The purpose and effect of the proposed rule change is to incorporate changes into the calculation of the school grades formula for elementary, middle, high and combination schools. These changes include: setting the FCAT Writing standard for school ...

Notice of Proposed Rule

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-1.09981: Implementation of Florida's System of School Improvement and Accountability
PURPOSE AND EFFECT: The purpose and effect of the proposed rule change is to incorporate changes into the calculation of the school grades formula for elementary, middle, high and combination schools. These changes include: setting the FCAT Writing standard for school grades at a score of 3.5 and changing the initial year in which school grades could be evaluated for an automatic grade scale adjustment to 2012-13 from 2011-12.
SUMMARY: This rule describes the school grading process, lays out the data that is used in the process, how points for school grades are calculated, and requirements to receive an A, B, C, D, or F grade. This rule amendment is proposed to incorporate recent changes. These changes include: setting the FCAT Writing standard for school grades at a score of 3.5 and changing the initial year in which school grades could be evaluated for an automatic grade scale adjustment to 2012-13 from 2011-12.
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), F.S., and; 2) based on past experiences with the school grade rule 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), F.S.
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: December 12, 2012, 8:00 a.m.
PLACE: Tampa Airport Marriott, Tampa International Airport, 4200 George J. Bean Parkway, Tampa, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Lynn Abbott - [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
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-1.09981 Implementation of Florida’s System of School Improvement and Accountability.

(1) through (3) No change.

(4) Criteria for Designating School Grades. School grades shall be based on a combination of the following components:

(a) Components that apply to all school types:

1. Student achievement scores, aggregated for each school, which indicate the percent of eligible students who score at or above Achievement Level 3 on FCAT 2.0 and statewide EOC assessments in reading, mathematics, and science, and the percent of students who, beginning in 2012-13, score “3.5” “4.0” or higher on the FCAT Writing Aassessment. These percentages will also include, for students with disabilities whose sole assessment results are FAA scores, students who score at FAA Performance Level 4 or higher.

Statewide EOC assessment scores used for the performance and learning gains measures in high schools grades will be scores for the assessments administered to students for the first-time in high school. All other scores for high school students on the same assessment will be counted as retakes.

2. through (c)1.f. No change.

2. The school grading measures and requirements described in subparagraph (4)(c)1. of this rule, shall be applied to high schools for which there are at least ten (10) students included in the denominator of each component described in paragraph (4)(c) of this rule. For high schools in which there are fewer than ten (10) students in the denominator of any one of these components, except for the four-year graduation rate for at risk students and the five-year graduation rate the school grade shall be determined using the components described in paragraph (4)a of this rule and shall not include any of the components described in subparagraphs (4)(c)1. of this rule. However, for high schools in which there are fewer than ten (10) students in the denominator of the four-year high school graduation rate for academically at-risk students (sub-subparagraph (4)(c)1.b. of this rule),the grade point component defined in sub-subparagraph (5)(c)1.a. of this rule shall be substituted for the grade point component defined in sub-subparagraph (4)(c)1.b. of this rule. For high schools with at least ten (10) students in the four-year graduation rate cohort but with fewer than ten (10) students in the five-year modified graduation rate cohort, the five-year modified graduation cohort will be replaced by the a four-year graduation rate modified to count special diploma recipients as graduates.

(5)(a)1. through 2. No change.

3. One (1) point for each percent of students who beginning in 2012-13, score “3.5”“4.0” or higher on the FCAT Writing A ssessment or Level 4 or higher on the FAA Writing Assessment.

4. through (6)(e) No change.

(7) Planned System Enhancements. As indicated in this subsection, planned enhancements will occur in Florida’s System of School Improvement and Accountability. The Commissioner of Education will periodically recommend additional changes to the system to the State Board of Education as necessary to ensure that continuous improvements are made in the educational programs of the state. Beginning with the 2012-13 2011-12 school year and annually thereafter, the percentage of “A” and “B” school grades for the year shall be reviewed to determine whether to adjust the school grading scale upward for the following year’s school grades. The first adjustment would occur no earlier than the 2013-2014 2012-13 school year. An adjustment will be made if the percentage of schools earning an “A” or “B” in the current year represents seventy-five (75) percent or more of all graded schools within a particular school type. There are four school types used for accountability: elementary, middle, high, and combination. The adjustment would reset the minimum required percentage of points for each passing grade (A, B, C, D) at the next highest percentage ending in the numeral 5 or 0 (zero), whichever is closest to the current percentage. Annual reviews of the percentage of schools earning an “A” or “B” and adjustments to required points will be suspended when the following grade scale is achieved: 90 percent or more of the points for an “A”; 80 to 89 percent of the points for a “B”; 70 to 79 percent of the points for a “C”; and 60 to 69 percent of the points for a “D.”

(8) through (9) No change.

Rulemaking Authority 1001.02, 1008.22, 1008.34, 1008.345 FS. Law Implemented 1008.22, 1008.34, 1008.345, 1008.36 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,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jane Fletcher, Interim Deputy Commissioner, Accountability, Research and Measurement
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner Pam Stewart
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 13, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 10, 2012 and September 28, 2012