To incorporate changes made during the 2022 and 2023 legislative sessions, and to incorporate technical edits to include the new statewide, standardized assessments. In the 2022 legislative session, SB 1048 (CH. 2022-16, ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.09981School and District Accountability

PURPOSE AND EFFECT: To incorporate changes made during the 2022 and 2023 legislative sessions, and to incorporate technical edits to include the new statewide, standardized assessments. In the 2022 legislative session, SB 1048 (CH. 2022-16, L.O.F.) amended s. 1008.34(7), F.S., to require the Department of Education to align the school grading scale so that the percentage of schools that earn an “A,” “B,” “C,” “D,” and “F” is statistically equivalent to the 2021-2022 school grades results. In the 2023 legislative session, HB 1537 (CH. 2023-39, L.O.F.) amended the school grades formula to include a standalone grade 3 English Language Arts component for schools comprised of grade levels that include grade 3.

SUMMARY: The rule must be updated to reflect changes to the school grading scale pursuant to s. 1008.34(7), F.S. The rule must also be updated to include a standalone grade 3 English Language Arts component for schools comprised of grade levels that include grade 3 pursuant to s. 1008.34(3)(b)1.j., F.S. Finally, the rule must be updated to incorporate technical edits to remove references to Florida Standards 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: The proposed rule amendment incorporates the new statewide, standardized assessments into the school grading calculation according to timeline established in s. 1008.34(7), F.S. Based upon prior experience, the proposed rule amendment is not expected to have any adverse impact on economic growth or business competitiveness or increase regulatory costs or any other factor set forth in s. 120.541(2), F.S., and will not require legislative ratification.

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(6), 1008.345, F.S.

LAW IMPLEMENTED: 1008.22, 1008.34, 1008.345, 1008.36, F.S.

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

DATE AND TIME: October 18, 2023, 9:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Grand Sierra Ballroom D, Orlando, FL 32821

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Justin Tarin, Bureau Chief, Bureau of Accountability and Reporting, Division of Accountability, Research, and Measurement, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.09981 School and District Accountability.

(1) No change.

(2) Definitions. For the purpose of this rule, the following definitions shall apply:

(a) No change.

(b) “Learning gains” means that the student demonstrates growth from one (1) year to the next year sufficient to meet the criteria below. Learning gains may be demonstrated in English Language Arts and Mathematics.

1. Students with two (2) consecutive years of valid Florida Standards Assessment scores on the end-of-year comprehensive progress monitoring assessments or the mathematics end-of-course assessments may demonstrate learning gains in four (4) different ways.

a. Students who increase at least one (1) achievement level on the end-of-year comprehensive progress monitoring assessments or the mathematics end-of-course assessments Florida Standards Assessment in the same subject area.

b. Students who scored below Achievement Level 3 on the end-of-year comprehensive progress monitoring assessments or the mathematics end-of-course Florida Standards assessments Assessment in the prior year and who advance from one subcategory within Achievement Level 1 or 2 in the prior year to a higher subcategory in the current year in the same subject area. Achievement Level 1 is comprised of three (3) equal subcategories, and Achievement Level 2 is comprised of two (2) equal subcategories. Subcategories are determined by dividing the scale of Achievement Level 1 into three (3) equal parts and dividing the scale of Achievement Level 2 into two (2) equal parts. If the scale range cannot be evenly divided into three (3) equal parts for Achievement Level 1 or into two (2) equal parts for Achievement Level 2, no subcategory may be more than one (1) scale score point larger than the other subcategories; the highest subcategories shall be the smallest.

c. Students whose score remained at Achievement Level 3 or 4 on the end-of-year comprehensive progress monitoring assessments or the mathematics end-of-course Florida Standards assessments Assessment in the current year and whose scale score is greater in the current year than the prior year in the same subject area. This does not apply to students who scored in a different achievement level in the prior year in the same subject area.

d. Students who scored at Achievement Level 5 in the prior year on the end-of-year comprehensive progress monitoring assessments or the mathematics end-of-course Florida Standards assessments Assessment and who score in the same Achievement Level in the current year in the same subject area.

2. No change.

(c) “Passing” means that the student must attain a statewide standardized assessment score of Achievement Level 3 or higher.

(d) “School grade component” means the areas listed in paragraphs (4)(a), (4)(b), and (4)(c), and (4)(d) of this rule.

(e) through (h) No change.

(3) School Accountability Framework.

(a) through (d) No change.

(e) To ensure that student data accurately represent school performance, schools shall assess at least ninety-five (95) percent of their students to qualify for a school grade, unless the school only has sufficient data for the components found in paragraphs (4)(b), and (c), and (d) of this rule.

(f) through (i) No change.

(4) School Grading System. The school grade components shall be calculated as a percentage, with the possible points listed by the component.

(a) No change.

(b) School Grading Component for Elementary Schools. (100 points).

1. Beginning with the 2023-2024 school grades, the elementary school grading component shall be calculated for schools that include grade 3.

2. The elementary school component shall be calculated as a percentage of eligible students in grade 3 who passed the end-of-year comprehensive progress monitoring statewide assessment in English Language Arts Reading.

(c) (b) School Grading Component for Middle Schools. (100 points) The middle school grading component shall be calculated for schools comprised of grades 6, 7, and 8 and schools comprised of grades 7 and 8. In addition, if a school includes grades 6, 7, and 8 or grades 7 and 8 with other grade levels, that school shall be included in the middle school component.

1. through 3. No change.

(d) (c) School Grading Components for High Schools. The high school grading component shall be calculated for schools comprised of grades 9, 10, 11, and 12 or grades 10, 11, and 12. In addition, if a school includes grades 9, 10, 11, and 12 or grades 10, 11, and 12, with other grade levels, that school shall be included for the high school grading component. In addition, schools comprised of grades 11 and 12 shall be eligible for the high school grading component. High school grades shall include the following components.

1. through 3. No change.

(e) (d) Procedures for Calculating School Grades.

1. through 2. No change.

3. For the 2022-2023 school year, in accordance with s. 1008.34(7)(a), F.S., school and district grades are established so that the percentage of schools that earn an A, B, C, D, and F is statistically equivalent to the 2021-2022 school and district grades results. Letter grades shall be assigned to schools based on the percentage of total applicable points earned as follows:

a. Sixty-two (62) percent of total applicable points or higher equals a letter grade of A;

b. Fifty-four (54) to sixty-one (61) percent of total applicable points equals a letter grade of B;

c. Forty-one (41) to fifty-three (53) percent of total applicable points equals a letter grade of C;

d. Thirty-two (32) to forty (40) percent of total applicable points equals a letter grade of D; and,

e. Thirty-one (31) percent of total applicable points or less equals a letter grade of F.

(5) through (7) No change.

Rulemaking Authority 1001.02, 1008.22, 1008.34, 1008.345 FS. Law Implemented 1008.22, 1008.34, 1008.345 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, 12-3-13, 2-9-16, 2-20-18, 7-14-21,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Justin Tarin, Bureau Chief, Bureau of Accountability and Reporting, Division of Accountability, Research, and Measurement.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 15, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 8, 2023