The purpose and effect of this rule amendment is to incorporate the school grading scale for the 2023-24 school grades results; incorporate technical changes to the alternate assessment language in alignment with Rule 6A-1.0943, ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.09981School and District Accountability

PURPOSE AND EFFECT: The purpose and effect of this rule amendment is to incorporate the school grading scale for the 2023-24 school grades results; incorporate technical changes to the alternate assessment language in alignment with Rule 6A-1.0943, F.A.C.; and remove reference to the English Language Proficiency Assessment, which is no longer used in the determination of learning gains for English Language Learners.

SUMMARY: The proposed amendments to the rule will incorporate the school grading scale for the 2023-24 school grades results. In the 2022 legislative session, Senate Bill (SB) 1048 (CH. 2022-16, L.O.F.) amended s. 1008.34(7), F.S., to require the State Board of Education to review the school grading scale and determine if the grading scale should be adjusted once learning gains data from the 2023-24 school year become available. Additionally, the proposed amendments will incorporate technical changes that update the alternate assessment language to align with language in Rule 6A-1.0943, F.A.C., and remove references to the English Language Proficiency Assessment now that all students identified as English Language Learners are assessed on the end-of-year progress monitoring assessment, even in their first year as a student enrolled in a Florida public school, as required by the Every Student Succeeds Act (ESSA).

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: The rule amendment relates only to compliance with existing requirements from the 2022 legislative session and standardization of language across multiple rules to ensure consistency, and does not change the overall methodology for school and district accountability; therefore, there is no impact on economic growth, private sector job creation, employment, private sector investment, business competitiveness, or any other factors found in section 120.541(2)(a), F.S., and no legislative ratification is required.

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, 1008.34(6), 1008.345, F.S.

LAW IMPLEMENTED: 1008.22, 1008.34, 1008.345, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 24, 2024, 9:00 a.m.

PLACE: Rosen Shingle Creek Hotel, 9939 Universal Boulevard, Suwannee 18/19/20, Orlando, FL 32819.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Justin Tarin, Bureau Chief, Bureau of Accountability Reporting, Division of Accountability, Research, and Measurement, Florida Department of Education, 325 West Gaines Street, Suite 514, Tallahassee, Florida 32399-0400, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.09981 School and District Accountability.

(1) No change.

(2) Definitions. For the purpose of this rule, the following definitions shall apply:

(a) No change.

(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. No change.

2. Beginning with the 2024-25 school year, students Students with two (2) consecutive years of valid Florida Standards Alternate Assessment 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 on the statewide, standardized alternate assessment Florida Standards Alternate Assessment in the same subject area.

b. Students who scored below Achievement Level 3 on the on the statewide, standardized alternate assessment Florida Standards 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 on the statewide, standardized alternate assessment Florida Standards 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 on the statewide, standardized alternate assessment Florida Standards Alternate Assessment and who score in the same Achievement Level in the current year in the same subject area.

(c) through (h) No change.

(3) School Accountability Framework.

(a) through (e) No change.

(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. or the English Language Proficiency Assessment, for a student who is a first year English Language Learner as provided in Rule 6A-1.09432, F.A.C., and did not take the English Language Arts statewide assessment.

(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. For English Language Learners in their first year in school in the United States, who do not take the statewide standardized English Language Arts assessment, an English Language Arts linked score will be calculated for them based on their English Language Proficiency Assessment results. This linked score will be used as the prior year score in the learning gains calculation.

(h) through (i) No change.

(4) School Grading System. The school grade components shall be calculated as a percentage, with the possible points listed by the component.

(a) No change.

(b) School Grading Component for Elementary Schools. (100 points). The 1. Beginning with the 2023-2024 school grades, the elementary school grading component shall be calculated for schools that include grade 3. 2. 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) No change.

(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. No change.

2. College and Career Acceleration. (100 points) The percentage of students included as graduates in the graduation rate from subparagraph (4)(d)(c)1. of this rule, who, while in high school, earned the following:

a. No change.

b. College credit through dual enrollment courses according to the requirements of Rule 6A-14.064, F.A.C., or, beginning with the 2021-2022 calculation of school grades, 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. No change.

d. An Beginning with the 2022-2023 calculation of school grades, 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. No change.

(e) Procedures for Calculating School Grades.

1. through 2. No change.

3. Letter grades shall be assigned to schools based on the percentage of total applicable points earned as follows:

a. Sixty-two (62) percent of total applicable points or higher equals a letter grade of A;

b. Fifty-four (54) to sixty-one (61) percent of total applicable points equals a letter grade of B;

c. Forty-one (41) to fifty-three (53) percent of total applicable points equals a letter grade of C;

d. Thirty-two (32) to forty (40) percent of total applicable points equals a letter grade of D; and

e. Thirty-one (31) percent of total applicable points or less equals a letter grade of F.

For the 2022-2023 school year, in accordance with s. 1008.34(7)(a), F.S., school and district grades are established so that the percentage of schools that earn an A, B, C, D, and F is statistically equivalent to the 2021-2022 school and district grades results.

(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 percentage of total applicable points earned as follows:

(a) Sixty-two (62) percent of total applicable points or higher equals a letter grade of A;

(b) Fifty-four (54) to sixty-one (61) percent of total applicable points equals a letter grade of B;

(c) Forty-one (41) to fifty-three (53) percent of total applicable points equals a letter grade of C;

(d) Thirty-two (32) to forty (40) percent of total applicable points equals a letter grade of D; and

(e) Thirty-one (31) percent of total applicable points or less equals a letter grade of F.

(6) through (7) No change.

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,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Justin Tarin, Bureau Chief, Bureau of Accountability Reporting, Division of Accountability, Research, and Measurement

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 12, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 2, 2024