The purpose of this rule amendment is to revise the school accountability criteria and processes and to implement requirements of Section 1008.34, Florida Statutes, including a revision of the minimum required number of eligible students’ scores in ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.09981Implementation of Florida's System of School Improvement and Accountability

PURPOSE AND EFFECT: The purpose of this rule amendment is to revise the school accountability criteria and processes and to implement requirements of Section 1008.34, Florida Statutes, including a revision of the minimum required number of eligible students’ scores in reading and math for the school to receive a school grade (10), and provisions for grading co-located schools. Proposed revisions also include a change in the percent-tested calculation to conform with federal reporting requirements, extension of the one-letter-grade drop protection for grades earned in 2013-2014, and technical corrections.

SUMMARY: This rule describes Florida’s school grading process, each type of data that is used in the process, how points for school grades are calculated, and requirements to receive an A, B, C, D, or F grade. This rule amendment is proposed to implement recent legislative changes to Section 1008.34, Florida Statutes, to adjust a participation rate calculation to conform with federal reporting requirements, and extend the one-letter-grade-drop protection to support stability during Florida’s transition to Common Core standards and assessments.

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, 1008.22, 1008.34, 1008.345 FS.

LAW IMPLEMENTED: 1008.22, 1008.34, 1008.345, 1008.36 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-1.09981 Implementation of Florida’s System of School Improvement and Accountability.

(1) through (a)3. No change.

4. To ensure that student data accurately represent school performance, schools shall be required to assess at least ninety (90) percent of their eligible students to qualify for a school grade of D, C, or B and at least ninety-five (95) percent to qualify for an A. For calculations performed for the 2013-14 school year and thereafter, the percent-tested figure will be based on the count of students who were enrolled during the third period full-time equivalent student membership survey as specified in Rule 6A-1.0451, F.A.C., and who were also enrolled at the time of testing.

5. through (2)(b) No change.

(c) In addition, scores shall be included in performance and learning-gains measures only for only the scores of those students who are enrolled in the second period and the third period full-time equivalent student membership survey as specified in Rule 6A-1.0451, F.A.C., and who are enrolled at the time of testing shall be included.

(3) School Grades. The measure of school accountability shall be the school grade.

(a) The Commissioner is authorized to designate a school grade for each school that:

1. Has at least thirty (30) eligible students with valid FCAT 2.0 or Florida Alternate Assessment scores in reading in both the current and the previous years, and

2. Has at least thirty (30) eligible students with valid FCAT 2.0, EOC, or Florida Alternate Assessment scores in mathematics in the current and previous years, if the school is an accountability school type other than a high school. High schools must have at least ten (10) (ten) eligible students with valid Algebra 1 EOC or Florida Alternate Assessment scores and beginning in 2012-13, at least ten (10) eligible students with valid Geometry 1 EOC assessment scores in mathematics in the current and previous years in order to receive a school grade.

3. Beginning in 2013-14, the Commissioner is authorized to designate a school grade for each school that has at least ten (10) eligible students with valid assessment scores in reading and at least ten (10) eligible students with valid assessment scores in mathematics in both the current year and the previous year for each subject. Performance designations shall be made using school grades A, B, C, D, and F, as specified in Section 1008.34(2), F.S. School grades shall be based on the assessments and criteria as specified in subsection (4) of this rule.

(b) through (4)(a)2.f.ii. No change.

g. Additional learning gains weighting is established for students who score at levels 1 and 2 on FCAT 2.0 or levels 1, 2, and 3 on FAA and improve their scores by more than the minimum required to make a learning gain as described in sub-subparagraphs (4)(a)2.c. or e. Students whose score increases by 33% more than the required learning gain will be weighted as 1.1 in the numerator of the learning gains calculation.

3. through (4)(c)1.c. No change.

d. Performance in accelerated coursework, defined as Advanced Placement (AP), International Baccalaureate (IB), dual enrollment, Advanced International Certificate of Education (AICE), and industry certification courses. Performance shall be calculated for the school by dividing the weighted number of grade 9-12 students with successful completions in accelerated coursework (numerator) by the count of all students in grades 9 through 12 who took an accelerated course or subject area examination during the academic year. For AP, IB, and AICE successful completion is defined as earning a passing score and qualifying for credit for specific postsecondary course(s) as determined by the Articulation Coordinating Committee’s Credit by Exam Equivalencies list (http://www.flrules.org/Gateway/reference.asp?No=Ref-01330), initially adopted November 14, 2001, with subsection revisions in 2012 2010-2011, which is hereby incorporated by reference and may be obtained at http://www.fldoe.org/articulation/pdf/ACC-CBE.pdf. For dual enrollment successful completion is defined as a passing grade of “C” or higher in a dual enrollment course for college credit. For industry certification successful completion is defined as passing an industry certification examination on the Industry Certification Funding List adopted in Rule 6A-6.0573, F.A.C. Schools can earn additional successful completions for students who achieve industry certifications listed on the Gold Standard Career Pathways Articulation Agreement (http://www.flrules.org/Gateway/reference.asp?No=Ref-01331) that result in credit for more than one (1) college course, which is incorporated by reference herein and can be accessed at: http://www.fldoe.org/workforce/dwdframe/artic_indcert2aas.asp. For each student identified as having successfully completed accelerated coursework, the weighted count that is assigned to the student is established at 1.0 for a student with one successful completion in accelerated coursework and is increased incrementally by 0.1 for each additional successful completion credited to the student. The weighted counts for all successful completers are summed to produce the numerator described in sub-subparagraph (4)(c)1.d. of this rule.

e. through (5)(a)7. No change.

8. One (1) point for each percent of students in the lowest twenty-five (25) percent in mathematics in the school as defined in subparagraph (4)(a)3. of this rule who make learning gains as defined in subparagraph (4)(a)2. of this rule.

In the event that a school does not have at least ten (10) eligible students tested in writing, the district average in writing as defined in subparagraph (5)(a)3. of this rule shall be substituted. In the event that a school does not have at least ten (10) elegible students tested in science, the district average in science as defined in subparagraph (5)(a)4. of this rule shall be substituted. In the event that a school does not have at least thirty (30) students in the lowest twenty-five (25) percent in reading or in mathematics as defined in subparagraph (4)(a)3. of this rule, the lowest performing thirty (30) students below satisfactory, defined as FCAT 2.0 Achievement Levels 1 and 2, shall be used. In the event there are still not thirty (30) qualified students in the lowest achieving group for reading, the grade point component defined in subparagraph (5)(a)5. of this rule shall be substituted for the grade point component defined in subparagraph (5)(a)7. of this rule. In the event there are still not thirty (30) qualified students in the lowest achieving group for mathematics, the grade point component defined in subparagraph (5)(a)6. of this rule shall be substituted for the grade point component defined in subparagraph (5)(a)8. of this rule. Beginning in 2013-14, in the event that a school does not have at least ten (10) students in the lowest twenty-five (25) percent in reading or in mathematics as defined in subparagraph (4)(a)3. of this rule, the lowest performing ten (10) students below satisfactory, defined as FCAT 2.0 Achievement Levels 1 and 2, shall be used.  In the event there are still not ten (10) qualified students in the lowest achieving group for reading, the grade point component defined in subparagraph (5)(a)5. of this rule shall be substituted for the grade point component defined in subparagraph (5)(a)7. of this rule. In the event there are still not ten (10) qualified students in the lowest achieving group for mathematics, the grade point component defined in subparagraph (5)(a)6. of this rule shall be substituted for the grade point component defined in subparagraph (5)(a)8. of this rule.

(b) through (c)7. No change.

8. High schools will be eligible for ten (10) bonus points added to their total school grade points accumulated through the eight (8) components described in paragraph (4)(a) of this rule if at least half of the 11th and 12th grade students in the school retaking the grade 10 FCAT or FCAT 2.0 in reading and at least half of 11 th and 12 th grade students in the school retaking other statewide assessments required for graduation, meet the graduation requirement. At least fifty (50) percent of students retaking the grade 10 reading assessment and fifty (50) percent of the students retaking the grade 10 mathematics assessment and EOC assessments required for graduation, must meet the graduation requirement for a school to receive the ten (10) bonus points.

(d) through (6)(d)2.c. No change.

(e) If the 2011-12 school grade preliminarily calculated for a school based on the points earned in paragraph (5) and the grade scale in paragraph (6) is more than one (1) letter grade below the school’s grade in in the prior year 2010-11, the points assigned based on subparagraphs (5)(a)1., 2., and 3. shall be adjusted such that the school’s letter grade for the 2011-2012 school year is reduced by no more than one (1) letter grade. The difference between current year 2011-12 points earned and the points necessary to receive a one (1) letter grade reduction will be allocated evenly across the components in subparagraphs (5)(a)1., 2., and 3. in order to ensure that a school’s grade is based upon the components of student achievement, learning gains and the improvement of the lowest 25th percentile as set forth in Section 1008.34, F.S. This adjustment shall be limited to the 2011-12 years 2011-12 through 2013-14. Any points added to a school’s grade as described in this paragraph shall not be used for any purpose when determining school grades in the school years subsequent to 2011-2012.

(7) Beginning with the 2013-14 school year and annually thereafter, school grades for co-located schools will be calculated in accordance with requirements of Section 1008.34(3)(a)3., Florida Statutes. In determining whether a co-located school as defined in Section 1008.34(a)3., Florida Statutes, would be evaluated for a school grade or a school improvement rating, the Department of Education will consider only those co-located schools with students enrolled at tested grade levels or enrolled in courses for which state EOC assessments are required.  When a co-3located school that is evaluated for a school grade or a school improvement rating does not qualify for a grade because the school has less than the minimum number of eligible students with required test scores to qualify for a school grade or a school improvement rating, a single grade will be calculated for all co-located schools at the same site, as required in Section 1008.34(3)(a)3., Florida Statutes.  The combined grade will include assessment data for all co-located schools at the same site, as described in paragraph (4)(a), and any other applicable performance data addressed in paragraphs (4)(b) and (4)(c) of this rule.

(8)(7) Planned System Enhancements. As indicated in this subsection, planned enhancements will occur in Florida’s System of School Improvement and Accountability. The Commissioner of Education will periodically recommend additional changes to the system to the State Board of Education as necessary to ensure that continuous improvements are made in the educational programs of the state. Beginning with the 2012-13 school year and annually thereafter, the percentage of “A” and “B” school grades for the year shall be reviewed to determine whether to adjust the school grading scale upward for the following year’s school grades. The first adjustment would occur no earlier than the 2013-14 school year. An adjustment will be made if the percentage of schools earning an “A” or “B” in the current year represents seventy-five (75) percent or more of all graded schools within a particular school type. There are four school types used for accountability: elementary, middle, high, and combination. The adjustment would reset the minimum required percentage of points for each passing grade (A, B, C, D) at the next highest percentage ending in the numeral 5 or 0 (zero), whichever is closest to the current percentage. Annual reviews of the percentage of schools earning an “A” or “B” and adjustments to required points will be suspended when the following grade scale is achieved: 90 percent or more of the points for an “A”; 80 to 89 percent of the points for a “B”; 70 to 79 percent of the points for a “C”; and 60 to 69 percent of the points for a “D.”

(9)(8) Accuracy and Representativeness of Performance Data. The Commissioner shall review all information submitted by school districts to represent the performance of schools receiving a school grade.

(a) through 2. No change.

(c) After the initial issuance of school grades, the school district shall have at least thirty (30) days to review the data on which the school grade was based. If the school district determines that a different school grade should be assigned because of the omission of student data, a data miscalculation, or special circumstances that might have affected the grade assigned, a request for a state review of the data can be submitted. Changes to the criteria or process described in paragraph (9) (8)(a) shall not be considered as part of this review and must be addressed as described therein. Appropriate documentation of all elements and data to be reviewed by the Department must be submitted within the time limits specified by the Commissioner.

The Commissioner’s determination of a school’s grade shall be final.

(9) No change.

Rulemaking Authority 1001.02, 1008.22, 1008.34, 1008.345 FS. Law Implemented 1008.22, 1008.34, 1008.345, 1008.36 FS. History–New 10-11-93, Amended 12-19-95, 3-3-97, 1-24-99, 2-2-00, 2-11-02, 12-23-03, 5-15-06, 6-19-08, 11-26-08, 11-12-09, 6-21-11, 7-16-12, 1-17-13, 5-21-13,___________.

 

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 FAW: July 29, 2013