The proposed rule revises the criteria of charter schools required to submit a school improvement plan with a corrective action to a charter school that earns three consecutive grades below a “C”. The rule conforms to HB7069 which passed in June ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.099827Charter School Corrective Action and School Improvement Plans

PURPOSE AND EFFECT: The proposed rule revises the criteria of charter schools required to submit a school improvement plan with a corrective action to a charter school that earns three consecutive grades below a “C”. The rule conforms to HB7069 which passed in June 2017 and made changes to certain provisions within Section 1002.33, Florida Statutes.

SUMMARY: The proposed rule revises the criteria of charter schools required to submit a school improvement plan with a corrective action to a charter school that earns three consecutive grades below a “C”. The proposed rule also removes the requirement for charter schools with a grade of “D” or “F” that improve at least one letter grade to continue implementing strategies identified in the approved school improvement plan.

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:

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: 1002.33(28), FS.

LAW IMPLEMENTED: 1002.33(9), FS.

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

DATE AND TIME: September 13, 2017, 9:00 a.m.

PLACE: Tallahassee Community College Capitol Center, 300 W. Pensacola Street, Tallahassee, FL 32301.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Emerson, Charter Schools Director, Department of Education, 325 West Gaines Street, Suite 1044, Tallahassee, FL 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.099827 Charter School Corrective Action and School Improvement Plans.

(1) Required Plans.

(a) A charter school that receives a school grade of “D” or “F” pursuant to Section 1008.34(2), F.S., must develop and submit a school improvement plan to its sponsor.

(b) A charter school that earns three (3) consecutive grades below a “C” of “D”, two (2) consecutive grades of “D” followed by a grade of “F”, or two (2) nonconsecutive grades of “F” within a three (3) year period must submit to its sponsor a school improvement plan that includes one of the corrective actions listed in subsection (6) of this rule.

(2) through (3) No change.

(4) School Improvement Plans.

(a) No change.

(b) A charter school that improves at least one (1) letter grade is not required to submit a new school improvement plan but must continue to implement the strategies identified in the approved school improvement plan and continue to report annually to the sponsor pursuant to paragraph (7)(b) of this rule.

(c)(b) A charter school that is subject to corrective action pursuant to paragraph (1)(b) of this rule shall submit to its sponsor a school improvement plan that includes, at a minimum, each of the components listed in paragraph (4)(a) of this rule and the following:

1. Governing board resolution selecting one of the corrective action options pursuant to subsection (6) of this rule;

2. A detailed implementation timeline; and,

3. A charter school may submit as part of its school improvement plan a request to waive the requirement to implement a corrective action. The waiver request must include information that demonstrates that the school is likely to improve a letter grade if additional time is provided to implement the strategies included in the school improvement plan.

(5) No change.

(6) Corrective Actions.

(a) through (b) No change.

(c) A charter school is no longer required to implement a corrective action if it improves to a “C” or higher by at least one (1) letter grade, but must continue to implement the strategies identified in the school improvement plan.

(d) A charter school implementing a corrective action that does not improve to a “C” or higher by at least one (1) letter grade after two (2) full school years of implementation must select a different corrective action to be implemented in the next school year unless the sponsor determines that the charter school is likely to improve a letter grade if additional time is provided.

(7) through (8) No change.

Rulemaking Authority 1002.33 FS. Law Implemented 1002.33(9) FS. History–New 8-21-12, Amended 10-22-13, 12-20-16,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Miller, Executive Director, Office of Independent Education and Parental Choice.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2017