To delete the term Differentiated Accountability (DA) from the rule and replace it with School Improvement (SI). It will also eliminate the state designation of Targeted Support and Improvement (TS&I) and classify a D or F school as Comprehensive ...  

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    DEPARTMENT OF EDUCATION

    State Board of Education

    RULE NO.:RULE TITLE:

    6A-1.099811Differentiated Accountability State System of School Improvement

    PURPOSE AND EFFECT: To delete the term Differentiated Accountability (DA) from the rule and replace it with School Improvement (SI). It will also eliminate the state designation of Targeted Support and Improvement (TS&I) and classify a D or F school as Comprehensive Support and Improvement (CS&I) per the state’s approved Every Student Succeeds Act (ESSA) Plan. Additionally, this rule requires districts to notify and receive approval from the state prior to the changing of a turnaround principal after plan approval. This amendment will add a form Principal Change Verification and revises incorporated forms. It will also add language that External Operator contracts shall include conditions of payment based on performance indicators and terminate or non-renew the contract should the EO fail to meet the performance indicators. The amendment also includes language setting forth the criteria to revoke an approved turnaround plan. Additionally, extraneous language around the approval and denial of plans is eliminated.

    SUMMARY: The proposed rule replaces the term Differentiated Accountability (DA) with School Improvement (SI); Eliminates the state designation of Target Support & Improvement (TS&I) and classifies all School Improvement schools as Comprehensive Support & Improvement (CS&I); Adds a form to notify and receive approval prior to the changing of a turnaround principal; Adds language that External Operator contracts shall include conditions of payment based on performance indicators; Adds language giving the State Board of Education the authorization to revoke an approved turnaround plan when the district fails to follow the approved turnaround plan, meet the requirements of the plan, and demonstrates an unlikeliness that the school will improve to a grade of at least a “C” during the course of the turnaround plan; and Revises incorporated forms used by school districts.

    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: It is anticipated that school districts will be able to implement the requirements of this rule with no additional costs. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the information provided in the statement of estimated regulatory costs.

    Any person who wishes to provide information regarding the 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.

    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(2)(n), 1008.33, FS.

    LAW IMPLEMENTED: 1001.42(18)(a) 1008.33, 1008.345, 1012.2315, FS.

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

    DATE AND TIME: September 20, 2019, 9:00 a.m.

    PLACE: KIPP Jacksonville, 1440 North McDuff Avenue, Jacksonville, FL 32254

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Melissa Ramsey, Executive Director, Bureau of School Improvement, 325 West Gaines Street, Suite 1502, Tallahassee, FL 32399, (850)245-0841 or Melissa.Ramsey@fldoe.org.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    6A-1.099811School Improvement Differentiated Accountability State System of Support for Deficient and Failing Schools School Improvement.

    (1) Purpose. The purpose of this rule is to set forth the School Improvement (SI) Differentiated Accountability (DA) State System of Support for Deficient and Failing Schools School Improvement pursuant to section 1008.33, F.S., by establishing differentiated intervention and support strategies for traditional public schools, delineating the responsibilities of the school, district and Department of Education (Department), setting timelines for intervention and support strategies, prescribing reporting requirements to review and monitor progress of schools, and setting forth submission and approval criteria for turnaround implementation plans.

    (2) Definitions. The following definitions, listed alphabetically, shall be used in this rule and incorporated documents:

    (a) “Classroom walkthrough” means an observation of classroom activities by SI DA Regional Team members, district staff and school staff to gather data and provide feedback to instructional personnel and administrators to inform instructional practices for improved student achievement.

    (b) through (d) No change.

    (e) “Comprehensive Support and Improvement school” or “CS&I” means any school that earns a grade of “D” or “F” or any school that two (2) consecutive grades of “D,” a single grade of “F,” or has a graduation rate of sixty-seven (67) percent or less in the most recently released school grades pursuant to rule 6A-1.09981, F.A.C., School and District Accountability.

    (f) “Differentiated Accountability” or “DA” means the system set forth pursuant to section 1008.33, F.S., in which the state provides support and interventions of escalating intensity to low-performing schools in order to improve and sustain performance of all student subgroups, and holds districts accountable for improving the academic achievement of all students and turning around low-performing schools.

    (g) “Differentiated Accountability schools” or “DA schools” means public schools identified for support and intervention by the Department because the schools earned a single grade of D, two (2) consecutive grades of D, a single grade of F or produced a graduation rate of sixty-seven (67) percent or less.

    (h) “Differentiated Accountability Regional Team” means the staff assigned by the Department to provide assistance to schools and districts located in one (1) of four (4) geographic regions.

    (f)(i) “Direct instructional support” means support provided by a district curriculum or content area specialist who visits the school frequently to provide onsite, job-embedded professional development and support to classroom instructional personnel.

    (g)(j) “District leadership team” means the team that includes the superintendent and district leadership. This may include those in charge of curriculum; general and special education; student services; human resources; professional development; and other areas relevant to school improvement. The district-based leadership team shall develop and implement the district-managed turnaround option plan.

    (h)(k) “District Strategic Plan” means a district-level plan, which includes strategies for improving school performance and increasing student achievement and demonstrates how resources are aligned to ensure schools demonstrating the greatest need receive the highest percentage of resources.

    (i)(l)Early warning system” or “EWS” is a system used in any school that serves students in kindergarten through grade eight used to identify students who need additional support to improve academic performance and stay engaged in school pursuant to section 1001.42(18), F.S.

    (j)(m) “Educational emergency” exists in a school district if one or more of the schools in the district have a school grade of “D” or “F” pursuant to section 1001.42(21), F.S. A district with SI DA schools shall negotiate special provisions of its contract with the appropriate bargaining unit to free schools from contract restrictions that limit the schools ability to implement programs and strategies needed to improve student performance.

    (k)(n) “Graduation rate” means the percentage of students who earned a standard diploma within four (4) years of their first full year of enrollment in ninth grade in the state as determined by subsection 6A-1.09981(4), F.A.C., School and District Accountability.

    (l)(o) “Increased learning time” means lengthening the school day, week, or year; providing before school, after school, Saturday or summer school programs to allow additional time for instruction in core academic subjects; providing enrichment activities that contribute to a well-rounded education; and allowing time for teacher collaboration, planning and professional development.

    (m)(p) “Instructional coach” means a staff member with a proven record of effectiveness in a specific subject area who has knowledge of adult learning to build capacity through coaching cycles in the development and modeling of effective lessons, analysis of data, and providing professional development and ongoing feedback.

    (n)(q) “Instructional Review” or “IR” means the continuous process used by the SI DA Regional Team, in collaboration with school and district leadership teams, to review a school’s performance data trends, conduct classroom walkthroughs, assist with development of coaching plans and review school improvement plan(s) to address opportunities for improvement.

    (o)(r) “Memorandum of Understanding” or “MOU” means an agreement with the school district and bargaining unit pursuant to section 1001.42(21), F.S. to be negotiated that addresses the selection, placement and expectations of instructional personnel. The MOU must be provided to the Department by September 1, after the issuance of the SI DA school’s grade, pursuant to section 1008.33(4)(a), F.S.

    (p)(s) “Multi-Tiered System of Supports” or “MTSS” means the system utilizing the problem-solving process to identify and support student needs based upon the available data. The data used in the process may include, but is not limited to, attendance, behavior/discipline, statewide assessment and progress monitoring assessment data.

    (q)(t) “Needs Assessment” means a systematic process that includes a thorough analysis of available state, district and school level trend data to determine priorities, address needs or gaps and allocate resources between current conditions and desired state.

    (r)(u) “Planning and Problem Solving” refers to a cycle of continuous improvement that allows stakeholder groups to engage in the formation of a strategic goal(s) and then develop implementation and monitoring plans.

    (s)(v) “Progress monitoring” means the continuous review of assessments that inform educators about ongoing student progress for mastery of Florida’s grade level standards in mathematics, English Language Arts (ELA), science and social studies.

    (t)(w) “Progress Monitoring Data Review” or “PMDR” is a quarterly survey used to gather instructional personnel and student data to inform state, district and school leaders about professional capacity and school climate as related to student achievement.

    (u)(x) “Regional Executive Director” or “RED” means the person who leads the SI DA Regional Team to support and monitor district and school improvement efforts.

    (v)(y) “School Advisory Council” or “SAC” means an advisory council for each school established by the district school board pursuant to section 1001.452, F.S.

    (w) “School Improvement” or “SI” means the system set forth pursuant to section 1008.33, F.S., in which the state provides support and interventions of escalating intensity to low-performing schools in order to improve and sustain performance of all student subgroups, and holds districts accountable for improving the academic achievement of all students and turning around low-performing schools.

    (x)(z) “School Improvement Plan” or  “Schoolwide Improvement Plan” or “SIP” means a fluid plan developed by school leadership and approved by the SAC and district to guide school improvement planning, problem solving and implementation processes by coordinating strategies and resources that will lead to increased student achievement.

    (y) “School Improvement Regional Team” means the staff assigned by the Department to provide assistance to schools and districts located in one (1) of four (4) geographic regions.

    (z) “School Improvement Schools” or “SI schools” means graded public schools identified for support and intervention by the Department because the schools earned a grade of “D”, a grade of “F” or produced a graduation rate of sixty-seven (67) percent or less.

    (aa) “Targeted Support and Improvement school” or “TS&I” is any school that receives a single grade of “D” in the most recently released school grades and that did not earn a grade lower than a “C” in the previous year.

    (aa)(bb) “Turnaround Option Plan” or “TOP” means a district-level plan to implement one of four turnaround options in a school: District-managed turnaround, Reassignment/ Closure, Charter School and Outside Entity/ External Operator as described in section 1008.33, F.S.

    (bb)(cc) “Value-added model” or “VAM” means a statistical model used for the purpose of determining an individual teacher’s contribution to student learning, as established by rule 6A-5.0411, F.A.C. The three-year aggregated state VAM files includes instructional personnel with one to three years of state VAM data.

    (3) School Improvement (SI) Tiers of Support. Differentiated Accountability (DA) Categories. All SI schools are in need of support and intervention from the school district and the Department and are provided this within the context of a three-tiered system. A DA school shall be categorized by the Department for Targeted Support and Improvement or Comprehensive Support and Improvement based upon the most recently released school grade or graduation rate established under rule 6A-1.09981, F.A.C.

    (a) A Tier 1 SI school is any school that earns a single grade of “D” or has a graduation rate of sixty-seven (67) percent or less. Targeted Support and Improvement schools (TS&I) are schools that earn a single grade of “D” and that did not earn a grade lower than a C in the previous year. These schools are low performing and require support and intervention from the district and the Department. 

    (b) A Tier 2 SI school is any school that earns a single grade of “F” or a school that earns consecutive low-performing grades and is in the first cycle of turnaround. Comprehensive Support and Improvement schools (CS&I) are schools that earn two consecutive grades of “D,” a single grade of “F” or produce a graduation rate of sixty-seven (67) percent or less. These schools are the lowest performing in the state and require increased support and intervention from the district and the Department.

    (c) A Tier 3 SI school is any school that has completed one or more cycles of turnaround and has not improved its grade to at least a “C.”

    (4) SI DA Notification. In order to assist school districts with support and interventions for SI DA schools, the Department shall:

    (a) Prior to the start of each school year, publish a list when school grades are released to notify school districts of any SI DA schools in the district;

    (b) Provide notice of the Tier of Support for the SI school and notice of CS&I status;

    (c)(b) Provide districts with state Value-added Model (VAM) data on instructional personnel in August of each year, which includes the three-year aggregated state VAM file; and

    (d)(c) Provide districts with student assessment, and school grade, and graduation rate data annually.

    (5) Support Strategies for SI DA schools.

    (a) Districts with a SI DA school must coordinate with the Department, the Regional Executive Director or designee and the DA school to identify and implement tailored support and improvement strategies designed to address low performance at the DA school.

    (b) The support and improvement strategies that must be considered by a district that has any SI DA school to improve student performance are to:

    1. through 2. No change.

    3. Staff the SI DA school so that the percentage of instructional personnel with a state VAM rating of Effective or Highly Effective, based upon the most recent three-year aggregated state VAM data, is the same or greater than:

    a. through b. No change.

    4. Staff the school with a principal and school leadership who have a successful record of leading a turnaround school and who have the qualifications to support the student population at the assigned SI DA school; and

    5. Implement other school improvement strategies recommended by the RED that are designed to lead to school improvement in SI DA schools.

    (c) The support and improvement strategies that must be implemented by a district that has any SI DA school to improve student performance are to:

    1. through 2. No change.

    3. Ensure that common planning time occurs at the SI DA school; and

    4. Use the Principal Change Verification form to notify and receive approval from the Department prior to replacing a principal at a turnaround school; and

    5.4. Collaborate with the Department and the SI DA school to develop a school improvement plan that implements strategies and utilizes resources designed to lead to increased student achievement.

    (d) The district shall utilize form SI-1 DA-1 to document support and intervention strategies.

    (e) The DA school shall utilize form SI-2 DA-2 and the School Improvement Plan (Form SIP-1) to document and guide school improvement planning, problem solving and implementation processes.

    (6) Turnaround Plan Types.

    (a) Turnaround plans are two-year district improvement plans that are required for a school that earns two (2) consecutive grades of “D” or a single grade of “F”. All turnaround plans must be designed to improve a SI DA school’s grade to a “C” or better within two (2) school years.

    (b) The four (4) turnaround plan types are:

    1. District-managed turnaround plan (DMT). DMT is the option through which the school district manages the two-year turnaround plan at the DA school;

    2. Reassignment and Closure turnaround plan (RC). RC is the option through which the district closes the DA school, reassigns students to a “C” or higher graded school(s) and monitors the progress of those students;

    3. Charter School turnaround plan (CH). CH is the option through which the district contracts with a charter school with a record of effectiveness to operate the SI DA school; and

    4. External Operator/Outside Entity turnaround plan (EO). EO is the option through which the district contracts with an outside entity that has a record of effectiveness to operate the SI DA school.

    (7) Turnaround Plan Steps. All turnaround plans must be completed by the district in collaboration with the Department. There are two (2) steps in the development of a turnaround plan.

    (a) Step one requires the district to engage stakeholders in planning for the development of the turnaround plan by:

    1. Identifying the causes for low performance with stakeholders and making recommendations for improvement at the SI DA school;

    2. through 4. No change.

    (b) No change.

    (c) After the approval of a district’s turnaround plan by the State Board of Education, the district shall utilize the Principal Change Verification Form to notify and receive approval from the Department prior to replacing a principal at a turnaround school.

    (8) No change.

    (9) Reassignment/Closure (RC).

    (a) RC-Step One. The district must meet and document the requirements set forth in paragraph (7)(a) of this rule and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options:

    1. Ensure that the students from the closed school are assigned to school(s) with a grade of “C” or higher;

    2. Ensure that students from the closed school are not assigned to instructional personnel who are rated as Unsatisfactory or Needs Improvement based upon both the three-year aggregated state VAM ratings, if applicable, and the district evaluation system;

    3. Ensure that the district will monitor for three (3) school years on a quarterly basis the following: student attendance, grade and progress monitoring data, the extended learning opportunities and coaching provided to students to address deficiencies, as well as all instructional personnel assigned to the students and their state VAM rating;

    4. Ensure that instructional personnel from the closed school who are rated as Unsatisfactory or Needs Improvement based upon the three-year aggregated state VAM ratings are not reassigned to other SI DA schools within the district for the upcoming school year; and

    5. Ensure that administrators from the closed school are not reassigned to other SI DA schools within the district for the upcoming school year.

    (b) RC-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan–Step 2, TOP-2, Reassignment/Closure.

    1. Describe how the district will ensure that the students from the closed school are assigned to a school with a grade of “C” or higher;

    2. Describe how the district will ensure that students from the closed school are not assigned to instructional personnel who are rated as Unsatisfactory or Needs Improvement based upon both the three-year aggregated state VAM rating, if applicable, and the district evaluation system;

    3. Describe how the district will ensure that extended learning opportunities and coaching are provided to students to address deficiencies, and that student attendance, grade, and progress monitoring data, as well as all instructional personnel assigned to the student and their state VAM rating, will be monitored for the students from the closed school for three (3) school years on a quarterly basis;

    4. Describe how the district will ensure that instructional personnel rated as Unsatisfactory or Needs Improvement based upon the three-year aggregated state VAM rating are not reassigned to other DA schools for the upcoming school year; and

    5. Describe how the district will ensure that administrators are not reassigned to other SI DA schools within the district for the upcoming school year.

    (10) Charter School (CH).

    (a) CH-Step One. The district must meet and document the requirements set forth in paragraph (7)(a) of this rule, and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options.

    1. Ensure the district closes the school and reopens it as a charter or multiple charter schools;

    2. Ensure the district enters into a contract with a charter or multiple charters that have a record of turning around a high-poverty school serving low-performing students with similar demographics or a charter school with a record of high performance; and

    3. Ensure that instructional personnel who are rated as Unsatisfactory or Needs Improvement based upon both the three-year aggregated state VAM ratings, if applicable, and the district’s evaluation system, do not serve as instructional personnel at the school.

    (b) CH-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan–Step 2, TOP-2, Charter.

    1. Describe how the district will ensure that the school will close and reopen it as a charter or multiple charters;

    2. Describe how the district will ensure it enters into a contract with a charter organization following established district policy and procedures;

    3. Describe how the district will ensure selection of a charter organization that has a record of turning around a high-poverty school serving low-performing students who have similar demographics or a charter school with a record of high performance; and

    4. Describe how the district will ensure that instructional personnel rated as Unsatisfactory or Needs Improvement based upon both the three-year aggregated state VAM rating, if applicable, and the district evaluation system are not staffed at the school for the upcoming school year.

    (c) The district shall submit to the Department for Cycle Two, Cycle Three and Cycle Four schools as described in subsection (12) of this rule, an executed contract with the charter operator no later than May 1, prior to the implementation of the turnaround plan.

    (11) External Operator/Outside Entity (EO).

    (a) EO-Step One. The district must meet and document the requirements set forth in paragraph (7)(a) of this rule, and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options.

    1. through 4. No change.

    5. Ensure that the district will enter into an annual a contract with the EO to operate the school following established district policies and procedures and that the contract with an EO will include:

    a. Performance indicators to demonstrate that during the term of the contract there will be quantifiable evidence of improvement showing that the school is on track to earn at least a “C” grade within two (2) years and that ties payment to such improvement;

    b. The district’s authority to terminate or non-renew the contract for a second year should the EO fail to meet the performance indicators or fail to meet its contractual obligations;

    c.a. Services and responsibilities for leadership and instructional staffing, curriculum and instruction, assessments, progress monitoring and professional development;

    d.b. EO’s record of school improvement and its role in recruitment, selection and placement of instructional personnel and the school leadership team;

    e.c. Where the district has an existing contract with the EO, a detailed provision outlining the new or modified services to be provided by the EO; and

    f.d. A detailed budget with conditions of payment based on performance indicators, including a deferred payment of the final installment of thirty-three (33) percent of the contracted amount until delivery of agreed upon improvement and outcomes. The contract must include a provision where the final thirty-three (33) percent of the contract value may not be paid until and unless the EO demonstrates that the school has achieved at least a “C” grade or that the school has improved by at least four (4) school grade percentage points overall. 

    (b) EO-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan–Step 2, TOP-2.

    1. through 4. No change.

    5. Describe how the district will enter into an annual a contract with the EO to operate the school following established district policies and procedures and describe the state of contract negotiations with an EO that addresses:

    a. Performance indicators to demonstrate that during the term of the contract there will be quantifiable evidence of improvement showing that the school is on track to earn at least a “C” grade within two (2) years and that ties payment to such improvement;

    b. The district’s authority to terminate or non-renew the contract for a second year should the EO fail to meet the performance indicators or fail to meet its contractual obligations;

    c.a. Services and responsibilities in leadership and instructional staffing, curriculum and instruction, assessments, progress monitoring and professional development;

    d.b. The EO’s role in recruitment, selection and placement of instructional personnel and the school leadership team;

    e.c. Where the district has an existing contract with the EO, a detailed provision outlining the new or modified services to be provided by the EO; and

    f.d. A detailed budget with conditions of payment based on performance indicators, including a deferred payment of the final installment of thirty-three (33) percent of the contracted amount until delivery of agreed upon improvement and outcomes. The contract must include a provision where the final thirty-three (33) percent of the contract value may not be paid until and unless the EO demonstrates that the school has achieved at least a “C” grade or that the school has improved by at least four (4) school grade percentage points overall.

    (c) The district shall submit to the Department for Cycle Two, Cycle Three and Cycle Four schools, an executed performance contract with the EO no later than May 1, prior to the implementation of the turnaround plan.

    (12) DA Timeline. The timeline for submission of the DA forms and contracts to the Department are based upon a school’s cycle, which refers to the number of times a district has consecutively implemented a turnaround plan at the DA school. The deadlines the district must meet are set forth below.

    (a) Turnaround schools in Cycle One:

    1. TOP-1 due September 1 after the school grade requiring turnaround is issued; and

    2. TOP-2 due October 1 of the same school year.

    (b) Turnaround schools in Cycle Two, Cycle Three and Cycle Four:

    1. TOP-1 due November 1 of the school year prior to implementation;

    2. TOP-2 due January 31 of the school year prior to implementation; and

    3. Executed annual contract with an EO or CH due May 1, prior to the school year of implementation of the turnaround plan.

    (c) Principal Change Verification Form due at least ten (10) days prior to the proposed date of the change in leadership.

    (13) State Board Approval of District Turnaround Plans. The State Board of Education is authorized to approve, approve with conditions or deny a district turnaround plan for a DA school.

    (a) When considering whether to approve a turnaround plan, tThe State Board shall consider, at a minimum, the following factors:

    1. through 5. No change.

    (b) No change.

    (14) Revocation of an Approved Turnaround Plan.

    (a) The State Board is authorized to revoke a turnaround plan when:

    1. A district has failed to follow the terms of its approved turnaround plan or meet the requirements for such plans, as set forth in subsections (8) through (11) of this rule; and

    2. It is unlikely the school will improve to a grade of at least a “C” during the remainder of the implementation of the two-year turnaround plan.

    (b) Prior to revocation, the State Board shall consider, at a minimum, any curative action taken or proposed by the district and the feasibility of an amended plan to improve student performance during the remainder of the approval period.

    (c) A school district shall be afforded written notice at least seven (7) days before the matter will be considered by the State Board.

    (d) Upon revocation, a district shall be afforded no less than twenty (20) days to submit a revised turnaround plan to the State Board.

    (15)(14) Exiting School Improvement DA. In order to exit SI DA, a school must meet one of the following requirements:

    (a) When the school is categorized as a SI DA school based upon its grade, the school must earn a grade of at least a “C” or higher; or

    (b) When the school is categorized as a SI DA school solely based upon its graduation rate, the school must achieve a graduation rate that exceeds sixty-seven (67) percent.

    (16)(15) Extension of a turnaround plan.

    (a) A district may request additional time to implement its turnaround plan if the following conditions are met:

    1. The request is received by the Department on or before November 1 of the year before the extension would be implemented on the form entitled TOP-1, 3-Options;

    2. The request demonstrates that the school has a positive trajectory using the school grade components listed in section 1008.34(3)(b), F.S;

    3. The request demonstrates that the SI DA school has no Unsatisfactory rated instructional personnel and the percentage of Needs Improvement instructional personnel must be at or below the district VAM average where the district has more than five (5) schools, or the state VAM average where the district has five (5) or fewer schools; and

    4. During the remainder of the implementation of the turnaround plan, the district agrees to staff the school without any Unsatisfactory rated instructional personnel and maintain or improve the school’s percentage of Needs Improvement rated instructional personnel from the percentage reported; and

    5. The request includes a description of the services that will be implemented to ensure the sustainability of improvement in the next year and beyond.

    (b) The State Board of Education is authorized to approve, conditionally approve or deny the request.

    (b)(c) The State Board of Education shall approve a district’s request for additional time to implement its turnaround plan when a school district:

    1. Meets the requirements set forth in paragraph (16)(15)(a) of this rule; and

    2. The State Board determines that the school district has demonstrated that it is more likely than not that the school will improve to a grade of at least a “C” during an extended period of implementation of the turnaround plan.

    (17)(16) Failure to comply with the requirements of this rule will subject a district to the remedies provided in section 1008.32, F.S.

    (18)(17) Forms. The following forms are hereby incorporated by reference: Form SI-1 DA-1, Checklist for Districts with Graded Targeted Support and Improvement or Comprehensive Support and Improvement Schools (effective October 2019 August 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09640); Form SI-2 DA-2, Checklist for Graded Targeted Support and Improvement or Comprehensive Support and Improvement Schools (effective October 2019 August 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09641); Form Principal Change Verification (effective October 2019) (http://www.flrules.org/Gateway/reference.asp?No=); Form TOP-1, District-managed Turnaround Plan–Step 1 (effective August 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09642); Form TOP-2, District-managed Turnaround Plan–Step 2 (effective August 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09643); Form TOP-1, Turnaround Option Plan–Step 1, 3-Options (effective October 2019 August 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09644); Form TOP-2, Turnaround Option Plan–Step 2, Reassignment/Closure (effective October 2019 August 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09645); Form TOP-2, Turnaround Option Plan–Step 2, Charter (effective October 2019 August 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09646); Form TOP-2, Turnaround Option Plan–Step 2, External Operator/Outside Entity (effective October 2019 August 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09647); and Form SIP-1, Schoolwide Improvement Plan (SIP) (effective October 2019 December 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-04622). All forms may be obtained by contacting the Bureau of School Improvement, Division of Public Schools, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

    Rulemaking Authority 1001.02(2)(n), 1008.33 FS. Law Implemented 1001.42(18)(a), 1008.33, 1008.345, 1012.2315 FS. History–New 8-11-10, Amended 8-6-13, 12-23-14, 8-21-18,

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Melissa Ramsey, Executive Director, Bureau of School Improvement.

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Florida Department of Education.

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 20, 2019

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 30, 2019