The purpose of this rule amendment is to implement amended requirements of Section 1008.341, Florida Statutes, which include revising the percent-tested requirement to 80 percent for schools to qualify for a rating, limiting ratings to no higher ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.099822 School Improvement Rating for Alternative Schools.

PURPOSE AND EFFECT: The purpose of this rule amendment is to implement amended requirements of Section 1008.341, Florida Statutes, which include revising the percent-tested requirement to 80 percent for schools to qualify for a rating, limiting ratings to no higher than “maintaining” for schools that test less than 90 percent of eligible students, and applying high school retake scores in the calculation of school improvement ratings.

These revisions will be effective beginning in 2013-14.

SUMMARY: This rule implements requirements of Sections 1008.34 and 1008.341, Florida Statutes, concerning Florida’s school improvement ratings for alternative schools, including a description of criteria identifying alternative schools, each type of data that is used in calculating school improvement ratings, how school improvement ratings are calculated, and requirements for crediting back scores from students at alternative education centers to home schools in cases where the alternative school elects to receive 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: 1001.02, 1008.34, 1008.341 FS.

LAW IMPLEMENTED: 1008.34, 1008.341 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-1.099822 School Improvement Rating for Alternative Schools.

(1) through (4)(a) No change.

(b) As outlined in Section 1008.34(3)(c)(b)3., F.S., the following students are not included in the accountability calculations for alternative schools:

1. through 3. No change.

(5) Procedures for Calculating School Improvement Ratings for Alternative Schools. The school improvement ratings for alternative schools will be considered fully implemented with the following accountability elements:

(a) The school improvement rating shall be based on a comparison of student learning gains for the current year and previous year. The learning gains definition will be consistent with the learning gains definition for school grades defined in Rule 6A-1.09981, F.A.C. The school improvement rating shall be calculated for each alternative school that has chosen to be rated by this method and, to ensure statistical reliability of results in accordance with Section 1008.34(3)(a)1., F.S., has:

1. A minimum of ten (10) eligible students with valid FCAT 2.0 or FAA assessment scores in reading in the current and two previous years, including scores for students retaking state reading assessments in high school to meet graduation requirements; and

2. A minimum of ten (10) eligible students with valid FCAT 2.0, FAA, or EOC assessment scores in math in the current and two previous years, including scores for students retaking state math assessments in high school to meet graduation requirements.

(b) The school improvement rating shall be designated as following:

1. “Improving” means the schools with students making more academic progress than when the students were served in their home schools. In order for a school to earn an “improving” designation, the percent of students making learning gains in reading and math in the current year must be at least five percentage points higher than the percent of the same students making learning gains in the prior year in their home school. Schools that would otherwise qualify for a rating of “improving” but test less than ninety (90) percent of eligible students are not eligible for a final rating of “improving.”

2. “Maintaining” means schools with students making progress equivalent to the progress made when the students were served in their home schools. In order for a school to earn a “maintaining” designation, the percent of students making learning gains in reading and math in the current year must be less than five percentage points above or below the percent of the same students making learning gains in the prior year in their home school. Schools that would otherwise qualify for a rating of “improving” but test less than ninety (90) percent of eligible students shall receive a final rating of “maintaining.”

3. No change.

(c) The Commissioner shall withhold the designation of a school’s improvement rating if performance data is determined to not accurately represent the progress of the school. Circumstances under which a school’s performance data may be considered to not accurately represent the progress of the school include:

1. Less than eighty (80) ninety (90) percent of the school’s student population eligible for inclusion in the designation of the school’s improvement rating were assessed;

2. through (d) No change.

(6) Student Performance Credited to Home School When Alternative School Receives a School Improvement Rating. If an alternative school chooses to be evaluated through a school improvement rating rather than a school grade, and the alternative school is not a charter alternative school established pursuant to Section 1002.33, F.S., the state assessment scores of eligible students (identified in Section 1008.34(3)(c)(b)3., F.S.) shall be included in the students’ home school’s grade as well as the alternative school’s school improvement rating. An eligible student’s assessment scores will be included in the calculation of the home school’s grade in accordance with the provisions of paragraph 6A-1.09981(4)(a), F.A.C., provided that the student is enrolled in a grade level at the alternative school that is offered by the student’s home school.

Rulemaking Authority 1001.02, 1008.34, 1008.341 FS. Law Implemented 1008.34, 1008.341 FS. History–New 4-14-08, Amended 6-22-09, 4-8-12, 11-13-12,________.

 

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