The purpose and effect of this rule amendment is to revise the definition of “graduates” for the five-year high school graduation rate in the school grades calculation to align with the requirements of the Elementary and Secondary Education Act (...

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.:RULE TITLE:
6A-1.09981Implementation of Florida's System of School Improvement and Accountability
PURPOSE AND EFFECT: The purpose and effect of this rule amendment is to revise the definition of “graduates” for the five-year high school graduation rate in the school grades calculation to align with the requirements of the Elementary and Secondary Education Act (ESEA) waiver.
SUMMARY: This rule describes the school grading process, lays out the data 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 align the school grades rule with the requirements of the ESEA waiver. This change includes revising the definition of “graduates” for the five-year high school graduation rate in the school grades calculation beginning with 2012-2013 school year, to match the four year graduation rate. The five-year graduation rate will no longer include students who earn a special diploma under Section 1003.438, Florida Statutes, when calculating the graduation component of high schools grade.
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 the school grade rule and rules of this nature, adverse impact or regulatory cost, nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes. Further, the subject matter of the proposed rule amendment, namely modifying the methodology by which the Department of Education calculates one component of school grades, is not one that will adversely impact economic growth, private sector job creation or growth, or business competiveness or increase regulatory costs. Moreover, it is expected that the cost of implementing the change will be change absorbed by the agency with existing resources. As noted above in the summary, the amendment is necessary to gain approval of the United States Department of Education for the ESEA waiver, through which the state receives significant federal educational funding.
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: 1001.02, 1008.22, 1008.33 1008.34, 1008.345 FS.
LAW IMPLEMENTED: 1008.34, 1008.22, 1008.33 1008.34, 1008.345, 1008.36 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 16, 2013, 8:00 a.m.
PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ed Croft, Director, Accountability Reporting, Accountability Research and Measurement, 325 West Gaines Street, Room 1401, Tallahassee, FL 32399, [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.09981 Implementation of Florida’s System of School Improvement and Accountability.

(1) through c. No change.

d. For high schools, when data for the elements described in paragraph (4)(c) of this rule is available for ten (10) or more students, the accountability system will also include graduation rates as measured by the federal uniform graduation rate according to 34 CFR § 200.19 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01332), which rate calculation is incorporated herein by reference, a five-year federal uniform rate, modified to include special diploma graduates, an at-risk graduation rate, participation and performance in accelerated mechanisms, and college readiness as measured by the Postsecondary Education Readiness Test (P.E.R.T.), or other common placement tests authorized under Rule 6A-10.0315, FAC., which is incorporated by reference herein.

2. through (4)(b) No change.

(c) Additional components that apply to high schools:

1. Fifty (50) percent of school grades for high schools (schools that include grades 9 through 12 among grades taught) shall be based on the following components in addition to the components previously described in paragraph (4)(a) of this rule:

a. High school graduation rate. School grade points for the high school graduation rate will be based on a combination of two graduation rate calculations. The first graduation rate component shall be a four-year adjusted cohort rate using criteria for the federal uniform graduation rate defined in the Code of Federal Regulations at 34 C.F.R. § 200.19(b). The second graduation rate component shall be a five-year adjusted federal uniform cohort graduation rate. The five-year graduation rate will apply the same criteria as for the four-year graduation rate, except that fifth-year standard diploma recipients will also be counted as graduates with one exception: Students with disabilities who earn a special diploma will be counted as graduates in the five-year graduation rate component for Florida's high school grades.

b. through 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 four-year graduation rate modified to count special diploma recipients as graduates.

(5) through 3. No change.

(c) Points for high schools in addition to the points described in paragraph (5)(a) of this rule (800 points available).

1. Graduation Rate (200 points). The total possible points awarded for the combined graduation rate component is 200 points: 100 possible points awarded for the four-year federal uniform graduation rate and 100 points for the five-year modified federal uniform graduation rate. School grade points for annual growth or decline as described in subparagraph (5)(c)7. of this rule will be applied to the points earned for the combined graduation rate component.

2. At-Risk Graduation Rate (100 points). The total possible points awarded for the at-risk graduation rate component is 100 points. For this component, 0.5 grade points shall be awarded for each percent of students counted as on-time graduates in the four-year graduation rate, and 0.5 grade points shall be awarded for each percent of students counted as graduates in the 5-year cohort in the modified five-year graduation rate. School grade points for annual growth or decline as described in subparagraph (5)(c)7. of this rule will be applied to the points earned for the combined graduation rate component for at-risk students.

3. 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, 1-17-13,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jane Fletcher, Interim Deputy Commissioner, Division of Accountability, Research and Measurement
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tony Bennett, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 18, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 15, 2013