Notice of Change/Withdrawal

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-1.09981: Implementation of Florida's System of School Improvement and Accountability
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 5, February 3, 2012 issue of the Florida Administrative Weekly.

Subsection (1), sub-subparagraphs (1)(a)1.a.-c., sub-subparagraph (1)(a)2.b., subparagraph (1)(a)3., paragraph (2)(a), subparagraphs (3)(a)1.-2., subparagraph (4)(a)1., sub-subparagraph (4)(b)1.c., subparagraph (4)(c)2., subparagraphs (5)(a)2.-4., paragraph (5)(b), subparagraphs (5)(b)1.-2., and subparagraphs (6)(b)2.-3. of Rule 6A-1.09981 are amended to read:

(1) Policy Guidance. Accountability for student learning is the key focus of Florida’s system of school improvement. Requirements of Section 1008.34, F.S., shall form the basis of Florida’s system of school improvement and accountability. Student achievement data from the Florida Comprehensive Assessment Test (FCAT), FCAT 2.0 and end-of-course (EOC) assessments, and Florida Alternate Assessment (FAA) shall be used to establish both performance levels and annual progress for individual students, schools, districts, and the state. Results shall further be used as the primary criteria in calculating school grades, school rewards and recognition, and performance-based funding and shall be annually reported. Statewide assessments as required by Section 1008.22, F.S., shall be used to measure the annual learning gains of each student toward achievement of the Next Generation Sunshine State Standards appropriate for the student’s grade level and to inform parents of the educational progress of their public school children as specified by Section 1008.34(1), F.S. Each school is accountable for the performance of its entire student population. Student achievement data from the FCAT, FCAT 2.0, EOC assessments, and the Florida Alternate Assessment (FAA) shall be used to measure a school’s student performance for the subject areas of reading, mathematics, science, and writing. The FCAT, FCAT 2.0, and EOC assessment levels in the performance criteria in subsection (4) of this rule are those specified in Rule 6A-1.09422, F.A.C., for the year in which achievement data are used for accountability. The FAA performance levels for reading, mathematics, science, and writing are those specified in Rule 6A-1.09430, F.A.C.

(a)1. School grades shall be based on a combination of:

a. Student achievement scores, based on FCAT 2.0 Reading in grades 3 through 10, and FCAT 2.0 Mathematics in grades 3- through 8; FCAT 2.0 Science in grades 5 and 8; FCAT Writing in grades 4, 8, and 10; Florida Alternate Assessment; statewide high school end-of-course (EOC) assessments in Algebra 1, Biology (beginning 2012-13), and Geometry (beginning 2012-13); and middle school statewide EOC assessment in Civics (beginning 2014-15). Statewide EOC assessment scores for students who pass statewide high school EOC assessments in middle school will be banked for inclusion in the high school performance measures addressed in this paragraph when these students enroll in grade 9. For school year 2011-12 only, the science component for high school will be based on FCAT science performance in 2010-11. Schools will receive the same number of points for the 2011-12 science component as they did in 2010-11 because acheivement level standards will not have been set for the 2011-12 Biology EOC assessment.

b. Annual student learning gains as measured by FCAT 2.0 Reading and Mathematics (including Algebra 1 and Geometry EOC) and Florida Alternate Assessment assessments in applicable grades; and

c. Improvement of the FCAT 2.0 Reading and Mathematics (including Algebra 1 and Geometry EOC assessments) scores of students in the lowest twenty-five (25) percent unless they are performing at or above satisfactory, defined as FCAT 2.0 and EOC assessment Achievement Levels 3, 4 and 5. Current year rRetained elementary and middle school students whose prior year assessment scores are at Achievement Level 1 or 2 will be included in this group.

(1)(a)2.b. Schools demonstrate a five (5) percentage point improvement in the percent of such students making learning gains over the prior year, if the percent of such students making learning gains is below forty (40) percent in the current year.

Beginning in the 2012-2013 school year, iIf a school that would otherwise be assigned a school grade of “B” or “C” does not meet the fifty (50) percent learning gains target for adequate progress of the lowest performing students, as defined above, in at least one (1) of two (2) consecutive years, or demonstrate adequate improvement in learning gains for the lowest performing students from the prior year to the current year as described above, the final school grade shall be reduced by one (1) letter grade. Beginning in the 2012-2013 school year, no school shall receive a school grade of “A” unless the adequate progress criteria in reading and mathematics are met in the current year. Adequate progress for the lowest performing students is calculated separately for reading and mathematics. Schools must meet criteria in both subject areas to meet the overall requirement for adequate progress of the lowest performing students.

3. Reading Performance Threshold. Beginning in the 2012-13 school year, a sSchools that would otherwise qualify for a school grade of “D” or higher must have at least twenty-five (25) percent of their students’ scoring at or above Acheivement Level 3 on FCAT 2.0 Reading. A school that does not meet this requirements will have its grade reduced by one letter grade. Schools that do not meet this requirement will receive a final school grade of “F”.

(2)(a) The reading and mathematics assessment (FCAT, FCAT 2.0, statewide EOC assessment, and FAA) scores of all students, except English language learners (ELLs) who have been in the United States for less than one (1) year. an English for Speakers of Other Languages (ESOL) program for up to one (1) year. Scores on the reading and mathematics FCAT, FCAT 2.0, and statewide EOC assessments, for students with disabilities and ELL students who have been in the ESOL program more than one (1) year, but not more than two (2) years, will be included as satisfactory if the student scoresd at level 3 or higher or made a learning gain as described in sub-subparagraphs (4)(a)2.a. through d. of this rule not counting in the calculation students from these groups who scored below level 3 and have no prior-year test scores. Achievement data for Science and Writing (and, when available, Civics and U.S. History) will be based on scores on tThe FCAT, FCAT 2.0 FAA, and statewide EOC assessments for all students enrolled in standard curriculum courses, including the scores of students who are speech impaired, gifted, hospital homebound, and ELLs who have been in an English for Speakers of Other Languages (ESOL) program for more than two (2) years.

(3)(a)1. Has at least thirty (30) eligible students with valid FCAT 2.0 or Florida Alternate Assessment assessment scores in reading in both the current and the previous years, and

(3)(a)2. Has at least thirty (30) eligible students with valid FCAT 2.0 or EOC or Florida Alternate Assessment assessment scores in mathematics in the current and previous years, if the school is an accountability school type other than a high school. High schools must have at least ten (10) eligible students with valid Algebra 1 EOC or Florida Alternate Assessment assessment scores and beginning in 2012-13, at least ten (10) eligible students with valid Geometry 1 EOC assessment scores in mathematics in the current and previous years in order to receive a school grade. Performance designations shall be made using school grades A, B, C, D, and F, as specified in Section 1008.34(2), F.S. School grades shall be based on the assessments and criteria as specified in subsection (4) of this rule.

(4) Criteria for Designating School Grades. School grades shall be based on a combination of the following components:

(a) Components that apply to all school types:

1. Student achievement scores, aggregated for each school, which indicate the percent of eligible students who score at or above Achievement Level 3 on FCAT 2.0 and statewide EOC assessments in reading, mathematics, and science, and the percent of students who score “4.0” or higher on the FCAT Writing assessment. These percentages will also include, for students with disabilities whose sole assessment results are FAA scores, students who score at FAA Performance Level 4 or higher.

Statewide EOC assessment scores used for the performance and learning gains measures in high schools’ grades will be scores for the assessments administered to students for the first-time in high school. All other scores for high school students on the same assessment will be counted as retakes.

(4)(b)1.c. The count of other 8th graders in the school year who took the EOC assessment(s) and were enrolled in the appropriate course or its equivalent.; and

(4)(c)2. The school grading measures and requirements described in subparagraph (4)(c)1. of this rule, shall be applied to high schools for which there are at least ten (10) students included in the denominator of each component described in paragraph (4)(c) of this rule. For high schools in which there are fewer than ten (10) students in the denominator of any one of these components, except for the four-year graduation rate for at risk students and the five-year graduation rate the school grade shall be determined using the components described in paragraph (4)(a) of this rule and shall not include any of the components described in subparagraphs (4)(c)1. of this rule. However, for high schools in which their are fewer than ten (10) students in the denominator of the four-year high school graduation rate or the five-year modified graduation rate for academically at-risk students component (sub-subparagraph (4)(c)1.b. of this rule),the grade point component defined in sub-subparagraph (5)(c)1.a. of this rule shall be substituted for the grade point component defined in sub-subparagraph (4)(c)1.b. of this rule. For high schools with at least ten (10) students in the four-year graduation rate cohort but with fewer than ten (10) students in the five-year modified graduation rate cohort, the five-year modified graduation cohort will be replaced by a four-year graduation rate modified to count special diploma recipients as graduates.

(5)(a)2. One (1) point for each percent of students who score at or above Achievement Level 3 on FCAT 2.0 and statewide EOC assessments in mathematics and at or above Performance Level 4 on the FAA in mathematics. These results will include Algebra 1 EOC Assessment scores. Beginning in 2012-13, these results will include Geometry EOC Assessment scores. If a student has both an FCAT mathematics assessment and an Algebra I or Geometry end-of-course assessment score, the higher of the scores will be used.

3. One (1) point for each percent of students who score “4.0” or higher on the FCAT Writing Assessment or Level 4 or higher on the FAA Writing Assessment.

4. One (1) point for each percent of students who score at or above Achievement Level 3 on FCAT 2.0 and statewide EOC assessments in science and Level 4 or higher on the FAA Science Assessment. Beginning in 2012-13, these results will include scores on the Biology 1 EOC assessment.

(5)(b) Points for middle schools in addition to the points described in (5)(a) of this rule (100 additional 900 points available, 200 additional 1000 points available, beginning in school year 2014-15).

1. Middle School Participation in High School EOC Assessments (50 points available): One point for each percent of students who participate in statewide high school EOC assessments, and beginning in 2012-13 industry certifications. Students taking more than one high school EOC assessment or industry certification receive an extra weighting of 0.1 points in the numerator for each additional EOC assessment taken. Total points, including the extra weighting for additional assessments taken, will be summed before multiplying by a factor of 0.5.

2. Middle School Performance on High School EOC Assessments (50 points available): One point for each percent of students who score at level 3 or higher on statewide EOC assessments and industry certifications. Students scoring at level 3 or higher on more than one EOC assessment receive an extra weighting of 0.1 points in the numerator for each additional EOC assessment scored at level 3 or higher and each industry certification received. Total points, including the extra weighting for additional EOC assessments with scores at level 3 or higher, will be summed before multiplying by a factor of 0.5.

(6)(b)2. For the 2011-12 school year only, the grade assigned based on the points in subparagraph (6)(b)1. shall be used unless removing the points specified in subparagraph (5)(b)1. would result in a higher grade. The higher grade shall be used for the 2011-12 school year.

3. Beginning in the 2014-15 school year, for middle schools the school grade shall be based on the sum of the eight (8) grade point components as defined in paragraph (5)(a) of this rule and the middle-school grade point components in subparagraphs (5)(b)1. through 3. of this rule. In addition to the requirements in subparagraph (1)(a)4. of this rule for minimum percent of students tested, the requirement for reading performance in subparagraph (1)(a)3., and the requirements in subparagraph (1)(a)2. of this rule for adequate progress of the lowest performing twenty-five (25) percent of students, the following scale shall be applied:

Rulemaking Authority 1001.02, 1008.22, 1008.34, 1008.345 FS. Law Implemented 1008.22, 1008.34, 1008.345, 1008.36 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,_________.