The purpose of this rule amendment is to revise the timeline for a waiver of termination. The effect will be a rule aligned with Florida Statutes.

 

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 purpose of this rule amendment is to revise the timeline for a waiver of termination. The effect will be a rule aligned with Florida Statutes.

SUMMARY: Charter Schools that receive two consecutive grades of “F” must be terminated, unless they meet one of the two exceptions or are granted a waiver by the State Board of Education. This rule amendment revises the timeline to request a waiver.

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: This rule revision changes a timeframe to conform with a recent statutory amendment.

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(27) FS.

LAW IMPLEMENTED: 1002.33 FS.

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

DATE AND TIME: September 17, 2013, 9:00 a.m.

PLACE: Forest Hill Community High School, 6901 Parker Avenue, West Palm Beach, FL 33405

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Miller, Interim Executive Director, Office of Independent Education and Parental Choice, 325 W Gaines Street, Suite 1044, Tallahassee, Florida 32399-0400, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) through (7) No change.

(8) Waivers of Termination.

(a) The State Board of Education may waive termination for a charter school that has received two (2) consecutive grades of “F” if the charter school demonstrates that the learning gains of its students on statewide assessments are comparable to or better than the learning gains of similarly situated students enrolled in nearby district public schools. The waiver is valid for one (1) year and may only be granted once.

(b) No later than fifteen (15) thirty (30) days after the Department’s official release completion of school grades appeals, the governing board of a charter school that has received two (2) consecutive grades of “F” may submit a request to the State Board of Education for a waiver of termination. Charter schools that have been in operation for more than five (5) years are not eligible for a waiver.

(c) through (i) No change.

Rulemaking Authority 1002.33 FS. Law Implemented 1002.33(9) FS. History–New 8-21-12, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Miller, Interim 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 9, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 31, 2013