The purpose and effect of the proposed new rule is to provide in rule the process and procedures relating to the statewide system of school improvement as required by Section 1008.33, Florida Statutes, as amended in 2009.

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-1.099811: Differentiated Accountability State System of School Improvement
PURPOSE AND EFFECT: The purpose and effect of the proposed new rule is to provide in rule the process and procedures relating to the statewide system of school improvement as required by Section 1008.33, Florida Statutes, as amended in 2009.
SUMMARY: The proposed rule implements Section 1008.33, Florida Statutes, by facilitating a statewide system of school improvement that categorizes schools based on Adequate Yearly Progress (AYP) and school grade and provides support based on a system designed to target the lowest-performing schools with the greatest levels of intervention. The rule details the system of categorization, designates responsible parties to provide support, and establishes guidance and intervention for the lowest-performing schools in Florida.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1008.33 FS.
LAW IMPLEMENTED: 1008.33 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 19, 2010, 9:30 a.m.
PLACE: Tampa, Florida. For additional information contact Lynn Abbott, [phone] or e-mail [e-mail]
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Nikolai Vitti, Deputy Chancellor, Bureau of School Improvement, 325 W. Gaines Street, Suite 1502, Tallahassee, Florida 32399-0400

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.099811 Differentiated Accountability State System of School Improvement.

The purpose of this rule is to set forth the Differentiated Accountability State System of School Improvement, to set forth the framework for categorizing how well schools are meeting Adequate Yearly Progress criteria, to define the level of assistance provided to schools, and to identify the support systems and strategies to be implemented by schools and districts.

(1) Definitions. The following definitions shall be used in this rule:

(a) “Adequate Yearly Progress” or “AYP” means that the AYP criteria for demonstrating progress toward state proficiency goals were met by each subgroup.

(b) “Annual goals” or “state proficiency goals” means the annual targets for the percent of students who meet grade level proficiency in reading and mathematics as established in “Adequate Yearly Progress Benchmarks in Florida” of the 2009 Guide to Calculating Adequate Yearly Progress (AYP), Technical Assistance Paper dated June 2009, which is hereby adopted by reference and made part of this rule and accessible at http://schoolgrades.fldoe.org/pdf/0809/2009AYPTAP.pdf. Proficiency on the FCAT is attained at scoring level 3 or higher in reading and mathematics on a 5-level range. Proficiency on the Florida Alternate Assessment is attained at scoring level 4 or higher on a 9-level range.

(c) “AYP Count” means the value assigned to a school that did not achieve AYP for two (2) consecutive years, starting from the 2002-03 school year. The school is assigned a value of one (1) AYP count if the school failed to make AYP for two (2) consecutive years and increases by one (1) for each year that the school fails to achieve AYP.

(d) “Benchmark Baseline Assessment” means a diagnostic assessment given at the beginning of the year to evaluate students’ strengths and weaknesses on grade-level skills in reading, mathematics, science, and writing.

(e) “Benchmark Mid-Year Assessment” means a diagnostic assessment given at the mid-point of a school year to evaluate students’ progress on grade-level skills in reading, mathematics, science, and writing.

(f) “Benchmark Mini-Assessments” means diagnostic assessments given at frequent intervals used to monitor student learning of recently taught skills, and to guide teachers’ instructional focus.

(g) “Community Assessment Team” or “CAT” means a team consisting of stakeholders including but not limited to parents, business representatives, teachers, administrators, district level personnel, and Department of Education staff, who advocate for low-performing schools within their community, as set forth in Section 1008.345, Florida Statutes.

(h) “D Former F” means a “D” graded school that improved from a grade of “F” the previous academic year.

(i) “Department” means the Florida Department of Education (FDOE).

(j) “Differentiated Accountability State System of School Improvement,” “Differentiated Accountability” and “DA” mean the accountability system used by Florida to meet conditions for participation in the Elementary and Secondary Education Act, 20 U.S.C.ss 6301 et seq. that requires states to hold public schools and school districts accountable for making adequate yearly progress toward meeting state proficiency goals.

(k) “Direct instructional support” means support provided by a district curriculum specialist who visits the school frequently to provide onsite professional development and support to classroom teachers.

(l) “District” means the school district responsible for collaborating with the Department and schools to ensure the state system of school improvement is implemented with fidelity.

(m) “District Improvement and Assistance Plan” means a district level plan, submitted to the Department, that includes strategies for improving school performance and increasing student achievement.

(n) “Florida Continuous Improvement Model” or “FCIM” means a method for effectuating improvement that is based on the principle that student and teacher success requires a continuous effort. Key elements include analyzing data, developing timelines, quality instruction, and frequently assessing students.

(o) “Fully released coach” means a full time reading and mathematics or science coach who is devoted full time to coaching duties.

(p) “Individual Professional Development Plan” or “IPDP” means the plan for each instructional employee assigned to a school as set forth in Section 1012.98, Florida Statutes.

(q) “Instructional monitoring process” means a process for monitoring instructional programs and practices, and ensuring that they are implemented.

(r) “Lesson Study Group” or “LSG” means a small group of teachers who collaborate to plan an actual classroom lesson (called a “research lesson”), observe how the lesson works in practice, and report on the results for the benefit of other teachers.

(s) “Next Generation Sunshine State Standards” or “NGSSS” means the state’s public K-12 curriculum standards adopted pursuant to Section 1003.41, Florida Statutes.

(t) “Peer Review” means the process by which school staff reviews and provides feedback on another school’s improvement plan.

(u) “Response to Intervention” or “RtI” means the practice of providing services and interventions matched to individual student needs as determined by an analysis of student data and feedback from observations.

(v) “School Advisory Council” means the council set forth in Section 1001.452, Florida Statutes.

(w) “School grade” means the grade assigned to a school pursuant to Section 1008.34, Florida Statutes, and Rule 6A-1.09881, F.A.C., except that a high school’s grade will be established solely by the FCAT scores and AYP for purposes of Differentiated Accountability.

(x) “School improvement plan” or “SIP” means a school level plan, submitted to the district and the Department, that includes strategies for improving school performance and increasing student achievement.

(y) “State adopted material” means textbooks and instructional materials that are aligned to the Next Generation Sunshine State Standards and approved for use in the state’s schools under Section 1006.34, Florida Statutes.

(z) “Subgroup” means a demographic group whose performance on the state assessment is measured to determine AYP and includes American Indian, Asian, black or African American, Hispanic, white, economically disadvantaged students, English language learners, students with disabilities, and all students.

(aa) “Data chats” means the process of teachers or administrators meeting with students to discuss the results of student’s assessments.

(bb) “Common planning time” means the time provided to teachers to meet regularly with common grade-level or subject-area teachers to collaborate.

(2) Adequate Yearly Progress.

(a) Every public school is expected to make adequate yearly progress towards state proficiency goals for each subgroup.

(b) AYP shall be calculated in accordance with Part II, 1.-5. of the 2009 Guide to Calculating Adequate Yearly Progress (AYP) Technical Assistance Paper, June 2009, which is hereby adopted by reference in this rule and accessible at http://schoolgrades.fldoe.org/pdf/0809/2009AYPTAP.pdf.

(c) AYP is comprised of thirty-nine (39) criteria as follows:

1. The first nine (9) criteria are met by determining whether the participation rate for each subgroup being evaluated in reading is at least ninety-five (95) percent.

2. The second nine (9) criteria are met by determining whether the participation rate for each subgroup being evaluated in mathematics is at least ninety-five (95) percent.

3. The third nine (9) criteria are met by determining whether the annual goals for reading proficiency are met by each subgroup being evaluated.

4. The fourth nine (9) criteria are met by determining whether the annual goals for mathematics proficiency are met by each subgroup being evaluated;

5. The thirty-seventh criterion is met if school-wide performance in writing improved by one (1) percent or is at a rate of ninety (90) percent or higher;

6. The thirty-eighth criterion is met if the school does not earn a grade of D or F; and

7. The thirty-ninth criterion is met if a high school improved its graduation rate or has a graduation rate of eighty-five (85) percent or higher.

(d) If a criterion is not applicable to a school because the subgroup is not of sufficient number or the school is not a high school, that criterion will be considered as having been met.

(e) The percentage of AYP criteria met is calculated by determining what percent of the thirty-nine (39) criteria was met by the school.

(3) Categories. The Department shall place each school into one of six categories annually. Beginning with the highest performing, the categories are entitled: Schools Not Required to Participate in Differentiated Accountability Strategies, Prevent I, Correct I, Prevent II, Correct II, and Intervene.

(a) Schools Not Required to Participate in Differentiated Accountability Strategies are schools in the highest-performing school category. A school shall be so categorized when the school:

1. Is graded “A”, “B”, “C”, or is ungraded; and

2. Has not failed to make AYP for two (2) consecutive years.

(b) A school shall be categorized as a Prevent I school when the school:

1. Is graded “A”, “B”, “C”, or is ungraded; and

2. Has an AYP count between one(1) and three (3); and

3. Has met at least eighty (80) percent of AYP criteria for at least two (2) consecutive years.

(c) A school shall be categorized as a Correct I school when the school:

1. Is graded “A”, “B”, “C”, or is ungraded and;

2. Has an AYP Count of four (4) or greater; and

3. Has met at least eighty (80) percent of AYP criteria.

(d) A school shall be categorized as a Prevent II school when the school:

1. Is a “D” school that failed to meet AYP criteria for fewer than two (2) consecutive years; or

2. Is a “D” school that failed to meet AYP criteria for at least two (2) consecutive years, with an AYP count between one (1) and three (3); or

3. Is graded “A”, “B”, “C”, or is ungraded; and

a. Has an AYP Count between one (1) and three (3); and

b. Has met less than eighty (80) percent of AYP criteria and has not met AYP criteria for at least two (2) consecutive years.

(e) A school shall be categorized as a Correct II school when the school:

1. Is graded “F” regardless of AYP status; or

2. Is graded “D” and has an AYP Count of four (4) or greater; or

3. Is graded “A”, “B”, “C”, or is ungraded; and

a. Has an AYP Count of four (4) or greater; and

b. Has met less than eighty (80) percent of AYP criteria.

(f) A school shall be categorized as an Intervene school when the school:

1. Is graded “F” and has earned at least four (4) “F” grades in the last six (6) school years; or

2. Is graded “D” and meets the criteria for a Correct II school or is graded “F” and meets the criteria for a Correct II school, and the school also meets at least three (3) of the four (4) following conditions:

a. The percentage of non-proficient students in reading has increased when compared to the percentage attained five (5) years earlier.

b. The percentage of non-proficient students in mathematics has increased when compared to the percentage attained five (5) years earlier.

c. Sixty-five (65) percent or more of the school’s students are not proficient in reading.

d. Sixty-five (65) percent or more of the school’s students are not proficient in mathematics.

3. Alternative schools are exempt from qualifying for the Intervene category.

(4) Notice to District of School Category. The Department shall notify each school district of the category of each school located within the district.

(5) Intervention and Support Strategies. The strategies and support interventions required of schools in need of improvement fall into seven (7) areas: school improvement planning, leadership quality improvement, educator quality improvement, professional development, curriculum alignment and pacing, the Florida Continuous Improvement Model, and monitoring plans and processes. The action required for each school category is set forth in the form entitled, DA2 – Strategies and Support for Differentiated Accountability, effective as of the effective date of this rule. Form DA2 is hereby incorporated by reference in this rule and can be obtained through the Department of Education website www.flbsi.org/DA/index.htm or by contacting the Bureau of School Improvement in the Department. The strategies and support set forth in this form must be incorporated into districts’ collective bargaining agreement. The entity responsible for implementing the Differentiated Accountability strategies is as follows:

(a) For Prevent I schools:

1. The school implements interventions.

2. The district monitors progress and provides support to schools.

(b) For Correct I schools:

1. The school implements interventions.

2. The district directs interventions.

3. The district monitors progress and provides support to schools.

(c) For Prevent II schools:

1. The school implements interventions.

2. The district directs school interventions.

3. The district monitors progress and provides support to schools.

4. The Department monitors the district’s support to schools.

(d) For Correct II schools:

1. The school implements interventions.

2. The district directs school interventions.

3. The district and Department monitor progress and support schools.

4. Intensive onsite support is provided by the district and the Department for schools graded “F,” “D Former F,” and Exiting Intervene schools.

(e) For Intervene schools:

1. The school implements interventions.

2. The district and Department conduct onsite monitoring of intervention implementations.

3. The district and Department provide intensive onsite support.

4. In the event the school does not make sufficient progress to exit the Intervene category within one (1) year, the district must choose one (1) of the four (4) reconstitution options described in subsection (8) of this rule.

(6) School Improvement Plan.

(a) Except for a school in the highest performing category, a school’s improvement plan shall include the strategies and support activities found in the Department’s Form DA2 – Strategies and Support for Differentiated Accountability. The School Improvement Plan template as incorporated by reference in Rule 6A-1.09981, F.A.C., as Form SIP-1, is available at http://www.flbsi.org.

(b) Non-Title I A, B, or C schools may receive a waiver from FDOE if the district/school can demonstrate that their existing template provides strategies for subgroups that did not meet AYP in the area of data analysis, RtI, and increasing student achievement. Applications for waivers are submitted to the Department of Education, K-12 Public Schools, prior to the annual submission deadline of the School Improvement Plan. The Department shall approve or deny the waiver and notify the district.

(7) Progression and exiting from categories other than Intervene. A Prevent I, Correct I, Prevent II, or Correct II school may progress to a School Not Required to Participate in Differentiated Accountability Strategies when it meets AYP criteria for two (2) consecutive years.

(8) Intervene Status; exiting the Intervene category; consequences of failing to exit.

(a) In order to exit the Intervene category a school must make significant progress after one (1) year. Significant progress is defined as:

1. The school’s letter grade improves to a “C” or better, and

2. The school’s AYP performance improves so that at least one (1) subgroup in reading and at least one (1) subgroup in mathematics that previously did not make AYP has made AYP.

(b) In the event a school in the Intervene category fails to make significant progress within one (1) year and exit the Intervene category, the district and Department will provide assistance with the selection and implementation of one (1) of the four (4) following reconstitution options for the school:

1. Reassign students to another school and monitor the students’ progress. This option requires the district to:

a. Close the school and assign the students to different locations.

b. Follow established procedures for attendance boundary changes and zoning requirements in reassigning students to different locations.

c. Ensure that teachers from the closed school who are responsible for teaching reading and mathematics are not assigned to any school where the students from the closed school are assigned unless the teacher is highly qualified as set forth in Section 1012.05, Florida Statutes, and sixty-five (65) percent of the teacher’s students achieved learning gains on FCAT for reading and mathematics.

d. Identify students from the closing school who were reassigned and monitor their academic progress. Progress will be reported annually to the Department for three (3) years.

e. In addition to open house events, the school must offer a flexible number of meetings to inform parents of their child’s performance at school. These meetings shall be held at convenient times such as morning, evening, or weekends.

2. Convert the school to a district-managed turnaround school. This option requires:

a. The district to assign a district employee who is responsible for managing the turnaround process.

b. The district to replace the principal, all assistant principals, and instructional coaches unless assigned to the school for less than one (1) year and the school’s failure to improve cannot be attributed, in whole or in part, to the individual. The Department shall provide recommendations to the district with respect to replacing the principal, assistant principals, and instructional coaches.

c. The district to reassign or replace instructional faculty and staff whose students’ failure to improve can be attributed to a lack in performance on the part of faculty and staff providing instruction. Reading and mathematics teachers may not be rehired at the school unless they are highly qualified and effective instructors as set forth in Section 1012.05, Florida Statutes, and as evidenced by sixty-five (65) percent of their students achieving learning gains on FCAT.

d. The district to undertake a comprehensive search to recruit a new principal with a record of turning around a similar school. The principal’s contract must include differentiated pay in the form of a signing bonus and performance pay for raising student achievement. The selection of the principal shall be informed by guidance from the Department.

e. The principal and new leadership team to select new faculty and staff with the Department’s assistance. Differentiated pay may be offered to faculty through signing bonuses and compensation for mandatory professional development and involvement in additional parent and student functions after school. Performance pay may also be offered to teachers for raising student achievement. The hiring process shall be completed in time to ensure all teachers participate in summer professional development activities.

f. The district to provide the school with a fully released reading coach and a fully released mathematics or science coach, and will provide additional coaches based on enrollment, unless the district provides direct instructional support services.

g. The district to assemble an advisory board comprised of district personnel, community members, and a representative of the Department. The advisory board shall report monthly to the superintendent regarding its activities, concerns, and recommendations. Only one advisory board is required for a district with more than one school in the Intervene category.

h. The district to make available to the school’s administrators and teachers prior to the opening of school a summer professional development academy that is developed in conjunction with the Department.

i. The school to establish common planning time within the master schedule to allow meetings to occur a minimum of two (2) times a week, by grade level in elementary school and by subject area at the secondary level. If the master schedule cannot allow all grade level or subject area teachers to participate at the same time, the district must establish weekly common planning time after school for a minimum of one (1) hour a week.

j. The district to enhance its school allocation formula to provide additional funds, resources, and personnel to the school.

k. The district to submit to the bargaining process the terms of any provision of a collective bargaining agreement that impede the district’s efforts to make gains sufficient for its schools in the Intervene category to exit from that category.

l. In addition to open house events, the school must offer a flexible number of meetings to inform parents of their child’s performance at school. These meetings shall be held at convenient times such as morning, evening, or weekends.

3. Close the school and reopen the school as a charter school or multiple charter schools. This option requires the district to:

a. Close the school and follow procedures of Section 1002.33, Florida Statutes, to reopen the school as a charter or multiple charters.

b. Reassign students who do not choose to attend the charter to other schools.

c. Ensure that the charter includes the following provisions:

(I) The principal selected must have experience turning around a low-performing school;

(II) The principal, assistant principals, or coaches from the closed school may not be hired at the charter school unless assigned to the school for less than one (1) year and the school’s failure to improve cannot be attributed, in whole or in part, to the individual;

(III) Reading and mathematics teachers from the closed school may only be hired if they are highly qualified and effective instructors as set forth in Section 1012.05, Florida Statutes, and as evidenced by sixty-five (65) percent of their students achieving learning gains on FCAT.

(IV) The district provides the school with a fully released reading coach and a fully released mathematics or science coach and provides additional coaches based on enrollment, unless the charter provides direct instructional support services.

d. In addition to open house events, the school must offer a flexible number of meetings to inform parents of their child’s performance at school. These meetings shall be held at convenient times such as morning, evening, or weekends.

4. Contract with an outside entity to operate the school. This option requires the district to enter into a contract with a management company having a proven success record of improving low-performing schools. The contract must include the following:

a. The principal must have experience turning around a low-performing school.

b. The principal, assistant principals, or coaches from the closed school may not be hired at the new school unless assigned to the school for less than one (1) year and the school’s failure to improve cannot be attributed, in whole or in part, to the individual.

c. Reading and mathematics teachers from the closed school may only be hired if they are highly qualified and effective instructors as set forth in Section 1012.05, Florida Statutes, and as evidenced by sixty-five (65) percent of their students achieving learning gains on FCAT.

d. The district provides the school with a fully released reading coach and a fully released mathematics or science coach and provides additional coaches based on enrollment unless the charter provides direct instructional support services.

e. In addition to open house events, the school must offer a flexible number of meetings to inform parents of their child’s performance at school. These meetings shall be held at convenient times such as morning, evening, or weekends.

(c) If a school does not exit the Intervene category after one (1) year of implementing one (1) of the options for reconstitution, a different option will be selected by the district each year until all options are exhausted, in which case the school will be closed and students reassigned.

(d) If a school does not exit the lowest-performing category during the initial year of implementing one of the reconstitution options, the school district must submit a plan, for State Board of Education approval, that includes details for implementing a different reconstitution option at the beginning of the next school year, unless the provisions of paragraph (8)(e) of this rule apply.

(e) When a school district demonstrates that a school is likely to move from the lowest-performing category if additional time is provided to implement intervention and support strategies, the State Board of Education shall permit continuation of an implementation option beyond one year.

(f) Each year the Department shall publish notice of the deadline for the selection of a reconstitution option, as provided in paragraph (8)(b) of this rule and the submission of plan for implementation of that option. The notice shall provide a district a minimum of thirty (30) days for selection of the implementation option and a minimum forty-five (45) days after that date for the submission of an implementation plan.

(9) Annual update of DA forms. DA forms will be annually updated and submitted for State Board approval.

Rulemaking Authority 1001.02(1), 1008.33 FS. Law Implemented 1006.40(2), 1008.33 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Frances Haithcock, Chancellor, Division of Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 8, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 14, 2009