The purpose of this rule revision is to reflect changes to Section 1008.22(3)(c)2.b., Florida Statutes, which was revised to add that the middle school principal shall determine, in accordance with State Board rule, whether a student who transfers ...

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-1.09942: State Uniform Transfer of Students in the Middle Grades

PURPOSE AND EFFECT: The purpose of this rule revision is to reflect changes to Section 1008.22(3)(c)2.b., Florida Statutes, which was revised to add that the middle school principal shall determine, in accordance with State Board rule, whether a student who transfers to the middle school and who has successfully completed a civics education course at the student’s previous school must take an end-of-course (EOC) assessment in civics education. The effect is a rule consistent with governing law.

SUMMARY: This rule establishes uniform procedures relating to the acceptance of transfer work and courses for students entering Florida’s public schools comprised of grades six, seven, and eight.

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), F.S., and 2) based on past experiences with 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), F.S.

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: 1003.25, 1003.4156, 1008.22, FS.

LAW IMPLEMENTED: 1003.25, 1003.4156, 1008.22(3)(c)2.b., FS.

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

DATE AND TIME: October 9, 2012, 8:00 a.m.

PLACE: Valencia College, 1800 S. Kirkman Rd., Orlando, FL

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Jane Tappen, Deputy Chancellor for Curriculum, Instruction, and Student Services, Department of Education, 325 West Gaines Street, Tallahassee, FL, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.09942 State Uniform Transfer of Students in the Middle Grades.

The purpose of this rule is to establish uniform procedures relating to the acceptance of transfer work and courses for students entering Florida’s public schools composed of middle grades 6, 7, and 8 from out of state or out of country. The procedures shall be as follows:

(1) Grades earned and offered for acceptance shall be based on official transcripts and shall be accepted at face value subject to validation if required by the receiving school’s accreditation. If validation of the official transcript is deemed necessary, or if the student does not possess an official transcript or is a home education student, successful completion of courses shall be validated through performance during the first grading period as outlined in subsection (2) of this rule. If a student transfers into a middle school who has successfully completed a civics education course, the decision as to whether the student must take a Civics End-of-Course (EOC) Assessment will be made at the discretion of the school principal. The EOC will not be required if the school principal determines that the student has demonstrated mastery of course content.

(2) Validation of courses shall be based on performance in classes at the receiving school. A student transferring into a school shall be placed at the appropriate sequential course level and should be passing each required course at the end of the first grading period. Students who do not meet this requirement shall have courses validated using the Alternative Validation Procedure, as outlined in subsection (3) of this rule.

(3) Alternative Validation Procedure. If validation based on performance as described above is not satisfactory, then any one of the following alternatives identified in the district student progression plan shall be used for validation purposes as determined by the teacher, principal, and parent:

(a) Portfolio evaluation by the superintendent or designee;

(b) Demonstrated performance in courses taken at other public or private accredited schools;

(c) Demonstrated proficiencies on nationally-normed standardized subject area assessments;

(d) Demonstrated proficiencies on the FCAT, FCAT 2.0 or an EOC assessment; or

(e) Written review of the criteria utilized for a given subject provided by the former school.

Students must be provided at least ninety (90) days from date of transfer to prepare for assessments outlined in paragraphs (3)(c) and (d) of this rule if required.

 

Rulemaking Specific Authority 1003.4156(3), 1003.25(3), 1008.22 F.S. Law Implemented 1003.25(3), 1003.4156, 1008.22 F.S. History– New 10-20-08, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Jane Tappen, Deputy Chancellor, for Curriculum, Instruction, and Student Services, Department of Education

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 16, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2011