The purpose of this amendment is to update language, such as references to state academic standards and website addresses that are no longer operational; revise rule language and forms to reflect legislative changes during the 2014 session; modify ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.099811Differentiated Accountability State System of School Improvement

PURPOSE AND EFFECT: The purpose of this amendment is to update language, such as references to state academic standards and website addresses that are no longer operational; revise rule language and forms to reflect legislative changes during the 2014 session; modify terminology used to describe the “Planning” and “Implementing” years for Focus and Priority schools for purposes of clarity; and simplify the timeline for districts with schools planning for implementation of a turnaround option. The effect of this proposal will be a rule that is better aligned with the requirements set forth in statute, provides greater clarity around the turnaround statuses and exit criteria, and produces a turnaround planning timeline that allows districts to more authentically engage in the school improvement process.

SUMMARY: The proposed rule distinguishes “Differentiated Accountability (DA) category” (i.e., Focus and Priority), which is based solely on the most recent school grade, from the “turnaround status” (i.e., Planning and Implementing), which is based on a two to three year grades history; modifies language to include any three consecutive grades below C, in addition to two consecutive grades of F, as the basis for turnaround implementation; requires implementation to continue until the school grade improves to a C or higher; adds structure and additional details to clarify expectations of districts; consolidates Phases 2 and 3 of the Turnaround Option Plan, allowing for a more streamlined submission process; reorganizes paragraphs describing the turnaround planning and implementation processes for better flow; revises incorporated forms used by school districts to align with state statute and the proposed rule, streamline for readability and user-friendliness, and reduce duplication with requirements of other department forms.

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 been prepared by the Agency.

As noted in the SERC, the turnaround options available to a district to address a failing school remain unchanged. Further, the strategies to address failing schools remain largely unchanged from prior rule, except that the proposal provides more flexibility to school districts, acting in concert with the department, to improve failing schools. As such, it is not anticipated that the proposal will increase regulatory costs. Moreover, to assist school districts with costs associated with the school improvement process outlined in this rule, districts have funds available from School Improvement Grants. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.

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(1), 1008.33(6) FS.

LAW IMPLEMENTED: 1008.33 FS.

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

DATE AND TIME: September 29, 2014, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sam Foerster, Deputy Chancellor of Student Achievement and School Improvement, 325 West Gaines Street, Suite 1502, Tallahassee, FL 32399, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.099811 Differentiated Accountability State System of School Improvement.

(1) No change.

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

(a) “8-Step Planning and Problem Solving” or “8SPPS” refers to a cycle of continuous improvement that stakeholder groups engage in to identify barriers to implementation of a strategic goal and then develop implementation and monitoring plans to eliminate or reduce said barriers. The process is delineated in Form SIP-1 and Form DIAP-1.

(b)(a) “Annual Measurable Objectives” or “AMOs” mean the yearly targets established for each subgroup, to include American Indian, Asian, black, Hispanic, white, English language learners, students with disabilities, economically disadvantaged, and all students, calculated at the school, district, and state levels, to show whether the subgroup is making enough progress in the current year to be on track to reduce its percentage of non-proficient students in reading and math by half by 2016-17 (using 2010-11 as the baseline year). For the purposes of this definition, non-proficient means scoring at level 1 or 2 on FCAT 2.0, or the equivalent level on the Florida Standards Assessment (FSA), and end-of-course (EOC) assessments, or scoring at level 3 or lower on the Florida Alternate Assessment (FAA), pursuant to Rule 6A-1.09981, F.A.C.

(c)(b) “Coaching” means serving as an instructional resource in a school to generate improvement in student achievement by improving the quality of instruction through professional development support to teachers in their respective content areas, as needed, based on an analysis of student performance and observational data.

(d)(c) “Classroom walkthrough” means, for the purposes of DA, a brief, informal observation of classroom activities by DA Regional Team members, district, and school staff to gather data and provide feedback to teachers and administrators to inform instructional practices for improved student achievement. These data shall not be tied to individual teachers or used in teacher evaluations.

(e)(d) “Common planning time” means the time provided to grade-level teachers at the elementary level and subject-area teachers at the secondary level to meet together, within and across grades and subjects, for data-based decision making, problem-solving, lesson study, and professional development on Florida’s standards Common Core State Standards (CCSS), Next Generation Sunshine State Standards (NGSSS), and lesson study.

(f)(e) “Data chats” means the process of administrators and teachers meeting to discuss assessment results in order to establish student goals. Students may or may not be present in these discussions.

(g)(f) “Differentiated Accountability Regional Team” means the staff assigned by the Department to provide assistance to schools and districts located in one (1) of five (5) geographic regions.

(h)(g) “Differentiated Accountability State System of School Improvement,” “Differentiated Accountability,” and “DA” mean the system set forth by Section 1008.33, Florida Statutes, 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.

(i)(h) “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 teachers.

(j)(i) “District Improvement and Assistance Plan” or “DIAP” means a district-level plan, submitted to the Department, 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 (Form DIAP-1, District Improvement and Assistance Plan).

(k)(j) “Florida’s Continuous Improvement Model” or “FCIM” is a process by which quality is improved over time by examining results and the processes that generate those results and employing problem-solving skills to generate and implement targeted improvements.

(l)(k) “Focus school” means any school that receives a grade of “D.”

(l) “Former F school” means any school that earned a grade of “F” within the past three (3) years but has since improved its grade.

(m) No change.

(n) “Instructional coach” means a staff member who serves in the expressed capacity of coaching instructional staff, as defined in paragraph (2)(c)(b) of this rule.

(o) through (v) No change.

(w) “Response to Instruction/Intervention” or “RtTI” means the multi-tiered practice of providing high quality instruction and intervention matched to student needs using learning rate over time and level of performance to make important instructional decisions.

(x) “Specific, measurable, achievable, relevant and time-bound goals” or “SMART goals” means the numeric data targets to be accomplished by successfully reaching a strategic goal in a school or district plan.

(y)(x) “Turnaround Option Plan” or “TOP” means a district-level plan to implement one (1) of five (5) turnaround options in a school, pursuant to subsection (6) of this rule.

(3) through e. No change.

f. The Department shall review the Sschool Iimprovement Pplan (SIP) pursuant to Section 1001.42(18)(a), Florida Statutes, and may conduct visits to monitor the fidelity of the plan’s implementation.

2. No change.

(4) Focus schools.

(a) Year one Focus schools are those that declined to a grade of “D” in the most recent grades release. For these schools the district shall:

1. Collaborate with the school and DA Regional Team to develop a SIP to align the progress monitoring assessment data to new targets and strategies using an online survey Form SIP-1, which must be submitted at https://www.floridacims.org http://www.flbsi.org/. Form SIP-1, incorporated in this rule, provides the outline for the online survey.

2. Demonstrate fulfillment of Submit required district- and school-level deliverables as described in Forms DA-1 and DA-2, including the District Improvement and Assistance Plan (DIAP), using Form DIAP-1, which must be submitted through an online survey at https://www.floridacims.org http://www.flbsi.org. Form DIAP-1, incorporated in this rule, provides the outline for the online survey.

(b) Year-two Focus-Planning schools are those that previously earned two (2) consecutive a grades of “D” (i.e., “DD”), or a single grade of “F” immediately followed by a grade of “D” (i.e. “FD”) in the most recent grades release. Year-two Focus is a turnaround planning school year. For these schools the district shall:

1. Fulfill requirements of subparagraphs (4)(a)1.-2. of this rule.

2. Select a turnaround option from those listed in subsection (6) of this rule. The selected option shall be submitted through an online survey at https://www.floridacims.org. on Form TOP-1, incorporated in this rule, provides the outline for the online survey: Turnaround Option Selection (Phase 1), which must be submitted http://www.flbsi.org.

3. Submit a Turnaround Option Plan (TOP) for State Board of Education approval.

a. The plan must be developed with Department input and submitted through an online survey at https://www.floridacims.org. on Form TOP-2, incorporated in this rule, provides the outline for the online survey: Turnaround Option Plan- Phases 2 & 3, which must be submitted at http://www.flbsi.org.

b. Districts that receive a second planning year for a Focus-Planning school that improved from an “F” to a “D” shall re-engage stakeholders in the needs assessment process pursuant to the requirements of Form TOP-1, and use current information to update and refine the original plan pursuant to the requirements of Form TOP-2.

c. The district will not be required to implement its TOP if the next school grade improves in the planning year.

(c) Year-three Focus-Implementing schools are those that earned a third consecutive grade below “C” with a of “D” or an “F” immediately followed by two (2) consecutive grades of “D” in the most recent grades release (i.e., “FFD,” “DFD,” “FDD” or “DDD”). The year-three Focus school year begins the turnaround implementation period. For these schools the district shall must:

1. Fulfill requirements of subparagraphs (4)(a)1.-2. of this rule.

2. Fully implement the State Board of Education-approved TOP. The district will not be required to continue implementation of its TOP if the next school grade improves in the first implementation year

(d) In order to exit the Focus category, a school must improve its letter grade.

(5) Priority schools.

(a) Priority-Planning schools are those that declined to earned a grade of “F” in the most recent grades release and have not. The Priority school year is a turnaround planning year, unless the school already received a planning year or implemented a turnaround option during within the previous two (2) school years pursuant to paragraph (5)(c) of this rule, and except for schools required to implement a new turnaround option pursuant to paragraph (7)(d) of this rule. For these schools entering a planning year, the district shall:

1. fFulfill requirements of sub-subparagraphs (4)(b) (a)1.-3.a. 2. of this rule.

2. Select a turnaround option from those listed in subsection (6) of this rule. The selected option shall be submitted on Form TOP-1: Turnaround Option Selection (Phase 1), which must be submitted at http://www.flbsi.org.

3. Submit a TOP for State Board of Education approval.

a. The plan must be developed with Department input and submitted on Form TOP-2: Turnaround Option Plan- Phases 2 & 3, which must be submitted at http://www.flbsi.org.

b. The district will not be required to implement its TOP if the school grade improves in the planning year.

(b) Priority-Implementing schools are those that earned two consecutive grades of “F” in the most recent grades release (i.e., “FF”), or a third consecutive grade below “C” with an “F” in the most recent grades release (i.e., “FDF” or “DDF”). The school year immediately following the planning year begins the turnaround implementation period for Priority schools that do not improve their grade in the planning year. For these schools, the district shall: must

1. Fulfill requirements of subparagraphs (4)(a)1.-2. of this rule.

2. Ffully implement the State Board of Education-approved TOP. The district will not be required to continue implementation of its TOP if the school grade improves to a “C” or higher.

(c) A school that earns a grade of “F” within two (2) years of raising its grade from an “F” must implement one (1) of the turnaround options pursuant to Section 1008.33(4)(b)2., 5., Florida Statutes, at the start of the subsequent school year.

(c)(d) In order to exit the Priority category, a school must improve its letter grade. In the year immediately following the improvement from an “F,” a former F school must continue to refine and submit its turnaround plan pursuant to subsection (7) of this rule; this requirement is in preparation for the possibility that the school grade returns to a grade of “F” in the subsequent year, compelling the school to implement a turnaround option, pursuant to paragraph (5)(c) of this rule. Additionally, a Former F

(d) To support continuous improvement of a school that improves from a grade of “F” to a “C” or higher, the Department shall monitor sustain for three (3) years the implementation of activities and strategies and progress toward goals outlined in the SIP that contributed to its improvement, which shall be monitored by the Department.

(6) Turnaround options are as follows:

(a) District-managed Turnaround (DMT): The district develops and manages the implementation of the turnaround plan at the Convert to a district-managed turnaround school;

(b) through (e) No change.

(7) Turnaround Option Plans. For each school required to plan for turnaround pursuant to paragraphs (4)(b), (5)(a), and (9)(b) (7)(d), turnaround plans shall be developed by the district in two (2) three phases according to the Department’s prescribed deadlines. Each year, the Department shall publish notice of the deadlines for each phase of turnaround plan submission. The notice shall allow a minimum of ninety (90) days after the school grade is posted for submission of phase one, and a minimum of sixty (60) days after the phase one deadline for submission of phase two, and require phase three upon the start of the school year in which turnaround implementation begins.

(a) Phase one – selection. Districts shall complete phase one by engaging the community in the needs assessment and selection of selecting a turnaround option documenting completion of the requirements of and submitting Form TOP-1 using the Department’s online survey at https://www.floridacims.org through the Department’s web site at http:www.flbsi.org.

(b) Phase two – planning for implementation. Districts shall complete phase two by developing a draft plan for implementing the selected option, submitting it to the RED for review and feedback, of the RED and submitting a completed plan using the Department’s Form TOP-2 online survey at https://www.floridacims.org for implementing the selected option using Form TOP-2. Form TOP-2 shall be submitted at http://www.flbsi.org and shall be approved or denied by the State Board of Education.

(c) Phase three – implementation. Phase three is required only for schools that do not improve the school grade and must implement the turnaround plan. Districts shall complete phase three by incorporating any revisions into Form TOP-2, which shall become the official turnaround plan on record, and by implementing the plan.

(d) If a school does not improve its grade following the second year of implementing a turnaround option, the school district must implement a different turnaround option at the beginning of the subsequent school year. The district does not receive an additional planning year, but must follow the requirements of paragraphs (7)(a)-(c) of this rule to develop the new plan during the second year of its current turnaround implementation.

(e) In the schools described in paragraph (7)(d) of this rule, the State Board of Education may grant additional time for the district to implement its current TOP, if the district demonstrates the school grade is likely to increase given more time. Using the forms and process outlined in paragraphs (7)(a)-(c) of this rule, the district may request additional time, and shall provide evidence of improvement under its current TOP, outline any changes in activities and strategies that will occur in the following year should additional time be granted, and assure timely implementation of an alternate turnaround option should the request be denied.

(8) The State Board of Education shall approve a turnaround option plan submitted under subsection paragraph (7)(b) when the plan:

(a) Iis submitted at https://www.floridacims.org on Form TOP-2;

(b) Fulfills addresses each of the requirements of Form TOP-1 and TOP-2 by describing the action the district has taken or plans to take to fulfill the requirements, the rationale for the action, and the data sources used to make decisions and monitor progress; and

(c) includes evidence of stakeholder engagement and community involvement during the turnaround option selection process;

(d) includes a timeline for the transition;

(e) includes research on the selected programs for all turnaround options, except closure;

(f) includes a listing of possible external partners, research on the selected external partners and copies of all correspondence with external partners, for the turnaround options of charter and external operator; and

(c)(g) Iis found by the Board to create the conditions to improve the school’s grade during the two-year implementation period.

(9)(a) A school implementing a turnaround plan shall continue to implement until it earns a grade of “C” or higher. The Department shall monitor implementation of the plan.

(b) If a school does not improve its letter grade to a “C” or higher following the second year of implementing a turnaround option, the district must implement a different turnaround option at the beginning of the subsequent school year. The district does not receive an additional planning year, but must follow the requirements of paragraphs (7)(a)-(b) of this rule to develop the new plan prior to the start of a third year of turnaround implementation.

(c) For schools described in paragraph (9)(b) of this rule, the State Board of Education may grant additional time for the district to implement its current TOP, if the district demonstrates the school grade is likely to increase given more time. Using the forms and process outlined in paragraphs (7)(a)-(b) of this rule, the district may request additional time, and shall provide evidence of improvement under its current TOP, outline any changes in activities and strategies that will occur in the following year should additional time be granted, and assure timely implementation of an alternate turnaround option should the request be denied.

(10)(9) Forms. The following forms are hereby incorporated by reference: Form DA-1, Checklist for Districts with Focus or Priority Schools (November 2014 August 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____03053); Form DA-2, Checklist for Focus and Priority Schools (November 2014 August 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-____03054); Form DIAP-1, District Improvement and Assistance Plan (November 2014 August 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____03055); Form SIP-1, School Improvement Plan (SIP) (November 2014 August 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____03056); Form TOP-1: Turnaround Option Plan- Selection (Phase 1) (November 2014 August 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____03057); Form TOP-2: Turnaround Option Plan – Phases 2 & 3 (November 2014 August 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____03058). All forms may be obtained by contacting the Bureau of School Improvement, K-12 Public Schools, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(11)(10) Failure to comply with the requirements of this rule will subject a district to the remedies provided in Section 1008.32, Florida Statutes.

Rulemaking Authority 1001.02(1), 1001.42(18)(a), 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,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sam Foerster, Deputy Chancellor of Student Achievement and School Improvement

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 25, 2014