The purpose of this new rule is to implement provisions of Section 1008.3415, Florida Statutes, concerning school accountability for ESE center schools.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.099828 School Accountability for Exceptional Student Education (ESE) Center Schools

PURPOSE AND EFFECT: The purpose of this new rule is to implement provisions of Section 1008.3415, Florida Statutes, concerning school accountability for ESE center schools.

SUMMARY: As required by Section 1008.3415, Florida Statutes, the rule establishes a definition of “ESE center school” for accountability purposes and addresses accountability processes for ESE centers, including applicable calculations for school improvement ratings as well as requirements for, and limitations on, crediting back scores for ESE center students to home schools in cases where ESE center schools elect a school improvement rating instead of a school grade.

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: 1) no requirement for SERC was triggered under Section 120.541(1), Florida Statutes, and; 2) based on past experiences with the school grade rule and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.

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: 1008.3415 FS.

LAW IMPLEMENTED: 1008.34, 1008.341, 1008.3415 FS.

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

DATE AND TIME: October 15, 2013, 9:00 a.m.

PLACE: Tampa, Florida (The physical location will be posted on the Department’s website no later than 14 days prior to the meeting at http://www.fldoe.org)

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Edward Croft, Bureau Chief, Accountability Reporting, Accountability, Research, and Measurement, 325 W. Gaines Street, Suite 1401, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.099828 School Accountability for Exceptional Student Education (ESE) Center Schools.

(1) Purpose. The purpose of this rule is to implement the requirements of Section 1008.3415, Florida Statutes.

(2) Definitions. The following definitions apply in this rule:

(a) “Emergent” means a student who scores at Level 1, 2 or 3 on the Florida Alternative Assessment as set out in Rule 6A-1.09430, F.A.C.

(b) “Exceptional Student Education (ESE) Center School” means, for accountability purposes, a school specifically designed to meet the needs of students with disabilities, that has a unique master school identification number assigned under Rule 6A-1.0014, F.A.C., and in which all students in attendance in grades K-12 are identified as students with a disability on student demographic records submitted by Florida school districts during the October (Survey 2) FTE reporting period as specified in Rule 6A-1.0451, F.A.C.; and a separate day school as defined in Rule 6A-6.0311, F.A.C., where all students in attendance in K-12 are students with disabilities as indicated in Section 1007.02(2), F.S.

(c) “Home school” means the school in which the student would be enrolled if not enrolled in the ESE center school.

(3) ESE Center School List.

(a) Annually, the Department of Education will provide each district with a list of schools identified as ESE center schools.

(b) Prior to calculation of school improvement ratings under Rule 6A-1.09981, F.A.C., and school grades under Rule 6A-1.09981, F.A.C., school districts will be provided the opportunity to submit additions to and deletions from the ESE center school list. Documentation required to make an addition or deletion to the list shall include, at a minimum:

1. Statement of the current mission of the school;

2. Description of the targeted student population;

3. Explanation of enrollment procedures; and

4. Verification by the superintendent that the school meets the criteria for ESE center schools described in paragraph (2)(b) of this rule.

(4) An ESE center school shall have the option of earning a school grade, pursuant to Section 1008.34, F.S., and Rule 6A-1.09981, F.A.C., or a school improvement rating, pursuant to Section 1008.341, F.S., and Rule 6A-1.099822, F.A. C.

(5) An ESE center school’s grade or school improvement rating shall be calculated by the Department of Education based upon the statutes and rules noted in subsection (4) of this rule except for the following: the achievement scores and learning gains of a student who has not been enrolled in a public school within the district other than an ESE center school for grades K-12 shall not be included in the calculation of the home school’s grade if the student scores as emergent.

(6) School districts shall annually report to the Department of Education during student membership survey 3 as specified in Rule 6A-1.0451, F.A.C., the home school of each student enrolled in an ESE center school.

Rulemaking Authority 1001.02(1), (2), 1008.4315 FS. Law Implemented 1008.34, 1008.341, 1008.3415 FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jane Fletcher, Interim Deputy Commissioner, Accountability, Research, and Measurement

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 11, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 29, 2013