Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-1.099822: School Improvement Rating for Alternative Schools.
PURPOSE AND EFFECT: The purpose of the rule amendment is to define “alternative school” for the purpose of calculating school improvement ratings, establish a process to identify alternative schools and a process for calculating school improvement ratings that fulfill statutory requirements for school accountability consistent with Sections 1008.34(3)(a)2. and 1008.341, F.S. The effect of the rule amendment will be the deletion of the obsolete definition of “home school” to prevent conflict with Section 1008.34(3)(c)3., F.S. Additionally, the amendment clarifies how students are credited back to a “home school” in calculating school grades and the minimum number of students necessary to ensure a statistically reliable calculation.
SUMMARY: The rule is amended to be consistent with Sections 1008.34 and 1008.341, F.S., as they relate to defining “alternative school”, establish a process to identify alternative schools and a process for calculating school improvement ratings that fulfill statutory requirements for school accountability, and to clarify how students are credited back to a “home school” in calculating school grades and the minimum number of students necessary to ensure a statistically reliable calculation.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1008.34, 1008.341 FS.
LAW IMPLEMENTED: 1008.34, 1008.341 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 19, 2009, 9:00 a.m.
PLACE: Hillsborough Community College, Dale Mabry Campus, Student Center, Dale Mabry Highway, Tampa, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jeff Sellers, Interim Deputy Commissioner for Accountability, Research, and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400; (850)245-9597

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.099822 School Improvement Rating for Alternative Schools.

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

(5) Procedures for Calculating School Improvement Ratings for Alternative Schools.

(a) The school improvement ratings for alternative schools will be considered fully implemented with the following accountability elements:

1. The school improvement rating shall be based on a comparison of student learning gains for the current year and previous year. The learning gains definition will be consistent with the learning gains definition for school grades defined in Rule 6A-1.09981, F.A.C. The school improvement rating shall be calculated for each alternative school that has chosen to be rated by this method and, to ensure statistical reliability of results in accordance with Section 1008.34(3)(a)1., F.S., has:

a. Has Aa minimum of ten (10) eligible students with valid Florida Comprehensive Assessment Test (FCAT) scores in reading in the current and two previous years; and

b. Has Aa minimum of ten (10) eligible students with valid Florida Comprehensive Assessment Test (FCAT) scores in math in the current and two previous years.

2. through 6. No change.

(6) Student Performance Credited to Home School When Alternative School Receives a School Improvement Rating. Crediting of Student Performance at the Alternative School to the Home School for the Purposes of Calculating the Home School’s School Grade. If an alternative school chooses to be evaluated through a school improvement rating rather than a school grade, the student performance of eligible students (identified in Section 1008.34(3)(b)3., F.S.) shall be included in the students’ home school’s grade as well as the alternative school’s school improvement rating. An eligible student’s performance will be included in the calculation of the home school’s overall percentage of students making learning gains in reading and in math, provided that the student is enrolled in a grade level at the alternative school that is offered by the student’s home school.

(7) Definition of Home School. “Home School” is defined as the school the student was attending when assigned to an alternative school, pursuant to Section 1008.34, F.S.

(a) Limitations on Students Credited Back. Student performance data will only be credited back to the home school if:

1. The student was referred to the alternative school by the home school; and

2. The student’s grade level at the alternative school is within the same grade configuration as the student’s home school.

(b) Eligible students’ performance will be included in the calculation of the home school’s overall percentage of students making learning gains in reading and in math.

(c) Eligible students’ performance will be included in the home school’s grade calculation as long as the student is enrolled in a grade level at the alternative school that is offered by the student’s home school.

Rulemaking Specific Authority 1008.34, 1008.341 FS. Law Implemented 1008.34, 1008.341 FS. History–New 4-14-08, Amended ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jeff Sellers, Interim Deputy Commissioner for Accountability, Research, and Measurement
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 8, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 23, 2009