To implement changes from House Bill 7039 (2023), which requires the State Board of Education to establish course standards for dropout prevention and academic intervention programs. The amended rule also provides minimum ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0521Definitions and Requirements Which Apply to All Dropout Prevention Programs

PURPOSE AND EFFECT: To implement changes from House Bill 7039 (2023), which requires the State Board of Education to establish course standards for dropout prevention and academic intervention programs. The amended rule also provides minimum requirements for credit recovery courses and amends or removes outdated language.

SUMMARY: The revised rule establishes guidelines for Dropout Prevention and Academic Intervention Programs, including eligibility criteria based on academic performance, attendance, and discipline. It requires coordination with appropriate agencies for additional student support services and outlines specific record-keeping requirements for enrolled students. The rule also stipulates the need for individual academic intervention plans within 30 days of program entry and outlines conditions for Credit Recovery courses to help students meet state academic standards.

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: Based upon the nature of the changes, this proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs is anticipated as a result of this rule change.

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), (2)(n), 1003.53(4), (7), F.S.

LAW IMPLEMENTED: 1003.53, 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: Carla Greene, Bureau of School Improvement, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0521 Definitions and Requirements Which Apply to All Dropout Prevention and Academic Intervention Programs.

(1) Definitions.

(a) “Credit Recovery courses” mean elective, credit-bearing courses in English, mathematics, science and social studies, listed in the current year’s Course Code Directory incorporated in Rule 6A-1.09441, F.A.C., with specific content requirements defined by state academic standards. Credit Recovery courses can be used in conjunction with local school district course grade forgiveness policies, as authorized by Section 1003.4282(4), F.S., or as remediation for students needing to prepare for an End-of-Course assessment retake.

(b) “Disruptive behavior” means the behavior described in Section 1003.53(1)(c)3.a. and b., F.S.

(c)“Dropout Prevention and Academic Intervention Programs” means a variety of programs designed to lead to improved academic achievement, attendance and discipline for a student who has been identified as academically unsuccessful, having a pattern of excessive absenteeism or truancy, a history of disruptive behavior or identified by a schools early warning system.

(d) (a) “Program category” means the broad eligibility area as defined in Rule 6A-1.0014, F.A.C., appropriate for the provision delivery of dropout prevention and academic intervention services and includes: educational alternatives, teenage parents, substance abuse, disciplinary, and youth services programs.

(b) Individual program means a specific program within a program category which has an identifiable set of goals, objectives, and strategies. An individual program is designed for a particular student population and is implemented according to an approved plan. A district may have more than one (1) individual program within a program category.

(c) Positive program means that a program includes provision for student success, regular feedback on academic and behavioral progress, counseling and other student services, evaluation strategies and special educational strategies that differ from the traditional approach.

(e) (d) “Standard A high school diploma” or its equivalent means a diploma that meets all the requirements of Sections 1002.3105, or 1003.4282, or 1003.438, F.S.

(f) “State of Florida Performance-Based Exit Option diploma” means a diploma that meets the requirements of Section 1003.435, F.S.

(e) Standard dropout prevention class means the class in which all students are dropout prevention students.

(f) Student services personnel means certified school counselors, school psychologists, school social workers, and licensed school nurses who work closely with visiting teachers, career specialists, health services providers, school administrators, district level dropout prevention coordinators, teachers and parents.

(g) Emancipated minor means a minor who is released from the control of parents or guardians.

(h) In-school suspension means the temporary removal of a student from the student’s regular school program and placement in an alternative program, such as that provided in Section 1003.53, F.S., under the supervision of district school board personnel, for a period not to exceed ten (10) school days.

(i) Suspension also referred to as out-of-school suspension, means the temporary removal of a student from all classes of instruction on public school grounds and all other school-sponsored activities, except as authorized by the principal or the principal’s designee for a period not to exceed ten (10) school days and remanding of the student to the custody of the student’s parent with specific homework assignments for the student to complete.

(2) Requirements.

(a) Credits. Students served in all individual dropout prevention and academic intervention programs must shall retain their right to earn the number and type of credits required for a standard high school or special diploma pursuant to Section 1002.3105 or, 1003.4282 or 1003.438, F.S. The special diploma is not a diploma option beginning with students entering 9th grade for the first time in the 2014-2015 school year and student cohorts thereafter.

(b) Coordination. All dropout prevention and academic intervention programs must coordinate shall demonstrate coordination with appropriate agencies and other school programs that provide services to participating students in order to fully utilize human and financial resources. A part of this coordination must shall be to ensure that procedures for postsecondary transition include child care referral, career counseling and academic and vocational training options. Appropriate agencies include, but are defined as but are not limited to: the Department of Health, the Department of Children and Families, the Department of Juvenile Justice, the Department of Law Enforcement, the Department of Corrections, the Department of Commerce Economic Opportunity, and the Florida Interagency Coordinating Council for Infants and Toddlers district’s local Pre-K Interagency Coordinating Council.

(c) Exceptional student education (ESE) referral. An exceptional student referred for enrollment in placement into a dropout prevention and academic intervention program must shall have an individual educational plan (IEP) review prior to enrollment that placement. A staff representative of the dropout prevention department in the district must shall participate in that review. This requirement does shall not apply to students served in county or municipal jail programs and Department of Juvenile Justice detention or residential programs youth services programs, agency based substance abuse programs, or in-school suspension programs.

(d) Limited English proficient students. Limited English proficient students, meeting the eligibility criteria for individual dropout prevention and academic intervention program categories, must shall be considered for placement and enrollment in the appropriate dropout prevention and academic intervention program based on student needs. Limited English language proficiency must shall not be used as a criterion for enrollment placement.

(e) Parent notification. Parents shall be notified annually in writing as specified in Section 1003.53(5), F.S., of their child’s placement into any dropout prevention program and of their right to review any action relating to such placement. For educational alternatives of choice, which are voluntary and for which a student’s parent or guardian has requested participation, such notification of administrative review shall not be required.

1. Except as set forth in subsubparagraph (2)(e)2., at least five (5) days before a student is initially enrolled in, or at least five (5) days before a student initially receives services under, a dropout prevention and academic intervention program, the student’s parent or guardian must be notified by certified mail, return receipt requested, of such assignment or service in accordance with Section 1003.53(5), F.S. After the initial notice, notice must be provided annually.  

2. The notice in subsubparagraph (2)(e)1. is not required for county or municipal jail programs and Department of Juvenile Justice detention and residential programs.

3. Notification must be in the parent’s primary language or other mode of communication commonly used by the parent unless clearly not feasible pursuant to Rule 6A-6.0908, F.A.C.

(f) Student records. Records of students participating in dropout prevention and academic intervention programs must shall contain the following:

1. The students’ dropout prevention and academic intervention program category.

2. Students’ entry and exit dates in the dropout prevention and academic intervention program.

3. Documentation of the eligibility of each student and any required interventions that is dated prior to each enrollment placement in a dropout prevention and academic intervention program. Eligibility for multi-year programs must shall be documented annually.

4. Number of instructional periods or hours of participation.

5. Evaluation of each student’s academic and behavioral progress.

6. Annual written documentation of parent notification and evidence of involvement in the enrollment placement decision. prior to the date of the student’s membership in a voluntary program. Parents shall be notified in writing within five (5) school days of the student’s initial membership in an assigned program. Judicial and agency records shall satisfy this requirement in youth services programs and agency based substance abuse programs. Notification shall be in the parent’s native language or the language most understood. For educational alternatives of choice, which are voluntary and for which a student’s parent or guardian has requested participation, such notification of administrative review shall not be required.

(g) Criteria for eEligibility. Districts must shall establish and implement eligibility criteria and procedures for each individual dropout prevention and academic intervention program offered in their district. Eligibility must be based on academic achievement, attendance, and discipline, pursuant to Section 1003.53(1)(b)-(c), F.S.

(h) Academic Intervention Plan. For each student in a dropout prevention and academic intervention program, an individual academic intervention plan must be developed no more than thirty (30) calendar days after a student’s entry into the program. An ESE student’s academic intervention plan must be consistent with the student’s IEP. At a minimum, the plan must include:

1. Measurable objectives, strategies, supports and related services that support the program’s goals to improve academic achievement, attendance and discipline, as appropriate; and

2. Transition goals to support the next educational placement or postsecondary options.

(i) (h) Certification. Any certification is appropriate for teachers in dropout prevention programs. Dropout prevention teachers must shall be instructional personnel as defined in Section 1012.01, F.S. The school district must ensure that only qualified instructional personnel, consistent with the Florida Course Code Directory and Instructional Personnel Assignments as adopted in Rules 6A-1.09441, 6A-1.0502, and 6A-1.0503, F.A.C., provide instruction in dropout prevention and academic intervention programs.

(j) Credit Recovery course procedures. Districts must develop procedures for implementation of Credit Recovery courses which are designed to result in students meeting state academic standards. At a minimum, the procedures must:

1. Require that students enrolled in a Credit Recovery course must have previously attempted a corresponding non-credit recovery course; 

2. Require that students enrolled in a Credit Recovery course meet end-of-course assessment requirements pursuant to Section 1003.4285, F.S.;

3. Describe how the district will develop individually designed courses of study for students so that students can meet course standards. Credit Recovery courses are not bound by the hour requirements contained in Section 1003.436(1)(a), F.S.

4. Describe any available related student services and accommodations required by IEPs, Section 504 plans or English Language Learner plans, if applicable to the student;

5. Describe the course delivery model and how the district will ensure Credit Recovery courses are aligned to the state academic standards. Options include direct instruction, blended learning pursuant to Section 1011.61(1), F.S., or district virtual instruction programs, virtual charter schools, Florida Virtual School (FLVS), virtual course offerings and district franchises of FLVS pursuant to Sections 1002.33 1002.37, 1002.45, 1002.455, 1003.498 and 1011.62(1), F.S.; and

6. Describe the district’s grading process, the criteria for competency of standards to complete the course, the reporting of credits on a student’s transcript when a student takes a Credit Recovery course for grade forgiveness purposes, and how the course completion records will be maintained by the district.

Rulemaking Authority 1001.02 (1), (2)(n), 1003.53(4), (7) FS. Law Implemented 1003.53 FS. History–New 10-30-90, Amended 6-19-91, 7-7-92, 9-5-93, 1-2-95, 7-26-16,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Carla Greene, Bureau of School Improvement, [e-mail]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 22, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 29, 2023