Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-1.09941: State Uniform Transfer of High School Credits
PURPOSE AND EFFECT: The purpose of this rule amendment is be consistent with changes made to Section 1008.22(9)(b), Florida Statutes, by the 2010 Legislature. The amendment specifically requires that when a student transfers into a high school, the school principal shall determine whether the student must take an end-of-course (EOC) assessment in a course for which the student has credit that was earned from the previous school.
SUMMARY: This rule establishes uniform procedures relating to the acceptance of transfer work and credit for students entering Florida’s public schools.
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), Florida Statutes, 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), Florida Statutes.
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(3), 1008.22(13) FS.
LAW IMPLEMENTED: 1003.25(3), 1008.22(9) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 27, 2012, 9:00 a.m.
PLACE: TERRA Environmental Research Institute, 11005 S.W. 84th Street, Miami, FL 33173
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Jane Tappen, Deputy Chancellor for Curriculum, Instruction and Student Services, Division of Public Schools, 325 West Gaines Street, Tallahassee, Florida, (850)245-0509

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.09941 State Uniform Transfer of High School Credits.

The purpose of this rule is to establish uniform procedures relating to the acceptance of transfer work and credit for students entering Florida’s public schools. Effective July 1, 2012, tThe procedures shall be as follows:

(1) Credits and 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, credits shall be validated through performance during the first grading period as outlined in subsection (3)(2) of this rule.

(2) If a student transfers into a Florida high school from out of country, out of state, a private school, or a home school, and that student’s transcript shows credit received in Algebra 1, or an equivalent course; Geometry, or an equivalent course; or Biology 1, or an equivalent course, the decision as to whether the student must take Florida’s statewide, standardized end-of-course (EOC) assessment in Algebra 1, Geometry, or Biology 1, respectively, shall be made by the school principal as follows:

(a) A transfer student will not take Florida’s.

1. Algebra 1 EOC Assessment if the student passed a statewide, standardized EOC assessment in that course, if administered by the transferring school, or achieved a passing score on the high school statewide assessment in mathematics required by the state from which the student transferred for purposes of satisfying the requirements of the Elementary and Secondary Education Act, 20 U.S.C. ss. 6301, et seq., or if the student achieves an equivalent score on another assessment as identified pursuant to Section 1008.22(11), Florida Statutes.

2. Geometry EOC Assessment if the student passed a statewide, standardized EOC assessment in that course, if administered by the transferring school, or if the student achieves an equivalent score on another assessment as identified pursuant to Section 1008.22(11), Florida Statutes.

3. Biology 1 EOC Assessment if the student passed a statewide, standardized EOC assessment in that course, if administered by the transferring school, or if the student achieves an equivalent score on another assessment as identified pursuant to Section 1008.22(11), Florida Statutes.

(b) A transfer student will take Florida’s EOC assessments in Algebra 1, Geometry, and Biology 1 under all other circumstances and must pass the EOC in order to earn credit in the course.

(3)(2) Validation of credits 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 have a minimum grade point average of 2.0 at the end of the first grading period. Students who do not meet this requirement shall have credits validated using the Alternative Validation Procedure, as outlined in subsection (4)(3) of this rule.

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

(a) Portfolio evaluation by the superintendent or designee;

(b) Written recommendation by a Florida certified teacher selected by the parent and approved by the principal;

(c) Demonstrated performance in courses taken through dual enrollment or at other public or private accredited schools;

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

(e) Demonstrated proficiencies on the FCAT and on EOC assessment(s) for course(s) that require a passing score on an EOC assessment in order to award course credit; or

(f) 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 (4)(3)(d) and (e) of this rule if required.

Rulemaking Specific Authority 1003.25(3), 1008.22(13) FS. Law Implemented 1003.25(3), 1008.22(9)(b) FS. History–New 8-28-00, Formerly 6-1.099, Amended 9-22-03,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, Division of Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 14, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 4, 2011