary students. Analyses and recommendations shall be shared and reviewed with the principal and local school district.

(b) High schools shall analyze course and instructor evaluations for dual enrollment courses on the high school campus. Analyses and recommendations shall be shared and reviewed by both the college and the high school.

(c) Any course-, discipline-, college-, or system-wide assessments that a postsecondary institution requires in non-dual enrollment sections of a course shall also be used in all dual enrollment sections of the course.

(d) Colleges shall compare student performance, to include final grade and exam, of dual enrollment course offerings on high school campuses and college campuses to ensure that results are comparable to non-dual enrollment sections. Results will be made available to the principal, local school district, the college president, and the Department of Education.

History

• Rulemaking Authority 1001.02(2), (6), 1007.271(12) FS. Law Implemented 1007.271 FS. History–New 6-22-10, Amended 11-23-22.

Fla. Admin. Code R. 6A-14.065 Meta-Major Academic Pathways

(1) The following meta-major academic pathways are established for the purposes of advising Florida College System associate degree seeking students of the gateway courses that are aligned with their intended academic and career goals.

(a) Arts, humanities, communication and design.

(b) Business.

(c) Education.

(d) Health sciences.

(e) Industry/manufacturing and construction.

(f) Public Safety.

(g) Science, technology, engineering, and mathematics.

(h) Social and behavioral sciences and human services.

(2) Students shall be advised of the academic pathway that correlates with their selected meta-major to include gateway courses that are appropriate to the student’s intended program of study.

(a) English Composition I, ENC X101, is the gateway course for all meta-major academic pathways.

(b) The gateway courses for mathematics are aligned with Mathematics Pathways pursuant to Rule 6A-10.024, F.A.C.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1008.30(4) FS. Law Implemented 1007.23(3), 1008.30 FS. History–New 10-22-13, Amended 3-26-26.

Fla. Admin. Code R. 6A-14.070 Budget Preparation

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 116.34, 240.361, 240.363 FS. History–New 12-19-74, Formerly 6A-8.10, Amended 12-26-77, 7-2-79, 12-7-82, 4-30-85, Formerly 6A-14.70, Amended 4-27-92, 12-19-94, Repealed 9-30-96.

Fla. Admin. Code R. 6A-14.071 Budget Examination

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.311(5), 240.361 FS. History–New 12-19-74, Formerly 6A-8.101, Amended 12-26-77, 4-30-85, Formerly 6A-14.71, Repealed 9-30-96.

Fla. Admin. Code R. 6A-14.0711 Budget Approval

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.311(5), 240.361 FS. History–New 12-19-74, Formerly 6A-8.102, Amended 4-30-85, Formerly 6A-14.711, Repealed 9-30-96.

Fla. Admin. Code R. 6A-14.0712 Budget Execution

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.363, 240.367 FS. History–New 12-19-74, Formerly 6A-8.104, Amended 12-26-77, 4-30-85, Formerly 6A-14.712, Repealed 9-30-96.

Fla. Admin. Code R. 6A-14.0713 Budget Amendments

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.311(5), 240.361, 240.363 FS. History–New 12-19-74, Formerly 6A-8.105, Amended 4-30-85, Formerly 6A-14.713, Amended 1-8-91, 4-27-92, Repealed 9-30-96.

Fla. Admin. Code R. 6A-14.0714 Expenditures Until Budget Approval

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.311(5), 240.361, 240.363 FS. History–New 12-19-74, Formerly 6A-8.103, Amended 4-30-85, Formerly 6A-14.714, Repealed 9-30-96.

Fla. Admin. Code R. 6A-14.0715 Transfer of Funds

Transfer of funds from the debt service funds to other funds is not authorized. Transfer of funds from the unexpended plant fund to other funds is not authorized except when approved by the State Board of Education to return funds temporarily advanced to encumber projects authorized and budgeted to be funded from state allocations of construction funds including proceeds from the sale of bonds in accordance with Article XII, Section 9(d), Florida Constitution. Such funds shall be returned the same fiscal year the funds against which the advance was made are received.

History

• Rulemaking Authority 1001.02, 1010.02 FS. Law Implemented 1001.02, 1010.02 FS. History–New 12-19-74, Formerly 6A-8.15, Amended 12-26-77, 3-8-83, 4-30-85, Formerly 6A-14.715.

Fla. Admin. Code R. 6A-14.0716 Florida College System Institution Budgets

Each fiscal year, each Florida College System Institution shall prepare a budget in such form as prescribed by the State Board of Education for the Current Unrestricted Fund. A copy of the budget approved by the board of trustees shall be submitted to the Chancellor, as designee of the Commissioner of Education, by June 30 or on a later date established by the Chancellor. The original or facsimile signature of the president shall certify board approval.

(1) The Chancellor, as designee of the Commissioner of Education, shall review the operating budget for each Florida College System Institution after an examination for completeness, correctness, conformity with law and State Board of Education rules, and preparation according to accepted accounting standards. Anticipated budgeted revenues shall be reasonable and transfers from general current funds shall not handicap current operations. A contingency reserve is authorized in the general current fund.

(2) Until a budget is approved, ordinary expenses may be paid at the same monthly rate as budgeted for the preceding year.

(3) Boards of trustees are authorized to amend budgets. Amended budgets are required to be in compliance with laws, rules and accepted educational accounting standards. Boards of trustees may, by rule, delegate authority for approval of budget amendments except as provided in subparagraphs (3)(b)1. and 2. of this rule.

(a) Budget amendments approved pursuant to the authority granted in this subsection may reallocate funds between organizational units of a fund and between general ledger object and class codes.

(b) The following budget amendments require review by the Chancellor:

1. Transfer of funds from the Current Unrestricted Fund.

2. Amendments which cause the unencumbered fund balance to be inconsistent with the statutory guidelines specified in Section 1011.84(3)(e), F.S.

(c) Overdrafts shall not be created in any fund or depository account.

(d) Salary deductions shall be made as required by law or as authorized by the board of trustees and approved in writing by the employee, and shall be remitted promptly.

(4) Each fiscal year, as a part of the official budget, each Florida College System Institution board of trustees shall adopt a capital outlay budget for the capital outlay needs of the college for the entire fiscal year. This budget shall designate the proposed capital outlay expenditures by project for the year from all fund sources. Separate project accounts shall be kept in the Unexpended Plant Fund for all capital outlay projects.

History

• Rulemaking Authority 1001.02(1), 1010.01, 1010.02, 1011.01, 1011.30 FS. Law Implemented 1010.01, 1010.02, 1011.01, 1011.30, 1011.84, 1013.61 FS. History–New 9-30-96, Amended 7-20-04, 6-20-07, 6-23-16.

Fla. Admin. Code R. 6A-14.0718 Prohibited Expenditures for Florida College System (FCS) Institutions

(1) Purpose. The purpose of this rule is to implement the expenditure prohibitions found in sections 1004.06, and 377.816, F.S.

(2) Definitions. For the purposes of this rule, the following terms mean:

(a) “Diversity, Equity and Inclusion” or “DEI” is any program, campus activity, or policy that classifies individuals on the basis of race, color, sex, national origin, gender identity, or sexual orientation and promotes differential or preferential treatment of individuals on the basis of such classification.

(b) “Domestic terrorist organization” means an organization whose designation as such has been published in the Florida Administrative Register in accordance with s. 943.03102, F.S.

(c) “Federal funds” are those funds provided to the institution or a direct-support organization for an institution directly or indirectly by an appropriation by Congress. This includes financial aid provided to the institution by or on behalf of a student attending the institution if that financial aid is provided to the student via a governmental aid or grant program. Federal funds do not include student fees to support student-led organizations notwithstanding any speech or expressive activity by such organizations which would otherwise violate this section, provided that the student fees must be allocated to student-led organizations pursuant to written policies or regulations of each institution, as applicable.

(d) “Foreign terrorist organization” means an organization whose designation as such has been published in the Florida Administrative Register in accordance with s. 943.03102, F.S.

(e) “Governmental entity” has the same meaning as in s. 215.985, F.S., and includes Florida College System institutions.

(f) “Net zero policy” means any policy, program, or initiative designed to achieve a balance between total amount of greenhouse gas emitted into the atmosphere with an equal amount removed from the atmosphere.

(g) “Non-traditional Student” is an undergraduate student not pursuing higher education immediately or up to two (2) years after graduating high school.

(h) “Political or Social Activism” is any activity organized with a purpose of effecting or preventing change to a government policy, action, or function, or any activity intended to achieve a desired result related to social issues, where the institution endorses or promotes a position in communications, advertisements, programs, or campus activities. Political or Social activism does not include authorized government relations and lobbying activities of the institution concerning matters that directly affect the operations of the institution or direct-support organizations of the institution. Political or Social Activism does not include endorsement or promotion of a position that encourages compliance with state or federal law or State Board of Education rule.

(i) “Programs or campus activities” are any activities authorized or administered by the institution or an institution’s direct-support organization(s) that involve:

1. Academic programs subject to review as outlined in ss. 1001.02(6)(c), 1007.25, 1007.33, F.S., other than classroom instruction;

2. Student participation, other than classroom instruction; or

3. Hiring, recruiting, evaluating, promoting, disciplining, or terminating institution employees, or contractors.

(j) “Promote” a foreign terrorist organization or a domestic terrorist organization, or a person or entity providing material support to such organizations means making a statement or taking an action that supports, approves, or encourages a terrorist organization’s extralegal violence and which in context:

1. Is reasonably interpreted as a true threat of unlawful violence;

2. Materially disrupts the orderly learning environment;

3. Involves substantial disorder or the invitation of the rights of others; or

4. Constitutes the provision of material support for or the recruitment of members for such an organization.

(k) “Public funds” means all moneys under the jurisdiction or control of a governmental entity.

(l) “Social Issues” are topics that polarize or divide society among political, ideological, moral, or religious

beliefs.

(m) “Student-led Organization” is an organization recognized by the institution as an active and registered student organization that is comprised of student members with a faculty or staff advisor including, but not limited to, organizations that receive activity and service fees pursuant to s. 1009.23, F.S.

(n) “State funds” are those funds provided to an institution or a direct-support organization for an institution directly or indirectly by an appropriation by the Florida Legislature. This includes financial aid provided to the institution by or on behalf of a student attending the institution if that financial aid is provided to the student via a state government aid or grant program. State funds do not include student fees to support student-led organizations notwithstanding any speech or expressive activity by such organizations which would otherwise violate this section, provided that the student fees must be allocated to student-led organizations pursuant to written policies or regulations of each institution, as applicable.

(3) An FCS institution or FCS institution direct-support organization may not expend any state or federal funds to promote, support, or maintain any programs or campus activities that:

(a) Violate s. 1000.05, F.S.;

(b) Advocate for DEI as defined in this rule; or

(c) Promote or engage in political or social activism as defined in this rule; or

(d) Promote a domestic or foreign terrorist organization as defined in this rule.

The State Board of Education may withhold performance-based funding of a Florida College System (FCS) institution that promotes a terrorist organization.

(4) An FCS institution or FCS institution direct-support organization advocates for DEI when it engages in a

program, policy, or activity that:

(a) Advantages or disadvantages, or attempts to advantage or disadvantage, an individual or group on the basis of race, color, sex, national origin, gender identity, or sexual orientation, to equalize or increase outcomes, participation, or representation as compared to other individuals or groups; or

(b) Promotes the position that a group or an individual’s action is inherently, unconsciously, or implicitly biased on the basis of race, color, sex, national origin, gender identity, or sexual orientation.

(5) As a government entity, an FCS institution or FCS institution direct-support organization may not use, pay, or distribute public funds in any manner that supports, implements, or advances a net zero policy by doing any of the following:

(a) Providing procurement or purchasing preferences for a product or vendor on the basis that the procurement or purchase of such product or from such vendor will advance or support a net zero policy.

(b) Providing procurement or purchasing preferences for any goods, including but not limited to, vehicles, equipment, appliances, or other products, based solely on the types or sources of fuel used by, or used in the production of, such goods.

(c) Using public funds to pay dues, membership fees, subscription fees, or charitable contributions to any nongovernmental agency or other private organization, including any trade association or organization, that:

1. Adopts a net zero policy;

2. Requires adoption of, or any commitment to support, a net zero policy as a condition of membership or of receiving any benefit of membership; or

3. Uses such funds to advocate for a net zero policy.

(6) Student-led organizations may use institution facilities notwithstanding any speech or expressive activity by such organizations that would otherwise violate subsection (3) of this rule, provided that such use must be granted to student-led organizations pursuant to written policies or regulations of each institution, as applicable.

(7) Subsection (3) of this rule does not prohibit programs, campus activities, or functions required for compliance with general or federal laws or regulations; for obtaining or retaining institutional or discipline-specific accreditation with the approval of the State Board of Education; or for access programs for military veterans, Pell Grant recipients, first generation college students, nontraditional students, “2+2” transfer students from an FCS institution or state university, students from low-income families, or students with unique abilities.

(8) Subsection (3) of this rule does not prohibit expenditure of state or federal funds, so long as the expenditure is for ministerial or administrative activities of a program or campus activity that is not unique to that program or campus activity and that specific program or campus activity is otherwise supported by private funds.

(9) An FCS institution must designate an institution official or officials who are responsible for compliance, oversight, and adherence with the prohibited expenditure provisions of this rule.

(10) As a government entity, an FCS institution shall annually submit to the Department of Revenue an affidavit, signed under penalty of perjury by an authorized official attesting they are not imposing any change, including a tax, fee, penalty, or assessment, to advance a net zero policy.

History

• Rulemaking Authority 1004.06(4) FS. Law Implemented 1004.06 FS. History–New 2-20-24, Amended 8-25-26.

Fla. Admin. Code R. 6A-14.072 Financial Records and Reports

(1) Each Florida College System institution shall keep financial records according to the Department of Education publication, “Accounting Manual for Florida’s College System,” (http://flrules.org/Gateway/reference.asp?No=Ref-19627) effective August 2026, incorporated herein by reference. Copies may be obtained through the Division of Florida Colleges, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(2) Enrollment related financial records shall be kept for all instruction so as to facilitate verification, confirmation, and comparison.

(3) If financial reports are not received from a Florida College System institution when due, the Commissioner of Education may withhold apportionments of state funds to the college until the reports are received.

History

• Rulemaking Authority 1001.02(1), 1010.01(1) FS. Law Implemented 1001.02, 1010.01 FS. History–New 12-19-74, Formerly 6A-8.11, Amended 12-26-77, 7-2-79, 5-14-85, Formerly 6A-14.72, Amended 11-12-91, 7-7-92, 2-16-94, 12-18-94, 11-27-95, 11-13-96, 12-9-97, 5-18-99, 2-29-00, 7-30-01, 5-19-03, 7-20-04, 6-20-07, 4-30-24, 7-8-25, 8-25-26.

Fla. Admin. Code R. 6A-14.0721 Cost Analysis Required

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.359 FS. History–New 12-19-74, Formerly 6A-8.21, 6A-14.721, Repealed 5-14-85.

Fla. Admin. Code R. 6A-14.073 Expenditures

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.363 FS. History–New 12-19-74, Formerly 6A-8.12, Amended 12-26-77, 5-14-85, Formerly 6A-14.73, Amended 9-1-98, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.0731 Minimum Expenditures for Occupational Programs

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 233.068, 240.349 FS. History–New 12-19-74, Formerly 6A-8.111, Amended 12-26-77, 6A-14.731, Repealed 5-14-85.

Fla. Admin. Code R. 6A-14.0732 Travel

History

• Rulemaking Authority 229.053(1), 240.325, 1001.02(1), (9) FS. Law Implemented 112.061, 240.311(3)(n), 1001.64(18) FS. History–New 12-19-74, Formerly 6A-8.71, Amended 8-29-85, Formerly 6A-14.732, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.0733 Payment of Premium of Group Employee Insurance

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 112.08 FS. History–New 12-19-74, Formerly 6A-8.82, 6A-14.733, Repealed 5-14-85.

Fla. Admin. Code R. 6A-14.0734 Procurement Requirements

(1) Colleges shall, as the circumstances require, publicly solicit the submittal of competitive offers from at least three (3) sources, when purchasing services or commodities exceeding the amount as specified in Section 287.017, F.S., for Category Three. Solicitations of competitive offers are defined as:

(a) “Competitive sealed bids,” “competitive sealed proposals” or “competitive sealed replies,” means the process of receiving competitive offers transmitted by secured electronic means or written bids, proposals, or replies.

(b) “Competitive solicitations” or “solicitations” means an invitation to bid, a request for proposal, request for quote, or an invitation to negotiate.

Boards of trustees may adopt smaller amounts beyond which to require the solicitation of competitive offers. The college president or designee reserves the right to reject any or all offers submitted in response to the college’s solicitation, and/or solicit new offers as deemed in the college’s best interest. When accepting responsive offers to the college’s solicitations, colleges shall accept the lowest or best responsive offer. If other than the lowest or best offer meeting specifications is accepted, the college shall maintain a public record of the justification. Recommendation for awards not exceeding the Category Five threshold as specified in Section 287.017, F.S., may be approved or rejected by the president or a designee if such authority is delegated in policy adopted by the board of trustees. Recommendation for awards exceeding the Category Five threshold as specified in Section 287.017, F.S., shall be approved or rejected by the board of trustees.

(2) Exceptions to the requirement to solicit competitive offers are:

(a) Educational tests, textbooks, instructional materials and equipment, films, filmstrips, video tapes, disc or tape recordings or similar audio-visual materials, graphic and computer based instructional software.

(b) Library books, reference books, periodicals, and other library materials and supplies.

(c) Purchases at the unit or contract prices established through competitive solicitations by any unit of government established by law or buying cooperatives.

(d) Food.

(e) Services or commodities available only from a single or sole source.

(f) Professional services, including, but not limited to, artistic services, instructional services, health services, academic program reviews, lectures by individuals, attorneys, legal services, auditors, and management consultants.

(g) Information technology resources defined as all forms of technology used to create, process, store, transmit, exchange and use information in various forms of voice, video and data, and shall also include the personnel costs and contracts that provide direct information technology support consistent with each individual college’s information technology plan.

(h) Single source procurements for purposes of economy or efficiency in standardization of materials or equipment.

(i) Items for resale.

(3) The college president or designee, may waive solicitation requirements in emergencies when there is an imminent threat to students, employees, or public safety or in cases when necessary to prevent damage to the facilities caused by an unexpected circumstance in accordance with rules established by the local board of trustees.

(4) When a board of trustees solicits the submittal of competitive offers and only one responsive offer is submitted, the college may purchase such products or service under the best terms it can negotiate.

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1001.02, 1010.01, 1010.02 FS. History–New 12-19-74, Formerly 6A-8.121, Amended 12-26-77, 6-12-83, 6-27-85, Formerly 6A-14.734, Amended 9-30-86, 11-12-91, 12-18-94, 6-18-96, 2-10-99, 7-20-04, 6-20-07.

Fla. Admin. Code R. 6A-14.0735 Petty Cash Fund

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.363 FS. History–New 12-19-74, Formerly 6A-8.16, Amended 10-28-75, 5-14-85, Formerly 6A-14.735, Amended 12-21-87, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.074 Administration and Use of Capital Outlay and Debt Service Funds and State Board of Education Bonds for Community Colleges

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.359, 240.361 FS., Section 9(d), Article XII, Florida Constitution. History–New 12-19-74, Formerly 6A-8.70, 6A-14.74, Repealed 5-29-80.

Fla. Admin. Code R. 6A-14.0741 Approval of capital Outlay Projects

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 229.512, 240.327, 240.359 FS. History–New 12-19-74, Formerly 6A-8.702, 6A-14.741, Repealed 5-29-80.

Fla. Admin. Code R. 6A-14.0742 Use of Community College Construction Funds

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 240.327 FS. History–New 12-19-74, Formerly 6A-8.701, 6A-14.742, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0743 Release of Community College Construction

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.327, 240.359 FS. History–New 12-19-74, Formerly 6A-8.703, 6A-14.743, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.075 Receipt, Deposit, and Withdrawal of Funds

Boards of trustees shall provide for the receipt, deposit and withdrawal of all funds received by the community college consistent with the following provisions.

(1) One or more qualified public depositories, as required by Section 136.01, F.S., and defined by Section 280.02, F.S., shall be designated by the board of trustees for the deposit of all funds of the board in accounts in the name of the board of trustees.

(2) All funds received by a community college from all sources shall be deposited intact in a designated depository as soon as practicable and a record shall be kept to identify the payer, the amount, and the purpose. Funds received from federal sources shall be accounted for separately, but may be deposited in a bank account with other college funds except when the terms of such receipt require a separate depository account. Direct support organizations of community colleges may separately receive and deposit appropriations per Sections 1011.85(8)-(10), F.S., and cash donations pursuant to Section 1004.70, F.S.

(3) Depository withdrawals shall be on numerically controlled checks signed by two (2) persons authorized by the board of trustees and bonded. Transfers of funds by electronic, telephonic, or other medium shall be according to rules of the board of trustees, shall provide adequate internal controls, and shall be confirmed in writing and signed by the designee of the board.

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1010.01, 1010.02 FS. History–New 12-19-74, Formerly 6A-8.131, Amended 5-14-85, Formerly 6A-14.75, Amended 7-20-04.

Fla. Admin. Code R. 6A-14.0751 Bank Depository

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 136.01, 240.363, 658.60 FS. History–New 12-19-74, Formerly 6A-8.13, Amended 10-23-79, 4-27-82, 5-14-85, Formerly 6A-14.751, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.0752 Depository Transactions

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 215.85, 240.363 FS. History–New 12-19-74, Formerly 6A-8.132, Amended 7-8-80, 12-7-82, 5-14-85, Formerly 6A-14.752, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.076 FTE Calculation for the Community College Program Fund

(1) The number of full-time equivalent students for the community college program fund is the college credits for which students register divided by thirty (30) or as otherwise specified by law. The number of hours for non-college credit instruction for which students register is nine hundred (900) contact hours or as otherwise provided by law.

(2) A student is registered in instruction that is subject to tuition, out-of-state fees upon payment, waiver, or deferment of the fees, pursuant to law and rule, and the recording of the transaction. A student is registered in instruction that is not subject to matriculation and tuition fees when the institution records the enrollment.

(3) When any fee refund results from a withdrawn registration, the credits or hours of instruction shall not be included in the calculation of full-time equivalent students.

History

• Rulemaking Authority 1001.02(1), (9), 1010.58(1) FS. Law Implemented 1010.01, 1010.02, 1010.58 FS. History–New 12-19-74, Formerly 6A-8.172, Amended 12-26-77, 7-9-81, 8-29-85, Formerly 6A-14.76, Amended 6-1-86, 9-20-04.

Fla. Admin. Code R. 6A-14.0761 Classification of Instructional Programs and Courses

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.325, 240.349, 240.355, 240.359 FS. History–New 12-19-74, Formerly 6A-8.1721, Amended 10-7-75, 4-14-76, 12-26-77, 7-9-81, Formerly 6A-14.761, Repealed 5-14-85.

Fla. Admin. Code R. 6A-14.0762 Computation for Generation and Allocation of the Community College Program Fund

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.359 FS. History–New 12-19-74, Formerly 6A-8.22, 6A-14.762, Repealed 5-14-85.

Fla. Admin. Code R. 6A-14.07621 Performance-Based Incentive Program

(1) Purpose. This rule administers the Florida College System Performance-Based Incentive, in accordance with Section 1001.66, F.S.

(2) Definitions. For the purposes of administering the performance-based incentive program, the following definitions shall be used.

(a) “College” means an institution within the Florida College System as defined in Section 1000.21, F.S.

(b) “Division” means the Division of Florida Colleges within the Florida Department of Education.

(c) “Lower Division” means coursework applicable to academic programs offered during what is generally considered the first two years of postsecondary education.

(d) “Upper Division” means coursework applicable to academic programs offered during what is generally considered the third and fourth years of postsecondary education.

(e) “First-time-in-college (FTIC)” means students who are enrolled in their first semester in college after high school graduation. For purpose of this rule, students enrolled in dual enrollment courses while concurrently enrolled in high school are defined as FTIC only after high school graduation. Additionally, students who enroll for the first time in the fall semester in college after graduating from high school, who have previously earned college credit via an acceleration mechanism such as dual enrollment, or who enroll in any of the summer terms immediately preceding the fall term are considered FTIC.

(f) “Full-time” means a student was enrolled in twelve (12) or more credit hours or the equivalent in contact hours during the semester.

(g) “Part-time” means a student was enrolled in less than twelve (12) credits or the equivalent in contact hours during the semester.

(h) “Catalog Time” means the amount of time required for a student to complete their program of study at the rate of thirty (30) credit hours per academic year or the equivalent number of contact hours per academic year.

(i) “First-time-upper-division (FTUD)” means a student enrolled in a baccalaureate degree program who has no record of upper-division enrollment in the previous year.

(j) “Completer” means a student who is awarded an academic credential.

(3) Measures. The Florida College System performance-based incentive shall include four (4) measures, also referred to as metrics in Section 1001.66, F.S. These four (4) measures, as described herein, are the only measures to be used for purposes of the distribution of the performance-based incentive.

(a) “Retention Rate” means the percent of FTIC or FTUD students who returned to the same Florida College System institution for their fall term of the next academic year.

1. Cohorts. Students are grouped in three (3) mutually exclusive sets referred to as cohorts, beginning with the most recently completed academic year for which data are available and for each of two (2) previous academic years referred to in descending order as prior year one (1) and prior year two (2). In total, there are three (3) cohorts of data utilized in the Retention Rate measure.

2. Timeframe for Measurement. This measure is calculated using data from two (2) consecutive academic years.

3. Calculation of the Retention Rate for a Cohort.

a. Cohort Numerator. Those students who enrolled as FTIC or FTUD students at a Florida College System institution and enrolled at the same Florida College System institution for the fall term of the next academic year are placed in the numerator and counted as retained.

b. Cohort Denominator. Those students who enrolled as FTIC or FTUD students at a Florida College System institution.

(I) Adjustments to the Denominator.

(A) Students who are found to have enrolled in a different postsecondary institution after the first fall semester are removed from the denominator.

(B) Students who have completed a program and are no longer enrolled are removed from the denominator.

(C) Students who died or were totally and permanently disabled; those who left school to serve in the armed forces or were called to active duty; those who left to serve with a foreign aid service of the federal government, such as the Peace Corps; and those who left to serve on an official church mission are removed from the denominator.

c. Calculating Rates.

(I) Retention Rate. For each of three (3) years, each college’s numerator is divided by the denominator to arrive at a retention rate. This process is repeated for all years of data, to result in three (3) years of independent retention rates.

(b) “Completion Rates” means a Florida College System student has earned an academic credential in the form of a degree, certificate, or diploma.

1. This measure captures the outcomes of a cohort of full-time, FTIC or FTUD students who complete their program of study within a defined period of time. For this measure there are four (4) different classifications of students.

a. Lower Division Students Completing in 150% of Catalog Time. This classification includes all full-time FTIC lower division students at an institution who earned an academic credential within 150% of catalog time for the credential.

b. Lower Division Students Completing in 200% of Catalog Time. This classification includes all full-time FTIC lower division students at an institution who earned an academic credential within 200% of catalog time for the credential.

c. Upper Division Students Completing in 150% of Catalog Time. This classification includes all full-time FTUD students at an institution who earned an academic credential within 150% of catalog time for the credential.

d. Upper Division Students Completing in 200% of Catalogue Time. This classification includes all full-time FTUD upper division students at an institution who earned an academic credential within 200% of catalog time for the credential.

2. Cohorts. Each of the four (4) classifications of students are captured in four (4) mutually exclusive groups of students referred to as cohorts, beginning with the most recently completed academic year for which data is available and four (4) cohorts for each of two (2) previous academic years referred to in descending order as prior year one (1) and prior year two (2). In total, there are twelve (12) cohorts of data utilized in the Completion Rate measure; four (4) completion calculations for each of three (3) independent years.

3. Timeframe for Measurement. This measure is calculated using data crossing over consecutive academic years. The amount of time is dependent on the catalog time for the academic program, to which one half is added to arrive at 150% of catalog time and to which the catalog time is doubled to arrive at 200% of catalog time.

4. Calculation of the Completion Rate for a Cohort.

a. Cohort Numerator. Those students who started at a Florida College System institution and completed from the same Florida College System institution within the time frame of 150% or 200% of catalog time are placed in the numerator. An additional weight of 0.25 is added to each completer who received a federal Pell Grant while enrolled. The result being that completers who received a federal Pell Grant count as 1.25 completers, whereas a completer who did not receive a federal Pell Grant counts as 1.0 completers. The intent of this weight is to recognize the extra institutional efforts required to complete low-income students.

b. Cohort Denominator. Those students who started at a Florida College System institution are placed in the denominator. The denominator will be adjusted by:

(I) Students who are found to have enrolled in a different postsecondary institution after the first fall semester are removed from the denominator.

(II) Students who died or were totally and permanently disabled; those who left school to serve in the armed forces or were called to active duty; those who left to serve with a foreign aid service of the federal government, such as the Peace Corps; and those who left to serve on an official church mission are removed from the denominator.

c. Calculating Rates.

(I) 150% Completion Rate. For each of three (3) years, each college’s numerator for 150% lower division and 150% upper division completers are summed as are the denominators. The resulting 150% numerator is divided by the resulting 150% denominator to arrive at a 150% completion rate. This process is repeated for all years of data, to result in three (3) independent 150% completion rates.

(II) 200% Completion Rate. For each of three (3) years, each college’s numerator for 200% lower division and 200% upper division completers are summed as are the denominators. The resulting 200% numerator is divided by the resulting 200% denominator to arrive at a 200% completion rate. This process is repeated for all years of data, to result in three (3) independent 200% completion rates.

(c) “Postgraduation Employment and Continuing Education Rate” means a completer has either an enrollment record in the twelve (12) months following the academic year of completion or has an earnings record during at least one (1) fiscal quarter in the twelve (12) months following the academic year of completion.

1. This measure captures the outcomes of a cohort of completers in the twelve (12) months after completion. To be included in the cohort, the student would have earned a degree, certificate, diploma or apprenticeship awarded by the Florida College System institution.

2. There are two (2) outcomes this measure recognizes for completers. The first outcome identifies whether the completer is enrolled at a postsecondary education institution, the second outcome identifies whether the completer is employed.

3. This calculation is determined for each college for each of the three (3) most recently completed academic years, resulting in three (3) Postgraduation Employment and Continuing Education Rates for each college.

(d) “Completer Entry-Level Wages” means the wages of a Florida College System completer in the first twelve (12) months after the academic year of completion.

1. This measure captures the outcomes of a cohort of completers a year after completion. To be included in the cohort, the student would have earned a degree, certificate, diploma or apprenticeship awarded by the Florida College System institution.

2. The gap between a college’s average wage of all college completers in a given year found employed in the twelve (12) months following the academic year of completion and the reported entry-level wages in the college’s service area is divided by the reported entry-level wages in the college’s service area as determined by the Florida Department of Economic Opportunity to arrive at a Completer Entry-Level Wages measure.

3. This calculation is determined for each college for each of the two (2) most recent years, resulting in two (2) Completer Entry Level Wage rates for each college.

(4) Benchmarks. Each college has the opportunity to earn points in two ways, either by meeting an Excellence benchmark or an Improvement benchmark. Both benchmarks are calculated for each of the four (4) measures. The benchmark resulting in the highest score for each Florida College System institution on each measure is utilized in the awarding of points as described herein.

(a) Excellence Benchmarks.

1. Retention Rate Excellence Benchmark. For the Retention Rate measure, the Excellence Benchmarks are determined using data for each college’s most recent year available and comparing it to the mean for all twenty-eight (28) colleges’ prior two-year means for full-time and part-time cohorts. Colleges below the mean minus one standard deviation receive no points. Colleges receive points on a scale from low (the mean minus one standard deviation) to high (the mean plus one standard deviation) in five (5) increments. Colleges above the high point of the scale receive the maximum points available.

2. Completion Rate Excellence Benchmark. For the Completion Rate measure, the two Excellence Benchmarks are determined using data for each college’s most recent year available and are compared to the mean for all twenty-eight (28) colleges’ prior two-year means. For each of the 150% and 200% thresholds, colleges below the mean minus one standard deviation receive no points. Colleges receive points on a scale from low (the mean minus one standard deviation) to high (the mean plus one standard deviation) in ten increments. Colleges above the high point of the scale receive the maximum points available.

3. Postgraduation Employment and Continuing Education Excellence Benchmark. The excellence benchmark for this measure is a criterion-referenced benchmark in that a Florida College System institution’s Postgraduation Employment and Continuing Education Rate in the most recent year is a percentage ranging from 0 percent to 100%. Colleges receive points on a scale equal to 0.1 point for each 2% of completers who are found employed or continuing their education with precision rounded to 2 decimal places.

4. Completer Entry Level Wages Excellence Benchmark. The excellence benchmark for this measure is a criterion-referenced benchmark in that a Florida College System institution’s Completer Entry Level Wages in the most recent year is a percentage. Colleges receive points on a scale equal to 0.1 point for each 2% of completer wages compared to service area wages with precision rounded to 2 decimal places and a maximum of 5.00 points.

(b) Improvement Benchmarks.

1. Retention Rate Improvement Benchmark. The improvement benchmark for this measure compares a Florida College System institution’s Retention Rate in the most recent year to the average of its own previous two-years of retention rates. For the Retention Rate measure, the Improvement Benchmarks are determined by using data for each college’s most recent year rate of change from the mean of the college’s two (2) prior years. Colleges with a rate below 1.0% receive no points. Colleges receive points on a scale from low (1.0%) to high (5.0%) in five increments. Colleges above the high point of the scale receive the maximum points available.

2. Completion Rate Improvement Benchmark. The improvement benchmark for this measure compares a Florida College System institution’s Completion Rate in the most recent year to the average of its own previous two-years of completion rates. For the Completion Rate measure, the two (2) Improvement Benchmarks are determined by using data for each college’s most recent year available rate of change from the mean of the college’s two (2) prior years. Colleges with a rate below .50% receive no points. For each of the 150% and 200% thresholds colleges receive points on a scale from low (.50%) to high (5.0%) in ten (10) increments. Colleges above the high point of the scale receive the maximum points available.

3. Postgraduation Employment and Continuing Education Improvement Benchmark. The improvement benchmark for this measure compares a Florida College System institution’s Postgraduation Employment and Continuing Education rate in the most recent year to the average of its own previous two-years of Postgraduation Employment and Continuing Education rates. The improvement benchmark is determined by comparing each college’s most recent year available rate of change from the mean to the two (2) prior years for that college alone. Colleges with a rate below .25% receive no points. Colleges receive points on a scale from low (.25%) to high (2.50%) in ten increments. Colleges above the high point of the scale receive the maximum points available.

4. Completer Entry-Level Wages Improvement Benchmark. The improvement benchmark for this measure compares a Florida College System institution’s Completer Entry Level Wages in the most recent year to its rate for the previous year by calculating the most recent year rate of change from the prior year. Colleges with a rate below .50% receive no points. Colleges receive points on a scale from low (.50%) to high (5.0%) in ten (10) increments. Colleges above the high point of the scale receive the maximum points available.

(5) Final Score. A final score shall be calculated for each Florida College System institution based upon the higher of the Excellence Benchmark and the Improvement Benchmark for each measure as determined pursuant to subsection (4), and weighted as follows:

(a) The higher of the Retention Rate Excellence Benchmark and the Improvement Benchmark shall be multiplied by a factor of 2.0 resulting in a maximum final point total of ten (10) points. No college shall receive less than one (1) point.

(b) Completion Rate Measure.

1. The Completion Rate Excellence Benchmark is comprised of a maximum possible preliminary point total of 3.33 points for the 150% Completion Rate and 1.67 points for the 200% Completion Rate.

2. The Completion Rate Improvement Benchmark is comprised of a maximum possible preliminary point total of 3.33 points for the 150% Completion Rate and 1.67 points for the 200% Completion Rate.

3. The higher of the Completion Rate Excellence Benchmark and the Improvement Benchmark shall be multiplied by a factor of 2.0 resulting in a maximum final point total of ten (10) points. No college shall receive less than one (1) point.

(c) The higher of the Postgraduation Employment and Continuing Education Excellence Benchmark and the Improvement Benchmark shall be multiplied by a factor of 2.0 resulting in a maximum final point total of ten (10) points. No college shall receive less than one (1) point.

(d) The higher of the Completer Entry-Level Wage Excellence Benchmark and the Improvement Benchmark shall be multiplied by a factor of 2.0 resulting in a maximum final point total of ten (10) points. No college shall receive less than one (1) point.

(e) A college’s final score is the sum of the weighted points calculated for each of the four (4) measures, with a maximum final score of 40.0 points.

(6) Minimum Performance Funding Eligibility Thresholds. There are three thresholds established resulting in the creation of four (4) categories into which a college will be placed based upon their final score: Purple, Bronze, Silver, and Gold. A college with a final score that does not meet the institutional investment threshold is in the Purple category. Colleges with a final score that exceeds or is equal to the institutional investment threshold will be eligible for a state investment as determined by whether their final score meets certain thresholds.

(a) Institutional Investment Threshold. Institutional investments are calculated by withholding a proportional amount from each college’s base funding.

1. A college with a final score (point total) less than half of the total points available is in the Purple category and must submit a performance improvement plan. A college in the purple category will not have its institutional investment automatically restored.

2. A college’s institutional investment is automatically restored when its final score is equal to or greater than half of the total points available.

(b) State Investment Threshold. State investments in the Florida College System institutions are additional funds over the base funding from the prior year.

1. A college with a final score lower than one (1) standard deviation below the mean score is in the Bronze category. A college in the Bronze category will not receive a state investment.

2. A college with a final score equal to or above one (1) standard deviation below, but lower than one (1) standard deviation above, the mean score is in the Silver category. A college in the Silver category will receive a proportional share of the state investment.

3. A college with a final score greater than or equal to one (1) standard deviation above the mean score is in the Gold category. A college in the Gold category will receive both a proportional share of the state’s investment and a point-total indexed proportional share of the state’s investment that otherwise would have been available to colleges in the Bronze and Purple categories.

(c) Annually, the Chancellor of the Division shall notify each college regarding that college’s category. The notice to colleges in the Purple category will include the date the performance improvement plan must be submitted to the State Board of Education.

(7) Performance Improvement Plan. A Florida College System institution in the Purple category must submit a performance improvement plan to the State Board of Education.

(a) The performance improvement plan must specify the activities and strategies for improving the college’s performance, and must focus on specific activities where measureable and verifiable progress can be made within a single year. A performance improvement plan must:

1. Be Evidence Based: The strategy must have an evidence based foundation that the planned activities result in a measureable increase in related key performance indicators.

2. Be Clearly Communicated: The activities must be clearly defined and widely understood by parties involved in the change.

3. Have Demonstrable Outcomes: Outcomes of the activities must be measureable and verifiable using accessible data and existing tools and technologies yielding demonstrable progress that can be documented in the mid-year and end-of-year reports.

4. Be completed within one-year.

5. Be Sustainable: The structured interventions that contribute to positive change should continue forward into the foreseeable future.

(b) The State Board of Education will review the performance improvement plan and, if the plan is approved, will monitor the college’s progress in implementing the activities and strategies specified in the performance improvement plan.

History

• Rulemaking Authority 1001.02(1), (2)(n), (6), 1001.66(1), (2), (6) FS. Law Implemented 1001.66 FS. History‒New 8-24-16, Amended 8-20-17.

Fla. Admin. Code R. 6A-14.0763 Transportatoin Density Index for Community Colleges

History

• Rulemaking Authority 229.053(1), 240.325, 240.359 FS. Law Implemented 230.766, 240.359 FS. History–New 12-19-74, Formerly 6A-8.174, 6A-14.763, Repealed 2-4-81.

Fla. Admin. Code R. 6A-14.0764 Capital Outlay and Debt Service

Pursuant to Section 9(d), Article XII, of the State Constitution, capital outlay and debt service funds shall be computed in accordance with Sections 1011.84 and 1010.58, F.S. The number of full-time equivalent students for capital outlay and debt service funding is the college credits and college preparatory credits for which students register divided by thirty (30) plus the hours of instruction for which students register in other instruction divided by eight hundred ten (810).

History

• Rulemaking Authority 1001.02(1), 1011.84(2) FS. Law Implemented 1010.01, 1010.02, 1010.58, 1011.84 FS. History–New 12-19-74, Formerly 6A-8.175, Amended 6-27-85, Formerly 6A-14.764.

Fla. Admin. Code R. 6A-14.0765 Investment of Funds

The investment of funds by community colleges shall be in accordance with the classification of funds in the accounting manual incorporated in Rule 6A-14.072, F.A.C.

(1) Current funds, plant funds, and agency funds may be invested as authorized in Section 218.415, F.S.

(2) Boards of trustees shall have authority to designate that funds due it be placed for investment in its account with the State Board of Administration investment pool or other authorized State investment pool account, rather than be deposited, and the board of trustees may direct those persons having money due to the board of trustees to pay such funds to the authorized State investment pool to make authorized investments for its accounts.

(3) Loan, endowment, annuity, and life income funds may be invested in securities in which the State Board of Administration is authorized to invest retirement funds pursuant to Section 215.47, F.S. To make such investments, the board of trustees shall adopt and adhere to an investment plan as described in Section 215.475, F.S. The investment plan shall be submitted to the State Board of Administration for review and comment. The college shall make all records of the entire investment operation available to the Auditor General for annual audit. Loan, endowment, annuity, and life income funds also may be invested pursuant to subsection (1) herein.

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1010.01, 1010.02 FS. History–New 12-19-74, Formerly 6A-8.14, Amended 12-26-77, 5-14-85, Formerly 6A-14.765, Amended 8-29-89, 4-30-93, 8-28-95, 6-18-96, 7-20-04.

Fla. Admin. Code R. 6A-14.0766 Current Loans

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.367 FS. History–New 12-19-74, Formerly 6A-8.141, Amended 5-14-85, Formerly 6A-14.766, Repealed 8-13-96.

Fla. Admin. Code R. 6A-14.0767 Special Teacher Units and Supervisor Units for Occupational Education Programs in Community Colleges

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.353 FS. History–New 12-19-74, Formerly 6A-8.20, 6A-14.767, Repealed 5-14-85.

Fla. Admin. Code R. 6A-14.0768 Student Enrollment and Related Financial Records

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.35, 240.359, 240.363 FS. History–New 12-19-74, Formerly 6A-14.768, Repealed 6-27-85.

Fla. Admin. Code R. 6A-14.077 Auxiliary Services and Enterprises and Undesignated Gifts

Boards of trustees may operate or contract for auxiliary services and enterprises as defined in the accounting manual incorporated in Rule 6A-14.072, F.A.C., and may use funds generated from auxiliary operations and contracts and from undesignated gifts as provided herein.

(1) Auxiliary funds and undesignated gifts shall be spent according to rules of the board of trustees for the benefit of the college.

(a) The board of trustees may authorize a portion of such funds to be disbursed at the discretion of the president for: promotion and public relations and hospitality of business guests of the college. Hospitality expenditure shall not exceed one percent of the prior year total expenditures in the current unrestricted fund.

(b) The board of trustees may authorize other uses of such funds for the benefit of the college through its rules or by special action of the board.

(2) Funds used for purposes under subsection (1) of this rule shall be transferred to the appropriate fund of the community college and included in the appropriate budget.

History

• Rulemaking Authority 1001.02(1), 1010.08 FS. Law Implemented 1010.08 FS. History–New 12-19-74, Formerly 6A-8.18, Amended 6-27-85, Formerly 6A-14.77, Amended 7-20-04.

Fla. Admin. Code R. 6A-14.0771 Use of Auxiliary Enterprise Funds and Undesignated Gifts

History

• Rulemaking Authority 229.053(1), 240.325, 1001.02(1), (9), 1010.08 FS. Law Implemented 240.377, 1010.08 FS. History–New 12-19-74, Formerly 6A-8.181, Amended 11-18-84, Formerly 6A-14.771, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.0772 Auxiliary Funds and Funds Received in Trust

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 229.053, 240.319, 240.325(7), 240.363 FS. History–New 12-19-74, Formerly 6A-8.182, Amended 6-27-85, Formerly 6A-14.772, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.0773 Florida Academic Improvement Trust Fund for Community Colleges

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.36 FS. History–New 12-20-83, Amended 6-27-85, Formerly 6A-14.773, Repealed 11-4-87.

Fla. Admin. Code R. 6A-14.078 Delinquent Accounts

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.365 FS. History–New 12-19-74, Formerly 6A-8.191, Amended 6-27-85, Formerly 6A-14.78, Amended 5-16-94, Repealed 8-2-04.

Fla. Admin. Code R. 6A-14.079 Educational Plant

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 235.43, 240.327 FS. History–New 9-6-78, Formerly 6A-14.79, Repealed 6-27-85.

Fla. Admin. Code R. 6A-14.080 Definitions

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.201, 6A-14.80, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0801 General Provisions

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.202, 6A-14.801, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0802 Minimum Standards for Sites

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319 FS. History–New 12-19-74, Formerly 6A-8.2021, 6A-14.802, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0803 Student Housing

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.319 FS. History–New 12-19-74, Formerly 6A-8.2022, 6A-2.42, 6A-2.042, 6A-14.803, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0804 Campus Development Plans Required

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2023, 6A-14.804, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0805 Selecting Professional Services

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 287.055 FS. History–New 12-19-74, Formerly 6A-8.2024, 6A-14.805, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0806 Preparation of Documents

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.203, 6A-14.806, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0807 Responsibility, Architects and Engineers

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.204, 6A-14.807, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0808 Preparatory Planning

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.205, 6A-14.808, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0809 Educational Planning and Specifications

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.206, 6A-14.809, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.081 Preliminary Plans

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.207, 6A-14.81, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0810 Emergency Opioid Antagonists in Florida College System Institution Housing

(1) This rule serves to implement the requirements of section 1004.0971, Florida Statutes, governing the accessibility of emergency opioid antagonists in Florida College System institution housing.

(2) Definitions.

(a) “Administer” or “administration” means to introduce an emergency opioid antagonist into the body of a person. Any administration should be accomplished by campus or other law enforcement officers who are trained in the administration of emergency opioid antagonists.

(b) “Emergency opioid antagonist” means a drug that blocks the effects of opioids administered from outside the body and that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose.

(c) “Institution housing” refers to a residence hall or dormitory residence owned or operated by a Florida College System institution.

(3) Each institution’s housing, as defined in paragraph (2)(c), must have a supply of emergency opioid antagonists with an autoinjection or intranasal application delivery system in each residence hall or dormitory residence owned or operated by the institution for the administration of emergency opioid antagonists to a person believed to be experiencing an opioid overdose.

(4) Each institution must place the emergency opioid antagonists in a clearly marked location within each residence hall or dormitory residence. The emergency opioid antagonist must be easily accessible to campus or other law enforcement officers who are trained in the administration of emergency opioid antagonists.

(5) Public and private partnerships are encouraged to cover the cost associated with the purchase and placement of such emergency opioid antagonists. Institutions will not charge students a fee for receiving such emergency opioid antagonists supplied by funding from the Opioid Settlement Trust Fund.

(6) Notwithstanding any other provision of law to the contrary, any campus or other law enforcement officer trained in the administration of emergency opioid antagonists who administers or attempts to administer an emergency opioid antagonist in compliance with ss. 381.887 and 768.13, F.S., and this rule, are immune from civil or criminal liability as a result of such administration or attempted administration of an emergency opioid antagonist.

(7) Institutions not required to meet the provisions of this rule may choose to make opioid antagonists available, provided the institution follows all provisions of this rule.

History

• Rulemaking Authority 1001.02(1), (2)(n), (6), 1004.0971(6) FS. Law Implemented 1004.0971 FS. History–New 4-30-24, Amended 12-21-25.

Fla. Admin. Code R. 6A-14.0811 Final Plans and Specifications Shall Include

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.208, 6A-14.811, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0812 Filing of Contract Amounts

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.209, 6A-14.812, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0813 Advertising and Contracting for Building or Improvements to College Property

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.210, 6A-14.813, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0814 Day Labor Projects

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.211, 6A-14.814, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0815 Awarding Contract to Other Than the Lowest Bidder

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.212, 6A-14.815, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0816 Changes in Construction after Award of Contract

History

• Rulemaking Authority 240.325 FS. Law Implemented 230.754, 240.325 FS. History–New 12-19-74, Formerly 6A-8.213, 6A-14.816, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0817 Payments during Construction

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.319, 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.214, Amended 2-14-77, Formerly 6A-14.817, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0818 Inspection of New Construction and Release of Final Payment

History

• Rulemaking Authority 240.325 FS. Law Implemented 230.754, 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.215, 6A-14.818, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0819 Exceptions for Experimentation

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.216, 6A-14.819, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.082 Acquisition and Use of Buildings for College Purposes

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.217, 6A-14.82, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0821 Returning Building to College Purposes

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.218, 6A-14.821, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0822 Lease-Purchase Contracts for Grounds and Buildings

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.219, 6A-14.822, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0823 Portable Buildings

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.220, 6A-14.823, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0824 Mobile Facilities

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.221, 6A-14.824, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0825 General Provisions

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.226, 6A-14.825, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0826 Educational Occupancies

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.227, 6A-14.826, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0827 Construction and Repair Operations

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.229, 6A-14.827, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0828 Classification of Hazard of Contents

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.230, 6A-14.828, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0829 Segregation and Protection of Hazards

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.755, 240.327 FS. History–New 12-19-74, Formerly 6A-8.231, 6A-14.829, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.083 Special Safety Provisions

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.755, 240.327 FS. History–New 12-19-74, Formerly 6A-8.232, 6A-14.83, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0831 Means of Egress

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.233, 6A-14.831, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0832 Exit Doors, Fire Doors and Smokestop Doors

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.234, 6A-14.832, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0833 Interior Stairs, Outside Stairs and Smokeproof Towers

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.235, 6A-14.833, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0834 Places of Assembly

History

• Rulemaking Authority 230.755 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.236, 6A-14.834, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0835 Separation of Spaces

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.237, 6A-14.835, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0836 Open Plan Buildings

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.238, 6A-14.836, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0837 Air Conditioned Buildings

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.239, 6A-14.837, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0838 Interior Finishes

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.240, 6A-14.838, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0839 Exit Illumination

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.241, 6A-14.839, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.084 Exit Marking

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.242, 6A-14.84, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0841 Alarm and Fire Detection Systems

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.243, 6A-14.841, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0842 Automatic Sprinklers and Other Extinguishing Equipment

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.244, 6A-14.842, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0843 Building Service Equipment

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.247, 6A-14.843, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0844 Portable Buildings

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.248, 6A-14.844, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0845 Mobile Facilities

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.249, 6A-14.845, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0846 General Provisions

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.251, 6A-14.846, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0847 Illumination and Lighting

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.252, 6A-14.847, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0848 Ventilation

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.253, 6A-14.848, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0849 Sanitation Facilities Serving Students and Staff

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.254, 6A-14.849, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.085 Sanitation Facilities Serving the Public

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.255, 6A-14.85, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0851 Heating and Cooling

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.256, 6A-14.851, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0852 Sanitation Facilities in Food Service Areas

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.257, 6A-14.852, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0853 Thermal Insulation

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.258, 6A-14.853, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0854 Size of Spaces, Minimum Requirements

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.261, 6A-14.854, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0855 Ceiling Heights, Minimum Requirements

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.262, 6A-14.855, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0856 Fixed Teaching Aids, Minimum Requirements

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.263, 6A-14.856, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0857 Floor Surfaces and Coverings

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.264, 6A-14.857, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0858 Acoustics

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.265, 6A-14.858, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0859 Flexibility and Convertibility

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.266, 6A-14.859, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0861 Site

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.268, 6A-14.861, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0862 General Provisions

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.271, 6A-14.862, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0863 Option by Board to Prequalify Bidders on Construction Projects

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.319 FS. History–New 12-19-74, Formerly 6A-8.273, 6A-14.863, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0864 Exceptions to Option

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.319 FS. History–New 12-19-74, Formerly 6A-8.274, 6A-14.864, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0865 Authority to Proqualify

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.319 FS. History–New 12-19-74, Formerly 6A-8.275, 6A-14.865, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0866 Application for Qualification

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.276, 6A-14.866, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0867 Verification of Statements Filed with Applications for Prequalification

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.277, 6A-14.867, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0868 Approval of Application for the Certification of Bidders

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.278, 6A-14.868, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0869 Renewal of Prequalification Certificate

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.279, 6A-14.869, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.087 Revision of Prequalification

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.280, 6A-14.87, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0871 Contractors Statements

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.281, 6A-14.871, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0872 Suspension or Revocation of Certificates of Qualification

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.282, 6A-14.872, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0873 Determination of Delinquency Status

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.283, 6A-14.873, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0874 Reports of Prequalifications, Suspensions, Revocations, Reinstatements and Delinquents

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.284, 6A-14.874, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0875 Fees

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.285, 6A-14.875, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0876 General Provisions

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2861, 6A-14.876, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0877 Intent of Rules and Regulations

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.327 FS. History–New 12-19-74, Formerly 6A-8.2862, 6A-14.877, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0878 Fire Prevention and Protection

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2871, 6A-14.878, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0879 Electrical

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2871, 6A-14.879, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.088 Flammables

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2872, 6A-14.88, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0881 Climate Control Equipment

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2873, 6A-14.881, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0882 Additional Hazards

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2874, 6A-14.882, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0883 Fire Control to Be Reasonably Certain That Sufficient Time Is Available for Evacuation, Measures Should Be Taken to Retard the Spread of Fire and Smoke

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.288, 6A-14.883, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0884 Extinguishing Equipment

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2881, 6A-14.884 Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0885 Surface Finishes and Decorations

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2882, 6A-14.885, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0886 Combustible Storage

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2883, 6A-14.886, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0887 Separation of Spaces

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2884, 6A-14.887, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0888 Fire and Smoke Barriers

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2885, 6A-14.888, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0889 Evacuation

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.289, 6A-14.889, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0890 Emergency Evacuation

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2891, 6A-14.890, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0891 Detection of Fires

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.2892, 6A-14.891, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0892 Notification

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2893, 6A-14.892, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0893 Means of Egress, Exit Access, Exit, Exit Discharge

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2894, 6A-14.893, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0894 Exit Illumination, Lighting, Signs

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2895, 6A-14.894, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0895 Fire Escape Stairs, Stairs, Corridors

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2896, 6A-14.895, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0896 Relocatable Buildings

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2897, 6A-14.896, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0897 Windowless and Open Plan Buildings

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325 FS. History–New 12-19-74, Formerly 6A-8.2898, 6A-14.897, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0898 Places of Assembly

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.319, 240.325, 240.327 FS. History–New 12-19-74, Formerly 6A-8.2899, 6A-14.898, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.0899 College Property Condemned

History

• Rulemaking Authority 240.325 FS. Law Implemented 240.325, 229.802 FS. History–New 12-19-74, Formerly 6A-8.2878, 6A-14.899, Repealed 9-6-78.

Fla. Admin. Code R. 6A-14.090 Guidelines for Community Instructional Services in Community Colleges

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.325 FS. History–New 11-25-75, Formerly 6A-14.90, Repealed 6-27-85.

Fla. Admin. Code R. 6A-14.091 Noncredit Citizenship Instruction

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.325, 240.359 FS. History–New 11-25-75, Formerly 6A-14.91, Repealed 6-27-85.

Fla. Admin. Code R. 6A-14.0911 Recreational and Leisure Time Instruction

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 240.325, 240.359 FS. History–New 11-25-75, Amended 12-26-77, Formerly 6A-14.911, Repealed 6-27-85.

Fla. Admin. Code R. 6A-14.0912 Guidelines for Implementation of Community College Accountability Standards

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 229.053(1), 240.319, 240.325 FS. History–New 2-24-81, Formerly 6A-14.912, Repealed 8-25-82.

Fla. Admin. Code R. 6A-14.0913 Guidelines for Staff and Program Development Plans and Activities

History

• Rulemaking Authority 229.053(1), 240.325 FS. Law Implemented 120.53(1)(b), 240.349, 240.363 FS. History–New 7-2-75, Formerly 6A-14.913, Repealed 7-6-82.

Fla. Admin. Code R. 6A-14.0914 Dr. Philip Benjamin Matching Program for Community Colleges

(1) Alignment with College Mission. Prior to receipt of state appropriations for this program, each community college board of trustees receiving state appropriations under this program shall approve each gift to ensure alignment with the unique mission of the community college.

(2) Eligibility.

(a) Contributions which have been approved by the board of trustees must have been received by February 1. Contributions are defined as “an unconditional transfer of cash or other assets to an entity in a voluntary nonreciprocal transfer by another entity.” Exchange transactions, in which each party receives goods or services of approximately equal value, are not contributions.

(b) For the purpose of Section 1011.85(6), F.S., “local funds” are defined as contributions from local government.

(c) Auxiliary funds are not contributions and are not eligible to be matched.

(d) The direct support organization must be in current compliance with Section 1004.70(6), F.S., regarding annual financial audits and their submission.

(3) Contributions. Contributions must be in cash defined as follows:

(a) Cash includes currency on hand, demand deposits with financial institutions, and other deposit accounts with similar characteristics (that is, the ability to deposit additional funds at any time and withdraw funds at any time without prior notice or penalty).

(b) All other types of contributions such as pledges that have not been paid, equipment, land, buildings, and art, must be converted to cash in order to be used for matching purposes.

(4) Unmatched Contributions. Contributions received in prior years that remain unmatched may be submitted for matching if evidence can be provided that the funds have not been matched previously.

(5) Certification Process.

(a) Community college foundations requesting state appropriations under this program shall certify in an annual report to the State Board of Education the eligible cash contributions received by February 1 and previously unmatched by the state. Designations shall be included in the report identifying which funds are carry-forward and which are new contributions.

(b) Use designations shall be included in the report certifying the following uses:

1. Scholarships, student loans, or need-based grants – one hundred (100) percent state match;

2. First Generation in College Scholarships – one hundred (100) percent state match; and,

3. Other Eligible Uses – Match four (4) dollars state funds to six (6) dollars contributed funds.

(c) Certification form must include a statement of alignment with the college mission.

(d) As specified in Section 1011.85(4)(c), F.S., the audit for each foundation receiving state funds from this program must include a certification of accuracy in the amount reported for matching funds.

(6) Expenditures. Uses of proceeds under this program shall be in accordance with Section 1011.85(11), F.S. A foundation may spend the contributions after the use is approved by their board of trustees and before the state matching funds are receipted.

(7) Expenditure Report. Section 1011.85(4)(b), F.S. requires the colleges to submit to the State Board of Education an annual expenditure report tracking the use of all matching funds. The Florida College System Office of Financial Policy & Facilities Planning & Budgeting annually provides the format for submission of this expenditure report.

History

• Rulemaking Authority 1011.85 FS. Law Implemented 1011.85 FS. History–New 8-20-07.

Fla. Admin. Code R. 6A-14.092 Textbook and Course Material Affordability and Transparency

(1) Purpose. In order to maximize informed student choice, this rule sets forth the adoption, posting, and reporting requirements for Florida College System institutions relating to textbook and course material affordability and transparency.

(2) Textbook and Instructional Material Adoption Requirements.

(a) Each Florida College System institution is required to select textbooks and instructional materials through cost-benefit analyses that enable students to obtain the highest-quality product at the lowest available price. Pursuant to Section (s.) 1004.085(1), Florida Statutes (F.S.), the term “instructional materials” means educational materials for use within a course which may be available in printed or digital format.

(b) The cost-benefit analysis must include consideration of the items listed in s. 1004.085(6)(g), F.S., and:

1. The length of time that textbooks and instructional materials remain in use, prioritizing textbooks and instructional materials that will remain in use for a minimum of three (3) years.

2. Course-wide adoption, specifically for general education courses.

(c) Prior to the adoption of the selected textbook and instructional materials, instructors must confirm the intent to use all materials pursuant to s. 1004.085(6)(b), F.S.

(d) Institutions must ensure that proposed new editions have undergone a review process to determine whether the content revisions to the current version of a textbook or instructional material warrant the adoption of the new edition. Institutions may request the publisher provide descriptions of content revisions.

(e) Development, adaptation, and review of open educational resources and instructional materials must be a collaborative process pursuant to s. 1004.085(6)(e), F.S.

(f) For textbooks and instructional materials for use in dual enrollment courses, institutions must consult with school districts as outlined in s. 1004.085(6)(f), F.S.

(g) Institutions must have options in place to make textbooks and instructional materials available to students who may not be able to afford the cost pursuant to s. 1004.085(6)(d), F.S.

(3) Textbook and Instructional Materials List Forty-Five (45) Day and Five-Year (5) Posting Requirements. Each Florida College System institution is required to prominently post and make publicly accessible on its website and in its course registration system a list of required and recommended textbooks and instructional materials as early as feasible but at least forty-five (45) days before the first day of class for each term for at least ninety-five (95) percent of all scheduled course sections and maintain the list for the preceding five (5) academic years. The five-year (5) list must be updated annually by September 1 to include the preceding Fall, Spring, and Summer Terms.

(a) The list of required and recommended textbook and instructional materials must provide the International Standard Book Number (ISBN) or other identifying information, which must include, at a minimum: the title, all authors listed, publishers, edition number, copyright date, published date, and other relevant information necessary to identify the specific textbooks or instructional materials required and recommended for each course, and must be searchable by:

1. General education status;

2. Course subject;

3. Course number;

4. Course title;

5. Name of the instructor of the course;

6. Title of each assigned textbook or instructional material; and

7. Each author of an assigned textbook or instructional material.

(b) The list of required and recommended textbook and instructional materials must be publicly accessible from the institution’s consumer information website and easily downloadable by current and prospective students.

(c) Sections where no textbook is required or no-cost open educational resources are used must have an icon to indicate their status as zero cost. The Zero Textbook Cost Indicator developed by the Florida Postsecondary Academic Library Network may be used for this purpose pursuant to s. 1006.73(4), F.S.

(d) Limited Exceptions to the Forty-Five (45) Day Textbook and Instructional Materials List Posting Requirements. For course sections with a limited exception under this paragraph, textbook and instructional material information must be posted immediately as such information becomes available. Limited exceptions are as follows:

1. The originally adopted textbook or instructional material is no longer available;

2. A faculty member is hired or assigned to teach the course section after the forty-five (45) day notification deadline;

3. The course section is added after the forty-five (45) day notification deadline;

4. The instructional modality of the course section changes after the forty-five (45) day notification deadline; and

5. The course is continuing workforce education.

(4) Forty-Five (45) Day Syllabi Posting Requirements. Each Florida College System institution is required to prominently post and make publicly accessible course syllabi for each course section as early as feasible but at least forty-five (45) days before the first day of class for each term. All course syllabi should be publicly accessible and easily downloadable by current and prospective students.

(a) All course syllabi must include:

1. The course curriculum;

2. The goals, objectives, and student expectations of the course;

3. The required and recommended textbooks and instructional materials;

4. Student assignments, including at a minimum, the assignment title, a brief narrative description of the assignment, and, if applicable, any required readings; and

5. How student performance will be measured and evaluated, including the grading scale and methodology.

(b) Course syllabi may include other information specific to the institution.

(c) Limited Exceptions to the Forty-Five (45) Day Syllabi Posting Requirements. For course sections with a limited exception under this paragraph, master course syllabi, where available, may be posted. Master course syllabi include course content, learning outcomes, and requirements that must be followed by all instructors who teach the course. Master course syllabi must be replaced immediately as soon as final course section syllabi become available. Limited exceptions are as follows:

1. A faculty member has not yet been assigned to teach the course section before the forty-five (45) day notification deadline; and

2. The course section is added after the forty-five (45) day notification deadline.

(5) Individualized courses, such as directed independent studies, internships, and performance, are exempt from the requirements in subsections (3) and (4).

(6) Reporting Requirements. Each Florida College System institution is required to report by September 30 of each year to the Chancellor of the Florida College System, in a format determined by the Chancellor, the following:

(a) The textbook and instructional materials selection process for high-enrollment courses;

(b) Specific initiatives of the institution designed to reduce the costs of textbooks and instructional materials;

(c) Policies implemented regarding the posting of textbook and instructional materials for at least ninety-five (95) percent of all courses and course sections forty-five (45) days before the first day of class;

(d) The number of courses and course sections that were not able to meet the textbook and instructional materials posting deadline for the previous academic year, identifying those related to exceptions provided under paragraph (3)(e);

(e) Procedures implemented regarding the posting of course syllabi for all courses and course sections forty-five (45) days before the first day of class; and

(f) Evidence of compliance with the course syllabi posting requirement.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1004.085(5), (6), 1006.73(4) FS. Law Implemented 1004.085, 1006.73 FS. History–New 2-25-09, Amended 10-17-17, 3-15-22, 9-20-22, 3-4-26.

Fla. Admin. Code R. 6A-14.094 Site Determined Specialized Associate in Arts Transfer Degree Access

(1) Purpose. This rule implements a uniform submission, approval, and compliance process for specialized associate in arts transfer degree programs proposed and offered by Florida College System institutions in accordance with Section (s.) 1007.25(9), Florida Statutes (F.S.). The specialized associate in arts transfer degree program will allow for a seamless transfer into specific university degree programs that require an associate in arts (AA) degree seeking student to go beyond the sixty (60) credit hours required for the general AA degree for admission to specific baccalaureate degree programs.

(2) Definitions.

(a) “College” means an institution within the Florida College System.

(b) “Completed proposal” means a college’s final submission of a specialized associate in arts transfer degree program proposal to the Division for consideration by the State Board of Education.

(c) “Division” means the Division of Florida Colleges.

(d) “Initial proposal” means a college’s first submission of a specialized associate in arts transfer degree program proposal to the Division for review.

(e) Specialized associate in arts transfer degree is hereby defined as stated in Rule 6A-14.030(4), Florida Administrative Code (F.A.C.).

(3) Specialized associate in arts transfer degree program notice of intent (NOI). To provide colleges and state universities with preliminary information regarding the proposed specialized associate in arts transfer degree program, a college seeking consideration of approval by the State Board of Education for a new specialized associate in arts transfer degree program must first complete and submit an NOI form, Form No. SAAT-01, in accordance with the requirements specified in s. 1007.25(9)(b)1., F.S.

(a) A college may submit an NOI at any time, and the NOI shall remain valid for two (2) years from its receipt by the Division.

(b) If the initial proposal is not received within two (2) years of receipt of the NOI, the college must begin the proposal process anew, beginning with submission of a new NOI.

(c) Upon receipt of the NOI, the Division shall have ten (10) business days to forward the NOI to all colleges and to the Chancellor of the State University System, who shall forward the NOI to all state universities.

(4) Specialized associate in arts transfer degree program comment period.

(a) After receipt of the NOI, colleges and state universities shall have thirty (30) calendar days to submit comments to the proposed specialized associate in arts transfer degree program.

(b) Comments must be submitted to the president of the proposing college and to the chancellor of the Florida College System at ChancellorFCS@fldoe.org.

(c) Colleges shall have an opportunity to provide a response to comments received by state universities as part of the initial proposal application.

(5) Specialized associate in arts transfer degree program proposal application. A college seeking consideration of approval by the State Board of Education for a new specialized associate in arts transfer degree program must complete and submit the specialized associate in arts transfer degree program proposal form, Form No. SAAT-02, in accordance with the criteria specified in s. 1007.25(9)(b)3., F.S.

(a) Upon receipt of an initial proposal, the Division shall review the proposal to determine compliance with criteria in s. 1007.25(9)(b)3., F.S., and other information requested on the proposal form including but not limited to an articulation agreement, Form No. SAAT-03, between the college and state university for graduates of the specialized associate in arts transfer degree program.

(b) Based on the review of the initial proposal, within thirty (30) calendar days, the Division shall notify the college of any deficiencies. The college shall be required to submit a revised, completed proposal application, which addresses deficiencies identified by the Division, to proceed with the request to offer the specialized associate in arts transfer degree program. There is no specified timeline for the college to address the deficiencies and submit the completed proposal.

(c) Unless the proposal is withdrawn by the college, the Division shall forward the completed proposal application, including all related documentation, to the Commissioner of Education with a written analysis.

(d) After receipt of a completed proposal, the Commissioner of Education shall have forty-five (45) days to recommend approval or disapproval to the State Board of Education for its consideration.

(6) Specialized associate in arts transfer degree program student and program performance reporting.

(a) Each college with one (1) or more specialized associate in arts transfer degree programs shall annually submit one specialized associate in arts transfer degree program reporting form, Form SAAT-04, for each active specialized associate in arts transfer degree program.

(b) Annually, the Division shall notify the colleges of the due date for specialized associate in arts transfer degree program reports at least sixty (60) days prior to the due date.

(7) Incorporated documents. The following forms are hereby incorporated by reference and made part of this rule. Copies may be obtained at Division of Florida Colleges Webpage (https://www.fldoe.org/schools/higher-ed/fl-college-system/administrators/saat.stml) or from the Division at 325 West Gaines Street, Suite 1244, Tallahassee, Florida, 32399.

(a) Form No. SAAT-01, Notice of Intent (NOI), (http://flrules.org/Gateway/reference.asp?No=Ref-19641), effective August 2026.

(b) Form No. SAAT-02, Proposal Application, (http://flrules.org/Gateway/reference.asp?No=Ref-19642), effective August 2026.

(c) Form No. SAAT-03, Articulation Agreement, (http://flrules.org/Gateway/reference.asp?No=Ref-19643), effective August 2026.

(d) Form No. SAAT-04, Student and Program Performance Report, (http://flrules.org/Gateway/reference.asp?No=Ref-19644), effective August 2026.

History

• Rulemaking Authority 1001.02, 1007.25(9)(e) FS. Law Implemented 1007.25 FS. History–New 8-27-24, Amended 8-25-26.

Fla. Admin. Code R. 6A-14.095 Site Determined Baccalaureate Access

(1) Purpose. This rule implements a uniform submission, approval and compliance process for baccalaureate degree programs proposed and offered by Florida College System institutions, in accordance with Section (s.) 1007.33, Florida Statutes, (F.S.).

(2) Definitions. For the purposes of this rule and forms incorporated herein, the following definitions shall be used.

(a) “Academic Program Pre-Proposal Recognition System” or “APPRiSe” is a web-based notification system used by the Florida College System and the State University System to provide advance notice to both systems of plans to develop a new baccalaureate degree program.

(b) “Board of Trustees” means a Florida College System institution board of trustees.

(c) “Classification of Instructional Programs” or “CIP code” refers to the taxonomic scheme developed by the U.S. Department of Education’s National Center for Education Statistics and located at http://nces.ed.gov/ipeds/cipcode/Default.aspx?y=55.

(d) “College” means an institution within the Florida College System.

(e) “Completed proposal” means a college’s final submission of a baccalaureate program proposal to the Division for consideration by the State Board of Education.

(f) “Division” means the Division of Florida Colleges.

(g) “Initial proposal” means a college’s first submission of a baccalaureate program proposal to the Division for review.

(h) “Institutional educational accrediting body” means the body for the accreditation of degree-granting higher education institutions.

(i) “Notice of intent” means the pre-proposal submission of a brief description of the baccalaureate degree program including the workforce demand, supply, unmet need and other requirements pursuant to s. 1007.33(5)(a), F.S.

(j) “Service district” means the geographical area served by a college identified in s. 1000.21, F.S.

(3) Baccalaureate Notice of Intent Process.

(a) Notification using APPRiSe. As the first step in the baccalaureate program proposal process, a Florida College System institution proposing a new baccalaureate degree program shall enter the prospective program in APPRiSe to provide state colleges and universities information regarding the new degree program. The APPRiSe notification shall be made prior to the submission of the notice of intent. The information submitted to APPRiSe must include at least: the program location, the program name, the program level, the CIP code family, the anticipated beginning term, a narrative description, and a primary contact name.

1. The APPRiSe notification will remain valid for two (2) years from the date it was noticed.

2. If the notice of intent is not received within two (2) years of the APPRiSe notification, the college must begin the approval process set forth in s. 1007.33(5), F.S., anew, beginning with the submission of a new APPRiSe notification.

(b) Notice of intent. Once the APPRiSe notification has been made, then pursuant to s. 1007.33(5)(a), F.S., a college seeking consideration of approval by the State Board of Education for a new baccalaureate degree proposal must complete and submit the Notice of Intent, Form No. BAAC-01 (http://www.flrules.org/Gateway/reference.asp?No=Ref-19195) which is hereby incorporated by reference in this rule effective May 2026. A copy of the form may be found at http://fldoe.org/schools/higher-ed/fl-college-system/baccalaureate-degree-proposal-process.stml or by writing to the Division at 325 West Gaines Street, Suite 1244, Tallahassee, Florida 32399.

1. The notice of intent will remain valid for two (2) years from its receipt by the Division.

2. If the initial proposal is not received within two (2) years of receipt of the notice of intent, the college must begin the approval process set forth in s. 1007.33(5), F.S., anew, beginning with the submission of a new APPRiSe notification followed by a notice of intent.

(4) Alternative Proposals and Objections. Alternative proposals and objections to the proposed baccalaureate degree may be submitted by a Florida state university or a private college or university that is accredited by an agency recognized by the U.S. Department of Education. Alternative proposals must be submitted to the Chancellor of the Florida College System and must address all criteria specified in s. 1007.33(5)(c), F.S., and specifically include a calculation of the total tuition and fees for a student starting as a first-time, freshman student in the program and a calculation of the total tuition and fees for completing the last two (2) years of the program. Both calculations must be based on the total hours required for the baccalaureate degree. A state university or private college or university that is accredited by an agency recognized by the U.S. Department of Education may also submit an objection to a proposed new program to the Division, pursuant to s. 1007.33(5)(b), F.S. State universities have sixty (60) days following the receipt of the notice of intent to submit alternative proposals and objections. Subsequent to the sixty (60) day submission window for state universities, regionally accredited private colleges have thirty (30) days to submit alternative proposals and objections.

(5) Baccalaureate Proposal Process, Application. A college seeking consideration of approval by the State Board of Education for a new baccalaureate degree proposal must complete and submit the Baccalaureate Proposal Application, Form No. BAAC-02 (http://www.flrules.org/Gateway/reference.asp?No=Ref-19196) which is hereby incorporated by reference in this rule effective May 2026. A copy of the form may be found at http://fldoe.org/schools/higher-ed/fl-college-system/baccalaureate-degree-proposal-process.stml or by writing to the Division at 325 West Gaines Street, Suite 1244, Tallahassee, Florida 32399.

(a) Upon receipt of an initial proposal, the Division shall review the proposal to determine compliance with criteria in s. 1007.33(5)(d), F.S., and other information requested on the Baccalaureate Proposal Application form.

(b) Based on the review of the initial proposal, the Division shall notify the college of any deficiencies. The college shall be required to submit a revised, completed proposal application, which addresses deficiencies identified by the Division, in order to proceed with the request to offer the baccalaureate degree program.

(c) Unless the proposal is withdrawn by the college, the Division shall forward the completed proposal application, including all related documentation, to the Commissioner of Education with a written analysis.

(6) Baccalaureate Accountability Process. Each college with one (1) or more baccalaureate programs shall annually submit one College-Level Baccalaureate Accountability Report, Form No. BAAC-03, and a Program-Level Baccalaureate Accountability Report, Form No. BAAC-04, for each active baccalaureate degree program.

(a) The College-Level Baccalaureate Accountability Report, Form No. BAAC-03 (http://www.flrules.org/Gateway/reference.asp?No=Ref-19197), effective May 2026, is hereby incorporated by reference and may be accessed at http://fldoe.org/schools/higher-ed/fl-college-system/baccalaureate-degree-proposal-process.stml or by writing to the Division at 325 West Gaines Street, Suite 1244, Tallahassee, Florida 32399.

(b) The Program-Level Baccalaureate Accountability Report, Form No. BAAC-04, (http://www.flrules.org/Gateway/reference.asp?No=Ref-19198) effective May 2026, is hereby incorporated by reference and may be accessed at http://fldoe.org/schools/higher-ed/fl-college-system/baccalaureate-degree-proposal-process.stml or by writing to the Division at 325 West Gaines Street, Suite 1244, Tallahassee, Florida 32399.

(c) Annually, the Division shall notify the colleges of the due date for Baccalaureate Accountability Reports at least sixty (60) days prior to the due date.

(7) Change to Baccalaureate Program Status and Other Programmatic Changes. A college seeking to inactivate, reactivate, terminate, or make other changes to an approved baccalaureate program must adhere to the provisions set forth herein. A college submitting a baccalaureate program change request must complete and submit the Baccalaureate Program-Level Changes, Form No. BAAC-05, (http://flrules.org/Gateway/reference.asp?No=Ref-19199) effective May 2026, which is hereby incorporated by reference and may be accessed at http://fldoe.org/schools/higher-ed/fl-college-system/baccalaureate-degree-proposal-process.stml or by writing to the Division at 325 West Gaines Street, Suite 1244, Tallahassee, Florida 32399. Form No. BAAC-05 may be submitted on a rolling basis.

(a) Inactivation (temporary suspension). A program that is inactivated for new enrollments remains an approved program. Students that are already enrolled can continue to progress towards degree completion. Colleges that inactivate, or temporarily suspend, an approved baccalaureate degree program shall report the inactivation via the Baccalaureate Program-Level Changes, Form No. BAAC-05. Reasons for inactivating programs may include, but are not limited to, the following:

1. Curriculum is being revised;

2. Key faculty member(s) have left the college and replacements are being recruited for the program;

3. Accreditation standards have changed;

4. The college is reprioritizing its resources and/or efforts; and

5. Student demand for the program has diminished over time and the college is re-evaluating the viability of the program.

(b) Reactivation. A college may subsequently reactivate an inactivated program and can begin accepting new enrollments without undergoing the baccalaureate approval process as outlined in subsections (3) and (5) of this rule provided that the reactivation occurs within two (2) years of the date that the approved program was inactivated. Colleges that reactivate an approved baccalaureate degree program shall report the reactivation via the Baccalaureate Program-Level Changes, Form No. BAAC-05. Colleges that wish to subsequently reactivate a program that has been inactive for more than two (2) years from the date that the program was inactivated must undergo the baccalaureate approval process as outlined in subsections (3) and (5) of this rule.

(c) Termination. Termination means that the college is no longer approved to offer the program. To ensure the efficient use of state resources and maintain the quality and relevancy of baccalaureate programs, colleges may terminate programs. Colleges that terminate an approved baccalaureate program shall develop a teach-out plan to accommodate students currently enrolled in the program and shall report the termination via the Baccalaureate Program-Level Changes, Form No. BAAC-05. Reasons for terminating programs may include but are not limited to the following:

1. Enrollments are no longer sufficient to justify the cost of instruction, facilities, and equipment, or the program duplicates other offerings at the college;

2. Faculty or other resources are no longer sufficient to deliver a high-quality program;

3. The program is no longer aligned with the mission or strategic goals of the college;

4. The program no longer meets local and regional workforce need and demand; and

5. The program no longer meets the needs of the citizens of Florida or the residents of the service area in providing a viable education or occupational objective. Colleges that terminate a program and subsequently wish to offer the program must undergo the baccalaureate approval process as outlined in subsections (3) and (5) of this rule.

(d) A college seeking to make changes to an approved baccalaureate degree program other than to inactivate, reactivate, or terminate the program, must report other changes via the Baccalaureate Program-Level Changes, Form No. BAAC-05. Other changes to an approved baccalaureate degree program include the following:

1. Program 6-digit federal CIP code;

2. Program credit hours;

3. Limited/restricted/open access designation;

4. Degree type; and

5. Program name.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1007.33(6), 1003.491(5) FS. Law Implemented 1007.33, 1003.491(5) FS. History–New 8-8-10, Amended 9-16-12, 8-26-15, 10-27-20, 2-21-23, 5-21-26.

Fla. Admin. Code R. 6A-14.096 Site Determined Associate in Applied Science and Associate in Science Degree Access

(1) Purpose. This rule implements a uniform submission, approval, and compliance process for associate in applied science and associate in science degree programs offered by school district career centers and charter career centers in accordance with Section (s.) 1007.331, Florida Statutes (F.S.), for the purpose of meeting district, regional, or statewide workforce needs.

(2) Definitions.

(a) “Applicant” means an accredited school district career center as defined s. 1001.44, F.S., or an accredited charter technical career center as defined in s. 1002.34, F.S.

(b) “Associate in applied science degree” or “A.A.S. degree” means a program of career and technical instruction consisting of lower division college credit courses to prepare for entry into employment. The A.A.S. degree is awarded upon satisfactory completion of a planned program of instruction comprised of the standard credit hour length established in Rule 6A-6.0571, F.A.C., after demonstration of the attainment of predetermined and specified performance requirements.

(c) “Associate in science degree” or “A.S. degree” means a program of career and technical instruction consisting of lower division college credit courses to prepare for entry into employment. The A.S. degree is a transfer degree and a basis for admission to a related bachelor’s degree. The associate in science degree is awarded upon satisfactory completion of a planned program of instruction comprised of the standard credit hour length established in Rule 6A-6.0571, F.A.C., after demonstration of the attainment of predetermined and specified performance requirements.

(d) “Credit” means a unit of measure assigned to courses or course equivalent learning. Credit is awarded if the learning activity it represents is part of, or preparatory for, an organized and specified program leading to a postsecondary certificate or degree. Credit is a device which indicates to the learner, to educational institutions, to employers, and to others how much of the program the learner has completed. The credit awarded may be independent of where the learning occurs. If a learning activity does not meet these requirements, credit shall not be awarded. The only types of postsecondary credit authorized are:

1. College credit. College credit is the type of credit assigned by postsecondary institutions to courses or course equivalent learning that is part of an organized and specified program leading to a diploma, certificate or degree. One (1) college credit is based on the learning expected from the equivalent of fifteen (15) fifty-minute periods of classroom instruction; with credits for such activities as laboratory instruction, internships, and clinical experience determined by the institution based on the proportion of direct instruction to the laboratory exercise, internship hours, or clinical practice hours.

2. Lower division college credit. Lower division college credit is assigned to college credit courses offered to freshmen and sophomores (1,000 and 2,000 level courses).

(e) “Council on Occupational Education” means the national accrediting of higher education institution recognized by the U.S. Department of Education.

(f) “Classification of Instructional Programs” means refers to the taxonomic scheme developed by the U.S. Department of Education’s National Center for Education Statistics that assigns a unique 6-digit reporting number for postsecondary instructional programs. The codes are assigned are commonly referred to as CIP codes.

(g) “Completed proposal” means an applicant’s final submission of an A.A.S. or A.S. program proposal to the Division for consideration by the State Board of Education.

(h) “Division” means the Division of Career and Adult Education.

(i) “Initial proposal” means a career center’s first submission of an A.A.S. or A.S. program proposal to the Division for review.

(j) “Service district” means the geographical area served by a Florida College System (FCS) institution identified in Section 1000.21, F.S.

(3) Notice of intent process, objections and alternative proposals.

(a) An applicant seeking to offer an A.A.S. or A.S. degree program must complete and submit the Associate in Science and Applied Science Notice of Intent, Form No. AAS-AS-01 (https://www.flrules.org/Gateway/reference.asp?No=Ref-16706) which is hereby incorporated by reference in this rule effective July 2024. A copy of the form may be found at https://www.fldoe.org/academics/career-adult-edu/career-tech-edu/program-resources.stml or by writing to the Division at 325 West Gaines Street, Suite 732, Tallahassee, Florida 32399. The notice of intent must be submitted to the Division of Career and Adult Education at least one hundred (100) days before the submission of its official proposal. Notices of intent will be accepted beginning July 2024, and may be submitted by an applicant at any time throughout the year.

(b) The notice must include: a brief description of the program; the workforce demand and unmet need for graduates of the program to include evidence from entities independent of the institution; the geographic region to be served; the estimated timeframe for implementation; a description of how the application intends to address the a minimum of fifteen (15) college credits of general education coursework consisting of at least one of the general education core courses in each of the identified subjects that fulfill general education core requirements and civic literacy competency in accordance with s. 1007.25, F.S. and rules 6A-14.0303 and 6A-10.02413, F.A.C.; and, a summary of how the applicant engaged in need, demand, and impact discussions with the Florida College System institution in its service district and other postsecondary education providers in its service district which offer A.A.S. or A.S. degree programs.

(c) Florida College System institutions will be provided sixty (60) days to submit objections to the proposed new program or submit an alternative proposal to offer the A.A.S. or A.S. degree program. Objections or alternative proposals must be submitted to the Division for consideration by the State Board of Education in making its decision to approve or deny an applicant’s proposal.

(d) Alternative proposals must address all of the following:

1. The extent to which the workforce demand and unmet need described in the notice of intent will be met.

2. The extent to which students will be able to complete the degree in the geographic region proposed to be served by the career center.

3. The level of financial commitment of the Florida College System institution to the development, implementation, and maintenance of the specified degree program, including timelines.

4. The extent to which faculty at both the career center and the Florida College System institution will collaborate in the development and offering of the curriculum.

5. The ability of the career center and the Florida College System institution to develop and approve the curriculum for the specified degree program within six (6) months after an agreement between the career center and Florida College System institution is signed.

6. The extent to which the student may incur additional costs above what the student would expect to incur if the program were offered by the career center or charter technical career center.

(4) Proposal process and application.

(a) After filing a Notice of Intent, an applicant must submit the Associate in Science and Applied Science Degree Proposal Application, Form AAS-AS-02 (https://www.flrules.org/Gateway/reference.asp?No=Ref-16707) which is hereby incorporated by reference in this rule effective July 2024. A copy of the form may be found https://www.fldoe.org/academics/career-adult-edu/career-tech-edu/program-resources.stml or by writing to the Division at 325 West Gaines Street, Suite 714, Tallahassee, Florida 32399. The proposal application must be submitted at least one hundred (100) calendar days after the submission of the notice of intent as specified in paragraph (3)(a).

(b) The Division will review the application and will notify the applicant of any deficiencies. The applicant will be required to submit a revised, completed proposal application, which addresses deficiencies identified by the Division, in order to proceed with the proposal to offer the associate degree.

(c) Unless the proposal is withdrawn by the applicant, the Division will submit the completed proposal application, any objections or alternative proposals, any additional related documentation to the Commissioner of Education with a written analysis. Applications will then be considered by the State Board of Education.

(5) Accreditation requirements for career centers and charter technical career centers. Upon approval by the State Board of Education, the career center or charter technical career center must obtain institutional accreditation from the Council on Occupational Education as an A.A.S. or an A.S. degree-granting institution. The Council on Occupation Education must be notified of any subsequent degree programs approved by the State Board of Education. Upon approval of a site-determined program by the State Board of Education, the career center is required to seek program level accreditation for any approved programs with a regulatory requirement for a program-level accreditation.

(6) Accountability process.

(a) Each career center or charter technical career center with one (1) or more A.A.S. or A.S. programs shall annually submit one Associate in Science/Applied Science Accountability Report, Form No. AAS-AS-03 (https://www.flrules.org/Gateway/reference.asp?No=Ref-16708), which is hereby incorporated by reference in this rule effective July 2024. A copy of the form may be found at https://www.fldoe.org/academics/career-adult-edu/career-tech-edu/program-resources.stml or by writing to the Division at 325 West Gaines Street, Suite 714, Tallahassee, Florida 32399.

(b) Annually, the Division will notify the career centers or charter technical career centers of the due date for the report at least sixty (60) days prior to the due date.

(c) The annual report shall be used to report on the following performance and compliance indicators:

1. Obtaining and maintaining Council on Occupational Education accreditation;

2. Maintaining qualified faculty and institutional resources;

3. Maintaining enrollment in previously approved programs;

4. Managing fiscal resources appropriately;

5. Complying with the primary mission and responsibility requirements in s. 1007.331, F.S., and

6. Other indicators of success, including program completions, placements, and surveys of graduates and employers.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1007.331(5) FS. Law Implemented 1007.331 FS. History–New 7-2-24.

Fla. Admin. Code R. 6A-14.097 Foreign Influence

(1) Definitions.

(a) “Affiliate organization” means any entity under the control of or established for the benefit of an organization required to report under this rule, including a direct support organization;

(b) “Agreement” means a written statement of mutual interest in academic or research collaboration;

(c) “Contract” means any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties, and any purchase, lease, or barter of property or services from a foreign country of concern as defined in this rule;

(d) “Direct-support organization” has the same meaning as provided in section 1004.70(1), Florida Statutes;

(e) “Foreign country of concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicholas Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country of concern;

(f) “Foreign government” means the government of any country, nation, or group of nations, or a province or other political subdivision of any country or nation, other than the government of the United States or the government of a state or political subdivision, including any agent of such foreign government;

(g) “Foreign principal” means any of the following:

1. The government or an official of the government of a foreign country of concern;

2. A political party or a member of a political party in a foreign country of concern. The term “political party” means an organization or a combination of individuals whose aim or purpose is, or who are engaged in any activity devoted in whole or in part to the establishment, administration, control, or acquisition of administration or control of a government of a foreign country of concern or a subdivision thereof, or the furtherance or influencing of the political or public interest, policies, or relations of a government of a foreign country of concern or a subdivision thereof;

3. A partnership, an association, a corporation, an organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, or a subsidiary thereof; or

4. Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent resident of the United States;

(h) “Foreign source” means any of the following:

1. A foreign government or an agency of a foreign government;

2. A legal entity, government or otherwise, created solely under the laws of a foreign state or states;

3. An individual who is not a citizen or a national of the United States or a territory or protectorate of the United States; or

4. An agent, including a subsidiary or an affiliate of a foreign legal entity, acting on behalf of a foreign source.

(i) “Grant” means a transfer of money for a specified purpose, including a conditional gift;

(j) “Partnership” means a faculty or student exchange program, a study abroad program, an articulation program, a recruiting program, or a dual degree program;

(k) “Pledge” means a promise, an agreement, or an expressed intention to give a gift.

(l) “State college” means any postsecondary education institution under the supervision of the State Board of Education, which includes all Florida College System (FCS) institutions and any entity under the control of or established for the benefit of a state college.

(2) Gifts from Foreign Countries of Concern. A state college, or any employee or representative of a state college, may not solicit or accept any gift as defined in section 286.101, Florida Statutes, in its official capacity, including any physical object, loan, reward, promise of future employment, favor, or service, from a college or university based in a foreign country of concern or from a foreign principal.

(3) Reporting Gifts from Other Foreign Countries. Each state college shall report gifts valued at $50,000 or more received from a foreign source directly or indirectly during the fiscal year. If a foreign source provides more than one gift in a single fiscal year and the total value of those gifts is $50,000 or more, all gifts received from that foreign source must be reported. The semi-annual reporting requirement must be made each January 31st and July 31st to the Division of Florida Colleges in a manner prescribed by the Chancellor.

(4) International Cultural Agreements.

(a) Beginning July 1, 2023, a state college, including any entity under the control of or established for the benefit of a state college authorized to expend state-appropriated funds, may not accept any grant from or participate in any agreement with any college or university based in a foreign country of concern, or with any foreign principal without prior approval from the State Board of Education.

(b) Beginning December 1, 2023, a state college, including any entity under the control of or established for the benefit of a state college authorized to expend state-appropriated funds, may not participate in any partnership with any college or university based in a foreign country of concern, or with any foreign principal without prior approval from the State Board of Education.

(c) A state college may, with approval from the State Board of Education, enter into a partnership or agreement with a college or university based in a foreign country of concern, or with a foreign principal, if such partnership or agreement is deemed by the State Board of Education to be valuable to students and the state college and is not detrimental to the safety or security of the United States or its residents. To request approval from the State Board of Education, each FCS institution board of trustees must submit a request to the Division of Florida Colleges via email to ChancellorFCS@FLDOE.org at least ninety (90) days prior to the anticipated start date of the agreement or partnership with the following information:

1. Entity with which the state college is entering into an agreement or partnership;

2. Location of the entity reported in (4)(c)1.;

3. Expected start and end date of the agreement or partnership;

4. Purpose and benefits of the agreement or partnership;

5. Any identified risks of the agreement or partnership;

6. Projected number of students, faculty, and staff participating in the agreement or partnership;

7. Estimated budget and source of funds to support the agreement or partnership;

8. Draft of the agreement or partnership, and;

9. Other information as requested by the Chancellor.

(d) Upon review of a complete request submitted by the FCS institution board of trustees in (4)(c), the State Board of Education may grant approval for partnerships or agreements it deems valuable to students and the state college and not detrimental to the safety or security of the United States or its residents.

(e) If a state college enters into a partnership or an agreement with a college or university based in a foreign country of concern or with a foreign principal without approval of the State Board of Education, the Board may withhold additional performance funding to the state college.

(5) Foreign Country of Concern Reporting Requirements. Beginning September 1, 2024, and annually thereafter, each FCS institution board of trustees must submit a report to the Division of Florida Colleges via email to ChancellorFCS@FLDOE.org relating to all grant programs, agreements, partnerships, and contracts between the state college and any colleges and universities based in a foreign country of concern and foreign principals. For institutions that do not have an agreement, the report shall indicate that no agreement exists. For institutions holding approved agreements, at a minimum, the report must include all of the following information for the previous fiscal year:

(a) A copy of any grant program, agreement, partnership, or contract between the state college and any university or college that is based in a foreign country of concern or a foreign principal.

(b) Data reflecting any office, campus, or physical location used or maintained by the state college in a foreign country of concern or with a foreign principal.

(c) A summary of the activities, communications, and fiscal transactions.

(d) The date on which any such grant program, agreement, partnership, or contract reported pursuant to (5)(a) is expected to terminate.

History

• Rulemaking Authority 286.101, 288.860, 1001.02, 1010.2, FS. Law Implemented 286.101, 288.860, 1010.25, FS. History‒New 9-26-23.

Fla. Admin. Code R. 6A-14.099 Failure of Florida College System Administrator or Law Enforcement Agency to Report Child Abuse, Abandonment or Neglect

(1) Definitions. For purposes of this section:

(a) The terms “abuse,” “abandonment,” and “neglect” shall have the same meaning as in Section 39.01, F.S.

(b) The term “Administrator” means high level personnel who have been assigned the responsibility of college-wide or campus-wide academic or administrative functions, such as: college presidents, campus presidents, provosts, senior/executive vice presidents, vice presidents, associate vice presidents, associate/vice provosts, chief human resource officer, deans, chief of police, campus safety officer, equal opportunity programs director, intercollegiate athletics director, internal auditor, Title IX coordinator and college compliance officer.

(c) The term “college” means a Florida College System institution.

(d) The term “Law Enforcement Agency” means the unit of the college which is vested with the authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state.

(e) The term “State Board” means the State Board of Education.

(2) Investigation of an Allegation of a Failure to Report.

(a) Upon receipt of a credible allegation that a college Administrator or Law Enforcement Agency knowingly and willfully failed to report information of known or spected child abuse, abandonment, or neglect as required by Section 39.205, F.S., the Florida Department of Education’s Office of Inspector General shall conduct an investigation to determine if sufficient evidence exists to support the allegation and the assessment of the $1 million fine pursuant to Section 39.205, F.S.

(b) The Inspector General shall submit the investigatory findings to the Chair of the college’s District Board of Trustees or the Chair’s designee, and the college shall have twenty (20) business days after receipt to submit a written response to the Inspector General. The Inspector General shall provide a rebuttal, if any, to the college within twenty (20) business days after receipt of the college’s response. The college’s response and the Inspector General’s rebuttal to the response, if any shall be included in the final investigative report presented to the State Board and the Chair of the college’s District Board of Trustees.

(3) Active by the State Board. The State Board shall issue a written order determining whether or not to assess the $1 million fine against the college pursuant to Section 39.205, F.S.

(4) Additional Proceedings. Within twenty-one (21) business days after receipt of the State Board’s written order, the college may file a petition challenging the State Board of Education’s determination in an administrative proceeding conducted pursuant to Section 120.57, F.S.

History

• Rulemaking Authority 39.205(10), 1001.02(1) FS. Law Implemented 39.205 FS. History‒New 3-5-14.

Fla. Admin. Code R. 6A-14.0223 Establishing Community Colleges

History

• Rulemaking Authority 229.053(1), 230.755 FS. Law Implemented 230.752 FS. History–New 12-19-74, Formerly 6A-8.05, Amended 12-26-77, Formerly 6A-14.23, Repealed 4-27-82.

Chapter 6A-16 ORGANIZATION AND RULES OF PROCEDURE

Fla. Admin. Code R. 6A-16.018 Designation of Official Reporter

History

• Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(2) FS. History–New 7-7-92, Amended 3-25-13, Repealed 4-25-17.

Fla. Admin. Code R. 6A-16.019 Authority for Rulemaking Regarding Indexing, Management and Availability of Final Orders

History

• Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1), (2) FS. History–New 7-7-92, Repealed 4-25-17.

Fla. Admin. Code R. 6A-16.020 Purpose

History

• Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1), (2) FS. History–New 7-7-92, Repealed 4-25-17.

Fla. Admin. Code R. 6A-16.021 Plan

History

• Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1), (2) FS. History–New 7-7-92, Amended 3-25-13, Repealed 4-25-17.

Fla. Admin. Code R. 6A-16.022 Final Orders Required to be Indexed

History

• Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1)(a)2.a., (d) FS. History–New 7-7-92, Repealed 4-25-17.

Fla. Admin. Code R. 6A-16.023 Listing of Final Orders

History

• Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1)(a)3. FS. History–New 7-7-92, Repealed 4-25-17.

Fla. Admin. Code R. 6A-16.024 Numbering of Final Orders

History

• Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1)(h) FS. History–New 7-7-92, Repealed 4-25-17.

Fla. Admin. Code R. 6A-16.025 Maintenance of Records

History

• Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1)(f) FS. History–New 7-7-92, Amended 3-25-13, Repealed 4-25-17.

Fla. Admin. Code R. 6A-16.026 Reporting Information to the State Board of Education

History

• Rulemaking Authority 1001.02(1) FS. Law Implemented 1001.20(1), (2) FS. History–New 3-28-00, Repealed 4-25-17.

Chapter 6A-18 DIVISION OF BLIND SERVICES

Fla. Admin. Code R. 6A-18.001 Scope and Purpose

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1)(a), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1)(a), 413.041, 413.051 FS., 45 C.F.R., Part 1369. History–New 4-5-83, Formerly 6A-18.01, Transferred to 38K-1.001.

Fla. Admin. Code R. 6A-18.002 Definitions

History

• Rulemaking Authority 20.05(5), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 413.041, 413.051 FS. History–New 4-5-83, Amended 7-9-84, Formerly 6A-18.02, Transferred to 38K-1.002.

Fla. Admin. Code R. 6A-18.003 Establishment of Vending Facilities

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.041, 413.051 FS., 45 C.F.R., Part 1369.3, 20 U.S.C.A., Section 107-a-d. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.03, Transferred to 38K-1.003.

Fla. Admin. Code R. 6A-18.004 Issuance of License

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 120.53(1), 413.041, 413.051 FS., 45 C.F.R., Part 1369.7. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.04, Amended 7-8-87, Transferred to 38K-1.004.

Fla. Admin. Code R. 6A-18.005 Vending Facility Training Program

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.041, 413.051, 413.25 FS., 45 C.F.R., Part 1369.11. History–New 4-5-83, Formerly 6A-18.05, Transferred to 38K-1.005.

Fla. Admin. Code R. 6A-18.006 Access to Vending Facility Program and Financial Information

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.041, 413.051 FS., 45 C.F.R., Part 1369.12. History–New 4-5-83, Formerly 6A-18.06, Transferred to 38K-1.006.

Fla. Admin. Code R. 6A-18.007 Set-aside Funds

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.041, 413.051 FS., 45 C.F.R., Part 1369.3(11), 1369.9. History–New 4-5-83, Formerly 6A-18.07, Transferred to 38K-1.007.

Fla. Admin. Code R. 6A-18.008 Transfer and Promotion of Vendors

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.041, 413.051 FS. History–New 4-5-83, Formerly 6A-18.08, Transferred to 38K-1.008.

Fla. Admin. Code R. 6A-18.009 The Vendors Committee

History

• Rulemaking Authority 20.05(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 229.053(2)(m1), 413.041, 413.051 FS. History–New 4-5-83, Amended 7-9-84, 11-5-85, Formerly 6A-18.09, Transferred to 38K-1.009.

Fla. Admin. Code R. 6A-18.010 Operation Agreement Between the Division and Vendors

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.041, 413.051 FS., 45 C.F.R., Part 1369.1, 1369.4, 1369.6, 1369.7, 1369.36. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.10, Amended 7-8-87, Transferred to 38K-1.010.

Fla. Admin. Code R. 6A-18.011 Duties and Responsibilities of the Division of Blind Services

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.041, 413.051 FS., 45 C.F.R., Part 1369.4. History–New 4-5-83, Formerly 6A-18.11, Transferred to 38K-1.011.

Fla. Admin. Code R. 6A-18.012 Newspaper Vending Sales

History

• Rulemaking Authority 20.05(1), 229.053(1) FS. Law Implemented 413.041, 413.051 FS. History–New 3-1-93, Transferred to 38K-1.012.

Fla. Admin. Code R. 6A-18.015 Forms and Instructions

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1)(b), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1)(b), 413.011, 413.051, 413.091 FS. History–New 6-28-83, Formerly 6A-18.15, Transferred to 38K-1.015.

Fla. Admin. Code R. 6A-18.017 Definitions

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.011(1) FS. History–New 6-2-85, Formerly 6A-18.17, Transferred to 38K-1.017.

Fla. Admin. Code R. 6A-18.018 Organization

History

• Rulemaking Authority 120.53(1)(a), 229.053(1), 413.011(1) FS. Law Implemented 120.53(1)(a), 229.053(1), 413.011(1), 413.032 FS. History–New 7-23-85, Formerly 6A-18.18, Transferred to 38K-1.018.

Fla. Admin. Code R. 6A-18.019 State Registry of Blind Persons

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 413.011(1)(b) FS. Law Implemented 120.53(1)(b), 413.011(1)(b), 413.012 FS. History–New 10-10-85, Formerly 6A-18.19, Transferred to 38K-1.019.

Fla. Admin. Code R. 6A-18.020 Advisory Council for the Blind

History

• Rulemaking Authority 120.53(1)(b), 229.053(1), 413.011(2) FS. Law Implemented 120.53(1)(b), 229.053(1), 413.011(2) FS. History–New 7-23-85, Formerly 6A-18.20, Transferred to 38K-1.020.

Fla. Admin. Code R. 6A-18.022 Retention of Title to Equipment

History

• Rulemaking Authority 120.53(1), 229.053(1), 413.011(1) FS. Law Implemented 413.011(1)(d), (g), (j), 413.32 FS. History–New 7-23-85, Formerly 6A-18.22, Transferred to 38K-1.022.

Fla. Admin. Code R. 6A-18.023 Solicitation of Funds for Blind Persons

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1)(a), 229.053(1), 413.066 FS. Law Implemented 20.05(1), 413.066 FS. History–New 6-2-85, Formerly 6A-18.23, Transferred to 38K-1.023.

Fla. Admin. Code R. 6A-18.031 Scope and Purpose

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.011(1) FS. History–New 2-13-84, Formerly 6A-18.31, Transferred to 38K-1.031.

Fla. Admin. Code R. 6A-18.032 Definitions

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.011(1), 413.012 FS. History–New 2-13-84, Formerly 6A-18.32, Transferred to 38K-1.032.

Fla. Admin. Code R. 6A-18.033 General Description of Services and Procedures

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 413.011(1) FS. History–New 2-13-84, Formerly 6A-18.33, Transferred to 38K-1.033.

Fla. Admin. Code R. 6A-18.034 Referrals and Applicants

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 120.53(1), 413.011(1) FS. History–New 2-13-84, Formerly 6A-18.34, Transferred to 38K-1.034.

Fla. Admin. Code R. 6A-18.035 Eligibility Determination

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 120.53(1), 413.011(1), 413.021, 413.031 FS. History–New 2-13-84, Formerly 6A-18.35, Transferred to 38K-1.035.

Fla. Admin. Code R. 6A-18.036 Economic Need Policies

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 120.53(1), 413.011(1) FS., 34 C.F.R., Part 361.47. History–New 2-13-84, Formerly 6A-18.36, Transferred to 38K-1.036.

Fla. Admin. Code R. 6A-18.037 The Individualized Plan for Vocational Rehabilitation

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 120.53(1), 413.011(1) FS. History–New 2-13-84, Formerly 6A-18.37, Transferred to 38K-1.037.

Fla. Admin. Code R. 6A-18.038 Standards and Fees for Vocational Rehabilitation Services

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 120.53(1), 413.011(1) FS., 34 C.F.R., Parts 361.42, 361.45, 361.46. History–New 2-13-84, Formerly 6A-18.38, Transferred to 38K-1.038.

Fla. Admin. Code R. 6A-18.039 Determination That a Client Has Been Rehabilitated

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 120.53(1), 413.011(1) FS. History–New 2-13-84, Formerly 6A-18.39, Transferred to 38K-1.039.

Fla. Admin. Code R. 6A-18.040 Definitions

The following definitions apply throughout Chapter 6A-18, F.A.C.:

(1) Department means the Florida Department of Education.

(2) Division means the Division of Blind Services.

(3) Permanent Licensed Operator Facility Agreement (Permanent L.O.F.A.) means a contract between the Division and a Blind licensee for the operation of a Division Vending facility in perpetuity. It contains the contractual obligations and expectations between the Vendor and the Division as well as the terms governing the interactions of both with property owners.

(4) Temporary Licensed Operator Facility Agreement (Temporary L.O.F.A.) means a contract between the Division and a Blind licensee for the operation of a Division Vending facility for a specific period of time. It contains the contractual obligations and expectations between the Vendor and the Division as well as the terms governing interactions of both with property owners.

History

• Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011 FS. History–New 4-5-83, Amended 7-9-84, Formerly 6A-18.02, 6A-18.002, Amended 10-20-98, Formerly 38K-1.002, Amended 8-24-16.

Fla. Admin. Code R. 6A-18.0401 Federal Regulations Adopted by Reference

The Department adopts and incorporates by reference Title 34, Code of Federal Regulations, Parts 361, effective August 19, 2016, (http://www.flrules.org/Gateway/reference.asp?No=Ref-09922) 363, effective August 19, 2016, (http://www.flrules.org/Gateway/reference.asp?No=Ref-09923) 395, effective January 19, 1981 (http://www.flrules.org/Gateway/reference.asp?No=Ref-09924), and 397, effective August 19, 2016 (http://www.flrules.org/Gateway/reference.asp?No=Ref-09925). The regulations may also be obtained by contacting the Division of Blind Services, 325 West Gaines Street, Suite 1114, Tallahassee, Florida 32399-0400.

History

• Rulemaking Authority 413.011(3)(f), 413.051(12) FS. Law Implemented 413.011(3)(l), 413.041, 413.051 FS. History–New 8-24-16, Amended 10-18-18.

Fla. Admin. Code R. 6A-18.041 Establishment of Vending Facilities

The Division shall establish and maintain Vending facilities on federal, state, and other property wherever feasible, in light of appropriate space and potential patronage, projected Vendor income, required Division investment, availability of funds and other factors unique to each potential Vending facility. The Division shall retain title to all equipment, fixtures, and other items purchased with Division funds and assigned to a Vending facility. Should the Division, for any reason, temporarily forego the establishment of a Vending facility, the Division shall pursue the Division’s right to vending machine income under 20 U.S.C. §107d-3, 34 C.F.R. §395, and Chapter 413, F.S.

History

• Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.03, 6A-18.003, Amended 10-20-98, Formerly 38K-1.003, Amended 8-24-16.

Fla. Admin. Code R. 6A-18.042 Issuance of License

(1) In order to be eligible for and maintain a license to operate a Vending facility, an individual must be:

(a) A Blind person as defined in 34 CFR §395.1, Terms, and Section 413.033(1), F.S.;

(b) A citizen of the United States;

(c) Eighteen (18) years of age or older;

(d) Determined eligible to receive services as a client of the Division of Blind Services pursuant to Rule 6A-18.050, F.A.C.;

(e) Possess a high school diploma or equivalency;

(f) Must pass a security background investigation, which shall include fingerprinting, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies; and,

(2) An individual who is found to have been convicted of or pled guilty or nolo contendere to, whether or not adjudication is withheld, any crime that is a felony or a first degree misdemeanor, shall be disqualified from eligibility for a license to operate a Vending facility unless the Department exempts the individual from disqualification based on a consideration of:

(a) The passage of time since commission of the crime(s);

(b) The circumstances surrounding the crime(s);

(c) The nature of the harm caused any victim of the crime(s); and,

(d) Other evidence provided by the applicant demonstrating to a clear and convincing standard that the applicant should not be disqualified from eligibility.

(3) The Division may grant an exemption from disqualification from this section only as provided in Section 435.07, F.S., except that the requirements of Section 435.07(1)(a)1., F.S., shall apply to all disqualifying offenses described in subsection 6A-18.042(2), F.A.C.

(4) To apply for licensure, an individual must:

(a) Meet with his or her Division vocational rehabilitation counselor and express an interest in the Vending facility program;

(b) Complete a vocational assessment;

(c) Determine, as agreed to by his or her vocational rehabilitation counselor pursuant to 34 C.F.R. §§361.45 and 361.46, that Vending facility operator is an appropriate employment outcome, based on the results of of the vocational assessment and any other pertinent training received by the client within the past calendar year. The counselor may recommend further assessment and training as needed.

(5) The Division shall issue a license to operate a Vending facility after an individual has satisfactorily completed:

(a) The Vending Facility Training Program Application (Form DBS-BEP 005) as incorporated by reference in Rule 6A-18.046, F.A.C.;

(b) An assessment interview before a panel comprised of Division employees and members of the State Committee of Vendors;

(c) A ten-day work experience in which the individual works with a local licensed Vendor to determine whether Vending facility operator is an appropriate employment goal;

(d) The Vending Facility Training Program at the Career, Technology, and Training Center for the Blind and Visually Impaired in Daytona Beach, Florida, with scores of eighty (80) percent or higher on all testing;

(e) Four (4) to ten (10) weeks of on-the-job training at an existing Vending facility; and

(f) The Licensure Examination with a score of eighty (80) percent or higher.

(6) The license shall be continuously valid, subject to:

(a) The Blind licensee’s continuing to meet the requirements of licensure;

(b) The voluntary relinquishment of the license;

(c) Death of the Blind licensee;

(d) Revocation of the license as set forth in Rule 6A-18.00421, F.A.C.; or

(e) The Blind licensee failing, for a period of five (5) years, to actively hold either a Permanent or a Temporary L.O.F.A.;

(7) Any Blind licensee whose license becomes invalid under paragraph 6A-18.042(6)(e), F.A.C., must complete the requirements of subsection 6A-18.042(5), F.A.C., prior to participating in any future selection process.

History

• Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.04, Amended 7-8-87, Formerly 6A-18.004, Amended 10-20-98, Formerly 38K-1.004, Amended 10-25-10, 8-24-16, 10-18-18.

Fla. Admin. Code R. 6A-18.0421 Conditions for Termination of a L.O.F.A.; Suspension or Revocation of License

(1) A Blind licensee’s L.O.F.A. may be terminated or a license may be suspended or revoked for any one of the offenses listed in subsection (2) below. When the Division finds that a Blind licensee has committed any act for which the Division may impose discipline, the Division shall impose an appropriate penalty within the ranges set forth in subsection (2) unless, based upon consideration of aggravating and mitigating factors in the individual case that are among those set out in subsection (4) of this rule, the Division determines that a penalty outside the range in those guidelines but within statutory limitation is appropriate. In those cases in which the Division relies on aggravating or mitigating factors to depart from the ranges in the disciplinary guidelines, such aggravating and mitigating factors shall be stated in the written notice informing the Blind licensee of the penalty.

(2) The table below includes the acts for which the Division may impose discipline, along with the applicable disciplinary guidelines. Each of the disciplinary guidelines shall be interpreted to include the following range of disciplinary actions: “letter of warning”; “letter of sanction”; “termination of L.O.F.A.”; “suspension”; and “revocation.” The term “letter of sanction” shall mean a written communication from the Division to the Blind licensee outlining a violation as described in this subsection and carrying such penalty as described in subparagraph 6A-18.0425(3)(b)4., F.A.C. The terms “suspension” and “revocation” shall mean any length of suspension or revocation of a license to operate a Vending facility, including permanent revocation, and shall include a comparable period of denial of an application for a license.

(a) Violation of the rules set forth in Chapter 6A-18, F.A.C.

Letter of Warning – Revocation

(b) Violation of the requirements for licensure as set forth in subsection 6A-18.042(1), F.A.C.

Termination of L.O.F.A. – Revocation

(c) Non-compliance with the terms of a L.O.F.A.

Letter of Warning – Termination of L.O.F.A.

(d) Non-compliance with the terms and conditions of any permit or lease for property on which a Vending facility is located.

Letter of Warning – Termination of L.O.F.A.

(e) Misuse or unauthorized use of Vending facility or equipment, including damage or destruction due to negligence or the failure to use ordinary or reasonable care.

Letter of Warning – Termination of L.O.F.A.

(f) Removal of state property or state funds from a Vending facility without the prior written approval of the Division.

Termination of L.O.F.A. – Revocation

(g) Misuse or misappropriation of state funds.

Termination of L.O.F.A. – Revocation

(h) Falsification of facility records or reports.

Letter of Warning – Revocation

(i) The use of threatening, discriminatory, harassing, or abusive language at the Vending facility.

Letter of Sanction – Revocation

(j) Being in possession of, selling or being under the influence of illegal drugs or alcohol at a Vending facility.

Letter of Sanction – Revocation

(k) Becoming incapacitated to such a degree that the Blind licensee can no longer manage the Vending facility.

Termination of L.O.F.A. – Revocation

(l) Failure to successfully complete, every two (2) years, three (3) continuing education units (CEUs) of courses approved by the Division.

Suspension – Revocation

(m) Conviction of or plea of guilty or nolo contendere to, whether or not adjudication of guilt is withheld, a crime that is a felony or a first degree misdemeanor.

Termination of L.O.F.A. – Revocation

(n) Unlicensed carrying of concealed weapons or concealed firearms, as set forth in Section 790.01, F.S., in a Vending facility by the Blind licensee, excluding tools typically used in the operation of a Vending facility.

Termination of L.O.F.A. – Revocation

(o) Failure by the Blind licensee to pay the Division for initial working capital when due, or Set-aside funds.

Termination of L.O.F.A. – Revocation

(p) Failure by the Blind licensee to pay commissions or other financial obligations incurred in execution of the L.O.F.A., following due notice from the Division.

Termination of L.O.F.A. – Revocation

(q) Default on any repayment plan between the Blind licensee and the Division for initial working capital, Set-aside funds, or commission deficiencies. Default shall be determined as lack of satisfaction of the balance on said debt, following due notice from the Division.

Termination of L.O.F.A. – Revocation

(r) Failure by the Blind licensee on two (2) consecutive occasions to submit, under the L.O.F.A., the monthly business reports or Set-aside funds by the due date.

Termination of L.O.F.A. – Revocation

(s) Failure on three (3) separate occasions during any calendar year to submit, under the L.O.F.A., the monthly business reports or Set-aside funds by the date due.

Termination of L.O.F.A. – Revocation

(t) Failure to pass the security background investigation required by paragraph 6A-18.042(1)(f), F.A.C., subject to the exemption criteria in subsections 6A-18.042(2) and 6A-18.042(3), F.A.C.

Suspension – Revocation

(3) Pursuant to section 120.695, F.S., the Division designates the first violation of the following rules as minor violations for which the Division shall issue a Notice of Noncompliance, allowing the Blind licensee fifteen (15) days to correct the violation prior to application of the discipline outlined in subsection 6A-18.0421(2), F.A.C.:

(a) Paragraph 6A-18.0421(2)(l), F.A.C.;

(b) Paragraph 6A-18.0421(2)(o), F.A.C.;

(c) Paragraph 6A-18.0421(2)(p), F.A.C.; and

(d) Paragraph 6A-18.0421(2)(q), F.A.C.

(4) Based upon consideration of aggravating and mitigating factors present in an individual case, the Division may deviate from penalties recommended in subsection (4) of this rule. The Division may consider the following as aggravating or mitigating factors:

(a) The severity of the offense;

(b) The danger to the public;

(c) The number of repetitions of offenses;

(d) Length of time since the violation;

(e) The number of times the Blind licensee has been previously disciplined by the Division;

(f) The length of time the Blind licensee has been licensed and contributions to the program;

(g) The actual damage, physical or otherwise, caused by the violation;

(h) The deterrent effect of the penalty imposed;

(i) The effect of the penalty on the Blind licensee’s livelihood;

(j) Any effort of rehabilitation by the Blind licensee;

(k) The actual knowledge of the Blind licensee pertaining to the violation;

(l) Attempts by the Blind licensee to correct or stop the violation or refusal by the Blind licensee to correct or stop the violation;

(m) Actual negligence related to the Blind licensee in any violation;

(n) Penalties imposed for related offenses under subsection (4) of this rule;

(o) Monetary or other benefit to the Blind licensee;

(p) Present status of physical and/or mental condition contributing to the violation including recovery from addiction;

(q) Any other relevant mitigating or aggravating factors under the circumstances.

(5) The Division shall serve written notice of its intent to remove a Blind licensee from a Vending facility or to suspend or revoke a license by hand delivery or certified mail, to the Blind licensee’s last known address. Such action shall be governed by Rule 6A-18.0423, F.A.C., and Chapter 120, F.S.

History

• Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.0041, Amended 10-25-10, 8-24-16, 10-18-18.

Fla. Admin. Code R. 6A-18.0422 Emergency Removal of a Vendor from a Vending Facility

(1) If a Vendor’s actions in operating a Vending facility constitute an immediate danger to public health, safety or welfare, or to the assets of the Vending facility, the Division shall immediately remove the Vendor from the Vending facility.

(2) The Division shall provide the Vendor written documentation of the cause for such removal within ten (10) days of the date of the action by hand delivery or certified mail to the Vendor’s last known address.

History

• Rulemaking Authority 413.011(3)(f), 413.051(12) FS. Law Implemented 413.011(3)(f) FS. History–New 10-20-98, Formerly 38K-1.0042, Amended 8-24-16.

Fla. Admin. Code R. 6A-18.0423 Grievance Procedure

(1) A Blind licensee may file a grievance if dissatisfied with action taken by the Division which affects the Blind licensee in the operation of the relevant Vending facility.

(2) The grievance shall be reviewed by a five (5) member board which shall be comprised of two (2) persons selected by the Division and three (3) persons selected by the State Committee of Vendors. The board shall review the written grievance, and documents attached to such grievance and all relevant Division documents.

(3) The grievance shall be filed in writing with the Division, within twenty-one (21) calendar days of notice of the action giving rise to the grievance.

(4) In all matters not involving decisions under Rule 6A-18.0425, F.A.C.:

(a) The written grievance shall specify the action being grieved, contain a recommendation for its resolution and include any documents deemed relevant by the grievant to the grieved action or the proposed resolution;

(b) The board shall consider the facts presented in the written grievance, the documents attached to such grievance, and all relevant Division documents to determine if any action taken by the Division violates the applicable rules and regulations;

(c) The board shall issue a recommendation to the Division supported by a simple majority of the board within fifteen (15) business days of the Division’s receipt of the written grievance;

(d) The Division shall advise the Blind licensee in writing of its disposition of the grievance within thirty (30) business days of the Division’s receipt of the written grievance;

(e) If the grievance is not resolved in writing to the satisfaction of the Blind licensee within thirty (30) business days of the receipt of the grievance, the Blind licensee may request a hearing pursuant to chapter 120, F.S. The request shall be in writing, must comply with the requirements of Section 120.569(2)(c), F.S., filed with the Director, Division of Blind Services, within twenty-one (21) calendar days of receipt of the Division’s disposition.

(5) In matters involving decisions under Rule 6A-18.0425, F.A.C., the procedure shall be as stated above except that:

(a) The grievance shall be filed in writing with the Division within seven (7) business days of the Division appointment announcement;

(b) The written grievance shall not include any material required under subsection 6A-18.0425(1), F.A.C.;

(c) The board shall consider the facts presented in the written grievance, the documents attached to such grievance, and all relevant Division documents to determine if any action taken by the Division violates the applicable rules and regulations; and,

(d) The board’s recommendation shall be issued to the Division within twelve (12) business days of the Division’s appointment announcement.

History

• Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.0043, Amended 8-24-16.

Fla. Admin. Code R. 6A-18.0424 Announcement of Vending Facility Vacancies

(1) Upon the establishment of a new Vending facility or when a vacancy occurs in an existing Vending facility, the Division shall announce the vacancy in an accessible format as a competitive opportunity.

(2) An individual is deemed eligible to compete for a Vending facility vacancy only if the individual:

(a) Is a Blind licensee;

(b) Has completed the Business Opportunity Application form, Form DBS-BEP 007, as incorporated by reference in subsection 6A-18.046(2), F.A.C.;

(c) Does not have an outstanding debt to the Division;

(d) Is current with Continuing Education requirements (see paragraph 6A-18.0421(2)(h), F.A.C.); and,

(e) In the case of a Vending facility vacancy filled with a Vendor under a Permanent L.O.F.A., has established or, if selected, will establish within thirty (30) days of executing the Permanent L.O.F.A. and maintain for the term of such L.O.F.A. a legal physical residence within seventy-five (75) miles of the Vending facility. A single thirty (30) day extension of this requirement shall be granted upon written request by the Vendor.

(3) Each vacancy shall be announced for a minimum of two (2) weeks and shall contain, at a minimum, the following information:

(a) The location of the Vending facility;

(b) The type of Vending facility;

(c) The hours of operation;

(d) A general description of services and items currently sold;

(e) Accessibility of the Vending facility;

(f) Staffing pattern;

(g) Estimated annual sales;

(h) Application instructions;

(i) Deadline date for applying; and,

(j) Any special information or requirements.

(4) After notification to the chairperson of the State Committee of Vendors, the Division may elect not to announce a vacancy and instead directly place a Blind licensee under the following circumstances:

(a) To operate a new or existing Vending facility to determine accurate gross sales information; or

(b) To remedy a situation that has improperly or adversely affected a Blind Licensee.

History

• Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.0044, Amended 8-24-16.

Fla. Admin. Code R. 6A-18.0425 Application and Selection

(1) Selection applications shall be submitted on the Business Opportunity Application (Form DBS-BEP 007) as incorporated by reference in Rule 6A-18.046, F.A.C. All items in such form must be completed and received in accordance with the application instructions by the closing date indicated in the announcement.

(2) Selection panel. The Division shall establish and maintain a permanent statewide selection panel. The selection panel shall be responsible for recommending candidates for vacant Vendor manager’s positions for Vending facilities referred to the panel by the Division. The selection panel shall be composed of five (5) members, two (2) selected by the Division and three (3) selected by two-thirds vote of the State Committee of Vendors. The selection panel shall have two (2) alternate members selected by two-thirds vote of the State Committee of Vendors. Alternate members shall serve when a primary member selected by the State Committee of Vendors is unable to serve. Members selected by the State Committee of Vendors shall serve for three (3) years. However, in order to establish staggered terms, initially:

(a) One (1) representative selected by the Committee shall serve a one (1) year term,

(b) One (1) representative selected by the Committee shall serve a two (2) year term, and

(c) One (1) representative selected by the Committee shall serve a three (3) year term.

(d) Alternate selection panel members shall have three (3) year terms.

(3) The selection panel is responsible for reviewing all selection applications, formulating any interview questions to be asked, interviewing applicants, ranking the applicants, and submitting the recommendation package to the Division for final action. The selection panel shall observe the following elements in evaluating an applicant’s credentials:

(a) Each applicant shall take a test provided on a date and time specified by the Division. The test shall be proctored by a Division employee to ensure consistency in test taking procedures. The questions will be scaled such that an applicant can receive a total of forty (40) points.

(b) Each applicant will be subject to a performance review. Worth a maximum of twenty-five (25) points in the selection process, the performance review consists of the following:

1. A maximum of six (6) points are available as credit for experience, at the rate of .1 points per month under a L.O.F.A. No extra points are given for applicants holding a current L.O.F.A.

2. A maximum of ten (10) points are available for Division business consultant responses to a performance questionnaire. The questionnaire is to be completed by a Division business consultant and provided to the Division. For Vendors under a L.O.F.A. for the most recent thirty-six (36) consecutive months, the questions shall be equally weighted to allow for a maximum of ten (10) points. For a Vendor under a L.O.F.A. for less than the most recent thirty-six (36) consecutive months, the questionnaire score shall be pro-rated by the number of months under a L.O.F.A. divided by thirty-six (36). Vendors not currently under a L.O.F.A. are ineligible for consultant questionnaire points.

3. A maximum of nine (9) points are available for meeting the net profit margin percentages, as set forth in the L.O.F.A., during the most recent thirty-six (36) consecutive months. A maximum of three (3) points are available per twelve (12) month period. Net profit points will be pro-rated for Vendors with more than twelve (12) months but fewer than thirty-six (36) months duration under a L.O.F.A. or who have changed Vending facilities in the most recent twelve (12) consecutive months.

4. Applicants shall be penalized for the following incidents during the most recent thirty-six (36) consecutive months. A L.O.F.A. terminated for breach or abandonment during the thirty-six (36) month period results in a loss of any performance review points due for performance prior to the termination and a fifteen (15) point reduction in score. The fifteen (15) point reduction for termination may be avoided if the Blind licensee completes retraining required by the Division. Letters of sanction result in a five (5) point reduction in score for each letter received during the thirty-six (36) month period. Letters of warning result in a two (2) point reduction in score for each letter received during the thirty-six (36) month period. Late monthly business reports result in a loss of one (1) point per late business report during the thirty-six (36) month period.

(c) Applicants with the top five (5) combined testing and performance review scores, including ties, qualify for an interview with the selection panel. If the Vending facility in question is currently run under a Temporary L.O.F.A., the applicant who holds the Temporary L.O.F.A. is also automatically eligible to be interviewed. The interview and associated points are structured as follows:

1. Break the ice period: The selection panel will initiate the interview with general opening questions. There are no points for this portion of the interview.

2. Structured interview component: The selection panel will ask each applicant the same five (5) questions, determined prior to the first interview, and each panelist will rate the responses on a scale of 0 to 5. At the end of this portion of the interview each panelist’s scores are averaged and then all panelists’ averaged scores are added together. A maximum of twenty-five (25) points are available.

3. Interactive component: The applicant is given the opportunity to present the reasons they feel they are best suited to this Vending facility. Following the presentation the selection panel may ask questions of the applicant relating to the presentation or regarding any inconsistencies between Division documentation and the presentation. The selection panel is also permitted to question the applicant regarding past performance. Based on the presentation and the following discussion each panelist will rate the applicant from 0 to 10. These scores will be averaged for a maximum possible score of ten (10) points.

4. Distressed Vending facility points: A Vending facility may be determined to be distressed by the Division upon consideration of the following factors: a significant decrease in gross sales; a significant decrease in customer base; the condition of the equipment; and the overall condition of the Vending facility. If the applicant currently holds a Temporary L.O.F.A. in a Vending facility determined to be distressed by the Division and is applying for a Permanent L.O.F.A. in the same Vending facility, the applicant is eligible for up to five (5) points. The panelists will review Vending facility records and on a scale of 0 to 5 rate the improvement made by the applicant. The panelists’ scores will be averaged for a maximum possible score of five (5) points.

(4) Following the interview, the scores from the test, performance review, and interview are totaled. The selection panel reviews the total scores, prior performance, experience, and the type of Vending facility. The selection panel may recommend that the Vending facility be re-advertised or that one of the applicants who was interviewed be awarded the Vending facility. If the selection panel recommends an applicant without the highest score it must provide an explanation, in writing, to the Division. The selection panel will submit its recommendations, in writing, to the Division.

(5) The Division shall review the recommendation package to ensure all conditions described above are complied with prior to making the appointment. The Division shall make all appointments.

History

• Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.0045, Amended 8-24-16.

Fla. Admin. Code R. 6A-18.043 The State Committee of Vendors

(1) The Division shall establish a State Committee of Vendors. The committee shall be composed of one (1) representative and one (1) alternate from each vending facility district, and a chairperson and vice chairperson elected on a statewide basis by a majority vote of all Vendors. The districts shall be established to assure equitable representation of all Vendors in the program on the basis of such factors as geography and Vending facility type with the goal of providing for proportional representation of Vendors on federal, state, and private property.

(2) The State Committee of Vendors shall:

(a) Actively participate with the Division in major administrative decisions and policy and program development decisions affecting the overall administration of the Vending facility program;

(b) Receive and transmit to the Division grievances at the request of Vendors and serve as advocates for such Vendors in connection with such grievances;

(c) Actively participate with the Division in the development and administration of a system for the transfer and promotion of Vendors;

(d) Actively participate with the Division in the development of training and retraining programs for Vendors; and,

(e) Sponsor, with the assistance of the Division, meetings and instructional conferences for Vendors within the state.

(3) The Division shall provide for the biennial election of the members to the State Committee of Vendors. A committee member, the chairperson, and vice chairperson may serve more than one (1) term.

(4) The State Committee of Vendors shall meet not less than quarterly in a location agreed upon by the chairperson and the Division.

History

• Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 4-5-83, Amended 7-9-84, 11-5-85, Formerly 6A-18.09, 6A-18.009, Amended 10-20-98, Formerly 38K-1.009, Amended 8-24-16.

Fla. Admin. Code R. 6A-18.044 Licensed Operator Facility Agreement

(1) Each Vendor operating a Vending facility shall execute and maintain a L.O.F.A. with the Division.

(2) A Permanent L.O.F.A. is implemented for the operation of a Division Vending facility in perpetuity by a Vendor. It contains contractual obligations and expectations between the Vendor and the Division as well as the interactions of both with property owners. A Permanent L.O.F.A. is awarded through the selection process, except as provided by subsection 6A-18.0424(4), F.A.C.

(a) Blind licensees who fall into any of the following three (3) categories must sign a Permanent L.O.F.A. for a minimum contract period of twelve (12) months on their next Vending facility:

1. Blind licensees who have never operated a Vending facility under a Permanent L.O.F.A.

2. Blind licensees whose most recent Permanent or Temporary L.O.F.A. was cancelled for breach or abandonment.

3. Blind licensees who have not actively held either a Permanent or a Temporary L.O.F.A. within five (5) years immediately preceding the offer of the L.O.F.A. and who have successfully completed the required retraining in accordance with subsection 6A-18.042(5), F.A.C.

(b) An exception to subparagraph 6A-18.044(2)(a)1., F.A.C., exists for Blind licensees who have operated a Vending facility under a Temporary L.O.F.A. Blind licensees who have operated a Vending facility under a Temporary L.O.F.A. may sign a Permanent L.O.F.A. for less than twelve (12) months if they are awarded a Permanent L.O.F.A. at the Vending facility where they held the Temporary L.O.F.A. The twelve (12) months requirement shall be reduced by the number of months the Vendor held the Temporary L.O.F.A.

(3) A Temporary L.O.F.A. is identical to a Permanent L.O.F.A. except that it is time specific as to its duration and is not awarded in the selection process but rather by recommendation of a committee.

(a) The committee consists of:

1. A business consultant from a region other than where the vacancy has occurred;

2. A designee of the Division;

3. The chairperson of the Committee of Vendors or his or her designee.

(b) Temporary L.O.F.A. opportunities will be announced along with a deadline for applicants to respond. Following the response period the committee will interview applicants and make a recommendation to the Division.

(4) Blind licensees operating a temporarily closed Vending facility may apply for another Permanent facility and if awarded that facility, may sign a Temporary L.O.F.A. one time for the other Vending facility without losing their rights to the closed Vending facility. Upon notice of the reopen date for the closed Vending facility, the licensed operator has three (3) days to elect to return to the original Permanent L.O.F.A. Vending facility, when it reopens, or forfeit their rights to the original Vending facility and sign a Permanent L.O.F.A. for the Vending facility they currently operate under a Temporary L.O.F.A.

(5) The Division provides the initial working capital for each Vending facility in the form of inventory, cash, and coin necessary for conducting business. The total amount of initial working capital is entered on the L.O.F.A. Once initial working capital is supplied, it is the responsibility of the Vendor to maintain, at all times, a total inventory equal to the initial stock and/or cash value provided by the Division, less any amount repaid to the Division. The Blind licensee will not be allowed to apply for posted business opportunities, or enter into either a Permanent L.O.F.A. or a Temporary L.O.F.A. while there is an initial working capital balance from any past Vending facilities operated by the Blind licensee.

(6) The required Set-aside funds, which are paid monthly under both the Permanent L.O.F.A. and the Temporary L.O.F.A., are a percentage of the monthly Net proceeds of the Vending facility set by the Division after collaboration with the Committee of Vendors.

(7) Under both the Permanent L.O.F.A. and the Temporary L.O.F.A., the Vendor shall file a monthly report utilizing the on-line reporting system maintained by the Division, no later than the last calendar day of the following month. The Set-aside funds are due with the monthly report.

History

• Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.10, Amended 7-8-87, Formerly 6A-18.010, Amended 10-20-98, Formerly 38K-1.010, Amended 8-24-16, 8-27-24.

Fla. Admin. Code R. 6A-18.045 Newspaper Vending Sales

(1) General. The Division has the exclusive right to provide Vending facilities, including newspaper racks and newspaper vending machines, at interstate highway rest stops pursuant to 23 U.S.C. Section 111(c), 20 U.S.C. Section 107 et seq. and Section 413.051, F.S. The Division’s authority to approve the sale of newspapers and other information to the traveling public at highway rest areas is subject to an agreement with the Florida Department of Transportation. All regularly published newspapers shall have the opportunity to provide vending sales at interstate rest stops by permit subject to the conditions established in this rule.

(2) Conditions.

(a) The publisher or distributor will be responsible to provide a rack or vending machine of the type, style, and color normally used by the publisher or distributor that is stable, durable, and fastened to the ground.

(b) The rack or vending machine will be maintained, repaired, operated and cleaned by the publisher or its agent. The rack or vending machine will be new or in like-new condition when placed into use in the rest area.

(c) When necessary for stability, the publisher or distributor will provide a concrete reinforced pad on which to place the newspaper vending machines. The placement of the rack or vending machine will be in an area agreed upon by the Department of Transportation and the Division. The placement must not create a safety hazard or interfere physically with access to other rest area facilities or vending machines. Publishers and distributors agree to maintain the newspaper vending machines in working order and remove any refuse created by the use of the vending machine.

(d) The publisher or distributor shall provide continuous availability of its current issue to the public.

(e) The publisher or distributor shall indemnify and hold harmless the Division and the State of Florida against any claims arising out of negligence in the presence and/or operation of the rack or vending machine provided. All contracts for vending services at rest stops entered into after the effective date of this rule will require this same indemnification.

(3) Compensation. The publisher or distributor will be required to compensate the division at the rate of ten (10) dollars annual administrative fee per newspaper rack. The Department reserves the right to monitor the service being provided and inspect the condition, cleanliness of equipment and other matters related to the operation of the applicant’s newspaper vending on the interstate.

(4) Application and permit procedures.

(a) Publishers or distributors wishing to dispense newspapers on the interstate highway shall, by letter, prepare an application for permit to dispense newspapers, and mail the application to the Division of Blind Services, 325 West Gaines Street, Suite 1114, Tallahassee, Florida 32399-0400.

(b) The application letter shall include: the locations desired, the newspapers to be sold, and proposed timing of the installations. If the Division fails to notify the publisher or distributor within ten (10) business days of receipt of the application, the application will be deemed approved.

(c) Transfer of newspaper racks from one location to another may be accomplished at the request of the publisher or distributor depending upon the availability of space.

(5) Termination of permit.

(a) Either the newspaper publisher or distributor or the Division may terminate a permit entered into under this rule, by giving thirty (30) calendar days written notice. If the permit is to be terminated by the Division, written notice with reasons for the termination will be given to the newspaper publisher or distributor. The Division may only terminate a permit if the requirements of paragraphs (2)(a)-(d) of this rule are not met or if a safety hazard is created and not remedied by a publisher or distributor, or if the licensing fee is not paid.

(b) The written notice shall also provide the publisher or distributor with thirty (30) calendar days to institute corrective action. If the Division determines that the publisher or distributor has failed to institute corrective action within the time allowed in the written notice, it shall notify the publisher or distributor in writing and direct the publisher or distributor to remove the rack(s) or vending machine(s) in question within ten (10) calendar days. If, during these final ten (10) days the publisher or distributor files a request for administrative hearing pursuant to Chapter 120, F.S., the racks or vending machines that are the subject of the dispute will not be removed until after a final order is issued. If the publisher or distributor fails to remove racks or vending machines, the Division may remove the rack(s) or vending machine(s) without further notice. The notice that the corrective action has not been taken or is not adequate shall be considered final agency action for the purposes of Section 120.569, F.S.

(6) Pursuant to Section 120.695, F.S., the Division has designated the first violation of subsection 6A-18.045(2), F.A.C., as a minor violation for which the Division shall issue a Notice of Noncompliance, allowing the vendor fifteen (15) days to correct the minor violation prior to application of other appropriate discipline.

History

• Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 3-1-93, Formerly 6A-18.012, 38K-1.012, Amended 8-24-16, 10-18-18.

Fla. Admin. Code R. 6A-18.046 Incorporation by Reference

The below listed documents are incorporated by reference, and may be obtained from the Division of Blind Services, 325 West Gaines Street, Suite 1114, Tallahassee, Florida 32300-0400. The documents may be found online at https://dbs.fldoe.org.

(1) Application for the Vending Facility Training Program, Form DBS-BEP 005 (effective August 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16850);

(2) Business Opportunity Application, Form DBS-BEP 007 (effective August 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16851);

(3) Facility Vendor’s Monthly Business Report, Form DBS-BEP 700e (effective August 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16852);

(4) The Licensed Operator Facility Agreement, Form DBS-BEP 730 (effective August 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16853);

(5) Consultant Questionnaire, Form DBS-BEP 016 (effective August 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16854);

(6) DBS Career, Technology and Training Center for the Blind and Visually Impaired Student Handbook (http://www.flrules.org/Gateway/reference.asp?No=Ref-16365) (effective February 2024);

(7) DBS Career, Technology, and Training Center Residential Life Handbook (http://www.flrules.org/Gateway/reference.asp?No=Ref-16366) (effective February 2024);

(8) Business Enterprise Program Policy and Procedures Manual (http://www.flrules.org/Gateway/reference.asp?No=Ref-16855) (effective August 2024); and

(9) DBS Vocational Rehabilitation Program Manual (http://www.flrules.org/Gateway/reference.asp?No=Ref-17273) (effective December 2024).

PART II GENERAL ADMINISTRATION

History

• Rulemaking Authority 413.011(3)(l), 413.051(12) FS. Law Implemented 413.011(3)(f), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.013, Amended 8-24-16, 2-20-24, 8-27-24, 12-24-24.

Fla. Admin. Code R. 6A-18.047 Forms and Instructions

Forms and instructions used by the Division of Blind Services, Department of Labor and Employment Security, in its dealings with the public are prescribed and listed below. These forms and instructions are hereby incorporated and made a part of this rule. A copy of any form may be obtained without cost upon request to the Division of Blind Services, Department of Labor and Employment Security, 2540 Executive Center Circle, West, Suite 203, Tallahassee, FL 32399-2950. When requesting a specific form, reference should be made to the form number and title.

DBS-001 (7/81)

Referral and Application for Services (Section 413.011, F.S.)

DBS-002 (7/81)

Application for Identification Card (Section 413.091, F.S.)

DBS-003 (7/81)

Physician’s Report on Eye Condition (Section 413.011, F.S.)

DBS-004 (7/81)

General Medical Examination Report (Section 413.011, F.S.)

DBS-005 (7/81)

Case Summary For Medical Consultant (Section 413.011, F.S.)

DBS-006 (7/81)

Final Report on Result of Operation Sight Restoration or Prevention of Blindness (Section 413.011, F.S.)

DBS-007 (8/81)

Application for Services Based on Economic Need (Section 413.011, F.S.)

DBS-008 (7/81)

Referral to Rehabilitation Facility (Section 413.011, F.S.)

DBS-009 (7/81)

Dental Examination Report (Section 413.011, F.S.)

DBS-010 (7/81)

Referral to Eye Clinic (Section 413.011, F.S.)

DBS-011 (7/81)

Client Transportation (Section 413.011, F.S.)

DBS-016 (8/81)

Invoice for Glasses (Section 413.011, F.S.)

DBS-017 (11/81)

Consent for Release of Information (Section 413.011, F.S.)

DBS-022 (4/82)

Facility Expenditure Report (Section 413.011, F.S.)

DBS-023 (4/82)

Facility Utilization Report (Section 413.011, F.S.)

DBS-100 (12/81)

Authorization and Billing Invoice (Client Services Vocational Rehabilitation Program) (Section 413.011, F.S.)

DBS-101 (7/81)

Individualized Written Rehabilitation Program (Section 413.011, F.S.)

DBS-101a (7/81)

Individualized Written Rehabilitation Program – Service Agreement (Section 413.011, F.S.)

DBS-103 (5/82)

Referral for Vocational Rehabilitation (Section 413.011, F.S.)

DBS-104 (7/81)

Client Service Log (Section 413.011, F.S.)

DBS-106 (12/81)

Training Progress Report (Section 413.011, F.S.)

DBS-107 (7/81)

Maintenance Invoice (Section 413.011, F.S.)

DBS-108 (8/82)

Client Equipment Receipt & Inventory Record (Section 413.011, F.S.)

DBS-200 (12/81)

Authorization and Billing Invoice (Client Services Medical and Social Services Program) (Section 413.011, F.S.)

DBS-201 (7/81)

Medical and Social Services Rehabilitation Plan (Section 413.011, F.S.)

DBS-203 (7/81)

Application for Preschool Program (Section 413.011, F.S.)

DBS-210 (7/81)

Title XX – Right to Appeal (Section 413.011, F.S.)

DBS-501 (3/83)

Notice of Appointment (Section 413.011, F.S.)

DBS-502 (3/83)

Certification of Legal Blindness Notice (Section 413.011, F.S.)

DBS-503 (3/83)

Notice of Missed Appointment (Section 413.011, F.S.)

DBS-701 (10/81)

Monthly Supervision Report (Section 413.051, F.S.)

DBS-703 (10/81)

Employee Personal Data (Section 413.051, F.S.)

DBS-704 (10/81)

Drivers License (Turn-in) Form (Section 413.011, F.S.)

DBS-706 (10/81)

Statement of Written Guidelines (Section 413.051, F.S.)

DBS-710 (10/81)

Petty Cash Receipt (Section 413.051, F.S.)

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1)(b), 229.053(1), 413.011(1)(m) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1)(b), 413.011, 413.051, 413.091 FS. History–New 6-28-83, Formerly 6A-18.15, 6A-18.015, 38K-1.015.

Fla. Admin. Code R. 6A-18.048 Solicitation of Funds for Blind Persons

Cf. DBS-031, Application for Permit to Solicit for the Benefit of Blind Persons.

PART III VOCATIONAL REHABILITATION PROGRAM

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1)(a), 229.053(1), 413.066 FS. Law Implemented 20.05(1), 413.066 FS. History–New 6-2-85, Formerly 6A-18.23, 6A-18.023, 38K-1.023, Repealed 4-25-17.

Fla. Admin. Code R. 6A-18.049 General Description of Services and Procedures

The nature and extent of services needed to assist a client towards suitable employment vary with the individual’s circumstances.

(1) When an individual applies to the Division for vocational rehabilitation services, eligibility shall be determined in accordance with Rule 6A-18.050, F.A.C.

(2) The individual shall be eligible for those services needed to determine employability and reach an appropriate vocational goal.

(3) The Division may either purchase needed vocational rehabilitation services or assist the individual in obtaining them from other programs or agencies.

(4) As necessary and appropriate to meet the needs of the individual, the Division shall make the following services available to eligible clients:

(a) Evaluation of employment potential in accordance with subsection 6A-18.050(2), F.A.C.;

(b) Counseling and guidance;

(c) Referral to other community agencies;

(d) Medical treatment and related services;

(e) Vocational and other training services, including personal adjustment training;

(f) Reader and interpreter services;

(g) Orientation and mobility training;

(h) Transportation needed to participate in vocational rehabilitation services, including relocation for employment;

(i) Financial aid to meet normal living requirements while in training, treatment, or other program of services;

(j) Technological aids or equipment;

(k) Placement in appropriate employment;

(l) Post-employment services necessary to maintain suitable employment;

(m) Services to members of a client’s family group when necessary to the vocational rehabilitation of the client.

(5) The Division shall provide licenses, tools, equipment, initial stocks and supplies for self-employment in an owner-operated small business when the following conditions are met:

(a) The client has the abilities and aptitudes required for the management and operation of the business;

(b) The client has had successful business management experience or training, and has knowledge of purchasing, marketing, and aspects of the particular business chosen, including licensing, insurance, taxes, and relevant legal requirements;

(c) The client’s own financial resources and funding available from other sources are utilized to the maximum extent possible;

(d) A prospectus for the proposed business enterprise is prepared by the client with assistance and guidance of the counselor and submitted to the program director for approval. This prospectus shall cover the various facets of the business, including but not limited to, suppliers, licensing and other legal requirements, needed stock and equipment, market for the products, foreseeable operating costs, a time frame for start-up assistance from the Division, and anticipated profits;

1. When assistance from the Division is expected to be ten thousand (10,000) dollars or more, the counselor and client shall select a committee of persons competent to assess the local market, financing, location, and factors likely to impact on the success of the business. This committee shall review the prospectus and other information. It shall meet with the client, counselor, and program director or designee to determine the feasibility of a successful business operation;

2. When the committee makes a negative recommendation, the Division shall give no further consideration to providing financial assistance for the establishment of the business but shall assist the client in selecting and preparing for an alternate vocational goal. When the recommendation is positive, a statement shall be prepared detailing the need for initial stock and equipment, financial accounting, and other services deemed necessary to supplement the resources available for successful operation of the business.

(e) When an owner-operated small business is deemed to be an appropriate vocational goal, the completed rehabilitation plan must be submitted to the program director for review and approval before any commitments are made to the client or vendors.

(6) The Divisions’s financial contribution to the establishment of a small business shall be limited to funds available and the need to serve all clients equitably.

(7) A client shall be deemed to be rehabilitated, after an appropriate stabilization period, when a vocational rehabilitation goal suitable to the individual’s physical and mental abilities and limitations and other personal circumstances has been achieved.

History

• Rulemaking Authority 413.011(3)(l), (x), 1001.02 FS. Law Implemented 413.011(3)(b) FS. History–New 2-13-84, Formerly 6A-18.33, 6A-18.033, 38K-1.033, Amended 8-20-17.

Fla. Admin. Code R. 6A-18.050 Eligibility Determination

(1) All vocational rehabilitation services provided by the Division are contingent on the availability of funds and the following eligibility criteria:

(a) A vision loss of such severity that the individual is blind or threatened with blindness which shall be documented by an eye examination report that includes the diagnosis, etiology, visual acuity including refraction, a description of visual field, prognosis, recommendation, and such other information as may be pertinent to the individual case;

(b) Limitations on the person’s ability to function, as a result of the vision loss, which seriously impede obtaining, retaining, or preparing for employment consistent with the person’s abilities, skills, general health status, education, and vocational background;

(c) A reasonable expectation that vocational rehabilitation services will enable the individual to engage in suitable employment.

(2) If the vision loss is as defined in paragraph 6A-18.050(1)(a), F.A.C., the Division shall acquire such additional information as may be needed to determine the applicant’s eligibility for vocational rehabilitation and to plan services. Such information shall be adequate to:

(a) Establish that the vision loss limits the person’s activities;

(b) Evaluate the current health status of the person to determine capabilities and limitations;

(c) Support the choice of a vocational goal;

(d) Determine the vocational rehabilitation services needed to attain the goal;

(e) Determine how and to what extent disabling conditions may be removed, corrected, or minimized by physical restoration services.

(3) The agency shall procure examinations by specialists when these are needed to determine eligibility, to assess rehabilitation potential, to plan services, or select a vocational objective.

(4) In any case where eye pathological information is needed, a specialty examination by a physician skilled in diseases of the eye shall be obtained.

(5) Psychiatric evaluations, psychological evaluations and other specialty examinations shall be obtained as circumstances indicate necessary to determine the nature and extent of functional limitations and the likelihood that vocational rehabilitation services will assist the individual towards employment.

(6) The counselor shall determine eligibility for vocational rehabilitation services based on the information and inform the applicant.

(7) When it cannot be determined that vocational rehabilitation services are likely to help the individual to reach an employment objective, the counselor shall complete a statement of eligibility for an extended evaluation of employability. The applicant shall be informed and a plan developed for training, treatment, or other services needed to make this determination within a time period which may not exceed eighteen (18) months.

(8) When a person is found to be ineligible by the counselor, a statement of ineligibility shall specify eligibility requirements which are not met.

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1), 413.021, 413.031 FS. History–New 2-13-84, Formerly 6A-18.35, 6A-18.035, Transferred to 38K-1.035.

Fla. Admin. Code R. 6A-18.051 Economic Need Policies

To ensure that individuals participate as much as possible in the cost of their vocational rehabilitation, the Division shall consider the resources available to the individual and the family for rehabilitation purposes.

(1) The Division shall ensure that similar benefits from other programs or agencies are utilized before using vocational rehabilitation funds to pay for such services, provided that use of such benefits does not delay or hamper the person’s rehabilitation.

(2) Services that may be provided as needed without consideration of family income are:

(a) Diagnostic services to determine the individual’s abilities and limitations;

(b) Counseling and guidance;

(c) Tuition or fees for vocational training, except that other sources of grants or scholarship funds must be used first for training in universities, colleges, technical, or vocational schools. If a client chooses to attend a nonpublic or out-of-state institution, the maximum tuition payable by the Division shall be equal to the fees for Florida residents at State universities or community colleges;

(d) Reader services and interpreter services for deaf-blind;

(e) Orientation and mobility training;

(f) Rehabilitation teacher services;

(g) Placement in suitable employment and follow-up on job performance.

(3) Before providing additional services, the Division shall take into consideration the income and financial resources of the individual and the family as well as availability of similar benefits. These additional services are:

(a) Treatment for physical or mental disabilities, including surgery, hospitalization, medications, prostheses, and other treatment-related services;

(b) Transportation;

(c) Financial assistance to meet minimum living requirements if necessary to enable the client to participate in vocational rehabilitation services;

(d) Books, training materials, equipment, and technological aids for training or employment;

(e) Occupational licenses, tools, equipment, supplies, and initial stock needed for self-employment or a business;

(f) Services to members of the client’s family when necessary to the individual’s vocational rehabilitation;

(g) Other goods and services required for the individual’s rehabilitation except those listed in subsection 6A-18.051(2), F.A.C.

(4) Eligibility for these additional services shall be established as follows:

(a) The client shall complete the Application for Services Based on Economic Need (DBS-007) showing income from all sources for the family group and any other resources available for rehabilitation services;

(b) If the gross monthly income is below the normal living requirements for the number of persons in the family group, the individual is eligible for these additional services;

(c) If the gross monthly income is above the normal living requirements, the individual will not be eligible for these services unless there are unusual circumstances which would make it impossible to provide or obtain the needed services. In such cases, the counselor shall document these unusual financial circumstances and request an exception which must be approved by the program director or designee before the services may be purchased.

(5) Equitable application of standard. Counselors will be provided with training and supervision in obtaining financial information, the dollar amounts for measuring normal living requirements, and instructions for giving consideration to unusual circumstances. These instructions and procedures shall provide for equitable treatment of all clients.

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS., 34 C.F.R., Part 361.47. History–New 2-13-84, Formerly 6A-18.36, 6A-18.036, Transferred to 38K-1.036.

Fla. Admin. Code R. 6A-18.052 The Individualized Plan for Vocational Rehabilitation

(1) For each person determined eligible for vocational rehabilitation services or for an extended evaluation of employability, the counselor shall, with the cooperation of the individual, develop a written plan of vocational rehabilitation services.

(2) The written plan shall be approved by the program director or designee.

(3) As a basis for this plan, each case record must include at least the following:

(a) Medical reports and other data to support the determination of eligibility;

(b) Information on the client’s financial resources if services based on economic need are to be provided by the Division;

(c) Records of medical examination, medical consultation and other data to indicate that medical treatment or any therapeutic services are needed and may be expected to improve the person’s ability to function;

(d) Transcripts, test scores, or other evidence of intellectual functioning and academic skills if training at a college or university is to be provided;

(e) Sufficient information concerning the client’s ability to function physically, mentally, and socially to justify the selection of a vocational goal commensurate with abilities and limitations;

(f) Information concerning the availability of needed services from other programs or agencies.

(4) Each individual plan shall include:

(a) The vocational goal or a tentative career field if the ultimate objective cannot be specified at that time;

(b) Services which the counselor and client deem reasonable and necessary to reach the vocational goal;

(c) The estimated cost of services to be provided by the Division;

(d) The client’s participation in providing necessary services or obtaining them from other sources;

(e) Estimated time for completion of services. For extended evaluation of employability, this may not exceed eighteen (18) months.

(5) The Division has the responsibility for the evaluation of the individual’s progress towards rehabilitation and shall secure pertinent reports from professional personnel or agencies providing vocational rehabilitation services as a basis for evaluating the client’s progress or for determining the need for revision of the rehabilitation plan; from training facilities, where appropriate; from the client and any other sources determined by the Division to be able to contribute to such an evaluation when and where available.

(6) An individual’s vocational rehabilitation plan shall be revised or terminated with participation of the client when it becomes evident that:

(a) The client undergoing extended evaluation of employability is determined not to be eligible;

(b) The client’s vocational rehabilitation has been accomplished;

(c) The client’s needs have changed;

(d) The client has refused services or is unavailable for services;

(e) The client is not progressing towards the chosen vocational goal.

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS. History–New 2-13-84, Formerly 6A-18.37, 6A-18.037, Transferred to 38K-1.037.

Fla. Admin. Code R. 6A-18.053 Determination That a Client Has Been Rehabilitated

History

• Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS. History–New 2-13-84, Formerly 6A-18.39, 6A-18.039, 38K-1.039, Repealed 8-20-17.

Fla. Admin. Code R. 6A-18.062 Definitions

History

• Rulemaking Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011, 413.012, 413.032 FS. History–New 6-2-85, Formerly 6A-18.62, Transferred to 38K-1.062.

Fla. Admin. Code R. 6A-18.063 Description of Services Provided by the Medical and Social Services Program

History

• Rulemaking Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011 FS. History–New 6-2-85, Formerly 6A-18.63, Transferred to 38K-1.063.

Fla. Admin. Code R. 6A-18.064 Referrals and Applicants to the Medical and Social Services Program

History

• Rulemaking Authority 20.05(1), 20.15(1)(a), 120.53(1) FS. Law Implemented 413.011 FS. History–New 6-2-85, Formerly 6A-18.64, Amended 7-5-88, Transferred to 38K-1.064.

Fla. Admin. Code R. 6A-18.065 Eligibility Determination for the Medical and Social Services Program

History

• Rulemaking Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011, 413.021, 413.032 FS. History–New 6-2-85, Formerly 6A-18.65, Transferred to 38K-1.065.

Fla. Admin. Code R. 6A-18.066 Economic Need Policies of the Medical and Social Services Program

History

• Rulemaking Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011, 413.032 FS. History–New 6-2-85, Formerly 6A-18.66, Transferred to 38K-1.066.

Fla. Admin. Code R. 6A-18.067 The Individualized Plan for Medical and Social Rehabilitation

History

• Rulemaking Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011, 413.032 FS. History–New 6-2-85, Formerly 6A-18.67, Transferred to 38K-1.067.

Fla. Admin. Code R. 6A-18.068 Standards and Fees for Medical and Social Services Program

History

• Rulemaking Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011 FS. History–New 6-2-85, Formerly 6A-18.68, Transferred to 38K-1.068.

Chapter 6A-19 EDUCATIONAL EQUITY

Fla. Admin. Code R. 6A-19.001 Scope, Coverage and Definitions

Chapter 6A-19, F.A.C., implements Section 1000.05, F.S., which prohibits discrimination on the basis of race, sex, national origin, marital status or handicap against a student or employee in the state system of public education, as defined in Section 1000.05(1), F.S. The following definitions shall apply:

(1) Activity. Any organized academic, vocational, athletic, co-curricular or extracurricular pursuit, undertaking or assignment conducted under the authority or direction of an institution within the state system of public education.

(2) Admission. Selection for part-time, full-time, special, associate, transfer, exchange or any other enrollment, participation or matriculation, in or at, an education program or activity conducted under the authority or direction of an institution within the state system of public education.

(3) Department. Florida Department of Education.

(4) Discrimination.

(a) Discrimination shall include:

1. Limiting, segregating or classifying students, employees, applicants for admission, or applicants for employment, in such a way as to deprive individuals of educational or employment opportunities or otherwise adversely affect individuals because of their race, sex, national origin, marital status or handicap;

2. Denying educational or employment opportunities to individuals because of their race, sex, national origin, marital status or handicap;

3. Providing unequal educational or employment opportunities to individuals because of their race, sex, national origin, marital status or handicap;

4. Providing unnecessarily separate educational programs or activities for individuals because of their race, sex, national origin, marital status or handicap;

5. Entering into contractual or other arrangements which utilize criteria or administrative methods which have the effect of subjecting individuals to discrimination or which otherwise adversely affect individuals because of their race, sex, national origin, marital status or handicap;

6. The application of any policy or procedure, or taking of any admission or employment action, that adversely affects a qualified handicapped person as a student, employee, applicant for admission, applicant for employment, a group of students, or a group of employees based on their handicap;

7. The application of any policy or procedure, or taking of any admission or employment action concerning the potential or actual marital status of a student, employee or applicant for admission or employment that adversely affects a student, employee, applicant for admission, applicant for employment, a group of students or a group of employees on the basis of potential or actual marital status, or on the basis of head of household or principal wage earner status; however, reasonable practices prohibiting nepotism shall not constitute marital status discrimination;

8. The application of any policy or procedure, or taking of any admission or employment action, that adversely affects a student, employee, applicant for admission, applicant for employment, a group of students, or a group of employees based on ancestry or place of birth or of cultural, or linguistic characteristics of a national origin group;

9. The application of any policy or procedure, or taking of an admission action, that adversely affects a student, or applicant for admission, belonging to a national origin minority group, unnecessarily based on limited-English-language skills;

10. The application of any policy or procedure, or taking of any admission or employment action, that adversely affects a student, employee, applicant for admission, applicant for employment, a group of students, or a group of employees based on their race/ethnic category;

11. The application of any policy or procedure, or taking of any admission or employment action, that adversely affects a student, employee, applicant for admission, applicant for employment, a group of students, or a group of employees based on their gender.

(b) Any policy or procedure, or any admission or employment action, which can be shown to be predictive of, or significantly correlated with, essential elements of work behavior or program participation shall not constitute discrimination. See subsections 6A-19.002(2) and 6A-19.009(8), F.A.C.

(c) Efforts or measures developed by institutions to correct patterns of segregation, patterns of nonparticipation or underrepresentation among a race, sex, marital status, national origin or handicap group shall not constitute discrimination. Quotas, however, shall not be used.

(5) Disproportionate Enrollment. The actual enrollment of students of a particular race, sex, national origin or handicap differs from the appropriate pool of potential students, as determined by the governing board, by race, sex, national origin or handicap by more than two standard deviations.

(6) Handicapped Person. Any person who has a physical or mental impairment which substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment.

(a) Physical or mental impairment.

1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or

2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(b) Major life activities. Functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(c) Has a record of such an impairment. Has a history of, or has been incorrectly classified as having, a mental or physical impairment that substantially limits one or more major life activities.

(d) Is regarded as having an impairment.

1. Has a physical or mental impairment that does not substantially limit major life activities but that is treated by an institution as constituting such a limitation;

2. Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others and, therefore, is treated by an institution as having such an impairment.

(7) Institution. An individual school, as defined in Section 1000.05(4), F.S., or the school district, as the context may require; a community college; a university or any other state-supported entity primarily of an educational nature, e.g., the Florida School for the Deaf and the Blind.

(8) Minority. Any individual belonging to one of the following race/ethnic categories: Black, Not of Hispanic Origin; Hispanic; Asian or Pacific Islander; American Indian or Alaska Native.

(9) Office of Equity and Access. The Department of Education work unit, otherwise known as the Office of Equity and Access, specifically designated to administer the Department’s implementation activities as defined in Section 1000.05(6), F.S., except to the extent those duties may be delegated by the Commissioner of Education to the Chancellor of the State University System pursuant to Section 1000.05, F.S.

(10) Qualified Handicapped Person.

(a) With respect to employment, a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in question;

(b) With respect to public preschool, elementary, secondary or adult programs, services and activities, a handicapped person of an age during which nonhandicapped persons are provided services, or of any age during which it is mandatory under federal or Florida law to provide services to handicapped persons;

(c) With respect to postsecondary programs, services and activities, a handicapped person who meets the academic and nonacademic admissions criteria requisite to participation.

(11) Race/Ethnic Categories. A person may be included in the race/ethnic group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. No person shall be included in more than one race/ethnic group. The race/ethnic categories to be used are:

(a) White, Not of Hispanic Origin – All persons having origins in any of the original peoples of Europe, North Africa or the Middle East.

(b) Black, Not of Hispanic Origin – All persons having origins in any of the Black racial groups of Africa.

(c) Hispanic – All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.

(d) Asian or Pacific Islander – All persons having origins in any of the original people of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands.

(e) American Indian or Alaska Native – All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition.

(12) Reasonable Accommodation. Changes in the work environment which allow a qualified handicapped employee to perform the essential tasks of the job if making those changes does not impose an undue hardship on the operation of the institution. Reasonable accommodation may include: making facilities used by employees readily accessible to and usable by handicapped persons, job structuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar actions. In determining whether an accommodation would impose an undue hardship on the operation of an institution’s program, factors to be considered include: the overall size of the institution with respect to number of employees, number and type of facilities, and size of budget; the type of operation, including the composition and structure of the workforce; and the nature and cost of the accommodation needed.

(13) Selection Criteria. Any measure, combination of measures, or procedure used as a basis for any decision on eligibility for admission, for participation in programs, services or activities, or for employment and promotion. Selection criteria include the full range of assessment techniques including course grades; performance tests; paper and pencil tests; training programs; probationary periods; physical, education and work experience requirements; formal or informal interviews; evaluation by prior teachers or employers; and scored or unscored applications.

(14) Student. Any person who is enrolled in any instructional program or activity conducted under the authority or direction of an institution which is a part of the state system of public education.

History

• Rulemaking Authority 1000.05(5), 1001.02 FS. Law Implemented 1000.05, 1001.02(1) FS. History–New 4-17-85, Formerly 6A-19.01.

Fla. Admin. Code R. 6A-19.002 Treatment of Students ‒ General

All guidance, counseling, financial assistance, academic, career and vocational programs, services and activities offered by each institution shall be offered without regard to race, sex, national origin, marital status or handicap. There shall be no discrimination in recreational, athletic, co-curricular or extracurricular activities.

(1) Guidance and Counseling. Each institution shall assure that, in guidance and counseling practices, there is no discrimination on the basis of race, sex, national origin, marital status or handicap. Factors of race, sex, national origin, marital status or handicap shall not be used to encourage or discourage a student’s enrollment in a particular program or participation in a particular activity or to measure or predict a student’s prospects for success in any career, occupation, program, course or activity.

(a) If particular programs or disciplines have disproportionate enrollments of male or female students, minority or nonminority students, or handicapped students, the institution shall examine its policies, procedures and practices to determine whether the disproportion is the result of discriminatory counseling activities.

(b) Qualified handicapped students shall not be counseled toward more restrictive career or academic objectives than nonhandicapped students with similar abilities and interest. This requirement does not preclude the providing of factual information, at the postsecondary level, about licensing or certification requirements that may present obstacles to handicapped persons in their pursuit of particular careers.

(c) Counselors shall communicate with national origin minority students having limited-English-language skills and with students having hearing impairments. This requirement may be satisfied by having interpreters available.

(d) Counseling materials and other publications used by the institution shall not state or imply through text or illustration, that applicants, students or employees are treated differently on the basis of race, sex, national origin, marital status or handicap. This does not prohibit the inclusion of information designed to meet the needs of national origin minority students with limited-English-language skills, handicapped students needing special services or as may be appropriate for affirmative action purposes.

(e) Appraisal instruments selected by the institution shall not discriminate based on race, sex, national origin, marital status or handicap. Counseling tests and instruments, which result in disproportionate enrollment in any course or program, shall be examined by the institution for discrimination in the instrument or in its application. Institutions are not required to conduct additional examination of state-required instruments.

(f) Institutions which use testing or other materials for appraising or counseling students shall not use different materials for students on the basis of sex or use materials which permit or require different treatment of students on this basis unless these different materials cover the same occupations and interest areas and the use of these different materials is shown to be essential to eliminate sex bias.

(g) Promotional efforts, including activities of school officials, counselors, instructional staff, school-related parent groups, school-related community or business groups, shall not be conducted in a manner that states or implies that the institution restricts access to its programs, activities or services on the basis of race, sex, national origin, marital status or handicap. Promotional efforts include, but are not limited to, career awareness activities, open houses, parent programs, shop and laboratory demonstrations, student visitations and summer camps.

(h) Promotional or counseling materials and activities shall not state or imply, through text or illustration, that access to those programs, services or activities is restricted on the basis of race, sex, national origin, marital status or handicap.

(i) Student recruitment activities shall be conducted so as not to exclude or limit opportunities on the basis of race, sex, national origin, marital status or handicap.

(2) Admission to Courses, Programs and Activities. Institutions shall not base admission decisions on race, sex, national origin, marital status or handicap. Special selection criteria for admission within the institution for participation in programs or courses shall be related to program standards or requirements. If it has been empirically demonstrated that a selection criterion which has an adverse impact is predictive of success during the program, course or activity, and that there has been a reasonable search for equally valid criteria which do not have a disproportionate adverse impact, or if the criterion is required by law, then the criterion shall not be considered discriminatory. Selection criteria for admission, which are in use on the effective date of this rule, shall not be considered discriminatory if demonstrated to be predictive of success within one year from the effective date of this rule.

(a) Race or National Origin. No person, on the basis of race or national origin, shall be excluded from participation in, denied benefits of, or subjected to discrimination in any course, program, service or activity operated under the authority or direction of an institution within the state system of public education.

1. Institutions shall not unnecessarily restrict admission to vocational, career or academic programs solely because the applicant, as a member of a national origin minority with limited-English-language skills, cannot participate in and benefit from instruction to the same extent as a student whose primary language is English, except as provided in subsection 6A-19.002(2), F.A.C.

2. If there is a concentration of national origin minority students with limited-English-language skills, as determined by the institution, in particular programs, services or activities, then the institution shall examine its policies, procedures and practices to determine whether the concentration is the result of discrimination at the institution.

(b) Sex or Marital Status. No person, on the basis of sex or marital status, shall be excluded from participation in, denied benefits of, or subjected to discrimination under any course, program, service or activity operated under the authority or direction of an institution within the state system of public education.

1. Preference shall not be given to one person over another on the basis of sex by establishing numerical limitations of the number or proportion of persons of either sex. Exempt from this provision are membership practices of YMCA, YWCA, YMHA, YWHA, Girl Scouts, Boy Scouts, Camp Fire Girls, social fraternities and social sororities at institutions of higher education, and the membership practices of voluntary youth service organizations whose membership has traditionally been limited to persons of one sex and principally to persons of less than 19 years of age.

2. Students shall not receive different treatment based on their parental, family or marital status. Students shall not be excluded from any course, program, service or activity because of pregnancy, parental, family or marital status.

3. Participation in any separate program of instruction for pregnant students shall be voluntary on the part of the student. Any such separate program of instruction provided to pregnant students shall be comparable to the regular program of instruction and in no way limit the student’s academic, career, vocational or extracurricular options.

4. Pregnancy and childbirth shall be treated in the same manner as temporary disabilities with respect to, but not limited to, requirements for a physician’s certificate to return to the institution, medical and hospital benefits, or policies and procedures of the institution.

5. In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, no preadmission inquiry as to the marital or family status of an applicant for admission, including number of dependents and whether such applicant is “Miss” or “Mrs.”, shall be made.

6. In determining whether a person satisfies any policy or criterion for admission, no rules shall be applied concerning the actual or potential parental, family or marital status of a student or applicant.

(c) Handicap. No qualified handicapped person shall be excluded from participation in, denied benefits of, or subjected to discrimination under any course, program, service or activity, operated under the authority or direction of an institution within the state system of public education solely on the basis of handicap. Each program, service and activity shall be operated so that the program, service or activity, when viewed in its entirety, is readily accessible to handicapped persons.

1. Qualified handicapped persons shall not be denied access to vocational, career or academic programs, courses, services or activities because of architectural or equipment barriers, or because of the need for auxiliary aids or related aids and services. Auxiliary aids may include taped texts, interpreters or other effective methods of making orally delivered materials available to students with hearing impairments, classroom equipment adapted for use by students with manual impairments, and other similar services and actions. Institutions need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.

2. Access to vocational and academic programs or courses shall not be denied to qualified handicapped students on the basis that employment opportunities in any occupation or profession may be more limited for handicapped persons than for nonhandicapped persons.

3. In administering admissions policies, each institution shall assure that admissions tests are selected and administered so as best to ensure that, when a test is administered to an applicant who has a handicap that impairs sensory, manual or speaking skills, the test results accurately reflect the applicant’s aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the applicant’s impaired sensory, manual or speaking skills, except where those skills are the factors that the test purports to measure. Admissions tests that are designed for persons with impaired sensory, manual or speaking skills shall be offered as often, and in as timely a manner, as are other admissions tests. Admissions tests shall be administered in facilities that, on the whole, are accessible to handicapped persons.

4. Institutions shall make such modifications to its academic requirements as are necessary to ensure that they do not discriminate or have the effect of discriminating, on the basis of handicap, against a qualified handicapped applicant or student. Academic requirements that the recipient can demonstrate are essential to the program of instruction being pursued by the student, or to any directly related licensing requirement, will not be regarded as discriminatory. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted.

5. Institutions shall not impose upon handicapped students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus buildings, that have the effect of limiting the participation of handicapped students in the institution’s education program or activity.

6. In course or program examinations, or other procedures for evaluating students’ academic achievement in its program, the institution shall provide methods for evaluating the achievement of students who have a handicap that impairs sensory, manual or speaking skills which will ensure that the results of the evaluation represents the student’s achievement in the course or program, rather than reflecting the student’s impaired sensory, manual or speaking skills, except where those skills are the factors that the test purports to measure.

7. A postsecondary institution shall not make preadmission inquiry as to whether an applicant is a handicapped person except when the institution is taking remedial steps to increase the participation of handicapped persons in programs and courses in which handicapped students have been traditionally underrepresented as specified in Section 1000.05(4), F.S., and under those conditions all written and oral inquiries must make clear that the information requested is intended for use solely in connection with remedial steps; the information is being requested on a voluntary basis; the information will be kept confidential as required by federal law; and that refusal to provide such information will not subject the applicant to any adverse treatment. However, after admission, an institution may make inquiries on a confidential basis as to handicaps that may require accommodation.

8. Nonacademic, co-curricular, extracurricular and physical education services and activities shall be provided in such a manner as is necessary to afford handicapped students an equal opportunity for participation in such services and activities.

9. An institution that offers physical education or that operates or sponsors interscholastic activities, clubs, intercollegiate or intramural athletics shall provide an equal opportunity for participation to qualified handicapped students.

10. Physical education and athletic activities that are separate or different from those offered to nonhandicapped students may be offered only if the institution can show that this is necessary to meet the needs of the handicapped students. Qualified handicapped students shall be provided the opportunity to compete for teams or to participate in physical education courses or activities that are not separate or different.

11. In choosing among available methods to ensure that programs, services and activities are accessible, priority shall be given to those methods that offer programs, services and activities to handicapped persons in the most integrated setting appropriate.

12. Any facilities, services or activities that are identifiable as being for handicapped persons shall be comparable to other facilities, services and activities.

13. Access to information regarding admission to programs, courses and activities shall be provided to handicapped persons.

14. Any activity or program which is not operated by the institution but which is considered a part of, or equivalent to, an institution’s program, shall be operated in a manner which provides equal opportunities to qualified handicapped persons.

History

• Rulemaking Authority 1000.05(5), 1001.02(1) FS. Law Implemented 1000.05(2), 1001.02(1), 1004.65 FS. History–New 3-11-85, Formerly 6A-19.02.

Fla. Admin. Code R. 6A-19.003 Health Services

When health services or other related services are provided for students, the services shall be provided in a manner which does not discriminate on the basis of race, sex, national origin, marital status or handicap. Institutions are not required to provide specialized services and aids to handicapped persons in health programs. If, for example, an infirmary treats only simple disorders such as cuts, bruises and colds, its obligation to handicapped persons is to treat such disorders for them.

(1) If health services are provided for students, handicapped students shall be provided the opportunity to participate in the services at no greater cost than to nonhandicapped.

(2) If comprehensive health care services are provided, said services shall be available for maternity or pregnancy related reasons and for handicapped students in the same manner and at the same cost as for other students.

(3) Handicapped students who receive health or other related services need not receive those general health screenings which would be duplicative or less intensive than screenings or evaluations they have already received in the development of their educational plans.

History

• Rulemaking Authority 1000.05, 1001.02(1) FS. Law Implemented 1000.05(2), 1001.02(1), 1004.65(6)(c) FS. History–New 3-11-85, Formerly 6A-19.03.

Fla. Admin. Code R. 6A-19.004 Interscholastic, Intercollegiate, Club and Intramural Athletics

The Commissioner shall require that governing boards include all factors identified in Section 1000.05(3), F.S., in the plans for implementation required of governing boards under subsection 6A-19.010(1), F.A.C., and shall require that those factors be included in the periodic reviews conducted under subsection 6A-19.010(2), F.A.C.

(1) Gender equity in athletics at all levels of public education shall be defined as: Gender equity in athletics is the fair distribution of overall athletic opportunity and resources, substantially proportionate to the enrollment of males and females, so that no student athlete, coach or athletic administrator is discriminated against in an athletic program on the basis of gender.

(2) Accommodation of interest and abilities. The level of participation for male and female students shall be provided in numbers substantially proportionate to their enrollment in the institution.

(a) The level of intercollegiate participation for male and female students shall be provided in numbers substantially proportionate to their undergraduate enrollments. Participation shall include all varsity roster positions available, but shall not include club or intramural opportunities. When participation is not substantially proportionate, the institution shall develop a corrective action plan in compliance with subsection (17) of this rule.

(b) Each level of interscholastic participation for male and female students shall be provided in numbers substantially proportionate to their respective enrollments. Participation opportunities shall include all varsity, junior varsity, or freshman roster positions available, but shall not include club or intramural opportunities. When participation is not substantially proportionate, the institution shall develop a corrective action plan in compliance with subsection (17) of this rule.

(c) Where the members of one sex are not, and have not been, substantially proportionate among intercollegiate or interscholastic athletes, the institution may defend the participation rates by showing a history and continuing practice of athletic program expansion which can be demonstrated to be responsive to the developing interests and abilities of that sex. Any defense on this basis shall be included in a correction action plan in compliance with subsection (17) of this rule.

(d) Where the members of one sex are not substantially proportionate among intercollegiate or interscholastic athletes, and the institution cannot show a history and continuing practice of athletic program expansion, the institution may show its commitment to gender equity in athletics if it can demonstrate that the interests and abilities of the members of that sex have been fully and effectively accommodated. Any demonstration on this basis shall be included in a corrective action plan in compliance with subsection (17) of this rule.

(3) Athletic financial assistance and scholarship. The amount of scholarship money and grants-in-aid made available in intercollegiate varsity sports shall be in substantial proportion to the number of students of each sex participating in athletic programs. Disparities that cannot be justified by a nondiscriminatory explanation shall be addressed in a corrective action plan developed in compliance with subsection (17) of this rule.

(4) Equipment and supplies. Educational institutions shall ensure equality in the provision of and funding for the equipment and supplies for athletic programs to include: the quality, suitability, amount, maintenance and replacement and availability of equipment and supplies. Disparities in equipment and supplies that cannot be justified by a nondiscriminatory explanation shall be included in a corrective action plan developed in compliance with subsection (17) of this rule.

(5) Scheduling of games and practice times. Educational institutions shall ensure equality in scheduling of games and practice times for athletic programs to include: the number of competitive events per sport, number and length of practice opportunities, time of day competitive events are scheduled, time of day practice opportunities are scheduled, and opportunities for pre-season and post-season competition. Disparities that cannot be justified by a nondiscriminatory explanation shall be addressed in a corrective action plan developed in compliance with subsection (17) of this rule.

(6) Travel and per diem allowances. Educational institutions shall ensure equality in the provision of and funding for travel and per diem allowances for athletic programs to include: modes of transportation, housing furnished during travel, length of stay before and after competitive events, per diem allowances and dining arrangements. Disparities that cannot be justified by a nondiscriminatory explanation shall be addressed in a corrective action plan developed in compliance with subsection (17) of this rule.

(7) Opportunities to receive coaching. Educational institutions shall ensure equality in the provision of and funding for the opportunities to receive coaching for intercollegiate and interscholastic sports to include: availability, training, experience, professional standing and other professional qualifications of coaches, and compensation of coaches. Disparities that cannot be justified by a nondiscriminatory explanation shall be addressed in a corrective action plan developed in compliance with subsection (17) of this rule.

(a) Athletic administrators and coaches in the same or comparable sports, subject to consideration of factors such as experience, training and success shall be compensated equally regardless of gender or race, while ensuring that male and female athletes receive equal and comparable coaching.

(b) Athletic administrative and coaching opportunities shall be made available to men and women without regard to sex or race. Employment of athletic personnel will exhibit the institutional obligation to equal employment opportunity.

(8) Locker rooms, practice and competitive facilities. Educational institutions shall ensure equality is maintained in the provision of and funding for locker rooms, and practice and competitive facilities for athletic programs to include: quality and availability for the practice facilities and competitive facilities; exclusivity of use of the facilities provided for practice and competitive events; availability and quality of locker rooms; maintenance of practice and competitive facilities; and preparation of facilities for practice and competitive events. If there are disparities favoring teams of one sex that are not balanced by disparities favoring teams of the other sex, the institution shall develop a corrective action plan in compliance with subsection (17) of this rule.

(9) Medical and training facilities and services, including weight training. Educational institutions shall ensure equality in the provision of and funding for medical and training facilities and services, including weight training for athletic programs to include: availability of medical personnel and assistance; health, accident and injury insurance coverage; availability and quality of weight and training facilities; availability and quality of conditioning facilities; and availability and qualifications of athletic trainers. If there are disparities favoring teams of one sex that are not balanced by disparities favoring teams of the other sex, the institution shall develop a corrective action plan in compliance with subsection (17) of this rule.

(10) Publicity and promotion. Educational institutions shall ensure equality in the provision of and funding for publicity and promotion for athletic programs to include: availability and quality of sports information personnel; access to other publicity resources for male and female programs; quantity and quality of publications; and other promotional devices featuring male and female teams. If there are disparities favoring teams of one sex that are not balanced by disparities favoring teams of the other sex, the institution shall develop a corrective action plan in compliance with subsection (17) of this rule.

(11) Support services. Educational institutions shall ensure equality in the provision of and funding for support services for athletic programs to include: the amount and quality of administrative assistance provided to male and female programs, and the amount and quality of clerical assistance provided to the male and female programs. If there are disparities favoring teams of one sex that are not balanced by disparities favoring teams of the other sex, the institution shall develop a corrective action plan in compliance with subsection (17) of this rule.

(12) Housing and dining facilities and services. Educational institutions shall ensure equality in the provision of and funding for housing and dining facilities and services for intercollegiate sports to include: housing, special services as part of housing arrangements, and meal plans. If there are disparities favoring teams of one sex that are not balanced by disparities favoring teams of the other sex, the institution shall develop a corrective action plan in compliance with subsection (17) of this rule.

(13) Recruitment of student athletes. Education institutions shall ensure equality in the provision of and funding for the recruitment of student athletes for intercollegiate sports to include: whether coaches and other professional athletic personnel in the programs serving male and female athletes are provided with substantially equal opportunities to recruit; whether the financial and other resources made available for recruitment in male and female athletic programs are equivalently adequate to meet the needs of each program; and whether the differences in benefits, opportunities, and treatment afforded prospective student athletes of each sex have a limiting effect upon the recruitment of students of either sex. If there are disparities favoring teams of one sex that are not balanced by disparities favoring teams of the other sex, the institution shall develop a corrective action plan in compliance with subsection (17) of this rule.

(14) Recruitment, assignment and compensation of tutors. Educational institutions shall ensure equality in the provision of and funding for the recruitment, assignment and compensation of tutors for athletes to include: amount of time tutors are available for athletes, qualifications and experience of tutors, rates of pay for tutors, and employment conditions of tutors. If there are disparities favoring teams of one sex that are not balanced by disparities favoring teams of the other sex, the institution shall develop a corrective action plan in compliance with subsection (17) of this rule.

(15) Club and intramural sports. The participating opportunities, funding, facilities and other resources available for club and intramural sports shall be substantially proportionate to the respective enrollments of males and females in the educational institution. Where the members of one sex in club or intramural sports are not substantially proportionate to their respective enrollment in the educational institution, the institution may show its commitment to gender equity if it can demonstrate that the interests and abilities of the members of that sex have been fully and effectively accommodated.

(16) Funding for athletic programs. Funding for athletic programs, including revenues from direct support organizations established pursuant to Sections 1001.453, 1004.28 and 1004.70, F.S., shall be disbursed in a manner that ensures equivalent benefits and services to male and female athletes. Appropriate consideration may be taken of the actual costs and emphasis of particular athletic programs, but no disproportionate funding based upon gender shall exist between the same or similar sports in the overall funding of the entire athletic program.

(17) Institutions shall develop and implement corrective action plans for equity in athletics components described in subsections (2)-(16), of this rule, that are determined to be not in compliance. The corrective action plan shall be developed and submitted consistent with the standards prescribed in this rule. The corrective action plan may cover a period of up to three (3) years and shall be submitted in the format and on the date prescribed by the Commissioner or the Chancellor of the State University System as appropriate. Information describing format and date of submission is available from the Office of Equity and Access, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399 or from the Office of Equity and Access, 325 West Gaines Street, The Florida Education Center, Tallahassee, Florida 32399. The corrective action plan shall be updated at least annually and compliance shall be monitored on an annual basis.

(18) The Department shall administer graduated penalties to ensure the enforcement of the athletic requirements of Title IX of the Educational Amendments of 1972 and Section 1000.05, F.S. Depending on the severity of the violation, penalties shall include the following:

(a) When a corrective action plan is not complete or not submitted in a timely manner, notification of the violation shall be made to the appropriate district or postsecondary administrative staff. If an acceptable corrective action plan is not submitted within thirty (30) days from the date of notification, the Commissioner shall notify the district or postsecondary institution that athletic teams of the particular institution will not be allowed to compete until such time as an acceptable plan is approved.

(b) Depending on the severity of violations of this rule, the Department shall issue a public letter of censure concerning the violation, designate the institution ineligible to participate in championship or post season events or prohibit the institution from participating in one (1) or more sports until the institution has come into compliance or has submitted an acceptable corrective action plan.

(c) If the institution is found out of compliance with no acceptable plan for coming into compliance, the Commissioner, or the Chancellor of the State University System as appropriate, shall implement the requirements of Section 1000.05(6)(g), F.S., and declare the educational agency ineligible for competitive state grants, and direct the Comptroller to withhold general revenue funds sufficient to obtain compliance.

(d) In cases of implementation of the penalties imposed in Section 1000.05(6)(f), F.S., the Commissioner shall make available a review mechanism composed of a panel of three (3) people, appointed by the Commissioner, to allow for appeal of the imposed penalty. The panel shall include one (1) representative of the appropriate athletic association, a representative of a district or postsecondary institution not associated with the disputed violation, and one (1) additional person not associated with the disputed violation. Within thirty (30) days, the panel shall review the case and make recommendations to the Commissioner.

History

• Rulemaking Authority 1000.05(5), (6)(g), 1001.02(1) FS. Law Implemented 1000.05(3), (6)(f), (g), 1001.02(1), 1004.65(6)(c), 1006.71 FS. History–New 3-11-85, Formerly 6A-19.04, Amended 10-30-94.

Fla. Admin. Code R. 6A-19.005 Student Financial Assistance

Financial assistance administered in whole, or in part, by the institution in the form of loans, grants, scholarships, fellowships, special funds, services, benefits, waivers of fees, subsidies, compensation for work or prizes to students shall be awarded in a manner that does not discriminate on the basis of race, sex, national origin, marital status or handicap. This does not preclude awards made to overcome the effects of past discrimination. Institutions shall package financial assistance in such a way that minority students do not receive awards composed primarily of loans or work-study in lieu of scholarships or grants for which they are qualified.

(1) Restricted financial assistance may be administered where the assistance and restriction are established by statute, gift, will, trust, bequest or any similar legal instrument, if the overall effect of all financial assistance awarded by the institution does not discriminate on the basis of race, sex, national origin, marital status or handicap.

(2) Students shall not be discriminated against on the basis of race, sex, national origin, marital status or handicap when making available opportunities in cooperative education, work-study, job placement, apprenticeship programs, teaching assistantships, research assistantships, laboratory assistantships or other work programs for which they are qualified.

History

• Rulemaking Authority 1000.05(5), 1001.02(1) FS. Law Implemented 1000.05(2), (3), (6)(f), (g), 1001.02(1), 1004.65 FS. History–New 3-11-85, Formerly 6A-19.05.

Fla. Admin. Code R. 6A-19.006 Housing

If housing opportunities are provided, opportunities shall be extended without discrimination based on race, sex, national origin, marital status or handicap. This obligation includes the provision of on-campus housing and the provision of off-campus housing when an institution makes agreements with other providers.

(1) If on-campus or off-campus housing is provided to nonhandicapped students, then comparable, convenient and accessible housing shall be provided, at the same cost and under the same conditions, to handicapped students. Housing opportunities shall be available to handicapped students in sufficient quantity that living accommodations for handicapped students are, as a whole, comparable to those for nonhandicapped students.

(2) Housing provided to students of either sex shall be proportionate in quantity to the number of students of that sex applying for such housing and shall be comparable in quality and cost to the student.

(3) Institutions may designate housing for married students and students with custody of or joint custody of minor children.

History

• Rulemaking Authority 1000.05(5), 1001.02(1) FS. Law Implemented 1000.05(2), (3), 1001.02(1), 1004.65(6)(c) FS. History–New 3-11-85, Formerly 6A-19.06.

Fla. Admin. Code R. 6A-19.007 Student Employment

All decisions concerning employment and job placement of students under any program or activity shall be made in a manner which ensures that discrimination does not occur based on race, sex, national origin, marital status or handicap, except where sex or national origin constitute a bona fide occupational qualification under section 703 of Title VII of the Civil Rights Act of 1964, as amended. Reasonable accommodation shall be provided for qualified handicapped student employees.

(1) Each written agreement for the referral or assignment of students to an employer shall contain an assurance from the employer that students shall be accepted and assigned to jobs, and otherwise treated, without regard to race, sex, national origin, marital status or handicap.

(2) Assistance in making employment available to students shall only be given to agencies, organizations or persons who do not discriminate on the basis of race, sex, national origin, marital status or handicap. Any requests by prospective employers which have the effect of excluding students of a particular race, sex, national origin, marital status or handicap shall not be honored. This does not preclude prospective employers from specifying necessary job skills.

(3) No agreement for the provision or support of apprentice training for students shall be entered with sponsors that discriminate against its members, or applicants for membership, on the basis of race, sex, national origin, marital status or handicap. Each written agreement with a sponsor providing for apprentice training shall contain an assurance from the sponsor that it does not engage in such discrimination against its membership, or applicants for membership, and that apprentice training shall be offered and conducted in a manner free from such discrimination.

(4) Students seeking to participate in any student employment opportunity including, but not limited to, cooperative education, work study, teaching assistant or aide, research assistant or aide, library or laboratory assistant or aide, trainer, tutor, interpreter, service worker, and student assistant, shall not be discriminated against by employers, prospective employers, instructors or staff on the basis of race, sex, national origin, marital status or handicap in recruitment, hiring, placement, assignment to work duties, hours of employment, levels of responsibility or pay.

History

• Rulemaking Authority 1000.05(5), 1001.02(1) FS. Law Implemented 1001.02(1), 1004.65 FS. History–New 3-11-85, Formerly 6A-19.07.

Fla. Admin. Code R. 6A-19.008 Educational and Work Environment

It is the policy of the State of Florida, and institutions have an affirmative duty, to create an educational and work environment free of harassment on the basis of race, sex, national origin or handicap. An institution is responsible for all acts of harassment regardless whether the institution knew or should have known of the acts if the harassment is committed by a person in a position of authority. If, however, the harassment is between fellow employees, fellow students or by nonemployees, an institution is only responsible if it knew or should have known of the harassment and failed to take corrective action. Harassment includes:

(1) Any slurs, innuendos or other verbal or physical conduct reflecting on an individual’s race, ethnic background, gender or handicapping condition which has the purpose or effect of creating an intimidating, hostile or offensive educational or work environment; has the purpose or effect of unreasonably interfering with the individual’s work or school performance or participation; or otherwise adversely affects an individual’s employment or educational opportunities.

(2) The denial of or the provision of aid, benefits, grades, rewards, employment, faculty assistance, services, or treatment on the basis of sexual advances or requests for sexual favors.

(3) Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational career; submission to or rejection of such conduct is used as a basis for educational or employment decisions affecting the individual; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating, hostile or offensive working or educational environment.

History

• Rulemaking Authority 1000.05(5), 1001.02(1) FS. Law Implemented 1000.05(2), 1001.02(1), 1004.65(2) FS. History–New 3-11-85, Formerly 6A-19.08.

Fla. Admin. Code R. 6A-19.009 Personnel

Equal employment opportunities shall be provided to all applicants and employees without regard to race, sex, national origin, marital status or handicap.

(1) Policies and Practices. Policies, practices and collective bargaining agreements shall not discriminate against an employee, or applicant for employment, on the basis of race, sex, national origin, marital status or handicap. Each governing board shall provide that the cost of providing reasonable accommodation be borne by the governing board, or in the case of state universities by the individual university, rather than by internal subsidiary budgeting units.

(a) Salary policies, employee classification, assignments and other practices shall not discriminate on the basis of race, sex, national origin, marital status or handicap.

(2) Fringe Benefits. All fringe benefits provided under the authority or direction of an institution shall be provided without discrimination on the basis of race, sex, national origin, marital status or handicap.

(3) Pregnancy. Pregnancy and childbirth shall be treated in the same manner as temporary disabilities with respect to all job-related purposes, including commencement, duration and extension of leave, reinstatement, payment of disability income, accrual of seniority, insurance and other fringe benefits provided under the authority or direction of an institution.

(4) Reasonable Accommodation. Reasonable accommodation shall be provided for the known handicaps of a qualified handicapped applicant or employee unless it can be demonstrated that the accommodation would impose an undue hardship on the institution. An institution may not deny employment opportunity to a qualified handicapped employee or applicant if the basis for the denial is the need to make reasonable accommodation to the employee or applicant.

(5) Contractual Agreements. Institutions shall not participate in any contractual or other agreements that have the effect of subjecting an applicant or employee to discrimination on the basis of race, sex, national origin, marital status or handicap. Contractual or other agreements shall include, but are not limited to, collective bargaining agreements, insurance contracts, training contracts, research projects and studies, food services and transportation.

(6) Recruitment. Recruitment and hiring of employees shall be conducted without discrimination on the basis of race, sex, national origin, marital status or handicap. This shall not affect recruitment, employment and promotion activities conducted under a legally sufficient affirmative action plan adopted by the governing board or institution.

(a) Employment advertisements shall not indicate or imply preference or discrimination based on race, sex, national origin, marital status or handicap.

(7) Preemployment Inquiries. Preemployment inquiries shall not solicit information with respect to an applicant’s marital or parental status, or the existence or severity of handicapping conditions.

(a) No preemployment medical examination shall be conducted nor shall any preemployment inquiry be made of an applicant as to whether the applicant is a handicapped person or as to the nature or severity of a handicap. Inquiry into the applicant’s ability to perform job related functions is permissible. Conditioning an offer of employment on the results of a medical examination conducted prior to the employee’s entrance on duty is permissible if all entering employees in the particular job classification are subjected to such an examination.

(b) Preemployment inquiries as to the race and sex of an applicant for employment may be made only if such request is voluntary and only if the results of such inquiry are not used in a discriminatory manner.

(c) No preemployment inquiry regarding marital or family status, including number of dependents or whether an applicant is “Miss” or “Mrs.”, shall be made.

(8) Employment Criteria. Selection criteria for employment shall not discriminate against employees or applicants for employment on the basis of race, sex, national origin, marital status or handicap. Selection criteria that relate to standards or requirements of the job may be used. If it can be demonstrated that selection criteria with adverse impact have been validated as essential to the job, and that there has been a reasonable search for equally valid criteria which do not have a disproportionate adverse impact, the criteria shall be considered nondiscriminatory.

(a) Employment tests shall be selected and administered so as to ensure that the test results accurately reflect the applicant’s or employee’s job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the applicant’s or employee’s impaired sensory, manual or speaking skills, except where those skills are the factors that the tests purport to measure.

(9) Job Classification. Jobs shall not be classified as being for persons of a particular race, sex, national origin, marital status or handicap, except where sex or national origin constitute a bona fide occupational qualification under Section 703 of Title VII of the Civil Rights Act of 1964, as amended.

History

• Rulemaking Authority 1000.05, 1001.02(1) FS. Law Implemented 1000.05(2), 1001.02(1), 1012.95, 1004.65(2) FS. History–New 3-11-85, Formerly 6A-19.09.

Fla. Admin. Code R. 6A-19.010 Strategies to Overcome Underrepresentation

(1) Plans for Implementation. Each governing board within the state system of public education shall submit a three (3) year plan, in the format and on the date prescribed by the Commissioner of Education, to the Office of Equity and Access. Plans shall be designed to implement the Florida Educational Equity Act, Section 1000.05, F.S., and Rules 6A-19.001-.010, F.A.C., and shall be updated annually. The initial three year plan may include the program and employment analyses required by paragraphs 6A-19.010(1)(c), and (d), F.A.C., on a staggered schedule which shall provide for responsible and expeditious implementation. The staggered schedule and the programs, courses, services and activities to be analyzed and included for each of the first three years shall be prescribed by the Commissioner of Education. Priority shall be assigned, however, to mathematics, science, computer technology, electronics, communications technology, engineering, athletics and vocational education, as specified in Sections 1000.05(3) and (4), F.S. The plans need not be separate documents but may be portions of plans prepared by the governing board for other purposes, including current actions taken to implement judicial orders, if they contain at least the following information.

(a) Description of Plan Development. The plan shall identify, by title and organizational location, the persons involved in the development of the plan; a description of the participation of any advisory groups or persons; and the date of adoption of the plan by the governing board.

(b) Policy and Procedure Review. A description of the process used by the governing board to review policies and procedures used by the institutions under its jurisdiction to assure that all policies and procedures comply with the requirements of Section 1000.05, F.S., and Rules 6A-19.001-.010, F.A.C., and the conclusions reached.

1. The description of the review shall include a list of topic areas examined, which shall include, but not be limited to: student services, including counseling; financial assistance; student housing; accessibility and comparability of facilities in terms of sex and handicap; selection criteria for admission to the institution and program and course admission requirements by program area or discipline; criteria for participation in and funding of recreational, athletic, co-curricular and extracurricular activities; provision of auxiliary aids and services; transportation; employment policies and practices for staff and students including selection criteria for employment and methodology for providing reasonable accommodation.

2. The description of the review shall summarize conclusions, include plans for appropriate modifications with timelines, identify staff designated to coordinate the plan for modifications, and describe procedures for maintaining compliance with Section 1000.05, F.S., and Rules 6A-19.001-.010, F.A.C.

(c) Program Analyses. Implementation plans shall include a summary of the results of analyses of student participation in programs or disciplines. The plans shall identify those programs or disciplines which have disproportionate enrollment of students of a particular race, sex, handicap, or national origin minority having limited-English-language skills. The governing board shall specify the pool of potential students utilized in calculating disproportionate enrollment, as defined in subsection 6A-19.001(5), F.A.C., in each program or discipline. It is not expected that these analyses will be conducted at a course level unless the governing board determines that it is necessary for the development of strategies to overcome underrepresentation. The Commissioner of Education may designate selected programs, courses, services and activities for analysis.

1. For those programs or disciplines and those selected programs, courses, services or activities designated by the Commissioner of Education, which are found to have disproportionate enrollment, the institution shall develop and implement methods and strategies to increase the participation of students from those underrepresented groups.

2. The plans of implementation shall summarize the results of the analyses of student participation and identify the methods and strategies, including goals adopted by the governing board, and timetables for the implementation of those strategies to increase student participation.

(d) Employment Analyses. Implementation plans shall include a summary of the analyses of employment data by race and sex. Particular attention shall be given to employment patterns in mathematics, science, computer technology, electronics, communications technology, engineering, athletics and vocational education.

1. Plans for implementation shall summarize the results of the employment analyses and describe methods and strategies to increase employment of persons from underrepresented groups.

(e) The annual updates to the implementation plans shall include all modifications, additions, or deletions to the current three year plan for implementation and shall include an evaluation of each of the methods and strategies developed to increase student participation or employment of individuals from underrepresented groups.

(f) Regular Notification. The implementation plan shall include a copy of the policy of nondiscrimination adopted by the governing board and a description of the procedures utilized to regularly notify staff, students, applicants for employment and admission, parents, collective bargaining units and the general public of this policy.

(g) Equity Coordinator. The implementation plan shall identify the person(s), by name and title, designated to coordinate the institution’s compliance with Section 1000.05, F.S., and Rules 6A-19.001-.010, F.A.C. The identity of the Equity Coordinator shall be included in the regular notification of the policy of nondiscrimination.

(h) Grievance or Complaint Procedures. The implementation plan shall include a copy of the grievance or complaint procedures for use by students, applicants, and employees who allege discrimination.

1. Procedure(s) shall be available to all students and their parents, employees, and applicants for admission or employment.

2. Notification of these procedures shall be placed in prominent and common information sources.

3. Procedure(s) shall be designed to encourage prompt and equitable resolution of student, employee and applicant complaints but shall not prohibit individuals from seeking redress from other available sources.

(i) Plans and annual updates submitted by district school boards shall include all schools; vocational, adult and community education centers; vocational skills centers; and special education schools, centers or annexes operated by the board. The program analyses and employment analyses portions of the plan shall include school level and district level data.

(j) Plans and annual updates submitted by the Board of Regents shall include a plan for each university. Each university plan shall include all colleges, schools, campuses, annexes, centers, research centers and service centers operated under the authority or direction of the university.

(k) Plans and annual updates submitted by the community college boards of trustees shall include all departments, campuses, annexes and centers operated under the authority or direction of the board of trustees.

(l) The plan and annual updates submitted by the Board of Trustees of the Florida School for the Deaf and the Blind shall include all departments, units and schools operated under the jurisdiction of the Board of Trustees of the Florida School for the Deaf and the Blind.

(2) Periodic Reviews. The Office of Equity and Access of the Department of Education shall plan, coordinate and direct or conduct periodic reviews of public education institutions to determine compliance with Section 1000.05, F.S., and Rules 6A-19.001-.010, F.A.C.

(a) The Division of Public Schools, the Division of Applied Technology and Adult Education, the Division of Community Colleges and the Division of Universities shall submit to the Commissioner of Education through the Office of Equity and Access on September 1, 1985, procedures for including the appropriate provisions of Section 1000.05, F.S., in each of its regularly scheduled program review activities which shall be subject to approval by the Commissioner of Education. Any revisions or updates to those procedures shall be submitted to the Commissioner of Education for review prior to September 1 each year. Following each program review, a summary of all findings pertinent to determining compliance with Section 1000.05, F.S., shall be transmitted to the Commissioner of Education through the Office of Equity and Access.

(b) State Level Review. The Office of Equity and Access shall conduct a state level review of a sampling of the public educational entities, including school districts, community colleges, universities and the Florida School for the Deaf and the Blind.

(c) On-Site Review. The Office of Equity and Access shall conduct annual on-site reviews of a sampling of the public educational entities which participated in state level reviews during the previous twelve months under the provision of paragraph 6A-19.010(2)(b), F.A.C. Written notice of on-site reviews shall be provided to presidents and superintendents at least ten (10) working days prior to the review.

(3) Technical Assistance. The Department shall have responsibility for providing technical assistance for compliance with Section 1000.05, F.S. Technical assistance materials and services shall be provided to assist in the development, modification and monitoring of the plans for implementation described in Rule 6A-19.010, F.A.C.

(4) Studies of Effectiveness. The Office of Equity and Access shall analyze data and evaluation information to identify common elements of policies, practices, procedures and implementation strategies which contribute to, or present barriers to, the effectiveness of methods and strategies designed to increase participation of students in programs and courses in which students of a particular race, sex, national origin, marital status or handicap have been traditionally underrepresented. As common elements are identified, the Office of Equity and Access shall recommend studies to the Commissioner of Education for statewide evaluation and review.

History

• Rulemaking Authority 1000.05(5), 1001.05(1) FS. Law Implemented 1000.05(3), (4), (6), 1001.02(1), 1004.65 FS. History–New 3-11-85, Formerly 6A-19.10.

Chapter 6A-20 STUDENT FINANCIAL ASSISTANCE

Fla. Admin. Code R. 6A-20.001 Definitions of Terms for State Student Aid Programs

These definitions apply to the administration of state scholarship and grant programs described in Rules 6A-20.001 through 6A-20.099, F.A.C., and are not applicable to rules outside of these including, but not limited to, rules governing enrollment or reporting, and are also not applicable to federal aid programs or requirements.

(1) Academic term. A semester, trimester, quarter, or a summer session(s) that is equal to a semester, trimester, or a quarter, or to the equivalent of three hundred sixty (360) full-time clock hours during the school year.

(2) Academic year. A period of time, from one fall term to the next, in which a full-time student is expected to complete the equivalent of two (2) semesters, two (2) trimesters, or three (3) quarters at institutions using credit hours or seven hundred twenty (720) clock hours for each program at institutions using clock hours.

(3) Allocation. Funds designated by the Florida Department of Education (department) for a postsecondary educational institution for the administration of a state student aid program for which the institution determines the student’s eligibility and makes student awards.

(4) Associate in applied science and associate in applied arts degrees. Degrees that are consistent with the definition accepted by the Commission for Independent Education and Florida colleges, which are awarded for study that is occupationally oriented and requires a minimum of sixty (60) semester credits, or the equivalent, require a percentage of the total credits to be in general education, and for the Commission for Independent Education only, requires a minimum 2.0 grade point average on a 4.0 scale.

(5) Associate in arts degree. A degree awarded for study that is the primary basis for admission of transfer students to upper division study in a baccalaureate program, and which requires a minimum of sixty (60) semester credits, or the equivalent, of academic work exclusive of occupational courses, requires a minimum of thirty-six (36) semester credits, or the equivalent, to be in general education, and requires a minimum 2.0 grade point average on a 4.0 scale.

(6) Associate in science degree. Degrees that are consistent with the definition accepted by the state universities, Florida colleges, and the Commission for Independent Education, which are awarded for study and prepare a student for employment, require a minimum of sixty (60) semester credits, or the equivalent, require a percentage of the total credits to be in general education, and require a minimum 2.0 grade point average on a 4.0 scale.

(7) Award. A monetary commitment made to a student applicant for a specific student aid program, contingent upon the availability of funds and the student’s eligibility.

(8) Baccalaureate degree or bachelor’s degree. A degree that is consistent with the definition accepted by the state universities, Florida colleges, and Commission for Independent Education, and which requires a minimum of one hundred twenty (120) semester credits, or the equivalent, requires a percentage of the total credits to be in general education, and requires a minimum of a 2.0 grade point average on a 4.0 scale.

(9) Bona fide self-supporting student. An independent student who can provide evidence of financial support from sources other than parents, legal guardian, relatives, or student aid.

(10) Clock-to-credit hour conversion rate. An institution that is established for reporting purposes as a credit-hour institution and also offers clock-hour credit must convert the clock hours to credit hours at a rate of thirty (30) clock hours to one (1) credit hour and report only credit hours, unless otherwise specified.

(11) College-level program. A program of academic study that leads to the awarding of a graduate degree, a bachelor’s degree, an associate in arts degree, an associate in science degree, an associate in applied arts degree, or an associate in applied science degree.

(12) College preparatory course. A course defined by the state universities and Florida colleges as necessary for a student to acquire the skills or knowledge to perform successfully in college-level courses. College preparatory courses are also referred to as developmental education or remedial courses.

(13) Cost of education. The average cost for a student to attend a postsecondary educational institution for one academic year, which includes the cost of tuition and fees, books and supplies, room and board, transportation, and personal expenses.

(14) Default. The condition of a borrower of an educational loan when the borrower’s payments are one hundred twenty (120) days or more past due.

(15) Department. Florida Department of Education.

(16) Early admission student. An early admission student is a full-time college level student who is counted as FTE only by the college or university and who is responsible for payment of all fees and instructional materials.

(17) Enroll or enrollment. Registered for instruction in which the student earns credit toward an approved degree or certificate program.

(18) Full-time enrollment. For undergraduate students, enrollment in twelve (12) or more credit hours, or three hundred sixty (360) or more clock hours, during an academic term. For graduate students, enrollment in nine (9) or more credit hours during an academic term. This definition is only applicable for the purposes of state scholarship and grant programs.

(19) General education credits. Courses in the areas of communication, mathematics, social sciences, humanities, and natural sciences.

(20) Graduate student. A student who is enrolled in a degree program leading to a master’s degree, doctoral degree, or any post-baccalaureate certificate at an institution of higher education, and has been classified as a graduate student by the institution.

(21) Half-time enrollment. For undergraduate students, enrollment in six (6) to eight (8) credit hours, or one hundred eighty (180) to two hundred sixty-nine (269) clock hours, during an academic term, or the quarter-based equivalent. This definition is only applicable for the purposes of state scholarship and grant programs.

(22) Minority. Any individual belonging to one of the following race/ethnic categories: Black, not of Hispanic Origin; Hispanic; Asian or Pacific Islander; American Indian, or Alaska Native.

(23) Net financial need. The difference between the student’s cost of education and the expected family contribution and other financial resources available to the student to meet this cost.

(24) Refund. State aid funds for which the educational institution shall be responsible for returning to the department.

(25) Reinstatement student. A student who was eligible for a specific state aid program but did not receive an award during the previous academic year(s) and wishes to reestablish use of the scholarship.

(26) Remedial course. A course defined by a Florida college or state university as necessary for a student to acquire the necessary skills or knowledge to perform successfully in college-level courses. Remedial courses are also referred to as college preparatory education or developmental courses.

(27) Renewal student. A student who received an award the previous academic year and met the program eligibility requirements for a specific state aid program.

(28) Repayment. Money received from state aid that a student is required to return to the educational institution; or an amount of money received from a state scholarship loan that a student is required to return to the state.

(29) Residency. The legal status that a person acquires as the result of establishment of a domicile with the intent to permanently remain in that domicile other than for temporary absences. However, any domicile established solely or primarily for the purpose of obtaining an education or of obtaining financial aid from the state shall not constitute residency.

(30) Restoration student. A student who lost eligibility for a specific state aid program that provided for restoration due to a low renewal grade point average, but earned the required grade point average in a subsequent academic year.

(31) Returning student. All categories of students classified as a renewal, reinstatement, or restoration student.

(32) Satisfactory academic progress. A satisfactory rate of student course -completion that is determined using qualitative and quantitative measures in the institution’s financial aid measurable progress policy, which complies with Title IV requirements.

(33) School year. The period of time beginning with the academic year from one fall term to the next fall term.

(34) Three-quarter-time undergraduate enrollment. Undergraduate enrollment in nine (9) to eleven (11) credit hours, or in two hundred seventy (270) to three hundred fifty-nine (359) clock hours during an academic term, or the quarter-based equivalent. This definition is only applicable for the purposes of state scholarship and grant programs.

(35) Undergraduate student. A student who is in the process of attaining a degree or certificate and has yet to complete a first bachelor’s or baccalaureate degree.

History

• Rulemaking Authority 295.01(4), 1001.02(1), (2)(n), 1009.50(5),1009.505(5), 1009.51(5), 1009.52(6), 1009.53(3), 1009.55(2), 1009.66(9), 1009.67(6), 1009.72(1), 1009.73(10), 1009.77(9), 1009.89(2), (7), 1009.893(14), 1009.894(1), 1009.95(7) FS. Law Implemented 295.01, 295.015, 295.02, 295.03, 295.04, 295.05, 1009.40, 1009.50, 1009.505, 1009.51, 1009.52, 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536, 1009.538, 1009.55, 1009.60, 1009.66, 1009.67, 1009.701, 1009.72, 1009.73, 1009.77, 1009.89, 1009.893, 1009.894, 1009.95 FS. History–New 12-9-86, Amended 10-15-02, 9-22-08, 2-21-23.

Fla. Admin. Code R. 6A-20.002 Postsecondary Educational Institution Administrative Responsibilities for State Student Aid and Tuition Assistance Programs

These responsibilities apply to all Rules 6A-20.001 through 6A-20.100, F.A.C.

(1) Institutions enrolling students who receive state financial aid and state tuition assistance funds shall:

(a) Develop written procedures for institutional administration of state aid programs;

(b) Provide adequate staff to administer state student aid program funds in an effective, efficient, and accountable manner;

(c) Provide the coordination of institutional, state, federal student aid, and state tuition assistance awards to students;

(d) Maintain complete, accurate, and auditable student records documenting the institution’s administration of state student aid and state tuition assistance funds;

(e) Retain required records for five (5) years or until audited and any audit exceptions are resolved;

(f) Verify and certify student enrollment and eligibility, determination of total educational cost, and calculate financial need;

(g) Disburse state aid and state tuition assistance funds to eligible students;

(h) Secure and maintain student acknowledgment of receipt of funds;

(i) Complete and return to the department in the format and by the date established by the department all reports for the administration of state funds and state tuition assistance;

(j) Complete and return institutional applications for state aid funds in the format and by the date established by the department; and,

(k) Refund to the Office of Student Financial Assistance, Department of Education, any funds for students who fail to meet eligibility criteria. Refunds are to be made within sixty (60) days of the end of the regular registration period or within sixty (60) days of the date the student’s ineligibility is determined, whichever is earlier. The amount of refund due the department shall be:

1. An amount equal to one hundred (100) percent of any state aid and state tuition assistance funds disbursed by the institution to ineligible students; or

2. An amount equal to one hundred (100) percent of any state aid received and state tuition assistance funds by the institution but not disbursed to students; or

3. An amount of state funds, excluding loans, disbursed to eligible students who subsequently withdraw which is consistent with the percentage of refund as defined by the institution’s refund policy.

(2) Institutions enrolling students who are eligible to receive state aid and state tuition assistance funds and who are enrolled in courses at more than one (1) institution and earning credits toward an associate or bachelor’s degree shall notify the department which institution is the responsible institution for the administration and delivery of state aid.

History

• Rulemaking Authority 295.01(4), 1001.02(1), 1009.50(6), 1009.505(5), 1009.51(1), 1009.52(7), 1009.53(3) 1005.55(2), 1009.72(7), 1009.73(1), 1009.77(7), 1009.89(2), 1009.893(14), 1009.894(1), 1009.895(7), 1009.896(7), 1009.95(7) FS. Law Implemented 295.01, 295.015, 295.02, 295.03, 295.04, 295.05, 1001.02, 1009.50, 1009.505, 1009.51, 1009.52, 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536, 1009.538, 1009.55, 1009.701, 1009.72, 1009.73, 1009.77, 1009.89, 1009.893, 1009.894, 1009.895, 1009.896, 1009.95 FS. History–New 12-9-86, Amended 5-19-08.

Fla. Admin. Code R. 6A-20.0021 Program Compliance Audits of State Student Financial Aid and the State Tuition Assistance Grant Programs

The Commissioner shall require the performance of a program compliance audit (also called examination) on a biennial basis for each state student financial aid and state tuition assistance grant program administered by a private independent college, university, or school (hereafter called institution) in accordance with Florida Statutes and State Board of Education Administrative Rules. The purpose of such audits shall be to determine whether the institution has administered the state student financial aid and state tuition assistance grant programs in substantial compliance with applicable statutes and rules. This rule shall be effective for audits beginning with the 2007-08 school year.

(1) Designation of auditors. It shall be the responsibility of the institution receiving state student financial aid and state tuition assistance grant programs to secure an audit from an independent certified public accounting (CPA) firm at the institution’s expense. The CPA firm shall agree to:

(a) Conduct the audits in accordance with the instructions of the Department’s Office of Student Financial Assistance.

(b) Provide two (2) or more audit report copies and management letters to the Department.

(c) Allow the state officials or representatives access to review the audit workpapers.

(2) Responsibilities of the Department. It shall be the responsibility of the Office of Student Financial Assistance to coordinate each program compliance audit performed by a certified public accounting firm and to ensure that the results of such audits are provided to the Department in accordance with the provisions of subsection (1) of this rule. Instructions for the audits are to be provided by the Office of Student Financial Assistance.

(3) Responsibilities of the institution. Responsibilities of the institution shall include:

(a) Submitting, when required, a refund check to the Office of Student Financial Assistance within thirty (30) calendar days from the date on the audit determination letter sent to the institution by the Office of Student Financial Assistance, as provided for in subsection (7) of this rule; or

(b) Notifying the Office of Student Financial Assistance that it desires either to appeal the examination findings or to have a one hundred (100) percent examination, as provided for in subparagraph (6)(b)2. of this rule.

(4) Instances of noncompliance. The certified public accounting firm shall report instances of noncompliance with applicable statutes and rules found during the examination in accordance with the following provisions:

(a) Students shall be classified as ineligible, if the examination of supporting documentation discloses instances of noncompliance with eligibility criteria specified by applicable statutes and rules.

(b) Awards shall be classified as questioned costs, if the examination discloses one (1) or more of the following conditions:

1. Awards, or the portions thereof, not properly paid or delivered to students, or not properly credited to students’ accounts;

2. Awards made to ineligible students; and,

3. Awards for which supporting documentation, necessary to establish eligibility, is missing and cannot be located.

(c) Instances of noncompliance which do not affect student eligibility or cause the classification of awards as questioned costs shall be reported with the auditor’s findings, but shall have no impact on determining the amount of refunds or whether to expand a sample as provided in subsection (5) of this rule.

(5) Sample selection. For each program administered by the institution, the certified public accounting firm shall select a random sample of fifty (50) award recipients, or twenty-five (25) percent of the total number of award recipients, whichever is less, but no less than ten (10) award recipients; however, if there are less than ten (10) award recipients, then all award recipients shall be selected. If the error rate determined for the initial random sample is equal to or greater than ten (10) percent of the monetary value of the sample, the sample shall be expanded to become statistically valid and representative of the entire award population.

(6) Refunds. Refunds shall be determined in accordance with the following provisions:

(a) For each program with an error rate of less than ten (10) percent of the monetary value of the sample awards, the institution shall refund the specific awards which are classified in the final audit report as questioned costs.

(b) For each program with an error rate equal to or greater than ten (10) percent, the institution shall either:

1. Refund an amount calculated by multiplying the sample error rate times the total awards in the program population; or

2. Engage a CPA firm, at the institution’s expense, to audit one hundred (100) percent of the awards in the program population, and refund the sum of the specific awards classified as questioned costs.

(7) Audit determination letter. Within ten (10) working days after receipt of a final audit report, the Office of Student Financial Assistance will complete a desk review and write the audit determination letter to the Financial Aid Director and the President of the institution. The audit determination letter to the concerned institution shall include:

(a) A reference to the final audit report and the authority under which a refund, if any, is being requested;

(b) A computation of the requested refund, if any; and,

(c) Notice to the institution that it may appeal the audit determination letter, within fifteen (15) calendar days from the date of the audit determination letter, by requesting an informal hearing. The Commissioner, or designee, shall schedule the informal hearing to be held between representatives of the institution and Office of Student Financial Assistance within ninety (90) calendar days of the institution’s request. If these parties are unable to arrive at a satisfactory agreement or are unable to hold an informal hearing within the ninety (90) calendar days period, the institution may request a formal hearing by submitting a letter to the Commissioner. The Commissioner shall request the Division of Administrative Hearings of the Department of Administration to assign a hearing officer, and the Department shall proceed with the hearing as prescribed by Section 120.57, F.S.

History

• Rulemaking Authority 295.01(3), 1001.02(1), 1009.51(1), 1009.52(7), 1009.53(3), 1009.72(7), 1009.73(1), 1009.765, 1009.77(7), 1009.89(2), 1009.891(2) FS. Law Implemented 295.01, 1009.51, 1009.52, 1009.53, 1009.72, 1009.73, 1009.765, 1009.77, 1009.89, 1009.891 FS. History–New 9-19-90, Amended 2-15-95, 11-16-97, 5-19-08.

Fla. Admin. Code R. 6A-20.003 Florida Residency as a Requirement for the Receipt of State Student Aid

(1) Students attending Florida postsecondary educational institutions shall show proof of Florida residency for purposes of establishing their eligibility to receive funds from state student financial assistance programs which specify minimum residency requirements. Such residency shall be determined in a manner consistent with the provisions of Section 1009.21, F.S., and Rule 6A-10.044, F.A.C., and this rule.

(2) Students shall have established and maintained residency for a minimum of twelve (12) consecutive months immediately preceding the first day of classes for the first term of the academic year for which state aid is requested.

(3) Students who claim Florida residency shall sign a statement attesting to the fact that they have been a bona fide resident for purposes other than education for the required time as specified in subsection 6A-20.003(2), F.A.C. The statement shall be a part of the application for state student aid programs. Institutions shall be responsible for determining the students’ residency status.

(4) Individuals exempted from Florida residency requirements in Section 1009.21, F.S., shall be exempt for the purposes of state student financial assistance.

(5) Verification of Florida residency shall be the responsibility of the postsecondary institution.

History

• Rulemaking Authority 1001.02(1), 1009.93(4) FS. Law Implemented 1001.02, 1009.40, 1009.93 FS. History–New 12-9-86, Amended 2-18-93, 9-22-08.

Fla. Admin. Code R. 6A-20.004 Academic Progress as a Requirement for the Receipt of State Student Aid

History

• Rulemaking Authority 229.053(1) FS. Law Implemented 229.053, 240.404 FS. History–New 12-9-86, Amended 2-18-93, Repealed 3-20-96.

Fla. Admin. Code R. 6A-20.005 Participation in the College-Level Communication and Computation Skills Testing Program as a Requirement for State Student Financial Aid Awards

History

• Rulemaking Authority 229.053(1), 240.404(2), 240.424(1) FS. Law Implemented 229.053(2)(d), 240.404(1)(a)2., (3), 240.409(2)(a), 240.437(2)(f) FS. History–New 4-10-85, Formerly 6A-7.17, 6A-7.017, Amended 12-9-86, 4-13-88, 12-18-90, Repealed 12-22-97.

Fla. Admin. Code R. 6A-20.006 Selective Service Registration as a Requirement for the Receipt of State Student Aid

History

• Rulemaking Authority 229.053(1), 240.404(2) FS. Law Implemented 240.4045 FS. History–New 12-16-86, Amended 12-18-90, 3-24-92, 2-18-93, Repealed 12-22-97.

Fla. Admin. Code R. 6A-20.007 William L. Boyd, IV, Effective Access to Student Education Grants

(1) Eligibility Criteria for Awards. To receive aid, a student shall meet the provisions of Sections 1009.89, 1009.521, 1009.42 and 1009.40, F.S. and Rules 6A-20.001, 6A-20.003 and 6A-20.0371, F.A.C., and:

(a) Meet the application procedures established by the participating institution.

(b) Not have previously received a bachelor’s degree.

(c) Be enrolled in a degree program in an eligible institution, pursuant to Sections 1009.521 or 1009.89(3), F.S.

(d) Not be enrolled in a degree program which has the primary purpose of advancing or impeding religion.

(e) Be enrolled for a minimum of twelve (12) credits at the end of the regular registration period, inclusive of the drop-add period, for each academic term in which aid is received.

(f) Have been a bona fide Florida resident, pursuant to Section 1009.21, F.S. and Rule 6A-20.003, F.A.C., for twelve (12) months prior to the first day of class for the first academic term for which funds are being requested.

(g) Not owe a repayment of a grant under the Pell Grant, Supplemental Educational Opportunity Grant, or any state grant or scholarship program.

(h) Not be in default on any federal or state student loan program, unless satisfactory arrangements to repay the loan have been made.

(i) Renewal award. Eligibility for the renewal of awards pursuant to Section 1009.40(1)(b), F.S., shall be evaluated at the end of the second semester or third quarter of each academic year. As a condition for renewal, a student shall:

1. Have earned, at the last institution attended, a minimum cumulative grade point average of 2.0 on a 4.0 scale; and,

2. Have earned during the previous summer and two (2) semesters or three (3) quarters, if a renewal applicant, twelve (12) credit hours per term, or the equivalent, for the number of terms for which the award was received. A student who has received the funds through this program who fails to earn the required credits shall be ineligible for a renewal award.

(j) Probationary award. A student who earns the minimum number of credits required for renewal, but who fails to meet the minimum 2.0 cumulative grade point average, may be granted a probationary award for two (2) semesters or three (3) quarters. To be eligible for renewal the following year, each such student shall have earned the required credits and a cumulative grade point average of 2.0 on a 4.0 scale by the end of the probationary period.

(k) Restoration award. A student who fails to meet the renewal requirements stated in subparagraph (1)(i)2. and paragraph (1)(j) of this rule shall, after two (2) semesters or three (3) quarters, be eligible to apply for restoration. Each such student may be eligible for a restoration if he has an earned grade point average of 2.0 on a 4.0 scale at the end of the second semester or third quarter of the academic year for which he was ineligible for an award.

(l) Reinstatement awards. A student who met the requirements for a renewal award, but did not receive an award during a full year of eligibility and wishes to reestablish use of the grant may apply for reinstatement in any subsequent year provided the student has earned a cumulative grade point average of 2.0 on a 4.0 scale as of the end of the second semester or third quarter of the academic year preceding the year the award is sought.

(2) Appeals. An applicant may appeal decisions of ineligibility made due to failure to meet academic progress requirements or errors made by the Office of Student Financial Assistance under the provisions of Rule 6A-20.0371, F.A.C.

(3) Maximum Terms of Eligibility. A student shall be eligible to receive financial aid for a maximum of nine (9) semesters or fourteen (14) quarters. However, pursuant to Section 1009.40(3), F.S., a student participating in college preparatory instruction, a student requiring additional time to complete the college-level communication and computation skills testing program, or a student enrolled in a five-year undergraduate degree program shall be eligible to receive financial aid for a maximum of ten (10) semesters or fifteen (15) quarters. Five-year eligibility does not extend to a program of study which leads to the simultaneous award of a graduate and undergraduate degree.

(4) Amount of Awards. The amount of the annual award is specified in the General Appropriations Act. Awards for the first academic term shall be one-half of the annual award for semester schools and one-third of the annual award for quarter schools. However, should the funds requisitioned by participating institutions, in accordance with subsection (5) of this rule, exceed the appropriation, the Department shall prorate awards for the second semester or second and third quarters accordingly.

(5) Institutional Responsibilities. The institution each academic term shall determine the eligibility of students and notify students of their award eligibility. The institution shall certify to the Department utilizing the State Student Financial Aid Database, no later than October 30 and February 28 for first and second semesters or quarters respectively, and April 15 for third quarter, each student’s enrollment and eligibility status. This certification shall include a list of eligible students awarded and official certification of each student’s eligibility. When awarding and requisitioning funds for a student receiving other aid designated for tuition and fees, the institution shall assure that the amount of the grant, when combined with such aid, does not exceed the cost of the student’s tuition and fees. Refunds shall be received by the Department within sixty (60) days of the end of the institution’s regular registration period, inclusive of the drop-add period.

(6) Supplemental Requisitions for Payment. Institutions submitting supplemental requisitions for additional students may receive payment for such students at the end of the academic year. Supplemental requisitions will be honored by the Department to the extent that funds are available after all regular requisitions have been funded.

(7) Payments of Awards. The Department shall provide for the delivery of funds to students by transmitting the funds each academic term to the institutions for distribution.

History

• Rulemaking Authority 1001.02(1), 1009.89(2) FS. Law Implemented 1009.40, 1009.42, 1009.521, 1009.89 FS. History–New 9-27-79, Amended 3-23-83, Formerly 6A-7.397, 6A-7.0397, Amended 12-25-86, 1-11-88, 4-3-90, 10-18-94, 10-15-02, 9-22-08, 2-20-24.

Fla. Admin. Code R. 6A-20.0071 Florida Public Postsecondary Career Education Student Assistance Grant

(1) General Eligibility Requirements. To receive aid, a student shall meet the provisions of Sections 1009.21, 1009.40, and 1009.505, Florida Statutes (F.S.), and Rules 6A-20.001, 6A-20.003, and 6A-20.0371, F.A.C., and:

(a) Be enrolled at a Florida College System institution as set forth in Section 1000.21(3), F.S., or a career center operated by a school district as set forth in Section 1001.44, F.S., in a certificate program as defined in Section 1009.505(2)(c), F.S.;

(b) Be enrolled full-time, three-quarter-time, or half-time, as defined in Rule 6A-20.001, F.A.C., at the end of the drop-add period for each academic term in which the award is received, with award amounts commensurate with the level of enrollment;

(c) Be a United States citizen, permanent resident, or eligible noncitizen pursuant to regulations established by the U.S. Congress or the U.S. Department of Education for the receipt of federal student financial assistance;

(d) Meet the measurable progress standards of the institution;

(e) Have applied for a Pell Grant and not owe a repayment of a grant under the Pell Grant, Supplemental Educational Opportunity Grant, or any state grant or scholarship program, unless satisfactory arrangements to repay the grant have been made; and

(f) Not be in default on any state loan program or any federal Title IV loan program, unless satisfactory arrangements to repay the loan have been made.

(2) Reinstatement awards. A student who met the requirements for renewal provided in Section 1009.40, F.S., but did not receive an award for a full academic year shall be eligible to apply for reinstatement during a subsequent application period. Each such student may be eligible for reinstatement if the student has earned a cumulative grade point average of 2.0 on a 4.0 scale at the last institution attended.

(3) Restoration awards. A student who fails to meet the renewal provisions of Section 1009.40, F.S., shall be eligible to apply for restoration during a subsequent application period. Each such student may be eligible for restoration if the student has earned an institutional cumulative grade point average of 2.0 on a 4.0 scale.

(4) Appeals. An applicant may appeal the denial of an award pursuant to Section 1009.42, F.S., and Rule 6A-20.0371, F.A.C.

(5) Period of the award. An award is made for the two (2) semesters or three (3) quarters or the equivalent of an academic year. An award may be made for an additional term in the summer if the student was enrolled during one of the prior two (2) semesters or three (3) quarters or the equivalent within an academic year.

(6) Award procedures.

(a) The institution must make preliminary determinations of student eligibility based on information it receives from the need analysis processor, cumulative grade point average, and earned credit information.

(b) The institution must prioritize students within one term of certificate completion for summer awards.

(c) A student’s award shall not exceed the demonstrated unmet need.

(d) When estimating individual award amounts, institutions shall take into consideration a standard cost of education budget, expected family contribution, and estimated Pell Grant award amounts.

(e) Each institution shall verify the eligibility of such students and provide individual award notices to the students.

(7) Institutional responsibilities.

(a) Reporting. Within thirty (30) days of the end of the institution’s regular drop/add period for each term, institutions shall report to the Florida Department of Education:

1. The social security number and amount awarded to each student; and

2. The social security number of each student who is eligible for the grant, but who was not awarded grant funds.

(b) Refunds. Institutions must remit refunds with accompanying documentation to the department within sixty (60) days of the end of the institution’s regular spring term registration period or within sixty (60) days of the date of the transmittal of supplemental warrants. Exceptions to the refund deadline may be granted to institutions if the institution submits documentation of plans to disburse subsequent summer term awards to the department within sixty (60) days of the end of the intitution’s regular spring term registration period.

(c) Summer Term Reporting and Refunds. Each institution using summer term funds must report to the department within thirty (30) days of the end of institution’s regular drop/add period, the social security number and amount awarded to each student. Institutions using funds for the summer term must remit refunds and submit accompanying documentation to the department within thirty (30) days after the end of the summer term.

(8) Allocations. Each institution will receive a minimum base allocation of ninety (90) percent of disbursements for the prior fiscal year or a proportional amount when funds are insufficient to make such allocation. From remaining funds, each institution will receive a proportional amount based on the average number of FTE disbursed students and total unduplicated number of otherwise eligible students reported for the prior three (3) years.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1009.505(5) FS. Law Implemented 1009.40, 1009.505 FS. History‒New 5-3-22, Amended 2-21-23.

Fla. Admin. Code R. 6A-20.008 Florida Undergraduate Scholars’ Fund

History

• Rulemaking Authority 229.053(1), 240.404(6), 240.4042(1) FS. Law Implemented 240.1201, 240.402, 240.404, 240.4042, 240.4045 FS. History–New 9-23-81, Amended 9-2-82, 3-23-83, Formerly 6A-7.291, 6A-7.0291, Amended 12-9-86, 1-11-88, 4-3-90, 7-1-93, 2-15-95, 3-20-96, Repealed 12-22-97.

Fla. Admin. Code R. 6A-20.009 State Student Assistance Grant Fund

History

• Rulemaking Authority 229.053(1), 240.409(1) FS. Law Implemented 240.404, 240.409 FS. History–New 8-19-72, Amended 10-20-73, 11-17-73, 12-5-74, 10-7-75, 8-2-79, 8-25-82, 11-5-85, Formerly 6A-7.293, 6A-7.0393, Amended 12-25-86, Repealed 3-24-92.

Fla. Admin. Code R. 6A-20.010 Critical Teacher Shortage Scholarship Loan Program

History

• Rulemaking Authority 229.053(1), 240.4062(1), 240.465(7) FS. Law Implemented 240.404, 240.4045, 240.4062, 240.465 FS. History–New 5-24-84, Formerly 6A-7.161, 6A-7.0161, Amended 12-25-86, 1-11-88, 3-22-89, 4-19-90, 10-6-92, 2-15-95, Repealed 12-22-97.

Fla. Admin. Code R. 6A-20.011 “Chappie” James Most Promising Teacher Scholarship Loan Program

History

• Rulemaking Authority 229.053(1), 240.4068(9), 240.465(7) FS. Law Implemented 240.404, 240.4042, 240.4045, 240.4068, 240.465 FS. History–New 6-1-86, Amended 12-31-86, 1-11-88, 3-22-89, 4-19-90, 3-24-92, 10-6-92, 10-18-94, 2-15-95, Repealed 12-22-97.

Fla. Admin. Code R. 6A-20.012 Critical Teacher Shortage Tuition Reimbursement Program

History

• Rulemaking Authority 1009.58(2) FS. Law Implemented 1009.58 FS. History–New 5-24-84, Formerly 6A-7.163, 6A-7.0163, Amended 12-25-86, 3-22-89, 3-6-94, 10-15-02, 9-22-08, Repealed by Chapter 2011-37, Laws of Florida, 5-5-11.

Fla. Admin. Code R. 6A-20.013 Critical Teacher Shortage Student Loan Forgiveness Program

History

• Rulemaking Authority 1001.02(1), 1009.59(4) FS. Law Implemented 1009.59 FS. History–New 5-24-84, Formerly 6A-7.162, 6A-7.0162, Amended 12-25-86, 3-22-89, 5-16-90, 2-15-95, 10-15-02, 9-22-08, Repealed by Chapter 2011-37, Laws of Florida, 5-5-11.

Fla. Admin. Code R. 6A-20.0131 Critical Teacher Shortages

(1) On or before January 31 of each year, the Commissioner shall recommend to the State Board for approval the specific teaching areas and high priority locations in which critical teacher shortages are projected for the public schools during the year following the academic year in which approval is made.

(2) In accordance with procedures approved by the Commissioner, a list of critical teacher shortage areas shall be prepared based on consideration of current supply and demand information, vacancy information in each teaching discipline, and emerging educational requirements. In addition, data related to Florida public school instructional personnel shall include but not be limited to:

(a) The number and percentage of positions in each discipline filled by teachers not certified in the appropriate field;

(b) The annual supply of graduates of state approved Florida teacher education programs for each discipline; and,

(c) Critical teacher shortage areas which may be identified pursuant to rules adopted by district school boards. Such areas shall be identified based on consideration of at least the information specified in paragraphs (2)(a) and (b) of this rule and shall be submitted to the Department no later than June 1 of each year.

(3) Based on data submitted annually by each school district, the Commissioner shall rank all public schools in accordance with the criteria provided in Section 1012.07, F.S., and shall select from this ranked list those schools to be identified as high priority locations.

(4) Based on the recommendations of the Commissioner, the State Board shall adopt a list of approved critical teacher shortage areas and high priority locations.

History

• Rulemaking Authority 1001.02(1), 1012.07 FS. Law Implemented 1012.07 FS. History–New 5-24-84, Formerly 6A-7.16, 6A-7.016, Amended 10-18-94, 5-3-01, 4-8-12.

Fla. Admin. Code R. 6A-20.014 Florida Graduate Scholars’ Fund

History

• Rulemaking Authority 229.053(1), 240.4025(6) FS. Law Implemented 240.4025, 240.404, 240.4045 FS. History–New 6-1-86, Amended 12-28-86, 5-16-90, Repealed 12-22-97.

Fla. Admin. Code R. 6A-20.015 Masters’ Fellowship Loan Program for Teachers

History

• Rulemaking Authority 229.053(1), 240.4066(8), 240.465(7) FS. Law Implemented 240.4045, 240.4066, 240.465 FS. History–New 6-1-86, Amended 12-28-86, 3-22-89, 4-19-90, 3-24-92, 10-6-92, 2-21-95, Repealed 12-22-97.

Fla. Admin. Code R. 6A-20.016 College Career Work Experience Program

History

• Rulemaking Authority 120.55(1)(a)4., 229.053(1), 240.603 FS. Law Implemented 240.404, 240.4042, 240.4045, 240.60, 240.601, 240.602, 240.603 FS. History–New 9-2-82, Amended 4-5-83, Formerly 6A-7.293, 6A-7.0293, Amended 12-28-86, 3-24-92, 7-1-93, Repealed 11-15-93.

Fla. Admin. Code R. 6A-20.017 Public School Work Experience Program

History

• Rulemaking Authority 120.55(1)(a)4., 229.053(1) FS. Law Implemented 240.404, 240.4042, 240.4045, 240.604 FS. History–New 12-28-86, Amended 2-16-88, 3-24-92, 7-1-93, Repealed 11-15-93.

Fla. Admin. Code R. 6A-20.018 Ex-Confederate Soldiers’ and Sailors’ Home Endowment Trust Fund

History

• Rulemaking Authority 229.053(1), 240.403 FS. Law Implemented 240.403, 240.404, 240.4045 FS. History–New 12-28-86, Amended 5-16-90, Repealed 2-18-93.

Fla. Admin. Code R. 6A-20.019 Children and Spouses of Deceased or Disabled Veterans or Children of Servicemembers Classified as Prisoners of War or Missing in Action Scholarships

(1) Eligibility criteria for awards. To receive aid, a student shall meet the provisions of Sections 295.01, 295.02, 295.03, 295.04, and 295.05, 1009.40, 1009.42, F.S., and Section 295.015 or 295.016 or 295.017 or 295.018 or 295.019 or 295.0195, F.S., and Rules 6A-20.001 and 6A-20.0371, F.A.C., and:

(a) Submit, for each academic year on or before April 1, Form FFAA-1, Florida Financial Aid for Students, and Form CDDV-1, DVA Certification Record. Forms FFAA-1 and CDDV-1 are hereby incorporated by reference and made a part of this rule to become effective with the effective date of this rule. A copy of Forms FFAA-1 and CDDV-1 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. CDDV-1, DVA Certification Record, shall be completed online via the State Student Financial Aid Database by the Department of Veterans Affairs.

(b) Be enrolled at a state university, state community college, state postsecondary vocational-technical school, or any postsecondary institution pursuant to Section 1009.533, F.S.

(c) Be enrolled for a minimum of six (6) credit hours, or one hundred eighty (180) clock hours, at the end of the regular registration period, inclusive of the drop-add period, for each academic term in which aid is received.

(d) Not have previously received a bachelor’s degree.

(e) Not owe a repayment of a grant under the Pell Grant, Supplemental Educational Opportunity Grant, or any state scholarship or grant program.

(f) Not be in default on a National Defense Loan, National Direct Loan, Guaranteed Student Loan, Federally Insured Student Loan, Parent Loans for Undergraduate Students, Auxiliary Loans to Assist Students, or any state loan program, unless satisfactory arrangements to repay the loan have been made.

(g) Renewal award. Eligibility for the renewal of awards shall be evaluated at the end of the second semester or third quarter of each academic year. As a condition for renewal, a student shall:

1. Have earned, at the last institution attended, a minimum cumulative grade point average of 2.0 on a 4.0 scale; and,

2. Have earned during the previous summer and two (2) semesters or three (3) quarters, if a renewal applicant, six (6) credit hours or one hundred eighty (180) clock hours per term or the equivalent for the number of terms for which the award was received.

(h) Restoration award. A student who has received funds through this program who fails to earn the required credits shall be ineligible for an award the following year. However, such student may be considered for restoration after one year, if the student has an earned cumulative grade point average of 2.0 on a 4.0 scale.

(i) Probationary award. Pursuant to Section 1009.40(1)(b)2., F.S., a student who earns the minimum number of credits required for renewal, but who fails to meet the minimum 2.0 cumulative grade point average, may be granted a probationary award for two (2) semesters or three (3) quarters. To be eligible for renewal the following academic year, each such student shall have earned the required credits and a cumulative grade point average of 2.0 on a 4.0 scale by the end of the probationary period.

(j) Reinstatement awards. A student who met the requirements for a renewal award but did not receive an award during a full year of eligibility and wishes to reestablish use of the scholarship may apply for reinstatement in any subsequent year provided that the student has earned a cumulative grade point average of 2.0 on a 4.0 scale as of the end of the second semester or third quarter of the academic year preceding the year the award is sought.

(2) Appeals. A student who receives state student aid and subsequently fails to meet state academic progress requirements due to verifiable illness or other emergencies may, pursuant to Section 1009.40(1)(b)4., F.S., be granted an exception from the academic requirements. An applicant may appeal the denial of an award pursuant to Sections 1009.40 and 1009.42, F.S., and Rule 6A-20.0371, F.A.C.

(3) Maximum hours of eligibility. A student shall be eligible to receive financial aid for a maximum of one hundred ten (110) percent of certificate, diploma, associate or baccalaureate program of study in which enrolled.

(4) Verification of student eligibility. The Department shall be responsible for verifying applicant’s eligibility.

(5) Period of award. Scholarships shall be awarded annually for the following academic year.

(6) Amount of award. The maximum amount of a scholarship shall be the amount of tuition and registration fees assessed the student at the end of regular registration, inclusive of the drop-add period. A student who receives a Children and Spouses of Deceased or Disabled Veterans Scholarship, who is enrolled in a nonpublic postsecondary institution, and who is assessed tuition and fees that are the same as those of a full-time student at that institution, shall receive a fixed award calculated by using the average matriculation and fee calculation for full-time attendance at a public postsecondary education institution at the comparable level. A student enrolled part-time shall receive a reduced award by either one-half or three-fourths of the maximum award, depending on the level or fees assessed.

(7) Award procedures. The Department shall, if funds are insufficient to award all eligible applicants, prorate awards The Department shall notify students and institutions of the student’s award eligibility.

(8) Late applications. Applications received after April 1 will be awarded on a first come first served basis if sufficient funds remain.

(9) Institutional responsibilities. Participating institutions shall verify the continued eligibility of awarded students, provide for the disbursement of funds to students, comply with the Department’s reporting requirements, and refund to the Department any undisbursed funds. Institutions shall certify to the Department, each academic term within thirty (30) days of the end of the regular registration period, the student’s enrollment, continued eligibility, and the award amount. Refunds shall be received by the Department within sixty (60) days of the end of the institution’s regular registration period, inclusive of the drop-add period.

(10) Payment of awards. The Department shall provide for the delivery of funds to students by transmitting the funds to the institution for distribution.

History

• Rulemaking Authority 295.01(3), 295.02, 1001.02(1) FS. Law Implemented 295.01, 295.015, 295.016, 295.017, 295.018, 295.019, 295.0195, 295.02, 295.03, 295.04, 295.05, 1009.42, 1009.5385 FS. History–New 12-28-86, Amended 3-22-89, 5-16-90, 3-24-92, 10-18-94, 11-3-02, 5-21-07, 9-22-08.

Fla. Admin. Code R. 6A-20.020 Seminole and Miccosukee Indian Scholarships

History

• Rulemaking Authority 229.053(1), 240.413(1) FS. Law Implemented 240.404, 240.413 FS. History–New 10-15-80, Amended 3-23-83, Formerly 6A-7.292, 6A-7.0292, Amended 12-25-86, 12-18-90, 3-15-94, 10-15-02, Repealed by Chapter 2014-39, Laws of Florida, 5-12-14.

Fla. Admin. Code R. 6A-20.021 Medical Education Loan Reimbursement Program

History

• Rulemaking Authority 120.55(1)(a)4., 229.053(1), 240.4067(3) FS. Law Implemented 240.4067 FS. History–New 12-28-86, Repealed 3-20-96.

Fla. Admin. Code R. 6A-20.022 Challenger Astronauts Memorial Undergraduate Scholarship Program

History

• Rulemaking Authority 240.408(8) FS. Law Implemented 240.404, 240.4042, 240.4045, 240.408 FS. History–New 12-28-86, Amended 1-11-88, 4-3-90, 3-24-92, 10-18-94, Repealed 12-22-97.

Fla. Admin. Code R. 6A-20.023 Jose Marti Scholarship Challenge Grant Fund

(1) General eligibility criteria. To receive aid, a student shall meet the provisions of Sections 1009.40, 1009.42, and 1009.72, F.S., and Rules 6A-20.001, 6A-20.003 and 6A-20.0371, F.A.C., and:

(a) Be a Hispanic-American or a person of Spanish culture who was born in, or whose natural parent was born in, either Mexico, or a Hispanic country of the Caribbean, Central America or South America, regardless of race.

(b) Complete and submit annually, a need analysis form known as the Free Application for Federal Student Aid or FAFSA, July 1, 2016 – June 30, 2017, and incorporated herein by reference, in time to be processed error-free by May 15. The Free Application for Federal Student Aid (http://www.flrules.org/Gateway/reference.asp?No=Ref-06466) form is available at www.fafsa.gov.

(c) Have been a bona fide Florida resident for twelve (12) months prior to the first day of classes for the fall term of the academic year for which funds are being requested pursuant to Section 1009.21, F.S., and Rule 6A-20.003, F.A.C.

(d) Be a United States citizen or permanent resident pursuant to regulations established by the U.S. Congress or the U.S. Department of Education for the receipt of federal financial assistance.

(e) Be enrolled in a degree program in a state university or Florida college authorized by Florida law, or any Florida, university or college which is accredited by an association whose standards are comparable to the minimum standards required to operate a postsecondary institution at that level in Florida.

(f) Be enrolled for a minimum of twelve (12) credits for undergraduate study, or nine (9) credits for graduate study, at the end of the regular registration period inclusive of the drop-add period for each academic term in which aid is received.

(g) Demonstrate sufficient financial need to receive a full two thousand (2,000) dollar scholarship. Student financial need is the student’s cost of education less the family contribution as determined by the need analysis service.

(h) Not owe a repayment of a state or federal student grant or scholarship unless satisfactory repayment arrangements have been made.

(i) Not be in default on a state or federal student loan unless satisfactory repayment arrangements have been made.

(2) Eligibility for initial awards. To be eligible for an initial award a student must:

(a) For undergraduate study, submit Form FFAA-1, Florida Financial Aid Application for Students, as incorporated by reference in Rule 6A-20.019, F.A.C., and Form CHS-1, High School Certification, which is hereby incorporated by reference and made a part of this rule to become effective with the effective date of this rule, postmarked or electronically dated by April 1 during the applicant’s last year in high school. For graduate study, submit Form FFAA-1 and Form CPSI-1, Postsecondary Institution Certification, as incorporated by reference in Rule 6A-20.019, F.A.C., postmarked or electronically dated by April 1 immediately prior to the academic year for which funds are being requested. A copy of Form FFAA-1, Form CHS-1, and Form CPSI-1 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(b) For undergraduate study, have earned by the end of the seventh semester of high school, a 3.0 unweighted grade point average on a 4.0 scale for high school subjects creditable towards a diploma. For graduate study, have earned a 3.0 cumulative grade point average on a 4.0 scale for undergraduate college level course work completed by the date of application. Grades must be certified for undergraduate study by the applicant’s high school or graduate study by the applicant’s postsecondary institution no later than May 15. Eligibility determinations shall not be influenced, positively or negatively, by grade point averages calculated subsequent to the application period. Unweighted grade point averages shall be computed to three (3) decimals and shall not be rounded.

(c) Meet the general eligibility requirements in subsection (1) of Rule 6A-20.023, F.A.C.

(3) Eligibility for renewal awards. Eligibility for renewal of an award shall be evaluated at the end of the second semester or third quarter of each academic year. A renewal award may be made to an applicant who used one (1) or more terms of eligibility for an award during the academic year immediately preceding the academic year for which applying, and who:

(a) Meets the general eligibility requirements in subsection (1) of Rule 6A-20.023, F.A.C.

(b) Has earned, at the last institution attended, a minimum cumulative grade point average of 3.0 on a 4.0 scale.

(c) For undergraduate study, has earned during the previous two (2) semesters or three (3) quarters, at least twelve (12) credit hours per term or the equivalent for the number of terms for which the award was received. For graduate study, has earned during the previous two (2) semesters or three (3) quarters, at least nine (9) credit hours per term or the equivalent for the number of terms for which the award was received. An undergraduate or graduate student who does not earn the required credits shall be ineligible to continue on the program, except as provided in subsections (7) and (8) of Rule 6A-20.023, F.A.C.

(4) Probationary awards. A student who has received funds through this program and who fails to earn a minimum grade point average of 3.0 on a 4.0 scale may be granted a probationary award for one (1) academic year, not to exceed two (2) semesters or three (3) quarters. A student who does not earn a 3.0 grade point average on a 4.0 scale by the end of the spring semester or third quarter of the probationary academic year shall be ineligible to continue for one (1) academic year.

(5) Reinstatement. A student who met the requirements for an award but did not accept an award during the first full year of eligibility and wishes to re-establish use of the scholarship must apply for reinstatement no later than April 1. A student who applies for reinstatement must also complete a need analysis form in time to be processed error-free by May 15.

(6) Restoration. A student who failed to meet the requirements for renewal of a probationary award is eligible to apply for restoration after one (1) academic year if the student has earned a minimum cumulative grade point average of 3.0 on a 4.0 scale as of the end of the second semester or third quarter of the academic year preceding the year the award is sought. A student who applies for restoration must also complete a need analysis in time to be processed error-free by May 15.

(7) Appeals. A student who receives state student aid and subsequently fails to meet state academic progress requirements described in paragraph (3)(c) of Rule 6A-20.023, F.A.C., due to verifiable illness or other emergencies may be granted an exception from the academic requirements, pursuant to Section 1009.40(1)(b)4., F.S.

(8) Maximum terms of eligibility.

(a) An undergraduate student shall be eligible to receive financial aid for a maximum of one hundred ten (110) percent of the number of credit hours required to complete the program of study in which enrolled, or until receipt of a first baccalaureate degree, whichever occurs first. Five-year eligibility may apply to a program of study which leads to a simultaneous award of a graduate and an undergraduate degree. Additional terms of eligibility for five-year programs will be allowed based on the number of credit hours required by the institution for completion of the program of study.

(b) A graduate student shall be eligible to receive financial aid for a maximum of four (4) semesters or six (6) quarters.

(c) A student who used any terms of eligibility as an undergraduate student may subsequently apply for an award for graduate study. However, such student will be considered as an initial graduate applicant for purposes of eligibility determination and award distribution.

(9) Amount of awards. The amount of each annual award is two thousand (2,000) dollars.

(10) Award distribution. The department shall make awards based on the annual appropriation and the amount of contributions received by the department. Priority in the distribution of funds will be as follows:

(a) Eligible renewal applicants shall be first given priority,

(b) Second priority for awards will be given to initial undergraduate applicants who shall first be ranked by the least family contribution as determined by the need analysis form,

1. Then by high school grade point average,

2. And, if necessary, by the postmarked or electronic receipt date of Form FFAA-1,

(c) Third priority for awards will be given to reinstatement applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specific on the need analysis form and second by the earliest postmark or electronic receipt date of Form FFAA-1. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection.

(d) Fourth priority for awards will be given to restoration applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specified on the need analysis form and second by the earliest postmark or electronic receipt date of Form FFAA-1. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection.

(e) From funds remaining, initial graduate applicants shall be ranked and awarded, based on the least family contribution and then by undergraduate grade point average and, finally, on the postmark date of the Form FFAA-1.

(11) Institutional responsibilities. Participating institutions shall verify the continued eligibility of awarded students, provide for the disbursement of funds to students, and comply with the department’s reporting requirements. Within thirty (30) days of the end of the regular registration period each term, the institution shall notify the department of the eligibility status of each awarded student. The institution shall remit refunds and submit accompanying documentation to the department within sixty (60) days of the end of the institution’s regular registration period. For supplemental awards, the institution will notify the department of the eligibility status of awarded students within thirty (30) days of the date that the warrant was mailed by the department. Refunds and accompanying documentation shall be received by the department within sixty (60) days of the date that the warrant was mailed by the department.

(12) Award procedures. The department shall notify students and institutions of the students’ eligibility for awards, and shall provide for the delivery of funds to students by transmitting funds each academic term to the institutions for distribution.

(13) Contributions from private sources. Scholarship contributions to the Jose Marti Scholarship Challenge Grant Fund from private sources may be accepted by the department and deposited in the State Student Financial Assistance Trust Fund.

History

• Rulemaking Authority 1001.02(1), 1009.72(1) FS. Law Implemented 1009.40, 1009.72 FS. History–New 12-28-86, Amended 5-16-90, 2-15-95, 10-15-02, 9-22-08, 3-22-12, 3-23-16.

Fla. Admin. Code R. 6A-20.024 Collection and Settlement of Delinquent State Loan Accounts

The Commissioner shall exercise every reasonable effort to collect all amounts due on student loan agreements. When such effort has not resulted in the collection of a loan and it is determined that an account is severely delinquent, the Commissioner is authorized to implement the following procedures:

(1) For those accounts determined to be severely delinquent, the Commissioner is authorized to contract for commercial collection services to assist in collecting the amount due. The terms of the contract shall include a detailed description of all obligations and procedures of both parties.

(a) To be classified as severely delinquent, an account must have a minimum of four (4) payments past due.

(b) Accounts assigned to a commercial collection agency shall be assigned and settled in the following manner:

1. Interest shall continue to accrue.

2. The principal balance, plus accrued interest to date of assignment, shall be the amount assigned.

3. The account shall be considered paid in full when the borrower pays the collection agency the assigned amount plus accrued interest.

4. The Commissioner or designee shall provide the collection agency all appropriate information from Department files about the account.

(c) The collection agency shall return to the Commissioner without charge or claim to any future commission any assigned account for which:

1. The borrower has proven that the account was entitled to deferment or cancellation provisions during the period of delinquency for which the account was assigned.

2. Notice of the death of the borrower has been received.

3. Notice of bankruptcy of the borrower has been received.

4. Notice of the total and permanent disability of the borrower has been received.

5. The collection agency has been unable to contact the borrower for a period of six (6) months.

(d) The collection agency shall maintain complete and accurate records of assigned accounts and shall provide the Commissioner or designee with monthly reports on the status of each assigned account.

(e) The collection agency shall provide services pursuant to a written contract; provided, however, that no contract shall provide for and no agency shall be paid a commission in excess of thirty-five (35) percent of the amount collected on an assigned account.

(2) The Commissioner shall have the authority to charge off unpaid and uncancelled scholarship loan notes or student loan agreements which are deemed to be uncollectible; provided, however, that no account of any borrower determined to have known assets subject to suit shall be uncollectible.

(a) To be charged off as uncollectible, an account shall be at least three (3) years past due.

(b) A record of the historical collection effort shall be fully and uniformly documented on a form designed for the purpose.

(c) The charge off action shall be recommended by the Director of the Office of Student Financial Assistance and approved by the Commissioner.

(d) The balance of all accounts charged off as uncollectible shall be placed in a recovery account as provided in subsection 6A-20.024(3), F.A.C.

(e) The local credit reporting agency in the last known city of permanent residence of the borrower shall be notified of the charge off action, as well as the agency in the city in which the charge off action takes place.

(3) The Commissioner is authorized to establish a recovery account for the purpose of maintaining accurate records on accounts charged off as uncollectible or otherwise settled.

(a) The account number, balance, date of last payment and date of settlement of each account settled for death, bankruptcy, total disability or uncollectible small balance shall be entered.

(b) The account number, balance, date of last payment and date of charge off of each account charged off as uncollectible shall be entered.

(c) Provision shall be made for credit of any payment received after the date of the charge off.

(d) Totals of amounts settled or charged off as uncollectible in each type of scholarship or loan program account shall be maintained.

History

• Rulemaking Authority 1001.02(1), 1009.95(7) FS. Law Implemented 1009.95 FS. History–New 10-7-75, Amended 12-9-75, Formerly 6A-7.395, 6A-7.0395, Amended 12-28-86.

Fla. Admin. Code R. 6A-20.025 Grants for Teachers for Special Training in Exceptional Student Education

(1) Eligibility criteria. To be eligible to receive a tuition reimbursement grant for special training in exceptional student education, the applicant shall:

(a) Hold a full-time contract to teach in a district school system, a state operated or a state supported program, or an agency or organization under contract with the Department.

(b) Hold a valid Florida educator’s certificate that does not reflect an exceptional student education coverage or endorsement which is appropriate for the assignment.

(c) Complete specialization course(s) needed for certification in the area in which he or she is assigned to teach with a minimum grade of 3.0 on a 4.0 scale.

(d) Submit completed Form FFAA-2, Florida Financial Aid Application for Teachers, Form CPSI-1, Postsecondary Institution Certification, and Form CEMP-1, Employment Certification, as incorporated by reference in Rule 6A-20.012, F.A.C. These forms may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(2) Review agency. Pending review of the application by the Department of Education, the applicant shall receive notification of award eligibility.

(3) Reimbursement. Eligible applicants may receive tuition reimbursement not to exceed nine (9) semester hours, or the equivalent quarter hours, per term. Reimbursement shall be at a rate consistent with that established for programs authorized by Section 240.4064, F.S. No special fees charged by the universities or colleges shall be included in the payment to a recipient nor shall payments be made if tuition has been paid, waived or assumed, in full, through other sources. For each fiscal year, grants are awarded to the extent of funds appropriated for this program. Awards may be prorated if funds are not available to make full awards.

(4) Fiscal agency. The Office of Student Financial Assistance, Department of Education, upon receipt of eligible applicants, shall provide for payment of eligible applicants to the extent of funds appropriated for the program.

History

• Rulemaking Authority 229.053(1), 240.405(4) FS. Law Implemented 240.405 FS. History–New 4-13-87, Amended 3-6-94, 10-15-02.

Fla. Admin. Code R. 6A-20.026 Virgil Hawkins Fellows Scholarships

History

• Rulemaking Authority 229.053(1), 240.4069(4) FS. Law Implemented 229.053, 240.4042, 240.4045, 240.4069 FS. History–New 11-16-89, Amended 2-18-93, Repealed by Chapter 2014-39, Laws of Florida, 5-12-14.

Fla. Admin. Code R. 6A-20.027 Rosewood Family Scholarship Fund

(1) General eligibility criteria for awards. To receive aid, a student shall meet the provisions of Sections 1009.40, 1009.42 and 1009.55, F.S., and Rules 6A-20.001 and 6A-20.0371, F.A.C., and:

(a) Be a direct descendent of the Rosewood family.

(b) If an initial applicant, submit a completed application to the Florida Department of Education (department), Form FFAA-1, Florida Financial Aid Application, as incorporated by reference in Rule 6A-20.019, F.A.C., by the established April 1 deadline. If a reinstatement or restoration applicant, submit a completed Form FFAA-3, Reinstatement/Restoration Application for Students and Teachers to the Department by the established April 1 deadline. Form FFAA-3 is hereby incorporated by reference in this rule to become effective with the effective date of this rule. A copy of Forms FFAA-1 and FFAA-3, Florida Financial Aid Reinstatement/Restoration Application (effective December 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-04785) to the Department by the established April 1 deadline. Form FFAA-3 is hereby incorporated by reference in this rule. A copy of Forms FFAA-1 and FFAA-3 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(c) Complete and submit annually to the appropriate processor a completed need analysis document which is designed to use the need analysis methodology currently approved by the U.S. Congress:

1. A Florida resident must submit the need analysis document in time for it to be processed, error-free, by the U.S. Department of Education no later than May 15.

2. A non-Florida resident must postmark a copy of the Student Aid Report received from the need analysis agency to the department no later than May 15.

(d) Be enrolled in an undergraduate degree or certificate program at a state university, state Florida college, or state postsecondary vocational-technical school. A certificate-seeking student must be enrolled in a program that requires a minimum of nine hundred (900) clock hours to complete.

(e) At the end of the regular registration period, inclusive of the drop/add period for each academic term for which aid is received, an eligible student shall be:

1. Enrolled for a minimum of twelve (12) credits for a degree program, or

2. Enrolled for a minimum of three hundred sixty (360) clock hours per term for a certificate program, to include the Associate in Applied Science (A.A.S.) Degree.

(f) Not have previously received a baccalaureate degree.

(g) Not owe a repayment of a federal Title IV grant, or any state grant or scholarship unless satisfactory arrangements have been made to repay.

(h) Not be in default on any state or federal student loan program unless satisfactory arrangements have been made to repay.

(2) Academic criteria for renewal awards. Academic eligibility is determined at the end of the second semester or third quarter of each academic year. To be eligible for a renewal award, a student shall:

(a) Have earned a minimum cumulative institutional grade point average of 2.0 on a 4.0 scale for postsecondary work.

(b) If degree-seeking, have earned during the previous summer and two (2) semesters, a minimum of twelve (12) credit hours per term or the equivalent for the number of terms for which the award was received.

(c) If certificate-seeking, have completed eighty (80) percent of the clock hours for which the student was enrolled during the terms for which the award was received. A student who earns less than the required clock hours will be eligible for renewal if the institution certifies that the student successfully completed all competencies on an accelerated basis and that the student was unable to continue full-time enrollment because there were no courses available in the program of study.

(3) Probationary awards. A student who earns the minimum number of credit or clock hours, but who fails to earn the minimum cumulative 2.0 grade point average, may be granted a probationary award for two (2) semesters. To be eligible for renewal the following year, the student must earn the required credit or clock hours for the probationary award year and a cumulative grade point average of 2.0 on a 4.0 scale.

(4) Restoration and reinstatement awards. A student who failed to earn the minimum number of credit or clock hours required for renewal, or who failed to meet the requirements for renewal of a probationary award, is eligible to apply for restoration after one (1) academic year if the student has earned a cumulative grade point average of 2.0 on a 4.0 scale as of the end of the second semester or third quarter of the academic year preceding the year the award is sought. A student who met the requirements for a renewal award but did not receive an award during a full year of eligibility and wishes to reestablish use of the scholarship may apply for reinstatement in any subsequent year.

(5) Maximum terms of eligibility. A student will be eligible to receive an award for a maximum of one hundred ten (110) percent of the number of credit hours to complete program of study in which enrolled or until receipt of the first baccalaureate degree, whichever is less. Additional terms of eligibility for five (5) year degree programs will be based on the number of credit hours required by the institution for completion of the program of study.

(6) Appeals. An applicant may appeal decisions of ineligibility made due to failure to meet academic progress requirements or errors made by the Office of Student Financial Assistance under the provisions of Rule 6A-20.0371, F.A.C.

(7) Amount of award. The amount of each annual award is set in statute.

(8) Award procedures. The department will make awards based on the annual appropriation, not to exceed the number of full awardees set in statute.

(a) A direct descendant of an African-American Rosewood family is an applicant whose ancestor is a member of a family identified as an affected Rosewood resident as provided in Section 1009.55, F.S. The applicant shall provide the department proof sufficient to establish eligibility as a Rosewood descendant as defined by this rule. The department may verify eligibility by using records already in possession of the State of Florida.

(b) Among eligible Rosewood family descendant applicants:

1. First priority will be given to renewal applicants.

2. Second priority for awards will be given to initial applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specified on the need analysis report and second by the earliest postmark or electronic receipt date of the application. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection.

3. Third priority for awards will be given to reinstatement applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specified on the need analysis report and second by the earliest postmark or electronic receipt date of the application. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection.

4. Fourth priority for awards will be given to restoration applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specified on the need analysis report and second by the earliest postmark or electronic receipt date of the application. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection.

(9) Payment of awards. The department will provide for the delivery of funds to students each academic term by transmitting the funds to the institution for distribution to students. To be eligible for payment, the student must be enrolled full time at the end of the institution’s drop/add period. After disbursement of funds to a student or to the student’s account, the student may not return part or all of the award for the purpose of restoring a term of eligibility.

(10) Institutional responsibilities. Participating institutions must verify the continued eligibility of awarded students, provide for the disbursement of funds to students, and comply with the department’s reporting and refund requirements as specified in Rules 6A-20.002 and 6A-20.0021, F.A.C.

History

• Rulemaking Authority 1001.02(1), 1009.55(2) FS. Law Implemented 1009.40, 1009.55 FS. History–New 10-30-94, Amended 10-15-02, 9-22-08, 10-25-10, 12-23-14.

Fla. Admin. Code R. 6A-20.028 Florida Bright Futures Scholarship Program

(1) General eligibility requirements. To receive an initial or renewing Florida Bright Futures Scholarship Program award a student shall:

(a) Not have previously received a recognized baccalaureate degree. A degree is recognized if it is acceptable for purposes of transferring credits to a Bright Futures-eligible institution.

(b) Be enrolled in an eligible Florida postsecondary institution in a degree, certificate, or applied technology program of study.

(c) Be enrolled in a minimum of six (6) semester credit hours, or equivalent quarter or clock credit hours, per term.

(2) Military and public service assignment. For purposes of eligibility, in accordance with Section 1009.531(1)(b)2., F.S.:

(a) Military assignment is defined as active duty assignment, as defined in Section 250.01, F.S.

(b) Public service assignment is defined as the occupational assignment of a Florida resident employed by the United States Government or State of Florida, who as a condition of initial public service employment is relocated to work outside the State of Florida. A student whose parent or guardian is on public service assignment may reside with either a natural parent or another adult designated by either natural parent or guardian. Acceptable proofs of public service assignment are the Request Authorization for Department of Defense Civilian Permanent Duty or Temporary Change (DD Form 1614) or Request and Authorization for Temporary Duty Travel of Department of Defense Personnel (DD Form 1610), and State of Legal Residence Certificate (DD Form 2058). A copy of DD Form 1610, DD Form 1614, and DD Form 2058 may be obtained from the Department of Defense website at http://www.dtic.mil/whs/directives/forms/index.htm.

(3) Initial eligibility requirements.

(a) Information about the scholarship program is made available via the Florida Department of Education (FDOE), Office of Student Financial Assistance (OSFA) website (http://www.floridastudentfinancialaidsg.org).

(b) For purposes of eligibility, in accordance with Section 1009.531(1)(e), F.S., a student is not eligible for a Bright Futures Scholarship if the student has been found guilty of a felony charge by a plea, jury verdict or a judge, or pled nolo contendere to a felony charge but has had adjudication of guilt withheld. However, a student is not deemed to have been found guilty of, or entered a plea of nolo contendere to, a felony charge if the student:

1. Has been tried in juvenile court for a felony charge, or

2. Has been tried as an adult for a felony charge, but adjudicated delinquent in a juvenile proceeding, or

3. Has had his or her criminal record expunged or sealed by a court order.

(c) For the purposes of initial eligibility, in accordance with Section 1009.531(1), F.S.:

1. A Florida public or private high school graduate, GED recipient, or home-educated student whose high school graduation date is no later than August 31 will be initially eligible for the term after the spring of the year of graduation.

2. The student must file the FFAA-1, Florida Financial Aid Application for Students, as incorporated by reference in Rule 6A-20.019, F.A.C., or the Free Application for Federal Student Aid (FAFSA), as incorporated by reference in Rule 6A-20.023, F.A.C., no later than August 31 immediately following high school graduation, and meet all Bright Futures academic requirements provided in Florida Statutes. A copy of Form FFAA-1 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400 or online at https://www.floridastudentfinancialaidsg.org. A copy of the FAFSA is available at www.fafsa.gov.

3. Students who intend to graduate high school mid-year must file the FFAA-1, Florida Financial Aid Application for Students, or the Free Application for Federal Student Aid (FAFSA), by December 31 of the student’s last year in high school, and meet all Bright Futures academic requirements provided in Florida Statutes. A mid-year high school graduate seventh semester evaluation includes completed spring coursework and grades, fall coursework in progress, volunteer service hours or paid work hours, and test scores for test dates through the end of June. A mid-year high school graduate eighth semester evaluation includes all coursework and grades through fall semester of high school graduation, volunteer service hours or paid work hours, and test scores for test dates through the end of January and a graduation date from an official standard diploma or its equivalent.

4. A student’s initial year of eligibility is defined as the first academic year immediately following high school graduation or its equivalent, whether funded or not.

(d) A home-educated student applying for a Florida Bright Futures Scholarship Program award under Section 1009.53(2), F.S., must complete volunteer service hours or paid work hours that meet the following requirements during high school and by high school graduation:

1. Volunteer service hours or paid work hours may not be hours that benefitted the student financially or materially while in the service of family members defined as: parents, grandparents, siblings, aunts, uncles, cousins, nieces, nephews, and spouses, including aforementioned step relations.

2. The agencies where the volunteer service hours or paid work hours were earned must provide on agency letterhead documentation of the number of hours and dates of service or paid work completed.

3. The documented hours must be submitted by the district where the student is registered as a home-educated student.

4. Students attending public or private Florida high schools are required to follow volunteer service hour or paid work hour requirements during high school and by high school graduation as specified in subparagraphs (3)(d)1. and (3)(d)2. of this rule.

5. Volunteer service hours and paid work hours are separate paths to satisfy the hours requirement; however, they may be combined to achieve a minimum of one hundred (100) total hours.

(e) A candidate for initial eligibility for the scholarship may be evaluated following the seventh semester in high school based on his/her grade point average (GPA) in completed courses and in courses-in-progress. Courses-in-progress may include up to one (1) credit per required academic unit as outlined in subparagraph (3)(g)1. of this section, as specified in Rule 6A-1.09441, F.A.C. If this student is found eligible, the student will not be re-evaluated for the same award and will not lose the award unless the student does not earn a standard high school diploma or its equivalent from a Florida public or FDOE registered private high school, or has committed a felony as defined in paragraph (3)(b) of this rule. An eligible seventh semester student will be re-evaluated on an eighth semester final transcript to validate high school graduation with a standard diploma and only may improve his/her award if applicable upon eighth semester information.

(f) GED candidates for initial eligibility for the scholarship may be evaluated based on a cumulative GPA in all required courses, as specified in Rule 6A-1.09441, F.A.C.

(g) Initial Academic Criteria:

1. For the purposes of student eligibility, in accordance with Sections 1009.534(1)(a) and 1009.535(1)(a), F.S., coursework must include a minimum of four (4) credits in English, four (4) credits in mathematics, three (3) credits in science, three (3) credits in social science, and completion of the foreign language component of the scholar designation pursuant to Section 1003.4285, F.S.

a. Required coursework, as listed in the Course Code Directory, incorporated in Rule 6A-1.09441, F.A.C., and, therefore, approved by the State Board of Education for initial eligibility for the Florida Academic Scholars or Florida Medallion Scholars awards, includes the minimum college preparatory academic courses as required for state university system admissions and outlined in the Florida Board of Governors Regulation 6.002 Admission of Undergraduate First-Time-in-College, Degree-Seeking Freshmen which is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07541). A copy of the Florida Board of Governors Regulation 6.002 may be obtained online at https://www.flbog.edu/regulations/active-regulations/ or from the Florida Board of Governors, 325 West Gaines Street, Suite 1614, Tallahassee, Florida 32399-0400.

b. A student may use up to two (2) additional academic college preparatory course credits from the Course Code Directory and/or from fine arts courses in Advanced Placement, International Baccalaureate, or Advanced International Certificate of Education programs to raise the GPA.

c. The GPA on a 4.0 scale shall be computed to two (2) decimals and shall not be rounded. Additional weighting is applied for all courses in level three (3) and above as outlined in the Course Code Directory.

d. A student must earn at least the minimum standardized Evidence-Based Reading and Writing and Math scores on the SAT combined composite, excluding the Essay section, or the minimum standardized scores on the ACT, or the minimum standardized scores on the Classic Learning Test (CLT) either administered by January 31 for the seventh semester evaluation or by August 31 for the eighth semester evaluation of the student’s last year in high school, as identified for each award level specified in Section 1009.531(6), F.S. ACT scores are rounded up for scores with .5 and higher; SAT and CLT scores do not require rounding. Sections of the SAT, ACT, or CLT from different test dates may be used to meet the test criteria, but test types cannot be mixed. Scores from CLT test dates prior to July 1, 2023, may not be used.

I. To be eligible for the Florida Academic Scholars award, a student must achieve the required examination score at the 89th SAT User percentile, the concordant ACT score, or the concordant CLT score.

II. To be eligible for the Florida Medallion Scholars award, a student must achieve the required examination score at the 75th SAT User percentile, the concordant ACT score, or the concordant CLT score.

III. The required scores may be adjusted annually based on the test score distribution report provided by the College Board. In the event that the 89th or 75th percentile is not listed, the next higher percentile score is used.

IV. Before each school year, examination score requirements applicable to students graduating in the next two (2) years will be published on the OSFA website (https://www.floridastudentfinancialaidsg.org).

2. For purposes of meeting the requirements of a passing score on the college entry level placement test or its equivalent, in accordance with Section 1009.536, F.S., a student applying for the Florida Gold Seal Vocational Scholars award must earn at least the minimum qualifying subtest scores from the Florida Postsecondary Education Readiness Test (PERT), SAT, or ACT, as specified in Rule 6A-10.0315, F.A.C. Sections of the PERT, SAT, or ACT from different test dates may be used to meet the test criteria, but test types cannot be mixed.

(h) For the purposes of student eligibility, in accordance with Section 1009.531(5), F.S., a student who wishes to qualify for any Bright Futures Scholarship award but does not meet all of the requirements may be allowed additional time to complete the requirements if the principal of the student’s school or the district superintendent verifies on letterhead that deficiencies are due to school personnel providing inaccurate or incomplete information. The private high school may and the public school district shall allow the student to correct the deficiencies and the principal or school district will provide an updated high school transcript as necessary. The student is required to submit official postsecondary transcript(s) to the FDOE with any postsecondary coursework taken to satisfy deficiencies. The student must complete all requirements by December 31 of the student’s high school graduation year. If the student completes the requirements by December 31, the student must receive the award for the full academic year, including the fall term.

(4) Academic Top Scholars awards.

(a) Eligibility for the Academic Top Scholars award, in accordance with Section 1009.534(4), F.S., will be determined during the first term of the academic year following the student’s initial eligibility determination for a Florida Academic Scholars award.

(b) To be designated an Academic Top Scholar, a student must have:

1. Attended any public school or FDOE registered private high school, or be home-educated or a GED student who has completed the minimum required coursework as listed in subparagraph (3)(g)1. of this rule, and earned a standard high school diploma, or the equivalent, during the last year of high school;

2. Met eligibility requirements for an initial Florida Academic Scholars award;

3. Received funding for an initial Florida Academic Scholars award at an eligible Florida postsecondary institution during the first term of the academic year in which the student was initially eligible; and

4. Been the highest-ranked Florida Academic Scholars award recipient in the Florida school district where the student last attended and graduated from high school. For this determination, Florida Academic Scholars award recipients will be ranked by the FDOE on the basis of the product of their Florida Bright Futures cumulative GPA, calculated on the minimum college preparatory academic courses as listed in subparagraph (3)(g)1. of this rule and their best combined SAT, composite ACT, or combined CLT test score as reported for their Florida Academic Scholars eligibility.

(c) In the event of a tie, the FDOE shall apply the following criteria in the following order to students who are tied in the same school district, until the tie is broken:

1. The product of each student’s weighted Bright Futures GPA and best combined SAT, equivalent ACT score, or equivalent CLT score at a single administration of the test.

2. The product of each student’s weighted Bright Futures GPA and best combined SAT, equivalent ACT score, or equivalent CLT score at the earliest single administration of the test.

3. The higher of the total number of high school credits earned.

4. The earlier date and time stamp for filing the FFAA-1.

(5) Renewing Academic Criteria.

(a) After an initial year of eligibility, a student may become eligible for the award as a renewed student, a reinstated student, or a restored student, who are defined as:

1. A renewed student is a student who received the award in the previous academic year and met specific program eligibility requirements.

2. A reinstated student is a student who was eligible for the program and did not receive an award for the previous academic year and wishes to re-establish use of the scholarship.

3. A restored student is a student who lost eligibility for the program but earned the requirements in a subsequent academic year.

(b) Academic eligibility criteria for a renewed award, in accordance with Section 1009.532, F.S., shall be evaluated based on an institutional cumulative GPA and cumulative hours earned at the end of the academic year, which for this purpose shall be defined as the end of the second semester or third quarter of each academic year, which is the end of the spring term or end of the summer term for students in the Program for the spring and summer terms in accordance with Section 1009.215, F.S. Students in this cohort will hereafter be referred to as spring/summer students.

1. A Florida Academic Scholars renewal award requires a 3.0 unweighted and unrounded GPA on a 4.0 scale and a minimum of twelve (12) semester hours earned per term funded for a full-time student, a minimum of nine (9) for nine (9) to eleven (11) hours per term funded for a three-quarter time student, and a minimum of six (6) for six (6) to eight (8) hours per term funded for a half-time student, or the equivalent in quarter or clock hours. If a Florida Academic Scholar earns a GPA less than a 3.0 but equal to or greater than a 2.75, he/she renews as a Florida Medallion Scholar.

2. A Florida Medallion Scholars renewal award requires a 2.75 unweighted and unrounded GPA on a 4.0 scale and a minimum of twelve (12) semester hours earned per term funded for a full-time student, a minimum of nine (9) for nine (9) to eleven (11) hours per term funded for a three-quarter time student, and a minimum of six (6) for six (6) to eight (8) hours per term funded for a half-time student, or the equivalent in quarter or clock hours.

3. A Florida Gold Seal Vocational Scholars renewal award requires a 2.75 unweighted and unrounded GPA on a 4.0 scale and a minimum of twelve (12) semester hours earned per term funded for a full-time student, a minimum of nine (9) for nine (9) to eleven (11) hours per term funded for a three-quarter time student, and a minimum of six (6) for six (6) to eight (8) hours per term funded for a half-time student, or the equivalent in quarter or clock hours.

4. A Florida Gold Seal CAPE Scholars renewal award requires a 2.75 unweighted and unrounded GPA on a 4.0 scale and a minimum of twelve (12) semester hours earned per term funded for a full-time student, a minimum of nine (9) for nine (9) to eleven (11) hours per term funded for a three-quarter time student, and a minimum of six (6) for six (6) to eight (8) hours per term funded for a half-time student, or the equivalent in quarter or clock hours.

5. The cumulative GPA required to renew any Florida Bright Futures Scholarship Program award as referenced in Sections 1009.534, 1009.535 and 1009.536, F.S., shall be determined by the institution where the student is enrolled as degree- or certificate-seeking. The cumulative GPA shall be computed to two (2) decimals and shall not be rounded.

6. For the purposes of eligibility, in accordance with Section 1009.40(1)(b)4., F.S., a student who does not earn the required renewal GPA and/or hours for renewed status may still be renewed if granted an exception from the academic requirements. A student must submit an institutional appeal at the institution where the student did not meet the renewal requirements for renewed status and provide documentation as required by the institution within thirty (30) days of the ineligibility notice or institutional deadline, whichever is later.

(c) Eligibility criteria for a reinstated award shall be determined if the student did not receive scholarship funding for the last academic year during which the student was eligible. The student must submit Form FFAA-3, Florida Financial Aid Reinstatement/Restoration Application, incorporated by reference in Rule 6A-20.027, F.A.C., by May 30 of the academic year the student is seeking funding. A student who enlists in the United States Armed Forces as referenced in Section 1009.531(2), F.S., and submits Form FFAA-3, Florida Financial Aid Reinstatement/Restoration Application, by May 30 of the academic year the student is seeking funding, must also submit to the FDOE via U.S. mail proof of all active-duty assignments from high school graduation through the date of the requested reinstatement year. Acceptable proof of active-duty assignment(s) is the Department of Defense Certificate of Release or Discharge from Active-Duty, the DD Form 214.

(d) A student who engages in a full-time religious or federal government service obligation lasting at least eighteen (18) months that begins within 1 year after completion of high school, as referenced in Section 1009.531(2), F.S., and submits Form FFAA-3 by May 30 of the academic year the student is seeking funding must also provide documentation of the service obligation. The student must submit to the FDOE Form RSOR-01, Religious or Service Obligation Reporting Form, to document the service obligation. Form RSOR-01 is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07542) and made a part of this rule to become effective November 2016. A copy of Form RSOR-01 and Form FFAA-3 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400 or online at https://www.floridastudentfinancialaidsg.org.

(e) Academic eligibility criteria for a restored award shall be evaluated at the end of the summer or second semester/third quarter each academic year thereafter.

1. For a student who graduated from high school in 2009-10 and thereafter, the award may be restored for the student who has earned an insufficient GPA at the end of the first year of funding only. The student must submit Form FFAA-3, Florida Financial Aid Reinstatement/Restoration Application by May 30 of the year the student is seeking funding, or by September 30 for a spring/summer student as outlined in paragraph (6)(c) of this rule. A student may earn and be funded in an eligible restored status one - time only. In addition to applying for restoration, the student is responsible for ensuring submission of verification from the last institution attended as a degree- or certificate-seeking student. The institutional cumulative GPA, as defined in paragraph (5)(b) of this rule, and as reported by the last institution attended, will determine the student’s eligibility to be restored based on the minimum academic program renewal requirements.

2. A Florida Medallion Scholar who initially was awarded as a Florida Academic Scholar who earns a GPA of 3.0 or above may restore as a Florida Academic Scholar utilizing the one-time-only restoration.

(6) Awards. Awards are made under all programs in this section in accordance with Sections 1009.215, 1009.43, 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536 and 1009.538, F.S.

(a) Awards under this program are based on the amount as specified in the General Appropriations Act. If funds appropriated are not adequate to provide the maximum allowable award to each eligible applicant, awards must be prorated with an equitable percentage reduction in all terms after term 1.

(b) Annual awards are defined as awards made in fall through spring terms unless the Legislature appropriates summer term funding.

1. If summer funds are made available in an annual General Appropriations Act, the funds will be distributed to the institution that enrolls the student during that current academic year summer term.

2. The funding institution must determine the student award amount and report summer disbursements and grade and hours to the FDOE.

(c) A spring/summer student, referenced in paragraph (5)(b) of this rule, is eligible to receive a maximum of three (3) semesters (or the equivalent) of funding during one (1) academic year. Students in the fall term may only receive funding for off-campus or online coursework.

(d) The student must be funded from his/her home institution. The home institution may also fund the student for courses enrolled at other eligible institutions in eligible credits applicable toward a student’s degree or certificate program of study. The student is responsible for notifying the home institution at the beginning of the term of his/her enrollment of credit hours and payment due, and then at the end of the term of his/her cumulative GPA and hours earned at another institution. The award amount is calculated based on the total number of fundable hours per institution type where enrolled, multiplied by the award per credit hour, per the General Appropriation Act amounts.

(e) The student is required to refund to the postsecondary institution the cost of dropped or withdrawn Bright Futures-funded courses; non-payment of such courses will result in future year program ineligibility. Students may not repay unearned hours after the completion of the term in order to regain their scholarship.

(7) Program Length.

(a) A student who graduated from high school in 2009-10 and earlier may receive funding up to seven (7) years from high school graduation or a first baccalaureate degree, whichever comes first. A student who graduates from high school in 2010-11 and thereafter may receive funding up to five (5) years from high school graduation or a first baccalaureate degree, whichever comes first.

(b) In accordance with Section 1009.5341, F.S., a Florida Academic Scholar or Florida Medallion Scholar who graduated in the 2010-11 academic year and thereafter and has earned a first baccalaureate degree within seven (7) semesters or 105 credit hours of funding, may receive Bright Futures funding for one (1) semester up to fifteen (15) of the student’s unused semester or equivalent hours, at the undergraduate rate, for up to seven (7) or five (5) years after high school graduation, dependent upon his or her high school graduation year, if the student enrolls in a graduate degree program at a Bright Futures-eligible institution.

(8) Institutional responsibilities.

(a) Participating postsecondary institutions shall comply with Rules 6A-20.002 and 6A-20.0021, F.A.C.; and,

(b) Verify, prior to disbursement each term, each recipient’s graduation from a Florida high school, State of Florida high school equivalency diploma (FDOE-authorized GED), home education, or out-of-state high school; Florida residency, as defined in Section 1009.21, F.S., and Rule 6A-10.044, F.A.C., incorporated by reference herein; the number of non-remedial hours enrolled; degree- or certificate-seeking status; eligible maximum program hours; default status; and repayment status.

(c) Forgiveness hours, those credit hours that the institution allows a student to retake for forgiveness of quality points and that are part of the student’s program of study, are to be funded. Once funded, course hours successfully completed in forgiveness courses must be reported as hours earned in the FDOE, OSFA Grade and Hours Report consistent with Rule 6A-20.002, F.A.C.

(d) Florida public school districts shall:

1. Submit transcripts for all students in ninth through twelfth grade to the FDOE High School transcript database three (3) times a year in order to annually provide complete and accurate Florida Bright Futures Scholarship evaluation information.

2. Submit transcripts, volunteer service hours or paid work hours, and eligibility criteria data by deadlines established by the FDOE.

(e) Florida eligible non-public secondary schools must, in order to annually maintain eligibility to participate in the Florida Bright Futures Scholarship Program:

1. Register as a non-public high school via the Private Annual School Survey (http://www.fldoe.org/schools/school-choice/private-schools/annual-survey.stml) with the FDOE.

2. Submit scholarship required courses, volunteer service hours or paid work hours, and other eligibility criteria data as requested for all students in ninth through twelfth grades to the FDOE, via the Online Transcript Entry and Evaluation System (https://www.floridastudentfinancialaidsg.org).

History

• Rulemaking Authority 1001.02(1), (2)(n), 1009.53(3) FS. Law Implemented 1009.40, 1009.42, 1009.43, 1009.53, 1009.531, 1009.532, 1009.533, 1009.534, 1009.5341, 1009.535, 1009.536, 1009.538 FS. History–New 5-10-12, Amended 1-1-14, 11-29-16, 3-15-22, 11-23-22, 8-22-23.

Fla. Admin. Code R. 6A-20.0281 Benacquisto Scholarship Program

(1) To receive a Benacquisto Scholarship award, a student shall meet requirements set in Sections 1009.40 (except Section 1009.40(4)), 1009.41 and 1009.893, Florida Statutes (F.S.), and the requirements set forth in this rule.

(2)(a) If the student is a Florida resident, he/she must earn a standard diploma from a Florida high school or its equivalent pursuant to Sections 1003.4281, 1003.4282, or 1003.435, F.S., or complete a home education program according to Section 1002.41, F.S. The student who earns a high school diploma from a non-Florida high school may be eligible if the student is living with a parent who is on military or public service assignment outside of the State of Florida, pursuant to Section 1009.893(4)(a)1.b., F.S.;

(b) If the student is not a Florida resident, he/she must have enrolled in a baccalaureate degree program and have received an initial award, in the 2018-19 through 2021-22 years and must have earned a high school diploma which is comparable to a standard Florida high school diploma or its equivalency or complete a home education program in another state, and physically reside in Florida on or near the eligible postsecondary institution’s campus where enrolled.

(3) General Eligibility Requirements.

(a) Not have previously received a recognized baccalaureate degree;

(b) Be initially enrolled at an eligible Florida postsecondary institution in a baccalaureate degree program for the fall term immediately following high school graduation;

(c) Be enrolled at an eligible Florida postsecondary institution for a minimum of twelve (12) credit hours per term or the equivalent in quarter hours; and,

(d) Meet the qualifications of a National Merit® Scholar as defined in subsection (4) of this rule.

(4) A National Merit® Scholar is defined as a National Merit® Finalist who receives a National Merit® $2,500. Scholarship, a Corporate-sponsored Merit Scholarship®, or a College-sponsored Merit Scholarship®.

(5) Eligible institutions are public state universities, Florida colleges and independent institutions that offer baccalaureate degree programs and are regionally accredited. Regional accreditors are identified by the United States Department of Education.

(6) Award amounts.

(a) Florida resident. An eligible student who is a Florida resident attending a Florida public postsecondary institution will receive an award equal to the on-campus institutional cost of attendance as reported by the Board of Governors of the State University System, less the sum of the student’s Bright Futures Scholarship and the National Merit® Scholarship. An eligible student who attends a Florida independent postsecondary institution will receive an award equal to the highest on-campus institutional cost of attendance as reported by the Board of Governors of the State University System, less the sum of the student’s Bright Futures Scholarship and the National Merit® Scholarship.

(b) Non-Florida resident. An eligible student who is not a Florida resident receives an award equal to the institutional cost of attendance for a resident of this state minus the student’s National Merit® Scholarship. An eligible non-Florida resident student who attends a Florida independent postsecondary institution will receive an award equal to the highest on-campus institutional cost of attendance as reported by the Board of Governors of the State University System, less the sum of the student’s Bright Futures Scholarship and the National Merit® Scholarship.

(7) A student who receives a Benacquisto Scholarship shall be known as a Benacquisto Scholar.

(8) Renewal requirements. Eligibility for renewal is determined at the end of the second semester, third quarter or the equivalent of each academic year. To receive a Benacquisto Scholarship renewal award, a Benacquisto Scholar shall meet both the grade point average and credit hour requirements set in Section 1009.893(6), F.S. The student is no longer eligible to continue to receive the scholarship if these requirements are not met.

(a) The cumulative grade point average shall be calculated by the institution where the student is enrolled as degree-seeking. The cumulative grade point average shall be computed to two (2) decimals and shall not be rounded.

(b) A Benacquisto Scholar must earn all credits for the hours in which he or she is enrolled each term as of the institution’s regular drop/add period. If a Benacquisto Scholar fails to earn the required hours during any term within the academic year, the student will not meet the hour requirement to renew the scholarship. A student who has fewer than twelve (12) total hours remaining to complete the first baccalaureate degree may receive funding for one term.

(c) Eligibility for a reinstated award shall be established if the Benacquisto Scholar did not receive scholarship funding for the last academic year during which he or she was eligible after receiving initial funding. The Benacquisto Scholar must submit Form FFAA-3, Florida Financial Aid Reinstatement/Restoration Application, as incorporated by reference in Rule 6A-20.027, F.A.C., by May 30 of the year the student is seeking funding.

(9) Appeals. For the purpose of eligibility, in accordance with Section 1009.40(1)(b)4., F.S., a Benacquisto Scholar who does not earn the required renewal grade point average or the hours for renewed status may still be renewed if granted an exception from the academic requirements. A Benacquisto Scholar must submit an institution appeal at the institution where the student did not meet the renewal requirements for renewed status and provide documentation as required by the institution within thirty (30) days of the ineligibility notice or institutional deadline, whichever is later.

(10) Institutional responsibilities.

(a) Participating postsecondary institutions shall comply with Rules 6A-20.002 and 6A-20.0021, F.A.C.; and,

(b) Verify, prior to disbursement each term, each recipient’s graduation from a Florida or eligible non-Florida high school, or the equivalent, Florida residency, or, for a non-Florida resident, the student’s physical address, degree-seeking status, National Merit® or status, and receipt of a qualifying award as defined in subsection (4) of this rule.

(c) If eligible to become a college sponsor, all eligible state universities shall become college sponsors of the National Merit Scholarship® Program.

History

• Rulemaking Authority 1001.02(1), 1009.893(14) FS. Law Implemented 1009.40, 1009.893 FS. History‒New 4-1-15, Amended 8-24-16, 5-3-22.

Fla. Admin. Code R. 6A-20.0282 Dual Enrollment Scholarship Program

(1) Purpose. The purpose of this rule is to set forth criteria and reporting requirements for the Dual Enrollment Scholarship Program, which provides eligible postsecondary institutions with reimbursement for tuition and instructional materials costs for dual enrollment students.

(2) Definitions.

(a) “Department” means the Florida Department of Education.

(b) “Eligible institution” means a Florida College System institution; State University System institution; a district-sponsored career center established under Section 1001.44, F.S.; or, an independent postsecondary institution eligible for participation in dual enrollment under Section 1011.62(1)(i), F.S.

(c) “Eligible student” means a secondary public, private, home education, or personalized education program student who meets all requirements for dual enrollment, as provided in Section 1007.271, F.S.

(d) “Home education articulation agreement template” means a standardized home education articulation agreement that is signed by home education students participating in dual enrollment pursuant to Section 1007.271(13)(a)3., F.S.

(e) “Instructional materials” means educational materials for use within a postsecondary course, which may be available in printed or digital format, and includes fees for digital access codes.

(f) “Personalized education program” means the sequentially progressive instruction of a student directed by his or her parent to satisfy the attendance requirements of ss. 1003.01(13) and 1003.21(1), F.S., while registered with an eligible nonprofit scholarship-funding organization pursuant to s. 1002.395, F.S.

(3) Institutional Eligibility.

(a) For dual enrollment courses taken by public school and private school students, eligible institutions must submit an articulation agreement with the school district or private school, as applicable, that meets the requirements of Section 1007.271, F.S.

(b) For dual enrollment courses taken by home education students, eligible institutions must submit a home education articulation agreement template that meets the requirements of Section 1007.271, F.S.

(c) Eligible institutions may apply for reimbursement of tuition and instructional materials costs for courses eligible for dual enrollment under Section 1007.271(1) and (2), F.S., taken by eligible students during the following terms:

1. For private school, home education, and personalized education program students, postsecondary institutions may seek reimbursement for dual enrollment courses taken in fall, spring, or summer terms beginning in fall 2021.

2. For public school students, postsecondary institutions may seek reimbursement for dual enrollment courses taken during the summer term only, beginning in summer 2022.

(d) Eligible institutions must submit the institutional application for state aid funds in accordance with paragraph 6A-20.002(1)(j), F.A.C.

(4) Reporting. For each student enrolled in a dual enrollment course for which an eligible postsecondary institution is seeking reimbursement of tuition and instructional materials costs, the institution must report the following information to the Department’s Office of Student Financial Assistance (OSFA) within thirty (30) days after the end of regular registration via the Reimbursement Request Report (RRR) tool, available at https://www.floridastudentfinancialaidsg.org/:

(a) Unique student identifier (school identification number, social security number, or other identifier used by the postsecondary institution);

(b) First name, last name, and middle initial;

(c) Date of birth;

(d) Gender;

(e) Ethnicity;

(f) Student type (private, home education, or public school);

(g) District where student attends school;

(h) School name and Master School Identification Number (MSID), as provided in Rule 6A-1.0016, F.A.C., where the student attends school;

(i) Postsecondary institution where the student is enrolled in dual enrollment;

(j) Postsecondary course name, course number, and credit value for each dual-enrollment course for which reimbursement is sought; and,

(k) Amount of requested reimbursement for instructional materials.

(5) Funding. Funds must be disbursed to all eligible reporting institutions within thirty (30) days of receipt of the final RRR sent in accordance with subsection (4) of this rule.

(6) Non-reimbursed tuition and costs. Non-reimbursed tuition, fees, or other costs related to dual enrollment may not be charged to or passed along to students.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1009.30(8) FS. Law Implemented 1009.30 FS. History‒New 11-23-21, Amended 11-23-22, 2-20-24.

Fla. Admin. Code R. 6A-20.0283 Florida Farmworker Student Scholarship Program

(1) General eligibility requirements. To receive an initial or renewing Florida Farmworker Student Scholarship Program award a student shall meet the provisions of Sections 1009.40, 1009.41, 1009.42 and 1009.894, F.S., and Rules 6A-20.001, 6A-20.003 and 6A-20.0371, F.A.C., and:

(a) Be enrolled in a public Florida postsecondary institution in an undergraduate degree or career certificate program of study.

(b) Be enrolled in a minimum of twelve (12) semester credit hours, or equivalent quarter or clock credit hours, per term.

(c) Be a farmworker as defined in Section 420.503, F.S., or child of a farmworker.

(d) Be a Florida resident as provided in Section 1009.40, F.S., and Rule 6A-20.003 F.A.C., and a U.S. citizen or eligible non-citizen.

(2) Initial eligibility requirements.

(a) Information about the scholarship program is made available via the Florida Department of Education (FDOE), Office of Student Financial Assistance (OSFA) website (https://www.floridastudentfinancialaidsg.org).

(b) For the purposes of initial eligibility, in accordance with Section 1009.894, F.S., the student must:

1. File the FFAA-1, Florida Financial Aid Application for Students, as incorporated by reference in Rule 6A-20.019, F.A.C., and meet all Florida Farmworker Student Scholarship Program academic requirements provided in Florida Statutes. A copy of Form FFAA-1 may be obtained online at https://www.floridastudentfinancialaidsg.org.

2. Complete and submit the Free Application for Federal Student Aid (FAFSA) online in time to be processed error-free by the U.S. Department of Education on or before May 15.

3. Have earned a minimum weighted cumulative grade point average (GPA) of 3.5 for all high school courses creditable toward a diploma.

4. Have a minimum ninety (90) percent attendance rate and have no disciplinary action documented on the high school transcript.

5. Have completed a minimum of thirty (30) community service hours. Service hours may not be hours that benefitted the student financially or materially, or be service to family members defined as: parents, grandparents, siblings, aunts, uncles, cousins, nieces, nephews, and spouses, including aforementioned step relations.

(c) At the end of the regular registration period, inclusive of the drop/add period for each academic term for which aid is received, an eligible student shall:

1. Be enrolled for a minimum of twelve (12) credits for a degree program or a minimum of three hundred sixty (360) clock hours per term for a certificate program;

2. Not owe a repayment of a federal Title IV grant, or any state grant or scholarship unless satisfactory arrangements have been made to repay; and

3. Not be in default on any state or federal student loan program unless satisfactory arrangements have been made to repay.

(3) Academic eligibility for renewal awards is determined at the end of the second semester or third quarter of each academic year. To be eligible for a renewal award, a student shallhave earned a minimum cumulative institutional grade point average of 2.5 on a 4.0 scale for postsecondary work.

(4) Appeals. An applicant may appeal decisions of ineligibility made due to failure to meet academic progress requirements or errors made by the Office of Student Financial Assistance under the provisions of Rule 6A-20.0371, F.A.C.

(5) Award procedures. The department will make awards, not to exceed the number of full awardees set in statute. Priority in the distribution of funds will be as follows:

(a) First priority will be given to renewal applicants.

(b) Second priority for awards will be given to initial applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specified on the FAFSA and second by the earliest postmark or electronic receipt date of the Florida Financial Aid Application. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection.

(6) Florida public school districts shall submit transcript, service hours, and eligibility criteria data by deadlines established by the FDOE.

(7) Institutional Responsibilities. Institutions shall meet the provisions of Section 1009.46, F.S., and Rule 6A-20.002, F.A.C.

(8) Florida eligible non-public secondary schools must register as a non-public high school via the Private Annual School Survey (http://www.fldoe.org/schools/school-choice/private-schools/annual-survey.stml) with the FDOE and submit scholarship required courses, service hours, and other eligibility criteria data as requested to the FDOE, via the Online Transcript Entry and Evaluation System (https://www.floridastudentfinancialaidsg.org).

History

• Rulemaking Authority 1001.02(1),(2)(n), 1009.894(1) FS. Law Implemented 1009.40, 1009.894 FS. History–New 3-15-22.

Fla. Admin. Code R. 6A-20.0284 Florida Law Enforcement Academy Scholarship Program

(1) Definitions.

(a) “Commission” means the Criminal Justice Standards and Training Commission within the Florida Department of Law Enforcement;

(b) “Department” means the Florida Department of Education;

(c) “Institution” means any Florida College System institution listed in Section 1000.21(3), F.S., and any school district technical center; and

(d) “School district technical center” means a technical career center under Section 1001.44, F.S., or a charter career center under Section 1002.34, F.S.

(2) General Eligibility Requirements for a Law Enforcement Academy Scholarship. To receive aid, a trainee must meet the following requirements:

(a) Enroll at a Florida College System institution or a school district technical center;

(b) Enroll in a law enforcement officer basic recruit training program that has been approved by the Commission under Chapter 943, F.S.;

(c) Not be sponsored by an employing agency to pay the cost of tuition and other fess and expenses authorized under Section 1009.896(6), F.S.

(3) Period of the award. An award is made for the fiscal year, July 1 through June 30.

(4) Initial Awards. A trainee’s award shall not exceed the cost of tuition, fees and eligible expenses described in Section 1009.896(6), F.S., less all other state and federal financial assistance and any financial assistance provided by a trainee’s employing agency for the cost of tuition and other expenses covered under Section 1009.896(6), F.S.

(5) Renewal awards. A trainee’s award will automatically be renewed for the new fiscal year to cover remaining eligible expenses incurred for the same program in which the trainee was enrolled in the prior fiscal year.

(6) Institutional responsibilities. Each institution with a law enforcement officer basic recruit training program approved by the Commission under Chapter 943, F.S., must comply with the following requirements:

(a) Award Procedures.

1. Develop processes and forms needed for trainees to apply for the program;

2. Make preliminary determinations of trainee eligibility for a scholarship based on the eligiblity criteria found in subsection (2) of this rule;

3. Prioritize trainees as first-come, first-served, based on the date a trainee’s application is determined to be complete; and

4. Provide individual award notices to trainees enrolled at the institution that lists the fund amounts awarded to the trainee, identifying the amounts for tuition, fees and expenses as described in Section 1009.896(6), F.S.

(b) Reporting. Within thirty (30) days of the end of the institution’s regular drop/add period for each term, each institution must report to the Department the following information:

1. The social security number and amount awarded to each trainee; and

2. The social security number of each trainee who is eligible for the scholarship, but who was not awarded funds.

(c) Refunds. Institutions must remit refunds with accompanying documentation to the Department within thirty (30) days of the institution’s drop/add period for trainees who are not enrolled after the drop/add deadline or who no longer meet the eligibility requirements for the scholarship provided in subsection (2) of this rule, and by July 15 for all other funds not disbursed within the award period in order that funds be utilized to provide the most scholarship awards.

(d) Institutions must adhere to the duties relating to state financial aid established for postsecondary institutions enumerated in Section 1009.46, F.S.

(7) Department Responsibilities. Each year that funds for the scholarship are available, the Department will:

(a) Provide eligible institutions the total amount scholarship funds for each fiscal year;

(b) Allocate funds beginning thirty (30) days after the end the of the application window as specified by the Department;

(c) Reallocate refunded amounts to ensure maximum effective use of scholarship funds; and

(d) Consider any appeal regarding a trainee’s eligibility for a scholarship in accordance with the provisions of Section 1009.42 and Rule 6A-20.0371, F.A.C.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1009.896(7) FS. Law Implemented 1009.40, 1009.896 FS. History‒New 11-23-22.

Fla. Admin. Code R. 6A-20.0285 Florida Law Enforcement Reimbursement Program

(1) Applicant procedures: Law Enforcement Officers (LEO) who would like to be considered for reimbursement under this program must submit a Law Enforcement Reimbursement Program (LERP) application to their employing Law Enforcement Agency (LEA). The Application for the Florida Law Enforcement Reimbursement Program, Form LERP-1, (http://www.flrules.org/Gateway/reference.asp?No=Ref-14923) effective November 2022, is incorporated by reference and can be found at https://www.floridastudentfinancialaidsg.org/pdf/LERP-1.pdf. The application requires the following information for each applicant:

(a) Applicant Full Name;

(b) Applicant Rank;

(c) Applicant Type: Out of state LEO or Special Operations Forces (SOF);

(d) Applicant Originating State or SOF detail;

(e) Reimbursement amount;

1. Equivalency assessment cost $,

2. Equivalency training cost $, and

3. LEO certification examination cost $.

(f) Employing LEA name;

(g) LEA County; and

(h) LEA City.

(2) Employing Law Enforcement Agency requirements.

(a) Verify and validate amounts on each LEO application.

(b) Each participating LEA must complete a Substitute Form W-9 in order to receive funding from the Florida Department of Education (Department).

(c) Collect applicant data and report to the Department in a format specified by the Office of Student Financial Assistance (OSFA) the following:

1. The date the LEA received the application from the LEO;

2. All LEO application items listed in paragraphs (1)(a)-(h) above; and

3. Certification that each applicant meets the requirements of Section 943.131(2), F.S. to qualify for an exemption from the basic training program and that the applicant was not sponsored by the employing agency to cover the cost of the training required by the Criminal Justice Standards and Training Commission.

(d) Submit the report specified in paragraph (c) above to OSFA by the first of January, April, July, and October for reimbursement consideration.

1. LEAs are authorized to submit requests for applications received or expenses incurred at any point during the fiscal year, not just the prior three months.

2. No report is required if the LEA has not received any LEO applications.

(e) Submit the Florida Department of Law Enforcement (FDLE) Global Profile Sheet per Rule 11B-14.001, F.A.C., for each LEO applicant.

(f) Reimburse approved LEO applicants for authorized amounts within thrity (30) days of receipt of funds from the Department.

(3) OSFA Requirements. By the last day of each reporting month, OSFA will:

(a) Collect and compile all LEA reports;

(b) Order the LEA applicants according to the application date reported; and

(c) Disburse funds to all LEAs along with a report indicating the LEO name and amount approved for reimbursement.

(4) Reimbursement Amount. The reimbursement to eligible applicants will not exceed $1,000. Reimbursements are limited to cover eligible costs and fees used for:

(a) Any equivalency assessment administered to determine required equivalency training;

(b) Any equivalency training required by the Criminal Justice Standards and Training Commission within the Department of Law Enforcement; and

(c) The law enforcement officer certification examination.

(5) In the event that all program funds appropriated are expensed, the last eligible LEO reimbursement amount may be prorated to the last dollar available.

(6) Should additional funding be provided in the same fiscal year, LEAs that received a prorated amount will be fully reimbursed first, before any new requests for funds are considered.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1009.8961(6) FS. Law Implemented 1009.8961 FS. History–New 11-23-22.

Fla. Admin. Code R. 6A-20.029 Mary McLeod Bethune Scholarship Program and Trust Fund

(1) General eligibility criteria for awards. To receive aid, a student must meet the provisions of Sections 1009.40 and 1009.73, F.S. and Rules 6A-20.001, 6A-20.003 and 6A-20.0371, F.A.C., and:

(a) Be enrolled as a degree-seeking undergraduate student at either Florida Agricultural and Mechanical University, Bethune-Cookman University, Edward Waters College, or Florida Memorial University.

(b) Have been a bona fide Florida resident, pursuant to Section 1009.21, F.S. and Rule 6A-20.003, F.A.C., for twelve (12) months prior to the first day of class of the fall term of the academic year for which funds are being requested.

(c) Be enrolled for a minimum of twelve (12) credits at the end of the regular registration period, inclusive of the drop-add period, for each academic term in which aid is received.

(d) Not owe a repayment of a federal Title IV grant, or any state grant or scholarship program unless satisfactory arrangements to repay have been made.

(e) Not be in default on any state or federal student loan program, unless satisfactory arrangements to repay the loan have been made.

(2) Eligibility for initial awards.

(a) The application procedure shall be established and communicated to students by each participating institution.

(b) To be eligible for an initial award, a student must have earned a minimum, unweighted, cumulative grade point average of 3.0 on a 4.0 scale, or the equivalent, for high school subjects creditable towards a diploma.

(3) Eligibility for renewal awards. An applicant who receives the scholarship in one year will be considered for renewal the following year. All applicants for renewal of scholarships will be considered for awards in accordance with the following academic progress standards and the rating system established under subsection (8) of this rule. To be eligible for renewal of the scholarship, a student shall have met the following conditions of academic progress at the end of the second semester or third quarter of each academic year:

(a) Have earned a minimum institutional cumulative grade point average of 3.0 on a 4.0 scale;

(b) Have earned a minimum of twelve (12) credit hours each term for the number of terms for which the award was received; and,

(c) Have filed a renewal application, if required by the institution.

(4) Reinstatement awards. A reinstatement applicant is a student who received the scholarship during one academic year and met the academic progress requirements for renewal of the scholarship, but did not receive the scholarship in the following year. To be eligible for reinstatement a student must:

(a) File an application for reinstatement within the deadlines established by the institution, if required by the institution;

(b) Apply for reinstatement within three (3) years of filing an initial application;

(c) Have maintained, at the end of the second semester or third quarter of each academic year, a cumulative grade point average of 3.0 on a 4.0 scale for all college work attempted.

(d) Applicants for reinstatement will be considered for awards in accordance with the rating system established under subsection (8) of this rule.

(5) Appeals. An applicant may appeal decisions of ineligibility made due to failure to meet academic progress requirements or errors made in determining student eligibility pursuant to Section 1009.42, F.S., respectively.

(6) Amount of award. The full amount of the Mary McLeod Bethune Scholarship is three thousand (3,000) dollars annually. However, this institution may prorate its scholarship allocation equally among all eligible initial, renewal and reinstatement students as allowed under paragraph (8)(c) of this rule.

(7) Period of award. Awards are made annually for the first and second semesters of an academic year.

(8) Award procedures. The institution shall rank students prior to the beginning of the fall term each year based on the following rating system:

(a) The institution shall first determine that the applicant meets the general eligibility criteria pursuant to subsection (1) of this rule, and either the initial, renewal or reinstatement eligibility criteria, pursuant to subsections (2), (3) and (4), respectively, of this rule.

(b) The institution shall then rank all eligible applicants on the basis of financial need using the institution’s financial need policy pursuant to paragraph (16)(a) of this rule. Students having the greatest financial need shall receive the highest rank. In the event that there are more eligible applicants with financial need than there are scholarships available, the institution shall further rank such applicants on the basis of those having the highest grade point averages.

(c) Based on the number of awards allocated to the institution by the Department, the institution shall make full awards to eligible applicants who have the highest rank based on their financial need and grade point averages. The institution may, however, elect to provide partial scholarships to all applicants who meet the minimum eligibility criteria for an award by prorating the institution’s full scholarship allocation equally among all eligible initial, renewal and reinstatement applicants, without regard to ranking by financial need or grade point averages.

(d) The institution shall notify each applicant in writing of the status of the student’s application. The institution shall also notify each student in writing who receives a scholarship of the award amount.

(9) Number of awards to be allocated to each institution. The Department will notify each institution annually of the total number of scholarships made available through the General Appropriations Act. Each institution shall notify the Department, no later than June 1 annually, of the maximum number of scholarships for which the institution pledges matching contributions. In the event that the total number of scholarships pledged by all institutions exceeds the number of scholarships appropriated, the Department shall allocate scholarships on the basis of the institution’s request, or on the basis of each institution’s proportionate number of full-time equivalent (FTE) students to the FTE of all institutions, whichever is less. FTE is the total number of semester hours attempted by Florida residents enrolled at the eligible institution during the fall term divided by fifteen (15) credit hours. The Department will send to each institution a final allocation notice no later than July 1 of each year which describes the number of scholarships allocated to the institution for the academic year and the amount of matching contribution in increments of one thousand (1,000) dollars that must be paid by each institution.

(10) Maximum terms of eligibility. A student is eligible to receive the award for eight (8) semesters or twelve (12) quarters over a period of six (6) consecutive years, or until the student receives a baccalaureate degree, whichever occurs first. A student may receive the award for up to ten (10) semesters or fifteen (15) quarters when: the student has enrolled in college preparatory course work required by the institution; the student needs additional terms of eligibility to meet the requirements of the College Level Academic Skills Testing (CLAST) Program; or the student is enrolled in a five (5) year undergraduate degree program. Five (5) year eligibility does not apply to a program of study which leads to the simultaneous award of a graduate and an undergraduate degree. Additional terms of eligibility for five (5) year programs will be allowed based on the number of credit hours required by the institution for completion of the program of study as follows:

Semester Hours Required

Terms of Eligibility

132-143

9

144 or more

10

Quarter Hours Required

Terms of Eligibility

192-203

13

204-215

14

215 or more

15

(11) Matching contributions. Each institution shall submit to the Department the total matching contribution for its scholarship allocation no later than August 1 prior to the academic year for which funds are being matched.

(12) Other contributions. The Department shall deposit in the trust fund any moneys contributed by private sources for use toward Mary McLeod Bethune Scholarships. Contributions received by May 31 of each year shall be used to meet the cost of institution matching contributions for the following academic year. The Department shall allocate any such monies for use by all institutions or earmark the contribution for use by a specific institution, in accordance with the request of the private source contributor.

(13) Disbursement procedures. The Department shall disburse scholarship funds to the institution on a term-by-term basis. The Department shall disburse an amount each term equal to one-half (1/2) of the annual scholarship amount for semester institutions multiplied by the total number of scholarships allocated to the institution. The institution shall disburse the funds to eligible students each term upon confirming each student’s continued eligibility at the end of the regular registration period each term, inclusive of the drop-add period. Notwithstanding the provisions of paragraph 6A-20.002(1)(k), F.A.C., the institution shall remit, no later than April 1 of each year, full refunds for any term awards not disbursed during the academic year and full refunds for any disbursements made in error to ineligible students. Refunds for disbursements made to eligible recipients who withdraw during a term shall be submitted to the Department within sixty (60) days of the date that the student’s enrollment terminated. Such refunds will be in amounts consistent with the percentage of refund as defined by the institution’s refund policy.

(14) Transfer of awards during the academic year. A student may request a transfer of the award from one (1) eligible institution to another during an academic year. To be eligible for transfer during the academic year, the student must notify the Department in writing no later than November 15 of the student’s transfer to another eligible institution. The Department will transfer the student’s term award, including matching contribution, to the new institution. A student who changes from one eligible institution to another eligible institution between academic years must comply with the renewal application procedures and deadlines established by the institution the student plans to attend.

(15) Annual report. Each institution shall file an annual report due to the Department no later than April 1 of each academic year. The annual report shall contain, at a minimum, the following information:

(a) A list which includes the social security number, last name, first name, race, sex, and disbursement amount by term for each student, a summary count of the total number of students and total amount of disbursements by term, and a certification that each student listed met all of the eligibility criteria as described in Section 1009.73, F.S., and this rule.

(b) A reconciliation of funds received and utilized during the academic year including: the total number of scholarship allocations received from the Department; the amount of funds received by the institution each term; the total number of students who received disbursements each term; the amount of dollars disbursed to students each term; and any refunds paid to the Department as described under subsection (13) of this rule.

(c) The institution’s method for determining a student’s financial need pursuant to paragraph (16)(a) of this rule.

(16) Other institutional responsibilities.

(a) The institution shall develop a written policy which describes the institution’s method of determining the financial need of students who apply for Mary McLeod Bethune Scholarships. The institution shall use this policy consistently in the ranking of all eligible initial, renewal and reinstatement applicants for scholarships as described in paragraph (8)(b) of this rule.

(b) All institutions shall comply with all administrative responsibilities described in Rule 6A-20.002, F.A.C., including the provisions of any reports of demographic or directory information on awarded students as needed by the Department. Bethune-Cookman University, Edward Waters College and Florida Memorial University shall comply with Rule 6A-20.0021, F.A.C.

History

• Rulemaking Authority 1001.02(1), 1009.73(10) FS. Law Implemented 1009.73 FS. History–New 10-18-94, Amended 10-15-02.

Fla. Admin. Code R. 6A-20.030 Mary McLeod Bethune Scholarship Challenge Grant Fund

History

• Rulemaking Authority 229.053(1), 240.4125(10) FS. Law Implemented 240.1201, 240.404, 240.4045, 240.4125 FS. History–New 5-23-90, Repealed 10-18-94.

Fla. Admin. Code R. 6A-20.031 Florida Public Student Assistance Grant

(1) General Eligibility Requirements. To receive aid, a student shall meet the provisions of Sections 1009.21, 1009.40 and 1009.50, F.S. and Rules 6A-20.001, 6A-20.003 and 6A-20.0371, F.A.C., and:

(a) Be enrolled in an associate or baccalaureate degree program and not have previously received a baccalaureate degree.

(b) Be enrolled full-time, three-quarter-time, or half-time, as defined in Rule 6A-20.001 F.A.C., at the end of the drop-add period for each academic term in which the award is received, with award amounts commensurate with the level of enrollment;

(c) Be a United States citizen, permanent resident, or eligible noncitizen pursuant to regulations established by the U.S. Congress or the U.S. Department of Education for the receipt of federal student financial assistance.

(d) Meet the measurable progress standards of the institution.

(e) Not owe a repayment of a grant under the Pell Grant, Supplemental Educational Opportunity Grant, or any state grant or scholarship program, unless satisfactory arrangements to repay the grant have been made.

(f) Not be in default on any state loan program or any federal Title IV loan program, unless satisfactory arrangements to repay the loan have been made.

(2) Reinstatement awards. A student who met the requirements for renewal provided in Section 1009.40, F.S., but did not receive an award for a full academic year shall be eligible to apply for reinstatement during a subsequent application period. Each such student may be eligible for reinstatement if the student has earned a cumulative grade point average of 2.0 on a 4.0 scale at the last institution attended.

(3) Restoration awards. A student who fails to meet the renewal provisions of Section 1009.40, F.S., shall be eligible to apply for restoration during a subsequent application period. Each such student may be eligible for restoration if the student has earned an institutional cumulative grade point average of 2.0 on a 4.0 scale.

(4) Appeals. An applicant may appeal the denial of an award pursuant to Section 1009.42, F.S., and Rule 6A-20.0371, F.A.C.

(5) Period of the award. An award is made for the two (2) semesters or three (3) quarters or the equivalent of an academic year.

(6) Award procedures. The institution shall make preliminary determinations of applicant eligibility based on information it receives from the need analysis processor, cumulative grade point average, and earned credit information. The institution shall rank applicants who meet preliminary eligibility criteria by the expected family contribution cut-off established by the department and estimate individual award amounts, taking into consideration a standard cost of education budget, expected family contribution, and estimated Pell Grant award amounts. Each institution shall verify the eligibility of such students and provide individual award notices to the students.

(7) Institutional responsibilities. Each institution shall report to the department each term within thirty (30) days of the end of the institution’s regular drop/add period the social security number and award amount of each awarded student. Each institution shall report to the department each term within thirty (30) days of the end of the institution’s regular drop/add period the social security number of each eligible but not awarded student. Institutions will remit refunds and will submit accompanying documentation to the department within sixty (60) days of the end of the institution’s regular registration period or within sixty (60) days of the date of the transmittal of supplemental warrants.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1009.50(5) FS. Law Implemented 1009.40, 1009.42, 1009.50 FS. History–New 12-18-90, Amended 3-24-92, 10-18-94, 10-15-02, 2-21-23.

Fla. Admin. Code R. 6A-20.032 Florida Private Student Assistance Grant

(1) General eligibility requirements. To receive aid, a student shall meet the provisions of Sections 1009.21, 1009.40 and 1009.51, F.S., and Rules 6A-20.001, 6A-20.003 and 6A-20.0371, F.A.C., and:

(a) Be enrolled in an associate or baccalaureate degree program and not have previously received a baccalaureate degree.

(b) Be enrolled full-time, as defined in Rule 6A-20.001, F.A.C., at the end of the drop-add period for each academic term in which the award is received;

(c) Be a United States citizen or permanent resident, or eligible non-citizen pursuant to regulations established by the U.S. Congress or the U.S. Department of Education for the receipt of federal student financial assistance.

(d) Have met the measurable progress standards of the institution.

(e) Not owe a repayment of a grant under the Pell Grant, Supplemental Educational Opportunity Grant, or any state grant or scholarship program, unless satisfactory arrangements to repay the loan have been made.

(f) Not be in default on any state loan program or any federal Title IV loan program, unless satisfactory arrangements to repay the loan have been made.

(2) Reinstatement awards. A student who met the requirements for renewal provided in Section 1009.40, F.S., but did not receive an award for a full academic year shall be eligible to apply for reinstatement during a subsequent application period. Each such student may be eligible for reinstatement if the student has earned a cumulative grade point average of 2.0 on a 4.0 scale at the last institution attended.

(3) Restoration awards. A student who fails to meet the renewal provisions of Section 1009.40, F.S., shall be eligible to apply for restoration during a subsequent application period. Each such student may be eligible for restoration if the student has earned an institutional cumulative grade point average of 2.0 on a 4.0 scale.

(4) Appeals. An applicant may appeal the denial of an award pursuant to Section 1009.42, F.S., and Rule 6A-20.0371, F.A.C.

(5) Period of the award. An award is made for the two (2) semesters or three (3) quarters or the equivalent of an academic year.

(6) Award procedures. The institution shall make preliminary determinations of applicant eligibility based on information it receives from the need analysis processor, cumulative grade point average, and earned credit information. The institution shall rank applicants who meet preliminary eligibility criteria by the expected family contribution cut-off established by the department and estimate individual award amounts, taking into consideration a standard cost of education budget, expected family contribution, and estimated Pell Grant award amounts. Each institution shall verify the eligibility of such students and provide individual award notices to the students.

(7) Institutional responsibilities. Each institution shall report to the department each term within thirty (30) days of the end of the institution’s regular drop/add period the social security number and award amount of each awarded student. Each institution shall report to the department each term within thirty (30) days of the end of the institution’s regular drop/add period the social security number of each eligible but not awarded student. Institutions will remit refunds and will submit accompanying documentation to the department within sixty (60) days of the end of the institution’s regular registration period or within sixty (60) days of the date of the transmittal of supplemental warrants.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1009.51(5) FS. Law Implemented 1009.40, 1009.42, 1009.51 FS. History–New 12-18-90, Amended 3-24-92, 10-18-94, 11-3-02, 2-21-23.

Fla. Admin. Code R. 6A-20.033 Florida Postsecondary Student Assistance Grant

(1) General eligibility requirements. To receive aid, a student shall meet the provisions of Sections 1009.21, 1009.40 and 1009.52, F.S., and Rules 6A-20.001, 6A-20.003 and 6A-20.0371, F.A.C., and:

(a) Be enrolled in an associate or baccalaureate degree program and not have previously received a baccalaureate degree.

(b) Be enrolled full-time, as defined in Rule 6A-20.001, F.A.C., at the end of the drop-add period for each academic term in which the award is received;

(c) Be a United States citizen, permanent resident, or eligible non-citizen pursuant to regulations established by the U.S. Congress or the U.S. Department of Education for the receipt of federal student financial assistance.

(d) Have met the measurable progress standards of the institution.

(e) Not owe a repayment of a grant under the Pell Grant, Supplemental Educational Opportunity Grant, or any state grant or scholarship program, unless satisfactory arrangements to repay the loan have been made.

(f) Not be in default on any state loan program or any federal Title IV loan program, unless satisfactory arrangements to repay the loan have been made.

(2) Reinstatement awards. A student who met the requirements for renewal provided in Section 1009.40, F.S., but did not receive an award for a full academic year shall be eligible to apply for reinstatement during a subsequent application period. Each such student may be eligible for reinstatement if the student has earned a cumulative grade point average of 2.0 on a 4.0 scale at the last institution attended.

(3) Restoration awards. A student who fails to meet the renewal provisions of Section 1009.40, F.S., shall be eligible to apply for restoration during a subsequent application period. Each student may be eligible for restoration if the student has earned an institutional cumulative grade point average of 2.0 on a 4.0 scale.

(4) Appeals. An applicant may appeal the denial of an award pursuant to Section 1009.42, F.S., and Rule 6A-20.0371, F.A.C.

(5) Period of the award. An award is made for the two (2) semesters or three (3) quarters or the equivalent of an academic year.

(6) Award procedures. The institution shall make preliminary determinations of applicant eligibility based on information it receives from the need analysis processor, cumulative grade point average, and earned credit information. The institution shall rank applicants who meet preliminary eligibility criteria by expected family contribution cut-off established by the department and estimate individual award amounts, taking into consideration a standard cost of education budget, expected family contribution, and estimated Pell Grant award amounts. Each institution shall verify the eligibility of such students and provide individual award notices to the students.

(7) Institutional responsibilities. Each institution shall report to the department within thirty (30) days of the end of the institution’s regular drop/add period the social security number and award amount of each awarded student. Each institution will report to the department within thirty (30) days of the end of the institution’s regular drop/add period the social security number of each eligible, but not awarded students. Institutions will remit refunds and will submit accompanying documentation to the department within sixty (60) days of the end of the institution’s regular registration period or within sixty (60) days of the date of the transmittal of supplemental warrants.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1009.52(6) FS. Law Implemented 1009.40, 1009.42, 1009.52 FS. History–New 12-18-90, Amended 3-24-92, 10-18-94, 11-3-02, 2-21-23.

Fla. Admin. Code R. 6A-20.034 Vocational Gold Seal Endorsement Scholarship Program

History

• Rulemaking Authority 229.053(1), 240.4021(2) FS. Law Implemented 239.217, 240.1201, 240.4021, 240.404, 240.4042, 240.4045 FS. History–New 12-18-90, Amended 7-1-93, 3-15-94, 2-15-95, Repealed 12-22-97.

Fla. Admin. Code R. 6A-20.035 Vocational Achievement Grant Program

History

• Rulemaking Authority 229.053(1), 240.4022(11) FS. Law Implemented 232.2467, 240.1201, 240.4022, 240.4023, 240.404 FS. History–New 12-18-90, Repealed 2-18-93.

Fla. Admin. Code R. 6A-20.036 District Workforce Education Student Financial Aid Fee

(1) All financial aid fees collected from the optional financial aid fee authorized in section 1009.22(5), F.S., shall:

(a) Be deposited in the district’s Financial Aid Fee Trust Fund, which is the separate workforce education student financial aid trust fund. Revenue in this fund is to be used to pay in full or in part the fees of persons with demonstrated financial need. Funds used to pay students’ fees shall be transferred from the Financial Aid Fee Trust Fund to the district’s General Fund. Districts may implement an alternative accounting procedure in which financial aid fees are recorded in a discrete General Fund account which is subsequently reduced as these monies are used to pay course fees.

(b) Be used to pay in full or in part the fees of eligible students as quickly as possible. Funds not needed to pay fees may be carried forward for use in the following fiscal year.

(2) A student applying for financial aid must be a Florida resident and must complete a Pell Grant application. Districts shall use the Pell Grant assessment of the financial need in establishing criteria and procedures for approving financial aid fee awards.

(3) Districts shall be required to report on students who were awarded financial aid from this fee through the Department’s Comprehensive Management Information System, as prescribed in Rule 6A-1.0014, F.A.C.

(4) All financial aid fee revenue shall be reported in the district’s annual financial report, as prescribed in Rule 6A-1.0071, F.A.C.

(5) Districts shall be required to collect and provide to the Department of Education on request an annual report of financial aid fee data to include the following:

1. Amount of financial aid fees collected during the fiscal year;

2. Amount of financial aid fees paid; and,

3. Balance of financial aid fees unused or unobligated at the end of the fiscal year and carried forward to the next fiscal year.

History

• Rulemaking Authority 1001.02(1), 1008.35, 1009.22, 1010.01, 1011.01 FS. Law Implemented 1008.385, 1009.22, 1010.01, 1010.02, 1010.22, 1011.01(3)(a) FS. History–New 8-19-91, Amended 10-30-16.

Fla. Admin. Code R. 6A-20.037 Applicant’s Right to Appeal

History

• Rulemaking Authority 229.053(1), 240.4042(1) FS. Law Implemented 240.404, 240.4042, 240.4045 FS. History–New 3-24-92, Repealed 2-18-93.

Fla. Admin. Code R. 6A-20.0371 Right to Appeal Eligibility Determination

(1) This rule applies to all state student financial assistance programs administered by the Office of Student Financial Assistance (OSFA), Florida Department of Education (the department).

(2) Actions prior to appeal. An applicant who believes that OSFA has made an error in determining the applicant’s eligibility to receive a state student financial aid award, or has failed, in error, to transfer an award from one eligible institution to another when the applicant has met the deadline for requesting transfer of an award, should first seek to resolve the matter by contacting the program section of the OSFA and providing documentation necessary to resolve the issue.

(3) Circumstances for appeal. If the applicant believes that either of the situations identified in subsection (2) of this rule was not resolved with the program section of the OSFA, the applicant may file a formal written appeal for review by the Director, OSFA, using the following procedure:

(a) Submit a written appeal to the Director, Office of Student Financial Assistance, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. The written appeal must fully describe the nature of the error the applicant believes has been made and must contain documentation which supports the applicant’s claim of eligibility to receive a state student financial aid award or to have the award transferred to another eligible institution. A copy of the notice of the applicant’s ineligibility shall be attached to the written appeal.

(b) The written appeal shall be postmarked within thirty (30) days of the issue date of the notice of the award denial or notice that the award was not transferred. An applicant who fails to file a timely appeal waives the right of appeal.

(c) The Director of OSFA will respond to the applicant in writing within thirty (30) days of receiving the appeal.

(d) An applicant who wishes to appeal the decision of the Director of OSFA may request further review by an appeals committee in accordance with subsection (4) of this rule.

(4) Appeals committee. If an applicant continues to believe an error has been made after receiving the Director’s response to an appeal submitted in accordance with subsection (3) of this rule, the applicant may request further review by an appeals committee. The request for committee review must be submitted to the Director of the OSFA in writing within twenty (20) days of the date of the Director’s response to the applicant’s formal written appeal. A final decision will be issued by the appeals committee within thirty (30) days of receiving the applicant’s request for an appeals committee review. The applicant will be provided a written copy of the appeals committee’s decision in the form of a final order. The decision issued by the appeals committee is final agency action.

History

• Rulemaking Authority 1001.02(1), 1009.42(1) FS. Law Implemented 1009.42 FS. History–New 2-18-93, Amended 10-15-02.

Fla. Admin. Code R. 6A-20.038 Florida Work Experience Program

(1) General eligibility requirements. To receive aid, a student shall meet the provisions of Sections 1009.40 and 1009.77, F.S., and Rules 6A-20.001, 6A-20.003 and 6A-20.0371, F.A.C., and:

(a) Attend an eligible institution as specified in Section 1009.77(1), F.S.

(b) Enroll as an undergraduate student or a student in an approved educator preparation institute in an eligible program of study as specified in Section 1009.77(8), F.S., for at least six (6) credit hours or one hundred eighty (180) clock hours. A student may be employed during the break between two (2) consecutive terms.

(c) Demonstrate financial need by submitting, annually, a completed need analysis form approved by the department to the need analysis agency.

(d) Be a Florida resident for other than educational purposes for a minimum of twelve (12) months immediately preceding the first day of classes of the first term of the academic year for which funds are being requested.

(e) Have earned a minimum institutional cumulative grade point average of 2.0 on a 4.0 scale if an initial or reinstatement student; have earned a minimum 2.0 cumulative grade point average for all college work as of the end of the second semester or third quarter to be eligible for renewal of the award.

(f) A renewal applicant must have earned, during the previous summer and two (2) semesters or three (3) quarters, the following number of credit hours per term for the number of terms for which the award was received:

1. Twelve (12) credit hours or three hundred sixty (360) clock hours for full-time enrollment;

2. Nine (9) credit hours or two hundred seventy (270) clock hours for three-quarter time enrollment, or

3. Six (6) credit hours or one hundred eighty (180) clock hours for half-time enrollment. A student who fails to earn the required credits as of the end of the second semester or third quarter is not eligible to renew the award for the following year.

(g) Not owe a repayment of a federal grant or a state grant or scholarship program unless satisfactory arrangements to repay have been made.

(h) Not to be in default on any federal Title IV loan program or any state loan program, unless satisfactory arrangements to repay the loan have been made.

(2) Appeals. A student may appeal under the terms of Section 1009.42, F.S., and Rule 6A-20.0371, F.A.C.

(3) Maximum terms of eligibility. Students shall be eligible to participate in the program for one hundred ten (110) percent of the number of credit hours or clock hours required to complete the program of study in which enrolled or until receipt of a first baccalaureate degree, except as specified in Section 1009.77(1)(d), F.S., whichever comes first. An eligible five (5) year degree program is one which requires completion of at least one hundred thirty two (132) semester hours or one hundred ninety two (192) quarter hours for an undergraduate degree. Five (5) year eligibility does not apply to a program which leads to the simultaneous award of a graduate and undergraduate degree.

(4) Employment requirements. Postsecondary educational institutions shall contract with public or private employers. A participating postsecondary institution cannot contract with another postsecondary educational institution. Contracts shall include as a minimum the following institutional and employer responsibilities:

(a) Institutional responsibilities are:

1. To select and refer eligible students for consideration of employment by the employer.

2. To reimburse a private employer for up to seventy (70) percent of the student’s wages. If the employer is a public elementary or secondary school or the postsecondary institution, the institution shall reimburse the employer one hundred (100%) percent of the student’s wages. Reimbursement is limited to student wages and shall not include costs for fringe benefits, travel or other related employment costs.

3. To monitor the number of hours per week that the student works and the earnings of the student to avoid overcommitment of Florida Work Experience Program (FWEP) funds, or financial aid overawards.

4. To place the student in a job which is complementary to and reinforces the student’s educational program and career goals.

5. To determine the number of hours to be worked per week; however, the student’s award in combination with all other resources shall not exceed the student’s net financial need. The student’s earnings shall not exceed the FWEP award by more than three hundred (300) dollars per academic year.

6. To ensure that students participating in this program are not discriminated against by employers or prospective employers on the basis of race, color, national origin, sex or handicap in recruitment, hiring, placement, assignment to work tasks, hours of employment, levels of responsibility or in pay. An institution may not honor an employer’s request for students who are free of handicap or for students of a particular race, color, national origin or sex.

(b) Employer’s responsibilities are:

1. To place the student on the employer’s payroll and provide compensation to the student at least once per month. Such compensation shall be in an amount no less than the federal minimum hourly wage or the state minimum hourly wage, whichever is greater.

2. To be responsible for the total cost of mandatory benefits, including Social Security.

3. To provide the institution with a copy of a work agreement signed by the student and the employer which documents the duties of the job, the number of hours the student is to be employed, and the hourly rate of pay.

4. To develop and implement with the institution a program of supervision for each student which is consistent with the duties of the job and educational objectives of the student.

5. To certify that the work performed by the students employed does not displace regular employees.

6. To maintain time sheets for each student employed and provide copies to the institution when requesting reimbursement.

7. To regularly request reimbursement from the institution.

8. To provide an assurance that students will be accepted and assigned to jobs and otherwise treated without regard to race, color, national origin, sex or handicap if the employer enters into a written agreement with the institution.

(5) Other institutional responsibilities. A participating postsecondary institution shall:

(a) Determine student need in the same manner as it determines need for other need-based programs; however, earnings shall not be used to replace the family contribution.

(b) Count earnings for periods of employment during which students are not enrolled in the same manner as required by the federal Title IV College Work Study Program.

(6) On-campus student employment. Institutions may use up to one hundred (100%) percent of their total FWEP allocations for student employment within the institution. The institution shall be reimbursed for one hundred (100%) percent of student wages. Funds from other student financial aid sources shall not be used to provide the institution’s portion of mandatory benefits.

(7) Other reimbursable costs. Institutions may use up to ten (10) percent of their total FWEP allocations to meet the costs of program administration at the institution. Such costs may include, but are not limited to salaries, office supplies, printing and program advertising.

(8) Allocations. The department shall allocate funds annually to be used by institutions during the July 1 through June 30 state fiscal year. To be eligible for funds, institutions must certify to the department via the State Student Financial Aid Database by the deadlines established by the department by June 30 Form FWEP-1, Florida Work Experience Program Allocation Request; FWEP-2, Florida Work Experience Program Annual Financial Summary Report due by July 30; and Form FWEP-3, Disbursement Eligibility Report, due within thirty (30) days after the end of each term. These forms as incorporated by reference to become effective with the effective date of this rule can be obtained via the State Student Financial Aid Database at www.FloridaStudentFinancialAid.org. Allocations will be made by the department as follows:

(a) Each institution will receive a base allocation equal to the lesser of its reported expenditures for the prior fiscal year or the amount of its request unless a newly participating institution whose baseline will be an amount determined by the department. When funds are insufficient to make such allocations, each institution will receive a proportional allocation of available funds based on the current year appropriation to the total funds needed to meet the base allocation.

(b) From current year funds that become available during the fiscal year, the department may increase allocations to institutions based on the institutions’ original requests, written supplemental requests or as determined by the department based on other institutional needs.

(c) The department will provide for the delivery of funds to students each academic term by transmitting the funds to the institution for distribution to students.

(d) Any unused portion of an institution’s allocation shall be refunded to the department no later than June 1 of each year.

(9) Use of FWEP funds. Funds provided under this program shall not be used to replace institutional funds which would otherwise be used to support such student employment.

History

• Rulemaking Authority 1001.02(1), 1009.77(9) FS. Law Implemented 1009.40, 1009.42, 1009.77 FS. History–New 7-1-93, Amended 10-15-02, 9-22-08.

Fla. Admin. Code R. 6A-20.039 Florida Teacher Scholarship and Forgivable Loan Program

History

• Rulemaking Authority 229.053(1), 240.4063(1), 240.465 FS. Law Implemented 231.62, 240.404, 240.4042, 240.4063, 240.465 FS. History–New 7-1-93, Amended 4-18-96, 10-15-02, Repealed by Chapter 2011-37, Laws of Florida, 5-5-11.

Fla. Admin. Code R. 6A-20.040 Occupational Therapist or Physical Therapist Tuition Reimbursement Program

History

• Rulemaking Authority 240.6072(3) FS. Law Implemented 240.4042, 240.6071, 240.6072, 1009.66 FS. History–New 2-18-93, Amended 10-15-02, Repealed by Chapter 2010-70, Laws of Florida, 7-1-10.

Fla. Admin. Code R. 6A-20.041 Occupational Therapist or Physical Therapist Student Loan Forgiveness Program

History

• Rulemaking Authority 240.6072(3) FS. Law Implemented 240.4042, 240.6071, 240.6072, 240.6073 FS. History–New 2-18-93, Amended 10-15-02, Repealed by Chapter 2010-70, Laws of Florida, 7-1-10.

Fla. Admin. Code R. 6A-20.042 Occupational Therapist or Physical Therapist Scholarship Loan Program

History

• Rulemaking Authority 229.053(1), 240.6072(3), 240.6074(4)(b) FS. Law Implemented 240.404, 240.4042, 240.6071, 240.6072, 240.6074 FS. History–New 2-18-93, Amended 2-15-95, 4-18-96, 10-15-02, Repealed by Chapter 2010-70, Laws of Florida, 7-1-10.

Fla. Admin. Code R. 6A-20.044 Limited Access Competitive Grant

History

• Rulemaking Authority 229.053(1), 240.4041, 240.6045(6) FS. Law Implemented 240.404, 240.4042, 240.6045 FS. History–New 3-20-96, Repealed by Chapter 2002-387, Laws of Florida, 1-7-03.

Fla. Admin. Code R. 6A-20.045 Open Door Grant Program

(1) Purpose. The purpose of this rule is to set forth the requirements relating to the Open Door Grant Program, which is created to incentivize current and future workers to enroll in career and technical education that leads to a credential, certificate, or degree.

(2) Definitions.

(a) “Cost of the program” means the cost of tuition, fees, examination, assessments, books, and related course supplies, equipment and materials. Examination costs can include vouchers for third-party testing vendors.

(b) “Other educational expenses” include transportation and personal costs, in addition to, housing and food living expenses that are tied to a student’s institutional cost of attendance. Students that receive a stipend to offset institutional cost of attendance expenses may not receive an amount that exceeds one thousand five hundred dollars ($1,500) per academic year.

(c) “Department” means the Florida Department of Education.

(d) “Eligible institution” means a school district postsecondary technical career center under Section 1001.44, F.S., a Florida College System institution under Section 1000.21(3), F.S., or a charter technical career center under Section 1002.34, F.S.

(e) “Eligible program” means integrated education and training (IET) programs as specified in Section 1009.895(2)(b), F.S., which result in the award of credentials on the Master Credential List or any of the following workforce education programs that are included on the Master Credentials List: career certificate, applied technology diploma, registered apprenticeship certificate, preapprenticeship certificate, college credit certificate, associate in science degree, associate in applied science degree, non-credit program resulting in an industry certification on the Master Credentials List. The credential or program must be on the Master Credential List at the time of initial enrollment in program.

(f) “Integrated Education and Training” (IET) means programs that provide adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training, as defined by 34 CFR Part 463, Subpart D, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13508), (September 19, 2016). These federal regulations are incorporated by reference and may be obtained by contacting the Division of Florida Colleges, 325 West Gaines Street, Tallahassee, Florida 32399.

(g) “Master Credential List” means the list of nondegree and degree programs under Section 445.004(4), F.S., determined by the Credentials Review Committee that result in a credential of value. The Master Credential List is available at https://careersourceflorida.com/boardroom/florida-credentials-review-committee/master-credentials-list/.

(h) “State or federal financial aid” means scholarships and grants whose fund sources are the State of Florida or the federal government.

(i) “Allocation Formula” means the calculation by the Department to allocate funds to an eligible institution for the administration of the Open Door Grant Program.

(3) General Eligibility Requirements. To receive aid, a student shall meet the provisions of Sections 1009.21, 1009.40, and 1009.895, F.S., and Rules 6A-20.001, 6A-20.003, and 6A-20.0371, F.A.C., and:

(a) Be admitted to and enrolled in an eligible program at an eligible institution;

(b) Be a resident of this state as determined under Section 1009.40(1)(a)2., F.S.;

(c) Be a United States citizen, permanent resident, or eligible noncitizen pursuant to regulations established by the U.S. Congress or the U.S. Department of Education for the receipt of federal student financial assistance; and

(d) Meet the application procedures established by the eligible institution.

(4) Period of the award. An award is authorized to be made during the fall, spring, or summer semesters (or the equivalent) of an academic year.

(5) Appeals. An applicant may appeal the denial of an award pursuant to Section 1009.42, F.S., and Rule 6A-20.0371, F.A.C.

(6) Award procedures. The institution shall:

(a) Make determinations of applicant eligibility based on information it receives on the student application created by the particpiating institution;

(b) Make awards subject to availability of funding where returning students must be given priority over new students; and

(c) Verify the eligibility of such students and provide individual award notices to the students.

(7) Institutional Application. If funds are designated in the General Appropriations Act, institutions seeking eligibility for participation in the program must comply with Rule 6A-20.002(1)(j), F.A.C.

(8) Institutional Requirements. Institutions must meet the provisions of Sections 1009.46 and 1009.895, F.S., and Rule 6A-20.002, F.A.C.

(a) Reporting. Within thirty (30) days after the end of the regular registration period each term, institutions must report to the Department via State Student Financial Aid Database:

1. Student demographic information and the amount awarded to each student; and

2. Student demographic information of each student who is eligible for the grant, but who was not awarded grant funds.

(b) Refunds. Institutions must remit refunds with accompanying documentation to the department within thirty (30) days of the end of the institution’s summer term.

(9) Allocation Formula. For the 2024-25 fiscal year and beyond, each institution will receive a minimum base allocation of ninety (90) percent of disbursements for the prior fiscal year or a proportional amount when funds are insufficient to make such an allocation. From remaining funds, each institution will receive a proportional amount based on the average number of full-time equivalent disbursed students and total unduplicated number of otherwise eligible students reported for the prior three (3) years.

History

• Rulemaking Authority 1001.02(1), (2)(n), 1009.895(7) FS. Law Implemented 1009.895 FS. History‒New 9-21-21, Amended 9-20-22, 2-20-24.

Fla. Admin. Code R. 6A-20.046 Pathways to Career Opportunities Grant Program

(1) Purpose. The purpose of this rule is to set forth the requirements for the notice of the Pathways to Career Opportunities Grant Program and the reporting required by the Department on the grant.

(2) Notice of Grant Program. Each year that the grant is funded by the legislature, the Department will publish notice of the availability of grants at www.fldoe.org/pathwaysgrant and request for proposals. The notice will include:

(a) Notification of the grant period:

(b) Notification of the date to submit a notice of intention to apply for a grant;

(c) Notification of the earliest and latest date to apply for the grant;

(d) Notification of apprenticeship regions; and

(e) The dollar amount of available grant funds.

(3) In order to be eligible for a grant, proposals to create, expand or operate apprenticeship and preapprenticeship programs must include the following:

(a) A narrative describing the need for the apprenticeship or preapprenticeship program, its design, the geographic area to be served, anticipated enrollment by occupation for three (3) years and plans for recruiting, selecting and retaining persons in the program;

(b) The amount of funds requested;

(c) A proposed budget for the program that includes personnel costs, operating expenses, equipment costs and training expenses; and

(d) For registered programs, a certificate of registration awarded under Rule 6A-23.003 or 6A-23.010, F.A.C. or for proposed new programs, a training plan for the program that meets the requirements for registration under Rule 6A-23.003, 6A-23.004, or 6A-23.010, F.A.C.

(e) All applicants must certify to the Department that the entity will not use grant funds for prohibited expenditures as outlined in subsection (6) of this rule.

(4) Grants will be awarded based upon the criteria established in Section 1011.802(2)(a) and (b), F.S., and subsection (3) of this rule. Should an annual appropriation be insufficient to fund all proposals that meet the grant requirements, at least one grant will be awarded in each of the apprenticeship regions. Proposals to fund critical statewide or regional shortages as set forth in Section 1011.802(2)(a), F.S., will be prioritized for an award.

(5) Reporting Under the Grant. Annually, by December 31st, the Department will publish a report at www.fldoe.org/pathwaysgrant detailing the information set forth in Section 1011.802(5), F.S.

(a) Employment and wage data will be derived from data submitted to the Florida Education and Training Placement Information System Program data collection system established under Section 1008.39, F.S.

(b) Retention and completion data will be derived via the process outlined in Rule 6A-23.011, F.A.C.

(6) Prohibitions related to use of grant funds.

(a) In accordance with Section 1011.802(3), F.S., grant recipients may not use grant funds for the administrative, indirect, or other extraneous expenses that are not associated with the creation, expansion, or operation of an apprenticeship program.

(b) Examples of prohibited expenses include advocating for diversity, equity, and inclusion (DEI), promoting or engaging in political or social activism, and purchasing membership in any organization that discriminates based on race, color, national origin, sex, disability, or religion. In this rule the terms “DEI” and “political or social activism” have the same meaning as defined in Rule 6A-14.0718, F.A.C.

(c) Grant recipients must have procedures in place designed to ensure that grant funds provided to subcontractors are not used for administrative, indirect, or extraneous expenses as outlined in paragraphs (6)(a)-(b).

History

• Rulemaking Authority 1001.02(1), (2)(n), 1011.802 FS. Law Implemented 1011.802 FS. History‒New 5-3-22, Amended 9-26-23, 8-19-25.

Fla. Admin. Code R. 6A-20.050 Nursing Student Loan Forgiveness Program

(1) Initial Application. To qualify for enrollment into the Nursing Student Loan Forgiveness Program, the applicant must be a certified nurse performing nursing duties full-time at an eligible facility cited in Section 1009.66(1), F.S.

(2) For a nurse employed by more than one eligible facility, the determination of full-time status is based on the combination of all qualifying employment that exceeds an average of thirty-five (35) hours weekly.

(3) The applicant must submit a Nursing Student Loan Forgiveness Program Application Package (http://www.flrules.org/Gateway/reference.asp?No=Ref-06159) consisting of: a completed Nursing Student Loan Forgiveness Program (NSFLP) Initial Application, Form NSLF-1 (effective January 2016); a completed Nursing Student Loan Forgiveness Program (NSLFP) Employment Verification, Form NSLF-2 (effective January 2016); a completed Nursing Student Loan Forgiveness Program (NSLFP) Loan Principal Certification, Form NSLF-3 (effective January 2016); a photocopy of the applicant’s current nursing license; and a photocopy of the applicant’s nursing school diploma. The Nursing Student Loan Forgiveness Program Application Package is incorporated by reference and available from the Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400 and http://www.floridastudentfinancialaid.org/FFELP/Nursing_Loan_Forgiveness/NursingLoanForgiveness.html.

(4) The entire application package, including a photocopy of the applicant’s current nursing license and a photocopy of the applicant’s nursing school diploma, must be received by the deadline date for each quarterly enrollment. Deadline dates are: December 1 for January 1 enrollment; March 1 for April 1 enrollment; June 1 for July 1 enrollment; and September 1 for October 1 enrollment. Applications received after the deadline date will not be processed. Applicants who meet eligibility requirements in the future may reapply for participation in the program.

(5) Renewal Application. In order to continue in the Nursing Student Loan Forgiveness Program, program participants must renew annually. The Nursing Student Loan Forgiveness Program Renewal Packet (http://www.flrules.org/Gateway/reference.asp?No=Ref-06160), consisting of the Nursing Student Loan Forgiveness Program Participant Renewal and Payment Form, Form NSLF-4 (effective January 2016), and Nursing Student Loan Forgiveness Program Renewal Loan Principal Certification (renewal), Form NSLF-5 (effective January 2016), are incorporated by reference and available from the Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400 and http://www.floridastudentfinancialaid.org/FFELP/Nursing_Loan_Forgiveness/NursingLoanForgiveness.html. The Participant Renewal and Payment Form, Form NSLF-4, and Loan Principal Certification, Form NSLF-5, will be mailed annually to program participants, by the Department, approximately thirty (30) days prior to the participant’s anniversary date of initial enrollment.

(6) The Participant Renewal and Payment Form, Form NSLF-4, and Loan Principal Certification, Form NSLF-5, must be received annually by the Department by the deadline date, which is based on the participant’s initial enrollment date. Deadline dates are: January 31, April 30, July 31 and October 31.

(7) Payment. The Department will provide for the delivery of funds directly to the program participant’s loan holder, on behalf of the program participant, by use of the Loan Principal Certification, Form NSLF-5, requesting the State Comptroller to issue warrants made payable to the program participant’s loan holder for any of the participant’s education loans that are not in default.

(8) Program participants must maintain the payment schedule agreed upon with their loan holder while enrolled in the program.

(9) Match Site Facilities Payment. Match site facilities are Florida licensed hospitals, birth centers and nursing homes cited in Section 1009.66(7), F.S., that employ program participants. They must match funds awarded from the program on a dollar-for-dollar basis.

(10) Match site facilities must annually pay fifty percent of the amount to be forwarded to the program participant’s loan holder. The maximum amount a match site facility is required to pay is $2,000 per year, per program participant.

(11) The Department will notify the match site facility of the amount due, as the match portion of the annual payment, for each program participant employed at that facility, within thirty (30) days of the renewal application deadline.

(12) Matching funds payments must be received by the Department no later than thirty (30) days after notification by the Department.

(13) The Department will not authorize a payment to a program participant’s loan holder until the matching funds payment is received by the Department.

(14) Program participants whose eligible facility does not provide the matching funds payment will not have a payment forwarded to their loan holder and can not renew participation in the program, and the program participant’s agreement will be terminated. Terminated program participants who meet eligibility requirements in the future may reapply for participation in the program.

(15) Affected program participants will be notified by the Department of their program status.

History

• Rulemaking Authority 1009.66 FS. Law Implemented 1009.66 FS. History–New 3-10-02, Amended 1-7-03, Formerly 64E-23.001, Amended 1-7-16.

Fla. Admin. Code R. 6A-20.051 Renewal

History

• Rulemaking Authority 1009.66 FS. Law Implemented 1009.66 FS. History–New 3-10-02, Amended 1-7-03, Formerly 64E-23.002, Repealed 1-7-16.

Fla. Admin. Code R. 6A-20.052 Payment

History

• Rulemaking Authority 1009.66 FS. Law Implemented 1009.66 FS. History–New 3-10-02, Amended 1-7-03, Formerly 64E-23.003, Repealed 1-7-16.

Fla. Admin. Code R. 6A-20.053 Match Site Facilities Payment Requirement

History

• Rulemaking Authority 1009.66 FS. Law Implemented 1009.66 FS. History–New 3-10-02, Formerly 64E-23.004, Repealed 1-7-16.

Fla. Admin. Code R. 6A-20.060 Nursing Scholarship Program Application

A scholarship award shall be made to an eligible nursing student who submits:

(1) A completed Nursing Student Scholarship Application, NSI, effective February 2016, (http://www.flrules.org/Gateway/reference.asp?No=Ref-06386) no later than thirty (30) days after enrolling for the first semester or quarter of nursing school attendance. The Nursing Student Scholarship Application is incorporated by reference and is available from the Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400.

(2) A signed and dated Nursing Scholarship Program Agreement, NS2, effective February 2016, (http://www.flrules.org/Gateway/reference.asp?No=Ref-06387) which is incorporated by reference and available from the Department of Education, 325 West Gaines Street, Suite 1314, Tallahassee, Florida 32399-0400. The department must receive the Nursing Scholarship Program Agreement no later than sixty (60) days after enrollment in the first semester or quarter of nursing school attendance. The Nursing Scholarship Program Agreement will be mailed to approved scholarship recipients by the department.

(3) The department shall provide additional time to enroll in a nursing program, if it finds extraordinary circumstances prevented a recipient from enrolling in nursing school for the semester or quarter indicated on the application. Extraordinary circumstances are: recipient chronic illness, injury or disease, supported by attending physician’s statement; chronic illness, injury, disease or death of a recipient’s immediate family member, supported by attending physician’s statement. Immediate family members of recipient include: spouse, children, parents, brother, sister.

(4) Notice of scholarship award and payment: Within ten (10) working days of the selection of nursing scholars, the department shall inform scholars in writing of their selection. Within ten (10) working days of the receipt of the notice of the scholarship award, the scholars must return a notarized affidavit and grant agreement agreeing to the required period of service in a medically underserved area.

(5) Upon receipt of the signed Nursing Scholarship Program Agreement, NS2 and proof of registration as a full-time student in an approved nursing program, the department shall submit an invoice for payment of one half of the total annual award to the scholar.

(6) Payment of subsequent amounts will require continued proof of full-time enrollment in the nursing program and proof of continued satisfactory academic standing and progress.

(7) Payment shall not exceed $8,000 for undergraduate and $12,000 for graduate nursing studies in any academic year.

(8) Scholarship recipients must begin the full-time employment service obligation no later than three (3) months after receiving Florida licensure or certification and no later than twelve (12) months after graduating from nursing school. Eligible health care facilities are county-, state- or federally-operated medical or health care facilities, colleges of nursing in state universities and the Florida College System institution nursing programs, family practice teaching hospitals as defined in Section 395.805, F.S., or specialty children’s hospitals as described in Section 409.9119, F.S.

(9) The department shall provide additional time for repayment if the department determines that circumstances beyond the control of the recipient caused or contributed to the default. Circumstances that will be considered beyond the control of the recipient are: recipient chronic illness, injury or disease, supported by attending physician’s statement; recipient dismemberment or death, supported by attending physician’s statement or certified copy of death certificate; chronic illness, injury disease or death of a recipient’s immediate family member, supported by attending physician’s statement. Immediate family members of recipient include: spouse, children, parents, brother, sister. In the case of the death of a recipient, the recipient’s surviving family or estate will not be responsible for the scholarship repayment.

History

• Rulemaking Authority 1009.67(6) FS. Law Implemented 1009.67 FS. History–New 3-10-02, Formerly 64E-24.001, Amended 2-9-16.

Fla. Admin. Code R. 6A-20.061 Nursing Scholarship Program Scholarship Repayment

History

• Rulemaking Authority 1009.67 FS. Law Implemented 1009.67 FS. History–New 3-10-02, Formerly 64E-24.002, Repealed 2-9-16.

Fla. Admin. Code R. 6A-20.062 Nursing Scholarship Program Penalties for Defaulting

History

• Rulemaking Authority 1009.67 FS. Law Implemented 1009.67 FS. History–New 3-10-02, Formerly 64E-24.003, Repealed 2-9-16.

Fla. Admin. Code R. 6A-20.063 Payment of Scholarship Funds

History

• Rulemaking Authority 1009.67 FS. Law Implemented 1009.67 FS. History–New 12-13-94, Formerly 10D-124.003, Repealed 2-9-16.

Fla. Admin. Code R. 6A-20.064 Placement of Nursing Scholars

History

• Rulemaking Authority 1009.67 FS. Law Implemented 1009.67 FS. History–New 12-13-94, Formerly 10D-124.004, Repealed 2-9-16.

Fla. Admin. Code R. 6A-20.099 Florida Federal Family Education Loan Program

General purpose and authority of the Department of Education as the state guarantee agency. The primary purpose of the Florida Federal Family Education Loan Program (FFFELP) is to provide financial assistance to students in pursuit of postsecondary education. The Department of Education, hereinafter referred to as the Department, shall serve as the designated agency within the state to administer student loans and loan guarantees authorized by law for persons determined eligible under the applicable provisions of the Higher Education Act of 1965 as amended (ACT). The Department shall ensure that its programs meet the requirements of 34 CFR 600, 34 CFR 668 and 34 CFR 682. The Department shall require participating parties in the FFFELP to comply with the ACT and the Code of Federal regulations as cited herein.

History

• Rulemaking Authority 1009.90 FS. Law Implemented 1009.90, 1009.91, 1009.92, 1009.95 FS. History–New 4-18-96, Amended 9-30-99. Cf. Title 34, Parts 600, 668 and 628, Code of Federal Regulations.

Fla. Admin. Code R. 6A-20.100 Definitions of Terms for the Florida Guaranteed Loan Programs

History

• Rulemaking Authority 229.053(1), 240.424(1) FS. Law Implemented 240.424, 240.429, 240.431 FS. History–New 10-23-86, Amended 6-29-87, 4-9-89, Repealed 4-18-96.

Fla. Admin. Code R. 6A-20.101 Florida Guaranteed Loan Programs, General

History

• Rulemaking Authority 229.053(1), 240.424(1) FS. Law Implemented 240.224, 240.429, 240.431, 240.465 FS. History–New 10-23-86, Amended 6-29-87, 4-9-89, Repealed 4-18-96.

Fla. Admin. Code R. 6A-20.102 Florida Guaranteed Loan Programs, Participation

History

• Rulemaking Authority 229.053(1), 240.424(1) FS. Law Implemented 240.424, 240.429, 240.431 FS. History–New 10-23-86, Amended 7-5-87, 4-9-89, 6-23-92, Repealed 4-18-96.

Fla. Admin. Code R. 6A-20.103 Florida Guaranteed Loan Programs, Program Compliance

History

• Rulemaking Authority 229.053(1), 240.424(1) FS. Law Implemented 240.424, 240.429, 240.431, 240.465 FS. History–New 10-23-86, Repealed 4-18-96.

Fla. Admin. Code R. 6A-20.104 Florida Guaranteed Loan Programs: Limitation, Suspension, and Termination

History

• Rulemaking Authority 229.053(1), 240.424(1) FS. Law Implemented 240.424, 240.429, 240.431, 240.465 FS. History–New 10-23-86, Amended 6-29-87, 4-9-89, Repealed 4-18-96.

Fla. Admin. Code R. 6A-20.105 Florida Guaranteed Loan Programs, Loan, Origination and Proceeds

History

• Rulemaking Authority 229.053(1), 240.424(1) FS. Law Implemented 120.55(1)(a)4., 240.424, 240.429, 240.431 FS. History–New 10-23-86, Amended 7-16-87, 4-9-89, Repealed 4-18-96.

Fla. Admin. Code R. 6A-20.106 Florida Guaranteed Loan Programs, Interim Period Servicing

History

• Rulemaking Authority 229.053(1), 240.424(1) FS. Law Implemented 120.55(1)(a)4., 240.424, 240.429, 240.431 FS. History–New 10-23-86, Amended 6-29-87, 4-9-89, Repealed 4-18-96.

Fla. Admin. Code R. 6A-20.107 Florida Guaranteed Loan Programs, Note Transfers

History

• Rulemaking Authority 229.053(1), 240.424(1) FS. Law Implemented 240.424, 240.429, 240.431 FS. History–New 10-23-86, Amended 6-29-87, 4-9-89, Repealed 4-18-96.

Fla. Admin. Code R. 6A-20.108 Florida Guaranteed Loan Programs, Loan, Repayment

History

• Rulemaking Authority 229.053(1), 240.424(1) FS. Law Implemented 240.424, 240.429, 240.431 FS. History–New 10-23-86, Amended 7-16-87, 9-22-88, 4-9-89, Repealed 4-18-96.

Fla. Admin. Code R. 6A-20.110 Florida Guaranteed Loan Programs: Claims, Reinsurance, and Defaulted Loan Collections

History

• Rulemaking Authority 120.55(1)(a)4., 229.053(1), 240.424(1), 240.465(7) FS. Law Implemented 120.55(1)(a)4., 240.424, 240.429, 240.431 FS. History–New 10-23-86, Amended 7-5-87, 2-16-88, 9-22-88, 4-9-89, Repealed 4-18-96.

Fla. Admin. Code R. 6A-20.111 Criteria for Documentation of Disability

This rule is adopted to implement the requirements of Section 1009.41, F.S., to establish criteria for documentation of a postsecondary student’s disability, as defined by the Americans with Disabilities Act, for financial aid eligibility as a part-time student.

(1) The professional who prepares documentation must have expertise in the area related to the disability in question and be a licensed physician; a licensed psychologist; a licensed school psychologist; a certified school psychologist; a licensed audiologist; a licensed speech-language pathologist; or, a certified school speech-language pathologist.

(2) The documentation must be sufficiently recent, as determined by the educational institution, and include a valid and reasonable assessment of the student’s needs; be specific and conclusive, demonstrating that the student has physical, emotional or mental impairment(s) which substantially limit(s) one or more major life activities, as well as showing how the disability will substantially limit the student’s ability to meet the minimum full-time load requirements.

(3) The educational institution shall notify the Office of Student Financial Assistance with each term’s disbursement report of any student with disabilities for whom the part-time status is a necessary accommodation.

History

• Rulemaking Authority 1001.02(1), 1009.41 FS. Law Implemented 1009.41 FS. History–New 3-12-00.

Chapter 6A-22 REEMPLOYMENT SERVICES - WORKERS' COMPENSATION

Fla. Admin. Code R. 6A-22.001 Definitions

History

• Rulemaking Authority 440.491(5), (6), (7) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 2-9-00, 6-26-01, Formerly 38F-55.001, Amended 5-5-04, 5-7-09, Transferred to 69L-22.001.

Fla. Admin. Code R. 6A-22.002 Rehabilitation Provider Qualifications

History

• Rulemaking Authority 440.491(7) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.002, Amended 5-5-04, 2-22-05, 5-7-09, Transferred to 69L-22.002.

Fla. Admin. Code R. 6A-22.003 Reemployment Status Review

History

• Rulemaking Authority 440.491(3), (4), (5), (6), (8) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.005, Amended 5-7-09, Transferred to 69L-22.003.

Fla. Admin. Code R. 6A-22.0031 Reemployment Assessments

History

• Rulemaking Authority 440.491(7)(e) FS. Law Implemented 440.491 FS. History–New 5-5-04, Transferred to 69L-22.0031.

Fla. Admin. Code R. 6A-22.004 Notice Requirements

History

• Rulemaking Authority 440.491(5), (6), (8) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.006, Amended 3-1-05, 5-7-09, Transferred to 69L-22.004.

Fla. Admin. Code R. 6A-22.005 Carrier Referrals for Services

History

• Rulemaking Authority 440.491(5), (6), (8) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.008, Transferred to 69L-22.005.

Fla. Admin. Code R. 6A-22.006 Screening Process

History

• Rulemaking Authority 440.491(6) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.009, Amended 5-5-04, 5-7-09, Transferred to 69L-22.006.

Fla. Admin. Code R. 6A-22.007 Vocational Evaluations

History

• Rulemaking Authority 440.491(5), (6), (8) FS. Law Implemented 440.491 FS. History–New 7-1-96, Formerly 38F-55.010, Transferred to 69L-22.007.

Fla. Admin. Code R. 6A-22.008 Reemployment Services and Programs

History

• Rulemaking Authority 440.491(5), (6) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 2-9-00, 6-26-01, Formerly 38F-55.011, Amended 3-1-05, 5-7-09, Transferred to 69L-22.008.

Fla. Admin. Code R. 6A-22.009 Employee Responsibilities

History

• Rulemaking Authority 440.491(5), (6) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.012, Amended 3-1-05, 5-7-09, Transferred to 69L-22.009.

Fla. Admin. Code R. 6A-22.010 Reporting Services and Costs: Qualified Rehabilitation Provider and Employer or Carrier Responsibilities

History

• Rulemaking Authority 440.491(5), (6), (7) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.013, Amended 5-5-04, 5-7-09, Transferred to 69L-22.010.

Fla. Admin. Code R. 6A-22.011 List of Forms

History

• Rulemaking Authority 440.491(5), (6), (7) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.014, Amended 5-5-04, 5-7-09, Transferred to 69L-22.011.

Fla. Admin. Code R. 6A-22.012 Expenditures from the Workers’ Compensation Administrative Trust Fund

History

• Rulemaking Authority 440.491(5), (6), (7), (8) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 12-2-98, 6-26-01, Formerly 38F-55.015, Amended 5-7-09, Transferred to 69L-22.012.

Chapter 6A-23 APPRENTICESHIP PROGRAMS

Fla. Admin. Code R. 6A-23.001 Purpose and Scope

History

• Rulemaking Authority 446.032 FS. Law Implemented 446.032 FS. History–New 6-9-81, Formerly 38C-16.01, Amended 5-29-90, Formerly 38C-16.001, 38H-16.001, Repealed 3-29-11.

Fla. Admin. Code R. 6A-23.002 Definitions

As used in Rules 6A-23.002, 6A-23.003, 6A-23.004, 6A-23.005, 6A-23.006, 6A-23.008, 6A-23.009, 6A-23.010 and 6A-23.011:

(1) “Administrator” means the Administrator of the Florida Department of Education’s (Department) Office of Apprenticeship, or any person specifically designated by the Administrator.

(2) “Apprentice” means a person at least sixteen (16) years of age and who has entered into an apprenticeship agreement with a registered apprenticeship program sponsor and who is engaged in learning an apprenticeable occupation through actual work experience under the supervision of journeyworkers. The apprentice must be a paid employee of the sponsor or participating employer.

(3) “Apprenticeship Agreement” means a written agreement between an apprentice and a participating employer or an apprenticeship committee acting as agent for the participating employer, which contains the terms and conditions of the employment and training of the apprentice. Requirements for the Apprenticeship Agreement are outlined in Rule 6A-23.005, F.A.C.

(4) “Apprenticeship Committee” means those persons designated by the sponsor to administer the program. A committee may be either joint or non-joint, as follows:

(a) “Joint Apprenticeship Committee” means a committee composed of an equal number of representatives of employers and employees, which has been established by an employer or group of employers and a bona fide collective bargaining agent or agents to conduct, operate, or administer an apprenticeship program and enter into apprenticeship agreements with apprentices selected for employment under the particular program.

(b) “Non-Joint Apprenticeship Committee” means a committee which may also be known as an individual or unilateral or group non-joint (which may include employees) committee, has employer representatives, but does not have a bona fide collective bargaining agreement as a participant.

(5) “Apprenticeship Program” means a plan containing all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices, including the requirement for a written apprenticeship agreement.

(6) “Apprenticeship Training Representative” means an individual representative of the Department properly authorized to act on behalf of the Department in matters concerning registered apprenticeship and preapprenticeship.

(7) “Cancellation” means the termination of the registration or approval status of a program at the request of the sponsor, or the termination of an Apprenticeship Agreement at the request of the apprentice.

(8) “Certificate” means documentary evidence that:

(a) The Department has approved a set of standards developed by an organization, joint or non-joint, for policy or guideline use as conforming to the Standards of Apprenticeship;

(b) The Department has registered an apprenticeship program as evidenced by a Certificate of Registration; or

(c) The Department has determined that an individual has successfully completed apprenticeship training as verified by the program sponsor.

(9) “Competency” means the attainment of manual, mechanical, or technical skills, and knowledge as specified by an occupational standard and demonstrated by a written and hands-on proficiency measurement.

(10) “Completion Rate” means the percentage of an apprenticeship cohort that receive a certificate of apprenticeship completion within one (1) year of the projected completion date. An apprenticeship cohort is the group of individual apprentices registered to a specific program during a one-year time frame, except that a cohort does not include apprentices whose apprenticeship agreements have been canceled during the probationary period.

(11) “Department” means the Florida Department of Education, which is the Registration Agency for federal apprenticeship purposes.

(12) “Electronic Media” means media that utilizes electronics or electromechanical energy for the end user to access the content and includes, but is not limited to, electronic storage media, transmission media, the Internet, extranet, lease lines, dial-up lines, private networks, and the physical movement of removable or transportable electronic media or interactive distance learning.

(13) “Established Industry Practices” means the length of training required by the majority of registered program standards for the particular apprenticeable occupation.

(14) “Established Journeyworker Hourly Rate” means the average of the hourly rates paid to journeyworkers within the same apprenticeable occupation by participating employers in an apprenticeship program.

(15) “Federal Purposes” means any federal contract, grant, agreement or arrangement dealing with apprenticeship; and any federal financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference or right pertaining to apprenticeship.

(16) “Interim Credential” means a credential or certificate issued to the apprentice by the program sponsor, employer, or third-party credentialing entity.

(17) “Journeyworker” means a person working in an apprenticeable occupation who has successfully completed a registered and state-approved apprenticeship program or who has worked the number of years required by established industry practices for the occupation and, if required for the specific industry, has passed the appropriate state-approved industry test. Use of the term may also refer to a mentor, technician, specialist, or other skilled worker who has documented sufficient skills and knowledge of an occupation through practical on-the-job experience and formal training.

(18) “On-the-Job Training” (OJT) means the process by which an apprentice or pre-apprentice acquires knowledge and skills under the supervision and tutelage of an experienced journeyworker within an apprenticeable occupation registered with the Department. On-the-Job Training is the monitoring and training responsibility of the sponsor or participating employer.

(19) “Participating Employer” means a business entity which:

(a) Is actively engaged by and through its own employees in the actual work of the occupation being apprenticed;

(b) Employs, hires, and pays the wages of the apprentice and the journeyworker training the apprentice;

(c) Evaluates the apprentice; and

(d) Is signatory to a collective bargaining agreement or signatory to a participating employer agreement with the program sponsor which is registered with the Department.

(20) “Provisional Registration” means the 1-year initial provisional approval of newly registered programs that meet the required standards for program registration, after which program approval may be made permanent, continued as provisional, or rescinded following a review by the Department, as provided for in the criteria described in subsection 6A-23.003(6), F.A.C.

(21) “Quality Assurance Assessment” means a comprehensive review conducted by the Department regarding all aspects of an apprenticeship program’s performance. The review will also determine whether the Department is receiving notification of all new registrations, cancellations, and completions as required.

(22) “Registration Agency” means a recognized State Apprenticeship Agency that has responsibility for registering apprenticeship programs and apprentices; providing technical assistance; and conducting reviews for compliance and quality assurance assessments for federal purposes.

(23) “Registration of an Apprenticeship Agreement” means the acceptance and recording of an agreement by the Department as evidence of the participation of the apprentice in a particular registered apprenticeship program.

(24) “Registration of an Apprenticeship Program” means the acceptance and recording of a program by the Department as meeting the basic standards and requirements for approval of a program for federal purposes. Approval is evidenced by a Certificate of Registration.

(25) “Related Technical Instruction” means an organized and systematic form of instruction designed to provide the apprentice with knowledge of the theoretical and technical subjects related to the apprentice’s occupation. Such instruction may be given in a classroom, through occupational or industrial courses, correspondence courses, electronic media, or other forms of self-study approved by the Department.

(26) “Sponsor” means any committee, group of employers, employer, group of employees, educational institution, local workforce board, community or faith-based organization, association, or any combination thereof operating an apprenticeship program and in whose name the program is registered or approved.

(27) “Standards of Apprenticeship” means the minimum requirements established for each apprenticeable occupation under which an apprenticeship program is administered.

(28) “State Apprenticeship Advisory Council” means an entity established to assist the Department and provide advice and guidance on the operation of the state’s apprenticeship system.

(29) “State Apprenticeship Agency” means an agency of a state government that has responsibility and accountability for apprenticeship within the state to register and oversee apprenticeship programs and agreements for federal purposes.

(30) “Technical Assistance” means guidance provided by the Department staff in the development, revision, amendment, or processing of a potential or current program sponsor’s Standards of Apprenticeship, Apprenticeship Agreements, or advice or consultation with a program sponsor to further comply with state and federal apprenticeship laws or guidance from the Department on how to remedy nonconformity.

(31) “Transfer” means a shift of apprenticeship registration from one program to another or from one employer within a program to another employer within the same program where there is an agreement between the apprentice and the affected apprenticeship committees or program sponsors.

(32) “Work Processes” means an outline of journeyworker supervised work experience and OJT with the allocation of approximate hours to be spent in each activity.

History

• Rulemaking Authority 446.032(1), 446.041(13), 1001.01(1), (2)(n) FS. Law Implemented 446.021 FS. History–New 6-9-81, Formerly 38C-16.02, Amended 5-29-90, Formerly 38C-16.002, Amended 9-4-97, Formerly 38H-16.002, Amended 3-29-11, 6-25-19, 2-20-24, 12-24-24.

Fla. Admin. Code R. 6A-23.003 Eligibility and Procedure for Apprenticeship Program Registration

(1) Eligibility for registration of an apprenticeship program for Federal purposes with the Florida Department of Education is conditioned upon a program’s conformity with the provisions of Chapter 446, F.S., and Chapter 6A-23, F.A.C.

(2) Prior to registration of a program by the Department, program sponsors or employers must demonstrate reasonable assurance of employment opportunities for training purposes necessary for completion of the apprenticeship program by individual apprentices.

(3) Apprentices must be individually registered under a registered program. The program sponsor or employer must, within forty-five (45) calendar days of selection or hire, file documentation of the Apprenticeship Agreement with the Department’s Apprenticeship Training Representative for approval. The apprenticeship start date shall be the date OJT or related technical instruction begins, whichever comes first, in the apprenticeable occupation for which the apprentice is being trained. Nothing herein shall invalidate or cause to invalidate any provision in a collective bargaining agreement between employers and employees.

(4) The program sponsor must notify the Department within forty-five (45) calendar days of persons who have successfully completed apprenticeship programs, transfers, cancellations of apprenticeship agreements, and a statement of the reasons by the program sponsor.

(5) Upon approval by the Department, apprenticeship programs shall be accorded registration for federal purposes.

(6) Applications for new programs that the Department determines meet the required standards for program registration shall be given provisional approval for a period of one (1) year. The Department must review all new programs for conformity with the requirements of this rule at the end of the first year of registration. At that time:

(a) A program that conforms with the requirements of this rule –

1. May be made permanent; or

2. May continue to be provisionally approved through the first full training cycle.

(b) A program not in operation or not conforming to the regulations during the provisional approval period must request cancellation or be recommended for deregistration procedures.

(7) Any recommended modification(s) or change(s) to registered standards shall be submitted to the Department through the Apprenticeship Training Representative. In addition:

(a) The Department must make a determination as to whether to approve such submissions within ninety (90) calendar days from date of receipt;

(b) If approved, the modification(s) or change(s) will be recorded and acknowledged within ninety (90) calendar days of approval as an amendment to the program; and

(c) If not approved, the sponsor must be notified of the disapproval and the reasons therefore and provide technical assistance.

(8) Under a program proposed for registration by an employer or employers’ association, where the standards, collective bargaining agreement, or other instrument, provide for participation by a union in any manner in the operation of the substantive matters of the apprenticeship program, and such participation is exercised, written acknowledgement of union agreement or “no objection” to the registration is required. Where no such participation is evidenced and practiced, the employer or employers’ association shall simultaneously furnish to the union which is the collective bargaining agent of the employees to be trained, a copy of its application for registration and of the apprenticeship program. The Department must provide for receipt of union comments in writing on official letterhead, if any, within forty-five (45) days before final action on the application for registration or approval.

(9) Where the employees to be trained have no collective bargaining agent, an apprenticeship program may be proposed for registration by a committee, group of employers, employer, educational institution, local workforce board, community or faith-based organization, association, or any combination thereof.

(10) An apprenticeship program may register one or more occupations simultaneously or individually with the provision that the program sponsor shall, within one (1) year of registration, be actively training apprentices on the job in each occupation for which registration is granted.

(11) Each occupation for which a program sponsor holds registration shall be subject to cancellation or deregistration proceedings if no active training of apprentices has occurred within one (1) year.

(12) Standards registered pursuant to all requirements of Title 29 C.F.R., Part 29, by any federally recognized state apprenticeship agency or council or by the Office of Apprenticeship of the U.S. Department of Labor shall be afforded approval reciprocity by the Florida Department of Education based on the following:

(a) National Program sponsors requesting and seeking reciprocal approval must register with the Department and meet the wage and hour provisions and numeric ratio of apprentices to journeyworkers as found in Rule 6A-23.004, F.A.C.

(b) National Guideline sponsors must register with the Department and meet all the requirements set forth in Chapter 446, F.S., and Chapter 6A-23, F.A.C.

History

• Rulemaking Authority 446.032(1), 446.041(13), 1001.02(1), (2)(n) FS. Law Implemented 446.032, 446.041, 446.051, 446.052, 446.071, 446.075, 446.092 FS. History–New 6-9-81, Formerly 38C-16.03, Amended 5-29-90, Formerly 38C-16.003, Formerly 38H-16.003, Amended 3-29-11, 6-25-19, 12-24-24.

Fla. Admin. Code R. 6A-23.004 Standards of Apprenticeship

An apprenticeship program, to be eligible for approval and registration by the Department, must conform to the following Standards of Apprenticeship:

(1) The program must have an organized, written plan of program standards embodying the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation, and subscribed to by a sponsor who has agreed to carry out the apprentice training program.

(2) The program standards must contain provisions that address:

(a) The employment and training of the apprentice in an apprenticeable occupation.

(b) The term of apprenticeship for an individual apprentice which may be measured through the completion of either the time-based approach; the competency-based approach; or the hybrid approach.

1. The time-based approach measures skill acquisition through the apprentice’s completion of at least 2,000 hours of on-the-job training (exclusive of time spent at related technical instruction) as described in an outline within the approved Standards of Apprenticeship.

2. The competency-based approach measures the apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job training component (exclusive of time) and complete a related technical instruction component (exclusive of time spent on the job) as outlined within the approved Standards of Apprenticeship. The outline must contain and describe all the competencies and identify a means of testing and evaluation for such competencies.

3. The hybrid approach measures the individual apprentice’s skill acquisition through a combination of a range of specified number of hours (time-based approach) of on-the-job training and the successful demonstration of competency (competency based approach) as described in an outline within the approved Standards of Apprenticeship.

4. Program standards that utilize the competency-based or hybrid approach for progression through an apprenticeship and that choose to issue interim credentials must clearly identify the interim credentials, demonstrate how the credentials link to the components of the apprenticeable occupation, and establish the process for assessing an individual apprentice’s demonstration of competency associated with the particular interim credential. Further, interim credentials must only be issued by the program sponsor or employer for recognized components of an apprenticeable occupation, thereby linking interim credentials specifically to the knowledge, skills, and abilities associated with those components of the apprenticeable occupation.

5. The determination of the approach for the program standards is made by the program sponsor, subject to approval by the Department.

(c) An outline of the on-the-job training in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate time to be spent in each major process.

(d) Provision for organized related technical instruction for the apprenticeable occupation. A minimum of 144 hours for each year of apprenticeship is recommended. This instruction in technical subjects may be accomplished through media such as classroom, occupational or industry courses, electronic media, or other instruction approved by the Department.

(e) Wage Provisions –

1. A progressively increasing schedule of wage rates is to be paid to the apprentice, consistent with the skill acquired, which shall be expressed in percentages of the established journeyworker hourly or annual rate. The rates represent the minimum for each incremental period of apprenticeship. The established journeyworker rate among all participating employers in the same apprenticeable occupation shall be stated in dollars and cents.

2. The entry apprentice wage rate shall be no less than thirty-five (35) percent of the established journeyworker rate. However, in no event shall the apprentice wage rate be less than the minimum wage prescribed by the Fair Labor Standards Act, collective bargaining agreements, or by Florida Statutes, whichever is higher.

3. No apprentice shall receive a wage less than the percentage for the incremental period in which the apprentice is serving.

4. The established journeyworker wage rate shall be reviewed annually and amended when determined by program sponsor or as per the collective bargaining agreement.

5. The minimum apprentice wage rate paid during the last incremental period of apprenticeship shall be not less than 75 percent of the established journeyworker wage rate.

6. This subsection governing apprentice wages shall not be interpreted or construed in a manner that would cause a conflict with applicable federal law or regulations.

(f) Periodic review and evaluation of the apprentice’s progress in job performance and related technical instruction, and the maintenance of progress records.

(g) A numeric ratio of apprentices to journeyworkers consistent with proper supervision, training, safety, and continuity of employment and provisions in collective bargaining agreements, except where such ratios are expressly prohibited by the collective bargaining agreements. It shall be the responsibility of the apprenticeship committee or sponsor to ensure that the allowable ratio of apprentices to journeyworkers is consistently maintained by each participating employer on the job site as follows:

1. For construction occupations, a maximum of one (1) apprentice to not less than one (1) journeyworker must be adhered to.

2. For non-construction occupations, a ratio of one (1) apprentice to one (1) journeyworker must be adhered to, unless a variance is requested by the sponsor and approved by the Department. Requests must demonstrate that the sponsor can maintain the safety of apprentices and journeyworkers under the expanded ratio.

(h) A probationary period reasonable in relation to the full apprenticeship term, with full credit for such period toward completion of apprenticeship, which cannot exceed twenty-five (25) percent of the length of the program, or one (1) year, whichever is shorter.

(i) Safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related technical instruction.

(j) The minimum qualifications required by a sponsor for persons entering an apprenticeship program, with an eligible starting age not less than sixteen (16) years.

(k) The placement of an apprentice under an apprenticeship agreement. The agreement shall directly, or by reference, incorporate the standards of the program as part of the agreement.

(l) The granting of advanced standing or credit for demonstrated competency, acquired experience, training, or skills for all applicants equally, with commensurate wages for any progression step.

(m) The transfer of an apprentice between apprenticeship programs and within an apprenticeship program must be based on agreement between the apprentice and the affected apprenticeship committees or program sponsors and must comply with the following requirements:

1. The transferring apprentice must be provided a transcript of related technical instruction and on-the-job training by the committee or program sponsor;

2. Transfer must be to the same occupation;

3. A new apprenticeship agreement must be executed when the transfer occurs; and,

4. The apprentice must receive full credit from the new participating employer or sponsor for satisfactorily completed time and training earned.

(n) Assurance of qualified training personnel and adequate supervision on the job. Every apprenticeship instructor must:

1. Meet the Department’s requirements for a career-technical instructor per Section 1012.55, F.S., or be a subject matter expert, which is an individual who is recognized within an industry as having expertise in a specific occupation, as demonstrated by being a journeyworker, or by holding the licensure or certification required in the given occupation; and

2. Have training in teaching techniques and adult learning styles, which must occur before or after the apprenticeship instructor has started to provide the related technical instruction.

(o) Recognition of successful completion of apprenticeship evidenced by a certificate issued by the Department.

(p) Identification of the Department as Registration Agency.

(q) Provision for the registration, cancellation, and deregistration of the program and for the prompt submission of any program standard modification or amendment to the Department for approval.

(r) Provision for registration of apprenticeship agreements, modifications, and amendments; notice to the Department of persons who have successfully completed apprenticeship programs; and notice of transfers, cancellations, suspensions of apprenticeship agreements and a statement of the reasons.

(s) Authority for the cancellation of an apprenticeship agreement during the probationary period by either party without stated cause. Cancellation during the probationary period will not have an adverse impact on the sponsor’s completion rate.

(t) Provision for not less than five (5) business days’ notice to an apprentice and the participating employer of any proposed adverse action and cause with stated opportunity for corrective action, unless other acceptable procedures are provided for in the collective bargaining agreement.

(u) Contact information such as name, address, telephone number, and email address of the individual with authority under the program to receive, process and make disposition of complaints.

(v) Recording and maintenance of all records concerning apprenticeship as may be required by state or federal law. Records must be maintained for not less than five (5) years from the date of departure from or completion of the program.

(w) Provision for a participating employer’s agreement: –

1. Each participating employer shall sign a participating employer’s agreement with the program sponsor accepting the funding formula and all other requirements of the program standards, unless otherwise provided for in a collective bargaining agreement; and

2. The program sponsor shall notify the Department of any change in the status of each participating employer within the program. Where the program sponsor uses a participating employers’ agreement, a copy of the agreement and the cancellation thereof, shall be furnished to the Department which will satisfy the requirements of this subsection;

(x) The sponsor must outline in the standards of apprenticeship a funding formula for the contribution of each participating employer for the successful operation and sustainability of the program.

(y) All apprenticeship standards must contain articles necessary to comply with Title 29 C.F.R. Part 29, and Title 29 C.F.R. Part 30, Title 29 C.F.R. Parts 29 (effective October 29, 2008) (http://www.flrules.org/Gateway/reference.asp?No=Ref-10514) and 30 (effective December 19, 2016) (http://www.flrules.org/Gateway/reference.asp?No=Ref-10515) are hereby incorporated by reference. A copy of the C.F.R. provisions may be obtained by contacting Apprenticeship Programs, Division of Career and Adult Education, Department of Education, 325 W. Gaines Street, Tallahassee, Florida 32399.

History

• Rulemaking Authority 446.032(1), 446.041(13), 1001.02(1), (2)(n) FS. Law Implemented 446.041, 446.075 FS. History–New 6-9-81, Amended 7-10-83, Formerly 38C-16.04, Amended 5-29-90, Formerly 38C-16.004, 38H-16.004, Amended 3-29-11, 6-25-19, 12-24-24.

Fla. Admin. Code R. 6A-23.0042 Work-Based Learning Standards

(1) Purpose. The purpose of this rule is to provide uniform minimum standards and guidelines for determining student eligibility, obligations of employers, and requirements of institutions that offer work-based learning opportunities.

(2) Definitions. For the purpose of this rule, the following definitions shall apply:

(a) “Educational institution” means a district school board operated school under Section 1003.01, F.S., a charter school operated under Section 1002.33, F.S., a school district operated career center under Section 1001.44, F.S., a school district operated charter technical career center under Section 1002.34, F.S., or a Florida College System Institution under Section 1000.21, F.S.

(b) “Employability skill” means a non-technical, transferable skill or behavior necessary for success in the workforce.

(c) “Employer” means a sole proprietorship or a business or organization that hires at least one individual, pays the individual a salary or wage, and has the power to control the individual’s work duties. For the purpose of this rule, an employer may be a governmental entity or a private, public, or quasi-public legal entity eligible to conduct business in the State of Florida.

(d) “Employer supervisor” means an employee of an employer providing a work-based learning opportunity, who supervises a student or students participating in a work-based learning opportunity.

(e) “Instructor” means the employee of the educational institution who is responsible for administration of the student’s work-based learning opportunity and, if applicable, the student’s training agreement.

(f) “Student” means a person enrolled in an educational institution participating in a work-based learning opportunity.

(g) “Technical skill” means the applied knowledge and abilities capable of performing tasks required of a specific occupation or career field.

(h) “Training Agreement” means the document which establishes the roles, responsibilities, and intended outcomes of a work-based learning opportunity.

(i) “Work-based learning opportunity” shall have the same meaning as defined in Section 446.0915, F.S. Work-based learning opportunities may be on or off campus, paid or unpaid, and credit bearing or non-credit bearing. For the purpose of this rule, an apprenticeship or preapprenticeship, as defined in Rule 6A-23.002, F.A.C., is not a work-based learning opportunity.

(j) “Work-based learning reflection” means a student’s reporting of his or her experience during a work-based learning opportunity.

(3) Student eligibility. In order to participate in a work-based learning opportunity, a student shall:

(a) Execute a training agreement, unless:

1. The student is younger than eighteen (18) years of age, in which case a parent or legal guardian shall execute the training agreement, or

2. A training agreement is not required pursuant to paragraph (6)(a) of this rule.

(b) Complete training on foundational work-based learning concepts, including, but not limited to, work-based learning opportunity rules, procedures, policies, and professionalism expectations.

(4) Educational institution requirements.

(a) The educational institution shall establish policies and procedures related to:

1. In the case of a student younger than eighteen (18) years of age, ensuring that an employer supervisor has not been arrested for and is awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the provisions of Section 435.04(2) and (3), F.S., or similar law of another jurisdiction.

2. In the case of a student younger than eighteen (18) years of age, notifying the student’s parent or legal guardian if there is an injury or illness, or allegation of harassment or discrimination involving the student related to the work-based learning opportunity.

3. Orienting an employer to the rules, policies, procedures, and employer obligations relating to work-based learning opportunities coordinated by the educational institution.

4. Orienting a student to foundational work-based learning concepts, including, but not limited to, work-based learning opportunity rules, procedures, policies, and professionalism expectations.

5. Facilitating the meeting of any student application and interview requirements of an employer.

6. Maintaining and distributing signed training agreements.

7. Providing an evaluation instrument to the employer supervisor to assess a student’s acquisition of the employability and technical skills referenced in the training agreement.

8. Ensuring, prior to a student engaging in a work-based learning opportunity, that the student is covered by the employer’s workers’ compensation insurance coverage or has medical insurance coverage for injury or illness related to the work-based learning opportunity.

(b) Executing a training agreement, unless not required to do so pursuant to paragraph (6)(a) of this rule.

(c) The educational institution shall implement a process by which a student conducts a written work-based learning reflection that addresses topics including, but not necessarily limited to:

1. What the student accomplished during the work-based learning opportunity that is potentially valued by future employers;

2. What the student learned about himself or herself and the industry in which he or she worked;

3. How the student’s future academic and career plans have been affected by their experience; and

4. How the work-based learning opportunity could be improved for future students.

(d) The educational institution shall conduct a work-based learning needs assessment at least every two years in consultation with instructors, students, employer representatives, and other relevant stakeholders. These assessments must identify areas of potential improvement related to the locally offered work-based learning opportunities’ safety, accessibility, student skill development, student social capital development, student career preparation, and the collaborative management of the work-based learning opportunities.

(e) The educational institution shall report data related to a work-based learning opportunity to the Florida Department of Education in accordance with the specifications of the Division of Career and Adult Education.

(5) Employer obligations.

(a) The employer shall execute a training agreement unless not required to do so pursuant to paragraph (6)(a) of this rule.

(b) The employer shall designate an employer supervisor for each student.

(c) The employer shall participate in an orientation required under subparagraph (4)(a)3. of this rule.

(d) The employer supervisor shall ensure that an emergency contact form is on file for each student in a manner that is readily accessible.

(e) The employer supervisor shall ensure that each student is fully trained on, at a minimum, safety rules, regulations, and practices relevant to the job they will be performing and the employer’s procedures for reporting injury, harassment, or discrimination.

(f) The employer supervisor shall complete an evaluation of the student’s performance during the work-based learning opportunity under subparagraph (4)(a)7. of this rule.

(g) If the student is younger than eighteen (18) years of age, in the event of a workplace injury or illness, or allegation of harassment or discrimination, a representative of the employer must contact the student’s parent or legal guardian as soon as possible, and the student’s instructor within twenty-four (24) hours, to report the incident.

(h) To the maximum extent practicable, the employer shall provide the student with opportunities to network and develop relationships with industry and community professionals potentially valuable to the student’s future employment and advancement.

(6) Training agreement.

(a) A training agreement is required when the work-based learning opportunity is multi-day and the employer supervisor is not the instructor. A training agreement is not required when the work-based learning opportunity takes place in a simulated work environment at an educational institution, during off-campus work-based learning entirely overseen by the instructor, or when the work-based learning opportunity takes place during a single-day.

(b) At a minimum, a training agreement must include:

1. The student’s legal name, educational institution, telephone number, and email address;

2. The student’s emergency contact information and, if the student is younger than eighteen (18) years of age, contact information for his or her parent or legal guardian. Contact information must include, at a minimum, the contact’s name, telephone number, email address, and relationship to the student;

3. The instructor’s legal name, telephone number, and e-mail address;

4. The employer’s legal name, address, telephone number, and federal tax identification number;

5. The employer supervisor’s legal name, title, telephone number, and e-mail address;

6. The start and end dates of the work-based learning opportunity;

7. The number of hours to be worked per week by the student and the student’s work schedule, if available;

8. Whether the work-based learning opportunity is paid or unpaid;

9. A description of the work-based learning opportunity, including, but not limited to, the student’s specific job responsibilities;

10. The employability and technical skills to be learned by the student during the work-based learning opportunity;

11. A description of how the student’s performance will be assessed by the employer supervisor and instructor; and

12. The dated signatures (handwritten or electronic) of the employer supervisor; instructor; and student; or, a parent or legal guardian if the student is younger than eighteen (18) years of age.

History

• Rulemaking Authority 1001.02(1), (2)(n), 446.041(13), 446.0915(3) FS. Law Implemented 446.0915 FS. History‒New 5-3-22.

Fla. Admin. Code R. 6A-23.005 Apprenticeship Agreement

The apprenticeship agreement shall contain explicitly or by reference:

(1) Names and signatures of the contracting parties (apprentice and the program sponsor or participating employer), and the signature of a parent or guardian if the apprentice is a minor;

(2) The date of birth and, on a voluntary basis, Social Security number of the apprentice;

(3) Name and address of the program sponsor and Department;

(4) A statement of the occupation for which the apprentice is to be trained, and the beginning date and length of apprenticeship;

(5) A statement setting forth a schedule of the work processes in the occupation or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process and a statement showing:

(a) The number of hours to be spent by the apprentice in work on the job in a time-based program; or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job training component; or the range of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid program; and

(b) The number of hours to be spent in instruction in technical subjects related to the occupation, which is recommended to be not less than 144 hours per year.

(6) Statements providing:

(a) A specific period of probation during which the apprenticeship agreement may be canceled by either party to the agreement upon written notice to the Department, without adverse impact on the sponsor;

(b) That, after the probationary period, the agreement may be canceled for good cause, with due notice to the apprentice and an opportunity for corrective action, and with written notice to the apprentice and Department of the final action taken;

(c) That, after the probationary period, the agreement may be canceled at the request of the apprentice;

(7) A reference incorporating the standards of the apprenticeship program as it exists on the date of the agreement and as it may be amended during the period of the agreement;

(8) A statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated;

(9) A statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training without discrimination because of race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, or disability;

(10) A statement that if an employer is unable to fulfill its obligation under the apprenticeship agreement, the agreement may, with consent of the apprentice and program sponsor or apprenticeship committee, be transferred to another participating employer under a registered program with written notice of the transfer to the Department and with full credit to the apprentice for satisfactory time and training earned;

(11) Contact information such as name, address, telephone number, and email address of the authority designated under the program to receive, process and make disposition of controversies or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the established procedure or collective bargaining provisions;

(12) A request for demographic data, including the apprentice’s race, sex, and ethnicity, and disability status.

History

• Rulemaking Authority 446.032, 446.041(13) FS. Law Implemented 446.032, 446.041, 446.092 FS. History–New 6-9-81, Formerly 38C-16.05, 38C-16.005, 38H-16.005, Amended 3-29-11, 6-25-19.

Fla. Admin. Code R. 6A-23.006 Deregistration of Department Registered Program

Deregistration of an apprenticeship or preapprenticeship program may be effected either upon the voluntary action of the sponsor by a request for cancellation or upon notice by the Department to the sponsor stating cause and instituting formal deregistration proceedings.

(1) Cancellation by request of the sponsor. The Department may cancel the registration of an apprenticeship or preapprenticeship program by a written acknowledgement of a request. Failure to respond to written notices concerning program inactivity will be construed as voluntary cancellation by the sponsor. The Department’s acknowledgement of cancellation must state the following:

(a) The registration is canceled at the sponsor’s request and giving the effective date of such cancellation; and,

(b) That, within fifteen (15) days of the effective date of the acknowledgement, the sponsor must notify all registered apprentices or preapprentices of cancellation and the effective date that will automatically deprive the apprentice or preapprentice of his or her individual registration; that the cancellation removes the apprentice from coverage for federal and state purposes; and that all particpants must be referred to the Department for information regarding other registered programs.

(2) Deregistration by the Department.

(a) The Department is authorized to deregister any apprenticeship or preapprenticeship program, occupation or occupational grouping when the program:

1. Is not conducted, operated, or administered in accordance with Chapter 6A-23, F.A.C.

a. This includes but is not limited to failure to provide on-the-job learning; failure to provide related instruction; failure to pay the apprentice a progressively increasing schedule of wages consistent with the skills acquired; or persistent and significant failure to perform successfully.

b. Persistent and significant failure to perform successfully occurs when a program sponsor consistently fails to register at least one apprentice or preapprentice or shows no indication of improvement in the areas identified by the Department during review of the program as requiring corrective action.

2. Fails to train for twelve (12) consecutive months; or

3. Fails to report apprentice or preapprentice actions.

(b) The Department must notify the apprenticeship or preapprenticeship program sponsor in writing to initiate deregistration of a program for cause.

(c) The notice shall be sent by registered or certified mail, return receipt requested, shall state the deficiency(ies) and remedy(ies) required and shall state that the program will be deregistered for cause unless corrective action is taken within thirty (30) calendar days of receipt.

(d) Upon request by the sponsor in order to complete corrective action, the 30-day term may be extended for another thirty (30) days. During the period for corrective action, the sponsor may request assistance from the Department to correct the deficiency.

(e) If the required action is not taken within the allotted time, the Department shall send a notice to the sponsor by registered or certified mail, return receipt requested, stating the following:

1. This notice is sent pursuant to this subsection;

2. The sponsor was advised of certain deficiencies (enumerating them and the remedial measures requested, with the dates of such occasions and letters), and has failed or refused to effect correction;

3. Based upon the stated deficiency(ies) and failure to remedy, a determination has been made that there is cause to deregister the program, and the program will be deregistered unless within twenty-one (21) days of the receipt of this notice, the Department receives a request from the sponsor for an administrative hearing in accordance with the provisions of Chapter 120, Florida Statutes;

4. If a hearing is not requested by the sponsor, the Department will deregister the program.

(f) The Department shall notify the Administrator of the U.S. Office of Apprenticeship of all documents and information relating to the deregistration proceedings for apprenticeship programs.

(g) Every order of deregistration must contain a provision that the sponsor must, within fifteen (15) days of the effective date of the deregistration order, notify all registered apprentices of the deregistration and the effective date thereof that will automatically deprive the apprentice or preapprentice of individual registration; that the deregistration removes the apprentice from coverage for federal and state purposes; and that all participants must be referred to the Department for information regarding other registered apprenticeship programs.

History

• Rulemaking Authority 446.032, 446.041(13) FS. Law Implemented 446.032, 446.041, 446.051, 446.075 FS. History–New 6-9-81, Formerly 38C-16.06, 38C-16.006, 38H-16.006, Amended 3-29-11, 6-25-19, 6-17-26.

Fla. Admin. Code R. 6A-23.007 Hearings

History

• Rulemaking Authority 446.032 FS. Law Implemented 446.041(2), 446.071, 446.081(3) FS. History–New 6-9-81, Formerly 38C-16.07, 38C-16.007, 38H-16.007, Repealed 3-29-11.

Fla. Admin. Code R. 6A-23.008 Complaints

(1) This section is not applicable to any complaint concerning discrimination or other equal employment opportunity matters; all such complaints must be submitted, processed, and resolved in accordance with provisions of Title 29 C.F.R. Part 30 as incorporated in Rule 6A-23.004, F.A.C., or provisions of the State Plan for Equal Employment Opportunity in Registered Apprenticeship Training which is hereby incorporated by reference (effective July 2025) (http://www.flrules.org/Gateway/reference.asp?No=Ref-18098). A copy of the C.F.R. and the State Plan may be obtained by contacting Apprenticeship Programs, Division of Career and Adult Education, Department of Education, 325 W. Gaines Street, Tallahassee, Florida 32399.

(2) Except for matters described in subsection (1) of this rule, any apprentice, preapprentice, or other affected person aggrieved by the alleged failure of any registered program to meet the standards established by the Department shall notify the program sponsor within thirty (30) calendar days of the alleged failure. The notification must be in writing and signed by the complainant, or parent or guardian if a minor.

(3) The complaint must be in writing and signed by the complainant, or authorized representative, and must be submitted within sixty (60) days of the final decision of the program sponsor or committee. It must set forth the specific matter(s) complained of, together with relevant facts and circumstances. Copies of pertinent documents and correspondence must accompany the complaint when submitted to the Department.

(4) The Department will render an opinion within ninety (90) days after receipt of the complaint, based upon such investigation of the matters submitted, as may be found necessary, and the record before it. During the ninety-day (90) period, the Department will make efforts to effect a satisfactory resolution between the parties involved. If so resolved, the parties will be notified that the case is closed. Where an opinion is rendered, copies will be sent to all parties. If requested, the sponsor may seek an administrative hearing in accordance with the provisions of Chapter 120, F.S.

(5) Nothing herein shall operate to invalidate any provision in a collective bargaining agreement between employers and employees. Any dispute covered by a collective bargaining agreement shall be resolved in accordance with the procedures and terms provided therein.

History

• Rulemaking Authority 446.032, 446.041 FS. Law Implemented 446.041(2), (4) FS. History–New 6-9-81, Formerly 38C-16.08, 38C-16.008, 38H-16.008, Amended 3-29-11, 6-25-19, 7-8-25.

Fla. Admin. Code R. 6A-23.009 Reinstatement of Program Registration

Any apprenticeship program deregistered pursuant to Chapter 6A-23, F.A.C., may be reinstated upon presentation of evidence that the apprenticeship program will operate in accordance with Chapter 6A-23, F.A.C. Such evidence shall be presented to the Department through the Director of Apprenticeship at: Apprenticeship Programs, Division of Career and Adult Education, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

History

• Rulemaking Authority 446.032(1), 446.041(13), 1001.02(1), (2)(n) FS. Law Implemented 446.041(2), (3) FS. History–New 6-9-81, Formerly 38C-16.09, 38C-16.009, 38H-16.009, Amended 3-29-11, 6-25-19, 12-24-24.

Fla. Admin. Code R. 6A-23.010 Preapprenticeship Programs

(1) Purpose and Scope. The primary objective of the preapprenticeship program is to provide Florida residents with educational and training opportunities to enable them, upon completion of preapprenticeship training, to obtain entrance into a registered apprenticeship program, based upon the selection criteria established by a Registered Apprenticeship Program Sponsor. Pursuant to Sections 446.011 and 446.052, F.S., this rule sets forth the uniform minimum standards for preapprenticeship programs in apprenticeable occupations, including requirements for program registration, operation, deregistration, and reinstatement.

(2) Definitions. In addition to the definitions provided in Rule 6A-23.002, F.A.C., the following definitions are specific to preapprenticeship:

(a) “Certificate of Completion” means the official document issued by the Department to an individual who has successfully completed preapprenticeship training as verified by the Program Sponsor.

(b) “Foundational skills” means basic skills related to an apprenticeable occupation or occupational grouping. Training on foundational skills prepares individuals for the entry into a Registered Apprenticeship Program.

(c) “Occupation” means an apprenticeable occupation approved by the U.S. Department of Labor or the Florida Department of Education (Department) for registered apprenticeship.

(d) “Occupational Grouping” means two or more occupations requiring common foundational skills within the same industry, such as construction, health care, manufacturing, information technology, or automotive.

(e) “Partnering Registered Apprenticeship Program Sponsor” (Partnering RAPS) means a Florida Registered Apprenticeship Program (RAP) that is actively training apprentices in the same occupation or occupational grouping and that agrees to support the registered preapprenticeship program to create career pathways into registered apprenticeship.

(f) “Preapprentice” means any person sixteen (16) years of age or over engaged in any course of instruction in the public school system or elsewhere, which coursework is registered as a preapprenticeship program with the Department and who has signed a Preapprenticeship Agreement.

(g) “Preapprenticeship Agreement” means a written agreement between the preapprentice and the Preapprenticeship Program Sponsor, containing the terms and conditions of training and incorporating the registered program standards as part of the agreement.

(h) “Preapprenticeship Committee” (Committee) means those persons designated by the preapprenticeship sponsor to administer the program which must include at least one representative of each Partnering RAPS. A committee may be either joint or non-joint, as defined in Rule 6A-23.002, F.A.C.

(i) “Preapprenticeship Program” means an organized course of instruction in an apprenticeable occupation or occupational grouping, in the public school system or elsewhere, which is designed to prepare a person sixteen (16) years of age or older to enter a registered apprenticeship program, and which is approved and registered with the Department and sponsored by a Partnering RAPS. Preapprenticeship programs include Related Technical Instruction (RTI) and may include On-the-Job Training (OJT). Preapprenticeship programs fall into one of the following categories:

1. “High school preapprenticeship program” is one occurring in a public high school and includes secondary Career and Technical Education program coursework. Preapprenticeship programs do not qualify for dual enrollment under s. 1007.271, F.S; and

2. “Adult preapprenticeship program” is one designed to serve individuals outside of high school. The program operates outside of the PK-12 school system.

(j) “Preapprenticeship Sponsor” means any committee, a group of employers, an employer, a group of employees, an educational institution, a local workforce board, a community or faith-based organization, an association, or any combination thereof, in whose name the preapprenticeship program is registered or approved and is responsible for the administration and operation of the program to offer preapprenticeship training as approved in the Preapprenticeship Standards.

(k) “Registered Preapprenticeship Standards” means the minimum requirements established for each occupation or occupational grouping under which a preapprenticeship program is administered and includes standards of admission, training goals, training objectives, curriculum outlines, and objective standards to measure successful completion of the preapprenticeship program.

(l) “Participating Employer” means a business entity which:

1. Is actively engaged by and through its own employees in the actual work of the occupation being trained;

2. Employs, hires, and pays the wages of the preapprentice and the journeyworker training the preapprentice;

3. Evaluates the preapprentice; and

4. Is signatory to a Participating Employer Agreement with the Preapprenticeship Program Sponsor registered with the Department;

(m) “Preapprenticeship Participating Employer Agreement” is an agreement between the participating employer and the Preapprenticeship Program Sponsor where both parties agree to follow the Standards of Preapprenticeship that are approved by the Department for the program; and

(n) “Partnering Sponsorship Memorandum of Understanding (MOU)” is an agreement between a Preapprenticeship Program Sponsor and each Partnering RAPS which states each party’s responsibilities related to preapprenticeship, including provision of training and related services, and outlines the granting of credit for RTI and OJT, if applicable, for students continuing into a registered apprenticeship program with the Partnering RAPS.

(3) Eligibility and Procedure for Program Registration.

(a) The following requirements must be met for a preapprenticeship program to receive initial and continued approval as a registered preapprenticeship program:

1. The preapprenticeship program must conform to the Standards of Preapprenticeship, set forth in subsection (4);

2. The preapprenticeship program must be established in an apprenticeable occupation or occupational grouping, and be designed to prepare individuals for entry into registered apprenticeship programs;

3. The preapprenticeship program must identify as either a high school or adult preapprenticeship program;

4. The preapprenticeship program must ensure that preapprentices are at least sixteen (16) years old by the time of signing the Preapprenticeship Agreement, and must require signature by a parent or guardian for preapprentices under age eighteen (18);

5. The preapprenticeship program must not award credit for prior learning or work experience;

6. The preapprenticeship program must include one or more apprenticeable occupations or occupational groupings that articulate into registered apprenticeship; and

7. Each preapprenticeship program occupation or occupational grouping must be directly sponsored by one (1) or more Partnering RAPS, as evidenced by a partnering sponsorship MOU. A representative from the Partnering RAPS must serve on the preapprenticeship committee.

(b) Procedure for New Preapprenticeship Program Registration.

1. To apply for program registration, prospective Preapprenticeship Program Sponsors must submit completed Standards of Preapprenticeship, a partnering sponsorship MOU for each Partnering RAPS that will be sponsoring the preapprenticeship program, and if applicable, any Participating Employer Agreements to the Department through the Apprenticeship Training Representative (ATR) for the county in which the program will be located. A list of ATRs can be found at: https://www.fldoe.org/academics/career-adult-edu/apprenticeship-programs/.

2. The Department will conduct a review of the documents submitted and will notify the sponsor, through the ATR, within ninety (90) calendar days from the date of receipt whether the application is approved or denied.

3. Preapprenticeship programs that are approved will receive a Certificate of Registration that is valid for five (5) years.

4. If an application has missing or deficient elements, the sponsor will be notified of the deficiency and given ten (10) calendar days to submit supplemental information or documentation to address the deficit(s).

5. A denial notice must identify the reason(s) for the denial and any deficiencies in the application. A program that receives a denial may reapply for registration in accordance with this subsection.

(c) Procedure for Existing Registered Preapprenticeship Programs. Preapprenticeship programs registered with the Department prior to the effective date of this rule will be notified of the date by which the program must demonstrate compliance with the requirements in this rule. Program Sponsors will be provided at least ninety (90) calendar days notice prior to their submission deadline. On or before the due date, registered programs must submit updated Standards of Preapprenticeship, a partnering sponsorship MOU for each Partnering RAPS that is sponsoring the preapprenticeship program, and if applicable, any Participating Employer Agreements. These submissions will be reviewed in accordance with paragraph (3)(b).

(d) Renewal of Registered Preapprenticeship Programs. Program registrations must be renewed at least every five (5) years. Program Sponsors must apply for renewal to the Department by submitting updated Standards of Preapprenticeship, partnering sponsorship MOUs for each Partnering RAPS, and if applicable, any Participating Employer Agreements to the appropriate ATR at least ninety (90) calendar days prior to the end of the current term of program registration. Applications for renewal will be reviewed in accordance with paragraph (3)(b). If approved, the Department will issue a new certificate of registration for the next five (5) years.

(4) Standards of Preapprenticeship. To be eligible for approval and registration by the Department, all preapprenticeship programs standards must include the following:

(a) The program must have an organized, written plan embodying the terms and conditions of training, including employment and supervision when on-the-job training is incorporated;

(b) Each registered preapprentice, and the parent or guardian in the case of a minor, must have the right to obtain and review a copy of the registered program standards at any time, including during signing of the Preapprenticeship Agreement;

(c) Instruction for the preapprentice in safety and health related work practices, including an assurance that the preapprentice will be trained in facilities and other environments which comply with the Occupational Safety and Health Act;

(d) Assurances of compliance with 29 C.F.R. Part 570, Subpart C, and Rules 61L-2.003, F.A.C., 61L-2.004, F.A.C., and 61L-2.005, F.A.C.

(e) The composition and duties of the preapprenticeship committee and frequency of meetings. The committee must include at least one representative of each Partnering RAPS;

(f) A term of preapprenticeship established by the committee and designed to prepare the preapprentice for entry or transition into a registered apprenticeship training program. A minimum of 144 hours of related technical instruction is required, plus any OJT hours, if applicable. The term of preapprenticeship shall be presented in hours of related technical instruction, plus OJT hours, if applicable;

(g) Organized RTI in technical subjects related to the occupation or occupational grouping. The standards must include the name and address of school or location where the training will occur;

(h) The location of program records if records are not maintained on the respective school campus and a statement that records related to OJT and RTI are available for review by the Department upon request;

(i) Maintenance of preapprenticeship records in accordance with subsection (9) of this rule;

(j) The required minimum qualifications for individuals entering into the preapprenticeship program;

(k) A plan for resolving differences between the preapprentice and Program Sponsor;

(l) Reasons why a Preapprenticeship Agreement may be terminated, including for cause;

(m) At least five (5) business days notice to the preapprentice of any adverse action and cause therefore, with stated opportunity to the preapprentice for corrective action during such period;

(n) Responsibility to engage in Equal Employment Opportunity to include:

1. Procedures for dissemination of program openings and opportunities; and,

2. A selection process that does not discriminate against any individual on the grounds of race, color, religion, sex, national origin, or age;

(o) The placement of a preapprentice under a Preapprenticeship Agreement with the Sponsor;

(p) Provision for registration, cancellation and deregistration of the program; and the requirement of submission of any amendment or modification of program standards to the Department through the appropriate ATR;

(q) Provision for notifying the Department of all actions (registrations, cancellations and completions) regarding registered preapprentices within forty-five (45) days;

(r) Provision for requesting issuance of a preapprenticeship completion certificate from the Department;

(s) Assurance that a certificate of completion will only be issued to preapprentices that complete all components outlined in the Standards of Preapprenticeship; and

(t) If OJT is incorporated into a preapprenticeship program, the standards must include:

1. An outline of work processes in which the preapprentice will receive supervised work experience and on-the-job training and allocation of the approximate time to be spent in each process. OJT for preapprenticeship must be time based.

2. A wage rate must be included that is not less than the minimum wage prescribed for in the Fair Labor Standards Act or by s. 448.110, F.S., whichever is greater.

3. Preapprentice to journeyworker ratios for preapprenticeship programs must be outlined and conform with the ratios outlined in the Partnering RAPS standards. Assurance of qualified journeyworkers and personnel to train the preapprentices. Apprentices cannot serve as journeyworkers to preapprentices. The combination of apprentices and preapprentices trained by journeyworkers must not exceed the ratio of supervision apprentice(s) to journeyworker(s) as approved on the Standards of Apprenticeship for the Partnering RAPS.

4. List of participating employers. If the program has multiple employers, a preapprenticeship participating employer’s agreement form must be provided for each employer.

(5) Amendments to the Standards of Preapprenticeship. The Standards of Preapprenticeship may be amended or modified by the Preapprenticeship Committee or Sponsor, with the approval of the Department. Any such amendments must be submitted to the Department for approval through the appropriate ATR.

(a) The Department will notify the sponsor, through the ATR, within ninety (90) calendar days from the date of receipt whether the amended standards are approved.

(b) If the amended standards are not approved, the denial notice must identify the reason(s) for the denial and any deficiencies. The Sponsor or Committee may resubmit its proposed amended standards to the Department in accordance with this subsection.

(c) Upon approval, all preapprentices must be provided a copy of the amended Standards of Preapprenticeship.

(6) Preapprenticeship Agreement. Preapprentices will be individually registered in one (1) occupation or occupational grouping with an agreement which shall be registered with the Department. Each preapprentice must sign a Preapprenticeship Agreement between the preapprentice and the Program Sponsor. A parent or guardian must also sign the agreement if the preapprentice is a minor. The Standards of Preapprenticeship are incorporated into the Preapprenticeship Agreement and must be provided to the preapprentice prior to signing the agreement.

(7) Deregistration of Registered Preapprenticeship Programs. Deregistration of a program may occur upon the request of the sponsor or upon notice by the Department to the sponsor stating cause:

(a) Cancellation by request of the sponsor. The sponsor must request cancellation of its registered program in writing by submitting such request to the Department through the appropriate ATR. Upon receipt, the Department will cancel the registration of a preapprenticeship program by a written acknowledgement to the sponsor stating that:

1. The registration is cancelled at sponsor’s request and giving the effective date of such cancellation; and,

2. That, within fifteen (15) days of the date of the acknowledgment, the sponsor must notify all preapprentices of such cancellation and the effective date; that such cancellation automatically deprives the preapprentice of his or her individual registration.

(b) Deregistration by the Department. The Department will initiate deregistration proceedings in accordance with Rule 6A-23.006, F.A.C., for a preapprenticeship program, occupation or occupational grouping when the preapprenticeship program:

1. Is not conducted, operated, or administered in accordance with the registered standards or the requirements of Chapter 6A-23, F.A.C.;

2. Fails to begin actively training preapprentices within one (1) year of registration;

3. Is inactive, meaning it failed to train preapprentices for twelve (12) consecutive months;

4. Fails to articulate any preapprentices into a registered apprenticeship program within one (1) year of completion;

5. Fails to secure a new Partnering RAPS, and notify the Department of such change, within thirty (30) days of the cancellation of an existing Partnering RAPS; or

6. Fails to report preapprentice actions (registrations, cancellations and completions) to the Department within forty-five (45) days over the program year.

(8) Program Completers.

(a) The Partnering Sponsorship MOU must state that the Partnering RAPS will give primary consideration for admission to completers of the preapprenticeship program.

(b) The preapprenticeship completers who enter a registered apprenticeship program must be exempt from repeating any related course of instruction, and if OJT is included in the preapprenticeship program, credit for OJT hours shall be awarded according to the partnering sponsor MOU.

(c) Preapprentices who are accepted into the Partnering RAPS prior to completing RTI and OJT outlined in the Standards of Preapprenticeship must be reported as completers.

(9) Maintenance of preapprenticeship records. All preapprenticeship program records pertaining to the administration, selection, training, and employment of preapprentices (test scores, attendance records, transcripts, progress evaluations, etc.) are the sole maintenance responsibility of the Preapprenticeship Program Sponsor. Preapprenticeship records must be maintained according to the schedule below and must be made available to the Department upon request.

(a) Preapprentice records must be maintained for at least two (2) years following the preapprentice’s date of departure from or completion of the program. Records that must be maintained include records relating to the administration, selection, training, and employment of preapprentices (test scores, attendance records, transcripts, and progress evaluations), signed Preapprenticeship Agreements, evidence of minimum qualifications met, RTI attendance records and, if applicable, OJT records.

(b) Program records must be maintained for at least two (2) years. Records that must be maintained include Partnering Sponsorship MOUs, Participating Employer Agreements, Committee meeting minutes, and documentation of efforts to connect preapprentices with registered apprenticeship programs.

(c) Maintenance of and access to education records must be in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and its implementing regulations (34 C.F.R. Part 99), and related state privacy laws, including Sections 1002.22, 1002.221, 1002.222, and 1002.225, F.S., and Rule 6A-1.0955, F.A.C.

(10) Required reporting. Preapprenticeship Program Sponsors must report data on preapprentice registration, cancellation, and completion to the Department within forty-five (45) days of such actions occurring, and must report data that is needed for the Department to calculate retention rates, completion rates, and wage progression metrics pursuant to Subsection 6A-23.011(3), F.A.C. The Department will provide reporting instructions at least twice a year. Local education agency (LEA) partners must also report enrollment and completion data to state data reporting systems.

(11) The following documents are hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400, or at the websites listed below.

(a) Partnering Sponsorship Memorandum of Understanding (MOU) (http://flrules.org/Gateway/reference.asp?No=Ref-19107), effective March 2026.

(b) Registered Preapprenticeship Standards Template (http://flrules.org/Gateway/reference.asp?No=Ref-19108), effective March 2026.

(c) Preapprenticeship Agreement Form APPR-401 (http://flrules.org/Gateway/reference.asp?No=Ref-19109), effective March 2026.

(d) Preapprenticeship Participating Employer Agreement Form APPR-303 (http://flrules.org/Gateway/reference.asp?No=Ref-19110), effective March 2026.

(e) 29 C.F.R. Part 570, Subpart C, (http://flrules.org/Gateway/reference.asp?No=Ref-19111), effective July 19, 2010.

(f) Rule 61L-2.003, F.A.C., (http://flrules.org/Gateway/reference.asp?No=Ref-19112), effective June 12, 2016.

(g) Rule 61L-2.004, F.A.C., (http://flrules.org/Gateway/reference.asp?No=Ref-19113), effective October 7, 1993.

(h) Rule 61L-2.005, F.A.C., (http://flrules.org/Gateway/reference.asp?No=Ref-19114), effective February 18, 2025.

History

• Rulemaking Authority 446.032, 446.041(12) FS. Law Implemented 446.052 FS. History–New 6-9-81, Formerly 38C-16.10, Amended 8-18-94, 4-8-96, Formerly 38C-16.010, Amended 1-25-98, 3-15-98, 4-27-98, Formerly 38H-16.010, Amended 3-29-11, 3-26-26.

Fla. Admin. Code R. 6A-23.011 Program Performance Standards

(1) Every registered apprenticeship program must have at least one (1) registered apprentice, except for the following specified periods of time, which may not exceed one (1) year:

(a) Between the date when a program is registered and the date of registration for its first apprentice(s); or

(b) Between the date that a program graduates an apprentice and the date of registration for the next apprentice(s) in the program.

(2) The Department must evaluate performance of registered apprenticeship programs. The tools and factors to be used must include, but are not limited to, the following:

(a) Quality assurance assessments;

(b) Equal Employment Opportunity (EEO) Compliance Reviews;

(c) Retention rates. Completion rates, and Wage progression metrics;

(d) Adherence to the approved program standards; and

(e) Compliance with rules relating to apprenticeship programs established in Chapter 6A-23, F.A.C.

(3) Accountability Reporting for Registered Apprenticeship and Preapprenticeship Programs. The Department shall calculate and publish retention rates, completion rates and wage progression metrics annually for all registered apprenticeship and preapprenticeship programs based upon the registered sponsor, program and occupation.

(a) Retention rate will be calculated as the percentage of apprentices or preapprentices retained or completing a program by the end of fourth quarter after the initial quarter of enrollment in a registerd apprenticeship or preapprentieship program.

(b) Completion rate will be calculated as the percentage of apprentices or preapprentices completing the registered apprenticeship or preapprenticeship program within one (1) year after the expected program length identified in the program standards.

(c) Wage progression of participants will be calculated by registered program sponsor and occupation for the following periods: starting wage as identified in the current program standards, exit wage as identified by the wage scale for the last year in the current program standards, and post-apprenticeship completion wages calculated at one (1) and five (5) years after program exit based upon annual cohorts of program completers who are tracked using administrative records of employment and wages that are available to the Department.

(4) The Department must review a program’s completion rates in comparison to the national average for completion rates. Based on the review, the Department must provide technical assistance to programs with completion rates lower than the national average.

(5) Cancellation of apprenticeship agreements during the probationary period will not have an adverse impact on a sponsor’s completion rate.

History

• Rulemaking Authority 446.032, 446.041(13) FS. Law Implemented 446.052 FS, History–New 3-29-11, Amended 6-25-19, 5-3-22.

Fla. Admin. Code R. 6A-23.012 Local Educational Agency Partnership in Apprenticeship and Preapprenticeship

(1) Purpose. This rule sets forth the requirements for partnership agreements between local educational agencies and registered apprenticeship or preapprenticeship program sponsors and provides a model contract to be used in those partnerships. The model contract defines roles and responsibilities of each entity in accordance with Section 446.032, F.S.

(2) Definitions. Unless otherwise specified below, terms in this rule are defined as in Section 446.021, F.S.

(a) “Apprenticeship training representative” or “ATR” means an individual representative of the Department authorized to act on behalf of the Department in matters concerning registered apprenticeship and preapprenticeship.

(c) “Department” means the Florida Department of Education.

(d) “Local educational agency” or “LEA” means a Florida school district or a Florida College System institution.

(3) Required partnership agreement.

(a) Pursuant to Section 446.032(1)(a)2., F.S., LEAs and apprenticeship or preapprenticeship program sponsors providers that partner to provide apprenticeship or preapprenticeship education and training programs must document the terms of their partnership in an written partnership agreement. The agreement must include, at a minimum:

1. The respective roles of the LEA and apprenticeship or preapprenticeship program provider; and

2. Explanation of how funding will be divided based on the responsibilities the LEA and the apprenticeship or preapprenticeship program provider hold in the partnership agreement, as set forth in Section 446.032(5)(b), F.S.

(b) Responsibilities of the LEA in the partnership.

1. The LEA must ensure that all parties understand the total amount of funding and allocations.

2. The LEA must not impose any additional fees or withhold additional funds beyond the agreed-upon amount in such agreement or contract unless explicitly outlined in the agreement to ensure financial clarity and prevent unexpected costs for apprenticeship and preapprenticeship program sponsors.

(4) Model partnership agreement.

(a) LEAs and apprenticeship or preapprenticeship program providers entering into new partnership agreements must use the Model LEA and Apprenticeship/Preapprenticeship Provider Partnership Agreement, effective December 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18875), pursuant to Section 446.032(5)(a), F.S. The Model Partnership Agreement is hereby incorporated by reference and may be obtained electronically on the Department’s website or from the Office of Apprenticeship, Florida Department of Education, 325 West Gaines Street, Tallahassee, FL, 32399-0400. The Model Partnership Agreement may be modified to add additional terms and conditions that do not conflict with federal or state law.

(b) Partnership agreements, including those that pre-date the effective date of this rule, must be submitted annually to the Department for the upcoming academic year by July 1. Agreements must be submitted via email to the program’s ATR. If the partnership agreement spans multiple years, it does not need to be resubmitted unless there are amendments to the agreement.

(5) Termination of a partnership agreement.

(a) If a partnership agreement is terminated, the program sponsor must notify their ATR via email. The sponsor must also state whether the apprenticeship or preapprenticeship program will continue training apprentices or preapprentices and must explain how requirements previously handled by the LEA will be provided.

(b) If the apprenticeship or preapprenticeship program provider is not going to continue to provide training, the sponsor must follow deregistration procedures set forth in Rule 6A-23.006, F.A.C.

History

• Rulemaking Authority 446.032(1), 446.041(13), 1001.02(1), (2)(n) FS. Law Implemented 446.041, 446.075 FS. History–New 12-21-25.

Chapter 6A-24 STATE APPRENTICESHIP COUNCIL

Fla. Admin. Code R. 6A-24.001 Council and Officer Responsibilities

(1) As used in this rule:

(a) “Chairman” means the Commissioner of Education or the Commissioner’s designee.

(b) “Department” means the Florida Department of Education.

(c) “Registration Officer” means the Designee, properly authorized to act on behalf of the Department in matters of registering program standards, apprenticeship agreements and the general supervision of apprenticeship programs which are registered with the Department.

(2) The Council shall perform the following functions with regard to matters related to apprenticeship, preapprenticeship and on-the-job training programs:

(a) Advise the Department on matters relating to apprenticeship, preapprenticeship and on-the-job training programs.

(b) Establish effective dialog with the apprenticeship community for the betterment of apprenticeship.

(c) The Council shall have those duties and responsibilities as provided in Chapter 446, F.S., delineated herein.

(3) The Chairman shall serve with no vote on Council issues. In the event the Chairman is absent from a Council meeting, the Chairman’s designee will chair the meeting in his or her place. The Chairman shall have the responsibility to:

(a) Convene meetings;

(b) Call special meetings;

(c) Appoint committees and subcommittees;

(d) Receive, select and finalize all agenda items;

(e) Disseminate agendas and minutes of all meetings;

(f) Approve all expenditures made by the Council; and,

(g) Designate the Registration Officer as the Council Executive Secretary.

(4) The Chairman or his or her designee shall contact any member of the Council who is not present at one (1) regular Council meeting to notify the member that he or she may be removed if the member does not attend regularly. When necessary, the Chairman shall provide written notification to the Governor’s Office seeking removal of the member.

(5) The Executive Secretary is not a member of the Council and does not have a vote on Council issues. The Executive Secretary has the responsibility to perform the following tasks:

(a) Maintain the records and minutes of each meeting and make them available to any interested person;

(b) Participate in Council discussions; and

(c) Provide updates on general activities of apprenticeship, preapprenticeship and on-the-job training.

History

• Rulemaking Authority 446.032 FS. Law Implemented 446.045 FS. History–New 5-5-83, Formerly 38C-20.01, Amended 1-9-90, Formerly 38C-20.001, 38H-20.001, Amended 2-1-11.

Fla. Admin. Code R. 6A-24.002 Composition of Membership and Length of Service on the Council

History

• Rulemaking Authority 446.032 FS. Law Implemented 446.045 FS. History–New 5-5-83, Formerly 38C-20.02, Amended 1-9-90, Formerly 38C-20.002, 38H-20.002, Repealed 2-1-11.

Fla. Admin. Code R. 6A-24.003 Officers and Their Functions

History

• Rulemaking Authority 446.032 FS. Law Implemented 446.045 FS. History–New 5-5-83, Formerly 38C-20.03, Amended 1-9-90, Formerly 38C-20.003, 38H-20.003, Repealed 2-1-11.

Fla. Admin. Code R. 6A-24.004 Meetings

History

• Rulemaking Authority 446.032 FS. Law Implemented 446.045 FS. History–New 5-5-83, Formerly 38C-20.04, Amended 1-9-90, Formerly 38C-20.004, 38H-20.004, Repealed 2-1-11.

Fla. Admin. Code R. 6A-24.005 Amendments

History

• Rulemaking Authority 446.032 FS. Law Implemented 446.045 FS. History–New 5-5-83, Formerly 38C-20.05, Amended 1-9-90, Formerly 38C-20.005, 38H-20.005, Repealed 2-1-11.

Chapter 6A-25 Vocational Rehabilitation

Fla. Admin. Code R. 6A-25.001 Incorporation by Reference

(1) The Department adopts and incorporates by reference Title 34, Code of Federal Regulations, Part 361 (http://www.flrules.org/Gateway/reference.asp?No=Ref-10265), effective 2016; Title 34, Code of Federal Regulations, Part 363 (http://www.flrules.org/Gateway/reference.asp?No=Ref-10266), effective 2016; Title 34, Code of Federal Regulations, Part 397 (http://www.flrules.org/Gateway/reference.asp?No=Ref-10267), effective 2016; and Title 45, Code of Federal Regulations, Part 1329 (http://www.flrules.org/Gateway/reference.asp?No=Ref-10268) effective 2016.

History

• Rulemaking Authority 413.22 FS. Law Implemented 413.24 FS. History–New 5-14-12, Amended 2-19-19.

Fla. Admin. Code R. 6A-25.002 Definitions

(1) “Administrative Review” means the informal internal review process to contest a division determination.

(2) “Department” means the Florida Department of Education.

(3) “Division” means the Florida Division of Vocational Rehabilitation.

(4) “Division determination” means any decision that affects the provision of vocational rehabilitation services to applicants or eligible individuals.

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Formerly 38J-1.002.

Fla. Admin. Code R. 6A-25.003 Informed Choice

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.208, 413.24, 413.28, 413.30, 413.731 FS. History–New 5-14-12, Formerly 38J-1.003, Repealed 8-20-17.

Fla. Admin. Code R. 6A-25.004 Referral and Application Process

(1) Representatives, parents, and guardians.

(a) Individuals may select a representative. The individual’s representative shall be included in the vocational rehabilitation process with the consent of the individual or when so ordered by a court of competent jurisdiction. The signature of an authorized representative shall be valid only if the individual or recipient of vocational rehabilitation services expressly designates such representative in the presence of the counselor, and such designation is noted by the counselor in the individual’s records. Documentation shall include a consent to release of information to the representative.

(b) Parents or guardians shall be included in the vocational rehabilitation process only if the individual with a disability is a minor (less than eighteen (18) years old) or pursuant to paragraph (1)(a) of this rule.

(c) Guardians shall be included in the vocational rehabilitation process only if participation is within the scope of the guardianship, or pursuant to paragraph (1)(a) of this rule. The signature of a legal guardian on behalf of an individual or recipient of services from the division shall be invalid unless it is accompanied by one of the following:

1. A court order establishing such guardianship, or

2. A statement by the guardian that the individual or recipient of services is a minor and the guardian is the natural parent and/or legal custodian of the child.

(d) Representatives, parents, or guardians included in the rehabilitation process shall receive written notice of all division determinations that suspend, reduce or terminate services. They shall also be entitled to take part in all meetings between the division and the individual receiving services.

(2) Applications.

(a) Neither a referral nor an application is required for an appointment with a counselor. An application may be completed at time of contact.

(b) All individuals have the right to apply for division services, to have an appointment, and to have a decision made regarding their eligibility for services. The refusal to accept an application or to interview the individual constitutes a “denial of access” to a public program and is a violation of Section 504 of the Rehabilitation Act of 1973, as amended.

(c) A signed and dated application for services, or a signed and dated request for services is required to complete the division application. An applicant must provide his or her signature on the application form if he/she is at least eighteen (18) years of age and legally competent. If the applicant is less than eighteen (18) years of age or is legally incompetent, the applicant’s parent, legal guardian or representative must provide his or her signature, pursuant to paragraphs (1)(a) and (1)(c) of this rule, on the application form in addition to the individual’s signature. Form DVR-003A, State of Florida, Department of Education, Division of Vocational Rehabilitation, Referral/Application for Vocational Rehabilitation Services, (rev. 01/2012) and Form DVR 003B, State of Florida, Department of Education, Division of Vocational Rehabilitation, Referral/Application for Vocational Rehabilitation Services, Spanish, (rev. 01/2012) as incorporated by reference in Rule 6A-25.019, F.A.C.

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12.

Fla. Admin. Code R. 6A-25.005 Assessment for Determining Eligibility

(1) Individuals must have legal status in the United States and be authorized to work. Documents that establish employment eligibility and identity must be consistent with forms required by the United States Citizenship and Immigration Services.

(2) An individual must be physically present in the state to qualify for vocational rehabilitation services if he or she is not a resident of the state.

(3) In the assessment for determining eligibility and vocational rehabilitation needs, the division shall, to the greatest extent possible, use information that is available, sufficient, and appropriate for purposes of determining eligibility. In instances where the division is funding treatment, existing information may be no older than one (1) year.

(4) The division shall prepare a preliminary assessment of each applicant that shall include:

(a) Identification of any barriers to employment for the applicant;

(b) An appraisal of the applicant's abilities, functional limitations, and rehabilitation needs;

(c) An initial appraisal of rehabilitation technology needs to successfully complete an assessment;

(d) A description of the individual’s expectations with respect to assistance from the division;

(e) An appraisal of the individual’s understanding of informed choice regarding the services available from the division;

(f) Voter registration form completed or declined; and,

(g) Initiation of the eligibility assessment.

(5) Diagnoses.

(a) A signed report, electronic or otherwise, from a qualified provider containing a diagnosis of the individual’s disability shall be maintained in the individual’s records.

(b) Diagnoses by professional staff with less than M.D. or doctoral-level degree credentials shall be acceptable if such individuals are employed by licensed/certified facilities with M.D. or doctoral-level degree oversight. Signature of the individual providing oversight is not required.

(6) Mental Health.

(a) The diagnosis of a mental health disorder shall be made by a psychiatrist or a licensed psychologist. A licensed school psychologist may only be used for developmental diagnoses.

(b) Neuropsychological and specific learning disability assessments shall be made by qualified personnel approved to perform such assessments and licensed under appropriate licensure laws.

(c) Diagnosis of mental or emotional disorders shall be consistent with the Diagnostic and Statistical Manual of Mental Disorders (“DSM”) published by American Psychiatric Publishing, 1000 Wilson Boulevard, Suite 1825, Arlington, VA 22209, appi@psych.org.

(7) Chemical Dependency.

(a) Individuals who are actively abusing drugs shall not fall under the category “individual with a disability.” In the context of chemical dependency, an individual is an “individual with a disability” who:

1. Has successfully completed a supervised drug rehabilitation program and is no longer engaging in such use;

2. Participates in a supervised rehabilitation program and is no longer engaging in such use; or

3. Is mistakenly regarded as engaging in such use but is, in fact, not engaging in such use. Alcohol or drug testing may be used to ensure that the individual is no longer engaging in the use of alcohol or illegal drugs.

(b) The eligibility decision by the counselor shall be based upon a current assessment of psychological functioning and a demonstrated desire by the individual to remain substance free and participate with available resources, e.g., Alcoholics Anonymous, Narcotics Anonymous, local community drug and alcohol awareness centers.

(8) Adjustment Disorders.

(a) Adjustment Disorders are acute psychiatric/psychological impairments. An adjustment disorder may be in response to temporary situational conditions that are frequently resolved within a short period of time, but do cause substantial impediments to employment.

(b) Six (6) months after receiving the adjustment disorder diagnosis, the individual must be reevaluated.

(c) If an individual with an adjustment disorder is found ineligible for the services provided by the division, the ineligibility decision shall be based on an assessment of whether the adjustment disorder causes a substantial impediment to employment and whether the individual can benefit from the division’s services in terms of an employment outcome.

(9) Borderline Intellectual Functioning.

(a) Borderline Intellectual Functioning is not an acceptable diagnosis for the purposes of eligibility for the division’s services.

(b) Borderline Intellectual Functioning is interpreted as an Intelligence Quotient (IQ) score of 70-79 plus or minus five (5) points standard deviation in testing. If significant adaptive functioning deficits are indicated for those scoring 70-75, it is appropriate to discuss with the psychologist changing the diagnosis to intellectual disability.

(c) Individuals diagnosed with Borderline Intellectual Functioning with an IQ score of 76-79 without adaptive functioning deficits would not be eligible for the division’s services.

(10) Intellectual Disability.

(a) The diagnosis of an intellectual disability shall be made by a psychiatrist, licensed psychologist, or licensed school psychologist.

(b) The DSM defines the upper range of intellectual disability (also referred to as mental retardation) as an IQ of 70 plus or minus five (5). This means that an individual may be diagnosed as mildly intellectually disabled with an IQ as high as 75 if there are significant adaptive functioning deficits. An individual’s IQ can be as low as 65 and not be coded as intellectually disabled as long as adaptive functioning is adequate. The lower the IQ, the more probable the presence of adaptive functioning deficits.

(c) It is reasonable to use an early IQ test score that is less than 65 and evaluation of current adaptive functioning for documentation of an individual’s disability.

(d) Further assessments may be conducted after eligibility determination to assist with Individualized Plan for Employment (IPE) planning if necessary.

(e) Retesting may be ordered for individuals who have an IQ score of 65 to 75 if the testing was done prior to 9th grade. The individual’s adaptive functioning may have improved and intellectual disability diagnostic criteria would not be met as a result.

(11) Specific Learning Disabilities. A diagnosis of specific learning disability shall be based on testing done in the 9th grade or later using the Wechsler Intelligence Scale for Children (WISC) ages three (3) to sixteen (16) and/or the Wechsler Adult Intelligence Scale (WAIS) ages sixteen (16) and older.

(12) Hearing Impairments.

(a) “Hard of Hearing” means hearing impairment resulting in a functional loss, but not to the extent that the individual must depend primarily upon visual communication. There is usually a thirty (30) decibel (db) loss in the better ear with speech discrimination below fifty (50) percent.

(b) “Deafness” means a hearing impairment of such severity that the individual must depend primarily upon visual communication such as lip-reading, writing, manual communication and gestures. There is usually a 70 decibel (db) loss or greater in both ears and a speech discrimination score of forty (40%) percent or less in the better ear.

(c) A diagnosis of a hearing impairment shall be based upon the results of an auditory evaluation performed by a licensed audiologist.

(d) An ophthalmologic evaluation shall be obtained in all cases of deafness, retinitis pigmentosa, and usher syndrome. Individuals suspected of having ear disease should be evaluated by a physician skilled in diseases of the ear, e.g., an ENT, Otologist, and/or Otolaryngologist.

(13) Speech Impairments. Diagnosis of a speech impairment shall be made by a speech language pathologist.

(14) Vision Impairments. A vision impairment is a condition resulting in the loss of visual acuity and/or limiting an individual’s field of vision. Individuals who meet the definition of “blind” in Section 413.033(1), F.S., shall be referred to the Division of Blind Services, Florida Department of Education.

(15) Before or at the same time an individual is accepted as eligible for the division’s services, the division shall certify that the individual has met the basic eligibility requirements.

(16) Eligibility Determination Extension. Documentation of an agreement between the counselor and individual to extend eligibility determination beyond sixty (60) days after application, including an agreed-upon time frame and stating the specific exceptional and unforeseen circumstances on which the extension is based, shall be contained in the individual's records. If the division is unable to obtain such agreement, a case entry that contains the specific exceptional and unforeseen circumstances, or work trial experiences and revised time frame, shall be placed in the individual’s records.

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12.

Fla. Admin. Code R. 6A-25.006 Ability to Serve All Eligible Individuals and Order of Selection for Services

(1) In order to determine the level of significance of the individual’s disability, the division through a counselor shall identify:

(a) Severe impairments which seriously limit one or more functional capacities;

(b) The vocational rehabilitation services needed to address those impairments; and,

(c) An estimate of the time that services will be provided to reach an employment outcome.

(2) Eligible individuals will be selected by the division to receive vocational rehabilitation services in descending order of the following priority classifications.

(a) Criteria for Most Significant Disability (Category 1). An individual with a disability which:

1. Seriously limits three (3) or more functional capacities in terms of work;

2. Requires three (3) or more primary services;

3. Requires services to be provided over an extended period of time (at least twelve (12) months); and,

4. Is not likely to be corrected through surgical intervention and/or other treatment modes.

(b) Criteria for Significant Disability (Category 2). An individual with a disability which:

1. Seriously limits one (1) or two (2) functional capacities in terms of work;

2. Requires two (2) or more primary services;

3. Requires services to be provided over an extended period of time (at least six (6) months); or

4. The individual is a recipient of Social Security Disability Benefits (SSDI) or Supplemental Security Income (SSI) as a result of disability or blindness.

(c) Criteria for Individual with a Disability (Category 3). An individual with a disability which:

1. Does not seriously limit functional capacity in terms of work; or

2. Requires services that are expected to last less than six (6) months.

(3) Primary services. Primary services are major services that are necessary to prepare the eligible individual for employment. Primary services include counseling and guidance, training, treatment, and job placement, and more particularly, (a) physical restoration; (b) mental restoration; (c) supported employment; (d) extended services for supported employment; (e) employment services; (f) occupational licenses, tools, business equipment, and initial stock and supplies; (g) prosthetics and orthotics; (h) rehabilitation technology; (i) interpreter services; (j) self-employment; and (k) community-based work experiences. Primary services shall not include assessment services cited in the Individualized Plan for Employment (IPE). Each service, if provided alone, could reasonably be expected to directly benefit the individual in terms of an employment outcome.

(4) Functional Capacities. Limitations on the following functional capacities are used to determine the level of significance of disability. These limitations are derived from the individual’s impairments.

(a) Mobility means an individual’s physical access to his or her environment, either through his or her own ability (actions) or with the assistance of others. Mobility also includes transportation to and from a worksite. The functional capacity of mobility is seriously limited when the individual:

1. Due to disability, has no independent mobility and must use a mobility device (wheelchair, walker, scooter) or requires a personal care assistant;

2. Due to physical, cognitive or mental disability, is unable to independently drive, or arrange or use public transportation;

3. Due to disability, has limitation(s) in balance and gross motor coordination;

4. Due to disability, is unable to climb one flight of stairs or walk 100 yards without a pause;

5. Due to disability, is unable to lift, reach, carry, grasp objects, push or pull; or

6. Due to disability, requires rehabilitation engineering for home, vehicle, or work modifications.

(b) Communication means the individual’s ability to express himself or herself through speech and/or the ability to receive and process communication. The functional capacity of communication is seriously limited when the individual:

1. Due to disability, cannot communicate without hearing aids(s) and/or adaptive equipment, interpreter, e-mail, or relay services;

2. Due to disability, cannot speak or spoken language is unintelligible;

3. Due to disability, is unable to control inappropriate communication due to cognitive dysfunction or mental illness (may say bizarre things, hear voices, repeat self incessantly, and/or inappropriate comments); or

4. Due to disability, cannot focus, concentrate, or understand what is being communicated.

(c) Self-Care means the ability to conduct the essential activities of daily living unassisted by another individual. The functional capacity of self-care is seriously limited when the individual:

1. Due to disability, requires personal assistance with dressing, bathing, eating, toileting, grooming, preparing meals, transferring from bed to chair; or

2. Due to disability, requires supervision or personal assistance services with money management (banking, balancing a checkbook, or making change).

(d) Self-Direction means the capacity to organize structure and manage activities required to obtain and maintain employment. The functional capacity of self-direction is seriously limited when the individual:

1. Due to cognitive dysfunction or mental illness, requires ongoing prompts or assistance to understand and remember instructions;

2. Due to cognitive dysfunction or mental illness, requires ongoing prompts or assistance in the area of concentration and persistence to stay on task; or

3. Due to cognitive dysfunction or mental illness, requires customized technology to accommodate the lack of concentration, to remember instructions, or to understand instructions.

(e) Interpersonal Skills means the individual’s ability to interact in a socially acceptable manner at work with coworkers, supervisors, peers and the general public. The functional capacity of interpersonal skills is seriously limited when the individual:

1. Due to disability, does not accept instructions and does not respond appropriately to feedback from supervisors;

2. Due to disability, does not get along with coworkers or peers; or

3. Due to disability, does not maintain socially appropriate behavior at work based upon what would be normally accepted in a work environment.

(f) Work Tolerance means the ability to carry out tasks in an efficient and effective manner over a sustained period of time. The functional capacity of work tolerance is seriously limited when the individual:

1. Due to disability, is unable to carry out work tasks without the intervention of job coaching or natural supports to perform work activities;

2. Due to disability, is unable to sustain mental, cognitive or physical activities in a work environment without the use of individualized accommodation or customized rehabilitation technology; or

3. Due to disability, unable to work around certain substances or certain environments.

(g) Work Skills means the specific job skill required to learn and carry out work functions. The functional capacity of work skills is seriously limited when the individual:

1. Due to disability, is limited or unable to retain new information or new learning without assistance; or

2. Due to disability, can only learn work skills through constant repetition.

(5) Order of Selection. The order of selection permits immediate reclassification into a higher priority category when there is a change resulting in additional functional limitations that require additional primary services and/or length of time.

(6) Job Retention. An eligible individual who requires specific services or equipment to retain existing employment may receive such services or equipment regardless of their placement in one of the priority classifications set forth above.

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Amended 10-18-18.

Fla. Admin. Code R. 6A-25.007 Individualized Plan for Employment

(1) The Individualized Plan for Employment (IPE) must be developed within 90 calendar days of the eligibility determination or activation from the waiting list, whichever is later. Meeting the 90-day timeframe is the mutual responsibility of the division through its counselor and the individual.

(2) If the IPE cannot be developed within 90 days due to exceptional and unforeseen circumstances, the individual, or an authorized representative of the individual, and the division must agree to a specific extension of time.

(3) The IPE or IPE amendment must be approved by a supervisor before being signed by the counselor. No vocational rehabilitation services proposed under an IPE or IPE amendment are effective absent such approval.

(4) The IPE or IPE amendment must describe only those services necessary to assist an individual with a disability in preparing for, securing, retaining, advancing in, or regaining an employment outcome consistent with the strengths, resources, priorities, capabilities, interests, and informed choice of the individual.

History

• Rulemaking Authority 413.22 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Amended 2-19-19.

Fla. Admin. Code R. 6A-25.008 Authorization for Services

(1) The division shall not pay for goods or services unless such goods or services are listed in the Individualized Plan for Employment (IPE) or an amendment thereto, or are part of the assessment for determining eligibility and vocational rehabilitation needs and:

(a) The goods or services were authorized in writing by the division prior to the time they were provided; or

(b) The goods or services were provided under emergency circumstances subsequent to verbal authorization by the division.

(2) Exceptions. The division shall pay an amount based on prevailing market rates for necessary and customary services incidental to surgery, hospitalization or medical diagnosis when such services were not authorized at the time of authorization of a primary service.

(3) The division’s highest allowable fee for health care services is the amount payable for such services in Florida under the Medicare Part B system. In setting its highest allowable fee for all other services, the division shall ensure such fee is not set so low as to deny individuals the right to make informed choices among service providers. The providers of choice shall agree to accept as payment for the service rendered no more than the division’s highest allowable fee. If an individual chooses a service provider that charges in excess of the division’s highest permitted fee, the individual shall be solely responsible to fully pay such excess, and a signed statement to that effect shall be placed in the case record.

(4) Financial Participation.

(a) The division considers the financial resources of individuals to determine the extent of their participation in the costs of vocational rehabilitation services. All vocational rehabilitation services permissible under 29 U.S.C. §723 and 34 C.F.R. §361.48 are subject to the financial participation requirements except for those services specifically exempted by paragraph (b) below.

(b) The following services are exempt from the financial participation requirements of this rule:

1. Assessment for determining eligibility and vocational rehabilitation needs;

2. Vocational rehabilitation counseling and guidance;

3. Referral and other services to assist individuals in securing services from other agencies;

4. Job-related services including job search and placement assistance;

5. Personal assistance services;

6. Any auxiliary aid (e.g., communication boards, speech synthesizers, telephone handset amplifiers, TDDs) or service (e.g., interpreter services for individuals who are deaf or hard-of-hearing, reader services, communication assistance in the individual’s native language);

7. Supported employment services;

8. Trial work services;

9. On-the-job training;

10. Pre-employment transition services; and

11. Vehicle modifications.

(c) The following individuals are exempt from the financial participation requirements of this rule:

1. Individuals who have been determined eligible for Social Security benefits under titles II or XVI of the Social Security Act;

2. Any individual who has available resources, as described in paragraph (d) and (e), less than 285% of the U.S. Federal Poverty Guidelines Used to Determine Financial Eligibility for Certain Federal Programs as set forth in the Financial Participation Assessment Form (Form DOE/DVR VCMT094); or

3. Individuals who were not legally required to file a U.S. tax return in the year prior to application, who are not married, and were not claimed as a dependent on another person’s U.S. tax return.

(d) Each non-exempt individual shall be placed in one of the following categories:

1. Independent (the individual is not married and was not claimed as a dependent on any other person’s U.S. tax return for the prior year or has been granted a “Dependency Override” by a financial aid administrator under 20 U.S.C. §1087vv);

2. Dependent (the individual is not married and was claimed as a dependent on another person’s U.S. tax return for the prior year); or

3. Married (the individual is married).

(e) For each category outlined in paragraph (d) above, the income, as reflected on the prior year’s U.S. tax return, of the following people will be considered as an available resource for the individual, respectively:

1. The income of the individual;

2. The income of the individual and the income of the person(s) who claimed the individual as a dependent; and

3. The income of the individual and their spouse.

(f) Should the individual, their spouse, or any person claiming the individual as a dependent have not filed a U.S. tax return the prior year or should their income have changed since their last tax filing, the division will consider their current income as reflected in employer-generated pay stubs, retirement program documents, or documentation from public or private economic support groups. Should no such documentation be available, the division will use the prior year’s U.S. tax return, if available. This documentation will be used to complete a new Financial Participation Assessment Form (Form DOE/DVR VCMT094) for the individual.

(g) The amount of an individual’s financial participation must be established by the completion of a Financial Participation Assessment Form (Form DOE/DVR VCMT094) as incorporated by reference in Rule 6A-25.019, F.A.C.

1. The division must complete the Financial Participation Assessment Form (Form DOE/DVR VCMT094) for every individual at the creation of, and each amendment to, an IPE.

2. The completed Financial Participation Assessment Form (Form DOE/DVR VCMT094) must be included as an attachment to the individual’s IPE or IPE amendment.

3. The division will use the most recently completed Financial Participation Assessment Form (Form DOE/DVR VCMT094) to determine the financial participation of the individual.

4. If an individual, or their family member, refuses to provide the information necessary to determine their financial participation, or if the individual, or their family member, refuses to accept responsibility for their expected contribution, the division shall not authorize services subject to financial participation.

(h) Computation of an Individual’s Financial Participation

1. The individual’s percentage of participation is established in the Financial Participation Assessment Form (Form DOE/DVR VCMT094).

2. For each non-exempt service provided to the individual, the individual will be required to pay the percentage of the cost of the service based on their percentage of participation. Such payment is to be made directly to the vendor of the service.

3. Over the course of the individual’s case, the maximum the individual can be required to pay in financial participation is the required participation from the Financial Participation Assessment Form (Form DOE/DVR VCMT094).

4. Once the individual has contributed the required participation toward non-exempt services, the individual will not be required to contribute to future non-exempt services.

5. Financial Participation Assessment Form (Form DOE/DVR VCMT094) must still be completed and incorporated in the individual’s IPEs and IPE amendment as a change in circumstances for the individual could increase the amount of required participation.

(i) Exception to Financial Participation.

1. In exceptional cases, circumstances may occur where rigid adherence to the financial participation rule could seriously jeopardize the individual’s opportunity to achieve rehabilitation objectives and an employment outcome. In such cases, the counselor may elect to seek an exception to the financial participation requirements of this rule by submitting a written request to the division and providing the following information:

a. A description of the service for which the exception is sought;

b. The cost of the service for which the exception is sought;

c. A copy of the current Financial Participation Assessment Form (Form DOE/DVR VCMT094); and

d. A copy of any documentation provided by the individual in support of their request for an exception.

2. An exception to these requirements can only be granted based on one or more of the following reasons:

a. substantial change in financial circumstances (based on employer-generated pay stubs, retirement program documents, or documentation from public or private economic support groups);

b. need for immediate medical intervention (based on medical recommendations included in the case file); or

c. the required financial participation, based on the percentage of participation, exceeds the individual’s applicable income as calculated in the Financial Participation Assessment Form (Form DOE/DVR VCMT094).

3. When an exception to the financial participation requirements of this rule is granted by the division, the individual will not be required to provide funds toward the provision of the service for which the exception is granted. This exception does not exempt the individual from the required financial participation for any other service.

History

• Rulemaking Authority 413.22 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Amended 10-18-18, 10-1-19.

Fla. Admin. Code R. 6A-25.009 Scope of Vocational Rehabilitation Services

(1) Maintenance. Maintenance is defined in 34 C.F.R. §361.5(c)(34). Maintenance does not mean support for the discharge of court-ordered obligations or indebtedness of any kind incurred prior to or subsequent to an application for rehabilitation services.

(2) Occupational Licenses, Tools, Equipment and Initial Stocks and Supplies.

(a) Occupational licenses shall include any license, permit, or other written authority required by a state, city or other governmental unit to enter an occupation or enter self-employment.

(b) Occupational tools shall meet the requirements of the employment.

(c) The division shall retain the right to provide the individual with previously used occupational tools.

(d) If the aggregate cost of occupational tools is less than or equal to $1,000, such occupational tools shall become the property of the individual immediately upon the purchase thereof. If the aggregate cost of the occupational tools exceeds $1,000, such occupational tools shall become the property of the individual upon purchase; however, title and ownership to such occupational tools shall revert to the division upon written demand by the division, provided circumstances exist justifying the closure of the individual’s case for reasons other than a successful completion of the Individualized Plan for Employment (IPE). When title to such occupational tools reverts to the division, the individual who received such occupational tools shall make them immediately available to the division.

(3) Transportation.

(a) The counselor shall explore the ability of an individual to utilize existing transportation resources to participate in vocational rehabilitation services. Transportation resources shall include:

1. The individual’s current mode of transportation, including a privately-owned vehicle;

2. The reasonableness of using other modes of transportation, such as taxicabs, carpools, co-workers, volunteers or attendants; paratransit, public transit or other community services. The division shall use the Florida Commission for the Transportation Disadvantaged coordinated transportation system for provision of transportation services to consumers when possible.

(b) An individual who requests mileage reimbursement for transportation in a privately-owned vehicle must present a valid driver’s license. If the individual is not a driver, the individual must provide a plan to the counselor that describes how the individual will utilize family members, personal care attendants or others as drivers in support of the rehabilitation plan.

(c) Vehicle Repairs. See Form DVR-001, Vehicle Modification Consumer Acknowledgement, as incorporated by reference in Rule 6A-25.019, FAC.

1. “Used vehicle” means a vehicle that has been titled and registered to at least one (1) owner or has been used as a demonstration model.

2. Repairs or costs for used vehicle operation may be made if they are necessary for the individual to participate in vocational rehabilitation services. The individual must have a valid driver’s license and present a current vehicle registration document for the used vehicle considered for repair. If the individual is not the owner of the used vehicle, the individual must also present a written and signed statement from the vehicle owner that this vehicle is provided to the individual for use during his/her rehabilitation program.

3. If it is determined that used vehicle repairs are necessary, an estimate completed by a certified mechanic is required to document the cost of repairs.

4. The trade-in value of the used vehicle to be repaired shall be determined by reference to generally accepted valuation methods. The maximum amount that the division will expend on repairs for the life of the used vehicle is one and one- half times the trade-in value in the absence of special circumstances.

(4) Post-Employment Services. A decision to provide post-employment services versus opening a new case shall be based on individual considerations taking into account the current validity of previous data.

(5) Informed Choice.

(a) An eligible individual may choose to receive necessary vocational rehabilitation services from any qualified or licensed provider. Where applicable, the providers of choice must be licensed by the state of Florida or appropriately accredited to perform such services.

(b) If an individual chooses a service provider outside the service area where he/she resides, the individual shall provide for his/her own transportation costs, unless no qualified provider possessing the required expertise is available or a provider in another area is within a shorter commuting distance to the individual. If the individual selects a provider out-of-state and there are qualified service providers in-state, the individual with a disability shall agree to pay the excess travel and service costs.

(6) Comparable Services and Benefits.

(a) If comparable services and benefits are not available to the individual at the time needed to achieve the employment outcome identified in the Individualized Plan for Employment (IPE), or if the benefits exist but are not available at the time needed to satisfy objectives in the IPE, the division may authorize funding directly only until comparable benefits and services become available.

(b) Comparable services and benefits do not include awards and scholarships based on merit that are granted without restrictions as to their use by the individual.

(c) If an eligible individual is a Social Security Administration (SSA) Ticket to Work holder whose Ticket is assigned to an Employment Network (EN), the division shall consider all goods and services referenced in the IPE to be comparable services and benefits to be purchased or provided by an EN with which the eligible individual’s Ticket is assigned.

(7) Pre-Employment Transition Services. Pre-employment transition services, as defined in 34 C.F.R. §361.5(c)(42) and 34 C.F.R. §361.48(a), may be provided to students with disabilities beginning at age fourteen (14).

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30, 413.32, 413.731 FS. History–New 5-14-12, Amended 8-20-17, 10-18-18.

Fla. Admin. Code R. 6A-25.010 Comparable Services and Benefits

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Repealed 8-20-17.

Fla. Admin. Code R. 6A-25.011 Division Determinations, Review Procedures

(1) Administrative Review.

(a) An individual may request an administrative review when he or she is dissatisfied with and wishes to dispute a division determination. The Area Director or his or her designee shall, upon request by the individual, conduct the administrative review to facilitate the speedy resolution of the dispute.

(b) The individual or his or her authorized representative shall have twenty-one (21) calendar days from the date of receipt of the notification of determination to inform the division in writing of his or her desire for an administrative review. The individual may elect to bypass the administrative review and file a petition for an administrative hearing. The individual, the individual’s representative or Client Assistance Program, if representing the individual, may initiate a timely request to extend the twenty-one (21) days.

(c) The individual or authorized representative may attend the administrative review in person or by teleconference and shall have the right to present information relevant to the determination.

(d) The Area Director or his or her designee shall render his or her decision based upon the individual’s case file, any information presented by the individual or by the division at the administrative review, any other pertinent information, and applicable law, regulation, and policy.

(e) The Area Director or his or her designee shall render a decision in writing consisting of findings and conclusions within five (5) working days of the administrative review.

(f) The individual shall have the right to challenge the administrative review decision by timely filing with the Director of the division a request for mediation or a petition for an administrative hearing within twenty-one (21) days of receipt of the decision.

(2) Mediation.

(a) If an individual files a petition for an administrative hearing, and upon the agreement of the individual and the division, the dispute shall be mediated by a family, county court or civil court mediator certified by the Florida Supreme Court. Such mediation shall be paid for by the division.

(b) The division shall propose three (3) certified mediators from the judicial circuit in which the individual resides. The individual shall select from such list one (1) of the three (3) to mediate the dispute. The mediator may not have been previously involved in the individual’s vocational rehabilitation or have a personal, professional, or financial interest that would impair the mediator’s objectivity.

(3) Administrative Hearing.

(a) If the individual is dissatisfied with any determination made by the division and/or decision of the administrative review or the outcome of mediation, or has elected to bypass the administrative review or mediation, the individual may file a written request for an administrative hearing before an Administrative Law Judge (ALJ) assigned by the Division of Administrative Hearings (DOAH).

(b) The request for an administrative hearing must be made within the twenty-one (21) days after the administrative review decision is received, or if the administrative review option is bypassed by the individual, within the twenty-one (21) days after the notification of the determination of the division is received. The request for an administrative hearing must be addressed to the Director of the division.

(c) The individual may be represented at the administrative hearing by an attorney or any person selected by the applicant or eligible individual competent to meet the requirements for a personal representative pursuant to Rule 28-106.106, F.A.C. During the administrative hearing, the individual, or as appropriate, the individual’s representative, may present witnesses and evidence and may examine all witnesses and other relevant sources of information and evidence.

(d) The administrative hearing shall be conducted in conformance with the requirements of Chapter 120, F.S., and Chapter 28-106, F.A.C.

(e) The ALJ shall issue a Recommended Order. The Florida Commissioner of Education shall review the Recommended Order and the parties’ Exceptions to the Recommended Order, if any, and, pursuant to Section 120.57, F.S., issue a Final Order. The Commissioner may not overturn or modify the ALJ’s Recommended Order except as provided in Section 120.57(l), F.S.

(4) Judicial Review. An individual who has exhausted all available and adequate administrative remedies and is aggrieved by the administrative disposition of the matter in dispute is entitled to (1) judicial review as provided by Section 120.68, F.S.; or (2) bring a civil action as provided by 29 U.S.C. §722(5)(j).

History

• Rulemaking Authority 413.22 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Formerly 38J-1.006, Amended 2-19-19.

Fla. Admin. Code R. 6A-25.012 Confidentiality and Release of Consumer Information/Records

(1) Request for Case Record Amendment.

(a) The division shall accept additional information for inclusion in the case record to the extent it determines such information to be material to providing or not providing rehabilitation services to the applicant or individual.

(b) Any such additional information shall be identified as produced by the applicant or individual.

(c) The division shall not alter the existing case record in any other way.

(2) Information that may be harmful to the applicant or individual may not be released directly to him or her, but instead must be provided through a designated representative, physician or a licensed psychologist. HIV/AIDS tests and any related information shall not be released unless release is specifically requested by the applicant/individual or his or her guardian (if the individual is incompetent). The release of HIV/AIDS information to the applicant or individual or the applicant’s or individual’s guardian must be made in a face-to-face meeting during which the division is prepared to offer counseling to the applicant or individual (and guardian, if appropriate) regarding such information. All references to HIV/AIDS information in case file documents must be stricken unless the foregoing conditions are met. HIV information shall not be released without the individual's written consent except to a medical provider who will be performing services that would put such provider at risk of contracting HIV/AIDS from the individual.

(3) Upon the submission of a signed request Form DOE/VR-VCMT066, Individual’s Waiver of Statutory Confidentiality Rights (http://www.flrules.org/Gateway/reference.asp?No=Ref-16715) (effective July 2024) adopted herein by reference, by the applicant or individual, the division may release the same information to third parties that it could release to the applicant or individual or the applicant’s or individual’s representative. HIV/AIDS information shall not be released unless such release is specifically requested in writing by the applicant or individual or the applicant’s or individual’s representative.

(4) The division may destroy an individual’s closed case records in accordance with the Department of State, Division of Library and Information Services Schedule GS1-SL.

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30, 413.341 FS. History–New 5-14-12, Amended 7-2-24.

Fla. Admin. Code R. 6A-25.013 Physical and Mental Restoration Services

(1) Medical, psychological, or dental consultation shall be required prior to treatment for extraordinary or experimental procedures. Consultants may assist the division in:

(a) Interpreting medical, dental, or psychological reports;

(b) Determining the need for further diagnostics or for confirming the suitability of restoration services as recommended by a qualified physician, dentist, or psychologist;

(c) Determining whether a physical or mental condition is chronic and stable or slowly progressive;

(d) Determining the implication of the applicant’s physical or mental condition for rehabilitation potential;

(e) Determining the appropriate fees for medical, dental or psychological procedures;

(f) Determining the best option for various medical procedures;

(g) Determining the most appropriate hospital and the most cost-efficient fee.

(2) In order to avoid even the appearance of a conflict of interest, consultation shall not occur with the actual provider of either a diagnostic or a treatment service unless no other provider is available.

(3) Dental services. Dental services may be provided to an individual if the individual’s dental condition is a substantial impediment to employment; is slowly progressive; is contributing significantly to the complication of another physical condition; and that condition constitutes a substantial vocational impediment.

(a) The use of a dental condition as a primary disability is not prohibited but would be limited to the following instances:

1. When the dental condition creates toxicity and causes physical symptoms in other systems of the body. This determination must be made by an internist and treatment approved by the division’s medical consultant; or

2. When the dental condition results in a cosmetic problem that is severe enough to prevent an individual from obtaining or retaining a job in which the individual would be serving the public.

(b) Preventive dental services may be provided only as an adjunct to dental treatment. A preventive dental service in and of itself shall be prohibited.

(4) Hearing aids.

(a) The choice of hearing aids shall be based on the recommendation of a licensed audiologist and the individual’s current hearing and speech capabilities. The selected hearing aid must enable the individual to successfully complete the services in the Individualized Plan for Employment (IPE) that are needed to secure, retain or regain employment. If the individual prefers a more expensive hearing aid, the individual must pay the difference in cost between the required hearing aid and the chosen one.

(b) The purchase of a hearing aid shall be based on the manufacturers’ single unit price (MSUP) plus a division-established allowance to cover programming, fitting, dispensing, up to two (2) follow-up visits after the initial 30-day trial period, ear-mold(s), and 1-year warranty.

(5) Bariatric Surgery. The division may consider providing bariatric surgery only if an individual’s weight constitutes a substantial impediment to employment. The division may consider providing bariatric surgery to those persons for whom it is medically necessary, because their medical condition will not allow them the time to lose weight by conservative approaches (balanced eating program and therapy for one (1) year) or for whom more conservative approaches have failed to result in weight loss. The medical risks involved in the surgery and risk of surgery failure must justify the imposition of the following conditions:

(a) The individual must provide documented evidence of vocational impairments that exist at the time of request;

(b) An individual requesting bariatric surgery as an elective procedure must provide records of nutritional counseling and attempt at weight loss with a balanced diet (may be through a weight loss program or in consultation with a nutritionist or doctor) for at least one (1) year prior to the division’s considering sponsoring bariatric surgery. The division may assist with the costs of counseling and weekly fees for weight loss programs;

(c) The individual must submit to psychological evaluation and therapeutic counseling, if recommended, regarding the individual’s current psychological status, expectations about the surgery, and ability to maintain the extreme dietary discipline required after surgery;

(d) The individual must provide documentation from a doctor that the individual can safely undergo the surgery and be expected to return to employment; and,

(e) The individual must agree to work with a nutritionist after surgery for six (6) months.

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12.

Fla. Admin. Code R. 6A-25.014 Vocational and Other Training Services

(1) Training materials. If the aggregate cost of training materials purchased by the division is less than or equal to $1,000, such training materials shall become the property of the individual immediately upon purchase.

(a) If the aggregate cost of training materials purchased by the division exceeds $1,000, such training materials shall become the property of the individual upon purchase; however, title and ownership to such training materials shall revert back to the division upon written demand by the division provided circumstances exist justifying the closure of the individual’s case for reasons other than a successful completion of the employment outcome.

(b) When title to training materials reverts to the division, the individual who received such training materials shall immediately make the training materials available to be secured by the division.

(2) Pell Grants.

(a) Pell Grants may only be used for expenses related to an individual’s participation in an educational program. Such expenses include, but are not limited to, tuition fees, room and board (or living expenses for a student who does not contract with the school for room and board), transportation, books, supplies, and rental or purchase of a computer.

(b) The individual must provide the division with Pell Grant award or denial letters.

(c) The division may sponsor tuition, fees, books and supplies for the initial term while the individual’s Pell Grant application is processed. The division may not sponsor subsequent terms unless the individual’s Pell Grant application was denied or a financial aid officer verifies the grant has not been awarded. In the event that an individual is awarded the Pell Grant for a semester in which tuition, fees, books, and/or supplies have been sponsored by the division, that individual shall reimburse the division for the full amount of the expenditures up to the amount of the Pell Grant. Pell Grant money in excess of this amount must be used by the individual for related educational expenses.

(3) Individuals may choose to attend a private school or private or out-of-state college or university. If an individual selects an out-of-state or private institution, such institution must be fully accredited and in compliance with the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, and Title V of the Act in order to receive payment from the division. If an out-of-state or private institution is used on the basis of individual preference, costs shall be paid by the division at the same rate as that for a Florida public institution, with the individual being responsible for paying any cost differences. Under such circumstances, costs of ancillary services such as interpreters for the deaf, note takers, and other accommodations shall be covered by the division only if such services are not provided by similar Florida public institutions or by the private or out-of-state institution chosen by the individual. When providing training or education services, the division shall pay only the amount charged by Florida’s public colleges/universities or vocational schools (less the amount the individual is eligible to receive in grants), unless attendance at an out-of-state or private college or university or private training program is:

(a) Necessary due to its unduplicated educational resources to prepare for, retain or regain the employment outcome; or

(b) The most cost effective option when taking into account transportation and maintenance due to location or when taking into account available grant and scholarship funds (except scholarships based on merit); or

(c) Necessary due to circumstances beyond the eligible individual’s control such as personal illness, physical limitation, the need for part-time employment or to care for children or other family members and other similar circumstances; or

(d) Paid by grant, award or scholarship monies (except those based on merit) sufficient to offset increased cost to the division.

(4) The division shall not continue payment for training or educational programs for eligible individuals who fail to maintain institution standards for both satisfactory academic performance and a full academic load unless such failure is due to:

(a) Circumstances beyond the eligible individual’s control such as personal illness, physical or mental limitations;

(b) A need for part-time employment; or

(c) Caring for children or other family members.

(5) If an individual has to retake a course due to a failing grade or fails to attend the appropriate number of classes and the failure to attend was within the individual’s control, the division shall have no obligation to pay for the student’s retaking of the course.

(6) The awarding of a degree or certificate shall be within a time frame based on the individual’s needs and capabilities.

(7) Out-of-State Students Attending Florida Schools.

(a) When an individual requests support for training services to pursue an Associate’s Degree or Bachelor’s Degree at any college or university in Florida, the division will ascertain whether the individual is a resident of another state. If an individual refuses to disclose their state of residence, then the division cannot authorize the requested training services for the individual.

(b) The presentation of any two of the following documents are sufficient to determine that an individual has established their residence in Florida:

1. A sworn declaration of domicile for the individual meeting the requirements of Section 222.17, F.S.;

2. A Florida driver license or identification card for the individual;

3. A Florida vehicle registration for the individual’s vehicle; or

4. A Florida voter registration card for the individual.

(c) An individual can provide evidence of residence in Florida, as described in paragraph (b), when applying for services or after becoming eligible for services. Upon presentation of such evidence, the restrictions on the provision of services in this subsection will no longer apply to the individual.

(d) For any individual seeking training services, as described in paragraph (a), who is a resident of another state, the division must refer the individual to the designated state agency/designated state unit (DSA/DSU) under the federal Rehabilitation Act of 1973, as amended, in the individual’s state of residence.

(e) If the individual refuses to seek support for the training services, as described in paragraph (a), from the DSA/DSU of their state of residence, the division will not authorize training services.

(f) The division will rely on the determination regarding the provision of training services, as described in paragraph (a), made by the DSA/DSU of the individual’s state of residence. The division will not provide training services, as described in paragraph (a), following a denial of such services by the DSA/DSU of the individual’s state of residence.

(g) The requirements of this subsection will not affect the eligibility determination for the individual, as governed by law and the rules of this chapter. The requirements of this subsection will not affect the provision of other vocational rehabilitation services to the individual, as governed by law and the rules of this chapter.

History

• Rulemaking Authority 413.22 FS. Law Implemented 413.24, 413.28, 413.30, 413.32 FS. History–New 5-14-12, Amended 10-1-19.

Fla. Admin. Code R. 6A-25.015 Building Modifications

(1) Building modifications consist of alterations to homes, condominiums, apartments, and worksite facilities for the purpose of accessibility for individuals with disabilities. The division will provide modifications that provide an accessible environment, consistent with the Florida Accessibility Code for Building Construction, and comply with local and state building codes.

(2) Residential Architectural Modifications. See Form DVR-002, Home Modification Consumer Acknowledgement, as incorporated by reference in Rule 6A-25.019, F.A.C.

(a) The division may provide a limited range of residential architectural modifications if:

1. The modifications are required to achieve the employment outcome of an approved Individualized Plan for Employment (IPE); and,

2. The modifications can be made with conformance to all applicable building codes.

(b) The division will provide modification services for accessibility to a bathroom and a bedroom. Modifications to other areas such as living rooms are limited to doorways unless further modification is justified by the individual’s employment needs.

(c) The division may provide modifications to the kitchen if the individual is the primary person who prepares food.

(d) The division will provide a single access route through the most ideal location. If a second route is required for emergencies, an additional access route will be provided or an egress window, whichever is more appropriate. Guidelines for an alternate route include situations in which:

1. No other resident or person typically present is available or physically capable of assisting or carrying the individual to safety, or

2. The individual is required to access the primary route through the kitchen or like area.

(e) Space contained within the existing roof line and foundation of the home will be considered for accessibility. Additions may be recommended only if the existing structure cannot be modified cost-effectively.

1. If the required accessibility can be provided within the existing roofline, but the individual/owner wants an addition, the owner must prepare drawings to scale and specifications for review by the rehabilitation engineer.

2. The division may consider the addition only if the cost is equal to or less than modifying the original space and the accessibility meets the individual’s needs. If the cost is more than modification of the original space, and the individual wishes to pay the difference to have the addition, the difference in cost must be paid to the contractor prior to the division’s payment for the project.

(f) The division will not pay for any portion of new construction of stand-alone buildings.

(g) The division will not purchase or modify existing swimming pools, heated pools, jacuzzis, whirlpool tubs or saunas. If a doctor prescribes therapy that requires a pool, jacuzzi, whirlpool or sauna, the counselor will advise the individual in locating an accessible facility which provides the prescribed therapy under the supervision of a qualified therapist or an alternative mode of therapy.

(h) Portable rehabilitation technology will be provided for accessibility to rental or leased property, whenever possible. Limited structural modifications for the purposes of widening doorways may be provided when the counselor and the rehabilitation engineer agree the modifications are justified by the individual’s employment and living needs.

(i) The division will not provide modifications to a building that does not meet local and state building codes.

(j) Prior to the authorization of any building modifications, the counselor and individual will obtain all necessary approvals from the property owner, homeowner’s associations, and any persons with an interest in such variances for the property.

(3) Worksite Modifications.

(a) Worksite modifications are accommodations to work areas, tools, processes and appliances to increase the accessibility and function at the place of employment.

(b) The counselor will address any concerns of the individual prior to making a referral to the rehabilitation engineer. Any identified concerns must be included in the referral information. The counselor will make the employer aware of the scope of the worksite assessment by the rehabilitation engineer.

(c) If the rehabilitation engineer recommends adaptive equipment, products, or worksite accommodations, the counselor may request that the employer provide the products or modifications as a comparable benefit.

(d) The counselor or employer may utilize the rehabilitation engineer to coordinate installation of employer-provided assistive technology.

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12.

Fla. Admin. Code R. 6A-25.016 Rehabilitation Technology Services

(1) Definitions.

(a) “Accessible vehicle” means an ADA-compliant, original equipment manufacturer vehicle, or an original equipment manufacturer vehicle subsequently made ADA-compliant prior to delivery, or an existing vehicle as modified to reasonably accommodate an individual’s needs.

(b) “Driver evaluation” means an assessment of an individual’s abilities to drive a vehicle safely, to determine what training needs exist, and if vehicle modification, adaptive equipment or automotive equipment is necessary to enable the individual to drive.

(c) “Driver training” means instruction to teach an individual to drive a vehicle so that the individual will be able to obtain or retain a driver’s license.

(d) “Used equipment” means any equipment that has previously been sold to an individual or utilized as a demonstration product. The division will not purchase used equipment or reimburse any portion of costs towards the equipment, where a sale or delivery has occurred prior to authorization of services.

(2) Scope of Services. The division shall provide appropriate rehabilitation technology services, including consultation with a rehabilitation engineer, that are necessary for the applicant or eligible individual to participate in division services, assessments or achievement of an employment outcome. Prior to providing repairs to rehabilitation technology, the division shall determine whether maintaining equipment or replacement of equipment is appropriate.

(3) Vehicles and Driver Training.

(a) A driver evaluation by a driving evaluator will be obtained to determine the individual’s functional capacities to drive and need for modifications and adaptive equipment. The driving evaluator and rehabilitation engineer will produce final specifications for modifications.

(b) A driver training specialist will provide driver training to insure the individual’s and the public’s safety.

(c) Provision of accessible vehicles shall be considered only after every other transportation option has been explored and only after it has been determined that provision of an accessible vehicle is the most cost efficient and appropriate approach for the client and the division. The division shall not authorize provision of an accessible vehicle when the individual can effectively utilize public transportation and other means of transportation.

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12.

Fla. Admin. Code R. 6A-25.017 Case Closure

(1) A case shall be closed when the individual has achieved an employment outcome, is determined ineligible, is not available, declines further service, or when the individual’s actions or inactions materially interfere with providing services.

(2) Successfully Rehabilitated. For an individual to be considered successfully rehabilitated, the individual must have been:

(a) Determined to be eligible;

(b) Provided an assessment for determining eligibility and vocational rehabilitation needs;

(c) Provided services from the division in accordance with the Individualized Plan for Employment (IPE); and,

(d) Determined to have achieved and maintained an employment outcome for at least ninety (90) days.

(3) Closure for Reasons Other Than Rehabilitated. An individual’s case record may also be closed for the following reasons:

(a) The individual has moved without a forwarding address, cannot be located or contacted, is otherwise unavailable, or has left the state and shows no intentions of continuing in their vocational rehabilitation program;

(b) The individual’s mental or physical disability has been documented as too severe for the individual to benefit from vocational rehabilitation services in terms of employment;

(c) The individual chooses not to participate or continue in his or her vocational rehabilitation program;

(d) Death;

(e) The individual has entered an institution and will be unavailable to participate in a vocational rehabilitation program for an indefinite or considerable period of time. Institutions include, hospitals, nursing homes, prisons and jails, and treatment centers;

(f) The individual needs services that are more appropriately attained elsewhere. Transfer to the other agency indicates that appropriate referral information is forwarded to the other agency so that agency may provide services more effectively;

(g) The individual’s actions or inactions make it impossible to begin or continue a vocational rehabilitation program. Examples of actions or inactions that materially interfere with providing services include:

1. Unreasonable failure to sign an IPE or an amendment to an IPE, or violations of the IPE;

2. Continued unavailability or continued failure to keep scheduled appointments;

3. Repeated failure to comply with reasonable requests for diagnostic assessments, or

4. Threatening bodily harm to division employees or destruction of division property.

(h) The individual is not eligible for vocational rehabilitation services because no physical or mental impairment exists;

(i) The individual is not eligible for vocational rehabilitation services because his or her physical or mental impairment does not constitute a substantial impediment to employment;

(j) The individual may have benefited from the provision of supported employment services but no source of extended services was available;

(k) The individual received services and was placed in a non-integrated setting for a public or non-profit organization, or

(l) Other reasons as appropriate in the circumstances.

(4) Post-Employment Closures. The division may close the case of an individual to whom the division has provided post-employment services and who has achieved employment thereby, or for other appropriate reason.

History

• Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS. History–New 5-14-12, Formerly 38J-1.007.

Fla. Admin. Code R. 6A-25.018 Recovery From Third Parties

(1) It shall be the policy of the division to seek reimbursement in full for all funds expended for vocational rehabilitation and related services from all parties liable therefor under Chapter 413, F.S. Third parties shall include first-party insurers and the Social Security Administration.

(2) The division shall seek the recovery of monies spent on behalf of an individual from a third party:

(a) Whenever a third party is liable for the payment of such services;

(b) From the individual if the individual has already received third-party payments;

(c) From the provider of the services if the provider recovers from the individual or a third party on behalf of the individual.

(3) When there is a possibility of a liable third party, the counselor, with the assistance of the individual, shall complete Form DVR-004, Subrogation Worksheet, as incorporated by reference in Rule 6A-25.019, F.A.C. The division shall request that the individual read and sign Form DVR-004, Subrogation Worksheet. Services to the individual provided through the division shall not be contingent upon the signing of this worksheet nor shall the subrogation rights of the division be contingent upon the individual signing the worksheet.

(4) The division may either file a lien meeting the requirements of Section 413.445, F.S., or notify the individual’s attorney by letter of the division’s right to subrogation. The failure of the division to file a lien or notify the individual’s attorney in writing shall not affect the division’s subrogation rights.

(5) If the division receives a third party payment on either a pending Social Security Disability Benefits (SSDI) or Supplemental Security Income (SSI) claim or for which reimbursement has been received, then this shall be reported to the Social Security Administration.

(6) If the division has paid a vendor for services and the vendor is paid for those services by a third party, the vendor shall reimburse the division.

(7) If a vendor will not accept Medicaid or Medicare, the division may pay the vendor for services and recover from Medicaid.

(8) Under special circumstances, where undue financial hardship would result to the individual, the division may consider, in its sole discretion, whether to seek reimbursement or to seek reimbursement for less than all of such funds expended. Under such circumstances, the division shall consider the following factors in determining whether to seek less than full or no reimbursement:

(a) The amount of reimbursement being offered by any party liable therefor;

(b) Cost to the division of services rendered to the individual;

(c) Types of services rendered to the individual;

(d) Employment status of the individual;

(e) Cost to the individual of living independently;

(f) Additional liens against the individual resulting from medical or rehabilitation services provided to such individual;

(g) Whether any other lienors have reduced their liens;

(h) Whether any attorney representing the individual has reduced his/her fee;

(i) Other sources of income available to the individual; and,

(j) The cost effectiveness of pursuing the recovery.

(9) The division shall have the sole discretion, after consideration of such factors, to reduce or waive any claims the division may have under Section 413.445, F.S.

History

• Rulemaking Authority 413.22, 413.445, 1001.02 FS. Law Implemented 413.445 FS. History–New 5-14-12, Formerly 38J-1.001.

Fla. Admin. Code R. 6A-25.019 Forms and Documents

The following forms and documents are incorporated by reference into this rule, to become effective October 2019, and may be obtained from the Division of Vocational Rehabilitation, 4070 Esplanade Way, Second Floor, Tallahassee, FL 32399:

(1) Form DVR-001, Department of Education, Division of Vocational Rehabilitation, Vehicle Modification Consumer Acknowledgment (http://www.flrules.org/Gateway/reference.asp?No=Ref-00642), (rev. 01/2012);

(2) Form DVR-002, Department of Education, Division of Rehabilitation, Home Modification Consumer Acknowledgment (http://www.flrules.org/Gateway/reference.asp?No=Ref-00643), (rev. 01/2012);

(3) Form VRW300, Department of Education, Division of Vocational Rehabilitation, Referral to Vocational Rehabilitation (http://www.flrules.org/Gateway/reference.asp?No=Ref-10893), (rev. 05/2019);

(4) Form VRW305, Department of Education, Division of Vocational Rehabilitation, Referral to Vocational Rehabilitation, Spanish (http://www.flrules.org/Gateway/reference.asp?No=Ref-10894), (rev. 05/2019);

(5) Form DOE/DR-VCMT0007, Subrogation Worksheet (http://www.flrules.org/Gateway/reference.asp?No=Ref-10895), (rev. 12/2018); and

(6) Form DOE/DVR VCMT094, Department of Education, Division of Vocational Rehabilitation, Financial Participation Assessment Form (http://www.flrules.org/Gateway/reference.asp?No=Ref-10896), (rev. 03/2019).

History

• Rulemaking Authority 413.22, 413.445 FS. Law Implemented 413.24, 413.28, 413.30, 413.32, 413.445 FS. History–New 5-14-12, Amended 10-1-19.

Fla. Admin. Code R. 6A-25.020 Florida Endowment for Vocational Rehabilitation (Direct-Support Organization for Vocational Rehabilitation)

(1) The Direct-Support Organization (DSO) of the Division shall adopt bylaws.

(2) Bylaw provisions shall include, but are not limited to, the following:

(a) Description of the DSO, including name and purpose;

(b) Structure and organization;

(c) Prohibited activities;

(d) Board of directors, officers and committees;

(e) Meetings and quorum;

(f) Fiscal procedure; and

(g) Amendment of bylaws.

(3) The DSO’s board of directors shall provide for the receipt, deposit and withdrawal of all funds consistent with the following provisions:

(a) Depository withdrawals shall be on numerically controlled checks. Checks of $25,000.00 or less, and that are reflective of amounts allowed per the adopted budget, need one signature. For checks over $25,000.00, two signatures are required. In both cases, signatories must be officers of the DSO’s board.

(b) All funds received from all sources shall be deposited intact in a designated depository as soon as practicable and a record shall be kept to identify the payer, the amount, and the purpose. Funds received from state and federal sources shall be accounted for separately, but may be deposited in a bank account with other corporate funds except when the terms of such receipt require a separate depository account.

(4) The DSO shall submit its annual budget to the Division Director or the Division Director’s designee for review no later than August 1 of each year.

(5) For purposes of calculation of administrative costs as set forth in Section 413.615(9)(j), F.S., the following definition applies: “Officers’ salaries” means the salaries of the individuals designated as officers in the not-for-profit corporation’s most recent Form 990, Return of Organization Exempt from Income Tax, Department of the Treasury, Internal Revenue Service and includes all persons vested with the management of the affairs of the DSO.

History

• Rulemaking Authority 413.615 FS. Law Implemented 413.615 FS. History–New 2-19-19, Amended 5-23-23.

Fla. Admin. Code R. 6A-25.021 Service Provider Registration and Quality Assurance Requirements

(1) Definitions.

(a) “Participant” means a customer or client of the Florida Division of Vocational Rehabilitation (DVR) who meets the definition of a ‘vulnerable person’ in section (s.) 435.02, Florida Statute (F.S.).

(b) “Proven Functional Systems” means an internal method of a service provider, as defined in s. 413.20, F.S., for managing and storing information that must, at a minimum, track:

1. Participant names;

2. Service provided to each client, including dollar amounts for each service type;

3. Start and end date of each service provided to each participant;

4. Fiscal data that includes information on monetary compensation that DVR has paid to the service provider for each participant; and

5. Communication and technical assistance received by service provider staff from DVR related to service provision or payment.

(c) “Internal System of Quality Assurance” means internal procedures that must document the effectiveness of each service provided to each participant.

(d) “Due-Diligence Inquiry” means any request from DVR to a service provider for information relating to the administration and provision of services to each participant and may include on-site inspection and observation of service provision.

(e) “Sub-contract” means the provision of contractual services pursuant to s. 287.012, F.S. that is not rendered directly by a contractor or its direct employee(s). The hiring of an independent contractor by a service provider to complete contracted work or services is considered subcontracting.

(f) “Fee-for-Service Provider” means a service provider, pursuant to the definition in s 413.20, F.S., who is actively registered with DVR and has an executed Fee-for-Service Provider Contractual Agreement with DVR.

(2) Registration process.

(a) Fee-for-Service Provider Application Process:

1. Submit a Service Provider Registration Application with DVR and all documentation required by the application;

2. Once DVR has notified a service provider of the approval of the application and the approved services, the service provider must submit a signed DVR Fee-for-Service Provider Contractual Agreement and all documents mentioned therein;

3. A Fee-for-Service Provider is not deemed registered until the Division has notified the service provider of the acceptance and execution of the Fee-for-Service Provider Contractual Agreement, which contains the following:

a. Requirements specific to Fee-for-Service Provider due-diligence inquires, monitoring, audits, inspections and investigations;

b. Fee-for-Service Provider requirements regarding confidentiality of client information;

c. Indemnification requirements for service providers;

d. General Liability Insurance requirements;

e. Background check requirements listed in s. 413.208, F.S.;

f. Sub-granting and/or subcontracting requirements;

g. Timelines for submission of requests for payments in alignment with period of performance requirements;

h. Section 501(c)(3) requirements, if applicable;

i. Contract term that includes the date that the contract is effective and the date the contract shall terminate. Contract termination terminates a service provider’s active provider status with the Division;

j. Agreement documents to which the registered Fee-for-Service Provider agrees to be bound that include the following:

(I) DVR’s Provider Code of Conduct;

(II) The Service Provider Manual;

(III) The Programmatic Operations Resource Guide (PORG); and

k. Any other requirements per state or federal law for contracted service providers.

(b) Special Contract Application Process. Please contact the DVR special contracts unit.

(3) Conditions for Fee-for-Service Provider registration suspension and revocation:

(a) Multiple failures to submit requests for payments within the allowable period of performance;

(b) Failure to provide documentation or information pursuant to a DVR due-diligence inquiry;

(c) Failure to maintain proven functional systems as defined in paragraph (1)(b);

(d) Failure to maintain internal systems of quality assurance as defined in paragraph (1)(c);

(e) Any violation of the documents contained in subsection (2).

(4) A Fee-for-Service Provider must be able to provide evidence of proven functional systems and quality assurance in accordance with subsection (1) upon request of the Division within fifteen (15) business days of a request. Failure to do so, or evidence of offenses listed in subsection (3) of this rule will be cause for registration denial, suspension or revocation. If a fee-for-service provider is found to have committed a violation listed in subsection (3), the service provider may be subject to any of the following:

(a) A Notice of Noncompliance, which, once sent, provides the service provider fifteen (15) days to correct the violation.

(b) A Notice of Suspension, which notifies the service provider of a suspension of their active provider status and may include a requirement of the submission of a corrective action plan for reactivation as a service provider.

(c) A Notice of Revocation, which notifies the service provider that registration as a DVR service provider has been revoked.

(6) The Division reserves the right to increase any penalty depending on the number of violations, previous history of violations, or severity of any alleged violation.

(7) Fee-for-Service Providers are not permitted to sub-contract unless written authorization is given by the Director of Vocational Rehabilitation. DVR criteria for the evaluation and granting of sub-contracts shall include criteria and requirements contained in subsection (2), alignment with requirements in state and federal law specific to allowable use of funds and reporting and impact on the service provider’s ability to maintain proven functional systems as defined in paragraph (1)(b) as well as internal systems of quality assurance as defined in paragraph (1)(c). Any approved subcontractor shall be subject to the requirements in subsection (2).

(8) Fee-for-Service Providers operating under an executed Fee-for-Service Provider Contractual Agreement are prohibited from receiving DVR funds for any services providing a class or coursework that is for credit within a school, as defined in ss. 1002.01 and 1003.01, F.S., that receives federal or state funding.

(9) The following forms and documents are incorporated by reference into this rule and may be obtained from the Division of Vocational Rehabilitation, 325 West Gaines Street, Tallahassee, Florida 32399

(a) Form DVR-FFSPA-2025, Division of Vocational Rehabilitation Fee-for-Service Provider Application (http://www.flrules.org/Gateway/reference.asp?No=Ref-18015) effective May 2025;

(b) Form DVR-FFSPCA-2025, Vocational Rehabilitation Fee-for-Service Provider Contractual Agreement (Service Provider) (http://www.flrules.org/Gateway/reference.asp?No=Ref-18016) effective May 2025;

(c) Form DVR-FFSPCC-2024, Division of Vocational Rehabilitation Fee-for-Service Provider Code of Conduct (http://www.flrules.org/Gateway/reference.asp?No=Ref-16370) effective February 2024;

(d) Form DVR-SPM-2024, Service Provider Manual (http://www.flrules.org/Gateway/reference.asp?No=Ref-16371) effective February 2024; and

(e) Form DVR-PORGH-2025, Programmatic Operations Resource Guide Handbook (http://www.flrules.org/Gateway/reference.asp?No=Ref-18017) effective May 2025.

History

• Rulemaking Authority 413.22 FS. Law Implemented 413.208 FS. History – New 2-20-24, Amended 5-13-25.

Division 6C7 University of Central Florida

Chapter 6C7-1 LOCATION, ORGANIZATION AND FUNCTIONS

Fla. Admin. Code R. 6C7-1 LOCATION, ORGANIZATION AND FUNCTIONS

CHAPTER 6C7-1 LOCATION, ORGANIZATION AND FUNCTIONS 6C7-1.011 Official Seal and Name of the University (Repealed) 6C7-1.014 Committees (Repealed) 6C7-1.017 Utilization of University Recognized Organizations (Repealed) 6C7-1.011 Official Seal and Name of the University. Rulemaking Authority 1001.74(4), 1001.74(6) FS. Law Implemented 1001.74(6) FS. History–New 10-8-75, Amended 11-27-80, Formerly 6C7-1.11, Amended 3-16-03, Repealed 6-8-09. 6C7-1.014 Committees. Rulemaking Authority 1004.74(10), 1006.66 FS. Law Implemented 1001.75(12) FS. History–New 1-6-82, Formerly 6C7-1.14, Amended 3-16-03, Repealed 6-8-09. 6C7-1.017 Utilization of University Recognized Organizations. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.75(12) FS. History–New 12-31-87, Amended 3-16-03, Repealed 6-8-09.

Chapter 6C7-2 ACADEMIC AFFAIRS

Fla. Admin. Code R. 6C7-2 ACADEMIC AFFAIRS

CHAPTER 6C7-2 ACADEMIC AFFAIRS 6C7-2.001 Admissions and Readmissions (Repealed) 6C7-2.002 New Entering Freshmen (Repealed) 6C7-2.003 Graduate Students (Repealed) 6C7-2.0031 Post-baccalaureate Non-degree Students (Repealed) 6C7-2.004 Undergraduate Transfer Student Admissions (Repealed) 6C7-2.006 Acceleration Mechanisms (Repealed) 6C7-2.008 Undergraduate Interinstitutional Transient Registration (Repealed) 6C7-2.009 Foreign Students (Repealed) 6C7-2.010 Degrees (Repealed) 6C7-2.0121 Limited Non-Degree-Seeking Applicants (Repealed) 6C7-2.017 Non-Credit Programs (Repealed) 6C7-2.018 Access to Student Records (Repealed) 6C7-2.023 Calendar (Repealed) 6C7-2.027 Sponsored Research (Repealed) 6C7-2.0271 Sponsored Research Exemption Procedures (Repealed) 6C7-2.029 Copyrights and Patents (Repealed) 6C7-2.031 Establishment and Evaluation of Institutes (Repealed) 6C7-2.001 Admissions and Readmissions. Rulemaking Authority 1001.74(4), (10), 1007.261 FS. Law Implemented 1007.261, 1007.271 FS. History–New 10-8-75, Amended 3-22-76, 5-22-80, 1-6-82, Formerly 6C7-2.01, Amended 4-23-03, Repealed 6-8-09. 6C7-2.002 New Entering Freshmen. Rulemaking Authority 240.227(1), 240.233 FS. Law Implemented 120.53(1)(a), 240.227(8), 240.233 FS. History–New 10-8-75, Amended 5-22-80, 1-6-82, 7-27-83, 7-21-85, 9-8-85, Formerly 6C7-2.02, Repealed 6-8-09. 6C7-2.003 Graduate Students. Rulemaking Authority 120.53(1)(a), 240.227(1), 240.233 FS., 6C-6.003, F.A.C. Law Implemented 120.53(1)(a), 240.209(1), 240.227(1), 240.233 FS., 6C-6.003, F.A.C. History–New 10-8-75, Amended 9-27-79, 1-6-82, Formerly 6C7-2.03, Repealed 6-8-09. 6C7-2.0031 Post-Baccalaureate Non-Degree Students. Rulemaking Authority 120.53(1)(a), 240.227(1), (9), 240.233 FS. Law Implemented 120.53(1)(a), 240.227(9), 240.209(1), 240.233 FS., 6C-6.003, F.A.C. History–New 1-6-82, Formerly 6C7-2.03(4), Formerly 6C7-2.031, Repealed 6-8-09. 6C7-2.004 Undergraduate Transfer Student Admissions. Rulemaking Authority 120.53(1)(a), 240.227(1), (9), 240.233 FS. Law Implemented 120.53(1)(a), 240.115, 240.209(1), 240.227(9), 240.233 FS., History–New 10-8-75, Formerly 6C-2.53, Amended 3-22-76, 5-22-80, 1-6-82, Formerly 6C7-2.04, Repealed 6-8-09. 6C7-2.006 Acceleration Mechanisms. Rulemaking Authority 1001.74(4), (10) FS. Law Implemented 1007.23, 1009.539 FS., 6C-6.006, F.A.C. History–New 10-8-75, Amended 7-14-80, Formerly 6C7-2.06, Amended 3-16-03, Repealed 6-8-09. 6C7-2.008 Undergraduate Interinstitutional Transient Registration. Rulemaking Authority 120.53(1)(a), 240.227(1), 240.233 FS. Law Implemented 120.53(1)(a), 240.227(1), 240.233 FS., 6C-6.008, F.A.C. History–New 10-8-75, Amended 7-14-80, Formerly 6C7-2.08, Repealed 6-8-09. 6C7-2.009 Foreign Students. Rulemaking Authority 1001.74(4), (10) FS. Law Implemented 1001.74(10)(a) FS. History–New 10-8-75, Amended 7-14-80, Formerly 6C7-2.09, Amended 3-16-03, Repealed 6-8-09. 6C7-2.010 Degrees. Rulemaking Authority 1001.74(4), (10) FS. Law Implemented 1001.74(10)(b) FS. History–New 10-8-75, Amended 7-14-80, Formerly 6C7-2.10, Amended 3-16-03, Repealed 6-8-09. 6C7-2.0121 Limited Non-Degree-Seeking Applicants. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10) FS. History–New 4-23-03, Repealed 6-8-09. 6C7-2.017 Non-Credit Programs. Rulemaking Authority 120.53(1), 240.227(1), (11) FS., 6C-6.014, 6C-8.002, F.A.C. Law Implemented 120.53(1), 240.227(1), (11) FS. History–New 10-8-75, Formerly 6C7-2.17, Repealed 6-8-09. 6C7-2.018 Access to Student Records. Rulemaking Authority 120.53(1), 240.227(1), 240.237 FS. Law Implemented 120.53(1), 240.227(1), 240.237 FS. History–New 10-8-75, Formerly 6C7-2.18, Repealed 6-8-09. 6C7-2.023 Calendar. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.75(7) FS. History–New 10-8-75, Amended 6-17-82, Formerly 6C7-2.23, Amended 3-16-03, Repealed 6-8-09. 6C7-2.027 Sponsored Research. Rulemaking Authority 1001.74(4), 1004.22 FS. Law Implemented 1004.22 FS. History–New 10-8-75, Amended 6-17-82, Formerly 6C7-2.27, Amended 4-23-03, Repealed 6-8-09. 6C7-2.0271 Sponsored Research Exemption Procedures. Rulemaking Authority 1001.74(4), 1004.22 FS. Law Implemented 1004.22 FS. History–New 4-28-91, Amended 3-16-03, Repealed 6-8-09. 6C7-2.029 Copyrights and Patents. Rulemaking Authority 1001.74(4) FS. Law Implemented 1004.23 FS. History–New 10-8-75, Amended 7-14-80, Formerly 6C7-2.29, Amended 3-16-03, Repealed 6-8-09. 6C7-2.031 Establishment and Evaluation of Institutes. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(8) FS. History–New 10-8-75, Formerly 6C7-2.31, Amended 4-21-91, 4-23-03, Repealed 6-8-09.

Chapter 6C7-3 PERSONNEL MATTERS

Fla. Admin. Code R. 6C7-3 PERSONNEL MATTERS

CHAPTER 6C7-3 PERSONNEL MATTERS 6C7-3.001 Non-Discrimination (Repealed) 6C7-3.0031 Employee Tuition Free Course Enrollment (Repealed) 6C7-3.0032 Additional State Compensation for UCF Employees (Repealed) 6C7-3.008 Conflict of Interest (Repealed) 6C7-3.010 Faculty Evaluation and Improvement (Repealed) 6C7-3.011 Tenure (Repealed) 6C7-3.0121 A&P Staff Evaluation and Improvement (Repealed) 6C7-3.0122 Resignation and Non-reappointment of Non-unit Faculty and Administrative and Professional Staff Members (Repealed) 6C7-3.0123 Layoff (Repealed) 6C7-3.0124 Discipline and Termination for Cause of Non-unit Faculty and A&P Staff Members (Repealed) 6C7-3.0131 Grievance Procedures for In-unit Employees (Repealed) 6C7-3.0132 Grievance Procedures for Non-unit Faculty and A&P Staff Members (Repealed) 6C7-3.0133 University Support Personnel System Non-Unit Grievance Procedure (Repealed) 6C7-3.0134 Grievances Alleging Discrimination (Repealed) 6C7-3.014 Faculty and Administrative and Professional Development Leave Program (Repealed) 6C7-3.017 Promotion of Faculty (Repealed) 6C7-3.018 Outside Activity or Employment (Repealed) 6C7-3.019 Disruptive Conduct (Repealed) 6C7-3.0191 Disciplinary Action - University Support Personnel System (Repealed) 6C7-3.026 USPS Sick Leave Pool (Repealed) 6C7-3.0261 Faculty and A&P Sick Leave Pool (Repealed) 6C7-3.0262 Meritorious Service Awards Program (Repealed) 6C7-3.030 Confidential Information Policy for Faculty (Repealed) 6C7-3.032 Faculty Annual Assignments (Repealed) 6C7-3.033 University Support Personnel System Predetermination and Arbitration Appeal Procedures for Employees with Regular Status (Repealed) 6C7-3.001 Non-Discrimination. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 10-8-75, Amended 1-10-82, 1-9-83, 12-27-83, 12-27-84, Formerly 6C7-3.01, Amended 3-27-86, 1-6-93, 3-16-03, Repealed 11-5-07. 6C7-3.0031 Employee Tuition Free Course Enrollment. Rulemaking Authority 1001.74(19), 1001.75(3), 1009.26 FS. Law Implemented 1001.74(19), 1001.75(3), 1009.26 FS. History–New 4-30-81, Formerly 6C7-3.031, Amended 1-6-93, 3-16-03, Repealed 11-5-07. 6C7-3.0032 Additional State Compensation for UCF Employees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 4-8-82, Formerly 6C7-3.032, Amended 8-25-92, 3-16-03, Repealed 11-5-07. 6C7-3.008 Conflict of Interest. Rulemaking Authority 1001.74(4) FS. Law Implemented 112.313, 1001.74(19) FS. History–New 10-8-75, Amended 4-30-81, Formerly 6C7-3.08, Amended 3-16-03, Repealed 11-5-07. 6C7-3.010 Faculty Evaluation and Improvement. Rulemaking Authority 1001.74(4), 1012.94 FS. Law Implemented 1001.74(19), 1001.75(3), 1012.94 FS. History–New 10-8-75, Amended 11-10-77, 7-7-81, Formerly 6C7-3.10, Amended 4-23-03, Repealed 11-5-07. 6C7-3.011 Tenure. Rulemaking Authority 1001.74(4) FS. Law Implemented 447.203(2), 1001.74(19), 1001.75(3) FS. History–New 10-8-75, Amended 11-10-77, 4-30-81, 8-4-85, Formerly 6C7-3.11, Amended 8-14-88, 8-2-89, 3-11-93, 9-15-96, 12-9-97, 3-16-03, Repealed 11-5-07. 6C7-3.0121 A&P Staff Evaluation and Improvement. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3), 1012.91 FS. History–New 4-30-81, Amended 11-4-90, Formerly 6C7-3.121, Amended 4-23-03, Repealed 11-5-07. 6C7-3.0122 Resignation and Non-reappointment of Non-unit Faculty and Administrative and Professional Staff Members. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 4-30-81, Formerly 6C7-3.122, Amended 1-6-93, 4-23-03, Repealed 11-5-07. 6C7-3.0123 Layoff. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 447.209, 1001.74(19), 1001.75(3) FS., 6C-5.955, F.A.C. History–New 4-30-81, Formerly 6C7-3.123, Amended 4-23-03, 7-26-04, Repealed 11-5-07. 6C7-3.0124 Discipline and Termination for Cause of Non-unit Faculty and A&P Staff Members. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 4-30-81, Formerly 6C7-3.124, Amended 3-16-03, Repealed 11-5-07. 6C7-3.0131 Grievance Procedures for In-Unit Employees. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(6), 447.309, 447.401 FS., 6C7-3.0133, 6C-5.760, F.A.C. History–New 4-30-81, Amended 12-27-83, Formerly 6C7-3.131, Amended 7-27-92, Repealed 11-5-07. 6C7-3.0132 Grievance Procedures for Non-unit Faculty and A&P Staff Members. Rulemaking Authority 1001.74(4), 1001.75(3) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 4-30-81, Amended 12-27-83, Formerly 6C7-3.132, Amended 3-16-03, Repealed 11-5-07. 6C7-3.0133 University Support Personnel System Non-Unit Grievance Procedure. Rulemaking Authority 1001.74(4) FS. Law Implemented 110.205(2)(d), 1001.74(19), 1001.75(3) FS. History–New 12-27-83, Formerly 6C7-3.133, Amended 11-8-87, 1-6-93, 4-23-03, 7-26-04, Repealed 11-5-07. 6C7-3.0134 Grievances Alleging Discrimination. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 12-27-83, Formerly 6C7-3.134, Amended 1-6-93, 4-23-03, Repealed 11-5-07. 6C7-3.014 Faculty and Administrative and Professional Development Leave Program. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 10-8-75, Amended 3-22-76, 8-4-82, 8-2-89, Formerly 6C7-3.14, Amended 4-23-03, Repealed 11-5-07. 6C7-3.017 Promotion of Faculty. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3), 1012.94 FS. History–New 10-8-75, Amended 11-10-77, 9-27-79, 11-14-83, 8-4-85, 12-9-85, Formerly 6C7-3.17, Amended 8-14-88, 8-2-89, 5-17-90, 2-8-93, 12-9-97, 3-16-03, Repealed 11-5-07. 6C7-3.018 Outside Activity or Employment. Rulemaking Authority 1001.74(4) FS. Law Implemented 112.313, 1001.74(19) FS. History–New 10-8-75, Amended 11-22-77, 4-30-81, 8-15-84, 11-4-90, Formerly 6C7-3.18, Amended 4-23-03, Repealed 11-5-07. 6C7-3.019 Disruptive Conduct. Rulemaking Authority 1001.74(4), 1012.92 FS. Law Implemented 1001.74(19), 1001.75(3), 1012.92 FS. History–New 10-8-75, Amended 11-22-77, 5-22-80, Formerly 6C7-3.19, Amended 3-16-03, Repealed 11-5-07. 6C7-3.0191 Disciplinary Action - University Support Personnel System. Rulemaking Authority 1001.74(4), 1012.92 FS. Law Implemented 447.209, 1001.74(19), 1001.75(3), 1012.92 FS. History–New 1-10-82, Amended 10-26-82, 12-29-88, Formerly 6C7-3.191, Amended 3-2-94, 4-23-03, 7-26-04, Repealed 11-5-07. 6C7-3.026 USPS Sick Leave Pool. Rulemaking Authority 110.121, 1001.74(4) FS. Law Implemented 110.121, 1001.74(19), 1001.75(3) FS. History–New 12-12-83, Formerly 6C7-3.26, Amended 11-8-87, 1-6-93, 3-16-03, Repealed 11-5-07. 6C7-3.0261 Faculty and A&P Sick Leave Pool. Rulemaking Authority 110.121, 1001.74(4) FS. Law Implemented 110.121, 1001.74(19), 1001.75(3) FS. History–New 12-12-83, Formerly 6C7-3.261, Amended 1-6-93, 3-16-03, Repealed 11-5-07. 6C7-3.0262 Meritorious Service Awards Program. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 8-30-87, Amended 5-11-89, 10-6-91, 4-23-03, Repealed 11-5-07. 6C7-3.030 Confidential Information Policy for Faculty. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3), 1012.91 FS. History–New 10-14-92, Amended 3-16-03, Repealed 11-5-07. 6C7-3.032 Faculty Annual Assignments (Repealed) Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3), 1012.94 FS. History‒New 3-16-03, Repealed 11-5-07. 6C7-3.033 University Support Personnel System Predetermination and Arbitration Appeal Procedures for Employees with Regular Status. Rulemaking Authority 1001.74(4), 1012.92(1), (3) FS. Law Implemented 1001.74(19), 1012.92 FS. History–New 9-13-04, Repealed 11-5-07.

Chapter 6C7-4 ADMINISTRATIVE AND FINANCIAL AFFAIRS

Fla. Admin. Code R. 6C7-4 ADMINISTRATIVE AND FINANCIAL AFFAIRS

CHAPTER 6C7-4 ADMINISTRATIVE AND FINANCIAL AFFAIRS 6C7-4.007 Property Control (Repealed) 6C7-4.008 Razing of Building (Repealed) 6C7-4.010 Solicitation on Campus (Repealed) 6C7-4.013 Budgets of University of Central Florida (Repealed) 6C7-4.014 Investments (Repealed) 6C7-4.019 Fee Policy ‒ Payments (Repealed) 6C7-4.022 Deferred Payment Status (Repealed) 6C7-4.029 Use of University Buildings and Grounds (Repealed) 6C7-4.0291 Charges and Applications for the Use of UCF Buildings and Grounds (Repealed) 6C7-4.0292 Potentially Hazardous Events (Repealed) 6C7-4.0293 Free Assembly Areas (Repealed) 6C7-4.030 Boating on University Lakes (Repealed) 6C7-4.031 Assignment and Use of University Vehicles (Repealed) 6C7-4.033 Delinquent Accounts Receivable (Repealed) 6C7-4.034 University Direct Support Organizations (Repealed) 6C7-4.007 Property Control. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 10-8-75, Amended 3-22-76, Formerly 6C7-4.07, Amended 3-16-03, Repealed 6-8-09. 6C7-4.008 Razing of Building. Rulemaking Authority 120.54, 1001.74(4), (6) FS. Law Implemented 120.54, 1001.74(6) FS. History–New 10-8-75, Formerly 6C7-4.08, Amended 4-27-03, Repealed 6-8-09. 6C7-4.010 Solicitation on Campus. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 10-8-75, Amended 10-30-78, Formerly 6C7-4.10, Amended 4-27-03, Repealed 6-8-09. 6C7-4.013 Budgets of University of Central Florida. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(12) FS. History–New 10-8-75, Formerly 6C7-4.13, Amended 3-16-03, Repealed 6-8-09. 6C7-4.014 Investments. Rulemaking Authority 1001.74(4) FS. Law Implemented 1011.42(5) FS. History–New 10-8-75, Amended 7-14-80, Formerly 6C7-4.14, Amended 3-16-03, Repealed 6-8-09. 6C7-4.019 Fee Policy – Payments. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24 FS. History–New 10-8-75, Amended 8-4-82, Formerly 6C7-4.19, Amended 4-27-03, Repealed 6-8-09. 6C7-4.022 Deferred Payment Status. Rulemaking Authority 1001.74(4) FS. Law Implemented 1007.74(11) FS. History–New 10-8-75, Amended 1-7-82, Formerly 6C7-4.22, Amended 10-14-03, Repealed 6-8-09. 6C7-4.029 Use of University Buildings and Grounds. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 10-8-75, Amended 10-20-81, 5-5-83, Formerly 6C7-4.29, Amended 10-19-86, 4-27-03, Repealed 6-8-09. 6C7-4.0291 Charges and Applications for the Use of UCF Buildings and Grounds. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 10-20-81, Formerly 6C7-4.291, Amended 4-27-03, Repealed 6-8-09. 6C7-4.0292 Potentially Hazardous Events. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 5-28-85, Formerly 6C7-4.292, Amended 12-22-86, 7-27-92, 4-27-03, Repealed 6-8-09. 6C7-4.0293 Free Assembly Areas. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 10-19-86, Amended 3-16-03, Repealed 6-8-09. 6C7-4.030 Boating on University Lakes. Rulemaking Authority 120.53(1), 240.227(1) FS., 6C-5.016, F.A.C. Law Implemented 240.227 FS. History–New 10-8-75, Formerly 6C7-4.30, Repealed 6-8-09. 6C7-4.031 Assignment and Use of University Vehicles. Rulemaking Authority 1001.74(4) FS. Law Implemented 316.1967, 1001.74(6) FS. History–New 10-8-75, Formerly 6C7-4.31, Amended 1-20-87, 3-16-03, Repealed 6-8-09. 6C7-4.033 Delinquent Accounts Receivable. Rulemaking Authority 1001.74(4) FS. Law Implemented 1010.03 FS. History–New 7-14-80, Formerly 6C7-4.33, Amended 4-27-03, Repealed 6-8-09. 6C7-4.034 University Direct Support Organizations. Rulemaking Authority 1001.74(4), 1004.28(2)(b) FS. Law Implemented 1001.74(37), 1004.28 FS. History–New 4-3-03, Repealed 6-8-09.

Chapter 6C7-5 STUDENTS

Fla. Admin. Code R. 6C7-5 STUDENTS

CHAPTER 6C7-5 STUDENTS 6C7-5.0021 Student Government and Organizations (Repealed) 6C7-5.003 Student Rights and Responsibilities (Repealed) 6C7-5.0041 Student Discipline (Repealed) 6C7-5.0042 Student Academic Behavior (Repealed) 6C7-5.00431 Student Academic Appeals (Repealed) 6C7-5.0044 Sexual Misconduct (Repealed) 6C7-5.0021 Student Government and Organizations. Specific Authority 1001.74(4) FS. Law Implemented 1006.20(2), 1009.24 FS. History–New 11-8-79, Amended 12-4-83, Formerly 6C7-5.021, Amended 4-23-03, Repealed 11-5-07. 6C7-5.003 Student Rights and Responsibilities. Specific Authority 1001.74(4) FS. Law Implemented 1001.74(10)(e) FS. History–New 10-8-75, Amended 11-8-79, 6C7-5.03(2)(c)1., Amended and Transferred to 6C7-5.042, Amended 8-15-84, 9-8-85, Formerly 6C7-5.03, Amended 4-23-03, Repealed 11-5-07. 6C7-5.0041 Student Discipline. Specific Authority 1001.74(4) FS. Law Implemented 1001.74(10)(e) FS. History–New 11-8-79, Amended 9-8-85, Formerly 6C7-5.041, Amended 5-15-86, 10-11-92, 10-8-00, 4-23-03, Repealed 11-5-07. 6C7-5.0042 Student Academic Behavior. Specific Authority 1001.74(4) FS. Law Implemented 1001.74(10)(e) FS. History–New 8-15-84, Formerly 6C7-5.003(2)(c)1., 6C7-5.042, Amended 5-15-86, 5-20-90, 9-15-96, 4-23-03, Repealed 11-5-07. 6C7-5.00431 Student Academic Appeals. Specific Authority 1001.74(4), (10)(e) FS. Law Implemented 1006.60(4) FS. History–New 4-23-03, Repealed 11-5-07. 6C7-5.0044 Sexual Misconduct. Specific Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.261, 240.132, 240.133 FS. History–New 12-24-91, Repealed 11-5-07.

Chapter 6C7-6 MISCELLANEOUS PROVISIONS

Fla. Admin. Code R. 6C7-6 MISCELLANEOUS PROVISIONS

CHAPTER 6C7-6 MISCELLANEOUS PROVISIONS 6C7-6.007 Traffic/Parking Rule (Repealed) 6C7-6.0072 Transportation Access Fee (Repealed) 6C7-6.007 Traffic/Parking Rule. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1006.66, 1009.24(12)(p) FS. History–New 3-22-76, Amended 8-19-82, 5-5-83, 8-14-83, Formerly 6C7-6.07, Amended 8-1-88, 9-20-89, 8-12-90, 7-21-91, 10-11-92, 9-8-93, 9-15-96, 8-14-02, 12-8-03, 8-14-05, Repealed 6-9-09. 6C7-6.0072 Transportation Access Fee. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1006.66, 1009.24(12)(p) FS. History–New 8-14-02, Amended 8-14-05, Repealed 6-9-09.

Chapter 6C7-7 PURCHASING DIVISION

Fla. Admin. Code R. 6C7-7 PURCHASING DIVISION

CHAPTER 6C7-7 PURCHASING DIVISION 6C7-7.101 Statement of Intent and Application ‒ Part I (Repealed) 6C7-7.102 Definitions (Repealed) 6C7-7.113 Responsibility of Bidders and Offerors (Repealed) 6C7-7.124 Authority to Suspend or Debar Vendors (Repealed) 6C7-7.126 Assistance to Small and Disadvantaged Businesses (Repealed) 6C7-7.130 Administration and Finance; Purchasing (Repealed) 6C7-7.201 Purpose and Application ‒ Part II (Repealed) 6C7-7.202 Purchase and Sale of Real Property (Repealed) 6C7-7.203 Real Property Leasing (Repealed) 6C7-7.204 Definitions (Repealed) 6C7-7.205 Approval of Real Property Leases (Repealed) 6C7-7.206 Standard Lease Agreement Form (Repealed) 6C7-7.207 Code Compliance in Lease Space (Repealed) 6C7-7.208 Leases of 5,000 Square Feet or More (Repealed) 6C7-7.209 Solicitation for Lease Space (Repealed) 6C7-7.210 Lease Specifications (Repealed) 6C7-7.211 Proposals to Lease (Repealed) 6C7-7.212 Evaluation of Lease Proposals (Repealed) 6C7-7.214 Disclosure Statements ‒ Private Entities, Public Officials (Repealed) 6C7-7.216 Certification of Compliance ‒ Leases (Repealed) 6C7-7.217 Space Measurement (Repealed) 6C7-7.218 Space Allocation (Repealed) 6C7-7.219 Rental Rates (Repealed) 6C7-7.220 Exception to Competitive Bidding for Leased Space (Repealed) 6C7-7.302 Surplus Property (Repealed) 6C7-7.101 Statement of Intent and Application ‒ Part I. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 1001.71(4), (5), 1001.75(5), 1004.28, 1010.04 FS. History–New 5-13-82, Formerly 6C7-4.05(1), (2), Amended 3-16-03, Repealed 9-10-09. 6C7-7.102 Definitions. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 288.703(2), 1001.74(5), (29), 1001.75(5), 1010.04 FS. History–New 5-13-82, Formerly 6C7-4.05(3), Amended 8-30-87, 12-29-91, 3-16-03, Repealed 9-10-09. 6C7-7.113 Responsibility of Bidders and Offerors. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1), (14), 240.225 FS. History–New 5-13-82, Formerly 6C7-4.05(12), Repealed 9-10-09. 6C7-7.124 Authority to Suspend or Debar Vendors. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 5-13-82, Formerly 6C7-4.05(22), Amended 12-29-91, 3-16-03, Repealed 9-10-09. 6C7-7.126 Assistance to Small and Disadvantaged Businesses. Rulemaking Authority 1001.74(4), 1010.04 FS. Law Implemented 1001.74(5), (29), 1001.75(5), 1010.04 FS. History–New 5-13-82, Amended 3-16-03, Repealed 9-10-09. 6C7-7.130 Administration and Finance; Purchasing. Rulemaking Authority 1001.74(4) FS. Law Implemented 112.313, 120.57(3), 283.33, 672.719, 1001.74(5), (29) FS. History–New 4-23-03, Repealed 9-10-09. 6C7-7.201 Purpose and Application ‒ Part II. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 8-4-82, Amended 3-16-03, Repealed 9-10-09. 6C7-7.202 Purchase and Sale of Real Property. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5) FS. History–Formerly 6C7-4.03, Renumbered 8-4-82, Amended 3-16-03, Repealed 9-10-09. 6C7-7.203 Real Property Leasing. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5), 1010.04(1), 1013.171 FS. History–Formerly 6C7-4.052(1), (11)(b), F.A.C., Renumbered and Amended 8-4-82, 3-16-03, Repealed 9-10-09. 6C7-7.204 Definitions. Rulemaking Authority 1001.74(4), 1013.171 FS. Law Implemented 1001.74(5), 1001.75(5), 1013.171 FS. History–Formerly 6C7-4.052(2), F.A.C., Renumbered 8-4-82, Amended 3-16-03, Repealed 9-10-09. 6C7-7.205 Approval of Real Property Leases. Rulemaking Authority 1001.74(4), 1013.171 FS. Law Implemented 1001.74(5), 1001.75(5), 1013.171 FS. History–Formerly 6C7-4.052(3), F.A.C., Renumbered, Retitled and Amended 8-4-82, Amended 6-22-83, 3-16-03, Repealed 9-10-09. 6C7-7.206 Standard Lease Agreement Form. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5), 1013.171 FS. History–Formerly 6C7-4.052(4), (5), (6), (7), F.A.C., Renumbered 8-4-82, Amended 3-16-03, Repealed 9-10-09. 6C7-7.207 Code Compliance in Lease Space. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5), 1013.171 FS. History–Formerly 6C7-4.052(8), F.A.C., Renumbered 8-4-82, Amended 3-16-03, Repealed 9-10-09. 6C7-7.208 Leases of 5,000 Square Feet or More. Rulemaking Authority 1001.74(4), 1013.171 FS. Law Implemented 255.25(3)(a), 1001.74(5), 1013.17, 1013.171 FS. History–Formerly 6C7-4.052(9)(a), (b), F.A.C., Renumbered 8-4-82, Amended 12-29-91, 3-16-03, Repealed 9-10-09. 6C7-7.209 Solicitation for Lease Space. Rulemaking Authority 1001.74(4), 1013.171 FS. Law Implemented 1001.74(4), 1001.74(5), 1013.171 FS. History–Formerly 6C7-4.052(9)(c), F.A.C., Renumbered and Retitled 8-4-82, Amended 3-16-03, Repealed 9-10-09. 6C7-7.210 Lease Specifications. Rulemaking Authority 1001.74(4) FS. Law Implemented 255.254, 1001.74(5), 1001.75(5), 1013.171 FS. History–Formerly 6C7-4.052(9)(d), Renumbered and Amended 8-4-82, 3-16-03, Repealed 9-10-09. 6C7-7.211 Proposals to Lease. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), 255.25(2)(c) FS., 13D-19.001(5), F.A.C. Law Implemented 120.53(1)(a), 240.225, 240.227(14), (16), 255.249(2)(b) FS. History–Formerly 6C7-4.052(9)(e), F.A.C., Renumbered and Retitled 8-4-82, Repealed 9-10-09. 6C7-7.212 Evaluation of Lease Proposals. Rulemaking Authority 1001.74(4), 1013.171 FS. Law Implemented 1001.74(5), 1001.75(5), 1013.171 FS. History–Formerly 6C7-4.052(9)(f), F.A.C., Renumbered and Amended 8-4-82, 3-16-03, Repealed 9-10-09. 6C7-7.214 Disclosure Statements ‒ Private Entities, Public Officials. Rulemaking Authority 1001.74(4), 1013.171 FS. Law Implemented 1001.74(5), 1013.171 FS. History–Formerly 6C7-4.052(10), Renumbered 8-4-82, Amended 7-27-83, 3-16-03, Repealed 9-10-09. 6C7-7.216 Certification of Compliance ‒ Leases. Rulemaking Authority 1001.74(4), 1013.171 FS. Law Implemented 1001.74(5), 1001.75(5), 1013.171 FS. History–Formerly 6C7-4.052(12), Renumbered and Retitled 8-4-82, Amended 3-16-03, Repealed 9-10-09. 6C7-7.217 Space Measurement. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1013.171 FS. History–Formerly 6C7-4.052(13), Renumbered and Amended 8-4-82, 3-16-03, Repealed 9-10-09. 6C7-7.218 Space Allocation. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), 255.25(2)(c) FS., 13D-19.001(5), F.A.C. Law Implemented 120.53(1)(a), 240.225, 240.227(14), (16), 255.249 (2)(d) FS. History–Formerly 6C7-4.052(14), F.A.C., Renumbered and Amended 8-4-82, Repealed 9-10-09. 6C7-7.219 Rental Rates. Rulemaking Authority 1001.74(4), 1013.171 FS. Law Implemented 1001.74(5), 1013.171 FS. History–Formerly 6C7-4.052(15), F.A.C., Renumbered and Amended 8-4-82, 3-16-03, Repealed 9-10-09. 6C7-7.220 Exception to Competitive Bidding for Leased Space. Rulemaking Authority 1001.74(4), 1013.171 FS. Law Implemented 255.25(11), 1001.74(5), 1013.171 FS. History–Formerly 6C7-4.052(16), F.A.C., Renumbered and Retitled 8-4-82, Amended 3-16-03, Repealed 9-10-09. 6C7-7.302 Surplus Property. Rulemaking Authority 1001.74(4) FS. Law Implemented 273.04, 273.05, 273.055, 1001.74(5), (6), 1001.75(5) FS. History–Formerly 6C7-4.04, Renumbered and Amended 6-22-83, Amended 1-31-85, 8-7-86, 12-29-91, 3-16-03, Repealed 9-10-09.

Chapter 6C7-8 FLORIDA SOLAR ENERGY CENTER PROGRAM

Fla. Admin. Code R. 6C7-8 FLORIDA SOLAR ENERGY CENTER PROGRAM

CHAPTER 6C7-8 FLORIDA SOLAR ENERGY CENTER PROGRAM 6C7-8.001 Florida Solar Energy Center Operations (Repealed) 6C7-8.002 Solar Collector Testing, Standards (Repealed) 6C7-8.003 Solar Collector Certification (Repealed) 6C7-8.004 Testing Fees, Testing, Inspection, Services (Repealed) 6C7-8.005 Solar Domestic Water Heating and Solar Pool Heating System Standards and Certification (Repealed) 6C7-8.006 Florida Solar Energy Center Operations 6C7-8.007 Solar Thermal and PV Equipment Testing Standards 6C7-8.008 Solar Thermal Collector and PV Module Certification (Repealed) 6C7-8.009 Fees for Solar Testing, Certification, Inspection, and Other Related Services 6C7-8.010 Photovoltaic System Standards and Certification 6C7-8.001 Florida Solar Energy Center Operations. Rulemaking Authority 240.209(4), 120.53(1)(a), 240.227(1), 377.705(4)(a), (b) FS. Law Implemented 377.705(4)(d), 240.209(3)(m), (4), (5)(c), 240.277(1), 240.279, 240.281, 20.05(1)(b) FS. History–Formerly 6C-12.01, Revised and Renumbered 1-3-85, Formerly 6C7-8.01, Repealed 10-14-09. 6C7-8.002 Solar Collector Testing, Standards. Rulemaking Authority 240.209(4), 120.53(1)(a), 240.227(1), 377.705(4)(a), (b) FS. Law Implemented 377.705(4)(a), (b), 240.277(1), 240.279, 240.281, 240.209(3)(m), (4), (5)(c) FS. History–Formerly 6C-12.02, Renumbered and Amended 1-3-85, Formerly 6C7-8.02, Repealed 10-14-09. 6C7-8.003 Solar Collector Certification. Rulemaking Authority 120.53(1)(a), 240.227(1), 377.705(4)(d), 240.209(4) FS. Law Implemented 377.705(4)(d), 240.277(1), 240.279, 240.281, 240.209(3)(m), (4), (5)(c) FS. History–Formerly 6C-12.03, Renumbered 1-3-85, Formerly 6C7-8.03, Repealed 10-14-09. 6C7-8.004 Testing Fees, Testing, Inspection, Services. Rulemaking Authority 240.209(4), 120.53(1)(a), 240.227(1), 377.705(4)(c) FS. Law Implemented 377.705(4)(c), 240.227(23), 240.277(1), 240.279, 240.281, 240.209(3)(m), (4), (5)(c) FS. History–Formerly 6C-12.04, Renumbered and Amended 1-3-85, Formerly 6C7-8.04, Repealed 10-14-09. 6C7-8.005 Solar Domestic Water Heating and Solar Pool Heating System Standards and Certification. Rulemaking Authority 240.209(4), 120.53(1)(a), 240.227(1), 377.705(4)(d) FS. Law Implemented 377.705(4)(d), 240.209(3)(m), (4), (5)(c), 240.277(1), 240.279, 240.281 FS. History–Formerly 6C-12.05, Renumbered 1-3-85, Formerly 6C7-8.05, Repealed 10-14-09. 6C7-8.006 Florida Solar Energy Center Operations. (1) The Florida Solar Energy Center, (herein called the “Center”) shall be administered by the University of Central Florida for and on behalf of the Florida Board of Governors. The Center is located at 1679 Clearlake Road, Cocoa, Florida 32922-5703. The development of standards and testing criteria for solar energy systems, testing and evaluation of the performance of solar energy systems, as described in Section 377.705, F.S., shall be carried out by the Center. (2) The Center shall operate in accordance with applicable law and regulation. The purpose of the Center shall be to advance research and development in solar energy, to disseminate information on the results of such research, and to engage in projects designed to exemplify the capability of solar energy as a resource for meeting state energy needs. (3) Copies of all standards and fee schedules published by the Center may be obtained from the Center at its above mailing address or by making an electronic request. Rulemaking Authority 377.705, 1001.706(2)(b) FS. Law Implemented 377.705, 1001.706(2)(b) FS. History–New 5-5-10. 6C7-8.007 Solar Thermal and PV Equipment Testing Standards. (1) The Solar Equipment and Standards Program shall apply to solar thermal and PV equipment submitted for testing and evaluation by manufacturers, distributors, or retailers (herein called the “Seller”). Equipment that converts sunlight directly into useful thermal or heat energy shall be designated as thermal collectors. Equipment that converts sunlight directly into useful electrical energy shall be designated as photovoltaic (herein called “PV”) modules. The procedures and requirements for participating in the program shall be those described in FSEC Standard 101-15, “Operation of the Solar Thermal Collector Certification Program” (December 2015), and FSEC Standard 201-10, “Operation of the Photovoltaic Module Performance Certification Program” (January 2010), whichever is applicable. A copy of each of these standards is incorporated in this regulation by reference. (2) Solar thermal collector and solar thermal system certifications issued by the Solar Rating & Certification Corporation (SRCC) or the International Association of Plumbing and Mechanical Officials (IAPMO) shall be deemed to comply with the solar thermal collector and solar thermal system standards of the Florida Solar Energy Center. (3) The criteria for testing the performance of PV modules shall be those described in FSEC Standard 202-10. (4) Results of tests conducted by organizations other than the Center may be accepted by the Center when the testing organization meets the requirements and criteria of FSEC Standard 101-15, “Operation of the Solar Thermal Systems Certification Program” (December 2015), or FSEC Standard 201-10, “Operation of the Photovoltaic Equipment Certification Program,” incorporated herein by reference, whichever is applicable. The Center may refuse to accept test results from other testing organizations which do not meet these criteria. Rulemaking Authority 377.705, 1001.706(2)(b) FS. Law Implemented 377.705, 1001.706(2)(b) FS. History–New 5-5-10, Amended 6-9-16. 6C7-8.008 Solar Thermal Collector and PV Module Certification. Rulemaking Authority 377.705, 1001.74 FS. Law Implemented 377.705, 1001.74 FS. History–New 5-5-10, Repealed 2-4-16. 6C7-8.009 Fees for Solar Testing, Certification, Inspection, and Other Related Services. Fees sufficient to cover the costs of tests, certifications, inspections, and other services relating to solar equipment performed by the Center shall be collected by the Center prior to the performance of such tests, certifications, inspections, or other services. The Center shall maintain one or more fee schedules containing testing and certification fees; “FSEC Photovoltaic Testing, Certification and Registration Services Fee Schedule” (October 2017), herein incorporated by reference, may be updated as necessary to cover the costs of procedures. Rulemaking Authority 377.705, 1001.706(2)(b) FS. Law Implemented 377.705, 1001.706(2)(b) FS. History–New 5-17-10, Amended 1-8-18. 6C7-8.010 Photovoltaic System Standards and Certification. The PV System Certification Program applies to systems required by this regulation to be submitted to the Center by the Seller for evaluation and approval. Requirements for approval shall be those described in FSEC Standard 203-17, “Procedures for Photovoltaic System Design Review and Approval” (July 2017). A copy of this standard is incorporated in this regulation by reference. (1) The System Approval Certificate will include but is not limited to: (a) Identification of the primary and alternate major components of the system. (b) A diagram of the system. (2) The contents and format of the System Approval Certificate may be revised as deemed necessary by the Center. Rulemaking Authority 377.705, 1001.706(2)(b) FS. Law Implemented 377.705, 1001.706(2)(b) FS. History–New 5-5-10, Amended 2-4-16, 1-8-18.

Chapter 6C7-9 TUITION AND FEES

Fla. Admin. Code R. 6C7-9 TUITION AND FEES

CHAPTER 6C7-9 TUITION AND FEES 6C7-9.001 Fall 2003 Schedule of Tuition and Fees (Repealed) 6C7-9.001 Fall 2003 Schedule of Tuition and Fees. Rulemaking Authority 229.0081(2), (5) FS. Law Implemented 1009.01, 1009.21, 1009.24(3) FS. History–New 9-25-02, Amended 12-8-03, Repealed 9-10-09.

Division 6C1 University of Florida

Chapter 6C1-1 GENERAL

Fla. Admin. Code R. 6C-1.010 University of Florida; Disclosure of Specified Interests (Repealed)

6C1-1.0101 University of Florida; Policy for Dealing with Conduct in Research (Repealed)

6C1-1.0102 University of Florida; Policies on Information Technology (Repealed)

6C1-1.011 University of Florida; Disclosure and Regulation of Outside Activities and Financial Interests (Repealed)

6C1-1.012 University of Florida; Tuition-Free Courses (Repealed)

6C1-1.013 University of Florida; Annual Salary equity Study (Repealed)

6C1-1.014 University of Florida; Exit Interview of University Employees (Repealed)

6C1-1.015 University of Florida; Community Campaign (Repealed)

6C1-1.016 University of Florida; Admissions (Repealed)

6C1-1.017 University of Florida; Separations from Employment and Layoff (Repealed)

6C1-1.018 University of Florida; Works and Inventions (Repealed)

6C1-1.019 University of Florida; Limited Access Records

6C1-1.100 University of Florida; General Personnel Policy (Repealed)

6C1-1.101 University of Florida; Compensation (Repealed)

6C1-1.051 University of Florida; Records Management and University Archives (Repealed)

6C1-1.200 University of Florida; Benefits, Retirement Programs, Employment Services, and Holidays (Repealed)

6C1-1.201 University of Florida; Leaves (Repealed)

6C1-1.300 University of Florida; Direct Support Organizations

6C1-1.002 University of Florida; Petition to Initiate Rulemaking Proceeding.

6C1-1.003 University of Florida; Declaratory Statements by University.

6C1-1.004 University of Florida; Hearings, Presentation of Arguments, Presentation of Evidence, Indexing, Management and Availability of Final Orders.

6C1-1.005 University of Florida; Clerk of the University; Service of Papers.

6C1-1.006 University of Florida; Non-Discrimination Policy.

6C1-1.0061 University of Florida; Affirmative Action Plan for Equal Employment Opportunity, and Administrative Organization for the Affirmative Action Program.

6C1-1.0063 University of Florida; Affirmative Action; Complaints and Appeal Procedures for Academic Personnel (AP), Technical, Executive, Administrative and Managerial Support (TEAMS) Staff Members, and University Support Personnel System (USPS) Employees.

6C1-1.007 University of Florida; Code of Penalties.

6C1-1.008 University of Florida; Disruptive Behavior.

6C1-1.009 University of Florida; Employment of Relatives.

6C1-1.010 University of Florida; Disclosure of Specified Interests.

6C1-1.0101 University of Florida; Policy for Dealing with Conduct in Research.

6C1-1.0102 University of Florida; Policies on Information Technology.

6C1-1.011 University of Florida; Disclosure and Regulation of Outside Activities and Financial Interests.

6C1-1.012 University of Florida; Tuition-Free Courses.

6C1-1.013 University of Florida; Annual Salary Equity Study.

6C1-1.014 University of Florida; Exit Interview of University Employees.

6C1-1.015 University of Florida; Community Campaign.

6C1-1.016 University of Florida; Admissions.

6C1-1.017 University of Florida; Separations from Employment and Layoff.

6C1-1.018 University of Florida; Works and Inventions.

6C1-1.019 University of Florida; Limited Access Records.

(1) “Limited Access Records” that the University maintains on its employees, which shall include Academic Personnel (AP), Technical, Executive, Administrative, and Managerial Support (TEAMS) staff members, University Support Personnel System (USPS) employees, and Other Personnel Services (OPS) employees, shall be confidential. The custodian of limited access records may release information from such records only under the conditions and to the persons as set forth in this rule, to the President or the President’s designee in the discharge of official responsibilities, or upon order of a court of competent jurisdiction.

(a) For records created on or before July 1, 1995, “limited access records” shall be defined as those records that reflect evaluations of employee performance. Such records shall be open to inspection by the employee evaluated and by University personnel responsible for supervision of the employee.

(b) For records created after July 1, 1995, “limited access records” shall be defined as:

1. Records that reflect “academic” evaluations of employee performance. “Academic” for the purposes of this rule means performance evaluation documents regarding employees designated as Academic Personnel (AP), employees in the General Faculty pay plan prior to the implementation of the AP classification, or other employees subject to the faculty or academic personnel evaluation process. Examples of such records are those resulting from academic evaluation processes such as tenure, promotion, annual evaluation, student evaluation of teaching (except records comprising the common core items contained in the State University System Assessment of Instruction instrument), TIP, compression/inversion, other faculty awards, and merit increases. Such records shall be open for inspection by the employee evaluated and by University personnel responsible for the supervision or evaluation of the employee.

2. Records maintained for the purposes of any investigation of employee misconduct. Such records shall be confidential until the investigation ceases to be active, the University concludes the investigation with a finding to proceed or not to proceed with disciplinary action, or the University issues a letter of discipline. The records shall be open to University personnel conducting the investigation, the administrator responsible for the appointment and assignment of the employee investigated, and their respective designees. To the extent necessary to meet the due process requirements of applicable University rules, policies, or collective bargaining agreements, certain records of the investigation may be open to the employee investigated at the time indicated in the applicable rules, policies, or agreements. A notice of proposed disciplinary action is confidential until a letter of discipline is issued or a decision is made not to proceed further with disciplinary action.

a. An investigation is presumed inactive if no finding is made within ninety (90) days, but the University may overcome that presumption through appropriate documentation in the records.

b. For sexual harassment investigations, portions of such records which identify the complainant, a witness, or information which could reasonably lead to the identification of the complainant or a witness, retain their confidential status even after the investigation is closed.

3. Records maintained for the purposes of any disciplinary proceeding brought against an employee or of any grievance proceeding for enforcement of a collective bargaining agreement. Such records shall be confidential until a final decision is made in the proceeding. The records shall be open to University personnel conducting the proceeding, the administrator responsible for the appointment and assignment of the employee, and other University personnel representing the University in the proceeding. The record of the proceeding itself, including any evidence presented during the proceeding, is open to inspection by the employee.

(2) Employment records and other employee information maintained by the University are subject to the provisions of this rule and may also be subject to other laws or regulations that limit public access to the records or parts thereof.

(3) The custodian of the central personnel files of University employees other than undergraduate student OPS employees is the Director of Division of Human Resources. The custodians of the personnel files of undergraduate student OPS employees as well as of records on employees held in other administrative and academic units are those administrative personnel designated by the respective vice presidents, deans, or directors. The custodians of such records are responsible for designating in a manner consistent with the provisions of this rule those University personnel who have access to limited access records and other employee materials not open to the public. Any University personnel who have access to such records and materials shall maintain their confidentiality.

6C1-1.100 University of Florida; General Personnel Policy.

6C1-1.101 University of Florida; Compensation.

6C1-1.051 University of Florida; Records Management and University Archives.

6C1-1.200 University of Florida; Benefits, Retirement Programs, Employment Services, and Holidays.

6C1-1.201 University of Florida; Leaves.

6C1-1.300 University of Florida; Direct Support Organizations.

(1) The President of the University may recommend to the Board of Trustees that an organization meeting the requirements of Section 1004.28(1)(a), F.S., be designated a University of Florida Direct Support Organization (“DSO”). Upon approval by the Board of Trustees, a DSO shall be considered to be certified and authorized to use the property, facilities and personal services of the University.

(2) In order to be considered for certification as a DSO, an organization must fulfill the requirements of Section 1004.28(1)(a), F.S., and must have Articles of Incorporation and Bylaws that together:

(a) Provide that any person employed by the organization shall not be considered to be an employee of the University of Florida Board of Trustees by virtue of employment by the DSO.

(b) Provide that the chief executive officer or director of the DSO shall be selected and appointed by the governing board of the DSO, with prior approval of the President of the University, and that the chief executive officer or director shall report to the President or a designee reporting directly to the President.

(c) Provide that any amendments to the Articles of Incorporation or Bylaws be subject to the approval of the University Board of Trustees.

(d) Provide that the President of the University shall have the following powers and duties:

1. Monitor and control the use of University resources by the organization.

2. Control the use of the University name by the DSO.

3. Monitor compliance of the organization with federal and state laws.

4. Approve contributions of funds or supplements to support intercollegiate athletics.

(e) Provide that the organization shall provide equal employment opportunities to all persons regardless of race, color, religion, gender, age or national origin.

(f) Prohibit the giving, directly or indirectly, of any gift to a political committee or committee of continuous existence as defined in Section 106.011, F.S., for any purpose other than those certified by a majority roll call vote of the organization’s governing board at a regularly scheduled meeting as being directly related to the educational mission of the University.

(3) The Chair of the University of Florida Board of Trustees may appoint a representative to the governing body and the executive committee of each DSO. In addition, the President of the University or a designee shall also serve on the governing body and executive committee of each DSO.

(4) Each DSO shall submit an annual budget which has been approved by its governing board to the President of the University or the President’s designee for review. Such proposed budget shall be submitted no later than sixty (60) days after the first day of the fiscal year to which the proposed budget pertains. The President or designee shall report results of review to the Board of Trustees.

(5) Significant changes in projects funded, expenditures, or income projected in the annual budget must be reported to the President. Planned actions which would cause a commitment of University resources or which represent a significant commitment of the resources of the DSO should be reported by the first date of the fiscal quarter in which they are to occur.

(6) Each DSO shall cause a financial audit of its accounts and records to be conducted by an independent certified public accountant after the close of each fiscal year. The audit report shall be submitted by the President of the University to the Board of Trustees no later than the end of the sixth month following the close of the organization’s fiscal year.

(a) Audits shall be conducted pursuant to Section 1004.28(5), F.S., and in accordance with rules adopted by the Auditor General pursuant to Section 11.45(8), F.S., and University of Florida rules.

(b) The President of the University shall submit the annual audit report to the Auditor General and to the Florida Board of Governors no later than nine (9) months after the close of the organization’s fiscal year.

(7) The President of the University may recommend to the Board of Trustees that an organization be decertified as a DSO if the President determines that the organization is no longer serving the best interest of the University. The recommendation for decertification shall include a plan for disposition of the organization’s assets and liabilities.

History

• Rulemaking Authority 240.227(1) FS. Law Implemented 120.53, 120.54 FS. History–New 9-29-75, Amended 2-23-82, Formerly 6C1-1.02, Repealed 6-28-98.
• Rulemaking Authority 240.227(1) FS. Law Implemented 120.53, 120.565 FS. History–New 9-29-75, Amended 2-23-82, Formerly 6C1-1.03, Repealed 6-28-98.
• Rulemaking Authority 240.227(1) FS. Law Implemented 120.53, 120.54 FS. History–New 9-29-75, Formerly 6C1-1.04, Amended 4-30-95, Repealed 6-28-98.
• Rulemaking Authority 240.227(1) FS. Law Implemented 120.52(9), 120.53, 120.54, 120.565, 120.57 FS. History–New 3-26-80, Amended 2-23-82, 9-15-83, Formerly 6C1-1.05, Repealed 6-28-98.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (19) FS. History–New 2-23-82, Amended 3-6-85, Formerly 6C1-1.06, Amended 3-6-85, 11-13-90, 4-30-95, 11-25-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 240.227(1) FS. Law Implemented 110.112, 240.227(5) FS. History–New 2-23-82, Formerly 6C1-1.061, Amended 3-2-87, 4-30-95, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 2-23-82, Amended 3-6-85, Formerly 6C1-1.063, Amended 3-2-87, 11-13-90, 1-7-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 1001.74(4), 1006.60, 1006.61, 1012.92 FS. Law Implemented 1001.74(10), (19), 1001.75(3), 1006.60, 1006.61, 1006.62, 1012.92 FS. History–New 4-25-80, Formerly 6C1-7.46, Amended 3-25-85, Formerly 6C1-1.07, Amended 3-2-87, 3-12-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 1001.74(4), 1012.92 FS. Law Implemented 1001.74(19), 1012.92 FS. History–New 3-26-80, Formerly 6C1-7.45, Amended 3-25-85, Formerly 6C1-1.08, Amended 7-27-98, 6-24-99, 2-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 3-26-80, Formerly 6C1-7.40, Amended 3-6-85, Formerly 6C1-1.09, Amended 5-22-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 240.227(1), (5), (6) FS. Law Implemented 112.313, 240.227(5), (6) FS. History–New 4-25-80, Formerly 6C1-7.39, Amended 3-6-85, Formerly 6C1-1.10, Amended 5-21-89, Repealed 7-11-94.
• Rulemaking Authority 240.227(1), 240.241(2), 240.261(1), (2) FS. Law Implemented 240.227(5), (19), 240.241(2), (4) FS. History–New 5-23-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6), (19), (40) FS. History–New 5-30-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 112.313, 112.3185, 1001.74(6), (19), 1001.75(3) FS. History–New 5-28-80, Formerly 6C1-7.391, Amended 3-6-85, Formerly 6C1-1.11, Amended 3-2-87, 5-21-89, 7-11-94, 4-30-95, 12-12-95, 6-28-98, 6-21-00, 5-22-01, 1-7-03, 7-5-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1009.26(2), (3), 1009.265 FS. History–New 3-26-80, Formerly 6C1-7.35, Amended 3-6-85, Formerly 6C1-1.12, Amended 3-2-87, 5-19-93, 10-7-99, 5-22-01, 6-27-02, 1-19-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 120.53(1)(a), 240.227(1), (5), 240.247 FS. Law Implemented 120.53(1)(a), 120.227(5), 240.247 FS. History–New 3-26-80, Formerly 6C1-7.60, Amended 3-6-85, Formerly 6C1-1.13, Repealed 6-28-98.
• Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(5) FS. History–New 3-6-85, Formerly 6C1-1.14, Amended 3-2-87, 5-19-93, 4-30-95, Repealed 6-28-98.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 110.181(5), 1001.74(6), (10), (19) FS. History–New 5-19-93, Amended 11-6-96, 1-11-98, 7-20-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(8), 240.233(4) FS. History–New 5-23-96, Amended 6-21-00, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 7-1-96, Amended 10-7-99, 3-2-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6), (19), (26), 1004.23 FS. History–New 5-28-80, Formerly 6C1-7.392, Amended 7-15-97, 6-15-99, Formerly 6C1-7.0392, Amended 2-5-03, Repealed by Section 19, Chapter 2011-177, Laws of Florida.
• Rulemaking Authority 1012.91(1) FS. Law Implemented 1012.91 FS. History–New 11-11-79, Formerly 6C1-3.18, Amended 3-6-85, Formerly 6C1-3.55, Amended 5-1-96, Formerly 6C1-3.055, Amended 1-7-03.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3), (19) FS. History–New 1-7-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 3-12-03, Amended 7-5-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 240.227(1) FS. Law Implemented 257.36 FS. History–New 3-2-87, Repealed 6-28-98.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 121.091, 1001.74(19) FS. History–New 7-15-97, Amended 6-28-98, 3-2-03, 12-31-03, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 6-28-98, Amended 1-12-00, 5-20-02, 3-12-03, 6-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.
• Rulemaking Authority 1001.74(4), 1004.28(2) FS. Law Implemented 1001.74(37), 1004.28 FS. History–New 1-7-03, Amended 6-3-03.

Chapter 6C1-2 PUBLIC FUNCTIONS

Fla. Admin. Code R. 6C1-2 PUBLIC FUNCTIONS

CHAPTER 6C1-2 PUBLIC FUNCTIONS 6C1-2.001 University of Florida; Possession and Use of Firearms (Repealed) 6C1-2.002 University of Florida; Campus Demonstrations (Repealed) 6C1-2.003 University of Florida; Distribution of Printed Material (Repealed) 6C1-2.0031 Finance and Administration; Identification Card Program (Repealed) 6C1-2.0039 Public Functions: Use of University Facilities for Meetings (Repealed) 6C1-2.004 Use of University Facilities; Definitions; Priorities in Use; General Restrictions on Use (Repealed) 6C1-2.005 Use of University Facilities; Outdoor Areas (Repealed) 6C1-2.006 Public Functions Policy; Control of Sound in Outdoor Areas (Repealed) 6C1-2.007 Public Functions Policy; Facilities Available for Scheduling of Public Events (Repealed) 6C1-2.008 Use of University Facilities; Instructional Space; Use of P.K. Yonge Developmental Research School Facilities and Grounds (Repealed) 6C1-2.009 University of Florida; Public Functions Policy; Scheduling Requests (Repealed) 6C1-2.010 University of Florida; Public Functions Policy; Priorities in Use of University Facilities for Public or Private Events (Repealed) 6C1-2.011 University of Florida; Public Functions Policy; Use of Facilities – Registration and Scheduling (Repealed) 6C1-2.012 University of Florida; Use of University Facilities and Services; Charges for Use and Admissions Charges (Repealed) 6C1-2.013 University of Florida; Public Functions Policy; Approval of Major Public Events (Repealed) 6C1-2.014 University of Florida; Public Functions Policy; Fees and Admission Charges (Repealed) 6C1-2.015 Public Functions Policy; Use of Facilities for Commercial Purposes (Repealed) 6C1-2.0151 University of Florida; Promotional Trade-Outs, Giveaways, In-Kind Exchanges (Repealed) 6C1-2.016 University of Florida; Public Functions Policy; Use of Campus Lands; Camping (Repealed) 6C1-2.0161 University of Florida; Banner Policy (Repealed) 6C1-2.0162 Finance and Administration; Skateboards, Rollerskates, In Line Skates or Similar Devices 6C1-2.0163 Finance and Administration; Chalking Policy (Repealed) 6C1-2.017 University of Florida; Use of University Facilities for Private Practice or Consulting (Repealed) 6C1-2.0171 University of Florida; Use of University Facilities by Academic Professional Organizations (Repealed) 6C1-2.018 University of Florida; Smoking Policy (Repealed) 6C1-2.019 University of Florida; Alcoholic Beverages (Repealed) 6C1-2.020 University of Florida; Food Service on Campus (Repealed) 6C1-2.021 University of Florida; Animals Not Allowed in Buildings (Repealed) 6C1-2.001 University of Florida; Possession and Use of Firearms. Rulemaking Authority 240.132(1), 240.227(1), 240.261(2) FS. Law Implemented 240.132, 240.227(5), (13) FS. History–New 9-29-75, Formerly 6C1-2.01, Amended 9-16-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.002 University of Florida; Campus Demonstrations. Rulemaking Authority 240.132(1), 240.227(1), 240.261 FS. Law Implemented 240.132, 240.133, 240.227(5), (13), 240.261, 877.13 FS. History–New 9-29-75, Amended 3-26-80, Formerly 6C1-2.02, Amended 7-27-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.003 University of Florida; Distribution of Printed Material. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6), (10), (19) FS. History–New 9-29-75, Amended 8-15-78, 8-6-81, 9-15-83, Formerly 6C1-2.03, Amended 5-19-93, 7-11-94, 5-1-96, 6-3-03, 5-30-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.0031 Finance and Administration; Identification Card Program. Rulemaking Authority 1001.74(4), 1006.60, 1012.92(1) FS. Law Implemented 1001.74(6), (10), (19), 1006.60, 1009.24(12)(b), 1012.92 FS. History–New 7-15-91, Amended 5-28-92, 5-19-93, 3-12-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.0039 Public Functions: Use of University Facilities for Meetings. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (13) FS. History–New 3-26-80, Formerly 6C1-2.039, Repealed 7-27-98. 6C1-2.004 Use of University Facilities; Definitions; Priorities in Use; General Restrictions on Use. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (12), (13), (19) FS. History–New 9-29-75, Amended 9-15-83, Formerly 6C1-2.04, Amended 7-27-98, 6-24-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.005 Use of University Facilities; Outdoor Areas. Rulemaking Authority 240.132(1), 240.227(1), 240.261(2) FS. Law Implemented 240.132, 240.227(5), (12), (13) FS. History–New 9-29-75, Formerly 6C1-2.05, Amended 7-27-98, 6-24-99, 7-8-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.006 Public Functions Policy; Control of Sound in Outdoor Areas. Rulemaking Authority 240.227(1), 240.132(1), 240.261(2) FS. Law Implemented 240.132, 240.227(1), (5), (13) FS. History–New 9-29-75, Formerly 6C1-2.06, Repealed 7-27-98. 6C1-2.007 Public Functions Policy; Facilities Available for Scheduling of Public Events. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), (13) FS. History–New 9-25-75, Amended 8-15-78, 8-26-81, Formerly 6C1-2.07, Repealed 6-28-98. 6C1-2.008 Use of University Facilities; Instructional Space; Use of P.K. Yonge Developmental Research School Facilities and Grounds. Rulemaking Authority 240.227(1) FS. Law Implemented 228.091, 240.132, 240.227(5), (12), (13) FS. History–New 9-29-75, Formerly 6C1-2.08, Amended 7-27-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida 6C1-2.009 University of Florida; Public Functions Policy. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 9-29-75, Amended 3-9-76, Formerly 6C1-2.09, Repealed 6-28-98. 6C1-2.010 University of Florida; Public Functions Policy; Priorities in Use of University Facilities for Public or Private Events. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), (13) FS. History–New 9-29-75, Formerly 6C1-2.10, Repealed 7-27-98. 6C1-2.011 University of Florida; Public Functions Policy; Use of University Facilities – Registration and Scheduling. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.227 (1) FS. History–New 9-29-75, Formerly 6C1-2.11, Repealed 6-28-98. 6C1-2.012 University of Florida; Use of University Facilities and Services; Charges for Use and Admissions Charges. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6), 1009.24(12)(m) FS. History–New 9-29-75, Formerly 6C1-2.12, Amended 6-28-98, 6-24-99, 7-8-01, 3-12-03, 7-7-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.013 University of Florida; Public Functions Policy; Approval of Major Public Events. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), (13) FS. History–New 9-29-75, Formerly 6C1-2.13, Amended 4-30-95, Repealed 6-28-98. 6C1-2.014 University of Florida; Public Functions Policy; Fees and Admission Charges. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), (13) FS. History–New 9-29-75, Formerly 6C1-2.14, Repealed 6-28-98. 6C1-2.015 Public Functions Policy; Use of Facilities for Commercial Purposes. Rulemaking Authority 240.227(1), 240.261(2) FS. Law Implemented 240.227(1), (13) FS. History–New 9-29-75, Formerly 6C1-2.15, Amended 5-14-86, Repealed 7-27-98. 6C1-2.0151 University of Florida; Promotional Trade-Outs, Giveaways, In-Kind Exchanges. Rulemaking Authority 240.227(1), 240.261(2) FS. Law Implemented 240.227(1), (5), (13) FS. History–New 5-28-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.016 University of Florida; Public Functions Policy; Use of Campus Lands; Camping. Rulemaking Authority 240.132(1), 240.227(1), 240.261(2) FS. Law Implemented 240.132, 240.227(13) FS. History–New 9-29-75, Amended 11-11-85, Formerly 6C1-2.16, Amended 9-16-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.0161 University of Florida; Banner Policy. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6), (10), (19) FS. History–New 4-27-88, Amended 5-28-92, 9-16-99, 7-8-01, 6-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.0162 Finance and Administration; Skateboards, Rollerskates, In Line Skates or Similar Devices. (1) No person shall use a skateboard, rollerskates, in line skates or similar devices on the University campus, except as specified in this rule. (2) University students, faculty and staff may use or operate skateboards, rollerskates, in line skates or similar devices only on University sidewalks and while crossing streets at crosswalks. Sidewalks shall be defined as that portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines or the walkway between buildings, intended for use by pedestrians. The use of skateboards, rollerskates, in line skates or similar devices is prohibited in all other areas of campus, including, but not limited to: (a) Fine Arts Complex; (b) Architecture Building; (c) Turlington Hall; (d) Ben Hill Griffin Stadium; (e) Stephen C. O’Connell Center; (f) Parking Garages; (g) Park and Ride Lots; and, (h) J. Wayne Reitz Union. (3) Skateboard, rollerskate, rollerblade, or similar device users shall not perform acrobatics while riding on a skateboard, rollerskate, in line skate or similar device. (4) No person shall ride at a speed greater than is reasonable and prudent, having due regard to traffic, pedestrians’ rights, surface of the sidewalk, the hazard at intersections, and any other condition then existing. (5) Any non-university person who violates this rule is subject to an order to leave the immediate premises of University campus by a person in charge of University property or a member of the University Police Department. Persons failing to comply with an order by a person in charge or a member of University Police Department to leave or to remain off the immediate premises of University campus are subject to arrest for criminal trespassing. (6) Any student who violates this rule is subject to a warning for the first offense and is subject to discipline under the Student Conduct Code for any additional offense(s). Rulemaking Authority 240.132(1), 240.227(1), 240.261(2), 240.264 FS. Law Implemented 240.132, 240.227(5), (13), 240.264 FS. History–New 5-28-92, Amended 6-24-99. 6C1-2.0163 Finance and Administration; Chalking Policy. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6), (10), (19) FS. History–New 6-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.017 University of Florida; Use of University Facilities for Private Practice or Consulting. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), (13), (19) FS. History–New 12-9-75, Formerly 6C1-2.17, Repealed 7-27-98. 6C1-2.0171 University of Florida; Use of University Facilities by Academic Professional Organizations. Rulemaking Authority 240.227(1), 240.241(2) FS. Law Implemented 240.227(1), (5), (13), 240.241 FS. History–New 11-13-90, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.018 University of Florida; Smoking Policy. Rulemaking Authority 229.0081(2) FS. Law Implemented 229.0081(2)(r), 386.205(2)(a) FS. History–New 8-19-79, Formerly 6C1-2.18, Amended 4-29-90, 11-13-90, 7-11-94, 5-20-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.019 University of Florida; Alcoholic Beverages. Rulemaking Authority 1001.74 FS. Law Implemented 1001.74(6), (10), (19) FS. History–New 5-14-85, Formerly 6C1-2.19, Amended 7-11-94, 3-12-03, 6-3-03, 5-30-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.020 University of Florida; Food Service on Campus. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12), (13) FS. History–New 2-9-87, Amended 7-27-98, 5-22-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-2.021 University of Florida; Animals Not Allowed in Buildings. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6), (10), (19) FS. History–New 3-26-80, Formerly 6C1-3.41, Amended 4-30-95, Formerly 6C1-3.041, Amended 6-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C1-3 FINANCE AND ADMINISTRATION

Fla. Admin. Code R. 6C1-3 FINANCE AND ADMINISTRATION

CHAPTER 6C1-3 FINANCE AND ADMINISTRATION 6C1-3.001 Administrative Affairs; Organization (Repealed) 6C1-3.002 Finance and Administration; University Financial Services (Repealed) 6C1-3.0021 Finance and Administration; Third-party Donors (Repealed) 6C1-3.0022 Finance and Administration; Check Cashing and Bill Paying; Returned Check Service Charge, and Convenience Fee (Repealed) 6C1-3.0023 Administrative Affairs; Interest on Student Loans (Repealed) 6C1-3.003 Finance and Administration; Campus Mail Service (Repealed) 6C1-3.0031 Finance and Administration; Volunteers (Repealed) 6C1-3.004 Administrative Affairs; Employment (Repealed) 6C1-3.005 Finance and Administration; University Police Department 6C1-3.0051 Finance and Administration; Lost or Abandoned Property (Repealed) 6C1-3.006 Finance and Administration; Traffic & Parking; Definitions 6C1-3.007 Finance and Administration; Traffic & Parking; Parking Registration 6C1-3.008 Finance and Administration; Traffic & Parking; Miscellaneous Provisions 6C1-3.009 Finance and Administration; Traffic & Parking; Bus System 6C1-3.010 Finance and Administration; Traffic & Parking; Control of Parking 6C1-3.011 Finance and Administration; Traffic & Parking; Control of Traffic 6C1-3.012 Administrative Affairs; Traffic & Parking; Control of Motorcycles, Mopeds, Motor Scooters and Bicycles (Repealed) 6C1-3.013 Finance and Administration; Traffic & Parking; Violations 6C1-3.0131 Finance and Administration; Traffic & Parking; Use of Devices to Impound Vehicles 6C1-3.014 Finance and Administration; Traffic & Parking; Fine Schedule 6C1-3.015 Finance and Administration; Traffic & Parking; Jurisdiction; Appeals 6C1-3.016 Administrative Affairs; Traffic & Parking; Suspension of Eligibility (Repealed) 6C1-3.017 Finance and Administration; Mailing Lists and Labels (Repealed) 6C1-3.018 Administrative Affairs; Personnel; Limited Access Records of University Employees (Transferred) 6C1-3.019 Administrative Affairs; Career Service Personnel; Disciplinary Procedures (Transferred) 6C1-3.020 Finance and Administration; Purchasing (Repealed) 6C1-3.021 Finance and Administration; Purchasing, Sponsored Research Exemptions Procedures (Repealed) 6C1-3.022 Finance and Administration; Payment to Vendors; Payment Processing Guidelines (Repealed) 6C1-3.024 Administrative Affairs; Minority Business Enterprise Procurement Activities (Repealed) 6C1-3.025 Finance and Administration; Lease of Space (Repealed) 6C1-3.030 Finance and Administration; Surplus University Property (Repealed) 6C1-3.034 Administrative Affairs; University Grievance Procedures for Administrative and Professional Staff Members; General Information, Resort to Other Procedures, Time Limits, Definitions and Procedure (Transferred) 6C1-3.035 Administrative Affairs; Fingerprinting (Repealed) 6C1-3.036 Administrative Affairs; Political Activity (Repealed) 6C1-3.037 Finance and Administration; Registration and Student Fees (Repealed) 6C1-3.0371 Finance and Administration; Fee Refunds (Repealed) 6C1-3.0372 Finance and Administration; Student Health, Athletic, and Activity and Service Fees (Repealed) 6C1-3.0373 Administrative Affairs; General Student Aid Fee (Repealed) 6C1-3.0374 Finance and Administration; Material and Supply Fees (Repealed) 6C1-3.0375 Finance and Administration; Tuition Cost (Repealed) 6C1-3.0376 Finance and Administration; Miscellaneous Fees (Repealed) 6C1-3.038 Administrative Affairs; Travel (Repealed) 6C1-3.039 Finance and Administration; Guest Admissions (Repealed) 6C1-3.040 Finance and Administration; Employee Recognition Program (Repealed) 6C1-3.042 Finance and Administration; Write-off of Uncollectible Accounts; Settlement of Delinquent Accounts (Repealed) 6C1-3.0421 Finance and Administration; Employee Debt Collection (Repealed) 6C1-3.0422 Finance and Administration; Direct Deposit Program (Repealed) 6C1-3.043 Administrative Affairs; Applicability of Personnel Rules (Repealed) 6C1-3.044 Administrative Affairs; Delegated Authority for Personnel Actions (Repealed) 6C1-3.045 Finance and Administration; University Support Personnel System (USPS) Predetermination and Arbitration Appeal Procedures for Employees with Permanent Status (Repealed) 6C1-3.046 Finance and Administration; Discipline, Suspension and Dismissal for Cause of Technical, Executive, Administrative, and Managerial Support (TEAMS) Staff (Repealed) 6C1-3.047 Finance and Administration; University Support Personnel System; Disciplinary Procedures (Repealed) 6C1-3.049 Finance and Administration; Technical, Executive, Administrative and Managerial Support Staff Appraisal (Repealed) 6C1-3.050 Finance and Administration; University Support Personnel System and Technical, Executive, Administrative, and Managerial Support Staff Performance Appraisals (Repealed) 6C1-3.051 Finance and Administration; University Grievance Procedures for Technical, Executive, Administrative, and Managerial Support Staff: General Information, Resort to Other Procedures, Time Limits, Procedures, and Arbitration Appeal (Repealed) 6C1-3.052 Administrative Affairs; Leave of Absence Without Pay for University Support Personnel System (USPS) Employees (Repealed) 6C1-3.054 Finance and Administration; Appointment; Technical, Executive, Administrative, and Managerial Support and University Support Personnel System Staff (Repealed) 6C1-3.056 Finance and Administration; Resignation and Non-Reappointment of Technical, Executive, Administrative, and Managerial Support Staff (Repealed) 6C1-3.057 Finance and Administration; Workers' Compensation, Unemployment Compensation and Drug Testing (Repealed) 6C1-3.058 Finance and Administration; University Complaint Procedure for University Support Personnel System Employees (Repealed) 6C1-3.059 Finance and Administration; Pay Upon Appointment and Probationary Status After Promotion; University Support Personnel System Employees (Repealed) 6C1-3.061 Finance and Administration; Personnel Policy for Technical, Executive, Administrative, and Managerial Support Staff; Recruitment and Selection (Repealed) 6C1-3.062 Finance and Administration; General Personnel Policy for Technical, Executive, Administrative, and Managerial Support and University Support Personnel System Employees (Repealed) 6C1-3.070 Finance and Administration; Construction; Acquisition of Professional and Design/Build Services (Repealed) 6C1-3.071 Finance and Administration; Construction; Acquisition of Construction Management Services (Repealed) 6C1-3.072 Finance and Administration; Construction; Construction Contract Bidding and Award (Contractor) (Repealed) 6C1-3.073 Finance and Administration; Construction; Bid Protests (Contractor Only) (Repealed) 6C1-3.074 Finance and Administration; Construction; Evaluations of Professional Service Providers (Including Architects and Engineers), Design/Builders, Construction Managers and Contractors; Disqualification Procedure (Repealed) 6C1-3.075 Finance and Administration; Construction; Procedures for Payment under Unbonded Construction Projects (Repealed) 6C1-3.076 Finance and Administration; Construction; Procedures to Contract for Construction Service (Repealed) 6C1-3.001 Administrative Affairs; Organization. Rulemaking Authority 240.227(1), 240.268 FS. Law Implemented 240.227(1), (21), 240.268 FS. History–New 9-29-75, Amended 8-15-78, 8-4-80, 9-15-83, 3-6-85, Formerly 6C1-3.01, Amended 2-9-87, 4-30-95, Repealed 6-28-98. 6C1-3.002 Finance and Administration; University Financial Services. Rulemaking Authority 240.227(1) FS. Law Implemented 240.291 FS. History–New 9-29-75, Amended 3-9-76, 2-11-82, Formerly 6C1-3.02, Amended 5-21-89, 5-18-92, 4-30-95, 7-15-97, 6-28-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.0021 Finance and Administration; Third-party Donors. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.291 FS. History–New 2-11-82, Formerly 6C1-3.021, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.0022 Finance and Administration; Check Cashing and Bill Paying; Returned Check Service Charge, and Convenience Fee. Rulemaking Authority 229.0081(2) FS. Law Implemented 215.322(3)(b), 240.289, 240.291, 832.07 FS. History–New 2-11-82, Formerly 6C1-3.022, Amended 5-18-92, 5-1-96, 7-15-97, 10-7-99, 6-27-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.0023 Administrative Affairs; Interest on Student Loans. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.453, 240.459 FS. History–New 2-11-82, Formerly 6C1-3.023, Repealed 6-28-98. 6C1-3.003 Finance and Administration; Campus Mail Service. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (12), (13), (19) FS. History–New 9-29-75, Amended 10-14-85, Formerly 6C1-3.03, Amended 10-7-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.0031 Finance and Administration; Volunteers. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 10-14-85, Formerly 6C1-3.031, Amended 4-30-95, 1-7-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.005 Finance and Administration; University Police Department. (1) The University of Florida Police Department shall protect the University’s population, buildings, grounds and equipment, preserve the peace, provide general police services to the university community and enforce the laws of the State of Florida, the ordinances of the City of Gainesville and County of Alachua, and the rules and regulations of the University of Florida. (2) University police shall meet the minimum standards established by the Police Standards and Training Commission and chapter 943, F.S., and the rules and regulations promulgated thereunder. (3) Each university police officer shall, before entering into the performance of his duties, take the oath of office established by the university and the university shall enter into a good and sufficient bond on each officer, payable to the Governor and his successors in office, in the penal sum of $5,000.00 with a surety company authorized to do business in this State as surety thereon, conditioned on the faithful performance of the duties of said university police officer. (4) Each university police officer shall be provided with a uniform set of identification credentials. (5) University police officers occupy positions under the University of Florida Board of Trustees and are subject to the rules and regulations governing the appointment, status, removal and other employment conditions of employees of the University of Florida; except that a university police officer appointed with probationary status shall be required to serve a probationary period of 12 months of satisfactory service before attaining permanent status. (6) Each university police officer shall be provided with the “University of Florida Police Manual” updated December 11, 2002, developed by the University of Florida Police Department to familiarize the officer with the policies and procedures of the department and to guide the officer in the execution of his or her official duties as prescribed by section 1012.97(6), F.S. Rulemaking Authority 1001.74(4), 1012.97(6) FS. Law Implemented 1001.74(19), 1012.97 FS. History–New 11-11-79, Formerly 6C1-3.05, Amended 1-9-03. 6C1-3.0051 Finance and Administration; Lost or Abandoned Property. Rulemaking Authority 1001.74(4) FS. Law Implemented 705.18 FS. History–New 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.006 Finance and Administration; Traffic & Parking; Definitions. (1) The operation and parking of a motor vehicle on the University of Florida campus is a privilege granted by the University rather than a right. All vehicles parked on campus during hours of restriction must properly display a university parking decal or permit. A parking decal is not a guarantee of a parking space. Each vehicle operator is responsible for finding a legal parking space. Lack of a space is not a valid excuse for violating any parking regulation. Parking meters are located throughout the campus for visitors to the university. Transportation and Parking Services operates a pay parking facility for use by patients and visitors to Shands Hospital and the J. Hillis Miller Health Center. The University assumes no liability for damage to vehicles operated or parked on the campus. Any such damage is a risk assumed by the owner or operator of the motor vehicle. (2) The following are definitions of words and phrases used in the rules and regulations governing traffic, parking and registration of vehicles on the University of Florida campus. (a) Bicycle – Includes every vehicle propelled solely by human power and every motorized bicycle as defined in section 316.003(2), F.S. (b) Business Days – All days except weekends and official University Holidays. (c) Campus – Includes all of the property of the University of Florida located in Gainesville or adjacent areas. (d) Decal – Sticker affixed to the vehicle allowing parking in designated areas when space is available. (e) Employee – Any employee of the University of Florida including faculty, administrative and professional, university support personnel system staff and other personnel services (non-student) staff. For the purpose of these regulations, employees of university direct support organizations and non-university organizations contracted to provide services to the university shall have the same parking privileges as university employees. (f) False Registration – Applying for or receiving a parking permit or decal by showing or giving false information or by other fraudulent means which shall include reproducing, altering or defacing a decal, a permit or any other document used for registration or used in lieu of a valid registration. (g) Impound – To tow a vehicle away from the place in which it is parked or to seize and hold legal custody. (h) Moped – Includes all vehicles described in section 316.003(77), F.S. (i) Motorcycle and Motor Scooter – Includes all motor vehicles with two or three wheels. (j) Motor Vehicle – Includes all vehicles other than bicycles and mopeds. (k) Parking Space – Areas governed by the University of Florida parking rules and regulations with parking spaces delineated by white, yellow or blue striping, a parking meter or physical barriers delineating parking parameters. (l) Permit – A card temporarily displayed in the vehicle allowing parking for a limited period of time. (m) Registration – Obtaining authorization to operate and park a vehicle on campus by receiving an appropriate decal or permit for a specified area(s). (n) Restricted Area – An area within which an automobile may be parked if it bears the appropriate decal for that area. (o) Reserved Space – An individual parking space, as approved by the President, appropriately marked for a particular license tag number, individual or position. (p) Restricted Hours – The hours between 7:30 a.m. and 4:30 p.m., Monday through Friday, unless otherwise indicated. (q) Service Area or Drive – Parking areas reserved only for properly identified service or emergency vehicles, commercial vehicles, or vehicles bearing proper authorization from Transportation and Parking Services. Service Areas or Drives are delineated by signs or pavement markings. (r) Student – Includes all persons, not classified as faculty or staff, carrying one or more credit hours of graduate or undergraduate work. This includes Santa Fe Community College students who enroll in courses on campus. (s) Student Classification – The student’s classification as established by the University of Florida Registrar. (t) Transportation and Parking Services – The University unit responsible for issuing decals and permits for parking on campus and for collecting parking fees and parking fines. It is located on campus at 115 North-South Drive, (352)392-8048 (Voice) and (352)392-7106 (facsimile), and the mailing address is P.O. Box 112325, University of Florida, Gainesville, Florida 32611-2325. Its hours of operation are Monday through Friday from 8:00 a.m. to 5:00 p.m. except on University holidays. Rulemaking Authority 240.227(1), 240.264 FS. Law Implemented 240.263(2), 240.264 FS. History–New 9-29-75, Amended 8-15-78, 8-19-79, 8-26-81, 8-12-82, 3-6-85, Formerly 6C1-3.06, Amended 5-14-87, 4-27-88, 4-23-89, 4-17-90, 5-7-92, 5-19-93, 4-30-95, 5-1-96, 6-7-00, 5-22-01. 6C1-3.007 Finance and Administration; Traffic & Parking; Parking Registration. (1) Transportation and Parking Services is responsible for issuing decals and permits for parking on campus and for collecting parking fees. (2) To purchase a decal, students and employees must present a current title or motor vehicle registration certificate issued to the individual, his or her guardian, or to some person in his or her immediate family and a valid University identification card. Students must also present a current proof of address document. (3) Students and employees may purchase no more than one (1) decal at any one time except as provided in paragraph 6C1-3.007(9)(g), and subsections (12) and (13), F.A.C. (4) Any person applying for or receiving a parking permit or decal by showing or giving false information or by other fraudulent means, which shall include reproducing, altering or defacing a decal, a permit, or any other document, shall be guilty of false registration. (5) The registrant must park in accordance with his or her decal assignment and the decal may only be used by the registrant. The receipt of a parking permit or decal does not guarantee that a parking space will be available at all times. (6) Annual or semester term decals may be purchased. Annual-term decals shall be effective from May 1 through April 30 of the year for which purchased. Semester-term decals shall be effective for one of the following semesters for which purchased: (a) Summer – May 1 through August 31. (b) Fall – September 1 through December 31. (c) Spring – January 1 through April 30. (NOTE: Registration fee may be higher when purchased by semester. All fees include the required 6% state sales tax.) (7) Reserved spaces: Employees who register to park at the University and have a valid Official Business or a Restricted Area decal may purchase an individually reserved parking space, as approved by the President, upon payment of the appropriate fee shown below. Annual Semester $462.00 $154.00 (8) Annual or semester decals for reserved parking areas may be purchased upon payment of the appropriate fee shown below. (NOTE: Health Science Center reserved parking decals are not valid in other Blue One lots.) Annual Semester Reserved Gated Decals $672.00 $224.00 Official Business Reserved Gated Decals $744.00 $248.00 Medical Resident Reserved Area Decals $306.00 $102.00 (9) Parking decals are sold under the following guidelines: (a) Faculty, Technical, Executive, Administrative, and Managerial Support (TEAMS) and University Support Personnel System (USPS) employees are eligible for an Official Business decal, authorizing parking in Commuter and Restricted Area lots except where signs prohibit it. An Official Business decal is issued upon payment of the appropriate fee shown below: Annual Semester $276.00 $92.00 (b) Faculty, TEAMS and USPS employees are eligible for Restricted Area decals, authorizing parking in designated restricted lots near his or her place of work and Commuter lots. A Restricted Area decal is issued upon payment of the appropriate fee shown below: Annual Semester $210.00 $70.00 (c) Disabled employees possessing a State of Florida issued Handicapped Parking Placard are eligible for a University of Florida Disabled Parking decal upon approval of the University’s ADA office and payment of the appropriate fee shown below. This decal is required to park in any handicapped designated space on campus. This decal will also allow parking in any Restricted Area parking lot or garage on campus. If requested, the disabled employee is eligible to receive a reserved parking space in a Restricted Area parking lot or garage near their work site at no extra charge. Annual Semester $210.00 $70.00 (d) Any employee is eligible for commuter parking. A Staff Commuter decal is issued upon payment of the appropriate fee shown below: Annual Semester $108.00 $36.00 (e) Any student of the University of Florida is eligible to register for parking as authorized on campus upon payment of the appropriate fee shown below. Annual Semester $98.00 $49.00 (f) Disabled students possessing a State of Florida or out-of-state Handicap Parking Placard are eligible for a University of Florida Disabled Parking decal upon approval of the University’s ADA office and payment of the appropriate fee shown below. This decal is required to park in any handicapped designated space on campus. This decal will also allow parking in any Restricted Area parking lot or garage on campus. Annual Semester $98.00 $49.00 (g) In cases where an individual lives in family housing and also works for the University, he or she may purchase two decals for the same vehicle. In these cases, the full price for the higher-priced decal must be paid, and the price for the second decal is $5.00. (h) Individual monthly and weekly parking permits may be sold to those requiring parking privileges on a short term basis upon approval of Transportation and Parking Services and payment of the appropriate fee shown below: Monthly Weekly Staff $30.00 $10.00 Student $15.00 $5.00 (i) Additional parking policies affecting students include the following:

1. Eligibility requirements for the various student decals will be established each year by Transportation and Parking Services prior to May 1st.
2. Eligibility for student decals will be determined by an annual analysis of the capacity of parking facilities, projected enrollment levels of students, the anticipated mix of students by class and credit hour designations, and the appropriate demand/supply ratios that will occur from the proposed eligibility standards.
3. Eligibility requirements will be established with the goal of providing the most efficient and effective management of student parking facilities. Assignment of parking eligibility for facilities close to the core of campus will be made to graduate students and undergraduate students with the highest number of credit hours, up to the level that those parking facilities can provide reasonable accommodation.
4. Officials of University groups and organizations, as defined in paragraph 6C1-2.004(3)(a), F.A.C., may be issued Restricted Area permits during their terms of office upon request and approval by the Transportation Advisory Committee. (10) Decal sales and refunds: (a) The purchase of a staff decal will be prorated on a bi-weekly basis over the term of the decal. The prorated price will be determined at the time of purchase. (b) A full refund is issued on parking decals when requested within fifteen (15) calendar days from the purchase or effective date. (c) One twelfth (1/12) of the annual price for each unused month may be given on a annual decal. Refunds must be requested by the 5th of the month in order for the month to be considered unused. (d) For employees on payroll deduction, payments made in excess of the amount due will be refunded. (e) No refunds will be issued unless the decal or remains of the decal is returned to Transportation and Parking Services. (11) Any person may operate a bicycle on the University of Florida campus. Bicycles are not required to be registered. (12) Any student or employee having a valid operator’s license is eligible to register a motorcycle, moped, or motor scooter and purchase a decal for parking in designated motorcycle parking spaces only, upon payment of the appropriate fee shown below: Annual Semester $26.00 $13.00 (13) Any commercial visitor engaged in official business with the University of Florida is eligible to register and purchase a Commercial decal for each vehicle brought on campus. This entitles the holder to park in Commuter or Restricted Area lots. The decals may not be used by the registrant or by members of the registrant’s family or others to conduct personal business on campus. A Commercial decal may be purchased upon payment of the appropriate fee shown below: Annual Semester $276.00 $92.00 (NOTE: Students who qualify for a Commercial decal must register and purchase a student decal in accordance with paragraph 6C1-3.007(9)(e), F.A.C. Both decals must be properly affixed to the vehicle in accordance with the instructions supplied with the decal. Commercial decals are valid for parking to conduct commercial business only.) (14) Any appropriately-marked vendor, delivery or commercial vehicle engaged in official business with the University of Florida may be permitted to go about that business without obtaining a permit or paying a fee. The vehicle must be clearly and permanently marked on both sides. (15) Designated parking spaces will be reserved for: (1) deans and assistant vice presidents or higher positions when the employee’s office is not near a gated parking lot, (2) employees having sufficient medical reasons, and (3) full-time professional resident staff living in the residence halls. (16) Official Business parking permits are issued to University departments or other appropriate administrative units upon approval of a written request submitted by the department chairperson or unit director to Transportation and Parking Services. These permits are to be used by employees without an Official Business decal, but who perform duties at several locations on campus, and may also be used on any decaled vehicle for parking to load and unload in Service Areas for up to one hour. (17) Temporary parking permits to employees and students may be issued at no charge upon approval of Transportation and Parking Services. (18) The Parking and Transportation Committee shall have authority to approve special parking requests as needed. (19) Decals must be properly displayed on vehicles. (a) A decal evidencing registration is issued to the registrant and must be immediately affixed in accordance with the instructions supplied with the decal. No grace period is allowed. (b) A vehicle bearing an illegal or improperly attached decal is not entitled to the privileges normally afforded by such decal. (c) Lost, misplaced, or defaced decals must be replaced immediately. (d) Changes in affiliation or address affecting the validity of the decal issued must be reported immediately to Transportation and Parking Services and a replacement decal purchased. The former decal must be surrendered. (20) A replacement decal is $15.00 regardless of whether the original was an annual or semester decal. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 9-29-75, Amended 8-15-78, 8-19-79, 8-4-80, 8-26-81, 8-12-82, 3-6-85, 5-9-85, 10-14-85, Formerly 6C1-3.07, Amended 5-19-86, 5-14-87, 4-27-88, 4-23-89, 4-17-90, 5-7-92, 5-19-93, 4-30-95, 5-1-96, 7-15-97, 5-3-98, 5-10-99, 6-7-00, 5-22-01, 7-19-01, 5-20-02, 6-3-03, 7-19-05. 6C1-3.008 Finance and Administration; Traffic & Parking; Miscellaneous Provisions. (1) The President may authorize decals to be issued without charge when the University receives a benefit at no direct cost to the University. (2) Upon payment of the appropriate fee, retired members of the faculty and staff are eligible to register and obtain the same parking privileges as if still employed by the University. A retired member of the faculty and staff honored with “emeritus” status is issued an Official Business decal without charge. (3) Houseparents and maids, cooks, baby-sitters, etc., employed by private individuals may register and purchase a decal for the appropriate area, upon payment of the fee contained in paragraph 6C1-3.007(9)(d), F.A.C. (4) Students who are temporarily disabled may be eligible for a temporary Restricted Area parking permit for up to thirty (30) days upon written request from a medical doctor. (5) Visitors are issued temporary visitor’s permits by the checkpoint attendants stationed at the entrances to the central campus. Permits for longer periods may be requested from Transportation and Parking Services. These permits authorize driving and parking in designated areas only. (6) Visitors on official business and visitors with ministerial, charitable or public service missions may be issued temporary permits valid for extended periods of time of a stated duration authorizing parking in designated areas only. (7) Construction workers employed by contractors for campus construction are issued parking permits for parking on or as near the construction site as possible. (8) Faculty, staff and students of Santa Fe Community College and other schools who use University facilities, including the library, are treated in the same manner as University of Florida faculty, staff and students. (9) Special parking permits may be issued to outside agencies for use when making official business trips to the University of Florida. (10) The managers of the cafeterias and bookstores on campus may obtain Service Drive Parking permits for their locations. (11) Permits may not be used by the registrant or members of the registrant’s family or others to conduct personal business on campus and are subject to revocation if the special privileges are abused. (12) Permits may be obtained from Parking Administrative Services to authorize parking in service areas. (13) Students, Staff and Faculty of the University of Florida may not use the Visitor Pay Parking Facilities at the J. Hillis Miller Health Center during the posted hours of operation unless being treated as a patient of the Clinic or Hospital or unless visiting a patient in the Clinic or Hospital. (14) The University of Florida requires that all University motor vehicles to have a current safety inspection decal. To obtain the safety inspection decal, each University motor vehicle must pass an annual safety inspection conducted by the University of Florida Motor Pool. Rulemaking Authority 240.227(1), 240.264 FS. Law Implemented 240.263(2), 240.264 FS. History–New 9-29-75, Amended 8-15-78, 8-19-79, 8-4-80, 8-26-81, 8-12-82, Formerly 6C1-3.08, Amended 5-14-87, 4-27-88, 4-23-89, 4-17-90, 5-7-92, 5-19-93, 4-30-95, 5-1-96, 7-1-96. 6C1-3.009 Finance and Administration; Traffic & Parking; Bus System. (1) Transportation and Parking Services supervises the operation of the campus shuttle bus system (including the Handi-van). Use of the campus shuttle bus system is free to all faculty, staff, students, and visitors. Use of the City of Gainesville Regional Transit System is free to all University of Florida students and staff with a valid Gator 1 identification card. (2) Effective Fall Semester 2005, a Transportation Access Fee of $4.24 per credit hour is assessed upon all courses and fundable credit hours taken by individuals at the University of Florida. Dental, medical and veterinary students must pay a semi-annual Transportation Access Fee of $84.80 (Eighty-four and 80/100 dollars). This fee is used to help support the on campus shuttle bus system and the City of Gainesville Regional Transit System. (3) Students enrolled in a New World School of the Arts degree program in Miami are exempted from paying the Transportation Access Fee. Students enrolled in an off-campus course shall be assessed all, part, or none of the fee pursuant to the determination of the Office of the Provost based on the location and type of the course. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 9-29-75, Amended 8-15-78, 8-26-81, 8-12-82, 5-14-85, Formerly 6C1-3.09, Amended 5-14-87, 4-27-88, 4-23-89, 4-30-95, 5-10-99, 5-22-01, 5-20-02, 6-3-03, 11-25-03, 5-30-04, 7-19-05. 6C1-3.010 Finance and Administration; Traffic & Parking; Control of Parking. Parking is controlled on the campus under the following guidelines: (1) No vehicle without a current decal or permit may be parked on campus during the restricted hours. Normal hours of restriction begin at 7:30 a.m. and end at 4:30 p.m. each day except on Saturday, Sunday and University holidays. Designated lots, areas or parking spaces may be restricted for longer periods (up to twenty-four hours a day, seven days a week) as provided in this rule. (2) Designated areas of the campus are restricted to the use of motor vehicles having decals or permits authorizing entrance to and parking in the particular area. No unauthorized automobile may operate or park within such areas during restricted periods. (3) Reserved parking spaces, parking spaces reserved for persons with disabilities, no-parking zones, fire lanes, and service areas are restricted at all times unless otherwise indicated. (4) Parking or leaving any motor vehicle in any space or area for a period of time longer than is indicated by authorized signs is prohibited at all times. (5) The University assumes no liability for damage to vehicles operated or parked on the campus. Any such damage is a risk assumed by the owner or operator of the motor vehicle. (6) Other parking restrictions include: (a) Motor vehicles must be parked within the markers whenever provided. Parking on or over a line or curb is prohibited. (b) Parking on grass, sidewalks or crosswalks is prohibited. (c) Parking with the front of the vehicle facing traffic is prohibited. (d) Parking in such a way as to obstruct traffic or to create a hazard is prohibited. (e) Continuous parking for extended periods is prohibited. (f) Family housing residents may purchase a decal to park trailers, boats, campers, and similar vehicles by paying the appropriate decal fee. (g) Designated parking areas may be set aside for pay parking or metered parking during established hours and an appropriate fee shall be assessed regardless of the decal or permit attached to the vehicle. Metered lots are enforced between the hours of 8 a.m. and 5 p.m., Monday through Friday. (h) Backing into parking spaces is not allowed when signs prohibit it. (i) Motor vehicles must be parked in designated parking spaces/areas only. Rulemaking Authority 240.227(1), 240.264 FS. Law Implemented 240.263(2), 240.264 FS. History–New 9-29-75, Amended 8-26-81, 8-12-82, 3-6-85, Formerly 6C1-3.10, Amended 5-14-87, 4-27-88, 4-23-89, 5-7-92, 5-19-93, 6-7-00. 6C1-3.011 Finance and Administration; Traffic & Parking; Control of Traffic. (1) Each area of the campus is posted with a speed limit appropriate to the area. The main campus (teaching and residential areas and streets adjacent to family housing areas) is posted with a legal speed limit of 20 miles per hour. Streets wholly within the family housing areas are posted with 10-miles-per-hour speed limits. Driving any vehicle in excess of posted speed limits is prohibited. (2) City, University and State traffic regulations, rules and directive signs govern the use of motor vehicles on campus and must be observed at all times. Violators are subject to a Uniform Traffic Citation which must be paid at the Alachua County Courthouse and for which points may be assessed on their State of Florida Drivers License. (3) Motorists must also operate under the following guidelines: (a) Motorists must give right-of-way to pedestrians crossing at designated, marked crosswalks. (b) Unnecessary noise from horns and mufflers or any other noise device is prohibited at all times. (c) Driving on grass and paths or sidewalks is prohibited except in those instances where sidewalks are designated for the use of bicycles. (d) Making a U-turn on campus is prohibited except where designated (some dead-end streets). (e) Failing to observe a stop sign or stop light while operating a motor vehicle is prohibited. (f) Operating a motor vehicle against authorized signs indicating the direction in which traffic should flow is prohibited. (g) Failure to yield right-of-way while operating a motor vehicle is prohibited. (h) Operating a motor vehicle from one lane of traffic to another without first ascertaining if such movement can be made with safety is prohibited. (i) Traffic laws and regulations are in effect 24 hours a day except as limited in these regulations. Rulemaking Authority 240.227(1), 240.264 FS. Law Implemented 240.227(1), 240.263(2), 240.264, 240.265 FS. History–New 9-29-75, Formerly 6C1-3.11, Amended 5-14-87. 6C1-3.012 Administrative Affairs; Traffic & Parking; Control of Motorcycles, Mopeds, Motor Scooters and Bicycles. Rulemaking Authority 120.53(1)(a), 240.264 FS. Law Implemented 240.264 FS. History–New 9-29-75, Amended 4-5-77, 8-15-78, 8-19-79, 8-4-80, 3-6-85, Formerly 6C1-3.12, Amended 4-27-88, Repealed 4-23-89. 6C1-3.013 Finance and Administration; Traffic & Parking; Violations. (1) Any person operating or parking a vehicle in violation of these rules and regulations is issued a citation and/or becomes subject to arrest. In addition, the vehicle may be subject to impoundment. (2) The person in whose name the decal or vehicle is registered is issued a citation in the event such vehicle is found parked or standing in violation of these rules and regulations and such vehicle is unattended by a driver. (NOTE: decals must be removed if the vehicle is sold.) (3) The University of Florida police have the authority to cause motor vehicles to be removed and impounded or impounded in place when left unoccupied on the University of Florida campus under any of the following circumstances: (a) When parked or left standing illegally in a no-parking zone, service area, fire lane, or in a space reserved for disabled persons; (b) When parked or left standing illegally in an individually-reserved parking space or any reserved or restricted parking area; (c) When parked or left standing illegally in a manner so as to obstruct traffic or create a hazard to safety; (d) When parked or left standing illegally in any bus stop; (e) When parked or left standing continuously for an extended period of time; (f) When the use of the vehicle is in violation of the decal registration regulations of the University of Florida; (g) When a motor vehicle against which there is one or more citations in default as provided in subsection 6C1-3.014(3), F.A.C., is parked or left standing on campus, or (h) When the motor vehicle of a person whose driving and parking privileges have been suspended under the provisions of subsection 6C1-3.014(4), F.A.C., is parked or left standing on campus. (4) All University vehicles shall pass an annual safety inspection conducted by the University of Florida Motor Pool. The University of Florida Police have the authority to impound any University of Florida owned vehicle that does not have a current University safety inspection decal. (5) Any and all charges or fees involved in impounding a motor vehicle are charged against the vehicle and the owner, and such fees and all unpaid fines must be paid before the vehicle is released unless it has been determined pursuant to subsection 6C1-3.015(8), F.A.C., that the motor vehicle must be released without payment of such charges. In the case of University of Florida owned vehicles, the charges or fees shall be paid by the department to which the vehicle is assigned. (6) The maximum impound fee shall be $50.00. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 9-29-75, Amended 3-6-85, Formerly 6C1-3.13, Amended 5-14-87, 4-27-88, 4-23-89, 5-19-93, 4-30-95, 5-1-96, 6-28-98, 6-3-03. 6C1-3.0131 Finance and Administration; Traffic & Parking; Use of Devices to Impound Vehicles. (1) University of Florida police are authorized to impound a vehicle without removal through use of a mechanical device only if the vehicle is subject to removal and impoundment as provided in rule 6C1-3.013, F.A.C., and the following conditions are present: (a) The vehicle is located in a place which would not pose a hazard to traffic; (b) Application of the device would not damage the vehicle; and, (c) Notice that such device has been placed on the vehicle is posted in a prominent location on the window or windshield of the vehicle where the operator of the vehicle would reasonably be expected to observe it. (2) The notice to be posted on the vehicle shall state the place and/or means by which the vehicle’s release may be secured. The vehicle shall be released in accordance with subsection 6C1-3.015(9), F.A.C. (3) The immobilizing device used to impound vehicles is the property of the University of Florida, and any damage to it shall make the offender liable for the destruction of University property. Removing the device, tampering with the device, or moving the vehicle by any means before the device is removed by the University of Florida Police constitutes a separate and additional offense. Rulemaking Authority 240.227(1), 240.264 FS. Law Implemented 240.227(1), 240.263(2), 240.264, 240.265 FS. History–New 8-12-82, Amended 3-6-85, Formerly 6C1-3.131, Amended 4-27-88, 4-23-89, 5-7-92, 4-30-95. 6C1-3.014 Finance and Administration; Traffic & Parking; Fine Schedule. (1) The schedule of violations, and the accompanying fines are: (a) No or expired decal or permit – $20.00; (b) Parking out of assigned area – $20.00; (c) Parking in a restricted area – $20.00; (d) Parking in a reserved parking space – $20.00; (e) Overtime Parking – $7.00; (f) Parking over lines – $5.00; (g) Parking on grass – $20.00; (h) Parking facing traffic – $20.00; (i) Parking on sidewalk – $20.00; (j) Parking obstructing traffic – $20.00; (k) Parking illegally in a service area – $20.00; (l) Parking in No Parking Zone – $20.00; (m) Decal improperly attached – $5.00; (n) False registration – $100.00 plus the cost of the equivalent parking decal; (o) The use of an unauthorized duplicate or lost or stolen decal – $100.00 plus the cost of the equivalent parking decal; (p) Unauthorized use of decal or permit – $20.00; (q) Driving/parking on campus while eligibility is suspended – $50.00; (r) Failure to pay parking lot fee – $20.00; (s) Unauthorized operation of a vehicle in a restricted area – $35.00; (t) Backed into parking spaces where prohibited – $20.00; (u) Parking without a permit in a parking space reserved for persons with disabilities – $250.00; (v) Bicycles parked out of assigned area – $5.00; (w) Tampering with or unauthorized removal of, an immobilizing device – $100.00 plus the purchase price of the device if not returned to the University undamaged. (2) The above schedule covers all motor vehicles, mopeds and bicycles, as appropriate, and applies to all offenders. All listed fines are maximums and may be reduced at the discretion of the University Traffic Authority. (3) Any individual who receives a citation must pay the fine or file a statement of appeal with the University Traffic Authority as provided in rule 6C1-3.015, F.A.C. Failure to pay the fine or to file a statement of appeal within twenty (20) business days from the date of the citation constitutes a default and the citation will be considered delinquent. The appropriate penalty, plus an additional $5.00 administrative fee shall be imposed. Failure to respond to a citation will result in the impoundment of the vehicle at the owner’s expense. The vehicle will not be released until all fines and fees are paid. (4) If any vehicle is cited for violations as provided for in this rule more than five (5) times during the period May 1 through April 30, each additional violation may result in impoundment of the vehicle. Any individual who accumulates more than 10 citations during the period May 1 through April 30 may have his or her campus driving and parking privileges suspended for one year. In all cases in which these privileges have been suspended, the University Police Department is authorized to remove the decal, impound the vehicle, and issue a citation. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 9-29-75, Amended 8-12-82, 3-6-85, 5-9-85, Formerly 6C1-3.14, Amended 5-14-87, 4-27-88, 4-23-89, 4-17-90, 5-19-93, 4-30-95, 6-28-98, 6-7-00, 5-22-01, 1-12-05. 6C1-3.015 Finance and Administration; Traffic & Parking; Jurisdiction; Appeals. (1) The Alachua County Court has jurisdiction over all criminal traffic violations and all traffic infractions as defined in Chapter 316, F.S. (2) The University Traffic Authority, which consists of the Student Traffic Court, the Staff and Faculty Traffic Authority, the University Hearing Authorities, and the Suspension Appeals Authority, as described in this rule, has jurisdiction over all violations of the University rules and regulations governing traffic, parking and vehicle registration on campus. (3) No person who is delinquent in the payment of a penalty is permitted to register his/her vehicle for operation on the campus. No student who is delinquent in the payment of a penalty is permitted to register at a state university, to receive a degree, or to obtain an academic transcript during such delinquency. (4) Citation Appeals Procedure: (a) Persons who wish to appeal the citation of a parking violation must file a Statement of Appeal with Transportation and Parking Services within twenty (20) business days from the date of the citation. Failure to file an appeal within the twenty (20) business days of the date of the citation will result in the person’s forfeiture of the right to appeal the citation. A Statement of Appeal shall include the appellant’s name, mailing address, University identification number (if applicable) and citation number and should include all information concerning the circumstances of the cited offense as well as the basis claimed for requesting dismissal of the charges. (b) An Administrative Hearing Officer who is a member of the Student Traffic Court (for students) or the Staff and Faculty Traffic Authority (for all faculty, staff or visitors) will adjudicate the initial appeal of a parking citation. (c) If the initial ruling by the Administrative Hearing officer is unacceptable to the appellant, a second appeal may be requested before a University Hearing Authority. The statement of Appeal to a University Hearing Authority must be filed with Transportation and Parking Services within twenty (20) business days from the date of the decision of the Administrative Hearing Officer. Failure to file the appeal in a timely manner will result in the person’s forfeiture of the right to appeal the citation to a University Hearing Authority. Transportation and Parking Services will place the Statement of Appeal on the agenda of the earliest possible scheduled meeting of a University Hearing Authority and shall give the appellant written notice of the date, time and location of the hearing at which the Authority will consider the case. During the course of the hearing by the Authority, the appellant shall have an opportunity to present evidence in support of the information contained in the Statement of Appeal. In order to request a hearing, the appellant will be required to pay his or her parking citation. This payment will be refunded to the individual if the University Hearing Authority rules in the appellant’s favor. (d) Requests for continuances of the scheduled hearing date are discouraged, but will be granted only once upon written notification to the Administrative Hearing Officer or chair of the assigned University Hearing Authority of extenuating circumstances justifying a continuance at least 24 hours prior to the scheduled hearing time. Persons failing to obtain a continuance and who do not appear for their scheduled hearing will forfeit their right to a hearing and shall have their appeal adjudicated upon the record before the Authority. (5)(a) Student Traffic Court, through its duly appointed Administrative Hearing Officer, shall have jurisdiction over the initial appeal of citations issued to students. The Student Traffic Court, a division of Student Government, will consist of a Chief Justice and twelve other student Administrative Hearing Officers appointed by the Student Body President with the consultation of the Vice president of Student Affairs. (b) In those cases in which a student files an appeal, a Student Traffic Court Administrative Hearing Officer determines whether such student is guilty or innocent of the charge. The Administrative Hearing Officer will reduce the monetary or restrictive penalty if he or she finds that the violation does not represent a repeated pattern of behavior by the violator, full imposition of the monetary or restrictive penalty would result in unnecessary hardship or burden or reduction would be in the best interest of the University. (6)(a) The Staff and Faculty Traffic Authority shall have jurisdiction over the initial appeal of citations issued to all employees and visitors. The Staff and Faculty Traffic Authority will consist of employee (as defined in rule 6C1-3.006, F.A.C.) Administrative Hearing Officers appointed by the President of the University or the President’s designee. (b) In those cases in which an employee or visitor files an appeal, an Administrative Hearing Officer from the Staff and Faculty Traffic Authority determines whether such person is guilty or innocent of the charge. The Administrative Hearing Officer will reduce the monetary or restrictive penalty if he or she finds that the violation does not represent a repeated pattern of behavior by the violator, full imposition of the monetary or restrictive penalty would result in unnecessary hardship or burden or reduction would be in the best interest of the University. (7)(a) University Hearing Authorities shall have jurisdiction over the second appeal of citations issued to all faculty, staff, students and visitors. Each University Hearing Authority shall consist of a chairperson, two university employees and two students, all of whom are Administrative Hearing Officers. One-half of the chairpersons shall be student Administrative Hearing Officers, and one-half shall be employee Administrative Hearing Officers. Members of each University Hearing Authority will be selected by the Vice President for Finance and Administration or the Vice President’s designee. (b) In those cases in which a person files an appeal of the decision of an Administrative Hearing Officer, the person may choose to be present at the meeting of the University Hearing Authority to which the appeal is assigned and shall have the opportunity to present evidence in support of the information contained in the Statement of Appeal. The University Hearing Authority determines whether the individual is guilty or innocent of the charge. The University Hearing Authority will reduce the monetary or restrictive penalty if it finds that the violation does not represent a repeated pattern of behavior by the violator, full imposition of the monetary or restrictive penalty would result in unnecessary hardship or burden, or reduction would be in the best interest of the University. A simple majority of the University Hearing Authority will constitute a quorum, and decisions of a majority of such quorum shall be final. (8) The Suspension Appeals Authority shall have jurisdiction over all staff, faculty and students whose driving and parking privileges have been suspended pursuant to subsection 6C1-3.014(4), F.A.C. The Authority shall be appointed by the President of the University. It shall consist of three (3) students and three (3) members selected from staff, faculty and Technical, Executive, Administrative, and Managerial Support (TEAMS) personnel of the University and employees of Shands Teaching Hospital and Clinics, Inc. One member of the Authority will be appointed chairperson by the President. Three members of the Authority will constitute a quorum and decisions of a majority of such quorum shall be final. (9) Impoundment Appeal Procedure. (a) Persons whose vehicle has been impounded shall have the right to a probable cause hearing before an impartial hearing officer or committee appointed by the President or the President’s designee provided a timely request is made therefor. The purpose of the hearing is to determine if there is probable cause for continued detention of the vehicle. No hearing will be held unless requested in writing by the owner of the vehicle or his/her agent at the University Police Department or Transportation and Parking Services. The hearing shall be held within seventy-two (72) hours from receipt of said written request. In lieu of the probable cause hearing, or pending such hearing, or if probable cause is found at such hearing, the owner of the vehicle or his/her agent may obtain release of the vehicle by paying the impound charges and delinquent fines. (b) If the hearing officer or committee finds probable cause to impound the vehicle, the individual is then given the prerogative of appealing the citation to a University Hearing Authority. (c) If no probable cause is found to impound the vehicle, it shall be released without requiring the owner to pay impound charges. If the vehicle was previously released upon payment, as provided in paragraph (9)(a) above, such payment shall be refunded. (d) Failure to request a probable cause hearing within fifteen (15) calendar days from the date the notice of impoundment is received constitutes a waiver of said hearing and the vehicle shall be released only upon payment of the impound charges and delinquent fines. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 9-29-75, Amended 8-19-79, 8-12-82, 3-6-85, Formerly 6C1-3.15, Amended 2-9-87, 5-14-87, 4-27-88, 4-23-89, 5-7-92, 5-19-93, 7-11-94, 4-30-95, 6-28-98, 6-7-00, 1-12-05. 6C1-3.016 Administrative Affairs; Traffic & Parking; Suspension of Eligibility. Rulemaking Authority 240.227(1), 240.264 FS. Law Implemented 240.227(1), 240.263(2), 240.264, 240.265 FS. History–New 9-29-75, Amended 8-15-78, 8-26-81, 8-12-82, 10-14-85, Formerly 6C1-3.16, Amended 2-9-87, 5-14-87, 4-27-88, 4-23-89, 4-17-90, 11-19-90, 5-19-93, 4-30-95, Repealed 6-28-98. 6C1-3.017 Finance and Administration; Mailing Lists and Labels. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(7) FS. History–New 9-29-75, Amended 3-6-85, Formerly 6C1-3.17, Amended 6-28-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.018 Administrative Affairs; Peraonnel; Limited Access Records of University Employees. Rulemaking Authority 120.53(1)(a), 240.253 FS. Law Implemented 120.53(1)(a), 240.253 FS. History–New 11-11-79, Formerly 6C1-3.18, Transferred to 6C1-3.55. 6C1-3.019 Administrative Affairs; Career Service Personnel; Disciplinary Procedures. Rulemaking Authority 110.201(2), 240.227(1) FS. Law Implemented 110.201(2) FS. History–New 8-26-81, Formerly 6C1-3.19, Transferred to 6C1-3.47. 6C1-3.020 Finance and Administration; Purchasing. Rulemaking Authority 1001.74(4) FS. Law Implemented 112.313, 120.57(3), 672.719, 1001.74(5), 1001.75(5), 1004.22 FS. History–New 1-8-80, Amended 3-26-80, 8-6-81, 2-11-82, Formerly 6C1-3.20, Amended 5-18-92, 7-11-94, 4-30-95, 5-23-96, 6-28-98, 4-30-00, 7-25-02, 2-5-03, Repealed by Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C1-3.021 Finance and Administration; Purchasing, Sponsored Research Exemptions Procedures. Rulemaking Authority 1001.74(4), 1004.22(13) FS. Law Implemented 1001.74(8), 1004.22(5), (7) FS. History–New 5-18-92, Amended 3-12-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.022 Finance and Administration; Payment to Vendors; Payment Processing Guidelines. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5), 1011.4105 FS. History–New 5-30-04, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C1-3.024 Administrative Affairs; Minority Business Enterprise Procurement Activities. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (12), (13), 287.042 FS. History–New 12-28-87, Amended 4-30-95, Repealed 6-28-98. 6C1-3.025 Finance and Administration; Lease of Space. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5), 1004.22(7) FS. History–New 1-28-80, Formerly 6C1-3.25, Amended 2-9-87, 5-18-92, 4-30-95, 5-23-96, 7-27-98, 1-12-00, 7-25-02, 6-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.030 Finance and Administration; Surplus University Property. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), (6), 1001.75(18) FS. History–New 1-28-80, Amended 8-4-80, Formerly 6C1-3.30, Amended 5-18-92, 4-30-95, 5-1-96, 6-28-98, 5-22-01, 3-12-03, 6-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.034 Administrative Affairs; University Grievance Procedures for Administrative and Professional Staff Members; General Information, Resort to Other Procedures, Time Limits, Definitions and Procedure. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1), 120.57, 120.60, 240.227(5), (6) FS. History–New 2-23-82, Formerly 6C1-3.34, Transferred to 6C1-3.51. 6C1-3.035 Administrative Affairs; Fingerprinting. Rulemaking Authority 110.1127(1), 240.227(1) FS. Law Implemented 240.227(1), 240.227(1), (5) FS. History–New 3-26-80, Formerly 6C1-3.35, Amended 2-9-87, 5-18-92, Repealed 6-28-98. 6C1-3.036 Administrative Affairs; Political Activity. Rulemaking Authority 240.227(1) FS. Law Implemented 104.31, 240.227(1), (5), (13) FS. History–New 3-26-80, Formerly 6C1-3.36, Amended 2-9-87, Repealed 7-27-98. 6C1-3.037 Finance and Administration; Registration and Student Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24, 1009.26 FS. History–New 3-26-80, Amended 2-11-82, 3-6-85, Formerly 6C1-3.37, Amended 5-18-92, 5-1-96, 7-21-97, 3-12-03, 12-31-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.0371 Finance and Administration; Fee Refunds. Rulemaking Authority 240.227(1) FS. Law Implemented 240.209(3)(e), (r), 240.227(1), 240.235 FS. History–New 2-11-82, Formerly 6C1-3.371, Amended 5-18-92, 7-27-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.0372 Finance and Administration; Student Health, Athletic, and Activity and Service Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24(9), (10), (11) FS. History–New 2-11-82, Amended 8-12-82, 9-15-83, 3-6-85, 10-14-85, Formerly 6C1-3.372, Amended 2-9-87, 12-28-87, 5-21-89, 4-17-90, 7-15-91, 5-18-92, 5-19-93, 4-30-95, 5-1-96, 7-15-97, 6-24-99, 6-21-00, 5-22-01, 5-20-02, 6-3-03, 11-25-03, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.0373 Administrative Affairs; General Student Aid Fee. Rulemaking Authority 240.227(1), 240.287 FS. Law Implemented 240.227(1), 240.287 FS. History–New 2-11-82, Formerly 6C1-3.373, Repealed 6-28-98. 6C1-3.0374 Finance and Administration; Material and Supply Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24(12)(g) FS. History–New 4-17-90, Amended 4-30-95, 5-22-01, 1-19-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.0375 Finance and Administration; Tuition Cost. Rulemaking Authority 1001.74(11) FS. Law Implemented 1009.24 FS., General Appropriations Act, 2004, Conference Report on HB 1835. History– New 9-10-02, Amended 9-18-03, 1-12-05, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.0376 Finance and Administration; Miscellaneous Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24, 1009.26 FS. History–New 3-12-03, Amended 6-3-03, 12-31-03, 5-30-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.038 Administrative Affairs; Travel. Rulemaking Authority 240.227(1) FS. Law Implemented 112.061, 240.227(5) FS. History–New 3-26-80, Formerly 6C1-3.38, Repealed 6-28-98. 6C1-3.039 Finance and Administration; Guest Admissions. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12), (13) FS. History–New 3-26-80, Formerly 6C1-3.39, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.040 Finance and Administration; Employee Recognition Program. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 3-26-80, Amended 3-6-85, Formerly 6C1-3.40, Amended 2-23-88, 5-21-89, 11-20-90, 5-18-92, 5-22-01, 3-2-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.042 Finance and Administration; Write-off of Uncollectible Accounts; Settlement of Delinquent Accounts. Rulemaking Authority 240.227(1) FS. Law Implemented 240.291 FS. History–New 3-26-80, Formerly 6C1-3.42, Amended 5-18-92, 6-28-98, Repealed by Section 20, Chapter 2011-177, Laws of Florida. 6C1-3.0421 Finance and Administration; Employee Debt Collection. Rulemaking Authority 1001.74(4) FS. Law Implemented 17.04, 1001.74(19), 1010.03 FS. History–New 12-27-90, Amended 5-18-92, 6-28-98, 9-1-99, 6-3-03, Repealed by Section 20, Chapter 2011-177, Laws of Florida. 6C1-3.0422 Finance and Administration; Direct Deposit Program. Rulemaking Authority 1001.74(4) FS. Law Implemented 110.113, 1001.74(19) FS. History–New 12-31-03, Amended 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.043 Administrative Affairs; Applicability of Personnel Rules. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), (19) FS. History–New 3-6-85, Formerly 6C1-3.43, Amended 2-9-87, 4-30-95, Repealed 6-28-98. 6C1-3.044 Administrative Affairs; Delegated Authority for Personnel Actions. Rulemaking Authority 240.227(1), 110.201(2) FS. Law Implemented 240.227(5), (19), 110.201(2) FS. History–New 3-6-85, Formerly 6C1-3.44, Amended 2-9-87, 4-30-95, Repealed 6-28-98. 6C1-3.045 Finance and Administration; University Support Personnel System (USPS) Predetermination and Arbitration Appeal Procedures for Employees with Permanent Status. Rulemaking Authority 1001.74(4), 1012.92(1), (3) FS. Law Implemented 1001.74(19), 1012.92 FS. History–New 5-1-96, Amended 3-2-03, 12-31-03, 5-30-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.046 Finance and Administration; Discipline, Suspension and Dismissal for Cause of Technical, Executive, Administrative, and Managerial Support (TEAMS) Staff. Rulemaking Authority 1001.74(4), 1012.92 FS. Law Implemented 1001.74(19), 1012.92 FS. History–New 3-6-85, Formerly 6C1-3.46, Amended 3-2-03, 5-30-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.047 Finance and Administration; University Support Personnel System; Disciplinary Procedures. Rulemaking Authority 1001.74(4), 1012.92(1), (3) FS. Law Implemented 1001.74(19), 1012.92 FS. History–New 8-26-81, Formerly 6C1-3.19, Amended 3-6-85, 5-14-85, Formerly 6C1-3.47, Amended 2-9-87, 5-21-89, 6-28-98, 10-31-99, 6-27-02, 2-3-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.049 Finance and Administrative; Technical, Executive, Administrative and Managerial Support Staff Appraisal. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3), 1012.91 FS. History–New 4-25-80, Amended 2-23-82, Formerly 6C1-7.11, Amended 3-6-85, Formerly 6C1-3.49, Amended 4-17-90, 5-18-92, 3-12-03, 5-30-04, Repealed 7-19-05. 6C1-3.050 Finance and Administration; University Support Personnel System and Technical, Executive, Administrative, and Managerial Support Staff Performance Appraisals. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3), 1012.91 FS. History–New 7-1-96, Amended 6-28-98, 5-22-01, 3-12-03, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.051 Finance and Administration; University Grievance Procedures for Technical, Executive, Administrative, and Managerial Support Staff: General Information, Resort to Other Procedures, Time Limits, Procedures, and Arbitration Appeal. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 2-23-82, Formerly 6C1-3.34, Amended 3-6-85, Formerly 6C1-3.51, Amended 2-9-87, 5-18-92, 10-31-99, 3-2-03, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.052 Administrative Affairs; Leave of Absence Without Pay for University Support Personnel System (USPS) Employees. Rulemaking Authority 240.227(1), (5), 110.201(2) FS. Law Implemented 110.201(2), 120.53(1), 240.227(1), (5) FS. History–New 3-6-85, Formerly 6C1-3.52, Amended 2-9-87, 2-23-88, 4-17-90, 4-30-95, Repealed 7-17-97. 6C1-3.054 Finance and Administration; Appointment; Technical, Executive, Administrative, and Managerial Support and University Support Personnel System Staff. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 3-26-80, Formerly 6C1-7.20, Amended 3-6-85, Formerly 6C1-3.54, Amended 4-30-95, 7-1-96, 3-2-03, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.056 Finance and Administration; Resignation and Non-Reappointment of Technical, Executive, Administrative, and Managerial Support Staff. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 3-6-85, Formerly 6C1-3.56, Amended 7-1-96, 10-31-99, 6-27-02, 3-2-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.057 Finance and Administration; Workers’ Compensation, Unemployment Compensation and Drug Testing. Rulemaking Authority 1001.74(4) FS. Law Implemented 440.03, 1001.74(19) FS. History–New 3-6-85, Formerly 6C1-3.57, Amended 4-30-95, 6-28-98, 6-3-03, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.058 Finance and Administration; University Complaint Procedure for University Support Personnel System Employees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 3-6-85, Formerly 6C1-3.58, Amended 2-9-87, 11-20-90, 7-15-97, 2-11-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.059 Finance and Administration; Pay Upon Appointment and Probationary Status After Promotion; University Support Personnel System Employees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 4-27-88, Amended 12-27-90, 7-1-96, 6-28-98, 10-31-99, 5-22-01, 3-2-03, 5-30-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.061 Finance and Administration; Personnel Policy for Technical, Executive, Administrative, and Managerial Support Staff; Recruitment and Selection. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 3-2-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.062 Finance and Administration; General Personnel Policy for Technical, Executive, Administrative, and Managerial Support and University Support Personnel System Employees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 1-7-03, Amended 5-30-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.070 Finance and Administration; Construction; Acquisition of Professional and Design/Build Services. Rulemaking Authority 1001.74(4) FS. Law Implemented 287.055, 1001.74(28), 1001.75(5), 1013.45 FS. History–New 6-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.071 Finance and Administration; Construction; Acquisition of Construction Management Services. Rulemaking Authority 1001.74(4) FS. Law Implemented 287.055, 1001.74(28), 1001.75(5), 1013.45 FS. History–New 6-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.072 Finance and Administration; Construction; Construction Contract Bidding and Award (Contractor). Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), (28), 1001.75(5), 1013.45 FS. History–New 6-3-03, Amended 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.073 Finance and Administration; Construction; Bid Protests (Contractor Only). Rulemaking Authority 1001.74(4) FS. Law Implemented 255.0516, 1001.74(28), 1013.45 FS. History–New 6-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.074 Finance and Administration; Construction; Evaluations of Professional Service Providers (Including Architects and Engineers), Design/Builders, Construction Managers and Contractors; Disqualification Procedure. Rulemaking Authority 1001.74(4) FS. Law Implemented 287.055, 1001.74(28), 1001.75(5), 1013.45 FS. History–New 6-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.075 Finance and Administration; Construction; Procedures for Payment under Unbonded Construction Projects. Rulemaking Authority 1004.74(4) FS. Law Implemented 255.05, 1013.47, 1013.50 FS. History–New 12-31-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-3.076 Finance and Administration; Construction; Procedures to Contract for Construction Service. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(4), (5), 1001.75(5), 1013.45 FS. History–New 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C1-4 STUDENT AFFAIRS

Fla. Admin. Code R. 6C1-4 STUDENT AFFAIRS

CHAPTER 6C1-4 STUDENT AFFAIRS 6C1-4.001 Student Affairs: Organization (Repealed) 6C1-4.002 Student Affairs: Student Government Constitution (Repealed) 6C1-4.003 Student Affairs: Student Organizations (Repealed) 6C1-4.004 Student Affairs: Social Fraternities and Sororities (Repealed) 6C1-4.005 Student Affairs: Reitz Union (Repealed) 6C1-4.006 Student Affairs: Commercial Activity; Selling of Merchandise, Activities Involving Off-Campus Vendors (Repealed) 6C1-4.007 Student Affairs: Confidentiality of Student Records (Repealed) 6C1-4.009 Student Affairs: The University of Florida Career Resource Center (Repealed) 6C1-4.010 Student Affairs: Employer Registration (Repealed) 6C1-4.011 Student Affairs: Baby Gator Educational Research Center for Child Development (Repealed) 6C1-4.012 Student Affairs: Grievance Procedure (Repealed) 6C1-4.013 Student Affairs: Selection of Remedies in Student Discipline (Repealed) 6C1-4.014 Student Affairs: Student Conduct Code and Academic Honesty Guidelines; Pending Degrees (Repealed) 6C1-4.015 Student Affairs: Student Conduct Code; Scope (Repealed) 6C1-4.016 Student Affairs: Student Conduct Code; Violations, Penalties and Procedures for Adjudication (Repealed) 6C1-4.0161 Student Affairs: Student Conduct Code; Prohibition of Hazing; Procedures and Penalties 6C1-4.0162 Student Affairs: Student Conduct Code; Immediate Suspension Pending Hearing (Repealed) 6C1-4.0163 Student Affairs: Victim Services on Campus (Repealed) 6C1-4.017 Student Affairs: Academic Honesty Guidelines (Repealed) 6C1-4.0172 Student Affairs: Student Honor Code (Repealed) 6C1-4.018 Student Affairs: Off-Campus Conduct (Repealed) 6C1-4.019 Student Affairs: Student Conduct Committee (Repealed) 6C1-4.020 Student Affairs: Student Honor Court (Repealed) 6C1-4.021 Student Affairs: Residence Hall Conduct Hearing Authorities (Repealed) 6C1-4.0211 Student Affairs: Health Center Student Conduct Committee (Repealed) 6C1-4.0212 Student Affairs: The College of Law Honor System (Repealed) 6C1-4.022 Student Affairs: Postponement of Disciplinary Hearing Due to Pending or Possible Criminal or Civil Charges (Repealed) 6C1-4.023 Student Affairs: Student Waiver of Right to Formal Disciplinary Hearing (Repealed) 6C1-4.024 Student Affairs: Summary Disciplinary Hearing (Repealed) 6C1-4.025 Student Affairs: Conflict of Jurisdiction in Student Discipline (Repealed) 6C1-4.026 Student Affairs: Issuance of Transcripts, Flagging of Records, and Retention of Records in Cases of Disciplinary Action (Repealed) 6C1-4.027 Student Affairs: Student Employment (Repealed) 6C1-4.028 Student Affairs: Financial Aid (Repealed) 6C1-4.029 Student Affairs: University Housing; Assignment Priorities (Repealed) 6C1-4.030 Student Affairs: University Housing; Housing Agreement (Repealed) 6C1-4.031 Student Affairs: University Single Student Housing; Requirement for Signed Agreement (Repealed) 6C1-4.032 Student Affairs: Married Student Housing; Requirement for Signed Agreement (Repealed) 6C1-4.033 Student Affairs: Off-Campus Housing (Repealed) 6C1-4.034 Student Affairs: Visitation Rules (Repealed) 6C1-4.035 Student Affairs: Health and Accident Insurance Requirements for Foreign Students (Repealed) 6C1-4.036 Student Affairs: Involuntary Withdrawal (Repealed) 6C1-4.038 Student Affairs: Student, Spouse, Domestic Partner, and Dependent Services and Benefits (Repealed) 6C1-4.001 Student Affairs: Organization. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (21) FS. History–New 9-29-75, Amended 1-28-80, Formerly 6C1-4.01, Amended 5-1-96, Repealed 6-28-98. 6C1-4.002 Student Affairs: Student Government Constitution. Rulemaking Authority 1001.74(4), 1004.26, 1009.24(9) FS. Law Implemented 1001.74(10), (11), 1001.75(15), 1004.26, 1009.24(9) FS. History–New 9-29-75, Amended 1-28-80, Formerly 6C1-4.02, Amended 2-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.003 Student Affairs: Student Organizations. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10) FS. History–New 9-29-75, Amended 1-28-80, 3-25-85, Formerly 6C1-4.03, Amended 4-30-95, 5-1-96, 6-28-98, 1-19-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.004 Student Affairs: Social Fraternities and Sororities. Rulemaking Authority 1001.74(4), 1006.60(2) FS. Law Implemented 1001.74(10), 1006.60 FS. History–New 9-29-75, Amended 3-25-85, Formerly 6C1-4.04, Amended 10-31-99, 6-21-00, 2-5-03, 6-3-03, 12-31-03, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.005 Student Affairs: Reitz Union. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (13), 810.08 FS. History–New 9-29-75, Formerly 6C1-4.05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.006 Student Affairs: Commercial Activity; Selling of Merchandise, Activities Involving Off-Campus Vendors. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 9-29-75, Amended 1-28-80, 8-26-81, 5-14-85, Formerly 6C1-4.06, Amended 4-17-90, 5-19-93, 7-11-94, 10-31-99, 7-8-01, 2-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.007 Student Affairs: Confidentiality of Student Records. Rulemaking Authority 1001.74(4) FS. Law Implemented 1002.22, 1006.52(1) FS. History–New 9-29-75, Amended 1-28-80, 8-4-80, Formerly 6C1-4.07, Amended 7-11-94, 5-1-96, 6-21-00, 1-19-03, 12-31-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.009 Student Affairs: The University of Florida Career Resource Center. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10) FS. History–New 9-29-75, Amended 3-9-76, 6-7-83, Formerly 6C1-4.09, Amended 5-30-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.010 Student Affairs: Employer Registration. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (13) FS. History–New 9-29-75, Formerly 6C1-4.10, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.011 Student Affairs: Baby Gator Educational Research Center for Child Development. Rulemaking Authority 240.227(1), 240.531(4) FS. Law Implemented 202.202, 240.227(1), 240.531 FS. History–New 8-12-82, Amended 6-13-83, Formerly 6C1-4.11, Repealed 6-28-98. 6C1-4.012 Student Affairs: Grievance Procedure. Rulemaking Authority 1001.74(4), 1006.52 FS. Law Implemented 1000.05, 1001.74(10), 1002.22(3)(c) FS. History–New 9-29-75, Amended 8-4-80, Formerly 6C1-4.12, Amended 4-17-90, 7-11-94, 6-28-98, 5-30-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.013 Student Affairs: Selection of Remedies in Student Discipline. Rulemaking Authority 1001.74(4), 1006.60 FS. Law Implemented 120.81(1), 1001.74(10), 1006.60 FS. History–New 9-29-75, Amended 3-9-76, 4-5-77, 4-25-80, 2-11-82, 9-15-83, 3-25-85, Formerly 6C1-4.13, Amended 4-24-88, 5-18-92, 7-11-94, 4-30-95, 5-1-96, 7-18-99, 6-21-00, 5-20-02, 1-19-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.014 Student Affairs: Student Conduct Code and Academic Honesty Guidelines; Pending Degrees. Rulemaking Authority 240.227(1), 240.261, 240.264 FS. Law Implemented 120.81(1), 240.132, 240.133, 240.202, 240.227(1), 240.261, 240.264, 240.265 FS. History–New 9-29-75, Amended 4-5-77, 1-28-80, 2-11-82, 9-15-83, Formerly 6C1-4.14, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.015 Student Affairs: Student Conduct Code; Scope. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 120.81(1), 240.132, 240.133, 240.202, 240.261 FS. History–New 9-29-75, Amended 2-11-82, Formerly 6C1-4.15, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.016 Student Affairs: Student Conduct Code; Violations, Penalties and Procedures for Adjudication. Rulemaking Authority 1001.74(4), 1006.60 FS. Law Implemented 1001.74(10), 1006.60, 1006.61, 1006.62, 1006.63 FS. History–New 9-29-75, Amended 3-9-76, 1-28-80, 3-26-80, 8-26-81, 2-11-82, 9-15-83, 3-25-85, 5-14-85, 10-14-85, Formerly 6C1-4.16, Amended 4-24-88, 5-21-89, 5-18-92, 5-19-93, 7-11-94, 4-30-95, 5-1-96, 7-15-97, 7-27-98, 10-31-99, 6-21-00, 5-22-01, 5-20-02, 2-5-03, 6-3-03, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.0161 Student Affairs: Student Conduct Code; Prohibition of Hazing; Procedures and Penalties. (1) Hazing Policy – Actions or statements which by design or intent amount to intimidation or hazing are prohibited, and shall be prevented and adjudicated by the University whenever possible. (2) Definition of Hazing – In accordance with section 1006.63, F.S., “hazing” means any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating under the sanction of the University. Under the statute, “hazing” includes, but is not limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity which could adversely affect the physical health or safety of the student, and any activity which would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the student. Any activity as described above upon which the initiation or admission into or affiliation with a university organization is directly or indirectly conditioned shall be presumed to be “forced” activity, the willingness of an individual to participate in such activity notwithstanding. (3) Procedures for Implementation – Any person having knowledge of any activity or statement which may constitute hazing should contact the University office or agency with jurisdiction over the students or organization involved. Such office or agency shall take appropriate University action as necessary to enforce the prohibition. Actions shall be conducted pursuant to the Student Conduct Code, rules 6C1-4.013 through 6C1-4.026, F.A.C. Penalties for violations of the prohibition shall be administered by the Vice President for Student Affairs through the appropriate University office or agency. (4) Penalties – Under section 1006.63, F.S., the University is authorized to impose the penalties described below for violation of the prohibition, regardless of whether the violation occurred on or off campus, and such penalties shall be in addition to any other penalty to which the student may be subject for violations of the criminal laws of Florida or any other applicable University rule. (a) Penalties for individuals subject to University jurisdiction found guilty of hazing violations include the imposition of fines, the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines, and the imposition of reprimand, probation, suspension, or dismissal. (b) Organizations subject to University jurisdiction which authorize hazing in blatant disregard of these rules may be penalized by revocation of permission for the organization to be registered, to meet on campus and to use campus facilities, and, in the case of fraternities and sororities, the right to exist at the University of Florida. (5) Copies of this policy, and rules concerning violations, penalties, and process for enforcement will be distributed to students enrolled in the University, and shall be incorporated in the bylaws of every organization operating under the sanction of the University. Rulemaking Authority 1001.74(4), 1006.60, 1006.63(2) FS. Law Implemented 1001.74(10), 1006.60, 1006.63 FS. History–New 2-11-82, Formerly 6C1-4.161, Amended 3-12-03. 6C1-4.0162 Student Affairs: Student Conduct Code; Immediate Suspension Pending Hearing. Rulemaking Authority 1001.74(4), 1006.60 FS. Law Implemented 120.81(1), 1001.74(10), 1006.60 FS. History–New 9-15-83, Formerly 6C1-4.162, Amended 10-31-99, 1-19-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.0163 Student Affairs: Victim Services on Campus. Rulemaking Authority 240.227(1) FS. Law Implemented 240.202, 240.227(1) FS. History–New 4-30-95, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.017 Student Affairs: Academic Honesty Guidelines. Rulemaking Authority 1001.74(1), 1006.60(4) FS. Law Implemented 120.81(1), 1001.74(10), 1006.60(4) FS. History–New 9-29-75, Amended 4-5-77, 2-11-82, 9-15-83, Formerly 6C1-4.17, Amended 5-18-92, 7-11-94, 4-30-95, 2-5-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.0172 Student Affairs: Student Honor Code. Rulemaking Authority 240.227(1), 240.261(2) FS. Law Implemented 240.227(1), (17), 240.261(2) FS. History–New 5-23-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.018 Student Affairs: Off-Campus Conduct. Rulemaking Authority 240.227(1), 240.261(2) FS. Law Implemented 120.81(1), 240.132, 240.133, 240.227(1), 240.261, 240.262 FS. History–New 9-29-75, Amended 3-6-85, Formerly 6C1-4.18, Amended 4-30-95, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.019 Student Affairs: Student Conduct Committee. Rulemaking Authority 1001.74(4), 1006.60 FS. Law Implemented 1001.74(10), 1006.60 FS. History–New 9-29-75, Amended 4-5-77, 1-28-80, 2-11-82, 9-15-83, Formerly 6C1-4.19, Amended 7-11-94, 1-19-03, 12-31-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.020 Student Affairs: Student Honor Court. Rulemaking Authority 1001.74(4), 1006.60 FS. Law Implemented 120.81(1)(f), 1001.74, 1001.75, 1006.22, 1006.60 FS. History–New 9-29-75, Amended 4-5-77, 1-28-80, 2-11-82, Formerly 6C1-4.20, Amended 5-18-92, 7-11-94, 5-1-96, 6-28-98, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.021 Student Affairs: Residence Hall Conduct Hearing Authorities. Rulemaking Authority 1001.74(4), 1006.60 FS. Law Implemented 120.81(1), 1001.74(10), 1006.60 FS. History–New 9-29-75, Amended 3-26-80, 2-11-82, Formerly 6C1-4.21, Amended 11-13-90, 5-18-92, 5-19-93, 7-11-94, 4-30-95, 10-31-99, 5-20-02, 1-19-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.0211 Student Affairs: Health Center Student Conduct Committee. Rulemaking Authority 1001.74(4), 1006.60 FS. Law Implemented 120.81(1), 1001.74(10), 1006.60 FS. History–New 9-15-83, Formerly 6C1-4.211, Amended 4-24-88, 4-30-95, 1-19-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.0212 Student Affairs: The College of Law Honor System. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 120.81(1), 240.133, 240.202, 240.261 FS. History–New 7-11-94, Amended 4-30-95, 5-1-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.022 Student Affairs: Postponement of Disciplinary Hearing Due to Pending or Possible Criminal or Civil Charges. Rulemaking Authority 1001.74(4), 1006.60 FS. Law Implemented 120.81(1), 1001.74(10), 1006.60 FS. History–New 9-29-75, Formerly 6C1-4.22, Amended 1-19-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.023 Student Affairs: Student Waiver of Right to Formal Disciplinary Hearing. Rulemaking Authority 240.227(1) FS. Law Implemented 120.81(1), 240.132, 240.133, 240.227(1), 240.261 FS. History–New 9-29-75, Amended 9-15-83, Formerly 6C1-4.23, Amended 4-24-88, 4-30-95, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.024 Student Affairs: Summary Disciplinary Hearing. Rulemaking Authority 1001.74(4) FS. Law Implemented 120.81(1), 1001.74(10), 1006.60 FS. History–New 9-29-75, Amended 9-15-83, Formerly 6C1-4.24, Amended 5-18-92, 1-19-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.025 Student Affairs: Conflict of Jurisdiction in Student Discipline. Rulemaking Authority 240.227(1) FS. Law Implemented 120.81(1), 240.132, 240.133, 240.227(1), 240.261 FS. History–New 9-29-75, Formerly 6C1-4.25, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.026 Student Affairs: Issuance of Transcripts, Flagging of Records, and Retention of Records in Cases of Disciplinary Action. Rulemaking Authority 1001.74(4), 1006.61 FS. Law Implemented 120.81(1), 1001.74(10), 1006.60 FS. History–New 9-29-75, Amended 9-15-83, Formerly 6C1-4.26, Amended 5-18-92, 5-19-93, 6-21-00, 3-12-03, 12-31-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.027 Student Affairs: Student Employment. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (3), (5), (7), 240.237 FS. History–New 9-29-75, Amended 4-5-77, Formerly 6C1-4.27, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.028 Student Affairs: Financial Aid. Rulemaking Authority 240.227(1), 240.287, 240.4042(2) FS. Law Implemented 240.287, 240.4042, 240.437 FS. History–New 9-29-75, Amended 4-5-77, 8-4-80, Formerly 6C1-4.28, Amended 12-28-87, 5-23-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.029 Student Affairs: University Housing; Assignment Priorities. Rulemaking Authority 1001.74(1), (4) FS. Law Implemented 1001.74(5), (6) FS. History–New 9-29-75, Amended 8-19-79, Formerly 6C1-4.29, Amended 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.030 Student Affairs: University Housing; Housing Agreement. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (7), (12), (13) FS. History–New 9-29-75, Formerly 6C1-4.30, Repealed 6-28-98. 6C1-4.031 Student Affairs: University Single Student Housing; Requirement for Signed Agreement. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), (6) FS. History–New 9-29-75, Amended 8-15-78, 8-19-79, 2-11-82, 2-13-83, Formerly 6C1-4.31, Amended 9-1-99, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.032 Student Affairs: Married Student Housing; Requirement for Signed Agreement. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), (6) FS. History–New 9-29-75, Amended 4-5-77, 8-19-79, Formerly 6C1-4.32, Amended 6-24-99, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.033 Student Affairs: Off-Campus Housing. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (7) FS. History–New 9-29-75, Amended 8-19-79, Formerly 6C1-4.33, Repealed 6-28-98. 6C1-4.034 Student Affairs: Visitation Rules. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (12), (13) FS. History–New 5-24-76, Amended 8-15-78, 1-28-80, Formerly 6C1-4.34, Repealed 6-28-98. 6C1-4.035 Student Affairs: Health and Accident Insurance Requirements for Foreign Students. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (8), 240.233(3) FS. History–New 8-15-78, Formerly 6C1-4.35, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.036 Student Affairs: Involuntary Withdrawal. Rulemaking Authority 204.132(1), 240.227(1), 240.261 FS. Law Implemented 120.81(1), 240.132, 240.133, 240.202, 240.261(2), 240.262 FS. History–New 2-11-82, Formerly 6C1-4.36, Amended 10-31-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-4.038 Student Affairs: Student, Spouse, Domestic Partner, and Dependent Services and Benefits. Rulemaking Authority 229.0081(2), 229.0082(1) FS. Law Implemented 229.0061(2)(e)6., 229.0081(2), 229.0082(1) FS. History–New 10-10-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C1-5 J. HILLIS MILLER HEALTH CENTER

Fla. Admin. Code R. 6C1-5 J. HILLIS MILLER HEALTH CENTER

CHAPTER 6C1-5 J. HILLIS MILLER HEALTH CENTER 6C1-5.002 J. Hillis Miller Health Center; Student Immunizations (Repealed) 6C1-5.076 University of Florida College of Medicine Policies and Procedures for Discipline, Grievances, Nonrenewal, Suspension or Dismissal of a Resident (Repealed) 6C1-5.0761 University of Florida College of Medicine Resident; Fringe Benefits, Leaves and Outside Employment (Repealed) 6C1-5.0763 University of Florida College of Medicine; Duty to Maintain Clinical Privileges (Repealed) 6C1-5.002 J. Hillis Miller Health Center; Student Immunizations. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(8) FS. History–New 5-21-89, Amended 11-13-90, 7-17-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-5.076 University of Florida College of Medicine Policies and Procedures for Discipline, Grievances, Nonrenewal, Suspension or Dismissal of a Resident. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (19), 1001.75(3), 1006.60, 1006.61, 1006.62, 1012.92 FS. History–New 8-15-78, Formerly 6C1-5.76, Amended 12-28-87, 5-23-96, 7-3-01, 6-27-02, 1-7-03, 6-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-5.0761 University of Florida College of Medicine Resident; Fringe Benefits, Leaves and Outside Employment. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 5-18-92, Amended 6-28-98, 7-3-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-5.0763 University of Florida College of Medicine; Duty to Maintain Clinical Privileges. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 7-3-01, Amended 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C1-6 INSTITUTE OF FOOD AND AGRICULTURAL SCIENCE

Fla. Admin. Code R. 6C1-6 INSTITUTE OF FOOD AND AGRICULTURAL SCIENCE

CHAPTER 6C1-6 INSTITUTE OF FOOD AND AGRICULTURAL SCIENCE 6C1-6.001 IFAS; Mission (Repealed) 6C1-6.007 IFAS; Qualifications and Appointment of County Extension Faculty (Repealed) 6C1-6.008 IFAS; Faculty Evaluation (Repealed) 6C1-6.009 IFAS; Promotion, Tenure, and Permanent Status (Repealed) 6C1-6.011 IFAS; Leave (Repealed) 6C1-6.0111 IFAS; Insurance Coverage for Federal Appointees (Repealed) 6C1-6.013 IFAS; Florida 4-H Youth Development Programs and Participation (Repealed) 6C1-6.014 IFAS; Vaccination of Personnel (Repealed) 6C1-6.015 IFAS; Outside Activity Guidelines (Repealed) 6C1-6.016 IFAS; Visitation to or Use of Certain Facilities (Repealed) 6C1-6.017 IFAS; Publications (Repealed) 6C1-6.018 IFAS; Diagnostic Services (Repealed) 6C1-6.019 IFAS; Eligibility for Expanded Foods and Nutrition Education Program (EFNEP) (Repealed) 6C1-6.021 IFAS; Guidelines for Implementation of the Plan as Related to 4-H Clubs and Florida Association for Family and Community Education Clubs (Repealed) 6C1-6.001 IFAS; Mission. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.501, 240.503, 240.505, 240.507, 240.511 FS. History–New 9-29-75, Formerly 6C1-6.01, Amended 5-19-93, 5-1-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.007 IFAS; Qualifications and Appointment of County Extension Faculty. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.505 FS. History–New 9-29-75, Amended 8-15-78, 8-26-81, Formerly 6C1-6.07, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.008 IFAS; Faculty Evaluation. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), 240.245, 240.511 FS. History–New 9-29-75, Formerly 6C1-6.08, Amended 5-19-93, 6-28-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.009 IFAS; Promotion, Tenure, and Permanent Status. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1004.37 FS. History–New 9-29-75, Amended 8-15-78, 2-12-82, 8-12-82, 9-15-83, Formerly 6C1-6.09, Amended 5-19-93, 7-27-98, 3-2-03, 6-3-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.011 IFAS; Leave. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1004.37 FS. History–New 9-29-75, Formerly 6C1-6.11, Amended 6-28-98, 7-19-01, 1-7-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.0111 IFAS; Insurance Coverage for Federal Appointees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1012.96 FS. History–New 11-13-90, Amended 1-7-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.013 IFAS; Florida 4-H Youth Development Programs and Participation. Rulemaking Authority 1001.74(4) FS. Law Implemented 1004.37 FS. History–New 9-29-75, Formerly 6C1-6.13, Amended 5-19-93, 6-28-98, 5-30-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.014 IFAS; Vaccination of Personnel. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (8), 240.233 FS. History–New 9-29-75, Formerly 6C1-6.14, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.015 IFAS; Outside Activity Guidelines. Rulemaking Authority 1001.74(4) FS. Law Implemented 112.313, 1001.74(19) FS. History–New 9-29-75, Amended 9-15-83, Formerly 6C1-6.15, Amended 5-19-93, 7-15-97, 1-19-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.016 IFAS; Visitation to or Use of Certain Facilities. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 9-29-75, Formerly 6C1-6.16, Amended 5-19-93, 6-28-98, 3-12-03, 1-12-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.017 IFAS; Publications. Rulemaking Authority 240.227(1) FS. Law Implemented 240.501, 240.503, 240.505 FS. History–New 9-29-75, Amended 9-15-83, Formerly 6C1-6.17, Amended 5-19-93, 6-28-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.018 IFAS; Diagnostic Services. Rulemaking Authority 240.227(1) FS. Law Implemented 240.501, 240.503, 240.505 FS. History–New 9-29-75, Formerly 6C1-6.18, Amended 5-19-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.019 IFAS; Eligibility for Expanded Foods and Nutrition Education Program (EFNEP). Rulemaking Authority 240.227(1) FS. Law Implemented 240.501, 240.503, 240.505 FS. History–New 9-29-75, Formerly 6C1-6.19, Amended 5-19-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-6.021 IFAS; Guidelines for Implementation of the Plan as Related to 4-H Clubs and Florida Association for Family and Community Education Clubs. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), 240.501, 240.503, 240.505 FS., Title VI of the Civil Rights Act of 1964. History– New 3-9-76, Formerly 6C1-6.21, Amended 6-28-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C1-7 ACADEMIC AFFAIRS

Fla. Admin. Code R. 6C1-7 ACADEMIC AFFAIRS

CHAPTER 6C1-7 ACADEMIC AFFAIRS 6C1-7.001 Academic Affairs; Organization (Repealed) 6C1-7.0011 Academic Affairs; Applicability of Personnel Rules (Repealed) 6C1-7.002 Academic Affairs; Definition of Instructional and Research Faculty (Repealed) 6C1-7.003 Academic Affairs; Academic Personnel Employment Plan: Academic Appointments, Types of Appointments, Appointment Status Modifiers, and Academic-Administrative Classification Titles (Repealed) 6C1-7.0031 Academic Affairs; Eminent Scholars Program (Repealed) 6C1-7.004 Academic Affairs; Faculty and Appointments: Screening and Selection, Notice of Initial Appointments, Renewal of Appointments, and Delegation of Authority (Repealed) 6C1-7.0041 Academic Affairs; College of Medicine; Clinical Faculty Teaching Appointments; Restrictive Covenants (Repealed) 6C1-7.005 Academic Affairs; Equivalent Academic Titles; Tenure or Permanent Status Accruing (Repealed) 6C1-7.006 Academic Affairs; Faculty Classifications for Employees of Associate Agencies (Repealed) 6C1-7.007 Academic Affairs; Administrative and Professional Staff Appointments; Screening, Selection, Promotion, Notice of Appointments, and Renewal of Appointments (Transferred) 6C1-7.008 Academic Affairs; Rank of Emeritus Status; Eligibility (Repealed) 6C1-7.009 Academic Affairs; Faculty Appointments, Delegation of Authority (Repealed) 6C1-7.010 Academic Affairs; Faculty Evaluation and Improvement: General Policy, Areas of Performance to Be Evaluated, Sources of Data for Evaluation, Methods of Evaluation, Utilization of Evaluations, Junior Faculty Mentoring, Sustained Performance Evaluation and Administrative Evaluation (Repealed) 6C1-7.011 Academic Affairs; Evaluation and Improvement of Administrative and Professional Staff: General Policy, Methods of Evaluation, and Utilization of Evaluation (Transferred) 6C1-7.012 Academic Affairs; Faculty Appointments, Joint Status (Repealed) 6C1-7.013 Academic Affairs; Non-Renewal of Non-Tenured and Non-Permanent Status Faculty Appointments: Notice of Ending of Employment of Non-Tenured and Non-Permanent Status Faculty (Repealed) 6C1-7.014 Academic Affairs; Leave of Absence, Maternity Leave for Faculty (Repealed) 6C1-7.015 Academic Affairs; Leave of Absence, Military Service (Repealed) 6C1-7.016 Academic Affairs; Leave of Absence, Jury Service (Repealed) 6C1-7.017 Academic Affairs; Resignations (Repealed) 6C1-7.018 Academic Affairs; Academic Freedom and Responsibility (Repealed) 6C1-7.019 Academic Affairs; Tenure and Promotion: Definition, Eligibility, Granting of Tenure, Criteria, Procedures and Methods of Processing, Confidential Nature of Materials and Discussions, Reports and Appeals, Permanent Status and Sustained Performance Evaluations (Repealed) 6C1-7.020 Academic Affairs; Promotion of Administrative and Professional Staff (Transferred) 6C1-7.021 Academic Affairs; Promotion from Instructor to Assistant Professor (Repealed) 6C1-7.022 Academic Affairs; Instructors: Requirement of Promotion in Fourth Year of Employment or Notice of Non-Reappointment (Repealed) 6C1-7.023 Academic Affairs; Non-Tenured Faculty Members; Consideration for Tenure (Repealed) 6C1-7.024 Academic Affairs; Promotion and Tenure, Method of Processing (Repealed) 6C1-7.025 Academic Affairs; Permanent Status for County Extension Faculty and P. K. Yonge Developmental Research School Faculty (Repealed) 6C1-7.026 Academic Affairs; Promotion and Tenure, Criteria (Repealed) 6C1-7.027 Academic Affairs; Promotion and Tenure, Confidential Nature of Materials and Discussions (Repealed) 6C1-7.028 Academic Affairs; Instructional and Research Faculty: Contract Periods, Summer Employment, and Holidays (Repealed) 6C1-7.029 Academic Affairs; Leaves; Annual Leave, Sick Leave, Job Related Disability Leave, Compulsory Disability Leave, Military Leave, Jury Duty and Court Appearances, Professional Development and Faculty Development Leave Programs, Accrual During Leave with Pay, Leave without Pay, Maternity and Child Adoption Leave, and General Provisions (Repealed) 6C1-7.030 Academic Affairs; Promotion and Tenure, Reports and Appeals (Repealed) 6C1-7.031 Academic Affairs; Appeal Procedures, Faculty Grievances (Repealed) 6C1-7.032 Academic Affairs; Personnel Exchange Program (Repealed) 6C1-7.0321 Academic Affairs; Faculty Foreign Service (Repealed) 6C1-7.033 Academic Affairs; Tenure eligibility, VA Employees in J. Hillis Miller Health Center Colleges (Repealed) 6C1-7.034 Academic Affairs; Tenured Faculty Members Transferred to Other Departments (Repealed) 6C1-7.035 Academic Affairs; Perquisites and Benefits: Free Course Enrollment (Transferred) 6C1-7.036 Academic Affairs; Complaints Against Faculty Members (Repealed) 6C1-7.037 Academic Affairs; Academic Freedom and Tenure (Repealed) 6C1-7.038 Academic Affairs; Academic Freedom and Tenure Committee, Jurisdiction (Repealed) 6C1-7.039 Academic Affairs; Conflict of Interest (Transferred) 6C1-7.0391 Academic Affairs; Outside Employment (Transferred) 6C1-7.040 Academic Affairs; Employment of Relatives (Transferred) 6C1-7.041 Academic Affairs; Methods for Review and Resolution of Faculty Grievances (Repealed) 6C1-7.042 Academic Affairs; University Grievance Procedures for Faculty: Definitions, General Information and Procedures (Repealed) 6C1-7.044 Academic Affairs; Appeal Procedures and Jurisdiction: University Academic Freedom and Tenure Committee (Repealed) 6C1-7.0441 Academic Affairs; Appeal Procedures of the Faculty Senate Committee on Academic Freedom, Tenure, Professional Relations and Standards Committee (Repealed) 6C1-7.045 Academic Affairs; Disruptive Behavior (Transferred) 6C1-7.046 Academic Affairs; Code of Penalties for Faculty and Administrative and Professional Staff (Transferred) 6C1-7.048 Academic Affairs; Suspension, Termination, and Other Disciplinary Action for Faculty: Definition of Just Cause, Termination, Suspension, and Other Disciplinary Action, Suspension Pending Investigation, Notification and Records of Disciplinary Action (Repealed) 6C1-7.049 Academic Affairs; Suspension of Faculty Member Pending the Outcome of Formal Inquiry (Repealed) 6C1-7.050 Academic Affairs; Waiver of Non-Florida Tuition (Repealed) 6C1-7.051 Academic Affairs; The University Record (Repealed) 6C1-7.052 Academic Affairs; Transfer Early Registration and Orientation Program; Eligibility (Repealed) 6C1-7.053 Academic Affairs; Florida Museum of Natural History: Use and Loans 6C1-7.054 Academic Affairs; Florida Museum of Natural History: Loans (Repealed) 6C1-7.0541 Academic Affairs; Florida Museum of Natural History: Program of Vertebrate Paleontology 6C1-7.055 Academic Affairs; Last Week of Class Examination and Assignment Policy (Repealed) 6C1-7.056 Academic Affairs; P. K. Yonge Developmental Research School: Activity Fee (Repealed) 6C1-7.0561 Academic Affairs; P. K. Yonge Developmental Research School: Pupil Placement, Promotion and Graduation (Repealed) 6C1-7.0562 Academic Affairs; P. K. Yonge Developmental Research School: Student Conduct (Repealed) 6C1-7.0563 Academic Affairs; P. K. Yonge Laboratory School: Public Placement and Progression (Transferred) 6C1-7.0565 Academic Affairs; P. K. Yonge Developmental Research School: Admission Policy (Repealed) 6C1-7.0567 Academic Affairs; P. K. Yonge Laboratory School: General Requirements for High School Graduation (Transferred) 6C1-7.057 Academic Affairs; P. K. Yonge Developmental Research School: Use of Campus Facilities and Grounds (Repealed) 6C1-7.058 Academic Affairs; Classroom Attendance of Student Athletes (Repealed) 6C1-7.059 Academic Affairs; Degrees (Repealed) 6C1-7.060 Academic Affairs; Annual Sex Equity Salary Study (Transferred) 6C1-7.069 Academic Affairs; Sponsored Research (Repealed) 6C1-7.070 Academic Affairs; Division of Continuing Education (Repealed) 6C1-7.001 Academic Affairs; Organization. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (21) FS. History–New 12-9-75, Amended 3-26-80, 3-6-85, Formerly 6C1-7.01, Repealed 6-28-98. 6C1-7.0011 Academic Affairs; Applicability of Personnel Rules. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (19) FS. History–New 2-23-82, Amended 3-6-85, Formerly 6C1-7.011, Repealed 6-28-98. 6C1-7.002 Academic Affairs; Definition of Instructional and Research Faculty. Rulemaking Authority 240.227(1), (6), 240.209(3)(e) FS. Law Implemented 240.227(1), (6), 240.209(3)(e) FS. History–New 12-9-75, Amended 3-26-80, 3-6-85, Formerly 6C1-7.02, Repealed 11-13-90. 6C1-7.003 Academic Affairs; Academic Personnel Employment Plan: Academic Appointments, Types of Appointments, Appointment Status Modifiers, and Academic-Administrative Classification Titles. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 12-9-75, Amended 8-15-78, 8-19-79, Formerly 6C1-7.05, 6C1-7.06, 6C1-7.08, 6C1-7.12, Amended 3-26-80, 5-14-85, Formerly 6C1-7.03, Amended 4-30-95, 7-17-97, 6-28-98, 6-15-99, 6-21-00, 3-12-03, 6-3-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.0031 Academic Affairs; Eminent Scholars Program. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (19) FS. History–New 2-16-87, Repealed 6-28-98. 6C1-7.004 Academic Affairs; Faculty and Appointments: Screening and Selection, Notice of Initial Appointments, Renewal of Appointments, and Delegation of Authority. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 3-26-80, Amended 2-23-82, 3-6-85, Formerly 6C1-7.04, Amended 5-21-89, 6-28-98, 7-5-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.0041 Academic Affairs; College of Medicine; Clinical Faculty Teaching Appointments; Restrictive Covenants. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), 542.33(2)(a), 542.331, 542.335 FS. History–New 5-21-89, Amended 5-23-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.005 Academic Affairs; Equivalent Academic Titles; Tenure or Permanent Status Accruing. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Amended 8-15-78, Formerly 6C1-7.05, Repealed 3-26-80. 6C1-7.006 Academic Affairs; Faculty Classifications for Employees of Associate Agencies. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.06, Repealed 3-26-80. 6C1-7.007 Academic Affairs; Administrative and Professional Staff Appointments: Screening, Selection, Promotion, Notice of Appointments, and Renewal of Appointments. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (6), 120.53(1), 216.311 FS. History–New 3-26-80, Amended 2-23-82, Formerly 6C1-7.07, Transferred to 6C1-3.048. 6C1-7.008 Academic Affairs; Rank of Emeritus Status; Eligibility. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.08, Repealed 3-26-80. 6C1-7.009 Academic Affairs; Faculty Appointments, Delegation of Authority. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Amended 8-15-78, Formerly 6C1-7.09, Repealed 3-26-80. 6C1-7.010 Academic Affairs; Faculty Evaluation and Improvement: General Policy, Areas of Performance to Be Evaluated, Sources of Data for Evaluation, Methods of Evaluation, Utilization of Evaluations, Junior Faculty Mentoring, Sustained Performance Evaluation and Administrative Evaluation. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1012.91, 1012.94 FS. History–New 3-26-80, Amended 2-23-82, 3-6-85, Formerly 6C1-7.10, Amended 11-13-90, 6-28-98, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.011 Academic Affairs; Evaluation and Improvement of Admistrative and Professional Staff: General Policy, Methods of Evaluation, and Utilization of Evaluation. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (6), 240.253, 120.53(1) FS. History–New 4-25-80, Amended 2-23-82, Formerly 6C1-7.11, Transferred to 6C1-3.49. 6C1-7.012 Academic Affairs; Faculty Appointments, Joint Status. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.12, Repealed 3-26-80. 6C1-7.013 Academic Affairs; Non-Renewal of Non-Tenured and Non-Permanent Status Faculty Appointments: Notice of Ending of Employment of Non-Tenured and Non-Permanent Status Faculty. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1004.37 FS. History–New 3-26-80, Amended 2-23-82, 3-6-85, Formerly 6C1-7.13, Amended 5-19-93, 7-11-94, 6-28-98, 6-15-99, 6-27-02, 6-3-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.014 Academic Affairs; Leave of Absence, Maternity Leave for Faculty. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.14, Repealed 3-26-80. 6C1-7.015 Academic Affairs; Leave of Absence, Military Service. Rulemaking Authority 240.042 FS. Law Implemented 240.042, 115.08 FS. History–New 12-9-75, Formerly 6C1-7.15, Repealed 3-26-80. 6C1-7.016 Academic Affairs; Leave of Absence, Jury Service. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.16, Repealed 3-26-80. 6C1-7.017 Academic Affairs; Resignations. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (19) FS. History–New 12-9-75, Amended 3-26-80, 3-6-85, Formerly 6C1-7.17, Repealed 6-28-98. 6C1-7.018 Academic Affairs; Academic Freedom and Responsibility. Rulemaking Authority 240.227(1) FS. Law Implemented 240.105(2), 240.227(5), (19) FS. History–New 5-14-85, Formerly 6C1-7.18, Amended 6-28-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.019 Academic Affairs; Tenure and Promotion: Definition, Eligibility, Granting of Tenure, Criteria, Procedures and Methods of Processing, Confidential Nature of Materials and Discussions, Reports and Appeals, Permanent Status and Sustained Performance Evaluations. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–Formerly 6C1-7.26, 6C1-7.27, 6C1-7.30, 6C1-7.33, 6C1-7.34, New 3-26-80, Amended 3-6-85, Formerly 6C1-7.19, Amended 12-28-87, 5-21-89, 11-13-90, 5-18-92, 4-30-95, 7-15-97, 7-27-98, 1-12-00, 8-2-00, 7-29-01, 5-20-02, 6-3-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.020 Academic Affairs; Promotion of Administrative and Professional Staff. Rulemaking Authority 240.227(1), (5), (6), 120.53(1)(a) FS. Law Implemented 240.227(5), (6), 110.051(2)(e), 120.53(1)(a) FS. History–New 3-26-80, Formerly 6C1-7.20, Transferred to 6C1-3.54. 6C1-7.021 Academic Affairs; Promotion from Instructor to Assistant Professor. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.21, Repealed 3-26-80. 6C1-7.022 Academic Affairs; Instructors: Requirement of Promotion in Fourth Year of Employment or Notice of Non-Reappointment. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (19) FS. History–New 12-9-75, Amended 3-26-80, 3-6-85, Formerly 6C1-7.22, Amended 5-21-89, Repealed 6-28-98. 6C1-7.023 Academic Affairs; Non-Tenured Faculty Members; Consideration for Tenure. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.23, Repealed 3-26-80. 6C1-7.024 Academic Affairs; Promotion and Tenure, Method of Processing. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.24, Repealed 3-26-80. 6C1-7.025 Academic Affairs; Permanent Status for County Extension Faculty and P. K. Yonge Developmental Research School Faculty. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1004.37 FS. History–New 3-26-80, Amended 5-14-85, Formerly 6C1-7.25, Amended 4-30-95, 6-28-98, 5-20-02, 7-5-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.026 Academic Affairs; Promotion and Tenure, Criteria. Rulemaking Authority 240.042 FS. Law Implemented 240.042, 241.731(2)(c) FS. History–New 12-9-75, Formerly 6C1-7.26, Repealed 3-26-80. 6C1-7.027 Academic Affairs; Promotion and Tenure, Confidential Nature of Materials and Discussions. Rulemaking Authority 240.042, 239.78 FS. Law Implemented 240.042, 239.78 FS. History–New 12-9-75, Formerly 6C1-7.27, Repealed 3-26-80. 6C1-7.028 Academic Affairs; Instructional and Research Faculty: Contract Periods, Summer Employment, and Holidays. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (19) FS. History–New 3-26-80, Amended 5-14-85, Formerly 6C1-7.28, Repealed 6-28-98. 6C1-7.001 Academic Affairs; Organization. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (21) FS. History–New 12-9-75, Amended 3-26-80, 3-6-85, Formerly 6C1-7.01, Repealed 6-28-98. 6C1-7.029 Academic Affairs; Leaves; Annual Leave, Sick Leave, Job Related Disability Leave, Compulsory Disability Leave, Military Leave, Jury Duty and Court Appearances, Professional Development and Faculty Development Leave Programs, Accrual During Leave with Pay, Leave without Pay, Maternity and Child Adoption Leave, and General Provisions. Rulemaking Authority 115.07, 120.53(1)(a), (b), 240.227(1), (6), 250.48, 92.142 FS. Law Implemented 240.227(6), 110.117(1), 110.122, 120.53(1)(a), (b), 216.011(1)(x) FS. History–New 4-25-80, Amended 8-4-80, 5-14-85, Formerly 6C1-7.29, Repealed 7-17-97. 6C1-7.030 Academic Affairs; Promotion and Tenure, Reports and Appeals. Rulemaking Authority 240.042, 239.78 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.30, Repealed 3-26-80. 6C1-7.031 Academic Affairs; Appeal Procedures, Faculty Grievances. Rulemaking Authority 240.042 FS. Law Implemented 240.042, 120.57 FS. History–New 12-9-75, Formerly 6C1-7.31, Repealed 3-26-80. 6C1-7.032 Academic Affairs; Personnel Exchange Program. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 3-26-80, Amended 3-6-85, Formerly 6C1-7.32, Amended 3-12-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.0321 Academic Affairs; Faculty Foreign Service. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), (19) FS. History–New 8-26-81, Amended 3-6-85, Formerly 6C1-7.321, Repealed 6-28-98. 6C1-7.033 Academic Affairs; Tenure Eligibility, VA Employees in J. Hillis Miller Health Center Colleges. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.33, Repealed 3-26-80. 6C1-7.034 Academic Affairs; Tenured Faculty Members Transferred to Other Departments. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.34, Repealed 3-26-80. 6C1-7.035 Academic Affairs; Perquisites and Benefits: Free Course Enrollment. Rulemaking Authority 240.227(1), (10(, 120.53(1)(a), (b) FS. Law Implemented 240.227(10), 120.53(1)(a), (b) FS. History–New 3-26-80, Formerly 6C1-7.35, Transferred to 6C1-1.12. 6C1-7.036 Academic Affairs; Complaints Against Faculty Members. Rulemaking Authority 229.0081(2) FS. Law Implemented 229.0081(2)(m), 229.0082(3) FS. History–New 12-9-75, Amended 3-26-80, 5-14-85, Formerly 6C1-7.36, Amended 7-28-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.037 Academic Affairs; Academic Freedom and Tenure. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.37, Repealed 3-26-80. 6C1-7.038 Academic Affairs; Academic Freedom and Tenure Committee, Jurisdiction. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.38, Repealed 3-26-80. 6C1-7.039 Academic Affairs; Conflict of Interest. Rulemaking Authority 240.227(1), (6), 120.53(1)(a) FS. Law Implemented 240.227(6), 120.53(1)(a), 110.205(2)(e)2., Part III, Chapter 112 FS. History–New 4-25-80, Formerly 6C1-7.39, Transferred to 6C1-1.10. 6C1-7.0391 Academic Affairs; Outside Employment. Rulemaking Authority 240.227(1), (6), 120.53(1)(a), Part III, Chapter 112 FS. Law Implemented 240.227(6), 120.53(1)(a), Part III, Chapter 112, 110.205(2)(e)2. FS. History–New 5-28-80, Formerly 6C1-1.11, Transferred to 6C1-7.391. 6C1-7.040 Academic Affairs; Employment of Relatives. Rulemaking Authority 240.227(1), (5), (6), 120.53(1)(a) FS. Law Implemented 240.227(5), (6), 120.53(1)(a) FS. History–New 3-26-80, Formerly 6C1-7.40, Transferred to 6C1-1.09. 6C1-7.041 Academic Affairs; Methods for Review and Resolution of Faculty Grievances. Rulemaking Authority 240.227(1) FS. Law Implemented 120.54(5), 240.227(5), (19) FS. History–New 3-6-80, Amended 2-23-82, 5-14-85, Formerly 6C1-7.41, Amended 4-30-95, 7-27-98, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.042 Academic Affairs; University Grievance Procedures for Faculty: Definitions, General Information and Procedures. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 3-26-80, Amended 2-23-82, 5-14-85, Formerly 6C1-7.42, Amended 6-28-98, 6-21-00, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.044 Academic Affairs; Appeal Procedures and Jurisdiction: University Academic Freedom and Tenure Committee. Rulemaking Authority 240.227(1), (5), (6), 120.53(1)(a) FS. Law Implemented 240.227(5), (6), 120.53(1)(a), 120.57 FS. History–New 3-26-80, Formerly 6C1-7.44, Repealed 4-30-95. 6C1-7.0441 Academic Affairs; Appeal Procedures of the Faculty Senate Committee on Academic Freedom, Tenure, Professional Relations and Standards Committee. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 4-30-95, Amended 5-22-01, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.045 Academic Affairs; Disruptive Behavior. Rulemaking Authority 240.227(1), (6), 120.53(1)(a), 240.261(2) FS. Law Implemented 240.227(6), 240.132, 120.53(1)(a), 240.261(1) FS. History–New 3-26-80, Formerly 6C1-7.45, Transferred to 6C1-1.08. 6C1-7.046 Academic Affairs; Code of Penalties for Faculty and Administrative and Professional Staff. Rulemaking Authority 240.227(1), (6), 120.53(1)(a), 240.261(2) FS. Law Implemented 240.227(6), 240.261(1), 120.53(1)(a) FS. History–New 4-25-80, Formerly 6C1-7.46, Transferred to 6C1-1.07. 6C1-7.048 Academic Affairs; Suspension, Termination, and Other Disciplinary Action for Faculty: Definition of Just Cause, Termination, Suspension, and Other Disciplinary Action, Suspension Pending Investigation, Notification and Records of Disciplinary Action. Rulemaking Authority 1001.74(4), 1012.92(1) FS. Law Implemented 1001.74(19), 1001.75(3), 1012.92 FS. History–New 3-26-80, Amended 5-14-85, Formerly 6C1-7.48, Amended 7-27-98, 5-22-01, 3-12-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.049 Academic Affairs; Suspension of Faculty Member Pending the Outcome of Formal Inquiry. Rulemaking Authority 240.042 FS. Law Implemented 240.042 FS. History–New 12-9-75, Formerly 6C1-7.49, Repealed 3-26-80. 6C1-7.050 Academic Affairs; Waiver of Non-Florida Tuition. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (13), (21) FS. History–New 3-6-85, Formerly 6C1-7.50, Repealed 6-28-98. 6C1-7.051 Academic Affairs; The University Record. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10),1006.50, 1006.51, 1006.53 FS. History–New 12-9-75, Amended 3-9-76, 4-5-77, 8-15-78, 8-19-79, 3-16-80, 7-12-80, 8-26-81, 3-6-85, 10-14-85, Formerly 6C1-7.51, Amended 2-16-87, 12-28-87, 5-21-89, 4-17-90, 11-13-90, 7-15-91, 7-1-92, 7-12-93, 7-11-94, 6-15-95, 5-23-96, 7-7-97, 7-19-98, 6-24-99, 6-21-00, 7-8-01, 2-5-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.052 Academic Affairs; Transfer Early Registration and Orientation Program; Eligibility. Rulemaking Authority 240.227(1) FS. Law Implemented 240.2297(2), 240.227(1), 240.233 FS. History–New 12-9-75, Formerly 6C1-7.52, Repealed 6-28-98. 6C1-7.053 Academic Affairs; Florida Museum of Natural History: Use and Loans. (1) The Florida Museum of Natural History’s hours of operation will be promulgated by the Director or his/her designee and appropriately posted. (a) Guided tours of the Florida Museum of Natural History must be arranged in advance. (b) Meeting space in the public areas of the Museum may be provided to groups whose purposes coincide with the objectives and functions of the Museum. This determination is the prerogative of the Director of the Museum. Any additional cost incurred by the Museum in making its facilities available will be paid by the group using the facility. (c) Casual photography of exhibits for personal use is allowed except when “Photograph Prohibited’ signs are posted for special exhibitions. Photography for any form of publication or commercial purpose is prohibited unless pursuant to a contract with the University as approved by the Director or the Director’s designee. This photography policy will be strictly enforced because of artifact conservation reasons and exhibition contractual obligations. (2) Loans of natural history specimens, objects, artifacts, and equipment are made only to accredited institutions of scientific, educational, or similar nature by the Director or his/her designee. Rulemaking Authority 240.227(1), 240.515 FS. Law Implemented 240.515 FS. History–New 12-9-75, Amended 3-26-80, Formerly 6C1-7.53, Amended 7-11-94, 7-27-98. 6C1-7.054 Academic Affairs; Florida Museum of Natural History: Loans. Rulemaking Authority 240.227(1), 240.515 FS. Law Implemented 240.515 FS. History–New 12-9-75, Amended 3-26-80, Formerly 6C1-7.54, Amended 7-11-94, Repealed 7-27-98. 6C1-7.0541 Academic Affairs; Florida Museum of Natural History: Program of Vertebrate Paleontology. (1) The Program of Vertebrate Paleontology, a part of the Florida Museum of Natural History, has been established by the Florida Legislature. To this end, the Director of the Florida Museum of Natural History shall appoint a curator of the Museum as the Director of the Program of Vertebrate Paleontology. Other personnel may be assigned to the Program as the Director of the Museum deems it necessary. (2) The Director of the Program of Vertebrate Paleontology shall develop a statewide plan concerning the preservation of paleontological resources. The Director of the Program shall seek the cooperation of the Florida Paleontological Society, the Department of Natural Resources and the Department of State, as well as other state institutions, professional vertebrate paleontologists, and other individuals whose occupation may bring them in contact with paleontological sites, in locating, acquiring, and preserving the vertebrate fossil heritage of the state. (3) Any person with an interest in Florida vertebrate fossils is qualified to apply for a field investigation permit. However, a permit shall not constitute an authorization to anyone to sell or purchase vertebrate fossils unless said fossils have been determined to be “non-essential fossils” pursuant to subsection (10) of this rule. (4) The following persons must have a field investigation permit: (a) Any person or entity buying, selling or trading vertebrate fossils found on or under state-owned or leased land, or on state-designated vertebrate paleontology sites; and/or, (b) Any person or entity engaged in the systematic collection, acquisition, excavation, salvage, exhumation, or restoration of vertebrate fossils found on state-owned or leased land or on state-designated vertebrate paleontology sites. “Systematic collection” is hereby characterized by one or more of the following three features:

1. Volume of collections of vertebrate fossils in excess of one gallon at one site; and/or,
2. Use of any power-driven machinery or mechanical excavating tools of any size or hand tools greater two (2) feet in length; and/or,
3. Repetitive visitation and collection at a particular site, totalling more than three (3) full days or a maximum of twenty-four (24) hours during a period of one year. (5) To obtain a field investigation permit the applicant must: (a) Obtain a permit application form from the Program of Vertebrate Paleontology, entitled “Application for Permit”, which is incorporated by reference in this rule, at the address indicated in paragraph (b) below. (b) Complete and return to the Program of Vertebrate Paleontology, Florida Museum of Natural History, University of Florida, Gainesville, Florida 32611, the application form, accompanied by a self-identification document such as a certified copy of the applicant’s birth certificate, a copy of his or her driver’s license or passport, and a check or money order for $5.00 (five dollars U.S. currency) payable to the Program of Vertebrate Paleontology. (6) Permits are ordinarily issued to individuals. No permit-holder shall assign or sublet the permit to any other entity(ies) or person(s). However, multiple-user permits and special institutional permits may be granted as follows: (a) A multiple-user permit will be granted to an individual representing an organization or institution. Multiple individuals may collect under such a permit as long as the permit holder is present to supervise them and report on the results of their work as if it were his or her own in accordance with subsection (8) below. (b) Special institutional permits may be granted to accredited permanent research institutions for long-term scientific and educational purposes. (7) Field investigation permits are valid for one calendar year from the date of issue, unless disqualified as indicated in subsection (9) below. (8) A permit-holder has the following obligations: (a) To report any unusual, unique or rare specimen or unusually rich or extensive site to the Program of Vertebrate Paleontology as soon as possible. (b) To maintain all vertebrate fossils collected, other than sharks’ teeth, until sixty (60) days have elapsed from the date of compliance with paragraph (8)(c) below. (c) To submit to the Director of the Program of Vertebrate Paleontology or the Director’s designee(s) at any convenient time, but no later than the end of the permit year, a list of vertebrate fossils or fossil lots collected during the permit year along with appropriate locality information; or the actual collections along with appropriate locality information. (d) To carry the permit with him/her during any field investigations for fossil vertebrates and to be prepared to present the permit and a picture identification to any law enforcement officer who may request them. (9) Any permit-holder failing to fulfill any of the obligations contained in subsection (8) above may have his/her permit revoked and will be ineligible for future permits for a period of up to three (3) years, or until such obligations have been fulfilled, or both. In addition, the Program of Vertebrate Paleontology may take legal action against the permit-holder in accordance with the provisions of Chapter 84-316, Laws of Florida. (10) If within sixty (60) days of receipt of the list or the actual collection referred to in paragraph (8)(c) above, the Program of Vertebrate Paleontology does not request the permittee to donate one or more of the vertebrate fossils to the Florida Museum of Natural History, the fossils are released to the permittee as “non-essential fossils”. Such non-essential fossils may be sold or otherwise disposed of by permit-holders as they choose. (11) A field investigation permit for vertebrate fossils shall not relieve the permit-holder of his or her responsibility to comply with other federal, state, county, and city laws, regulations or ordinances, including provisions for the archaeological heritage of Florida under the Department of State, chapter 267, F.S., and environmental laws and regulations governing soils, sediments, freshwater and marine waters. Rulemaking Authority 240.227(1), 240.515, 240.5162(1) FS. Law Implemented 240.516, 240.5161, 240.5162 FS. History–New 3-6-85, Amended 7-11-94. 6C1-7.055 Academic Affairs; Last Week of Class Examination and Assignment Policy. Rulemaking Authority 229.0081(2) FS. Law Implemented 229.0082(7) FS. History–New 12-9-75, Amended 3-26-80, 3-6-85, Formerly 6C1-7.55, Amended 6-27-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.056 Academic Affairs; P. K. Yonge Developmental Research School: Activity Fee. Rulemaking Authority 240.227(1), 228.053(5) FS. Law Implemented 240.227(1), 228.053(5) FS. History–New 5-20-76, Amended 3-26-80, 8-12-82, 6-13-83, 5-14-85, Formerly 6C1-7.56, Amended 2-16-87, 7-11-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.0561 Academic Affairs; P. K. Yonge Developmental Research School: Pupil Placement, Promotion and Graduation. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), 1002.32 FS. History–New 8-4-80, Formerly 6C1-7.563, 6C1-7.567, Amended 5-14-85, Formerly 6C1-7.561, Amended 7-11-94, 9-1-99, 9-4-00, 2-5-03, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.0562 Academic Affairs; P. K. Yonge Developmental Research School: Student Conduct. Rulemaking Authority 1001.74(4), 1006.60(1) FS. Law Implemented 1001.74(10), 1002.32, 1006.07, 1006.60 FS. History–New 5-14-85, Formerly 6C1-7.562, Amended 7-11-94, 9-1-99, 9-4-00, 1-7-03, 5-30-04, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.0563 Academic Affairs; P. K. Yonge Laboratory School: Public Placement and Progression. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 232.245 FS. History–New 8-4-80, Formerly 6C1-7.563, Transferred to 6C1-7.561. 6C1-7.0565 Academic Affairs; P. K. Yonge Developmental Research School: Admission Policy. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), 1002.32 FS. History–New 8-4-80, Amended 5-14-85, Formerly 6C1-7.565, Amended 7-11-94, 4-30-95, 7-15-97, 9-4-00, 1-7-03, 7-19-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.0567 Academic Affairs; P. K. Yonge Laboratory School: General Requirements for High School Gradulation. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 232.246 FS. History–New 8-4-80, Formerly 6C1-7.567, Transferred to 6C1-7.561. 6C1-7.057 Academic Affairs; P. K. Yonge Laboratory School: Use of Campus Facilities and Grounds. Rulemaking Authority 240.227(1) FS. Law Implemented 228.091, 240.227(13) FS. History–New 8-15-78, Amended 3-26-80, 5-14-85, Formerly 6C1-7.57, Amended 7-11-94, Repealed 7-27-98. 6C1-7.058 Academic Affairs; Classroom Attendance of Student Athletes. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(15) FS. History–New 8-12-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C1-7.059 Academic Affairs; Degrees. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(17) FS. History–New 3-26-80, Amended 3-6-85, Formerly 6C1-7.59, Repealed 6-28-98. 6C1-7.060 Academic Affairs; Annual Sex Equity Salary Study. Rulemaking Authority 240.227(1), (5), 240.247, 120.53(1)(a) FS. Law Implemented 240.227(5), 240.247, 241.735, 120.53(1)(a) FS. History–New 3-26-80, Formerly 6C1-7.60, Transferred to 6C1-1.13. 6C1-7.069 Academic Affairs; Sponsored Research. Rulemaking Authority 240.227(1), 240.241(2) FS. Law Implemented 240.241 FS. History–New 8-26-81, Formerly 6C1-7.69, Repealed 6-28-98. 6C1-7.070 Academic Affairs; Division of Continuing Education. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(9), (10) FS. History–New 8-4-80, Formerly 6C1-7.70, Repealed 6-28-98.

Division 6C9 University of North Florida

Chapter 6C9-1 ORGANIZATION

Fla. Admin. Code R. 6C9-1 ORGANIZATION

CHAPTER 6C9-1 ORGANIZATION 6C9-1.001 Location (Repealed) 6C9-1.002 Purpose (Repealed) 6C9-1.0025 Equal Opportunity and Affirmative Action (Repealed) 6C9-1.003 University Organization and Functions (Repealed) 6C9-1.004 General Information Concerning the University of North Florida (Repealed) 6C9-1.005 Statutory Chapters and Rules (Repealed) 6C9-1.006 Public Access to University Proceedings (Repealed) 6C9-1.007 Order of Succession to Temporary Presidential Authority (Repealed) 6C9-1.008 Petition to Initiate Rule-Making Proceeding (Repealed) 6C9-1.009 Declaratory Statements by University (Repealed) 6C9-1.010 Rule Hearings, Presentation of Arguments, Presentation of Evidence (Repealed) 6C9-1.011 Public Information Policy (Repealed) 6C9-1.012 Records Management and University Archives (Repealed) 6C9-1.013 Disruptive Behavior (Repealed) 6C9-1.001 Location. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a) FS. History–New 6-21-76, Amended 9-26-83, Formerly 6C9-1.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.002 Purpose. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1), (26) FS. History–New 6-21-76, Amended 6-20-85, Formerly 6C9-1.02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.0025 Equal Opportunity and Affirmative Action. Rulemaking Authority 240.227(1) FS. Law Implemented 760.01, 110.105, 112.044, 240.227(1), (6) FS. History–New 5-12-83, Formerly 6C9-1.025, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.003 University Organization and Functions. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 6-21-76, Amended 4-6-80, 5-13-85, Formerly 6C9-1.03, Amended 6-23-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.004 General Information Concerning the University of North Florida. Rulemaking Authority 129.53(1) FS. Law Implemented 240.042, 240.052(2)(c) FS. History–New 6-21-76, Formerly 6C9-1.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.005 Statutory Chapters and Rules. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 6-21-76, Formerly 6C9-1.05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.006 Public Access to University Proceedings. Rulemaking Authority 240.042, 286.011 FS. Law Implemented 240.042, 286.011 FS. History–New 6-21-76, Formerly 6C9-1.06, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.007 Order of Succession to Temporary Presidential Authority. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.202, 240.227(1) FS. History–New 6-21-76, Formerly 6C9-1.07, Amended 6-3-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. B.O.R. Rule 6C-4.001(5)(i), F.A.C. 6C9-1.008 Petition to Initiate Rule-Making Proceeding. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(c), 120.54(5) FS. History–New 5-12-83, Formerly 6C9-1.08, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.009 Declaratory Statements by University. Rulemaking Authority 120.565, 240.227(1) FS. Law Implemented 120.53(1)(c), 120.565 FS. History–New 5-12-83, Formerly 6C9-1.09, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.010 Rule Hearings, Presentation of Arguments, Presentation of Evidence. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(c), 120.58 FS. History–New 5-12-83, Formerly 6C9-1.10, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.011 Public Information Policy. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), (24), (26) FS. History–New 10-6-83, Formerly 6C9-1.11, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.012 Records Management and University Archives. Rulemaking Authority 120.53(1)(a), 240.227(1) FS., 1A-24, F.A.C. Law Implemented 120.53(1)(a), 257.36(5), (6), (7) FS. History–New 11-24-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-1.013 Disruptive Behavior. Rulemaking Authority 1001.74(4), (10)(e), (19), 1006.60(5), 1012.92(3) FS. Law Implemented 1001.74(10)(e), (19), 1006.60, 1012.92 FS. History– New 5-16-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C9-2 ACADEMIC AFFAIRS

Fla. Admin. Code R. 6C9-2 ACADEMIC AFFAIRS

CHAPTER 6C9-2 ACADEMIC AFFAIRS 6C9-2.003 Grading Practice and Grade Point Average (Repealed) 6C9-2.004 Declaratory Statements (Repealed) 6C9-2.005 Continuing Education (Repealed) 6C9-2.006 Use of University Library (Repealed) 6C9-2.009 Sponsored Research; Exemptions From General Accounting and Purchasing Procedures (Repealed) 6C9-2.010 Copyrights and Patents (Repealed) 6C9-2.011 Deletion of Courses from Catalogs and Common Course Designation and Numbering System (Repealed) 6C9-2.012 Religious Observances (Repealed) 6C9-2.003 Grading Practice and Grade Point Average. Rulemaking Authority 240.042(1) FS. Law Implemented 240.042(2)(g) FS. History–New 6-21-76, Formerly 6C9-2.03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-2.004 Declaratory Statements. Rulemaking Authority 240.042(1) FS. Law Implemented 120.565 FS. History–New 6-21-76, Formerly 6C9-2.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-2.005 Continuing Education. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(11) FS. History–New 6-23-85, Formerly 6C9-2.05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-2.006 Use of University Library. Rulemaking Authority 120.53(1)(b), 240.227(1), 240.261(1), 240.268(2) FS. Law Implemented 120.53(1)(b), 240.227(13), 240.261(1), 806.13, 812.014 FS. History–New 9-15-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-2.009 Sponsored Research; Exemptions From General Accounting and Purchasing Procedures. Rulemaking Authority 240.227(1), 240.241(2) FS. Law Implemented 240.209(1), 240.241, 287.057 FS. History–New 4-10-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-2.010 Copyrights and Patents. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1), 240.229 FS. History–New 6-1-93, Repealed by Section 19, Chapter 2011-177, Laws of Florida. 6C9-2.011 Deletion of Courses from Catalogs and Common Course Designation and Numbering System. Rulemaking Authority 240.227(1) FS. Law Implemented 233.015 FS. History–New 6-22-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-2.012 Religious Observances. Rulemaking Authority 120.53(1)(b), 240.134, 240.227(1) FS. Law Implemented 240.134, 240.227(1) FS. History–New 5-7-89, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C9-3 STUDENTS

Fla. Admin. Code R. 6C9-3 STUDENTS

CHAPTER 6C9-3 STUDENTS 6C9-3.001 Student Appeal Procedures (Repealed) 6C9-3.002 Child Development Research Center (Repealed) 6C9-3.003 Admissions (Repealed) 6C9-3.004 Admission from Secondary School (Repealed) 6C9-3.005 Admission Requirements – Transfer (Repealed) 6C9-3.006 Admission Requirements – Graduate (Repealed) 6C9-3.007 Special Graduate Admission Requirements (Repealed) 6C9-3.008 Admission Requirements – Post-Baccalaureate (Repealed) 6C9-3.009 Admission Requirements – International Students (Repealed) 6C9-3.010 Admission Requirements – Interinstitutional Transient Students (Repealed) 6C9-3.011 Admission Requirements – Other Transient Students (Repealed) 6C9-3.012 Admission Requirements – Special Students (Repealed) 6C9-3.013 Re-Admission (Repealed) 6C9-3.014 Non-Degree Registration (Repealed) 6C9-3.015 Student Records – Accessing (Repealed) 6C9-3.101 Student Financial Assistance (Repealed) 6C9-3.233 Residential Life (Repealed) 6C9-3.3002 University of North Florida; Prohibition Against Hazing 6C9-3.381 Student Conduct Code (Repealed) 6C9-3.401 University Financial Services (Repealed) 6C9-3.402 Third-party Sponsors (Repealed) 6C9-3.001 Student Appeal Procedures. Rulemaking Authority 240.227(1), 240.531 FS. Law Implemented 120.53(1)(a), 240.531 FS. History–New 6-21-76, Formerly 6C9-3.01, Repealed 12-30-92. 6C9-3.002 Child Development Research Center. Rulemaking Authority 240.227(1), 240.531 FS. Law Implemented 120.53(1)(a), 240.531 FS. History–New 6-21-76, Formerly 6C9-3.02, Amended 11-17-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.003 Admissions. Rulemaking Authority 120.53(1)(a), 240.209(1), 240.227(1), (8), 240.233 FS. Law Implemented 120.53(1)(a), 240.209(1), 240.233 FS. History–New 3-20-84, Formerly 6C9-3.03, Amended 12-10-86, 4-16-96, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. B. O. R. Rule Chapter 6C-6, F.A.C. 6C9-3.004 Admission from Secondary School. Rulemaking Authority 240.227(1), (8), 240.233 FS. Law Implemented 120.53(1)(a), 240.233 FS. History–New 3-20-84, Formerly 6C9-3.04, Amended 12-10-86, 7-31-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.005 Admission Requirements – Transfer. Rulemaking Authority 240.115, 240.227(1), (8) FS. Law Implemented 240.115, 240.227(8), 240.233 FS. History–Formerly 6C9-2.01, Amended 3-20-84, Formerly 6C9-3.05, Amended 12-10-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.006 Admission Requirements – Graduate. Rulemaking Authority 240.227(8), 240.233 FS. Law Implemented 240.227(8), 240.233 FS. History–Formerly 6C9-2.02, Amended 3-20-84, Formerly 6C9-3.06, Amended 12-10-86, 7-31-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. 6C-7.002, 6C-7.003(3), F.A.C. 6C9-3.007 Special Graduate Admission Requirements. Rulemaking Authority 120.53(1)(a), 240.227(1), (8), 240.233 FS. Law Implemented 240.227(8), 240.233 FS. History–New 3-20-84, Formerly 6C9-3.07, Amended 12-10-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.008 Admission Requirements – Post-Baccalaureate. Rulemaking Authority 120.53(1)(a), 240.227(1), (8), 240.233 FS. Law Implemented 240.227(8), 240.233 FS. History–New 3-20-84, Formerly 6C9-3.08, Amended 12-10-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.009 Admission Requirements – International Students. Rulemaking Authority 240.227(1), (8), 240.233 FS. Law Implemented 240.227(8), 240.233 FS. History–New 3-20-84, Formerly 6C9-3.09, Amended 12-10-86, 7-31-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. Cf. 6C-6.009, 6C-7.003(3), F.A.C. 6C9-3.010 Admission Requirements – Interinstitutional Transient Students. Rulemaking Authority 120.53(1)(a), 240.227(1), (8), 240.233 FS. Law Implemented 240.227(1), (8), 240.233 FS. History–New 3-20-84, Formerly 6C9-3.10, Amended 12-10-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.011 Admission Requirements – Other Transient Students. Rulemaking Authority 120.53(1)(a), 240.227(1), (8), 240.233 FS. Law Implemented 240.227(1), (8), 240.233 FS. History–New 3-20-84, Formerly 6C9-3.11, Amended 12-10-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.012 Admission Requirements – Special Students. Rulemaking Authority 240.227(1), (8), 240.233 FS. Law Implemented 240.227(1), (8), 240.233 FS. History–New 3-20-84, Formerly 6C9-3.12, Amended 12-10-86, 7-31-97, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.013 Re-Admission. Rulemaking Authority 120.53(1)(a), 240.227(1), (8), 240.233 FS. Law Implemented 240.227(1), (8), 240.233 FS. History–New 3-20-84, Formerly 6C9-3.13, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.014 Non-Degree Registration. Rulemaking Authority 120.53(1)(a), 240.227(1), (8), 240.233 FS. Law Implemented 240.227(1), (8), 240.233 FS. History–New 3-20-84, Formerly 6C9-3.14, Amended 12-10-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.015 Student Records – Accessing. Rulemaking Authority 240.227(1), 240.237 FS. Law Implemented 228.093, 240.237 FS. History–New 5-13-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.101 Student Financial Assistance. Rulemaking Authority 240.227(1), 240.287 FS. Law Implemented 120.53(1)(a), 240.209(3)(d), 240.227(1), 240.281(2), (3), 240.287 FS. History–New 5-17-87, Amended 9-9-87, 11-1-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.233 Residential Life. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.209(3)(n), (4), 240.227(1), 243.04 FS. History–New 12-28-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.3002 University of North Florida; Prohibition Against Hazing. (1) Statement of Policy – Actions or statements which by design or intent amount to intimidation or hazing are prohibited, and shall be prevented and adjudicated by the University whenever possible. This policy shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing. (2) “Hazing” means any group or individual action or activity which recklessly or intentionally inflicts or intends to inflict physical or mental harm or discomfort, or which may demean, disgrace, or degrade any person, regardless of location, intent, or consent of participant(s). The actions of either active, associate or prospective members of an organization may be considered hazing. For purposes of this section, any activity as described herein upon which the initiation or admission into or affiliation with a University organization is directly or indirectly conditioned shall be presumed to be a “forced” activity, the willingness of an individual to participate in such activity not withstanding. However, it is not necessary to have direct proof that a person’s initiation or continued membership is contingent upon participation in the activity for a charge of hazing to be upheld. Hazing includes, but is not limited to: (a) Interference with a student’s academic performance. (b) Forced consumption or intake of any food, alcohol, drug or any other substance. (c) Brutality: any brutality of a physical nature such as whipping; beating; branding; exclusion from social contact; forced calisthenics; exposure to the elements; or any activity which could adversely affect the physical and/or mental health or dignity of the individual. (d) Deprivation of food or sleep. (e) Kidnapping. (f) Any activity that would subject the individual to embarrassment, humiliation or potential harm. (3) Any person having knowledge of any activity or statement which may constitute hazing should contact the Student Life Office; Greek Affairs Coordinator or Office of the Vice President for Student Affairs. Actions to enforce the University’s prohibition against hazing will be conducted pursuant to the Student Conduct Code at rule 6C9-3.381, F.A.C. (4) Penalties – The penalties described below may be imposed for violation of the prohibition, regardless of whether the violation occurred on or off campus, and shall be in addition to any other penalty to which a student may be subject for violations of the criminal laws of Florida or any other applicable University rule or policy. (a) Individuals subject to University jurisdiction found guilty of hazing violations will receive penalties including the imposition of fines, the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines, and the imposition of reprimand, probation, suspension, or dismissal. (b) Organizations subject to University jurisdiction which authorize hazing in blatant disregard of these rules will be penalized by revocation of permission for the organization to be registered, to meet on campus and to use campus facilities, and, in the case of fraternities and sororities, the right to exist at the University of North Florida. (c) All penalties imposed under the authority of this subsection shall be in addition to any penalty imposed for violation of any of the criminal laws of this state or for violation of any other rule of the institution to which the violator may be subject. (5) Copies of this policy, and rules concerning violations, penalties, and process for enforcement will be distributed to students enrolled in the University, and shall be incorporated in the bylaws of every organization operating under the sanction of the University. Rulemaking Authority 1001.74(10)(d), 1006.63(2) FS. Law Implemented 1001.74(10)(d), 1006.63 FS. History–New 5-16-04. 6C9-3.381 Student Conduct Code. Rulemaking Authority 240.227(1), 240.261, 240.262 FS. Law Implemented 120.53(1)(b), (c), 120.57(1)(a)6., 228.093, 240.132(1), (2)(b), 240.202, 240.227(1), 240.237, 240.261, 240.262 FS. History–New 4-9-86, Amended 7-2-89, 5-13-91, 6-9-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.401 University Financial Services. Rulemaking Authority 120.53(1), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1), 240.291, 832.07 FS. History–New 5-26-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-3.402 Third-party Sponsors. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.291 FS. History–New 5-26-93, Repealed by Section 20, Chapter 2011-177, Laws of Florida.

Chapter 6C9-4 PERSONNEL

Fla. Admin. Code R. 6C9-4 PERSONNEL

CHAPTER 6C9-4 PERSONNEL 6C9-4.001 Perquisites and Benefits (Repealed) 6C9-4.003 Meritorious Service Awards Program (Repealed) 6C9-4.015 Sexual Harassment (Repealed) 6C9-4.021 Appointment Procedures for University Support Personnel System (USPS) Employees (Repealed) 6C9-4.025 Non-reappointment and Resignation of University of North Florida Administrative and Professional Staff (Repealed) 6C9-4.026 Grievance Procedure – Non-Unit Faculty and Administrative and Professional Employees (Repealed) 6C9-4.027 Discipline and Termination for Cause of Non-unit Faculty and Administrative and Professional Employees (Repealed) 6C9-4.030 Conflict of Interest (Repealed) 6C9-4.031 Outside Employment (Repealed) 6C9-4.032 Employment of Relatives (Nepotism) (Repealed) 6C9-4.033 Political Activity (Repealed) 6C9-4.035 Employee Debt Collection (Repealed) 6C9-4.036 Personnel Records; Limited Access 6C9-4.1010 University of North Florida; Personnel Records – Limited Access 6C9-4.1011 University of North Florida; Faculty Assignment and Evaluation (Repealed) 6C9-4.001 Perquisites and Benefits. Rulemaking Authority 240.209, 240.227 FS. Law Implemented 240.227(1), (10) FS., Chapter 79-212, Section 21, Laws of Florida. History–New 11-14-79, Formerly 6C9-4.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-4.003 Meritorious Service Awards Program. Rulemaking Authority 120.53(1)(b), 240.227(1) FS. Law Implemented 240.2111 FS. History–New 12-20-87, Amended 1-31-89, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-4.015 Sexual Harassment. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 110.105, 110.112, 120.53(1)(c), 228.2001, 240.227(6), 240.261(2), 287.093, 287.094, 760.01, 760.10 FS. History–New 12-21-83, Amended 5-15-85, Formerly 6C9-4.15, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-4.021 Appointment Procedures for University Support Personnel System (USPS) Employees. Rulemaking Authority 120.53(1), 240.227(1), (5) FS. Law Implemented 120.53(1), 240.227(1), (5) FS. History–New 6-22-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-4.025 Non-reappointment and Resignation of University of North Florida Administrative and Professional Staff. Rulemaking Authority 240.227(1) FS. Law Implemented 240.209(3)(e), 240.227(5) FS. History–New 10-23-83, Formerly 6C9-4.25, Amended 11-28-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-4.026 Grievance Procedure - Non-Unit Faculty and Administrative and Professional Employees. Rulemaking Authority 240.227(1) FS. Law Implemented 120.57, 240.227(1), (5) FS. History–New 7-16-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-4.027 Discipline and Termination for Cause of Non-unit Faculty and Administrative and Professional Employees. Rulemaking Authority 120.53(1)(a), 440.227(1) FS. Law Implemented 120.53(1)(c), 240.227(1), (5) FS. History–New 7-16-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-4.030 Conflict of Interest. Rulemaking Authority 240.227(1), (5) FS. Law Implemented 112.313, 112.3145, 240.227(1), (5) FS. History–New 6-30-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-4.031 Outside Employment. Rulemaking Authority 120.53(1)(a), 240.227(1), (5) FS. Law Implemented 120.53(1)(a), 240.227(5) FS. History–New 7-22-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-4.032 Employment of Relatives (Nepotism). Rulemaking Authority 120.53(1)(a), 240.227(1), (5) FS. Law Implemented 120.53(1)(a), 240.227(1), (5) FS. History–New 7-27-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-4.033 Political Activity. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 104.31, 112.313, 120.53(1)(a), 240.227(1), 240.261 FS. History–New 6-30-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-4.035 Employee Debt Collection. Rulemaking Authority 120.53, 240.227 FS. Law Implemented 240.291 FS. History–New 5-26-93, Repealed by Section 20, Chapter 2011-177, Laws of Florida. 6C9-4.036 Personnel Records; Limited Access. (1) The Director of Human Resources, who is the official custodian of all University personnel records, shall designate in coordination with the Office of Academic Affairs those staff members and University officials who shall have access to the records of University personnel. In accordance with Florida law, the University shall designate the following records as “limited-access records” which are confidential and exempt from the provisions of Section 119.07(1), F.S. Such limited-access records shall be open to inspection by the employee who is the subject of the records, by University officials responsible for the supervision of the employee, and by the President as required for use in the discharge of his official responsibilities. (a) Records created on or before July 1, 1995 – Any and all records reflecting evaluations of employee performance, including faculty, A & P, USPS and OPS employees, shall be designated as limited access, open to inspection only in accordance with subsection (1), above. (b) Records created after July 1, 1995.

1. Academic evaluations – Personnel records containing information reflecting academic evaluations of an employee’s performance such as, but not limited to, tenure, promotion, annual evaluation, TIP, compression/inversion, faculty awards, merit increases and student course evaluation except as noted herein, shall be designated as limited-access records. Records comprising the common core items contained in the State University System Student Assessment of Instruction instrument are not provided limited-access status. The summary results of the common items, by course, shall be open for inspection in accordance with Chapter 119, F.S. However, the raw data gathered on the forms completed by the students are limited-access documents and not subject to public inspection.
2. Investigations of misconduct – Records maintained for the purposes of any investigation of an employee’s alleged misconduct, including but not limited to a complaint against an employee and all information obtained pursuant to the investigation thereof, shall be confidential until the investigation ceases to be active or until the University provides written notice to the employee who is the subject of the complaint that the University has either (i) concluded the investigation, whether or not the conclusion contains a finding to proceed or not to proceed with disciplinary action, or (ii) issued a letter of discipline. For the purpose of this paragraph, an investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that a finding will be made in the foreseeable future. There shall be a rebuttable presumption that an investigation is inactive if no finding is made within 90 days after the complaint is filed.
3. Disciplinary proceedings – Records maintained for the purposes of any disciplinary proceeding brought against an employee shall be confidential until a final decision is made in the proceeding. The record of any disciplinary proceeding, including any evidence presented, shall be open to inspection by the employee at all times.
4. Grievance proceedings – Records created after July 1, 1995 and maintained for the purposes of any grievance proceeding brought by an employee for enforcement of a collective bargaining agreement or contract shall be confidential and shall be open to inspection only by the employee and by University officials conducting the grievance proceeding until a final decision is made in the proceeding. A decision shall be “final” for the operation of this rule when an arbitration decision has been issued, or when a step decision has been issued and the time for appeal to the next step has expired without further appeal. (2) Notwithstanding the foregoing, any records or portions thereof which are otherwise confidential by law shall continue to be exempt from the provisions of Section 119.07(1), F.S. In addition, for sexual harassment investigations, portions of such records which identify the complainant, a witness, or information which could reasonably lead to the identification of the complainant or a witness are limited-access records. (3) Except as noted above, the custodian of limited-access personnel records may release information from such records only upon authorization in writing from the employee or upon order of a court of competent jurisdiction. (4) Employment records and other employee information maintained by the University are subject to the provisions of this rule, and may also be subject to other laws or regulations that limit public access thereto. Rulemaking Authority 240.227(1), (5), (19), 240.253 FS. Law Implemented 240.253 FS. History–New 1-1-97, Amended 7-31-97. 6C9-4.1010 University of North Florida; Personnel Records ‒ Limited Access. (1) Employment records and other employee information maintained by the University are subject to the provisions of this rule and may also be subject to other laws or regulations that limit public access to the records or parts thereof. (2) The Director of Human Resources is the custodian of the central personnel files of University employees. All requests for inspection and/or duplication of personnel records must be made to the Office of Human Resources. Personnel files of faculty, undergraduate student employees and other employees will be under the custodial responsibility of the respective vice presidents, deans or directors. The custodians of such records are responsible for designating, in a manner consistent with the provisions of this rule, those University personnel who have access to limited access records and other employee materials not open to the public. Any University personnel who have access to such records and materials shall maintain their confidentiality. (3) Records which are identified in this rule as “limited access” records are confidential and are not subject to inspection under the provisions of Section 119.07(1), F.S. Limited access records shall be available for inspection only by the employee who is the subject of the records, the employee’s representative, university officials who use the information in carrying out their responsibilities, peer committees responsible for evaluating employee performance, and arbitrators or others engaged by the parties to resolve disputes, or by others by court order. For the purposes of this rule, limited access records shall include: (a) For Records created on or before July 1, 1995 – Any and all records reflecting evaluations of employee performance. (b) For Records created after July 1, 1995:
5. Records that reflect “academic” evaluations of employee performance. “Academic” for the purposes of this rule means performance evaluation documents regarding employees designated as Academic Personnel (AP), employees in the General Faculty pay plan prior to the implementation of the AP classification, or other employees subject to the faculty or academic personnel evaluation process. Examples of such records are those resulting from academic evaluation processes such as tenure, promotion, annual evaluation, student evaluation of teaching, Teaching Incentive Program (TIP), compression/inversion, other faculty awards, and merit increases.
6. Records maintained for the purposes of any investigation of employee misconduct. Such records shall be confidential until the investigation ceases to be active, the University concludes the investigation with a finding to proceed or not to proceed with disciplinary action, or the University issues a letter of discipline. The records shall be open to University personnel conducting the investigation, the administrator responsible for the appointment and assignment of the employee investigated, and their respective designees. To the extent necessary to meet the due process requirements of applicable University rules, policies, or collective bargaining agreements, certain records of the investigation may be open to the employee investigated at the time indicated in the applicable rules, policies, or agreements. A notice of proposed disciplinary action is confidential until a letter of discipline is issued or a decision is made not to proceed further with disciplinary action.
   1. An investigation is presumed inactive if no finding is made within ninety (90) days, but the University may overcome that presumption through appropriate documentation in the records.
   2. For sexual harassment investigations, portions of such records which identify the complainant, a witness, or information which could reasonably lead to the identification of the complainant or a witness, retain their confidential status even after the investigation is closed.
7. Records maintained for the purposes of any disciplinary proceeding brought against an employee or of any grievance proceeding for enforcement of a collective bargaining agreement. Such records shall be confidential until a final decision is made in the proceeding. The records shall be open to University personnel conducting the proceeding, the administrator responsible for the appointment and assignment of the employee, and other University personnel representing the University in the proceeding. The record of the proceeding itself, including any evidence presented during the proceeding, is open to inspection by the employee. Rulemaking Authority 1001.74(4), (19), 1012.91(1) FS. Law Implemented 1001.74 (19), 1012.91 FS. History–New 1-5-04. 6C9-4.1011 University of North Florida; Faculty Assignment and Evaluation. Rulemaking Authority 1001.74(4), (19), 1012.94(1) FS. Law Implemented 1001.74(19), 1012.94 FS. History–New 1-5-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C9-5 MISCELLANEOUS PROVISIONS

Fla. Admin. Code R. 6C9-5 MISCELLANEOUS PROVISIONS

CHAPTER 6C9-5 MISCELLANEOUS PROVISIONS 6C9-5.1001 Traffic and Parking Regulations – General Provisions 6C9-5.1002 Vehicle Registration Regulations 6C9-5.1003 Traffic Regulations 6C9-5.1004 Parking Regulations 6C9-5.1005 Motor Scooter, Motorcycle, Moped, Bicycle, and Non-Vehicular Regulations 6C9-5.1006 Violations – Traffic – Parking/Non-Moving – Decal 6C9-5.1007 Fines, Late Fees, and Other Penalties 6C9-5.1008 Payment Procedure 6C9-5.1009 Automobile Towing and Impoundment Policy 6C9-5.1010 Right to Appeal 6C9-5.1011 Disposition of Fees and Fines Collected 6C9-5.1012 Construction Contractor Vehicles on UNF Campus 6C9-5.1001 Traffic and Parking Regulations – General Provisions. (1) The purpose of this rule is to govern the use of vehicles at the University of North Florida. The motor vehicle regulations set forth herein are applicable to all persons operating or parking a motor vehicle on properties of the University of North Florida. University traffic rules shall be enforced on all university roads and grounds at all times of the day and night throughout the calendar year. University police are authorized and empowered to enforce these motor vehicle regulations and to provide for the safety of persons on university property. (2) All Duval County traffic ordinances and laws of the State of Florida which are not in conflict or inconsistent with these regulations shall be enforced by the University Police. (3) The University Police shall enforce University traffic rules on the campus and may make arrests and issue citations. University police officers may pursue violators off campus to make arrests and may request the assistance of law enforcement officers from adjacent areas in other jurisdictions. (4) The University does not assume any responsibility for motor vehicles or their contents while they are operated or parked on University property. (5) University parking citations shall be treated as minor infractions of University regulations with the rights of appeal. Any person who operates a motor vehicle on campus, as a condition of such operation, shall be deemed to have consented thereby to have his or her appeal adjudicated through the internal appeals process of the University. The right of such appeal does not apply to any State Uniform Traffic Citation, which is returnable to, or scheduled for a hearing before, the Duval County Court. (6) Copies of the University of North Florida Traffic and Parking Regulations, Edition 5 (including the schedule of fees for parking decals and citation fines) are available from University Parking Services, the Department of Police and Public Safety and the Cashier’s Office. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03. 6C9-5.1002 Vehicle Registration Regulations. (1) Any motor vehicle parked on University property during designated hours must display a valid University parking decal or parking permit. Use of a motor vehicle on University property is a privilege, not a right, and is made available only under the policies established by the University Traffic and Parking Regulations, Edition 5 as referenced in this chapter and currently in effect. (2) All motor vehicle and parking regulations, except permit requirements, are in effect 24 hours a day. Parking decals or parking permits are required from 7:00 a.m. to 9:00 p.m. Monday through Friday. Parking permits may also be required during special events held on campus. Purchasing a parking permit does not guarantee a parking space, except for those spaces specifically posted as reserved. The purchase of a Garage Reserved Parking or Designated Parking permit does not guarantee a parking space within the garages or designated lots, as a greater number of decals will be sold than are available spaces. The types and prices of available parking decals are provided in the University of North Florida Traffic and Parking Regulations, Edition 5, a publication containing university policies and procedures available upon request from Parking Services, University of North Florida, Building 41, 4567 St. Johns Bluff Road South, Jacksonville, Florida 32224-2648. (3) Vehicles used by members of the faculty, staff, students (full or part-time), concessionaire employees, and others who regularly operate a vehicle on campus must be registered during the first day the vehicle is on campus. Vehicle registrations expire on the expiration date indicated on the decal or permit. (4) Commercial Vehicles and Visitors. Marked delivery trucks, telephone, water or power trucks, vending machine delivery vehicles, limousine service, taxis, and buses making brief stops at one or more points on campus are exempt from paying a parking fee or displaying a parking decal or permit. All other visitors must purchase a non-refundable parking permit when parking on campus. Construction contractors are subject to the requirements of the UNF Contractor Parking Policy in accordance with Rule 6C9-5.1012, F.A.C. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03. 6C9-5.1003 Traffic Regulations. All regulations embodied in the laws of the State of Florida and in the ordinances of the City of Jacksonville governing and regulating vehicular traffic are applicable to and will be enforced on the University of North Florida campus. The following regulations are applicable to the operation of all vehicles as described herein: (1) Traffic rules, regulations, and directive signs governing the use of motor vehicles are in effect 24 hours a day unless specifically limited. Inclement weather does not bar their enforcement. (2) Motorists shall yield the right-of-way to pedestrians, bicycles, service vehicles, and golf carts. (3) The campus speed limit is as posted. Speed limit in all parking lots is 15 miles per hour and 5 miles per hour in the garages. (4) All vehicles must be brought to a complete stop before proceeding through intersections where stop signs are located. (5) All motor vehicle accidents on University property shall be reported immediately by the persons involved to the University Police. (6) All accidents involving University-owned vehicles shall be reported immediately by the persons involved to the University Police. (7) Barriers may be placed by the Department of Police and Public Safety at any point deemed necessary for specific temporary use, including safety reasons. Except for the passage of emergency vehicles, removal of any such barrier without permission is prohibited. In every case, the directions of a police officer supersede the regulations posted by a sign or signal. (8) The following are prohibited: (a) Unnecessary disruptive noise from horns, mufflers, or any other noisemaking device. (b) Driving in a direction opposite that indicated by arrows in parking lots, roadways, or streets. (c) Driving or parking on sidewalks, paths, or grass (except University service and emergency vehicles, when necessary). (d) Driving or parking on nature trails (except emergency and state-owned vehicles of the Maintenance Department). (e) Driving around a barricade or driving on a section of road under construction marked as closed. (f) Tearing down, altering, defacing, or removing any traffic control device or sign. (g) U-turns. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03. 6C9-5.1004 Parking Regulations. (1) Visitors Parking: Visitors must purchase a parking permit from the Information Booth located near the entrances to the campus and may park in any open space that is not reserved or prohibited. (2) Open Parking Spaces: Any parking space within an assigned lot not specifically marked for another purpose is designated as an open parking space. Students, faculty, staff, and other registrants may use the space on a first come basis. (3) Disabled Parking Spaces: Only vehicles lawfully displaying a state-issued disabled parking permit are authorized to park in disabled parking spaces. The disabled parking permit alone without the required accompanying UNF parking permit will not be acceptable in any UNF parking lot or garage, including the disabled spaces within those lots or garages. Violators shall be subject to ticketing. (4) UNF Temporary Disabled Parking. A registered student, faculty, or staff member with a temporary mobility-related disability may apply to the Department of Police and Public Safety for consideration in obtaining special parking privileges on a temporary basis. (5) Reserved Parking: These spaces are located on the first floor of the parking garages and in sections of various parking lots. For information on special reserved parking, contact University Parking Services or the Department of Police and Public Safety. (6) The University President, Vice Presidents, and Deans shall each be assigned a parking space for their specific use. (7) Vehicles shall be parked only in spaces specifically marked for parking. The absence of “No Parking” signs does not mean that parking is allowed. (8) Motor Vehicles must be parked within the identifiable boundaries. Parking on or over a line is prohibited. (9) Double-parking is prohibited at all times. (10) Vehicles shall not be parked in such manner as to obstruct vehicular or pedestrian traffic, wheelchair ramps, interfere with normal operational activities, or create a hazard. Vehicles so parked will be towed away at the owner’s expense. (11) Parking on grass, sidewalks, loading zones, or on roadways (except where specifically marked for parking) is prohibited. (12) If a vehicle with an affixed decal is temporarily out of normal service, the owner may obtain a temporary, substitute, parking permit at no cost, valid for a maximum of two weeks, from University Parking Services or the Department of Police and Public Safety. An extension will be granted when proof of continuing repair is provided. (13) Any vehicle parked on campus is parked at the risk of the owner. (14) Except at the Resident Parking Lots, overnight parking of any vehicle is prohibited unless special permission is granted by the Department of Police and Public Safety. (15) Disabled or abandoned vehicles which constitute a traffic or safety hazard are subject to be towed away at the owner’s expense. This also applies to vehicles abandoned on campus for more than three days. (16) Major repairs to vehicles shall not be performed on campus. (17) Locating a legal parking space is the responsibility of the vehicle’s operator. Lack of a parking space will not be considered a valid excuse for violation of any parking regulation. (18) Unauthorized persons parking vehicles in “disabled” spaces are subject to fine and having a vehicle towed away at owner’s expense. Temporary “disabled” parking permission may be obtained by contacting University Parking Services or the Department of Police and Public Safety. (19) Regulations concerning loading zones will be enforced at all times. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03. 6C9-5.1005 Motor Scooter, Motorcycle, Moped, Bicycle, and Non-Vehicular Regulations. (1) Drivers of motor scooters, motorcycles, mopeds, and bicycles are responsible for observing the same traffic regulations as those governing automobiles. (2) Driving, riding, or parking motor scooters, motorcycles, mopeds, and bicycles on grass, paths, or sidewalks is prohibited. (3) It is unlawful for more than one person to ride at the same time a motor scooter, motorcycle, moped, or bicycle unless the vehicle is designed for and equipped with a seat for a second person. (4) Motor scooters, motorcycles, mopeds, or bicycles shall be parked only in special racks or designated areas. (5) Parking motor scooters, motorcycles, mopeds, and bicycles in automobile parking spaces on campus is prohibited at all times. (6) UNF has a mandatory bicycle registration program. A decal with a unique registration number is affixed to the bicycle and the owner’s name and address are entered into a computer database. This free registration service is available at the Department of Police and Public Safety. Bicycles not registered are subject to impoundment by the Department of Police and Public Safety. (7) Walking, running, or jogging on paved UNF roadways is prohibited. Violators will be charged with a traffic violation and receive either a Non-Moving University Parking/Traffic Infraction Citation, or appropriate uniform traffic citation under the provisions of Chapters 316 and 318, F.S. (8) Non-vehicular traffic such as skateboards, in-line and roller skates are prohibited on paved UNF roadways. Violators will be charged with a traffic violation and receive a Non-Moving University Parking/Traffic Infraction Citation, or appropriate uniform traffic citation under the provisions of Chapters 316 and 318, F.S. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03. 6C9-5.1006 Violations – Traffic ‒ Parking/Non-Moving – Decal. (1) All vehicles or operators involved in traffic, parking/non-moving, and decal violations may be ticketed by university police officers. The citation shall show the nature of the violation and the name or the number of the issuing officer. The person in whose name the decal is registered will be held responsible for violations; if the violator cannot be identified, then the registered owner will be held responsible. (2) All moving violations will warrant a State of Florida uniform traffic citation, which must be referred to the Duval County Courts for payment of fine or appearance in court. No University appeal exists for these State citations as provided by Sections 1006.66, 316.650 and 318.14, F.S. (3) Examples of Traffic (Moving) Violations that will be ticketed with a State of Florida uniform traffic citation: (a) Speeding. (b) Reckless driving. (c) DUI-Driving Under Influence. (d) Failure to yield right-of-way. (e) Failure to stop at stop sign or obey other traffic control devices. (f) Driving in direction opposite arrows in parking lots or on roadways. (g) Going wrong way on one-way street, or parking lot aisles. (h) Operating vehicle on grass, paths, or sidewalks without specific permission. (i) Making U-turns. (j) Operating a vehicle without proper State license tag. (4) Examples of Parking (Non-Moving) Violations that will be ticketed with a Non-Moving University Parking/Traffic Infraction Citation: (a) Parking in a no parking zone or loading zone. (b) Parking on or over line (center or sideline). (c) Parking in reserved area. (d) Double-parking. (e) Parking which blocks traffic or constitutes a hazard. (f) Walking, running, jogging, skateboarding, in-line or roller skating on the paved UNF roadways. (g) License violation. (5) Examples of Vehicle Registration Decal Violations that will be ticketed with a Non-Moving University Parking/Traffic Infraction Citation: (a) Any registration obtained through falsehood or misrepresentation. (b) Failure to attach affixed decal to vehicle or to display hanging decal in vehicle, in accordance with instructions. (c) Failure to register vehicle. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03. 6C9-5.1007 Fines, Late Fees, and Other Penalties. (1) Fines for parking, decal and other infractions or violations must be paid within ten (10) days of the date of issuance. After ten (10) days, late fees and other penalties, including administrative action and vehicle immobilization will be assessed as described in the University of North Florida Traffic and Parking Regulations, Edition 5, a publication containing university policies and procedures available upon request from Parking Services, University of North Florida, Building 41, 4567 St. Johns Bluff Road South, Jacksonville, Florida 32224-2648. (2) Possession, use or distribution of a lost/stolen or forged permit. The fine for possession, use or distribution of a lost, stolen or forged parking permit is equal to the original value of the permit. In addition to the assessment of the fine, parking privileges may be revoked for the remainder of the permit year at the discretion of the University Traffic Authority. Possession, use or distribution activity will also result in criminal prosecution. (3) The right to appeal the issuance of any citation with the University Traffic Authority is forfeited after ten (10) calendar days from the date the citation is issued. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03. 6C9-5.1008 Payment Procedure. (1) All persons receiving UNF citations for non-moving violations shall pay such charges in person or by mail to the Cashier’s Office, University of North Florida. Such payment shall be made within ten (10) working days from the date of the ticket. (2) Tickets, which are not satisfied within ten (10) calendar days from the date of issuance, will be collected by the Cashier’s Office in accordance with the University accounts receivable collection procedures. The University will, as a result of failure to pay the appropriate fine within ten (10) calendar days or if charges were not dismissed upon appeal, take one or more of the following actions, as appropriate, until such payment is satisfied: (a) Withdraw parking and driving privileges on University property. (b) Prevent registration as a student. (c) Withhold delivery of transcripts or degrees. (3) Other Penalties: (a) Permission to operate a vehicle on campus will be revoked for a period of up to twelve (12) months for falsification or misrepresentation of information when applying for driving and parking privileges. (b) Permission to operate a vehicle on campus will be revoked for a period of up to twelve (12) months for habitually or willfully violating these regulations. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03. 6C9-5.1009 Automobile Towing and Impoundment Policy. (1) A vehicle will be towed away and impounded if it: (a) Is blocking a trafficway or creating a hazard. (b) Belongs to a person whose parking privileges on campus have been revoked by the University. (c) Is parked in a designated tow-away zone. (d) Is illegally parked in a disabled parking space. (e) Is illegally parked in a reserved space. (f) Is parked in a fire lane. (g) Is apparently abandoned. (h) Is involved in a crime or is potential evidence. (i) Would be left unattended due to the arrest of the driver. (2) Any and all charges against the vehicle must be satisfied prior to releasing the vehicle. Wrecker services removing vehicles from the University are entitled to payment as authorized by applicable Florida Statute and Municipal Ordinance. (3) Immobilizing Devices – Law enforcement officers of the University are authorized to attach a wheel lock device that is capable of immobilizing a vehicle so that it cannot be moved when two (2) or more parking citations for illegal or unlawful parking have been delinquent for more than ten (10) calendar days and have not been disposed of by payment of fine or cancellation of the citation. University police are also authorized to impound vehicles by a wheel lock device when any vehicle displays a lost, stolen, forged, or altered UNF parking permit. At the time of attachment, a notice will be affixed giving information as to the amount of pending fines, where they can be paid, and the amount of any service charges, which must be satisfied before the wheel lock is removed. An immobilization fee in accordance with University Traffic and Parking Regulations, Edition 5 will be charged in addition to other fines. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03. 6C9-5.1010 Right to Appeal. (1) UNF Traffic Citations: (a) At the discretion of the person filing the appeal, the appeal may either be presented to the Director of Police and Public Safety or designee who may grant the appeal, or to the University Traffic Authority, appointed by the President. The Authority shall include the Director of Police and Public Safety, or designee, who shall serve in an advisory capacity only. (b) Appeals must be initiated within ten (10) calendar days after date of issuance of the citation. Appeals may be filed with University Parking Services or the Department of Police and Public Safety located in Building 41/Room 1012, at any hour of the day or night. The person filing the appeal will receive notice of the date and time of the University Traffic Authority’s hearing. It shall be the appellant’s responsibility to provide University Parking Services with a current and accurate address at the time the appeal is filed. Failure to do so will result in dismissal of the appeal. If the appeal is so dismissed, the fine is due within ten (10) calendar days of the appeal hearing date. During the course of the appeal, all penalties and/or administrative actions are withheld pending disposition of the appeal. (2) Towing or Impoundment Appeals: (a) Persons whose vehicle has been towed may petition in writing to the Director of Police and Public Safety to appear before the Director or designee to present their case as to the propriety of the impoundment and the driver/owner’s liability for the towing and storage charges. All claims of impropriety must include a copy of the receipt showing that the claimant has paid all towing and storage charges prior to filing for a hearing. (b) To obtain a hearing date, the individual must personally appear at University Parking Services or Department of Police and Public Safety within ten (10) calendar days after the release of the vehicle from impoundment. Failure to adhere to the time limit will revoke all privileges for a hearing. The Director of Police and Public Safety or designee shall notify the claimant of the hearing date and time, and the name and telephone number of the designee (if applicable). The claimant will be notified at least ten (10) calendar days prior to the hearing date by the Director or designee. This date will be at least ten (10) calendar days from the date of posting of the request for hearing, which will include Saturdays, Sundays and holidays. At the discretion of the hearing official, this date will be extended but not more than thirty (30) calendar days after the posting of the request for hearing. (3) The decision of the Director of Police and Public Safety or designee is final and binding on all parties. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03. 6C9-5.1011 Disposition of Fees and Fines Collected. Moneys collected from parking assessments and infraction fines shall be used to defray the administrative and operating costs of the traffic and parking program at the University and to provide for additional parking facilities, walkways and roadways on campus in accordance with Section 1006.66(7), F.S. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03. 6C9-5.1012 Construction Contractor Vehicles on UNF Campus. Contractors and contractor personnel engaged in University construction projects will be provided specific parking instructions. Parking passes will be issued from University Parking Services in accordance with the UNF Contractor Parking Policy, adopted March 16, 1999, available upon request from Parking Services, University of North Florida, Building 41, 4567 St. Johns Bluff Road South, Jacksonville, Florida 32224-2648. This policy governing the operation of vehicles and the payment of fines shall apply and be enforceable upon the contractor’s personnel when so designated. Any construction vehicle or contract employee who occupies a regular parking space must display a current decal or daily parking permit. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 12-7-03.

Chapter 6C9-6 ADMINISTRATIVE AFFAIRS

Fla. Admin. Code R. 6C9-6 ADMINISTRATIVE AFFAIRS

CHAPTER 6C9-6 ADMINISTRATIVE AFFAIRS 6C9-6.001 Purchasing Program (Repealed) 6C9-6.002 Leasing of Real Property Program (Repealed) 6C9-6.003 Definitions (Repealed) 6C9-6.004 Procurement Responsibility and Authority; Chief Administrative Officer, Procurement Officer, Exemption, and Requirement to Be Met (Repealed) 6C9-6.005 Bid Invitations; Competitive Bids Required, Advertisements, Receipt of One Bid, No Bids, Purchases Not Divided, Conditions, Determinations, Right to Reject; Lease Contracts, Lease-Purchases, Cancellation, Informal (Repealed) 6C9-6.006 Acquisitions of Printing, Duplicating and Reproduction Equipment; Equipment, Usage, Cost Records (Repealed) 6C9-6.007 Vendors and Supplies; Bidder’s List, Business Directories, Disputes, Default, President Authorized to Debar or Suspend, Notices, Action Taken (Repealed) 6C9-6.008 Standards and Specifications; Responsibility, Assistance and Cooperation, State Division of Purchasing, Florida Department of Agriculture and Consumer Services, Restrictive Specifications and Standards (Repealed) 6C9-6.009 Term Contracts and Price Agreements; Departments’ Tabulated Estimates of Commodities, Sources of Supply, Term Contracts and Price Agreement, Cooperative Purchasing (Repealed) 6C9-6.010 Emergency Purchases; Authorization, Statement under Oath (Repealed) 6C9-6.011 Single Source Purchases; Authorization, Annual Certifications, Exemptions, Records (Repealed) 6C9-6.012 Identical (Tie) Bids; Award, Executive Order 10936 (Repealed) 6C9-6.013 Class B Printing (Repealed) 6C9-6.014 Purchases of Professional and Technical Services (Repealed) 6C9-6.015 Deferred Payment Contracts and Payment of Interest (Repealed) 6C9-6.016 Commodities Manufactured in State Given Preference (Repealed) 6C9-6.017 Inconsistencies with 240.225, 255 and 287, Florida Statutes, as Applicable (Repealed) 6C9-6.018 Purpose (Repealed) 6C9-6.019 Definitions (Repealed) 6C9-6.020 Approval (Repealed) 6C9-6.021 Standard Lease Agreement Form (Repealed) 6C9-6.022 Escalation Clauses Prohibited (Repealed) 6C9-6.023 Right-to-Terminate Clause Required (Repealed) 6C9-6.024 Renewal of Leases (Repealed) 6C9-6.025 Fire Code Compliance in Leased Space (Repealed) 6C9-6.026 Leases of 2,000 Square Feet or More (Repealed) 6C9-6.027 Disclosure Statements – Private Entities and Public Officials (Repealed) 6C9-6.028 Legal Review (Repealed) 6C9-6.029 Certification of Compliance (Repealed) 6C9-6.030 Space Measurement (Repealed) 6C9-6.031 Space Allocation (Repealed) 6C9-6.032 Rental Rates (Repealed) 6C9-6.033 Exception to Competitive Bidding (Repealed) 6C9-6.034 Nominal or No Consideration Leases (Repealed) 6C9-6.035 Purpose (Repealed) 6C9-6.036 Definitions (Repealed) 6C9-6.037 Reporting Requirements for Surplus, State-owned, Tangible Personal Property (Repealed) 6C9-6.038 Certification (Repealed) 6C9-6.039 Buildings and Structures (Repealed) 6C9-6.040 Items to be Reported (Repealed) 6C9-6.041 Procedures for Disposal of Surplus Property (Repealed) 6C9-6.042 Availability of Surplus State Property (Repealed) 6C9-6.043 Surplus Property with an Estimated Value of $5,000 or More (Repealed) 6C9-6.044 Authority for Disposal (Repealed) 6C9-6.045 Exchange Property (Repealed) 6C9-6.046 Non-State Funded Property (Repealed) 6C9-6.047 Disposition of Monies (Repealed) 6C9-6.1001 Administration and Finance; Purchasing Program (Repealed) 6C9-6.1002 University of North Florida; Direct Support Organizations 6C9-6.1003 University Prompt Payment Policy (Repealed) 6C9-6.001 Purchasing Program. Rulemaking Authority 120.53(5), 240.227(1) FS. Law Implemented 119.07(3)(p), 120.53(5), 120.54(2)(a), 235.32, 240.225, 255.227(14), 255.05(1), 283.42, 287 Part 1 (excluding 287.073), 287.012(4)(a), (b), 287.017, 287.042, 287.052, 287.062, 287.082, 287.0943, 287.0947, 287.102, 288.703, 298.057 FS. History–New 4-6-80, Amended 3-2-93, Repealed 7-29-99. 6C9-6.002 Leasing of Real Property Program. Rulemaking Authority 240.227(1) FS. Law Implemented 240.225, 255.25(2)(c), (7) FS. History–New 4-6-80, Amended 3-1-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.003 Definitions. Rulemaking Authority 240.227(1) FS. Law Implemented 240.225, 287.042(10), 287.052, 287.062 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.004 Procurement Responsibility and Authority; Chief Administrative Officer, Procurement Officer, Exemption, and Requirement to Be Met. Rulemaking Authority 240.227(1) FS. Law Implemented 240.225, 255.227(15), 287.042 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.005 Bid Invitations; Competitive Bids Required, Advertisements, Receipt of One Bid, No Bids, Purchases Not Divided, Conditions, Determination, Right to Reject, Lease Contracts, Lease-Purchases, Cancellation, Informal. Rulemaking Authority 240.225, 287.042(10) FS. Law Implemented 287.062, 240.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.006 Acquisitions of Printing, Duplicating and Reproduction Equipment; Equipment, Usage, Cost Records. Rulemaking Authority 240.227(1) FS. Law Implemented 287.01(2), 287.043, 240.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.007 Vendors and Supplies; Bidder’s List, Business Directories, Disputes, Default, President Authorized to Debar or Suspend, Notices, Action Taken. Rulemaking Authority 240.227(1) FS. Law Implemented 287.042(1), 287.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.008 Standards and Specifications; Responsibility, Assistance and Cooperation, State Division of Purchasing, Florida Department of Agriculture and Consumer Services, Restrictive Specifications and Standards. Rulemaking Authority 240.227(1) FS. Law Implemented 287.042(1), 287.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.009 Term Contracts and Price Agreements; Departments’ Tabulated Estimates of Commodities, Sources of Supply, Term Contracts and Price Agreements, Cooperative Purchasing. Rulemaking Authority 240.227(1) FS. Law Implemented 287.042(2), (7), (8), 287.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.010 Emergency Purchases; Authorization, Statement under Oath. Rulemaking Authority 240.227(1) FS. Law Implemented 287.062(1), 287.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.011 Single Source Purchases; Authorization, Annual Certifications, Exemptions, Records. Rulemaking Authority 240.227(1) FS. Law Implemented 287.06(3), 287.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.012 Identical (Tie) Bids; Award, Executive Order 10936. Rulemaking Authority 240.227(1) FS. Law Implemented 287.042(9), 287.082, 287.092, 240.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.013 Class B Printing. Rulemaking Authority 240.227(1) FS. Law Implemented 287.102, 240.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.014 Purchases of Professional and Technical Services. Rulemaking Authority 240.227(1) FS. Law Implemented 287.057, 287.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.015 Deferred Payment Contracts and Payment of Interest. Rulemaking Authority 240.227(1) FS. Law Implemented 287.062(2), 287.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.016 Commodities Manufactured in State Given Preference. Rulemaking Authority 240.227(1) FS. Law Implemented 287.082, 287.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.017 Inconsistencies with 240.225, 255 and 287, Florida Statutes, as Applicable. Rulemaking Authority 240.227(1) FS. Law Implemented 240.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.018 Purpose. Rulemaking Authority 240.227(1) FS. Law Implemented 240.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.019 Definitions. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.020 Approval. Rulemaking Authority 240.227(1) FS. Law Implemented 240.225, 255.05(2)(c) FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.021 Standard Lease Agreement Form. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(3), 255.25 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.022 Escalation Clauses Prohibited. Rulemaking Authority 240.227(1) FS. Law Implemented 255.25(2) FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.023 Right-to-Terminate Clause Required. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(3), 255.25 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.024 Renewal of Leases. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(3), 255.25 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.025 Fire Code Compliance in Leased Space. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(3), 255.25 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.026 Leases of 2,000 Square Feet or More. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(3), 255.21, 255.225, 255.25 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.027 Disclosure Statements – Private Entities and Public Officials. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(2)(h), (i), 255.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.028 Legal Review. Rulemaking Authority 240.227(1) FS. Law Implemented 255.25(2)(c), 255.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.029 Certificate of Compliance. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(2)(k), 255.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.030 Space Measurement. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(2)(c), 255.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.031 Space Allication. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(2)(d), 255.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.032 Rental Rates. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(2)(f), 255.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.033 Exception to Competitive Bidding. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(2)(b), 255.225, 255.25(3)(a) FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.034 Nominal or No Consideration Leases. Rulemaking Authority 240.227(1) FS. Law Implemented 255.249(2)(c), (7), 255.225 FS. History–New 4-6-80, Repealed 3-7-93. 6C9-6.035 Purpose. Rulemaking Authority 240.225, 240.227(1), 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.036 Definitions. Rulemaking Authority 240.225, 240.227(1), 273.055, 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.037 Reporting Requirements for Surplus, State-owned, Tangible Personal Property. Rulemaking Authority 240.225, 240.227(1), 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.038 Certification. Rulemaking Authority 240.225, 240.227(1), 273.055, 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.039 Buildings and Structures. Rulemaking Authority 240.225, 240.227(1), 273.055, 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.040 Items to be Reported. Rulemaking Authority 240.225, 240.227(1), 273.055, 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.041 Procedures for Disposal of Surplus Property. Rulemaking Authority 240.225, 240.227(1), 273.055, 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.042 Availability of Surplus State Property. Rulemaking Authority 240.225, 240.227(1), 273.055, 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.043 Surplus Property with an Estimated Value of $5,000 or More. Rulemaking Authority 240.225, 240.227(1), 273.055, 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.044 Authority for Disposal. Rulemaking Authority 240.225, 240.227(1), 273.055, 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.045 Exchange Property. Rulemaking Authority 240.225, 240.227(1), 273.055, 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.046 Non-State Funded Property. Rulemaking Authority 240.225, 240.227(1), 273.055, 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.047 Disposition of Monies. Rulemaking Authority 240.225, 240.227(1), 273.055, 287.042(10) FS. Law Implemented 240.225, 240.227(1), 273.04, 273.05, 273.055, 287.042(10) FS. History–New 4-6-80, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-6.1001 Administration and Finance; Purchasing Program. Rulemaking Authority 1001.74(4) FS. Law Implemented 287.055, 287.09451, 1001.74(5), 1001.75(5), 1010.04, Chapter 283 FS. History–New 8-21-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C9-6.1002 University of North Florida; Direct Support Organizations. Rulemaking Authority 1001.74(4), 1004.28(2)(b) FS. Law Implemented 1001.74(37), 1004.28 FS. History–New 1-5-04, Repealed 3-15-20. 6C9-6.1003 University Prompt Payment Policy. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5) FS. History–New 10-11-04, Repealed by Section 21, Chapter 2011-177, Laws of Florida.

Chapter 6C9-7 PUBLIC FUNCTIONS.

Fla. Admin. Code R. 6C9-7 PUBLIC FUNCTIONS.

CHAPTER 6C9-7 PUBLIC FUNCTIONS 6C9-7.001 University Events Coordinator (Repealed) 6C9-7.002 Use of Areas and Facilities (Repealed) 6C9-7.003 Responsibilities and Definitions of Sponsoring Organizations (Repealed) 6C9-7.004 Reservation Conditions and Agreements (Repealed) 6C9-7.005 Facilities Use Charge Guidelines (Repealed) 6C9-7.006 Facility Administrators (Repealed) 6C9-7.009 Alcoholic Beverages (Repealed) 6C9-7.010 Commercial Activity; Selling of Merchandise, Activities Involving Off Campus Vendors (Repealed) 6C9-7.011 Fees and Admission Charges (Repealed) 6C9-7.012 Smoking in University Building Policy (Repealed) 6C9-7.013 Use of University Facilities for Private Practice or Consulting (Repealed) 6C9-7.014 Use of University Facilities; Outdoor Areas; Demonstrations and Other Outdoor Events (Repealed) 6C9-7.015 Distribution of Printed Material (Repealed) 6C9-7.016 Possession and Use of Firearms (Repealed) 6C9-7.017 Use of University Space for Class or Class Related Activities and Other Events (Repealed) 6C9-7.019 Use of Computing Laboratory Space (Repealed) 6C9-7.020 Aquatics Facility Use Policy (Repealed) 6C9-7.001 University Events Coordinator. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.202, 240.227(1), (16) FS. History–New 11-25-82, Formerly 6C9-7.01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.002 Use of Areas and Facilities. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 235.02, 240.227(13), 240.261 FS. History–New 11-25-82, Formerly 6C9-7.02, Amended 8-21-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.003 Responsibilities and Definitions of Sponsoring Organizations. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 235.02, 240.202, 240.227(13) FS. History–New 11-25-82, Formerly 6C9-7.03, Amended 8-21-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.004 Reservation Conditions and Agreements. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 205.02, 240.227(13) FS. History–New 11-25-82, Formerly 6C9-7.04, Amended 8-21-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.005 Facilities Use Charge Guidelines. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 235.02, 240.227(13), 243.01(1), (5), 243.04(1), 243.131(1) FS. History–New 11-25-82, Formerly 6C9-7.05, Amended 10-11-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.006 Facility Administrators. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.202, 240.227(13) FS. History–New 11-25-82, Formerly 6C9-7.06, Amended 8-25-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.009 Alcoholic Beverages. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(13), 240.261 FS. History–New 11-25-82, Formerly 6C9-7.09, Amended 8-28-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.010 Commercial Activity; Selling of Merchandise, Activities Involving Off Campus Vendors. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 11-25-82, Formally 6C9-7.10, Amended 9-8-88, 6-13-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.011 Fees and Admission Charges. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(13), 240.281 FS. History–New 11-25-82, Formerly 6C9-7.11, Amended 9-8-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.012 Smoking in University Building Policy. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1), 240.261, 386.205, 386.206, 386.207 FS. History–New 11-25-82, Formerly 6C9-7.12, Amended 9-7-88, 11-14-90, 3-20-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.013 Use of University Facilities for Private Practice or Consulting. Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(13) FS. History–New 11-25-82, Formerly 6C9-7.13, Amended 9-11-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.014 Use of University Facilities; Outdoor Areas; Demonstrations and Other Outdoor Events. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 11-25-82, Formerly 6C9-7.14, Amended 9-26-88, 6-17-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.015 Distribution of Printed Material. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(6) FS. History–New 11-25-82, Formerly 6C9-7.15, Amended 9-26-88, Amended 6-13-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.016 Possession and Use of Firearms. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 120.53(1)(a), 240.227(13), 790.16(2) FS. History–New 11-25-82, Formerly 6C9-7.16, Amended 9-15-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.017 Use of University Space for Class or Class Related Activities and Other Events. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(13) FS. History–New 11-25-82, Formerly 6C9-7.17, Amended 9-18-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.019 Use of Computing Laboratory Space. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(13) FS. History–New 9-18-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-7.020 Aquatics Facility Use Policy. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(13) FS. History–New 9-18-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C9-8 TUITION AND FEES

Fla. Admin. Code R. 6C9-8 TUITION AND FEES

CHAPTER 6C9-8 TUITION AND FEES 6C9-8.1001 Schedule of Tuition and Fees (Repealed) 6C9-8.1002 Special Fees, Fines and Penalties (Repealed) 6C9-8.1003 Payment of Tuition and Fees (Repealed) 6C9-8.1004 Fee Refund/Release of Liability (Repealed) 6C9-8.1005 Deferred Payment of Fees (Repealed) 6C9-8.1006 Waiver of Non-Florida Student Tuition (Repealed) 6C9-8.1001 Schedule of Tuition and Fees. Rulemaking Authority 1001.74(4), (11) FS. Law Implemented 1001.74(11), 1009.24 FS. History–New 5-2-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-8.1002 Special Fees, Fines and Penalties. Rulemaking Authority 1001.74(4), (11) FS. Law Implemented 1001.74(24), 1009.24, 1009.25, 1009.26, 1009.27, 1011.48(3) FS. History–New 5-2-04, Amended 3-20-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-8.1003 Payment of Tuition and Fees. Rulemaking Authority 1001.74(4), (10), (11) FS. Law Implemented 1009.24, 1009.27, 1010.03(4) FS. History–New 5-2-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-8.1004 Fee Refund/Release of Liability. Rulemaking Authority 1001.74(4), (10), (11) FS. Law Implemented 1001.74 (10), (11), 1010.03(4) FS. History –New 5-2-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-8.1005 Deferred Payment of Fees. Rulemaking Authority 1001.74(4), (11) FS. Law Implemented 1009.27(3) FS. History–New 5-2-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C9-8.1006 Waiver of Non-Florida Student Tuition. Rulemaking Authority 1001.74(4), (11) FS. Law Implemented 1001.74(11) FS., General Appropriations Act, 2002, Conference Report on HB 27E. History–New 5-2-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C9-9 EMINENT SCHOLARS' FUND

Fla. Admin. Code R. 6C9-9 EMINENT SCHOLARS' FUND

CHAPTER 6C9-9 EMINENT SCHOLARS' FUND 6C9-9.001 University of North Florida Eminent Scholars' Fund (Repealed) 6C9-9.001 University of North Florida Eminent Scholars’ Fund. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1), 240.257, 240.299 FS. History–New 2-11-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida.7r

Division 6C4 University of South Florida

Chapter 6C4-1 UNIVERSITY ORGANIZATION

Fla. Admin. Code R. 6C4-1 UNIVERSITY ORGANIZATION

CHAPTER 6C4-1 UNIVERSITY ORGANIZATION 6C4-1.005 Undergraduate and Graduate Catalogs of the University of South Florida (Repealed) 6C4-1.005 Undergraduate and Graduate Catalogs of the University of South Florida. Rulemaking Authority 1001.74(4), 1007.261 FS. Law Implemented 1001.74(7), (9), (10), 1007.22, 1007.23, 1007.24, 1007.25, 1007.261 FS. History–New 2-22-82, Formerly 6C4-1.05, Amended 4-18-90, 8-19-90, 5-27-92, 2-21-93, 5-24-94, 1-8-95, 4-2-95, 10-19-95, 5-2-96, 10-6-96, 2-3-99, 8-8-01, 5-2-04, 5-9-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C4-2 GENERAL

Fla. Admin. Code R. 6C4-2 GENERAL

CHAPTER 6C4-2 GENERAL 6C4-2.0021 University of South Florida Student Records Policy (Repealed) 6C4-2.0021 University of South Florida Student Records Policy. Rulemaking Authority 120.53(1)(a), (b), 240.227(1), 240.237 FS. Law Implemented 120.53(1)(a), (b), 240.227(1), 228.093, 240.237 FS. History–New 4-19-83, Formerly 6C4-2.021, Amended 3-15-92, 1-7-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C4-3 ACADEMIC AFFAIRS

Fla. Admin. Code R. 6C4-3 ACADEMIC AFFAIRS

CHAPTER 6C4-3 ACADEMIC AFFAIRS 6C4-3.0015 Academic Dishonesty and Disruption of Academic Process: Definitions, Punishments and Procedure (Repealed) 6C4-3.003 University Requirements for Faculty Promotion (Repealed) 6C4-3.004 University Requirements for Tenure (Repealed) 6C4-3.007 University Graduation Requirements – Undergraduate (Repealed) 6C4-3.008 Admission to Graduate Studies (Repealed) 6C4-3.009 Graduate Degree Requirements (Repealed) 6C4-3.010 Academic Minor (Repealed) 6C4-3.011 Graduate Study Requirements (Repealed) 6C4-3.012 External Degree Program, Bachelor of Independent Studies (Repealed) 6C4-3.017 Deletion of Courses from Catalogs and Common Course Designation and Numbering System (Repealed) 6C4-3.018 Admission to the University of South Florida (Repealed) 6C4-3.019 Associate of Arts Certificate (Repealed) 6C4-3.022 Use of University Career Resource Center Facilities and Services (Repealed) 6C4-3.023 Student Exchange Programs (Repealed) 6C4-3.024 Non-Resident Tuition Waivers (Repealed) 6C4-3.0015 Academic Dishonesty and Disruption of Academic Process: Definitions, Punishments and Procedure. Rulemaking Authority 120.53(1)(b), (c), 240.227(1), 240.261 FS. Law Implemented 120.53(1)(b), (c), 120.57(5), 240.133, 240.227(1), 240.261 FS. History–New 8-30-83, Amended 6-10-84, Formerly 6C4-3.015, Amended 1-27-87, 6-23-87, 4-5-90, 3-6-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.003 University Requirements for Faculty Promotion. Rulemaking Authority 240.202, 240.227(1) FS. Law Implemented 120.53(1)(a), 240.202, 240.227(1), (5), 240.245(1) FS. History–New 10-6-75, Formerly 6C4-3.03, Amended 5-26-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.004 University Requirements for Tenure. Rulemaking Authority 240.202, 240.227(1) FS. Law Implemented 120.53(1)(a), 240.202, 240.227(1), (5), 240.245(1), 240.253 FS. History–New 10-6-75, Formerly 6C4-3.04, Amended 5-26-92, 9-19-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.007 University Graduation Requirements - Undergraduate. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 10-6-75, Amended 7-3-79, 2-22-82, Formerly 6C4-3.07, Amended 4-19-90, 8-19-90, 12-2-92, 8-10-93, 7-17-94, 7-20-95, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.008 Admission to Graduate Studies. Rulemaking Authority 229.0081(2)(o) FS. Law Implemented 229.0082(4), 240.233 FS. History–New 10-6-76, Amended 7-3-79, 5-6-81, Formerly 6C4-3.08, Amended 1-19-92, 5-16-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.009 Graduate Degree Requirements. Rulemaking Authority 229.0081(2) FS. Law Implemented 229.0082(10) FS. History–New 10-6-75, Amended 7-3-79, 2-22-82, Formerly 6C4-3.09, Amended 1-19-92, 5-16-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.010 Academic Minor. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 7-3-79, Amended 2-22-82, Formerly 6C4-3.10, Amended 4-11-90, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.011 Graduate Study Requirements. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 7-3-79, Formerly 6C4-3.11, Amended 1-19-92, 8-4-93, 7-17-94, 7-20-95, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.012 External Degree Program, Bachelor of Independent Studies. Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a), 240.227 FS. History–New 7-3-79, Formerly 6C4-3.12, Amended 5-7-90, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.017 Deletion of Courses from Catalogs and Common Course Designation and Numbering System. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 233.015, 240.202 FS. History–New 6-12-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.018 Admission to the University of South Florida. Rulemaking Authority 229.0081, 240.233 FS. Law Implemented 240.233 FS. History–New 3-26-91, Amended 1-7-93, 6-19-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.019 Associate of Arts Certificate. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1), 240.239 FS. History–New 4-19-90, Amended 8-19-90, 10-27-92, 9-19-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.022 Use of University Career Resource Center Facilities and Services. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 10-1-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.023 Student Exchange Programs. Rulemaking Authority 240.227(24) FS. Law Implemented 120.53(1)(a), 240.227(24) FS. History–New 6-1-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-3.024 Non-Resident Tuition Waivers. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 12-20-93, Amended 5-19-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C4-4 ADMINISTRATIVE AFFAIRS

Fla. Admin. Code R. 6C4-4 ADMINISTRATIVE AFFAIRS

CHAPTER 6C4-4 ADMINISTRATIVE AFFAIRS 6C4-4.0010 Parking General Guidelines, Registration, Penalties & Rates 6C4-4.0011 Traffic and Moving Violations 6C4-4.002 Driving and Parking on Campus (Repealed) 6C4-4.0021 Bicycle Traffic and Parking Regulations (Repealed) 6C4-4.00210 Traffic Regulations (Repealed) 6C4-4.00211 Regulations Governing Scooters, Motorcycles, Bicycles and Mopeds (Repealed) 6C4-4.00212 Towing/Immobilizing of Vehicles (Repealed) 6C4-4.00213 Violations, Penalties and Fines (Repealed) 6C4-4.00214 Citation – Payment and Appeal Process (Repealed) 6C4-4.0022 Canines on Campus (Repealed) 6C4-4.0023 Driving and Parking on Campus (Repealed) 6C4-4.0024 Definitions for Rules 6C4-4.00210 through 6C4-4.00214 and 6C4-4.0023 through 6C4-4.0029, F.A.C. (Repealed) 6C4-4.0025 Registration Regulations (Repealed) 6C4-4.0026 Vehicle Registration Fees (Repealed) 6C4-4.0027 Parking Regulations (Repealed) 6C4-4.0028 Visitor/Temporary Parking Permits (Repealed) 6C4-4.0029 Disabled Parking (Repealed) 6C4-4.003 University Property (Repealed) 6C4-4.004 Check Cashing (Repealed) 6C4-4.005 Refunds (Repealed) 6C4-4.006 Grievances – (Non-Unit) University Support Personnel Staff (USPS) (Transferred) 6C4-4.007 University Support Personnel Staff (USPS) Personnel Files (Transferred) 6C4-4.008 Disciplinary Action – (Non-Unit) University Support Personnel Staff (USPS) (Transferred) 6C4-4.009 Accounts Receivable (Repealed) 6C4-4.0095 Employee Debt Collection (Repealed) 6C4-4.010 Cancellation of Registration for Nonpayment of Tuition and Fees and Returned Checks in Payment of Tuition and Fees (Repealed) 6C4-4.0101 Student Registration (Repealed) 6C4-4.0102 Tuition and Fees (Repealed) 6C4-4.0107 Special Fees, Fines and Penalties (Repealed) 6C4-4.011 Purpose (Repealed) 6C4-4.01101 Application (Repealed) 6C4-4.01103 Definitions (Repealed) 6C4-4.01105 Procurement Organization (Repealed) 6C4-4.01107 Delegations of Authority (Repealed) 6C4-4.01109 Formal Bids Required (Repealed) 6C4-4.01111 No General Contract for Class B Printing (Repealed) 6C4-4.01112 Request for Proposals (Repealed) 6C4-4.01113 Source Selection and Contract Formation (Repealed) 6C4-4.01115 Sole Source Procurement (Repealed) 6C4-4.01117 Emergency Procurement (Repealed) 6C4-4.01119 Cancellation of Invitation to Bid, Request for Proposal, or Request for Quotations (Repealed) 6C4-4.01121 Responsibility of Bidders (Repealed) 6C4-4.01123 Multi-term Contracts (Repealed) 6C4-4.01125 Cancellation Clause (Repealed) 6C4-4.01127 Use of Contracts Issued by the Florida Division of Purchasing (Repealed) 6C4-4.01129 Right to Inspect Bidder’s Facility (Repealed) 6C4-4.01131 Reporting of Anticompetitive Practices (Repealed) 6C4-4.01133 Specifications (Repealed) 6C4-4.01135 Performance Deposits and Payments and Performance Bonds (Repealed) 6C4-4.01137 Acquisition of Printing, Duplicating, and Reproductive Equipment (Repealed) 6C4-4.01141 Authority to Debar or Suspend Vendors (Repealed) 6C4-4.01143 Cooperative Purchasing (Repealed) 6C4-4.01145 Assistance to Small and Minority Business Enterprises (Repealed) 6C4-4.01147 Code of Ethics and Conduct (Repealed) 6C4-4.01149 Classes of Contractual Services and Statistical Reporting (Repealed) 6C4-4.012 Purpose (Repealed) 6C4-4.01201 Definitions (Repealed) 6C4-4.01203 Approval (Repealed) 6C4-4.01205 Standard Lease Form (Repealed) 6C4-4.01207 Fire Code Compliance in Leased Space (Repealed) 6C4-4.01209 Leases of 5,000 or More Square Feet (Repealed) 6C4-4.01211 Competitive Bidding (Repealed) 6C4-4.01212 Single Source Facilities (Repealed) 6C4-4.01213 Disclosure Statements (Repealed) 6C4-4.01215 Legal Review (Repealed) 6C4-4.01217 Certification of Compliance (Repealed) 6C4-4.013 Purpose (Repealed) 6C4-4.01301 Approval for Vehicles and Watercraft Acquisitions (Repealed) 6C4-4.01303 Acquisition and Disposal (Repealed) 6C4-4.01305 Assignment and Use (Repealed) 6C4-4.01307 Maintenance (Repealed) 6C4-4.01309 Aircraft (Repealed) 6C4-4.014 Purpose (Repealed) 6C4-4.01401 Definitions (Repealed) 6C4-4.01403 Reporting Requirements for Surplus, State-owned, Tangible Personal Property (Repealed) 6C4-4.01405 Certification (Repealed) 6C4-4.01407 Buildings and Structures (Repealed) 6C4-4.01409 Items to be Reported (Repealed) 6C4-4.01411 Procedures for Disposal of Surplus Property (Repealed) 6C4-4.01413 Availability of Surplus State Property (Repealed) 6C4-4.01415 Surplus Property with an Estimated Value of $5,000 or More (Repealed) 6C4-4.01417 Authority for Disposal (Repealed) 6C4-4.01419 Exchange Property (Repealed) 6C4-4.01421 Contract/Grant Funded Property (Repealed) 6C4-4.01423 Disposition of Monies (Repealed) 6C4-4.01425 Fee Assessment and Remittance (Repealed) 6C4-4.02000 Statement of Intent (Repealed) 6C4-4.02010 Definitions (Repealed) 6C4-4.02020 Purchasing Services Duties (Repealed) 6C4-4.02030 Competitive Solicitation Requirements (Repealed) 6C4-4.02040 Purchase of Commodities or Contractual Services (Repealed) 6C4-4.02050 Bonds (Repealed) 6C4-4.02060 Contracts (Repealed) 6C4-4.02070 Standards of Conduct (Repealed) 6C4-4.02080 Purchase of Motor Vehicles (Repealed) 6C4-4.002 Driving and Parking on Campus. Rulemaking Authority 120.53(1)(a), (b), 240.227(1), 240.264 FS. Law Implemented 120.53(1)(a), (b), 240.202, 240.227(13), 240.263, 240.264, 240.265, 240.266, 240.267, 713.78 FS. History–New 10-6-75, Amended 10-4-78, 12-13-81, 4-19-83, 8-30-83, Formerly 6C4-4.02, Amended 1-27-87, 8-23-87, 9-3-89, 1-1-91, 6-2-91, 12-30-92, 10-20-93, 7-17-94, 11-5-94, 11-5-95, Repealed 4-29-01. 6C4-4.0010 Parking General Guidelines, Registration, Penalties & Rates. (1) APPLICATION. (a) Section 1006.66, F.S., requires each University Board of Trustees to adopt rules that govern traffic on the grounds of the university; that provide penalties for the infraction of such traffic rules; and that the university finds necessary, convenient, or advisable for the safety or welfare of the students, faculty members, or other persons. Section 1009.24, F.S., authorizes University Boards of Trustees to assess fees for parking fines, decals, and permits. Board of Governors Regulation 1.001 requires that university parking facilities are funded through parking fees or parking fines imposed by a university. (b) Thus, USF System institutions charge fees for the use of its parking spaces to pay for the operation and maintenance of campus parking facilities and a Transportation Access Fee Plan to support the transportation infrastructure and increase student access to transportation services. The USF System President/designee may convene a Transportation Access Fee Committee composed of at least one-half student representatives appointed by the Student Body President and the remainder appointed by the USF System President/designee. A chairperson shall be jointly appointed by the USF System President/designee and Student Body President and shall only vote in case of a tie. The Committee may recommend that fee increases be assessed upon all courses and fundable credit hours. The recommendations shall take effect if approved by the USF System President/designee, after consultation with the Student Body President and approved by the University Board of Trustees. See USF System Regulation 4.0102 (Tuition and Fees) for the current Transportation Access Fee amount. (c) This rule applies to the USF System unless otherwise specified in this rule or on the individual campus parking/traffic information website. Regional campuses and separately accredited institutions may have different names and locations for parking and traffic offices and officials. Students, faculty and staff must check with their individual campuses or parking/traffic website for information. USFTPA http:// www.usfweb2.usf.edu/parking_services/

USFSP http://www.usfsp.edu/parking_services/index.htm

USFS-M http://www.usfsm.edu/services/parking/

Or at the main building: USFTPA 4202 E. Fowler Avenue, Room PSB 101, Tampa, FL 33620

USFSP 140 USFSP Harborwalk Ave. S, BAY 132, St. Petersburg, FL 33701

USFS-M 8350 N. Tamiami Trail, SMC-B116, Sarasota, Florida 34243-2049

(2) DEFINITIONS. (a) AFFILIATE: An individual, or an individual belonging to an organization, agency or other group having an ongoing relationship with the USF System and who has been approved by a USF System parking and transportation services office (PATS) as an affiliate. The USF System retains the right to offer staff permits to individuals in the affiliate category who have occupied USF System premises pursuant to a federal grant agreement in existence prior to 1990. (b) DISABLED PARKING: Specifically designated parking for anyone legally qualified to use disabled parking. (c) GZ (Gold Zone) PARKING: Designated premium parking lots requiring a special permit. (d) HOLIDAYS: Official USF System holidays only. Academic breaks and weekends are not holidays. (e) LICENSEE: A person or entity that is present on the grounds of the USF System because they have entered into an agreement with the USF System for use of campus facilities. (f) LOADING/UNLOADING ZONES: Zones specifically designated for vehicles making deliveries and pick-ups. (g) PARKING: Stopping a vehicle on the side of the road, on the road, or off the road when not required to do so by law, rule or regulation. The parked condition is not altered by occupancy of the vehicle, leaving the vehicle’s motor running, or engaging the vehicle’s flashing hazard light. (h) PATS: Refers to the appropriate parking and transportation services offices for each USF System institution. (i) PERMIT: A distinctive USF System repositionable permit, adhesive decal or hangtag issued by PATS. (j) INSTITUTION/CAMPUS: USF Tampa, USF St. Petersburg, USF Sarasota-Manatee and USF Polytechnic. (k) REGISTERED VEHICLE: Any vehicle that is registered with a USF institution’s Parking and Transportation Services office (PATS). (l) RESERVED SPACE: Individually marked space reserved for the specified user twenty-four (24) hours a day/seven (7) days a week. (m) RETIRED: Faculty, administration, and staff who have retired from the USF System and are not currently employed by the USF System. (n) SERVICE DRIVE: Those areas of campus that provide access for delivery, service and emergency vehicles only. (o) STAFF: The term STAFF includes employees in GEMS salary plans for adjunct faculty/medical residents (06); post-doctoral fellows (08); administration (21); faculty (22); staff employee (23); executive service (24); and non-student full-time, part-time and temporary employees. (p) STUDENT: For the purpose of these rules/regulations, the term STUDENT includes all persons, other than staff, as defined above, enrolled with the USF System; day or night, full-time or part-time, regardless of the number of hours or days attending classes. (q) COURTESY PERMIT: A temporary permit issued by PATS to visitors; or to any registered permit holder who is not in possession or their parking pass. Maximum of three (3) courtesy permits per semester. (r) TIMED SPACES: Non-metered parking spaces specifically designated for vehicles making short term stops of no greater than designated number of minutes listed on the parking space. (s) VENDOR/CONTRACTOR: Any person/company that has entered into a contract with the USF System to provide a service, regardless of the length of the contract, to the USF System. (t) VISITOR: Any person who is not a member of the USF System (student, staff, affiliate, vendor/contractor or licensee). (u) VOLUNTEER: Any person who provides volunteer services to the campus and receives no compensation, material benefit, or course credit from the USF System. (3) PURPOSE. The purpose of a structured and regulated parking system is to facilitate the activities of the USF System (primarily instruction) by providing parking that will allow: (1) students to park close to their on-campus residence or to commute; (2) faculty and staff access to classrooms and offices; and (3) visitors the ability to participate in campus activities. To meet this purpose, the USF System has developed rules (Rule 6C4-4.0010, Parking, Registration, Penalties & Rates; and Rule 6C4-4.0011, F.A.C., Traffic and Moving Violations). Compliance with these rules is encouraged through fair and consistent enforcement. Due to the size of the staff and student bodies, the USF System does not guarantee parking to all students and staff paying for spaces, nor can it guarantee the safety and security of vehicles, property and persons within the campus parking facilities. All persons holding a valid operator’s license may use properly registered motor vehicles, motor scooters, bicycles, and other USF System institution approved mechanical conveyances in accordance with the terms of these rules and the specific rules of each institution as posted on that institution’s parking/traffic website [Section (1)(c)]. (4) GENERAL GUIDELINES FOR PARKING PERMITS AND REGISTRATIONS. (a) University Police, Parking Enforcement Specialists, the appropriate Law Enforcement authority, or specially designated personnel are authorized to issue parking citations for parking and registration violations in accordance with these rules/regulations twenty-four (24) hours a day/seven (7) days a week. (b) Vehicles used on campus by employees and enrolled students, regardless of number of hours or days, night or day, full time or part time, must be registered and must display a valid appropriate USF System institution permit twenty-four (24) hours a day/seven (7) days a week. (c) Upon request by the appropriate PATS office, the person registering a vehicle must present a valid driver’s license, USF System employee or student ID card, or a letter from employer which justifies the type of permit requested. Resident students must present a copy of their housing contract, check-in sheet, or verifiable resident status in Banner. All registrants are responsible for providing PATS with a current address and keeping all information about vehicle ownership updated. (d) There is no grace period for registration of vehicles and acquisition of USF System institutions’ permits. New non-student employees may obtain a temporary permit for ten (10) business days from the start date of their employment. Proof of employment status is required. (e) Reserved spaces may be purchased by staff for a yearly fee. Requests for spaces must bear the concurrence of the President, chancellor, vice president, dean or designee, and attest to the fact that the space is needed based upon the registrants work requirements. These spaces are not transferable and cannot be sold to another individual in the event the registrant of the reserved space leaves the institution. Reserved parking locations are established by PATS to allow for proper parking management. (f) Commercial representatives in commercial vehicles using marked delivery trucks, telephone and power service vehicles, limousine service automobiles, taxis and buses making brief stops in the appropriate spaces or zones at one or more points on campus are not required to pay a parking fee or display a permit unless the vehicles will be parked. (g) Vendors/Contractors and sales or service representatives must display a USF Vendor/Contractor permit on their commercially or privately owned vehicles to park on the Tampa campus. These vehicles may be parked in any designated, unreserved non-GZ lot parking space. On the USFSP campus, vendors may park in GOLD zones with valid permit. On the USFS-M campus, vendors must display a Staff permit. Special parking arrangements must be approved in advance by PATS. Vendor/Contractor permit holders may also utilize designated loading/unloading zones for periods of thirty (30) minutes or less. (h) Disabled Parking Permits:

1. Disabled parkers may park in any disabled space on campus with an appropriate state disabled placard/license plate and a valid non-Park-n-Ride USF System institution’s permit. Both the disabled placard/license and USF System institution’s permit must be visibly displayed.
2. Any employee member or student with a temporary physical disability which impedes walking may apply, with authorized medical documentation from a physician, to PATS for a temporary USF disabled parking permit not to exceed five (5) business days.
3. Holders of temporary disabled spaces are required to advise PATS when assigned temporary disabled spaces are no longer required.
4. All spaces designated for the disabled are reserved twenty-four (24) hours a day/seven (7) days a week. (i) Daily/Temporary Parking Permits:
5. A person who is currently registered with PATS and temporarily not in possession of his/her permit must obtain a courtesy parking permit [limit of three (3) per semester] before parking on campus.
6. Upon request to PATS, permits may be issued to park out of assigned area, for extraordinary reasons.
7. USF System departments that are sponsoring or co-sponsoring an event on campus shall request parking permits and/or use of parking spaces at least two weeks in advance from PATS for the event participants. Assignment for event parking will be determined by PATS based on space availability.
8. A Visitor must obtain a daily permit from either the campus information center, a permit vending machine or the Parking Services office, or from pay stations located in designated areas to legally park on the Tampa campus. Hourly parking is available at Pay-by-Space locations and at meters. Also, visitors may request complimentary parking, up to three (3) times per semester, in designated Park-n-Ride lots. Contact individual institutions (p. 2) for location of Visitor daily permits. (j) Permit/Decal Regulations:
9. When the vehicle is parked, repositionable permits must be affixed, right side up, on the lower-left, driver’s side of the windshield by removing the protective covering with the permit clearly visible from the exterior of the vehicle. Alternate methods to affix permits, i.e., tape, suction cups, sleeves, etc. are not permitted. Hangtag permits must be displayed hanging from the vehicle’s rearview mirror with the logo side facing out. Hangtags must be unobstructed and clearly visible from the exterior of the vehicle. Note: Having tinted windows or using a sunscreen or a car cover does not preclude the necessity of ensuring the permit is plainly visible.
10. Permits may not be transferred from registrant to another vehicle operator who would otherwise be required to register their vehicle.
11. Repositionable permits may be transferred between same-owner vehicles only.
12. Adhesive decals are only issued to those registrants with convertibles, other open vehicles, or other reasons as approved by PATS. The decal must be permanently affixed to the left rear bumper and/or the left side rear/front windshield of the vehicle (outside only). Improper display of decal will result in a citation being issued and a fine being charged.
13. Adhesive decals are required for all two-wheeled motor vehicles and must be displayed on the front or rear fender or front fork of the vehicle unless otherwise approved by PATS.
14. USF System institutions’ permits may not be reproduced, altered, or transferred by anyone other than PATS.
15. The person who owns or registers a vehicle is responsible for assuring that the vehicle, regardless of who drives it, is parked in conformance with the rules and regulations and for knowing when the issued permit expires.
16. All citations issued to a permit will be that registrant’s responsibility regardless of which vehicle the permit is on at the time of the infraction, unless PATS has been advised of a lost or stolen permit. To request replacement or exchange of parking permits, contact the appropriate campus Parking and Transportation Services office.
17. Any vehicle parked on campus is parked at the risk of the operator. Permits declared lost or stolen will immediately become invalid. An affidavit must be completed for lost or stolen permits or in the event that the permit was sold with the car. If recovered, the permit will be reclaimed by PATS and destroyed. Any vehicle bearing a lost/stolen permit is subject to immediate immobilization and/or tow, even if the vehicle bearing the permit is owned by the person who has reported the permit as lost/stolen.
18. All campus employees, students and visitors who own, register, and have more than one vehicle on campus at the same time are required to have a valid permit displayed on each vehicle. (k) Payroll Deduction: Those persons employed as faculty, Administration, Post-Doctoral Fellows, or Staff may pay for their permits through payroll deduction. Those employees not considered permanent employees (i.e., Temporary, visiting and adjunct professors, etc.) are not eligible to use payroll deduction. Payroll deduction cannot be started after March 1 for the current fiscal year. (l) Refunds: Full refunds will be issued for permits, (excludes daily visitor and special events) when the refund is requested within fourteen (14) calendar days from the date of purchase, or for students, up to fourteen (14) days after the first day of the semester for which the permit is purchased. To receive the refund, the permit must be returned to PATS with the receipt. Refund requests received after fourteen (14) calendar days are pro-rated based on a fee schedule developed by PATS. Refunds will not be issued after the end of the fee schedule date. Permits ordered on-line and not picked up within 14 calendar days of the beginning of the semester will be charged a processing fee as outlined in the rates section of the current brochure. Note: Refunds cannot be issued on pre-tax payroll deduction. (m) Permit holders must notify PATS of change in status. Failure to do so will result in the revocation of parking privileges without any refund of the remainder of current year’s permit. (5) GENERAL GUIDELINES FOR DESIGNATED PARKING SPACES AND AREAS. (a) Parking is permitted only within marked spaces. The absence of “No Parking” signs or curb markings does not mean that parking is allowed. (b) Parking over a marker line is prohibited. Vehicles parked parallel to a curb shall be within one foot of the curb and inside parking markers. (c) Vehicles shall not be parked facing traffic in those lots with angled parking. For those lots with straight-in parking (90 degree) a vehicle may also be parked with the rear of the vehicle towards the closed end of the parking space. (d) Where parallel parking is permitted, vehicles must be parked facing the flow of traffic. (e) Vehicles shall not be parked in such a manner as to obstruct vehicular/pedestrian traffic, wheelchair ramps, interfere with normal operational activities, or to create a hazard. (f) Double parking is prohibited at all times. (g) Parking on grass, unpaved surfaces, sidewalks, crosswalks, service drives, loading zones, truck spaces, or on streets (except where specifically marked for parking) is prohibited. (h) Major repairs, as determined by PATS, to non-USF System owned vehicles shall not be performed on campus. (i) Unauthorized parking in RESERVED spaces is prohibited. (j) A vehicle parked and remaining at the same meter, unloading zone, or timed space will receive one ticket for an overtime violation during the first expired time period for that specific meter, zone, or space. If the vehicle remains at the same expired meter, zone, or space, additional tickets will be issued not to exceed two (2) citations for each calendar date. (k) Campus map and parking lot signs indicate where staff, residence hall, and non-residence hall students shall park according to the type of permit displayed on the vehicle. Vehicles may only be parked in the appropriate lots and spaces. (l) PATS offices reserve the right to establish some parking facilities as joint-use facilities to accommodate two or more categories of registered vehicles. This will be accomplished with proper signage and announcement of the designation. (m) Staff and students may purchase a Park-n-Ride permit which is a restrictive remote parking lot permit on the Tampa campus. Vehicles with this permit may be parked only in Lots designated as Park-n-Ride lots on the Tampa campus. Vehicles with this permit may not park in any lot on other campuses. (n) All loading/unloading zones have a 30 minute time limit. (o) All vehicle operators using a parking space controlled by a mechanical meter must pay to occupy the space in accordance with the instructions on the meter. (p) Only authorized vehicles may park in disabled spaces. (q) Oversized vehicles such as trucks, trailers, motor homes, or any vehicle that occupies more than one standard car space or extends beyond the space shall be parked in an area designated by PATS with appropriate parking permit. The maximum allowance time for parking in this manner is seven (7) calendar days. (r) Vehicles may not be used as overnight domiciles, except under emergency conditions and only with the prior approval of PATS. (s) Special Events/Maintenance: PATS has authority to close streets, lots and parking spaces to facilitate special events, and to perform necessary maintenance. Contact PATS when planning a special event on campus to receive proper parking permits and assignments. No department has the authority to close any lots without first obtaining permission from PATS. (6) TOWING/IMMOBILIZING VEHICLES (Not applicable to all campuses). (a) Vehicles are subject to being immobilized by a mechanical boot or towed away at the operator’s or the USF System department’s expense under any of the following conditions:
19. Those listed in this Rule 6C4-4.0010, F.A.C.
20. Unauthorized parking in reserved or disabled spaces.
21. Abandoning a vehicle (disabled or otherwise) for three (3) consecutive days or more. Disabled or abandoned vehicles must be attended to promptly with immediate notification made to PATS, Monday-Friday between 8:00 a.m. and 5:00 p.m., and to the University Police after 5:00 p.m. on weekdays and on weekends and holidays.
22. Parking in such a way as to interfere with campus operational activities. (b) Vehicles that have been immobilized by a mechanical boot are towed at the owner’s/department’s expense. The owner/department is required to pay for the outstanding citations, and the immobilization fee and applicable towing charges prior to claiming their vehicle. The fact that a previously immobilized vehicle has been removed from the area without authorization from PATS shall be prima facie evidence that the registered owner has tampered with the immobilized vehicle. Owners of immobilized vehicles may make restitution online at the PATS website or during office hours at the Parking Services office or the Campus Information Center. (c) A signed release slip must be obtained from PATS before owner’s towed vehicle may be reclaimed from the towing company. The release slip will only be issued during PATS office hours and after vehicle registration fees and outstanding citation fees are paid in full. In addition, the owner or operator of the towed vehicle must provide proper identification to the towing company and pay the towing charges in cash to the towing company before reclaiming the vehicle from the towing company. (7) PARKING VIOLATIONS, PENALTIES & PAYMENT: (a) Violations and Suspension of Parking Privileges: This section deals with Parking Violations only. Traffic and Moving violations are addressed in USF Rule 6C4-4.0011, F.A.C., and will be referred to the appropriate University enforcement official by the appropriate Parking and Transportation Services office. Operators of vehicles are subject to the Parking fines in accordance with the schedule of violation charges as provided in this rule. PATS reserves the right to restrict the ability to purchase a parking permit for a period up to twelve (12) months and the operator so notified by PATS whenever:
23. The person falsifies or misrepresents information on any PATS’ documents.
24. The person/department lends his/her vehicle to another person when the latter is not entitled to driving privileges.
25. The person/department required to register a vehicle does not respond to citations.
26. The person/department demonstrates actions that show a willful disregard for public safety or property, or engages in other types of disruptive behavior with another member of the USF System.
27. The person owes a delinquent parking debt to the USF System.
28. The person displays a counterfeit, stolen, altered, lost or revoked permit.
29. The person issues fraudulent payments to PATS for services and/or fines payment. (b) Parking citations not paid within 14 days of issuance, or not under appeal, are subject to an additional late fee as outlined in this rule. Any violations which are still outstanding after 45 days may be transferred to a collection agency (with additional fees assessed by the agency) or set off against employee pay warrants. Outstanding student accounts will also result in student records and registration being placed on hold until the debt is settled. More than two (2) outstanding citations will result in the vehicle being immobilized or towed. Staff and students at the USF Tampa campus with past due violation fees as of the end of the fall, spring, or summer semester may only purchase Park-n-Ride permits. Unless otherwise specified in these rules or on the appropriate PATS office website, all persons or departments who are cited for non-moving violations may make payment via the PATS website, to the PATS office in person or via mail. (c) Weapons and Firearms: The USF System prohibits weapons in vehicles on campus. “In accordance with Sections 790.115 and 790.251, F.S., individuals are prohibited from possessing firearms on USF System property. The USF System specifically waives the exception provided for in Sections 790.115(2)(a), (3), F.S., meaning that vehicles parked upon USF System property are not entitled to contain firearms pursuant to Section 790.25(5), F.S.” (8) APPEAL PROCESS FOR VIOLATION AND PENALTIES: Each System Member may establish an appeal process. The Tampa Campus appeal process is detailed below. Refer to other Member campuses websites [Sec. (1)(c)] for applicable appeal processes. (a) Only those persons or departments responsible for incurring the citation or the registrant of the vehicle cited may appeal to the Parking Citation Final Appeal Committee or the Student Government Supreme Court. (b) Any person or department who wishes to appeal a citation shall do so within fourteen (14) calendar days from the date of issuance on the citation. (Note: Warning citations may not be appealed.) Appeals may be submitted in writing, via the Internet at the Website published in paragraph (1)(c). The person or department appealing the decision must explain the circumstances existing at the time of the citation in the appeal for review of the citation. (c) If an appeal is not submitted within fourteen (14) calendar days from the date the citation was issued, the right to appeal is forfeited. (d) The written appeal will be reviewed by the Appeals Mediator/PAT staff, adjudicated based on the current PATS rules or regulations. The decision notification will be sent by email and USPS mail. (e) If the non-student person or department is dissatisfied with the decision of the Appeals Mediator/PATS staff, they may appeal the Appeals Mediator/Staff’s decision to the Parking Citation Final Appeal Committee. Appeals must be submitted in one of the following ways: online at the appropriate PATS office website or in writing. If the student is dissatisfied with the decision of the Appeals Mediator/Staff, he or she may appeal the Appeals Mediator/Staff’s decision to the Student Government Supreme Court. Appeals must be submitted in one of the following ways: online at the appropriate PATS office website or in writing. All appeal requests must be made within fourteen (14) calendar days from the date of the Appeals Mediator/PATS staff’s decision notification letter. The non-student Parking Citation Final Appeal Committee or Student Government Supreme Court will review the matter and may excuse, downgrade or uphold the citation, but may not contradict the prevailing parking and registration rules or regulations. The Parking Citation Final Appeal Committee and the Student Government Supreme Court are the final appeal authorities, pending review of dismissed citations by the Director of PATS for adherence to the prevailing parking and registration regulations. (f) The following are reasons that will not be accepted by PATS, the Parking Citation Final Appeals Committee, and Student Government Supreme Court as reasons to dismiss or reduce a citation. This is not an all-inclusive list: Disagreement with the Traffic and Parking Rules/Regulations Ignorance of the rule/regulation Stated inability to find a permitted parking space Operation of the vehicle by another person Stated failure to issue citations previously for similar violations Tardiness to class and/or appointment Inability to pay fine (lack of money) Displayed wrong or expired permit Traffic congestion Received bad verbal information Stated perception that designated parking area is not safe Appellants proceeding to file a final appeal should consider the following: Ensure the reason for the appeal is not one of those listed above. Prepare a concise written and/or oral argument not to exceed 5 minutes. (g) The Director of PATS will review all citations dismissed in final appeal. If the Director should determine either of the Final Appeals bodies is contradicting the prevailing Parking Rules and Regulations in their final appeals decisions, the following process shall be initiated to make a final determination on the appeal: The Director of PATS shall, by written notification, inform the appeal unit of the alleged contradiction. The Director of PATS and appeals unit shall meet to attempt to reconcile the differences. If no reconciliation is made, the parties shall consult with the Associate Vice President of Administrative Services (or designee) on the Tampa campus, or the appropriate official at the member institution who shall act as an arbitrator. The decision rendered by that official shall be final. (9) PARKING/TRAFFIC RATES & FINES IN EFFECT – 2013-2014 FY

USF TAMPA CAMPUS RATES (Prices do not include applicable sales tax, ex. Daily Permits) 2013-2014

Reserved – Annual $1,076

Gold Staff Lots – Annual $450

Affiliate Gold $494

Staff (E) Lots Annual > $25,000 annual salary $270

Staff (E) Lots Annual < $25,000 annual salary $262

Staff (E) Lots – Semester > $25,000 annual salary $135

Staff (E) Lots – Semester < $25,000 annual salary $132

Affiliate Staff $305

Vendor – Annual $356

Resident Student – Annual $226

Resident Student – Semester $113

Non-Resident Student-Annual $183

Non-Resident Student-Semester $91

Park-n-Ride $59

Motorcycle $62

Daily Permits/Event Daily Rate $5

Friend of USF – Annual (Visitor & Park-N-Ride (Y) lots) $290

Friend of USF – Semester (Visitor & Park-N-Ride (Y) lots) $145

FINES 2013-2014

Unauthorized parking in a Disabled space $275

Blocking access to a Disabled space/ramp $275

Boot fee (added for any immobilized vehicle) $30

Displaying an altered/stolen/lost/ revoked/counterfeit decal/permit $175

Unauthorized removal and/or damage to immobilization device (boot), and replacement or repair cost to device, eligible to be towed, and/or loss of campus parking privileges. $175

False Registration – and parking for one year restricted to Park-n-Ride lots and/or loss of campus parking privileges $175

Blocking a ramp $75

Unauthorized parking in a Reserved space $75

Unauthorized parking in a service drive or on grass $40

No current decal/permit displayed $30

Unauthorized parking in State Vehicle space $30

Failure to park in assigned lot $30

Blocking traffic $30

Parking in “No Parking” Zone/Barricaded area $30

Parking in an angled parking space facing traffic $15

Double parked/parked over line $15

Improper parking permit display $15

Overtime violation $15

Late Fee (after 14 days) $15

Students/Staff Permits First Replacement $24

Students/Staff Permits Second Replacement $24

Students/Staff Permits Third Replacement Full Price

Reserved Permits First Replacement $48

Reserved Permits Second Replacement $48

Reserved Permits Third Replacement Full Price

Non-Pickup Permit Processing Fee $15

Staff and students at the USF Tampa campus may participate in the Campus Litter Cleanup Program to satisfy charges not to exceed forty dollars ($40.00) for the academic year. Staff and students with past due violation fees as of the end of the fall, spring, or summer semester may only purchase Park-n-Ride permits.

USF ST. PETERSBURG CAMPUS RATES (Prices include applicable sales tax) 2013-2014

Student – Annual $173

Student – Semester $88

Residence Hall – Annual $232

Residence Hall – Semester $118

Reserved Staff – Annual $1,027

Gold Staff – Annual $431

Green Staff – Annual $256

Green Staff – Semester $129

Remote Lot Only – Annual $56

Affiliates – Annual $513

Vendor – Annual $374

Motorcycle/Scooter – Annual $58

Monthly Permit $49

Daily Permit $5

Late Fee (after 14 days) $15

Students/Staff Permits First Replacement $20

Students/Staff Permits Second Replacement $20

Students/Staff Permits Third Replacement Full Price

Reserved Permits First Replacement $40

Reserved Permits Second Replacement $40

Reserved Permits Third Replacement Full Price

FINES 2013-2014

Unauthorized parking in Disabled space $275

Blocking access to a Disabled space/ramp $275

Displaying an altered, stolen, lost, revoked or counterfeit permit and parking for one year restricted and/or loss of campus parking privileges $125

Blocking a ramp $75

Unauthorized parking in a Reserved space $75

Unauthorized parking in a service drive or on grass $40

No current decal/permit displayed $30

Unauthorized parking in State Vehicle Space $30

Failure to park in assigned lot $30

Blocking traffic $30

Parking in “No Parking” Zone or Barricaded area $30

Parking in an angled parking space facing traffic $15

Double parked or parked over line $15

Improper parking permit display $15

Overtime violation $15

Immobilization device $50

USF SARASOTA-MANATEE CAMPUS RATES (Prices include applicable sales tax) 2013-2014

Staff Permits – Annual $129

Staff Permits – Semester $64

Student Permits – Annual $100

Student Permits – Semester $50

Motorcycle $20

Daily Permits $3

Special Staff Permit-Semester Only $37

Academy of Lifelong Learning-Quarter Only $19

Staff/Students Permits First Replacement $24

Staff/Students Permits Second Replacement $24

Staff/Students Permits Third Replacement Full Price

FINES 2013-2014

Unauthorized parking in a Disabled space $275

Blocking access to a Disabled space/ramp $275

Displaying an altered/stolen/lost/ revoked/counterfeit decal/permit. (Parking restricted 1 year and/or loss of campus parking privileges, referral to Student Affairs and/or Human Resources for disciplinary action) $175

Unauthorized removal and/or damage to immobilization device (boot), and replacement or repair cost to device, eligible to be towed; and/or loss of campus parking privileges. $175

False Registration – and parking for one year restricted to distance lots and/or loss of campus parking privileges. $175

Blocking a ramp $75

Unauthorized parking in a Reserved space $75

Unauthorized parking in a service drive or on grass $40

No current decal/permit displayed $30

Unauthorized parking in Visitor or State Vehicle space $30

Failure to park in assigned lot – $30

Blocking traffic $30

Parking in “No Parking” Zone/Barricaded area $30

Parking in an angled parking space facing traffic $15

Double parked/parked over line $15

Improper parking permit display $15

Overtime violation $15

Late fee (after 14 days) $15

Rulemaking Authority 316, 790.25, 1006.66, 1009.24 FS. Law Implemented 1006.66 FS. History–New 1-30-12, Amended 4-23-12, 5-28-13. 6C4-4.0011 Traffic and Moving Violations. (1) Section 1006.66, F.S., requires each University Board of Trustees to adopt rules “that govern traffic on the grounds of the University; that provide penalties for the infraction of such traffic rules; and that the University finds necessary, convenient, or advisable for the safety or welfare of the students, faculty members, or other persons.” Regional campuses and separately accredited institutions may have different names and locations for parking and traffic offices and officials. This rule applies to the USF System unless otherwise specified in this rule or on the individual campus parking/traffic information website. USFTPA http:// www.usf.edu/parking_services/

USFSP http://www.usfsp.edu/parking_services/index.htm

USFS-M http://www.sarasota.usf.edu/services/Parking/

Or at the main building: USFTPA 4202 E. Fowler Avenue, Room PSB 101, Tampa, FL 33620

USFSP 140 USFSP Harborwalk Ave. S, BAY 132, St. Petersburg, FL 33701

USFS-M 8350 N. Tamiami Trail, SMC-B116, Sarasota, Florida 34243-2049

(2) TRAFFIC. (a) Traffic rules, regulations and directive signs governing the use of motor vehicles are in effect 24 hours a day, all year long. Inclement weather does not bar their enforcement. (b) The appropriate parking & transportation services office (PATS) on each campus will refer traffic violations to the appropriate official. (c) Motorists shall yield the right-of-way to pedestrians within a crosswalk. (d) The Tampa campus speed limit is 25 m.p.h. unless otherwise posted. Speed limit in parking lots is 10 m.p.h. and 5 m.p.h. in parking garages. Refer to each campus’ parking/traffic information website for applicable speed limits. (e) It is unlawful to drive in the opposite direction of the normal flow of traffic. (f) It is unlawful to remove, alter, or change any traffic control device, sign, barricade, or traffic cone. It is also unlawful to drive around barricades, traffic cones in the roadway, or parking facilities that are closed by PATS. (3) SCOOTERS, MOTORCYCLES, BICYCLES, AND MOPEDS. (a) Drivers of scooters, motorcycles, bicycles and mopeds are responsible for observing the same traffic rules/regulations as those governing vehicles. (b) Drivers may not drive, ride or park scooters, mopeds, or motorcycles on grass, sidewalks or in the confines of a building. (c) It is unlawful for more than one person to ride on a vehicle at the same time, unless the vehicle is designed for and equipped with a seat for each person. (d) Drivers may not park two-wheeled motorized vehicles in an automobile space. They are, however, allowed to park at paid meters. There are designated motorcycle spaces available. (e) Holders of motorcycle or bicycle permits are entitled to a maximum of five (5) days, annually, of temporary parking permits for four-wheeled vehicles. (f) All two-wheeled motor vehicles must be registered with PATS. Motorcycles cannot display automobile permits at any time. Registered owners with both an automobile and a motorcycle who wish to park both on campus must have a permit for each. (g) Bicyclists will be ticketed for MOVING VIOLATIONS on streets or sidewalks by University Police. Bicycle Regulations are outlined in Section 316.2065, F.S. A person propelling a bicycle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, but the cyclist shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. (4) ENFORCEMENT. (a) ALL FLORIDA TRAFFIC LAWS ARE ENFORCEABLE ON CAMPUS. (b) University Police or the appropriate Law Enforcement authority on USF System campuses are authorized to directly and immediately enforce these rules/regulations, to make arrests, and to issue moving traffic citations on campus and off campus in cases where the offenses occur or originate on campus. (c) University Police, Parking Enforcement Specialists, the appropriate Law Enforcement authority or specially designated personnel are authorized to issue parking citations for parking and registration violations in accordance with these rules twenty-four (24) hours a day/seven (7) days a week. Rulemaking Authority 1006.66 FS. Law Implemented 1006.66 FS., Chapter 316 LOF History–New 1-30-12, Amended 11-24-13. 6C4-4.0021 Bicycle Traffic and Parking Regulations. Rulemaking Authority 240.264 FS. Law Implemented 240.263, 240.264, 240.265, 240.266, 240.268(2), 316.2065 FS. History–New 7-3-79, Amended 12-13-81, Formerly 6C4-4.021, Amended 11-29-89, 10-20-93, Repealed 4-29-01. 6C4-4.00210 Traffic Regulations. Rulemaking Authority 240.227(1), (27), 240.264 FS. Law Implemented 240.227(13), 240.264, 240.265 FS. History–New 4-29-01, Repealed 1-30-12. 6C4-4.00211 Regulations Governing Scooters, Motorcycles, Bicycles and Mopeds. Rulemaking Authority 240.227(1), (27), 240.264 FS. Law Implemented 240.227(13), 240.264, 240.265 FS. History–New 4-29-01, Repealed 1-30-12. 6C4-4.00212 Towing/Immobilizing of Vehicles. Rulemaking Authority 240.227(1), (27), 240.264 FS. Law Implemented 240.227(13), 240.264, 240.265, 240.266 FS. History–New 4-29-01, Repealed 1-30-12. 6C4-4.00213 Violations, Penalties and Fines. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 316.008, 316.1955, 316.1957, 1001.74(35), (39), 1006.66 FS. History–New 4-29-01, Amended 8-11-04, Repealed 1-30-12. 6C4-4.00214 Citation – Payment and Appeal Process. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 316.008, 316.1955, 316.1957, 1001.74(35), (39), 1006.66 FS. History–New 4-29-01, Amended 8-11-04, Repealed 1-30-12. 6C4-4.0022 Canines on Campus. Rulemaking Authority 120.53, 240.227 FS. Law Implemented 240.227 FS. History–New 6-6-90, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.0023 Driving and Parking on Campus. Rulemaking Authority 1001.74(4), 1009.24(12)(p) FS. Law Implemented 1006.66 FS. History–New 4-29-01, Amended 11-22-01, 5-9-02, 7-31-02, 8-7-03, 8-11-04, 7-28-05, Repealed 1-30-12. 6C4-4.0024 Definitions for Rules 6C4-4.00210 through 6C4-4.00214 and 6C4-4.0023 through 6C4-4.0029, F.A.C. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 316.008, 316.1955, 316.1957, 1001.74(35), (39), 1006.66 FS. History–New 4-29-01, Amended 8-11-04, Repealed 1-30-12. 6C4-4.0025 Registration Regulations. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 316.008, 316.1955, 316.1957, 1001.74(35), (39), 1006.66 FS. History–New 4-29-01, Amended 8-11-04, Repealed 1-30-12. 6C4-4.0026 Vehicle Registration Fees. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 316.008, 316.1955, 316.1957, 1001.74(35), (39), 1006.66 FS. History–New 4-29-01, Amended 8-11-04, Repealed 1-30-12. 6C4-4.0027 Parking Regulations. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 316.008, 316.1955, 316.1957, 1001.74(35), (39), 1006.66 FS. History–New 4-29-01, Amended 8-11-04, Repealed 1-30-12. 6C4-4.0028 Visitor/Temporary Parking Permits. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 316.008, 316.1955, 316.1957, 1001.74(35), (39), 1006.66 FS. History–New 4-29-01, Amended 8-11-04, Repealed 1-30-12. 6C4-4.0029 Disabled Parking. Rulemaking Authority 1001.74(4), 1006.66(2) FS. Law Implemented 316.008, 316.1955, 316.1957, 1001.74(35), (39), 1006.66 FS. History–New 4-29-01, Amended 8-11-04, Repealed 1-30-12. 6C4-4.003 University Property. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), 273.01, 273.02 FS. History–New 10-6-75, Amended 7-3-83, 8-30-83, 5-21-84, 9-19-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.004 Check Cashing. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), 832.07 FS. History–New 10-6-75, Amended 12-13-81, Formerly 6C4-4.04, Repealed 5-7-90. 6C4-4.005 Refunds. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1)(a), 240.227(1) FS. History–New 10-6-75, Amended 12-13-81, Formerly 6C4-4.05, Amended 1-8-92, Repealed 5-11-94. 6C4-4.006 Grievances – (Non-Unit) University Support Personnel Staff (USPS). Rulemaking Authority 120.53(1)(a), 240.227(1), (5), (19) FS. Law Implemented 240.227(1)(a), 240.209(3)(e), (f), 240.227(1), (5), (19) FS. History–New 10-6-75, Formerly 6C4-4.06, Amended 7-30-91, Transferred to 6C4-10.016. 6C4-4.007 University Support Personnel Staff (USPS) Personnel Files. Rulemaking Authority 120.53(1)(a), (2)(a), (k), 240.53(1)(a), 240.227(1), (5), (19) FS. Law Implemented 119.07(2)(a), 240.53(1)(a), 240.209(3)(e), (f), 240.227(1), (5), (19), 240.253 FS. History–New 10-6-75, Formerly 6C4-4.07, Amended 6-4-91, Transferred to 6C4-10.014. 6C4-4.008 Disciplinary Action – (Non-Unit) University Support Personnel Staff (USPS). Rulemaking Authority 120.53(1)(a), 240.227(1), (5), (19) FS. Law Implemented 240.53(1)(a), 240.209(3)(e), (f), 240.227(1), (5), (19) FS. History–New 10-6-75, Formerly 6C4-4.08, Amended 6-4-91, Transferred to 6C4-10.015. 6C4-4.009 Accounts Receivable. Rulemaking Authority 229.0081(2), 240.291 FS. Law Implemented 229.0081(2), 240.291 FS. History–New 10-6-75, Amended 7-3-79, Formerly 6C4-4.09, Amended 3-13-91, 12-30-92, 7-31-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.0095 Employee Debt Collection. Rulemaking Authority 229.0081(2), 240.291 FS. Law Implemented 240.291 FS. History–New 8-29-83, Formerly 6C4-4.095, Amended 8-19-90, 4-27-94, 7-20-95, 7-31-02, Repealed by Section 20, Chapter 2011-177, Laws of Florida. 6C4-4.010 Cancellation of Registration for Nonpayment of Tuition and Fees and Returned Checks in Payment of Tuition and Fees. Rulemaking Authority 229.0081(2), 240.291 FS. Law Implemented 229.0081(2), 240.291 FS. History–New 10-6-75, Amended 7-3-79, 12-13-81, Formerly 6C4-4.10, Amended 1-8-92, 4-27-94, 7-20-95, 7-31-02, Repealed by Section 20, Chapter 2011-177, Laws of Florida. 6C4-4.0101 Student Registration. Rulemaking Authority 229.0081(2) FS. Law Implemented 229.0081(2), 229.0082(11), 240.209(2)(e), 240.235(2) FS. History–New 5-11-94, Amended 7-20-95, 7-31-02, 11-14-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.0102 Tuition and Fees. Rulemaking Authority 1001.74(4), (11) FS. Law Implemented 832.07(1), 1009.24, 1009.26 FS., Chapter 2005-70; 2005-2006, General Appropriations Act; 2005 Legislative Session. History–New 12-26-02, Amended 4-4-04, 2-2-05, 12-18-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.0107 Special Fees, Fines and Penalties. Rulemaking Authority 1001.74(4), (6), (11) FS. Law Implemented 832.07(1), 1001.74(11), 1009.24, 1009.26 FS. History–New 8-31-03, Amended 10-18-04, 8-7-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.011 Purpose. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.53(1)(a), 240.225, 240.227(1), (12), 287.042 FS. History–New 6-4-80, Formerly 6C4-4.11, Amended 5-12-87, Repealed 10-12-03. 6C4-4.01101 Application. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.53(1)(a), 240.225, 240.227(1), (12), (13) FS. History–New 6-4-80, Formerly 6C4-4.1101, Repealed 10-12-03. 6C4-4.01103 Application. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12) FS. History–New 6-4-80, Formerly 6C4-4.1103, Amended 5-12-87, 6-10-99, Repealed 10-12-03. 6C4-4.01105 Procurement Organization. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 287.042 FS. History–New 6-4-80, Formerly 6C4-4.1105, Amended 5-12-87, Repealed 4-20-99. 6C4-4.01107 Delegations of Authority. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12) FS. History–New 6-4-80, Formerly 6C4-4.1107, Amended 5-12-87, Repealed 4-20-99. 6C4-4.01109 Formal Bids Required. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 283.42, 287.062 FS. History–New 6-4-80, Formerly 6C4-4.1109, Amended 5-12-87, Repealed 4-20-99. 6C4-4.01111 No General Contract for Class B Printing. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 283.42, 287.102 FS. History–New 6-4-80, Formerly 6C4-4.1111, Amended 5-12-87, Repealed 4-20-99. 6C4-4.01112 Request for Proposals. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 287.42, 287.057, 287.058 FS. History–New 5-12-87, Repealed 4-20-99. 6C4-4.01113 Source Selection and Contract Formation. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12) FS. History–New 6-4-80, Formerly 6C4-4.1113, Amended 5-12-87, 7-11-99, Repealed 10-12-03. 6C4-4.01115 Sole Source Procurement. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 287.057(5), 287.062(1)(c) FS. History–New 6-4-80, Formerly 6C4-4.1115, Amended 5-12-87, Repealed 10-12-03. 6C4-4.01117 Emergency Procurement. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 287.057(11), 287.062(1)(a) FS. History–New 6-4-80, Formerly 6C4-4.1117, Amended 5-12-87, Repealed 4-20-99. 6C4-4.01119 Cancellation of Invitation to Bid, Request for Proposal, or Request for Quotations. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 287.042 FS. History–New 6-4-80, Formerly 6C4-4.1119, Amended 5-12-87, Repealed 4-20-99. 6C4-4.01121 Responsibility of Bidders. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12) FS. History–New 6-4-80, Formerly 6C4-4.1121, Amended 5-12-87, 7-11-99, Repealed 10-12-03. 6C4-4.01123 Multi-term Contracts. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 287.042, 287.057, 287.062, 287.063(2) FS. History–New 6-4-80, Formerly 6C4-4.1123, Amended 5-12-87, Repealed 4-20-99. 6C4-4.01125 Cancellation Clause. Rulemaking Authority 240.227(1) FS. Law Implemented 240.225, 240.227(1), (15), (17) FS. History–New 6-4-80, Formerly 6C4-4.1125, Repealed 5-12-87. 6C4-4.01127 Use of Contracts Issued by the Florida Division of Purchasing. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 287.042(2), 287.062(1)(b) FS. History–New 6-4-80, Formerly 6C4-4.1127, Amended 5-12-87, Repealed 4-20-99. 6C4-4.01129 Right to Inspect Bidder’s Facility. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12) FS. History–New 6-4-80, Formerly 6C4-4.1129, Amended 6-10-99, Repealed 10-12-03. 6C4-4.01131 Reporting of Anticompetitive Practices. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12) FS. History–New 6-4-80, Formerly 6C4-4.1131, Amended 6-10-99, Repealed 10-12-03. 6C4-4.01133 Specifications. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12) FS. History–New 6-4-80, Formerly 6C4-4.1133, Amended 5-12-87, Repealed 4-20-99. 6C4-4.01135 Performance Deposits and Payments and Performance Bonds. Rulemaking Authority 120.53(1)(a), 240.227(1), 255.02(1) FS. Law Implemented 120.53(1)(a), 235.32, 240.225, 240.227(1), (12), 255.05(1), 287.042 FS. History–New 6-4-80, Formerly 6C4-4.1135, Amended 5-12-87, Repealed 4-20-99. 6C4-4.01137 Acquisition of Printing, Duplicating, and Reproductive Equipment. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 287.043 FS. History–New 6-4-80, Formerly 6C4-4.1137, Repealed 4-20-99. 6C4-4.01141 Authority to Debar or Suspend Vendors. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12) FS. History–New 6-4-80, Formerly 6C4-4.1141, Amended 5-12-87, 7-11-99, Repealed 10-12-03. 6C4-4.01143 Cooperative Purchasing. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 283.042 FS. History–New 6-4-80, Formerly 6C4-4.1143, Repealed 4-20-99. 6C4-4.01145 Assistance to Small and Minority Business Enterprises. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 287.042, 287.062, 287.0945, 287.0947 FS. History–New 6-4-80, Formerly 6C4-4.1145, Amended 5-12-87, Repealed 10-12-03. 6C4-4.01147 Code of Ethics and Conduct. Rulemaking Authority 240.227(1) FS. Law Implemented 112.3148, 240.227(12) FS. History–New 6-4-80, Formerly 6C4-4.1147, Amended 5-12-87, 10-27-92, 6-10-99, Repealed 10-12-03. 6C4-4.01149 Classes of Contractual Services and Statistical Reporting. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.225, 240.227(1), (12), 287.042, 287.057, 287.058 FS. History–New 5-12-87, Repealed 4-20-99. 6C4-4.012 Purpose. Rulemaking Authority 240.227(1), 255.249(2) FS. Law Implemented 240.225, 240.227(1), (17), 255.248, 255.249, 255.25 FS. History–New 6-4-80, Formerly 6C4-4.12, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01201 Definitions. Rulemaking Authority 240.227(1), 255.249(2) FS. Law Implemented 240.225, 240.227(1), (17), 255.25(2) FS. History–New 6-4-80, Formerly 6C4-4.1201, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01203 Approval. Rulemaking Authority 120.53(1)(a), 240.227(1), 255.249(2) FS. Law Implemented 240.255, 240.227(1), (17), 255.25, 255.249(3) FS. History–New 6-4-80, Formerly 6C4-4.1203, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01205 Standard Lease Form. Rulemaking Authority 120.53(1)(a), 240.227(1), 255.249(2) FS. Law Implemented 240.225, 240.227(1), (17), 255.249(3) FS. History–New 6-4-80, Formerly 6C4-4.1205, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01207 Fire Code Compliance in Leased Space. Rulemaking Authority 240.227(1), 255.249(2) FS. Law Implemented 240.225, 240.227(1), (17), 255.25(5) FS. History–New 6-4-80, Formerly 6C4-4.1207, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01209 Leases of 5,000 or More Square Feet. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 255.25(3)(a), 1001.74(5), 1001.75(5) FS. History–New 6-4-80, Formerly 6C4-4.1209, Amended 4-29-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01211 Competitive Bidding. Rulemaking Authority 240.227(1), 255.249(2) FS. Law Implemented 240.225, 240.227(1), (17), 255.249(2)(b), (h), (i), 255.25(3), 255.254 FS. History–New 6-4-80, Formerly 6C4-4.1211, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01212 Single Source Facilities. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 255.249, 255.25 FS. Law Implemented 240.225, 240.227(1), (17), 255.249, 255.25 FS. History–New 1-18-82, Formerly 6C4-4.1212, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01213 Disclosure Statements. Rulemaking Authority 240.227(1), 255.249(2) FS. Law Implemented 240.225, 240.227(1), (17), 255.249(2)(b), (h), (i), 255.25(3) FS. History–New 6-4-80, Formerly 6C4-4.1213, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01215 Legal Review. Rulemaking Authority 240.227(1), (17), 255.249(2) FS. Law Implemented 240.225, 240.227(1), (17) FS. History–New 6-4-80, Formerly 6C4-4.1215, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01217 Certification of Compliance. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), (17), 255.21(5), 255.249, 255.25 FS. Law Implemented 240.225, 240.227(1), (17), 255.249, 255.25 FS. History–New 6-4-80, Amended 1-18-82, Formerly 6C4-4.1217, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.013 Purpose. Rulemaking Authority 240.227(1), 287.16(6) FS. Law Implemented 240.225, 240.227(1), (17), 287.15, 287.16 FS. History–New 6-4-80, Formerly 6C4-4.13, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01301 Approval for Vehicles and Watercraft Acquisitions. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12) FS. History–New 6-4-80, Formerly 6C4-4.1301, Amended 7-11-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01303 Acquisition and Disposal. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(13) FS. History–New 6-4-80, Formerly 6C4-4.1303, Amended 6-10-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01305 Assignment and Use. Rulemaking Authority 240.227(1), 287.16(6) FS. Law Implemented 240.225, 240.227(1), (17), 287.16, 287.17 FS. History–New 6-4-80, Formerly 6C4-4.1305, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01307 Maintenance. Rulemaking Authority 240.227(1), 287.16(6) FS. Law Implemented 240.225, 240.227(1), (17), 287.16 FS. History–New 6-4-80, Formerly 6C4-4.1307, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01309 Aircraft. Rulemaking Authority 240.227(1), 287.16(6) FS. Law Implemented 240.225, 240.227(1), (17), 287.15, 287.16 FS. History–New 6-4-80, Formerly 6C4-4.1309, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.014 Purpose. Rulemaking Authority 240.227(1), 273.055 FS. Law Implemented 240.225, 240.227(1), (17), 273.055 FS. History–New 6-4-80, Formerly 6C4-4.14, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01401 Definitions. Rulemaking Authority 240.227(1), 273.055 FS. Law Implemented 240.225, 240.227(1), (17), 273.05, 273.055 FS. History–New 6-4-80, Formerly 6C4-4.1401, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01403 Reporting Requirements for Surplus, State-owned, Tangible Personal Property. Rulemaking Authority 120.53(1)(a), 240.227(1), 273.055 FS. Law Implemented 240.225, 240.227(1), (17), 273.05, 273.055 FS. History–New 6-4-80, Formerly 6C4-4.1403, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01405 Certification. Rulemaking Authority 240.227(1), 273.055 FS. Law Implemented 240.225, 240.227(1), (17), 273.05 FS. History–New 6-4-80, Formerly 6C4-4.1405, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01407 Buildings and Structures. Rulemaking Authority 240.227(1), 273.055 FS. Law Implemented 240.225, 240.227(1), (17), 273.05, 273.055 FS. History–New 6-4-80, Formerly 6C4-4.1407, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01409 Items to be Reported. Rulemaking Authority 120.53(1)(a), 240.227(1), 273.055 FS. Law Implemented 240.225, 240.227(1), (17), 273.05, 273.055 FS. History–New 6-4-80, Formerly 6C4-4.1409, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01411 Procedures for Disposal of Surplus Property. Rulemaking Authority 120.53(1)(a), 240.227(1), 273.055 FS. Law Implemented 240.225, 240.227(1), (17), 273.05, 273.055 FS. History–New 6-4-80, Formerly 6C4-4.1411, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01413 Availability of Surplus State Property. Rulemaking Authority 120.53(1)(a), 240.227(1), 273.055 FS. Law Implemented 240.225, 240.227(1), (17), 273.05, 273.055 FS. History–New 6-4-80, Formerly 6C4-4.1413, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01415 Surplus Property with an Estimated Value of $5,000 or More. Rulemaking Authority 240.227(1), 273.055 FS. Law Implemented 240.225, 240.227(1), (17), 273.05, 273.055(1) FS. History–New 6-4-80, Formerly 6C4-4.1415, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01417 Authority for Disposal. Rulemaking Authority 120.53(1)(a), 240.227(1), 273.055 FS. Law Implemented 240.225, 240.227(1), (17), 273.05, 273.055 FS. History–New 6-4-80, Formerly 6C4-4.1417, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01419 Exchange Property. Rulemaking Authority 120.53(1)(a), 240.227(1), 273.055 FS. Law Implemented 240.225, 240.227(1), (17), 273.04, 273.055 FS. History–New 6-4-80, Formerly 6C4-4.1419, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01421 Contract/Grant Funded Property. Rulemaking Authority 240.227(1) FS. Law Implemented 240.225, 240.227(1), (17) FS. History–New 6-4-80, Formerly 6C4-4.1421, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01423 Disposition of Monies. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.225, 240.227(1), (17) FS. History–New 6-4-80, Formerly 6C4-4.1423, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-4.01425 Fee Assessment and Remittance. Rulemaking Authority 240.227(1), 240.235 FS. Law Implemented 240.227(3)(e), 240.835 FS. History–New 12-13-81, Amended 6-10-84, Formerly 6C4-4.1425, Repealed 5-11-94. 6C4-4.02000 Statement of Intent. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5) FS. History–New 4-29-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C4-4.02010 Definitions. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5) FS. History–New 4-29-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C4-4.02020 Purchasing Services Duties. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 4-29-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C4-4.02030 Competitive Solicitation Requirements. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5), 1010.04(4) FS. History–New 4-29-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C4-4.02040 Purchase of Commodities or Contractual Services. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 4-29-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C4-4.02050 Bonds. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 120.57(3)(b), 255.051, 255.0516, 1001.74(5) FS. History–New 4-29-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C4-4.02060 Contracts. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.75(5) FS. History–New 4-29-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C4-4.02070 Standards of Conduct. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 112.3148, 1001.74(5) FS. History–New 4-29-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C4-4.02080 Purchase of Motor Vehicles. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5) FS. History–New 4-29-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida.

Chapter 6C4-6 STUDENT AFFAIRS

Fla. Admin. Code R. 6C4-6 STUDENT AFFAIRS

CHAPTER 6C4-6 STUDENT AFFAIRS 6C4-6.0021 Student Code of Conduct (Repealed) 6C4-6.011 Counseling Center for Human Development Services (Repealed) 6C4-6.012 Financial Aid (Repealed) 6C4-6.0121 Financial Aid Administration, Distribution and Use of Financial Aid Resources (Repealed) 6C4-6.013 University Residence Halls (Repealed) 6C4-6.0161 Tampa Campus Student Health Center Services (Repealed) 6C4-6.0162 Health Insurance for International Students and Research Scholars (Repealed) 6C4-6.017 Registration and Conduct of Student Organizations (Repealed) 6C4-6.018 Use of University of South Florida Riverfront Park (Repealed) 6C4-6.020 Use of Marshall Center and Special Events Center Facilities and Equipment (Repealed) 6C4-6.026 Distribution of Material and Solicitation on Campus (Repealed) 6C4-6.028 Student Government Associations (Repealed) 6C4-6.0021 Student Code of Conduct. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 240.261 FS. History–New 9-23-85, Formerly 6C4-6.021, Amended 5-27-92, 7-26-92, 12-2-92, 12-29-94, 4-11-99, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-6.011 Counseling Center for Human Development Services. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1), 394.459(9) FS. History–New 10-6-75, Amended 7-3-79, Formerly 6C4-6.11, Amended 9-15-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-6.012 Financial Aid. Rulemaking Authority 240.227(1), (27), 240.404(2) FS. Law Implemented 240.227(26), 240.404 FS. History–New 10-6-75, Amended 7-3-79, Formerly 6C4-6.12, Amended 6-17-91, 12-23-92, 7-29-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-6.0121 Financial Aid Administration, Distribution and Use of Financial Aid Resources. Rulemaking Authority 240.227(1), 240.287, 240.4042(2) FS. Law Implemented 240.227(13), 240.287, 240.4042(2) FS. History–New 12-31-86, Amended 10-1-91, 11-8-93, 7-29-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-6.013 University Residence Halls. Rulemaking Authority 1001.74(4), 1006.60 FS. Law Implemented 1001.74(6), 1006.60 FS. History–New 10-6-75, Amended 7-26-76, 7-3-79, Formerly 6C4-6.13, Amended 1-8-92, 1-28-04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-6.0161 Tampa Campus Student Health Center Services. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1), 240.235(1) FS. History–New 7-3-79, Amended 8-25-81, Formerly 6C4-6.161, Amended 7-17-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-6.0162 Health Insurance for International Students and Research Scholars. Rulemaking Authority 229.0081(2)(o), 240.233(4) FS. Law Implemented 229.0081(2)(o), 229.0082(4), 240.233(4) FS. History–New 8-19-90, Amended 12-30-92, 6-19-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-6.017 Registration and Conduct of Student Organizations. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 10-6-75, Amended 7-3-79, Formerly 6C4-6.17, Amended 10-4-90, 12-23-92, 8-31-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-6.018 Use of University of South Florida Riverfront Park. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 10-6-71, Amended 7-3-79, Formerly 6C4-6.18, Amended 1-8-92, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-6.020 Use of Marshall Center and Special Events Center Facilities and Equipment. Rulemaking Authority 229.0081(2)(r), 240.261(1), (2) FS. Law Implemented 229.0081(2)(r), 240.261(1), (2) FS. History–New 10-6-75, Amended 7-3-79, Formerly 6C4-6.20, Amended 7-30-91, 12-23-92, 6-19-02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-6.026 Distribution of Material and Solicitation on Campus. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 8-19-90, Amended 12-30-92, 9-19-93, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-6.028 Student Government Associations. Rulemaking Authority 1001.74(4), 1004.26, 1009.24(9) FS. Law Implemented 1001.74(10)(i), 1001.75(15), 1004.26, 1009.24(9) FS. History–New 6-10-98, Amended 6-1-99, 7-28-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C4-9 HEALTH SCIENCES CENTER

Fla. Admin. Code R. 6C4-9 HEALTH SCIENCES CENTER

CHAPTER 6C4-9 HEALTH SCIENCES CENTER 6C4-9.005 Graduation Requirements - College of Medicine (Repealed) 6C4-9.010 University of South Florida - College of Medicine Bulletin and Brochure (Repealed) 6C4-9.011 College of Nursing Student Handbook (Repealed) 6C4-9.012 College of Public Health (Repealed) 6C4-9.005 Graduation Requirements - College of Medicine. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 5-19-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-9.010 University of South Florida - College of Medicine Bulletin and Brochure. Rulemaking Authority 120.53(1)(a), (b), 240.227(1) FS. Law Implemented 120.53(1)(a), (b), 240.227(1), 240.233 FS. History–New 1-18-82, Amended 8-30-83, Formerly 6C4-9.10, Amended 8-19-90, 9-15-91, 1-8-92, 6-14-94, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-9.011 College of Nursing Student Handbook. Rulemaking Authority 120.53(1)(a), (b), 240.227(1) FS. Law Implemented 120.53(1)(a), (b), 240.227(1), 240.233 FS. History–New 5-19-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-9.012 College of Public Health. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(8), 240.233 FS. History–New 10-10-00, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C4-10 UNIVERSITY PERSONNEL MATTERS

Fla. Admin. Code R. 6C4-10 UNIVERSITY PERSONNEL MATTERS

CHAPTER 6C4-10 UNIVERSITY PERSONNEL MATTERS 6C4-10.001 Purpose of Chapter 6C4-10 (Repealed) 6C4-10.002 Conflict of Interest (Repealed) 6C4-10.003 Employment of Relatives (Repealed) 6C4-10.004 Seeking or Holding Elected Public Office (Repealed) 6C4-10.005 Outside Activity (Repealed) 6C4-10.006 Misconduct (Repealed) 6C4-10.007 Employee Selection and Appointment (Repealed) 6C4-10.008 Use of University Facilities and Services (Repealed) 6C4-10.009 Discipline (Repealed) 6C4-10.010 Grievance Procedure (Repealed) 6C4-10.011 Non-Reappointment (Repealed) 6C4-10.012 Inventions and Works (Repealed) 6C4-10.013 Employee Recognition Program (Repealed) 6C4-10.014 University Support Personnel Staff (USPS) Personnel Files (Repealed) 6C4-10.015 Disciplinary Action – (Non-Unit) University Support Personnel Staff (USPS) (Repealed) 6C4-10.016 Grievances – (Non-Unit) University Support Personnel Staff (USPS) (Repealed) 6C4-10.017 Limited-Access Personnel Records 6C4-10.100 Purpose of Chapter 6C4-10, Part I – Faculty Personnel Rules (Repealed) 6C4-10.101 Presidential Search, Selection, Appointment and Evaluation (Repealed) 6C4-10.102 Faculty Recruitment, Selection, Appointment (Repealed) 6C4-10.103 Faculty Compensation (Repealed) 6C4-10.104 Faculty Benefits and Hours of Work (Repealed) 6C4-10.105 Faculty Tenure (Repealed) 6C4-10.106 Faculty Promotion and Change in Assignment (Repealed) 6C4-10.107 Faculty Ethical Obligations: Conflicts of Interest and Outside Employment; Employment of Relatives; Seeking or Holding Public Office (Repealed) 6C4-10.108 Faculty Evaluations (Repealed) 6C4-10.109 Official Faculty Personnel Files 6C4-10.110 Faculty Non-Reappointment (Repealed) 6C4-10.111 Faculty Separations from Employment and Layoff (Repealed) 6C4-10.112 Faculty Misconduct and Incompetence (Repealed) 6C4-10.113 Faculty Grievances (Repealed) 6C4-10.114 College of Medicine Faculty Restrictive Covenants (Repealed) 6C4-10.200 Purpose of Chapter 6C4-10, Part II – Staff Personnel Matters (Repealed) 6C4-10.201 Recruitment, Selection, Appointment (Repealed) 6C4-10.202 Compensation (Repealed) 6C4-10.203 Benefits and Hours of Work (Repealed) 6C4-10.204 Permanent Status (Repealed) 6C4-10.205 Promotion and Change in Assignment, Demotion and Transfer (Repealed) 6C4-10.206 Employee Ethical Obligations: Conflicts of Interest and Outside Employment; Employment of Relatives; Seeking or Holding Public Office (Repealed) 6C4-10.207 Evaluations (Repealed) 6C4-10.208 Recognition of Employees (Repealed) 6C4-10.209 Official Personnel Files 6C4-10.210 Non-Reappointment (Repealed) 6C4-10.211 Separations from Employment and Layoff (Repealed) 6C4-10.212 Discipline, Misconduct and Incompetence (Repealed) 6C4-10.213 Grievances (Repealed) 6C4-10.001 Purpose of Chapter 6C4-10. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 11-19-87, Amended 4-2-95, Repealed 10-9-03. 6C4-10.002 Conflict of Interest. Rulemaking Authority 240.227(1) FS. Law Implemented 112.313, 112.3145, 240.227(5) FS. History–New 11-19-87, Amended 4-2-95, Repealed 10-9-03. 6C4-10.003 Employment of Relatives. Rulemaking Authority 240.227(1) FS. Law Implemented 240.202, 240.227(5) FS. History–New 11-19-87, Repealed 10-9-03. 6C4-10.004 Seeking or Holding Elected Public Office. Rulemaking Authority 240.227(1) FS. Law Implemented 99.012(7), 104.31, 240.202, 240.227(5) FS. History–New 11-19-87, Repealed 10-9-03. 6C4-10.005 Outside Activity. Rulemaking Authority 240.227(1) FS. Law Implemented 112.313, 112.3145, 240.202, 240.227(5) FS. History–New 11-19-87, Repealed 10-9-03. 6C4-10.006 Misconduct. Rulemaking Authority 240.227(1), 240.261(2) FS. Law Implemented 240.132(1), 240.202, 240.227(5), 240.261(2) FS. History–New 11-19-87, Repealed 10-9-03. 6C4-10.007 Employee Selection and Appointment. Rulemaking Authority 240.227(1) FS. Law Implemented 216.311, 240.202, 240.227(5) FS. History–New 11-19-87, Repealed 10-9-03. 6C4-10.008 Use of University Facilities and Services. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 11-19-87, Repealed 9-19-93. 6C4-10.009 Discipline. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 240.132(2)(a), 240.202, 240.227(5), 240.261 FS. History–New 11-19-87, Repealed 10-9-03. 6C4-10.010 Grievance Procedure. Rulemaking Authority 120.53(1)(c), 240.227(1) FS. Law Implemented 120.57, 120.62(1), 120.59, 240.202, 240.227(5) FS. History–New 11-19-87, Repealed 10-9-03. 6C4-10.011 Non-Reappointment. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5) FS. History–New 11-19-87, Amended 5-15-87, 11-17-97, Repealed 10-9-03. 6C4-10.012 Inventions and Works. Rulemaking Authority 120.53(1)(a), 240.227(1), 240.241(2) FS. Law Implemented 120.53(1)(a), 240.202, 240.227(1), 240.229, 240.241(2) FS. History–New 8-10-89, Amended 1-8-92, Repealed by Section 19, Chapter 2011-177, Laws of Florida. 6C4-10.013 Employee Recognition Program. Rulemaking Authority 240.2111, 240.227 FS. Law Implemented 120.53(1)(a), 120.2111, 240.227(1) FS. History–New 7-7-88, Amended 8-3-89, 12-15-92, Repealed 10-9-03. 6C4-10.014 University Support Personnel Staff (USPS) Personnel Files. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 119.07(1)(a), (2)(a), 120.53(1)(a), 240.209(3)(e), (f), 240.227(1), (5), (19), 240.253 FS. History–New 10-6-75, Formerly 6C4-4.07, Amended 6-4-91, Formerly 6C4-4.007, Amended 12-23-92, Repealed 10-9-03. 6C4-10.015 Disciplinary Action – University Support Personnel Staff (USPS). Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.209(3)(e), (f), 240.227(1), (5), (19) FS. History–New 10-6-75, Formerly 6C4-4.08, Amended 6-4-91, Formerly 6C4-4.008, Amended 2-21-93, Repealed 10-9-03. 6C4-10.016 Grievances – (Non-Unit) University Support Personnel Staff (USPS). Rulemaking Authority 120.53(1)(a), 240.227(1), (5), (19) FS. Law Implemented 120.53(1)(a), 240.209(3)(e), (f), 240.227(1), (5), (19) FS. History–New 10-6-75, Formerly 6C4-4.06, Amended 7-30-91, Formerly 6C4-4.006, Repealed 10-9-03. 6C4-10.017 Limited-Access Personnel Records. Pursuant to section 1012.91, F.S., except as required for use by the President or President’s designee in the discharge of his or her official responsibilities, the following records are confidential and exempt from the provisions of section 119.07(1), F.S., and will only be released upon the written authorization of the employee or upon order of a court of competent jurisdiction: (1) Evaluative information created prior to July 1, 1995. Any and all information, wherever maintained, which reflects an evaluation of an employee’s performance and was created prior to July 1, 1995, shall be confidential and shall not be disclosed except to the evaluated employee, or officials of the USF System whose duties to supervise or evaluate the employee require access to the records. (2) Records containing information reflecting academic evaluations of employee performance. (3) Records maintained for the purposes of an investigation of employee misconduct, but only until: (a) The investigation is no longer active; (b) The USF System gives written notice to the employee that the investigation is concluded; or (c) A letter of discipline has been issued. In addition, for sexual harassment investigations, portions of the records which identify the complainant, a witness, or information which could reasonably lead to the identification of either, remain confidential after the completion of the investigation. (4) Records maintained for the purposes of any disciplinary proceeding brought against an employee, but only until a final decision is made in the proceeding. (5) Records maintained for the purposes of any grievance proceeding brought by an employee for enforcement of a collective bargaining agreement or contract, but only until a final decision is made in the proceeding. (6) Any records or portions thereof which are otherwise confidential by law. Rulemaking Authority 1012.91 FS. Law Implemented 1012.91 FS. History–New 10-27-92, Amended 9-14-99, 1-25-12. 6C4-10.100 Purpose of Chapter 6C4-10, Part I – Faculty Personnel Rules. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), 1001.74(34), 1001.75(16) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.101 Presidential Search, Selection, Appointment and Evaluation. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), (21), (22), (34) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.102 Faculty Recruitment, Selection, Appointment. Rulemaking Authority 1001.74(4), (19), 1012.94(1) FS. Law Implemented 112.011, 1001.74(19), (20), (34), 1001.75(3), (16), 1012.93 FS. History– New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.103 Faculty Compensation. Rulemaking Authority 1001.74(4), (19), 1012.94(1) FS. Law Implemented 1001.74(19), (34), 1001.75(3) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.104 Faculty Benefits and Hours of Work. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), (34), 1001.75(3) FS. History–New 10-5-03, Amended 12-30-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.105 Faculty Tenure. Rulemaking Authority 1001.74(4), (19), 1012.94(1), FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.106 Faculty Promotion and Change in Assignment. Rulemaking Authority 1001.74(4), (19), 1012.94(1) FS. Law Implemented 1001.74(19), 1001.75(3), 1012.94(2) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.107 Faculty Ethical Obligations: Conflicts of Interest and Outside Employment; Employment of Relatives; Seeking or Holding Public Office. Rulemaking Authority 1001.74(4), (19), 1004.23 FS. Law Implemented 104.31, 112.313, 112.3145, 1001.74(19), (34), 1001.75(3), (16) 1004.22, 1004.23 FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.108 Faculty Evaluations. Rulemaking Authority 1001.74(4), (19), 1012.94(1) FS. Law Implemented 1001.74(19), 1001.75(3), 1012.94 FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.109 Official Faculty Personnel Files. (1) The Division of Human Resources maintains the only official personnel files for all employees of the USF System, including faculty. Human Resources is authorized to delegate all or any portion of this function to the Deans and Directors through the Provost and Vice Presidents or the appropriate USF System authority. (2) The CAO may retain the official promotion and tenure files for faculty. (3) The faculty member’s home department or unit may retain duplicate copies of documents contained in the official personnel files. They may also retain originals of pre-discipline, counseling, and performance documents leading up to official actions, which at the time of that action will be made a part of the official file. (4) The official personnel file will contain the following: (a) Information gathered as part of an employment procedure, such as applications, letters of reference, letters of offer, and letters of appointment. (b) Information substantiating salary transactions, if applicable, such as appointment papers, approvals of special salary rates, employment contracts, and salary adjustments. (c) Documentation of performance and conduct, such as performance evaluation forms, letters of recognition, reprimands, letters of dismissal, suspension, disciplinary reduction in pay, and approvals to take appealable disciplinary actions. (d) Any records relating to a faculty member’s grievance or complaint, appeals, arbitration awards/findings, or administrative hearing recommendations, and these records will be treated as exempt during any proceeding specified by Florida law. (e) Medical records which address the faculty member’s ability to do the job or for any other legitimate business purposes; however, these records are confidential records that will be maintained separately from the official personnel file in accordance with applicable federal and/or state law. (f) Other documents deemed appropriate by Human Resources, such as letters of resignation, layoff notices, etc. (5) The personnel file will not include: (a) Benefits enrollment information, which is separately maintained by Human Resources. (b) Anonymous material of any kind, with the exception of numerical summaries of student evaluations and narratives contained in student evaluations. (6) Access to the official personnel files of USF System faculty: (a) Access to the official personnel files of USF System faculty is governed by the Florida Public Records Law Chapter 119 and section 1012.91, F.S. Those wishing to review personnel files of faculty members may do so during normal business hours of the Division of Human Resources. Access to and copying of any document or file will be provided in accordance with federal and state law and these rules. (b) Any material exempt from disclosure by federal or state law will be removed prior to inspection or copying unless disclosure of such exempt material is authorized by the faculty member or required by any superseding law. (7) Faculty rights to append or request removal of material: (a) Faculty members have the right to append responses to any material in the evaluation file, and to place appropriate information or documentation relating to their employment into their personnel files, by forwarding the information to Human Resources with a request for the material to be placed in their file. Examples of the types of information employees may place in their files are updating of education or training and clarification or rebuttal of evaluative or disciplinary information placed in their files by USF System officials. Such items received by Human Resources will be reviewed for compliance with this rule and will then be placed in the file or returned to the sender with an explanation describing why the items are not in compliance. (b) Faculty members will have the right to request removal of any documentation shown to be factually incorrect. Rulemaking Authority 1012.91 FS. Law Implemented 119.07, 1012.91 FS. History–New 10-5-03, Amended 1-25-12. 6C4-10.110 Faculty Non-Reappointment. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.111 Faculty Separations from Employment and Layoff. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 447.209, 1001.74(19), 1001.75(3) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.112 Faculty Misconduct and Incompetence. Rulemaking Authority 1001.74(4), (19), 1012.92(1), (3) FS. Law Implemented 447.209, 1001.74(19), (34), 1001.75(3), (16), 1012.92(1),(3) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.113 Faculty Grievances. Rulemaking Authority 1001.74(4), (19), 1012.92(3) FS. Law Implemented 447.209, 1001.74(19), (34), 1001.75(3), (16), 1012.92(3) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.114 College of Medicine Faculty Restrictive Covenants. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19) FS. History–New 6-26-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.200 Purpose of Chapter 6C4-10, Part II - Staff Personnel Matters. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), (34), 1001.75(16) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.201 Recruitment, Selection, Appointment. Rulemaking Authority 1001.74(4), (19), 1012.97 FS. Law Implemented 1001.74(19), 1001.75(3), (16) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.202 Compensation. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), (34), 1001.75(3), (16) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.203 Benefits and Hours of Work. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), (34), 1001.75(16), (19) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.204 Permanent Status. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), 1001.75(3), (19) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.205 Promotion and Change in Assignment, Demotion and Transfer. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.206 Employee Ethical Obligations: Conflicts of Interest and Outside Employment; Employment of Relatives; Seeking or Holding Public Office. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), (34), 1001.75(16) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.207 Evaluations. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), 1001.75 FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.208 Recognition of Employees. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), 1001.75(3), (19) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.209 Official Personnel Files. (1) The Division of Human Resources maintains the official personnel files for all employees of the USF System. Human Resources is authorized to delegate all or any portion of this function to the Deans and Directors through the Provost and Vice Presidents or the appropriate USF System Authority. (2) The department where the employee is assigned may retain duplicate copies of documents contained in the official personnel files. They may also retain originals of pre-discipline, counseling, and performance documents leading up to official actions, which at the time of that action will be made a part of the official file. (3) The official personnel file will generally contain the following: (a) Information gathered as part of an employment procedure, if applicable, such as applications, letters of reference, letters of offer, letters of appointment, acceptance of appointment, employment test results, loyalty oath, and substitutions of training and experience; (b) Information substantiating salary transactions, if applicable, such as appointment papers, approvals of special salary rates, employment contracts, and salary adjustments; (c) Documentation of performance and conduct, such as: performance evaluations; letters of recognition; reprimands; letters or notices of dismissal, suspension, disciplinary reduction in pay; and approvals to take grievable disciplinary actions; (d) Any records relating to an employee’s grievance or complaint, appeals, arbitration awards/findings, or administrative hearing recommendations; however, such items may be kept in a separate file and may be treated as exempt during any proceeding specified by Florida law; (e) Medical records which address the employee’s ability to do the job or for any other legitimate business purposes; however, these records are confidential records that will be maintained separately from the official personnel file in accordance with applicable federal and/or Florida law; or (f) Other documents deemed appropriate by Human Resources, such as letters of resignation, layoff notices, etc.; (g) Benefits enrollment information is separately maintained by Human Resources. (4) Access to the official personnel files of USF System employees is governed by the Florida Public Records Law Chapter 119, and section 1012.91, F.S. Employees or other individuals wishing to review personnel files of employees may do so during normal business hours at the Division of Human Resources or at the Human Resource Departments of separately accredited institutions or regional campuses. Access to and copying of any document or file will be provided in accordance with federal and Florida law, and these rules. Any material exempt from disclosure by federal or Florida law will be removed prior to inspection or copying unless disclosure of such exempt material is authorized by the employee or required by any superseding law. (5) Employees have the right to place appropriate information or documentation relating to their employment into their personnel files by forwarding the information to Human Resources with a request for the material to be placed in their file. Examples of the types of information employees may place in their files are updates of education or training and clarification or rebuttal of evaluative or disciplinary information placed in their files by officials of the USF System. Such items received by Human Resources will be reviewed for appropriateness and compliance with these rules and will then either be placed in the file or returned to the sender. Rulemaking Authority 1012.91(1) FS. Law Implemented 119.07, 1012.91 FS. History–New 10-5-03, Amended 1-25-12. 6C4-10.210 Non-Reappointment. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.211 Separations from Employment and Layoff. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.212 Discipline, Misconduct and Incompetence. Rulemaking Authority 1001.74(4), (19), 1012.92 FS. Law Implemented 1001.74(19), 1001.75(3), 1012.80, 1012.92 FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-10.213 Grievances. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(4), (34), 1001.75(3), (16), FS. History–New 10-5-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C4-11 UNIVERSITY ADVANCEMENT

Fla. Admin. Code R. 6C4-11 UNIVERSITY ADVANCEMENT

CHAPTER 6C4-11 UNIVERSITY ADVANCEMENT 6C4-11.002 Florida Endowment Trust Funds for Eminent Scholars and Challenge Grants (Repealed) 6C4-11.004 Newspaper/Literature Containers on Campus (Repealed) 6C4-11.002 Florida Endowment Trust Funds for Eminent Scholars and Challenge Grants. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(5), (13), 240.2605 FS. History–New 10-10-90, Amended 4-19-01, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C4-11.004 Newspaper/Literature Containers on Campus. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(13) FS. History–New 10-6-75, Formerly 6C4-7.04, Amended 7-17-91, Formerly 6C4-7.004, Amended 11-2-00, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C4-12 RESEARCH

Fla. Admin. Code R. 6C4-12 RESEARCH

CHAPTER 6C4-12 RESEARCH 6C4-12.002 Exemptions from General Accounting and Purchasing Procedures (Repealed) 6C4-12.002 Exemptions from General Accounting and Purchasing Procedures. Rulemaking Authority 240.227(1), 240.241(2), (9), 287.057 FS. Law Implemented 240.209(1), 240.225, 240.227(1), 240.241(12), 287.057 FS. History–New 3-24-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C4-13 EXECUTIVE VICE PRESIDENT

Fla. Admin. Code R. 6C4-13 EXECUTIVE VICE PRESIDENT

CHAPTER 6C4-13 EXECUTIVE VICE PRESIDENT 6C4-13.001 Office of the Executive Vice President; Organization (Repealed) 6C4-13.002 Direct-Support Organizations and Health Services Support Organization 6C4-13.001 Office of the Executive Vice President; Organization. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 10-10-90, Repealed 6-5-95. 6C4-13.002 Direct-Support Organizations and Health Services Support Organizations. (1) An organization seeking to receive, hold, invest and administer property and to make expenditures to, or for, the benefit of the University of South Florida System (USF System) may request approval by the University of South Florida Board of Trustees (Board) to become a direct-support organization, as provided in Section 1004.28, F.S. An organization seeking to enter into arrangements with other entities as providers in other integrated health care systems or similar entities for the benefit of the USF System may request approval by the Board to become a health services support organization, as provided in Section 1004.29, F.S. In no case shall the USF System have any responsibility for acts, debts, liabilities, and obligations incurred or assumed by a health services support organization. (2) Upon approval by the Board, a direct-support organization or health services support organization (Support Organization[s]) shall be certified and authorized to use the property, facilities and personnel services of the USF System to the extent permissible by applicable law, the conditions prescribed by rules, regulations, and internal management memoranda of the USF System. (3) The Articles of Incorporation and Bylaws of a Support Organization of the USF System and all amendments of such Articles or Bylaws shall be recommended and presented by the President of the USF System (President) to the Board for review and approval. (4) Operating budgets of Support Organizations shall be prepared at least annually, approved by the organization’s governing board, and presented by the President to the Board for review and approval. (5) Expenditure plans of Support Organizations shall be reviewed and approved quarterly by the President or designee; said designee shall be a vice president, provost or other duly authorized senior officer of the USF System reporting directly to the President and having operational responsibility on behalf of the USF System for the Support Organization. (6) Support Organizations shall provide for an annual financial audit and management letter as prescribed by, and in accordance with applicable law, rules, regulations, (including USF Rule 6C4-13.002, F.A.C., Direct Support Organizations and Health Services Support Organizations) and internal management memoranda. The letter shall be forwarded to the Board for review, oversight and approval. (7) The Board is authorized to revoke certification of an organization as a Support Organization of the USF System if it determines, in its sole discretion, that the organization is no longer serving the best interest of the USF System. If certification is revoked, the Board shall determine the disposition of the Support Organization’s assets and liabilities in accordance with applicable laws, the Support Organization’s Articles of Incorporation and Bylaws. Rulemaking Authority 1004.28, 1004.29 FS. Law Implemented 1004.28, 1004.29 FS. History–New 11-20-03, Amended 1-25-12, 12-3-12.

Division 6C6 University of West Florida

Chapter 6C6-1 DESCRIPTION, ORGANIZATION, AND COUNCILS

Fla. Admin. Code R. 6C6-1 DESCRIPTION, ORGANIZATION, AND COUNCILS

CHAPTER 6C6-1 DESCRIPTION, ORGANIZATION, AND COUNCILS 6C6-1.005 Code of Penalties (Repealed) 6C6-1.005 Code of Penalties. Rulemaking Authority 240.261 FS. Law Implemented 240.261(1), (2) FS. History–New 10-24-79, Formerly 6C6-1.05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C6-2 PERSONNEL MATTERS

Fla. Admin. Code R. 6C6-2 PERSONNEL MATTERS

CHAPTER 6C6-2 PERSONNEL MATTERS 6C6-2.005 Use of Facilities (Repealed) 6C6-2.011 Career Service Work Standards, Violations of Work Standards, and Disciplinary Actions (Repealed) 6C6-2.013 Grievance Procedure for Career Service Employees (Repealed) 6C6-2.016 Disruptive Conduct (Repealed) 6C6-2.019 University Procedures Relating to Suspension, Termination, and Other Disciplinary Action for Non-Unit Faculty (Repealed) 6C6-2.020 University Procedures Relating to Non-Renewal of Non-Tenured Status, Non-Unit Faculty Appointments (Repealed) 6C6-2.028 University Holidays (Repealed) 6C6-2.029 Grievance Process for Employees Not Covered by a Bargaining Unit (Repealed) 6C6-2.005 Use of Facilities. Rulemaking Authority 240.227(1), 120.53(1) FS., BOR Rule 6C-5.016, F.A.C. Law Implemented 240.227(1), (17), 120.53(1) FS., BOR Rule 6C-5.016, F.A.C. History–New 10-1-75, Formerly 6C6-2.05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-2.011 Career Service Work Standards, Violations of Work Standards, and Disciplinary Actions. Rulemaking Authority 110.201(2), 240.227(1) FS. Law Implemented 110.201(2) FS. History–New 12-8-80, Formerly 6C6-2.11, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-2.013 Grievance Procedure for Career Service Employees. Rulemaking Authority 110.20(2), 240.227(1) FS. Law Implemented 110.20, 240.227(1) FS. History–New 8-22-82, Formerly 6C6-2.13, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-2.016 Disruptive Conduct. Rulemaking Authority 240.227(5), 240.261 FS. Law Implemented 240.227(5), 240.209(3)(e), (f), 240.261 FS. History–New 11-4-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-2.019 University Procedures Relating to Suspension, Termination, and Other Disciplinary Action for Non-Unit Faculty. Rulemaking Authority 240.132, 240.227(1), (5), (19), 240.253, 240.261 FS. Law Implemented 240.132, 240.227(5), (19), 240.253, 240.261 FS. History–New 5-26-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-2.020 University Procedures Relating to Non-Renewal of Non-Tenured Status, Non-Unit Faculty Appointments. Rulemaking Authority 240.227(1), (5) FS. Law Implemented 240.227(5) FS. History–New 5-26-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-2.028 University Holidays. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 10-20-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-2.029 Grievance Process for Employees Not Covered by a Bargaining Unit. Rulemaking Authority 1001.74(4), (19) FS. Law Implemented 1001.74(4), (34), 1001.75(3), (16) FS. History–New 2-9-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida.

Chapter 6C6-3 STUDENTS

Fla. Admin. Code R. 6C6-3 STUDENTS

CHAPTER 6C6-3 STUDENTS 6C6-3.001 Undergraduate Admissions and Articulation (Repealed) 6C6-3.002 Admission to Graduate Programs (Repealed) 6C6-3.003 Admission to Non-Immigrant Foreign Nationals (Repealed) 6C6-3.004 Academic Policies (Repealed) 6C6-3.005 Appeal of Denial Admission – Academic (Repealed) 6C6-3.006 Application for Readmission (Repealed) 6C6-3.007 Admission of Applicants with Records of Previous Misconduct or Medical/Psychological Problems (Repealed) 6C6-3.008 Academic Probation, Suspension, Reinstatement (Repealed) 6C6-3.009 Withdrawal from Courses and the University (Repealed) 6C6-3.010 Student Conduct Code – Administration and Procedures (Repealed) 6C6-3.011 Student Grievances (Repealed) 6C6-3.012 Outside Speakers (Repealed) 6C6-3.013 Pamphlets and Petitions (Repealed) 6C6-3.014 Freedoms of Speech and Assembly (Repealed) 6C6-3.015 Residence Hall Regulations (Repealed) 6C6-3.0151 Student Housing Conduct (Repealed) 6C6-3.016 Residence Hall Hours of Visitation (Repealed) 6C6-3.017 Release of Student Educational Records (Repealed) 6C6-3.018 Prohibition of Hazing – Procedures and Penalties 6C6-3.019 Student Financial Assistance (Repealed) 6C6-3.020 Student Government Association: Function and Purpose (Repealed) 6C6-3.021 Alcoholic Beverages (Repealed) 6C6-3.022 Student Publications (Repealed) 6C6-3.023 Student Organizations (Repealed) 6C6-3.024 Lower Division Admissions: Substitution of Requirements for Disabled Students (Repealed) 6C6-3.025 Upper Division Admissions: Substitution of Requirements for Disabled Students (Repealed) 6C6-3.026 Admission to a Specific Program of Study at the University of West Florida: Substitution of Requirements for Disabled Students (Repealed) 6C6-3.027 Substitution of Graduation Requirements for Disabled Students (Repealed) 6C6-3.028 Religious Observance (Repealed) 6C6-3.029 Involuntary Withdrawal for Medical or Psychological Reasons (Repealed) 6C6-3.001 Undergraduate Admissions and Articulation. Rulemaking Authority 240.1201, 240.227(1), 240.233 FS. Law Implemented 240.1201, 240.115, 240.227(1), (8), 240.233 FS. History–New 10-1-75, Formerly 6C6-3.01, Amended 5-20-87, 3-1-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.002 Admission to Graduate Programs. Rulemaking Authority 120.53(1)(a), 240.227(1), 240.233(1) FS., 6C-6.003, F.A.C. Law Implemented 240.227(1), 240.227(9), 240.233(1) FS., 6C-6.003, F.A.C. History–New 10-1-75, Amended 1-2-79, Formerly 6C6-3.02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.003 Admission of Non-Immigrant Foreign Nationals. Rulemaking Authority 240.227(1), 240.233(1) FS. Law Implemented 240.227(9), 240.233(2) FS. History–New 10-1-75, Formerly 6C6-3.03, Amended 5-31-87, Repealed 6-6-00. 6C6-3.004 Academic Policies. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (18), (26) FS., BOR Rule 6C-4.001(1), F.A.C. History–New 10-1-75, Amended 9-1-77, Formerly 6C6-3.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.005 Appeal of Denial Admission – Academic. Rulemaking Authority 120.53(1), 240.223(1), 240.227(1) FS. Law Implemented 120.53(1)(a), (c), 240.233(1), (3), 240.227(1), (9) FS., 6C-6.001(2), FAC. History–New 10-1-75, Amended 10-6-80, Formerly 6C6-3.05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.006 Application for Readmission. Rulemaking Authority 240.227, 240.233 FS. Law Implemented 240.227, 240.233 FS. History–New 10-1-75, Amended 10-6-80, Formerly 6C6-3.06, Amended 5-20-87, Repealed 6-6-00. 6C6-3.007 Admission of Applicants with Records of Previous Misconduct or Medical/Psychological Problems. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.233(3) FS. History–New 10-1-75, Amended 9-17-78, Formerly 6C6-3.07, Amended 5-20-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.008 Academic Probation, Suspension, Reinstatement. Rulemaking Authority 120.53(1)(c), 240.227(1) FS., BOR Rule 6C-4.001(1), F.A.C. Law Implemented 120.53(1)(c), 240.227(1) FS., BOR Rule 6C-4.001(1), F.A.C. History–New 10-1-75, Amended 4-6-80, Formerly 6C6-3.08, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.009 Withdrawal from Courses and the University. Rulemaking Authority 120.53(1)(c), 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 10-1-75, Amended 10-26-75, Amended 10-26-78, Formerly 6C6-3.09, Repealed 6-6-00. 6C6-3.010 Student Conduct Code – Administration and Procedures. Rulemaking Authority 240.227(1), 240.261(2) FS. Law Implemented 120.53(1)(a), 120.57(5), 120.62, 228.093, 240.132, 240.133, 240.227(1), 240.237, 240.261 FS. History–New 10-1-75, Amended 10-24-79, 12-29-80, 8-9-81, 8-30-83, Formerly 6C6-3.10, Amended 10-26-86, 4-21-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.011 Student Grievances. Rulemaking Authority 240.227(1) FS. Law Implemented 760.01, 120.53(1)(c), 240.227(1) FS. History–New 10-1-75, Amended 10-24-79, 8-9-81, 8-30-83, Formerly 6C6-3.11, Amended 10-28-86, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.012 Outside Speakers. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 120.57, 240.227(1) FS. History–New 10-1-75, Formerly 6C6-3.12, Repealed 6-6-00. 6C6-3.013 Pamphlets and Petitions. Rulemaking Authority 240.227(1) FS., BOR Rule 6C-6.012, F.A.C. Law Implemented 240.227(1) FS. History–New 10-1-75, Formerly 6C6-3.13, Amended 5-31-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.014 Freedoms of Speech and Assembly. Rulemaking Authority 240.227(1) FS., BOR Rule 6C-6.012, F.A.C. Law Implemented 240.227(1) FS. History–New 10-1-75, Formerly 6C6-3.14, Amended 5-31-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.015 Resident Hall Regulations. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 10-1-75, Formerly 6C6-3.15, Repealed 8-23-89. 6C6-3.0151 Student Housing Conduct. Rulemaking Authority 240.227(1), 240.261 FS. Law Implemented 240.227(1), 240.261 FS. History–New 8-23-89, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.016 Resident Hall Hours of Visitation. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 9-1-76, Formerly 6C6-3.16, Repealed 8-23-89. 6C6-3.017 Release of Student Educational Records. Rulemaking Authority 240.237 FS., BOR Rule 6C-6.015, F.A.C. Law Implemented 240.037 FS., BOR Rule 6C-6.015, F.A.C. History–New 10-24-79, Formerly 6C6-3.17, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.018 Prohibition of Hazing – Procedures and Penalties. (1) Hazing will not be tolerated at the University of West Florida. (a) University student groups (e.g. registered student organizations, intramural and athletic teams, and other student groups) and individual students are prohibited from hazing. (b) Hazing is prohibited in any form both on campus and off campus. (c) Intentional or reckless hazing that results in a substantial risk of physical injury or death or which results in serious bodily injury or death is a crime in the State of Florida, pursuant to Section 1006.63, F.S. (2) Definition of Hazing. (a) In accordance with Section 1006.63(1), F.S., “Hazing” is defined as any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. “Hazing” includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. (b) For the purposes of this regulation, hazing includes observation of hazing activities by individuals in a position to intervene but who fail to intervene. (3) Procedures for Implementation by Student Affairs. (a) Allegations of Hazing – Any person having knowledge of any activity or conduct which may constitute hazing should contact the Dean of Student’s Office or the University of West Florida Police Department. (b) Self Reporting of Incidents ‒ Student organization/team members and officers/captains should immediately report any activity or conduct which may constitute hazing that occurs within their organization to the Dean of Students Office, provide a detailed description of the events that have transpired, the names of any individuals involved, and a description of any actions taken by the organization. Upon receiving the report, the Dean of Students Office will investigate as described in this regulation and the organization president and advisor/coach will be notified. The investigation and adjudication will focus on individual violations of this regulation, unless evidence discovered in the investigation proves the incident to have been sanctioned by the organization. If the incident appears to have been sanctioned by the organization, a follow-up investigation into the organization’s role may be undertaken. If the student organization is affiliated with a national organization, the national headquarters may be contacted depending on the severity of the incident, the organization’s involvement in the incident, and the organization’s cooperation in the investigation. (c) Investigation of Allegations and Charges – Upon receiving a report of alleged hazing, the Dean of Students Office will assign the case to a designated investigator. As part of the investigation, the investigator will:

1. Make contact (if possible) with the individual(s) bringing forward the allegations of hazing;
2. Make contact with the individual(s) alleged to have perpetrated the hazing. If the conduct is organizational in nature, the investigator will contact the advisor and president of the organization under investigation;
3. Conduct interviews with all parties, including victims, the accused student(s) and any witnesses. The investigator may, at his/her discretion, recommend interim action (as described in the UWF Student Code of Conduct) to the Dean of Students at any point during the investigation; (d) The investigator may, at his or her discretion, require students, or a select group of students (i.e. all new members of an organization) to participate in an investigatory meeting at a pre-determined time and location and may exercise discretion regarding the communication of students during the investigation process. (e) The investigator will provide a written investigative report to the Dean of Students Office. Upon receipt of this report, the Dean of Students (or designee) will determine if charges are warranted. If charges are warranted, the Dean of Students Office will charge the individual student(s), the involved student group(s), and/or the President or other responsible officers of the involved student group(s) and/or student bystanders in accordance with the UWF Student Code of Conduct. (f) Adjudication – Adjudication shall be conducted pursuant to the Student Code of Conduct. It is not a defense to a charge of hazing that:
4. Any or all participants consented;
5. The conduct was not part of an official organizational event or otherwise sanctioned or approved by the student group; or
6. The conduct or activity was not done as a condition of membership to or affiliation with a student group. (g) Sanctions ‒ Sanctions for violations of this regulation shall be administered by the Dean of Students.
7. Student groups subject to University jurisdiction and individual students found responsible for violations of this regulation shall be sanctioned in accordance with the Student Code of Conduct. For student groups, sanctions include, but are not limited to, revocation of registration or denial of application for registration, loss of University privileges such as the ability to formally meet on campus and to use campus facilities, or to represent the University of West Florida, and, in the case of fraternities and sororities, the right to be recognized or operate at the University of West Florida.
8. Sanctions imposed by the University for violation of this regulation may be in addition to any penalty imposed for violation of the criminal laws of the State of Florida and for violation of any other University regulations or policies. (4) Distribution to Students. In accordance with Section 1006.63, F.S., copies of this regulation concerning violations, penalties, and process for enforcement will be distributed to students enrolled in the University, and shall be incorporated in the bylaws or governing documents of every student organization operating under the authority of the University. Rulemaking Authority 1006.63 FS. Law Implemented 1006.63 FS. History–New 12-30-81, Formerly 6C6-3.18, Amended 5-31-87, 2-9-15. 6C6-3.019 Student Financial Assistance. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 3-12-86, Formerly 6C6-3.19, Repealed 6-6-00. 6C6-3.020 Student Government Association: Function and Purpose. Rulemaking Authority 240.227(1) FS., BOR Rule 6C-6.011, F.A.C. Law Implemented 120.53(1)(a), 240.227(1), 240.235(1) FS. History–New 5-31-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.021 Alcoholic Beverages. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), 240.261 FS. History–New 5-12-88, Amended 3-28-91, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.022 Student Publications. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1), 240.227(1) FS. History–New 12-13-88, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.023 Student Organizations. Rulemaking Authority 240.227(1) FS., BOR Rule 6C-6.011, FAC. Law Implemented 120.53(1)(a), 240.227(1) FS. History–New 5-31-87, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.024 Lower Division Admissions: Substitution of Requirements for Disabled Students. Rulemaking Authority 240.227(1) FS. Law Implemented 240.152, 240.227(1), (8), 240.233 FS. History–New 5-16-89, Repealed 6-6-00. 6C6-3.025 Upper Division Admissions: Substitution of Requirements for Disabled Students. Rulemaking Authority 240.227(1), 240.233(1) FS. Law Implemented 240.153, 240.227(1), 240.233(1), (6) FS. History–New 5-16-89, Repealed 6-6-00. 6C6-3.026 Admission to a Specific Program of Study at the University of West Florida: Substitution of Requirements for Disabled Students. Rulemaking Authority 240.227(1), 240.233(1) FS. Law Implemented 240.153, 240.227(1), 240.233(1), (6) FS. History–New 5-16-89, Repealed 6-6-00. 6C6-3.027 Substitution of Graduation Requirements for Disabled Students. Rulemaking Authority 240.227(1) FS. Law Implemented 240.153, 240.227(17) FS. History–New 5-16-89, Repealed 6-6-00. 6C6-3.028 Religious Observance. Rulemaking Authority 240.227(1), 240.134 FS. Law Implemented 240.227(1), 240.134 FS. History–New 5-29-90, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-3.029 Involuntary Withdrawal for Medical or Psychological Reasons. Rulemaking Authority 240.227(1) FS. Law Implemented 240.153(1)(a), (c), 120.59(3), 120.62(2), 240.227(1) FS. History–New 1-17-91, Repealed 3-7-01.

Chapter 6C6-4 TUITION AND FEES

Fla. Admin. Code R. 6C6-4 TUITION AND FEES

CHAPTER 6C6-4 TUITION AND FEES 6C6-4.002 Waiver of Tuition and Fees (Repealed) 6C6-4.003 Application Fee, Enrollment and Payment of Tuition and Fees (Repealed) 6C6-4.0031 Fee Refunds (Repealed) 6C6-4.0032 Cancellation of Registration and Reinstatement (Repealed) 6C6-4.004 Deferral of Tuition and Fee Payment (Repealed) 6C6-4.008 Tuition Rates, Fees, Fines, and Penalties (Repealed) 6C6-4.009 Delinquent Accounts (Repealed) 6C6-4.002 Waiver of Tuition and Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (11), 1001.75(11), 1009.24, 1009.26 FS. History–New 12-29-80, Formerly 6C6-4.02, Amended 11-2-03, 8-10-04, 7-28-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-4.003 Application Fee, Enrollment and Payment of Tuition and Fees. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (24), 1001.75(7), 1009.24(12), (14) FS. History–New 12-30-81, Formerly 6C6-4.03, Amended 10-30-89, 1-8-91, 11-2-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-4.0031 Fee Refunds. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (11), 1001.75(11), 1009.07, 1009.24, 1010.03 FS. History–New 11-2-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-4.0032 Cancellation of Registration and Reinstatement. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (11), 1001.75(7), (11), 1009.24, 1010.03 FS. History–New 11-2-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-4.004 Deferral of Tuition and Fee Payment. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (11), 1001.75(11), 1009.24, 1010.03 FS. History–New 12-30-81, Formerly 6C6-4.04, Amended 11-2-03, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-4.008 Tuition Rates, Fees, Fines, and Penalties. Rulemaking Authority 1001.74(4), (11), 1006.66(2) FS. Law Implemented 2005-06 General Appropriations Act, 1001.74(24), 1001.75(11), (35), 1006.66, 1009.24, 1009.285 FS. History–New 5-18-03, Amended 8-18-03, 8-10-04, 8-18-05, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-4.009 Delinquent Accounts. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(10), (11), 1001.75(11), 1009.24, 1010.03 FS. History–New 11-2-03, Repealed by Section 20, Chapter 2011-177, Laws of Florida.

Chapter 6C6-5 MISCELLANEOUS PROVISIONS

Fla. Admin. Code R. 6C6-5 MISCELLANEOUS PROVISIONS

CHAPTER 6C6-5 MISCELLANEOUS PROVISIONS 6C6-5.001 Parking and Registration 6C6-5.002 Use of Seal (Repealed) 6C6-5.003 Publications Procedures (Repealed) 6C6-5.004 Private Gifts; Donations and Loans of Books, Papers or Equipment (Repealed) 6C6-5.005 Information Services and Public Relations (Repealed) 6C6-5.006 Non-credit Discussion Groups (Repealed) 6C6-5.007 Proposals or Applications for Grants-in-aid, Research or Training Contracts, Matching Funds (Repealed) 6C6-5.008 Special Facilities for the Physically Disabled – Lease Space (Repealed) 6C6-5.009 Smoking and Consumption of Food in University Building (Repealed) 6C6-5.0091 Smoking and Consumption of Food Policy: University Properties (Repealed) 6C6-5.010 Educational Research Center for Child Development (Repealed) 6C6-5.011 Non-Discrimination and Harassment (Repealed) 6C6-5.012 Eminent Scholars Trust Funds (Repealed) 6C6-5.013 Deletion of Courses from UWF Catalogs and Common Course Designation and Numbering System (Repealed) 6C6-5.014 Public Access to University Records (Repealed) 6C6-5.015 Environmental Health and Safety Program (Repealed) 6C6-5.016 Direct Support Organizations (Repealed) 6C6-5.030 Traffic Control 6C6-5.001 Parking and Registration. (1) General Information ‒ The University of West Florida strives to provide a safe environment for employees, students and visitors and to provide facilities required for personal safety and health. Parking a vehicle on any of the University of West Florida’s campuses is a privilege that may be granted and revoked by the University. The University is authorized and reserves the right to regulate its vehicle parking facilities for the exclusive use of designated groups or individuals. All vehicles parked on campus are parked at the risk of the owner. The University does not assume liability for vehicles or items left in the vehicles. Additional copies of this rule may be obtained from Parking Services, Bldg. 91. The text of this rule is on the web page at http://uwf.edu/offices/general-counsel. (2) Registration ‒ All University employees, students and others, with the exclusion of visitors, using automobiles and other mechanical conveyances on campus must be registered with Parking Services the first day the vehicle is on campus. For registration to be considered valid, the permit, if it is a decal, must be properly affixed to the lower left corner of the rear windshield or, if it is a hang tag, must be in the designated place and upright; (3) Permits ‒ (a) By parking on campus, employees, students and others are agreeing to abide by and follow all provisions contained in this rule. (b) Permits may be purchased online by logging into my.uwf.edu, clicking the Student Resources tab and selecting “Parking Permits.” Fort Walton Beach campus permits are invalid on the University of West Florida’s Pensacola campus. The fees for permits are set forth below: Permit Fees

Classification 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017

Reserved/Administrative $210 $252 $302 $363 $435

Faculty/Staff $84 $101 $121 $145 $174

Resident Student $84 $101 $121 $145 $174

Commuter Student $66 $79 $95 $114 $137

Remote Lot

$47.50 $57 $68.50

Motorcycle $42 $50 $60 $73 $87

Parking permit price includes Florida State Sales Tax. Additional vehicles are one-half the annual rate. Semester permits are one-half the annual rate.

(c) Permits are issued for an academic year or semester. Permits or temporary permits must be immediately placed on the vehicle according to the instructions on the back of the permit. (d) Purchasing a permit does not guarantee a parking space. (e) Vehicle registration expiration dates appear on each issued permit. (f) Expired permits must be removed from the vehicle. Only one permit is allowed per vehicle. (g) Permit holders will be held responsible for violations that are committed by other persons using the permit of the permit holder. (h) Permits will not be issued to or renewed for individuals with any delinquent parking citations. All fines must be paid before a permit will be issued. (i) Each vehicle must have its own separate permit. (j) Upon sale or disposal of a registered vehicle, the permit must be destroyed. (k) Replacement permits are issued for a fee in the following cases:

1. When a registered vehicle is no longer being used on campus and/or is replaced by a different vehicle (proof of registration must be furnished); or
2. When the permit of a registered vehicle is lost, stolen or defaced and an appropriate complaint is filed with the police (proof of prior registration must be furnished). (4) Types of Permits ‒ There are two styles of permits: decals and hangtags. Each vehicle parking on campus must display a parking permit at all times. Hang tags are transferable to another vehicle owned by the same individual. However, no permit is transferable to another individual. Decals must be affixed to the vehicle for which it was registered and are not transferable. Hang tags must be hung from the rearview mirror so that they are visible. Placing the hangtag on the dash or console will be considered improper display. The color and type of permit will designate the specific parking areas allowed. (5) Permit Designations ‒ (a) Residential: Resident students are required to display the appropriate University resident permit. The permit must be displayed at all times the vehicle is on campus. Resident students must park in appropriate parking areas at all times the vehicle is parked on campus. Between the hours of 7:00 a.m. and 4:30 p.m., Resident students must park in blue, orange, or black lots in accordance with the color of their permit. Between the hours of 4:30 p.m. and 7:00 a.m. Resident students may also park in commuter and faculty and staff areas. After 5:30 p.m. all vehicles, including those of Resident students, with valid parking permits may park in any numbered reserved space. Resident students moving from one residence hall to another must purchase the appropriate permit and return the old permit to parking services in Bldg. 91. (b) Visitor: Visitors may pick up parking permits free of charge at Parking Services, Bldg. 91; the University Police Department, Bldg. 94; or the Visitor’s Center, Bldg. 81. Visitors are allowed to use designated visitor parking spaces or areas. Failure to obtain a permit may result in a citation being issued to a visitor’s vehicle. Visitors may clear their citation for “lack of permit” or “parking in a restricted area” by bringing the ticket to Parking Services. Visitors with valid state issued special needs permits can park in visitor parking spaces without a visitor’s pass. Current employees and students who are also members of the Alumni Association are not eligible for visitor passes and are not entitled to park in visitor parking areas through their membership in the Alumni Association. (c) Disability: Parking permits for people with disabilities are available through the State of Florida’s local tag office in accordance with Section 316.1964, F.S. The University requires that the State issued disability parking permits or license plates are displayed on the vehicles parked in special needs spaces. Holders of such parking permits of license plates are not required to purchase a University of West Florida parking permit and may park in non-reserved spaces if designated disabled spaces are not available. Further information regarding special parking accommodations can be found online at www.uwf.edu/parking. (d) Temporary and Special: Temporary and special permits are issued at Parking Services, Bldg. 91; the University Police Department, Bldg. 94; or the Visitor’s Center, Bldg. 81 for special circumstances such as daily visitors, vendors, business consultants, borrowed vehicles, temporary and volunteer workers, and special user needs.
3. Different Vehicle. Permit holders temporarily driving an unregistered vehicle must obtain a temporary parking permit prior to parking on campus. One temporary permit is valid for up to two weeks will be issued free of charge.
4. Off-Campus Students. Students who enroll at the Fort Walton Beach campus must obtain parking permits if their vehicles are parked on the University of West Florida’s main campus. One- day permits can be obtained from the Visitor’s Center or Parking Services at no cost. If any course work is to be completed on the University’s main campus, the student must purchase a permit and the appropriate permit fee schedule will apply.
5. Off-Campus Employees. University employees who are assigned work at off-campus locations must purchase a parking permit if they park their vehicles on the University of West Florida’s main campus. However, where such employees must purchase a permit for parking at the off-campus location, the University’s permit requirement may be waived upon request by the applicable department head.
6. Retired Employees. Retired University of West Florida employees, who are no longer employed at the University, or the spouses of deceased retired employees are eligible to receive one free permit per year, upon written request to the Director of Parking and Transportation Services.
7. Alumni. Active Alumni Association member permits are acceptable in lieu of visitor passes. All parking regulations will apply. (6) Parking Restrictions ‒ It is the responsibility of all University of West Florida employees and students to know the University’s parking regulations. Employees and students must follow all parking restrictions. (a) Parking Requirements for All Vehicles.
8. Parking on grass, sidewalks, crosswalks, streets, curbs or unimproved areas is prohibited.
9. Vehicles that create a hazard or constitute a nuisance will be towed away immediately at the owner’s expense.
10. Overnight parking of any vehicle other than by those with a resident student or guest of a resident student with a temporary permit displayed is not permitted.
11. Residing or sleeping overnight in vehicles parked on campus is not allowed.
12. Lack of parking spaces will not be considered a valid excuse for violation of parking regulations.
13. Parking overtime in time-limited spaces in the following lots: A, B, H, BB, and U, is prohibited. (b) Regulated Parking. Regulated parking lots/spaces that are designated by posted signage or painted marking are restricted 24 hours a day, 7 days a week unless otherwise specified. Regulated spaces are spaces designated for certain vehicles and include the following:
14. Number Reserved Parking. Number reserved spaces are reserved for designated permit holders between the hours of 7:00 a.m. and 5:30 p.m. Monday through Friday.
15. Administrative Blue and Gold Parking. Administrative Blue and Gold lots/spaces are reserved. Those with an Administrative permit may park anywhere except in number reserved spaces.
16. Loading Zone. The period of use for loading or unloading purposes will be restricted to 30 minutes. Prior permission from Parking Services to park in a Loading Zone is required. Parking regulations in Loading Zones will be enforced at all times.
17. Visitor Parking. Visitors with a temporary visitor permit are allowed to use commuter parking spaces, or designated visitor parking spaces only. Visitor permits can be obtained at the Visitor’s Center, Bldg. 81; Parking Services, Bldg. 91; or the University Police Department, Bldg. 94.
18. Other Parking. Other spaces on campus are restricted for designated functions such as Special permit, State Vehicles, Police and Service Vehicles and are marked accordingly. (c) Resident Student Parking. Resident student parking lots/spaces are marked by posted signage with colors that correspond to the permit color. These lots are restricted 24 hours a day, 7 days a week. Notification of when the restrictions on Resident Student lots/spaces are lifted will be posted on the University website. For more information regarding resident parking on campus click the resident tab at www.uwf.edu/parking. (d) Commuter Student Parking. Commuter students must park in spaces designated as commuter student parking by posted signage between the hours of 7:00 a.m. and 4:30 p.m. Commuter students may park from 4:30 p.m. to 7:00 a.m. in any space on campus except restricted spaces, which include visitor, fire lanes, police, reserved, resident, disabled, service and state spaces. After 5:30 p.m. all vehicles, including those of Commuter students, with valid parking permits may park in any numbered reserved space. (e) Faculty and Staff Parking. Faculty and staff lots/spaces are restricted to faculty and staff permit-holders from 7:00 a.m. to 4:30 p.m. After those hours, any vehicle with a valid permit may park in faculty and staff lots/spaces except those spaces where posted signage or painted marking indicate that the space is restricted or reserved. Number reserved spaces become available for use to faculty and staff between the hours of 5:30 p.m. to 7:00 a.m. Faculty and staff may park in commuter lots for overflow parking as described in paragraph (h). (f) Remote Lot Parking. Remote Lot permits will be valid for lot SP2 and for other lots to be determined and announced as the University’s parking needs increase. After 4:30 p.m. all vehicles, including those with Remote Lot permits, may park in any commuter or faculty and staff space. After 5:30 p.m. all vehicles, including those with Remote Lot permits, may park in any numbered reserved space. Shuttles will be provided from the Remote Lots between the hours of 7:00 a.m. and 6:30 p.m. The trolley service hours may be modified as needed. (g) Motorcycle Parking. Motorcycles must park in designated motorcycle spaces only. This is a 24 hour restriction. (h) Overflow Parking. Faculty and staff unable to locate parking in designated faculty and staff lots may park in designated commuter lots. Overflow parking is not permitted in any space other that one designated as “commuter.” (7) Immobilization and Towing ‒ (a) Immobilization. Persons with three or more unpaid parking citations are subject to vehicle immobilization and an administrative fee. Vehicles parked in a number reserved space without the appropriate permit are subject to immediate immobilization and/or towing. (b) Immobilization Fees. First Immobilization: $50.00 Second Immobilization: $100.00. Third Immobilization: $150.00 and loss of parking privileges. (c) Towing of Immobilized Vehicles. Arrangements must be made within 24 hours of immobilization to pay accrued fines and administrative fees or the vehicle is subject to towing. (d) Responsibility for Costs. The fees and costs of immobilization and/or towing will be charged to the following persons:
19. The permit holder for the vehicle is responsible for the towing fee and administrative fee regardless of whether the permit holder is the owner of the vehicle or not. If the owner is not a permit holder and the vehicle is not registered with the University, then
20. The owner registered with the state will be responsible for towing and administrative fees. (8) The Parking Violations Appeal Board ‒ The Parking Violations Appeals Board (PVAB) is established under the authority of the President of the University of West Florida to adjudicate appeals of parking citations issued on campus. The PVAB may sustain or dismiss charges, levy appropriate fines, restrict and restore driving privileges on campus, and impose and remove administrative sanctions. The PVAB does not have the jurisdiction to review or hear appeals regarding the Uniform Traffic Citations issued under the authority of Chapter 316 or 318, F.S., which govern the violations of traffic laws. (a) Membership. The PVAB is comprised of six members nominated as follows:
21. One faculty member from the Faculty Senate;
22. One staff member from the Staff Senate;
23. Two students: one resident and one commuter, chosen by the Student Government Association;
24. A representative from Human Resources; and,
25. The Parking Services Manager, who shall serve as a non-voting, ex-officio member. (b) Operating Procedures.
26. The chairperson will be elected annually by the members and have full voting rights.
27. The PVAB will meet as required to discharge their responsibilities.
28. A quorum will consist of at least three members. A simple majority of Board members voting will be required to render decisions and take action. (9) Parking Services Appeals Procedure. Parking or Registration citations may be appealed through two levels. (a) Level One. Forms are available for the first level of appeal at Parking Services, Bldg. 91. Online appeal forms are available on the Parking Services webpage www.uwf.edu/parking. Appeals must be filed within seven calendar days of issuance of the citation. The first level appeal is to allow for correction of any obvious issuance errors. At this level appeals go to the Parking Services Manager’s office. The Parking Services Manager makes all decisions regarding level one appeals. Decisions by Parking Services will be posted at Parking Services, Bldg. 91, the information board in front of Bldg. 20E, and on the Parking Services webpage at www.uwf.edu/parking. (b) Level Two. The second level of appeal is through the Parking Violations Appeal Board (PVAB). Decisions by Parking Services upholding parking citations will automatically be forwarded to the PVAB. The date, time and location of PVAB meetings at which the appeals are heard will be displayed on a list posted at Parking Services in Bldg. 91, the information board in front of Bldg. 20E and on the Parking Services webpage at www.uwf.edu/parking. (c) Individuals appealing a citation will be afforded an opportunity to appear before the PVAB to present their appeals in person. If the individual fails to appear, the appeal will continue in the individual’s absence. After the case is considered, the decision will be rendered in writing on the appeal or referral form and returned to Parking Services for filing and/or action as necessary. Decisions of the PVAB will be posted at Parking Services, Bldg. 91, the information board in front of Bldg. 20E, and on the Parking Services webpage at www.uwf.edu/parking. The PVAB’s decision is final and binding. (10) Payment of Fines ‒ Violators of parking regulations are subject to citations resulting in the assessment of fines. Individuals receiving a University of West Florida parking citation can pay the citation online by logging into myuwf and putting ‘parking in the search box.’ A hold will be placed on the student account until the fine is paid or until the ticket is voided on appeal. (11) Schedule of Fines. (a) Vehicle Registration Fines: Violation Fines

Improper Display of Permit $15.00

Attaching a Permit to a vehicle not listed on the registration form $15.00

Taping or Temporarily affixing permit to vehicle unless otherwise directed by Parking Services $15.00

Display of Expired Permit $20.00

Altering or Defacing a Permit $25.00

Failure to Register Vehicle $50.00

Registration obtained through falsehood, misrepresentation, or incomplete information on the vehicle registration form $100.00

(b) Parking Violation Fines: Violation Fines

Overtime Parking $10.00

Parking Over the Line $15.00

Parking on Curb, Grass or Sidewalks $25.00

Parking Out of Permit Designation $25.00

Parking that Obstructs Traffic $25.00

Parking in a Service Area $25.00

Parking in a No Parking Zone $25.00

Parking in Resident Space $50.00

Parking in Reserved Space $100.00

Parking While Suspended $50.00

Parking in Handicap Spaces Illegally $100.00

Parking in Fire Lane $100.00

Blocking Handicap Ramp $100.00

(12) Alternatives to Parking on Campus ‒ Trolleys provide a valuable and convenient alternative to finding parking, particularly when faculty, staff and nonresident student lots are congested. Convenient pickup and drop-off service is available at numerous sites around campus. The University of West Florida provides trolley routes to meet most transportation needs of students, faculty and staff. The transportation access fee for students is $8.00 per credit hour. The transportation access fee charged to employees is $6.50 per year. This fee is charged at the time of purchase of each employee parking permit. Rulemaking Authority 1001.74(4) FS. Law Implemented 1006.66 FS. History–New 10-26-78, Amended 10-24-79, 10-6-80, 8-9-81, 2-6-86, Formerly 6C6-5.01, Amended 5-29-90, 5-22-95, 5-31-05, 8-18-05, 2-9-15. 6C6-5.002 Use of Seal. Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 10-1-75, Formerly 6C6-5.02, Repealed 6-6-00. 6C6-5.003 Publications Procedures. Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 10-1-75, Formerly 6C6-5.03, Repealed 6-6-00. 6C6-5.004 Private Gifts; Donations and Loans of Books, Papers or Equipment. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1) FS. History–New 10-1-75, Formerly 6C6-5.04, Repealed 6-6-00. 6C6-5.005 Information Services and Public Relations. Rulemaking Authority 120.53(1)(a), 240.227(1) FS. Law Implemented 120.53(1)(a) FS. History–New 10-1-75, Formerly 6C6-5.05, Repealed 6-6-00. 6C6-5.006 Non-credit Discussion Groups. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(12) FS. History–New 10-1-75, Amended 9-17-78, Formerly 6C6-5.06, Repealed 6-6-00. 6C6-5.007 Proposals or Applications for Grants-in-aid, Research or Training Contracts, Matching Funds. Rulemaking Authority 240.227(1) FS. Law Implemented 120.53(1)(a) FS. History–New 10-1-75, Formerly 6C6-5.07, Repealed 6-6-00. 6C6-5.008 Special Facilities for the Physically Disabled – Lease Space. Rulemaking Authority 120.53(1)(a), 240.225, 240.227(1), 255.21(5) FS. Law Implemented 120.53(1)(a), 240.233(2), 240.225, 240.227(17), 255.21(2)(b), (5) FS. History–New 12-8-80, Formerly 6C6-5.08, Repealed 6-6-00. 6C6-5.009 Smoking and Consumption of Food in University Buildings. Rulemaking Authority 240.227(1), 255.27 FS. Law Implemented 240.227(1), (17), 255.27 FS. History–New 9-7-81, Formerly 6C6-5.09, Repealed 6-6-00. 6C6-5.0091 Smoking and Consumption of Food Policy: University Properties. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (17), 386.201-386.207 FS. History–New 5-29-89, Amended 11-5-91, 4-30-92, Repealed 6-6-00. 6C6-5.010 Educational Research Center for Child Development. Rulemaking Authority 120.53(9)(a), 240.227(1), 240.531(2) FS. Law Implemented 240.209(4), 240.531 FS. History–New 8-22-82, Formerly 6C6-5.10, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-5.011 Non-Discrimination and Harassment. Rulemaking Authority 110.201(2), 240.227(1), 240.261 FS. Law Implemented 110.112, 110.227(1), 112.043, 120.53(1)(c), 120.57(1), (5), 240.133, 240.202, 240.227(1), (6), 240.261, 760.01, 760.10 FS. History–New 8-4-85, Formerly 6C6-5.11, Repealed 6-6-00. 6C6-5.012 Eminent Scholars Trust Funds. Rulemaking Authority 240.227(1) FS. Law Implemented 240.227(1), (5), 240.257(5), (6), 240.299 FS. History–New 12-4-86, Repealed 6-6-00. 6C6-5.013 Deletion of Courses from UWF Catalogs and Common Course Designation and Numbering System. Rulemaking Authority 240.227(1) FS. Law Implemented 233.015, 240.227(1) FS. History–New 5-16-89, Amended 4-27-94, Repealed 6-6-00. 6C6-5.014 Public Access to University Records. Rulemaking Authority 240.227(1) FS. Law Implemented 119.07, 119.08, 119.021, 119.085, 120.53(1)(a), 228.093, 240.202, 240.237, 240.253 FS. History–New 5-29-90, Repealed 6-6-00. 6C6-5.015 Environmental Health and Safety Program. Rulemaking Authority 240.227(1) FS. Law Implemented 284.50(1), 440.56(1) FS. History–New 12-28-93, Repealed 6-6-00. 6C6-5.016 Direct Support Organizations. Rulemaking Authority 267.1732(5), 1001.74(4), 1004.28(2) FS. Law Implemented 267.173, 267.1732, 1001.74(37), 1004.28 FS. History–New 3-8-04, Repealed 5-23-19. 6C6-5.030 Traffic Control. (1) General Information – All of those laws contained in Chapter 316, F.S., and all ordinances of the adjacent municipality and/or county related to traffic which are not in conflict or inconsistent with the University’s rules and regulations are applicable and will be enforced on the University of West Florida campuses. At the University of West Florida: (a) Traffic regulations will be enforced 24 hours daily. (b) The campus speed limit is 30 MPH unless otherwise posted. The speed limit in parking lots is 15 MPH. (c) Motorists will yield right-of-way to pedestrians using crosswalks. (d) Skateboarding in University parking lots or on University roadways is prohibited. (e) Bicycle traffic shall proceed in the same direction as vehicular traffic. (f) Joggers shall proceed against vehicular traffic. (g) Driving on sidewalks, paths, or grass is prohibited. (h) Movement of traffic on campus roads may not be obstructed by motorists stopping in the streets or in parking lots for any purpose other than parking or complying with traffic rules and regulations. (2) Traffic Citations ‒ All applicable state traffic statutes are enforced by the University Police Department. Traffic citations issued by University police officers for violations occurring on the main campus are answerable to the County Traffic Court of Escambia County, Florida. Fines for State Uniform Traffic Citations are established by the State of Florida and are payable through the appropriate court of jurisdiction. Rulemaking Authority 1006.66 FS. Law Implemented 1006.66 FS. History‒New 2-9-15.

Chapter 6C6-6 PURCHASING PROGRAM

Fla. Admin. Code R. 6C6-6 PURCHASING PROGRAM

CHAPTER 6C6-6 PURCHASING PROGRAM 6C6-6.002 Leasing Program (Repealed) 6C6-6.003 Motor Pool Program (Repealed) 6C6-6.004 Surplus Property (Repealed) 6C6-6.005 Statement of Intent; Purchasing (Repealed) 6C6-6.0051 Standard of Conduct (Repealed) 6C6-6.0052 Definitions (Repealed) 6C6-6.0053 Authorities and Responsibilities of Board and University Purchasing Department (Repealed) 6C6-6.0054 Competitive Solicitation Requirements (Repealed) 6C6-6.0055 Purchasing Actions Not Subject to Competitive Solicitation Process (Repealed) 6C6-6.0056 Minority Business Commitment (Repealed) 6C6-6.0057 Bond Requirements (Repealed) 6C6-6.0058 Contracts (Repealed) 6C6-6.0059 Purchases of Motor Vehicles (Repealed) 6C6-6.002 Leasing Program. Rulemaking Authority 240.227(1) FS. Law Implemented 240.225, 240.227(17), 255.248, 255.249, 255.25 FS. History–New 6-30-81, Amended 4-12-84, Formerly 6C6-6.02, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-6.003 Motor Pool Program. Rulemaking Authority 240.227(1), 287.16(6) FS. Law Implemented 240.225, Chapter 287, Part II FS. History–New 6-30-81, Formerly 6C6-6.03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C6-6.004 Surplus Property. Rulemaking Authority 240.227(1), 273.055(1) FS. Law Implemented 240.225, 273.04, 273.05, 273.055 FS. History–New 6-30-81, Formerly 6C6-6.04, Repealed by Section 36, Chapter 2010-78, Laws of Florida. 6C6-6.005 Statement of Intent; Purchasing. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5) FS. History–New 7-1-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C6-6.0051 Standard of Conduct. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 112.3148, 1001.74(5) FS. History–New 7-1-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C6-6.0052 Definitions. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5) FS. History–New 7-1-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C6-6.0053 Authorities and Responsibilities of Board and University Purchasing Department. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5), 1001.75(5) FS. History–New 7-1-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C6-6.0054 Competitive Solicitation Requirements. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5), 1016.04(4) FS. History–New 7-1-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C6-6.0055 Purchasing Actions Not Subject to Competitive Solicitation Process. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5), 1010.04(2) FS. History–New 9-23-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C6-6.0056 Minority Business Commitment. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5) FS. History–New 7-1-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C6-6.0057 Bond Requirements. Rulemaking Authority 1001.74(4) FS. Law Implemented 120.57(3)(b), 255.051, 255.0516, 1001.74(5), 1010.04(2), 1010.07(2) FS. History–New 9-23-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C6-6.0058 Contracts. Rulemaking Authority 1001.74(4) FS. Law Implemented 1001.75(5), 1010.04(2) FS. History–New 9-23-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida. 6C6-6.0059 Purchases of Motor Vehicles. Rulemaking Authority 1001.74(4), 1010.04(2) FS. Law Implemented 1001.74(5) FS. History–New 7-1-03, Repealed by Section 21, Chapter 2011-177, Laws of Florida.