The purpose of the proposed rule is to incorporate certain Department of Juvenile Justice (DJJ) education programs into the school improvement ratings model in response to changes adopted in House Bill 1425 from the 2024 ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.099822School Improvement Rating for Alternative Schools.

PURPOSE AND EFFECT: The purpose of the proposed rule is to incorporate certain Department of Juvenile Justice (DJJ) education programs into the school improvement ratings model in response to changes adopted in House Bill 1425 from the 2024 legislative session and to incorporate technical changes to existing rule references. As a result, eligible DJJ detention, prevention, and day treatment programs will receive a school improvement rating beginning with the 2024-25 school year.

SUMMARY: The proposed amendments to the rule will incorporate juvenile justice detention, prevention, and day treatment programs as schools evaluated under the school improvement ratings model. In the 2024 legislative session, House Bill 1425 amended section (s.) 1003.52, Florida Statutes (F.S.), to eliminate the current DJJ accountability ratings system and require that educational services provided at juvenile justice detention, prevention and day treatment programs be evaluated under the school improvement ratings model. DJJ residential programs previously evaluated under the DJJ accountability ratings system will be evaluated under an accountability model developed by the DJJ for the Florida Scholars Academy under s. 985.619, F.S. Additionally, the proposed amendments include technical changes to existing rule references.

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 is the result of legislative action to align current education statutes with the controlling provisions of the Florida Scholars Academy; therefore, there is no impact to economic growth, private sector job creation, employment, private sector investment, business competitiveness, or any other factors found in s. 120.541(2)(a), F.S., and no legislative ratification is required.

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(1)(n), 1003.51 (2)(p), 1008.34, 1008.341(6), F.S.

LAW IMPLEMENTED: 1003.51(5), 1003.51(2)(p), 1008.341, 1008.345, F.S.

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

DATE AND TIME: July 24, 2024; 9:00 a.m.

PLACE: Rosen Shingle Creek, 9939 Universal Blvd, Suwannee 18/19/20, Orlando, FL 32819

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Justin Tarin, Bureau Chief, Bureau of Accountability Reporting, Division of Accountability, Research, and Measurement, Florida Department of Education, 325 West Gaines Street, Suite 514, Tallahassee, Florida 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.099822 School Improvement Rating for Alternative Schools.

(1) Purpose. The purpose of this rule is to provide the definitions and policies for school improvement ratings as required in Sections 1008.34 and 1008.341, F.S.

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

(a) through (b) No change.

(c) “Department of Juvenile Justice (DJJ) education program” means a program operated by or under contract with the Department of Juvenile Justice that provides educational services to students receiving detention, prevention, or day treatment services as defined in Section 985.03, F.S.

(d)(c) “Learning gains” means learning gains calculated based on the provisions of Rule 6A-1.09981, F.A.C., except retake assessments for the statewide standardized end-of-course and grade 10 English Language Arts assessments shall be included in the calculation when first-time statewide standardized assessments are not available for a student. For grades 9 through 12, “first-time” designates an assessment that is administered to a student for the first time during enrollment in high school (grades 9 through 12). In addition, concordant and comparison scores as identified in Rule 6A-1.09422(8) 6A-1.094223, F.A.C., may be used to demonstrate learning gains for students in grades 9 through 12 who scored at Achievement Levels 1 or 2 in the prior year in the same subject area.

(3) School Improvement Rating Framework.

(a) No change.

(b) Schools identified as alternative schools, and ESE Center schools, and DJJ education programs have the option of earning a school grade, pursuant to Section 1008.34, F.S., or a school improvement rating, as outlined in subsection (4) of this rule. Each alternative school identified as described in paragraph (2)(3)(a) of this rule, and ESE Center school identified pursuant to Rule 6A-1.099828, F.A.C., and DJJ education program identified as described in paragraph (2)(c) of this rule shall indicate whether it chooses to receive a school grade or a school improvement rating. Schools that do not indicate a choice will receive a school improvement rating.

(c) Each alternative school, or ESE Center school, or DJJ education program that does not choose to receive a school grade shall be assigned a school improvement rating of Commendable, Maintaining, or Unsatisfactory annually based on the provisions of this rule.

(d) through (f) No change.

(4) School Improvement Rating System.

(a) The school improvement rating system shall include the following components for all alternative schools, and ESE Center schools, and DJJ education programs selecting to receive a school improvement rating.

1. through 2. No change.

(b) No change.

(5) No change.

Rulemaking Authority 1001.02, 1008.34, 1008.341 FS. Law Implemented 1008.34, 1008.341, 1008.345 FS. History–New 4-14-08, Amended 6-22-09, 4-8-12, 11-13-12, 11-19-13, 10-30-16, 2-20-18,

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 21, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 19, 2024