The purpose and effect of the proposed rule amendment is to clarify that the performance of students attending a charter alternative school is not to be included in the student’s home school grade, to remove obsolete language equating an alternative ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-1.099822: School Improvement Rating for Alternative Schools.
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to clarify that the performance of students attending a charter alternative school is not to be included in the student’s home school grade, to remove obsolete language equating an alternative school that has a declining rating with an “F” school, and to remove language regarding school recognition awards that duplicates language in the statute.
SUMMARY: This rule amendment is proposed to remove an obsolete clause in the rule’s definition of alternative schools pursuant to Section 1003.53, Florida Statutes, make minor technical edits to ensure that the rule language unambiguously conforms with provisions in the governing statute and to ensure that the crediting back of scores to home schools occurs only for students who have been assigned to alternative schools.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for SERC was triggered under Section 120.541(1), Florida Statutes, and; 2) based on past experiences with school improvement ratings and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 1008.34, 1008.341 FS.
LAW IMPLEMENTED: 1008.34, 1008.341 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 28, 2012, 8:00 a.m.
PLACE: Tallahassee, Florida (The physical location will be posted on the Department’s website no later than 14 days prior to the meeting at http://www.fldoe.org).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ed Croft, Bureau Chief, Accountability Reporting, Accountability, Research, and Measurement, 325 W. Gaines Street, Suite 1401, Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.099822 School Improvement Rating for Alternative Schools.

(1) Purpose. The purpose of this rule is to implement the requirements of Sections 1008.34 and 1008.341, F.S.

(2) School Eligibility.

(a) Definition of an alternative school for accountability purposes. An alternative school, for purposes of school accountability improvement ratings, is any school that provides dropout prevention and academic intervention services pursuant to Section 1003.53, F.S., and has students referred to the school by another school in any district. Charter schools can be designated as alternative schools for the purposes of school accountability improvement ratings if the school’s charter explicitly states that the mission of the charter school is to provide dropout prevention and academic intervention services through alternative education. This definition does not include “second chance schools” as defined by Section 1003.53, F.S., educational programs operated or contracted by Department of Juvenile Justice facilities, or district school board programs that serve students officially enrolled in dropout retrieval programs.

(b) In school year 2007-2008, and annually thereafter, school districts will have the opportunity to identify alternative schools for accountability purposes in compliance with the above guidelines. Those identified schools will have the option of earning a school grade, pursuant to Section 1008.34, F.S., or a school improvement rating, as outlined in subsection (5) of this rule.

(3) Accuracy of Data.

(a) Prior to the calculation of School Improvement Ratings for Alternative Schools, as described in subsection (5) of this rule, alternative schools will be identified in a cumulative list according to primary service type as designated in the Department of Education’s Master School Identification file.

(b) Districts will be given the opportunity to review the cumulative list and submit additions and/or deletions, as necessary, to the Department of Education. Documentation required to make an addition or deletion to the list of alternative schools shall include, at a minimum:

1. Statement of the current mission of the school;

2. Description of the targeted student population;

3. Explanation of enrollment procedures; and

4. Verification that a majority of enrolled students are at-risk, low-performing students exhibiting discipline or attendance problems.

(4) Student Inclusion.

(a) As outlined in Section 1008.341(3), F.S., the calculation of a school improvement rating shall include the aggregate scores of students assigned to and enrolled in the alternative school during the October or February FTE count.

(b) As outlined in Section 1008.34(3)(b)3., F.S., the following students are not included in the accountability calculations for alternative schools:

1. Students subject to district school board policies for expulsion for repeated and/or serious offenses;

2. Students who are in dropout-retrieval programs who have officially been designated as dropouts; and

3. Students who are in programs operated or contracted by the Department of Juvenile Justice.

(5) through (c)2. No change.

(d) Pursuant to Section 1008.341, F.S., schools that improve at least one level or maintain an “improving” rating are eligible for school recognition awards pursuant to Section 1008.36, F.S.

(e) If a school earns a “declining” rating, the school is subject to the same requirements as a school designated School Performance Grade F as outlined in Rule 6A-1.09981, F.A.C.

(d)6. After the initial issuance of the school improvement ratings, school districts shall have the opportunity to review and submit for state review any appeal of the calculation as outlined in paragraph 6A-1.09981(9)(c), F.A.C.

(6) Student Performance Credited to Home School When Alternative School Receives a School Improvement Rating. If an alternative school chooses to be evaluated through a school improvement rating rather than a school grade, and the alternative school is not a charter alternative school established pursuant to Section 1002.33, F.S., the student performance of eligible students (identified in Section 1008.34(3)(b)3., F.S.) shall be included in the students’ home school’s grade as well as the alternative school’s school improvement rating. An eligible student’s performance will be included in the calculation of the home school’s overall percentage of students making learning gains in reading and in math, provided that the student is enrolled in a grade level at the alternative school that is offered by the student’s home school.

Rulemaking Authority 1008.34, 1008.341 FS. Law Implemented 1008.34, 1008.341 FS. History–New 4-14-08, Amended 6-22-09,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kris Ellington, Deputy Commissioner, Accountability, Research, and Measurement
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 18, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 23, 2011