State Board of Education Administrative Rules

State Board Rule 6A-6.079 – Charter School Review Commission

Effective August 29, 2023

Charter schools are required to match their educational program to the K-12 Reading Plan in the charter application.  This rule is the setup for the plans.

https://www.flrules.org/gateway/RuleNo.asp?id=6A-6.0792

6A-6.0792 Charter School Review Commission.

(1) Purpose. The purpose of this rule is to set forth the process by which the Charter School Review Commission will review charter school applications and subsequently inform the applicant and sponsor on whether the Commission has approved or denied an application.

(2) Definitions.

(a) “Applicant” means the proposed charter school.

(b) “Commission means the Charter School Review Commission. 

(c) “Department” means the Florida Department of Education.

(d) “Institute” means the entity selected by the Department pursuant to s. 1002.3301, F.S., for purposes of providing administrative and technical assistance by reviewing and providing an analysis of charter school applications submitted to the Commission.

(e) “Sponsor” means a district school board of the school district in which the proposed charter school will be located.

(3) The Commission.

(a) The Commission must consist of seven (7) members who have charter school experience, selected by the State Board of Education and subject to confirmation by the Senate.

(b) The Commissioner of Education must designate one member as the chair. Each member must be appointed to a 4-year term. However, for the purpose of achieving staggered terms, of the initial appointments, three (3) members must be appointed to 2-year terms and four (4) members must be appointed to 4-year terms. All subsequent appointments must be for 4-year terms.

(4) Application submission.

(a) In order to request an application review from the Charter School Review Commission, an applicant must submit a completed Model Florida Charter School Application to the Institute using Form IEPC-M1, incorporated by referenced in Rule 6A-6.0786, F.A.C., which may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org. Information on the Institute’s method of receiving applications electronically also may be obtained at http://www.floridaschoolchoice.org.

(b) In addition to IEPC-M1, an applicant must submit the Standard Letter of Intent for Commission Review, incorporated in this rule as IEPC-LOI, effective November 2023 (http://www.flrules.org/Gateway/reference.asp?No=Ref-16021), which may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org.

(c) Within three (3) calendar days after an applicant submits an application to the Institute, the applicant must also provide a copy of the application to the school district in which the proposed charter school will be located. Within thirty (30) calendar days after receiving a copy of the application, the school district may provide input using the Standard Form for District School Board Input, Form IEPC-INP, effective November 2023, (http://www.flrules.org/Gateway/reference.asp?No=Ref-16022) incorporated by reference in this rule, and which may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org.

(5) Application review.

(a) Within twenty- four (24) hours of receiving an application, the Institute must notify the Department of the date and time the application was received, the applicant’s name, and the proposed sponsor.

(b) The Institute must complete its review of an application no later than thirty (30) days prior to the scheduled meeting of the Commission.

(c) The Institute must conduct a complete and thorough review of the application.  The Institute, at its discretion, may request additional or supplemental information from the applicant, or the sponsor in which the proposed charter school will be located, and must consider such information.

(d) The application review must include an interview of the applicant’s team. The interview may be conducted via electronic means.

(e) The Institute must consider input from the district in which the proposed charter school would be located as described in paragraph (4)(c) of this rule.

(6) Recommendations to the Commission.

(a) Upon completion of the application review and no later than thirty (30) days prior to the scheduled meeting of the Commission, the Institute must submit its recommendation to the Department using Form IEPC-M2, Florida Charter School Application Evaluation Instrument, incorporated by reference in Rule 6A-6.0786, F.A.C. Form IEPC-M2 may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org.

(b) With its recommendation, the Institute must also submit to the Department a summary document describing the Institute’s analysis of the application and addressing any specific concerns asserted by the proposed sponsor.

(c) Any documents or information used or relied upon in analyzing the application and making the recommendation, including available transcripts, must be submitted to the Department with the recommendation and summary document.

(7) Meetings of the Commission.

(a) General requirements.

1. All meetings of the Commission must be publicly noticed and open to the public.

2. A majority of the members of the Commission constitutes a quorum.

3. A majority of the Commission will meet four (4) times each year, or as required.

4. Meeting dates of the Commission will be published on an annual basis on the Department’s website at http://www.floridaschoolchoice.org, or may be obtained from the Office of Independent Education and Parental Choice, 325 W. Gaines Street, Tallahassee, Florida 32399-0400.

(b) Commission meeting procedures for considering complete applications.

1. To have an application considered during a meeting of the Commission, an applicant must submit a completed application pursuant to subsection (4) of this rule at least ninety (90) days prior to the date the Commission is scheduled to meet. Applications submitted less than ninety (90) days before that date will be considered at a future meeting, or the next available date.

2. At the Commission meeting in which the applicant’s application is being considered for approval, the applicant may present information on its application before the Commission for a maximum of five (5) minutes.

3. The Department and, as necessary, the Institute will be provided with five (5) minutes to present its analysis and recommendations to the Commission.

4. The proposed sponsor, if in attendance, may, at its discretion, address the input it provided during the application review period pursuant to paragraph (4)(c) of this rule.

5. The Commission may ask questions of the applicant, the Department, the Institute, or the sponsor, if attending the meeting.

6. Upon reviewing the application, the relevant documents, the recommendations of the Department and the Institute, and considering the information presented at the meeting, the Commission must then proceed by majority vote to either approve or deny the charter school application.

(8) Informing the applicant and sponsor of the Commission’s decision.

(a) The chair of the Commission must inform the applicant and sponsor in writing as to the whether the Commission has approved or denied the charter application

(b) Within thirty (30) days after the Commission’s decision approving the application, the district school board of the school district in which the proposed charter school will be located must provide an initial proposed charter contract to the charter school pursuant to Section 1002.33(7)(b), F.S., and Rule 6A-6.0786, F.A.C.

(c) If the application is denied, the applicant may appeal the Commission’s decision in accordance with Section 1002.33(6)(c), F.S.

Rulemaking Authority 1002.33(28), 1002.3301 FS. Law Implemented 1001.02(1), (2)(n), 1002.33,1002.3301 FS. History–New11-29-23.

State Board Rule 6A-6.053 - K-12 Reading Plan

Effective August 29, 2023

Charter schools are required to match their educational program to the K-12 Reading Plan in the charter application.  This rule is the setup for the plans.

https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.053

6A-6.053 K-12 Comprehensive Research-Based Reading Plan.

(1) Annually, school districts shall submit a K-12 Comprehensive Evidence-Based Reading Plan (CERP) for the specific use of the evidence-based reading instruction allocation by June 15. The comprehensive reading plan must be approved by the applicable school board, charter school governing board, or lab school board of trustees, for the specific use of the evidence-based reading instruction allocation, based on a root-cause analysis. By July 1 of each year, the Department shall release to each school district its allocation of appropriated funds pending plan submission. The District K-12 CERP must accurately depict and detail the role of administration (both district and school level), professional development, assessment, curriculum, and instruction in the improvement of student learning of the B.E.S.T. English Language Arts Standards as provided in Rule 6A-1.09401, F.A.C. This information must be reflected for all schools and grade levels and shared with all stakeholders, including school administrators, literacy leadership teams, literacy coaches, classroom instructors, support staff, and parents. The District K-12 CERP must ensure that:

(a) Leadership at the district and school level is guiding and supporting the initiative;

(b) The analysis of data drives all decision-making;

(c) All intensive reading interventions must be delivered by a teacher who is certified or endorsed in reading in accordance with Section (s.) 1011.62(8)(e), F.S., or instructional personnel pursuant to Section 1012.01(2), F.S., who possess a literacy micro-credential. For instructional personnel who possess a literacy micro-credential and provide intensive reading interventions, supervision must be provided by an individual certified or endorsed in reading;

(d) Measurable student achievement goals are established and clearly described;

(e) Evidence-based instructional materials and strategies have a significant effect on improving student outcomes and meet strong, moderate, or promising levels of evidence as defined in 20 U.S.C. s. 7801(21)(A)(i) and comply with Section 1001.215(8), F.S.;

(2) Evidence-Based Reading Instruction Allocation. The evidence-based reading instruction allocation is created to provide comprehensive reading instruction to students in prekindergarten through grade 12. Districts will submit a budget for the Evidence-Based Reading Instruction Allocation, including salaries and benefits, professional development, assessment, and programs/materials, tutoring and incentives pursuant to Section 1011.62(8)(d), F.S. In accordance with Section 1008.25(3)(a), F.S., budgets must be prioritized for K-3 students with substantial deficiencies in reading as identified in subsection (10) of this rule.

(3) School Literacy Leadership Teams. Districts must describe in the plan the process the principal will use to form and maintain a Literacy Leadership Team, consisting of a school administrator, literacy coach, media specialist, lead teachers, and other relevant team members, as applicable.

(4) Professional Development. The plan must make adequate provisions to require principals to:

(a) Provide the professional development required by Section 1012.98(4)(b)11., F.S., which includes training to help teachers integrate phonemic awareness, phonics, word study and spelling, fluency, vocabulary and text comprehension strategies into an explicit, systematic and sequential approach to reading instruction, including multisensory intervention strategies;

(b) Differentiate and intensify professional development for teachers based on progress monitoring data;

(c) Identify mentor teachers and establish model classrooms within the school; and

(d) Ensure that time is provided for teachers to meet weekly for professional development including lesson study and professional learning communities.

(5) Charter schools. Charter schools must utilize their proportionate share of the evidence-based reading allocation in accordance with Sections 1002.33(7)(a)2.a. and 1008.25(3)(a), F.S. All intensive reading interventions specified by the charter must be delivered in accordance with paragraph (1)(c) of this rule.

(6) Literacy Coaches.

(a) If the funding of literacy coaches is part of the Evidence-Based Reading Instruction Allocation budget, literacy coaches must be assigned to schools determined to have the greatest need based on student performance data in reading.

(b) Districts must use the Just Read, Florida! literacy coach model or explain the evidence-based coaching model used in their district and how they will monitor the implementation and effectiveness of the coaching model.

(c) The Just Read, Florida! literacy coach model is described below:

1. The literacy coach will serve as a stable resource for professional development throughout a school to generate improvement in reading and literacy instruction and student achievement. Coaches will support and provide initial and ongoing professional development to teachers in:

a. Each of the major reading components, as needed, based on an analysis of student performance data;

b. Administration and analysis of instructional assessments; and

c. Providing differentiated instruction and intensive interventions.

2. Coaches will:

a. Model effective instructional strategies for teachers in whole and small group instruction;

b. Collect and use data on instructional practices to inform and implement professional learning activities;

c. Train teachers to administer assessments, analyze data, and use data to differentiate instruction;

d. Coach and mentor teachers daily;

e. Work with teachers to ensure that evidence-based reading strategies and programs grounded in the science of reading are implemented with fidelity;

f. Participate in literacy leadership teams;

g. Continue to grow professionally to increase knowledge of and ability to apply effective pedagogy and andragogy;

h. Prioritize time to teachers, activities, and roles that will have the greatest impact on student achievement in reading; and

i. Work with school principals to plan and implement a consistent program of improving reading achievement using evidence-based strategies that demonstrate a statistically significant effect on improving student outcomes as defined in 20 U.S.C. s. 7801(21)(A)(i).

3. Coaches are prohibited from performing administrative functions that will detract from their role as a literacy coach and must limit the time spent on administering or coordinating assessments.

(d) Minimum Qualifications. Literacy coaches must have a minimum of a bachelor’s degree and be endorsed or K-12 certified in reading. Literacy coaches must have an effective or highly effective rating from the most recently available evaluation that contains student performance data. Literacy coaches must exhibit specialized knowledge of evidence-based reading instruction grounded in the science of reading, infusing evidence-based reading strategies into content area instruction, and data management skills. They must have a strong knowledge base in working with adult learners. Coaches must be excellent communicators with outstanding presentation, interpersonal, and time management skills.

(7) District-level monitoring of the District K-12 CERP Implementation. The plan must demonstrate adequate provisions for:

(a) Monitoring the level of implementation of the District K-12 CERP at the school level, including an explanation of the data that will be collected, the frequency of review, and actions for continuous support and improvement. Districts must also explain how concerns are communicated if it is determined that the District K-12 CERP is not being implemented in a systematic and explicit manner, based on data to meet the needs of students.

(b) Reporting of data elements as required by the District K-12 CERP within the Comprehensive Management Information System as provided in Rule 6A-1.0014, F.A.C. These data elements include:

1. Student Enrollment in Reading Interventions;

2. Reading Endorsement competency status for teachers;

3. Reading Certification progress status for teachers; and,

4. Literacy Micro-Credential status for instructional personnel.

(c) Evaluating District K-12 CERP implementation and impact on student achievement.

1. Districts must annually evaluate the implementation of their District K-12 CERP on the form entitled District K-12 CERP Reflection Tool, after conducting a root-cause analysis of student performance data to evaluate the effectiveness of interventions.

2. The evaluation must:

a. Analyze elements of the district’s plan, including literacy leadership, literacy coaching, standards, curriculum, instruction, interventions, assessment, professional learning, tutoring services, and family engagement;

b. Include input from teachers, literacy coaches, and administrators at the school level;

c. Identify elements in need of improvement and evidence-based strategies to increase literacy outcomes for students; and

d. Analyze the effectiveness of interventions implemented in the prior year.

3. Districts must submit the District K-12 CERP Reflection Tool to the Just Read, Florida! Office by May 15 of each year.

4. The district must use the evaluation to improve implementation of the district’s plan for the following school year to increase student achievement.

(8) School-level monitoring of District K-12 CERP Implementation.

(a) Districts must describe the process used by principals to monitor implementation of the reading plan, including frequent reading walkthroughs conducted by administrators.

(b) Districts must describe how principals monitor collection and utilization of assessment data, including progress monitoring data, to inform instruction and support needs of students.

(9) Assessment, Curriculum, and Instruction.

(a) K-12 reading instruction will align with Florida’s Formula for Success, 6 + 4 + T1 + T2 + T3, which includes the following:

1. Six (6) components of reading: oral language, phonological awareness, phonics, fluency, vocabulary, and comprehension;

2. Four (4) types of classroom assessments: screening, progress monitoring, diagnostic, and summative;

3. Three (3) tiers of instruction that are standards-aligned; include accommodations for students with a disability, students with an Individual Educational Plan (IEP), and students who are English language learners; and incorporate the principles of Universal Design for Learning as defined in 34 C.F.R. 200.2(b)(2)(ii);

a. Core Instruction (Tier 1): provides print-rich explicit and systematic, scaffolded, differentiated instruction, and corrective feedback; builds background and content knowledge; incorporates writing in response to reading;

b. Supplemental Instruction/Interventions (Tier 2): provides explicit, systematic, small group teacher-led instruction matched to student need, targeting gaps in learning to reduce barriers to students’ ability to meet Tier 1 expectations; provides multiple opportunities to practice the targeted skill(s) and receive corrective feedback; occurs in addition to core instruction; and

c. Intensive, Individualized Instruction/Interventions (Tier 3): provides explicit, systematic, individualized instruction based on student need, one-on-one or very small group instruction with more guided practice, immediate corrective feedback, and frequent progress monitoring; and occurs in addition to core instruction and Tier 2 interventions. Tier 3 interventions must be provided to students identified as having a substantial reading deficiency as defined in subsection (10) of this rule. All intensive reading interventions must be delivered in accordance with paragraph (1)(c) of this rule.

(b) Elementary schools must teach reading in a dedicated, uninterrupted block of time of at least ninety (90) minutes duration daily to all students. The reading block will include whole group instruction utilizing an evidence-based sequence of reading instruction and small group differentiated instruction in order to meet individual student needs.

(c) Data from the results of progress monitoring and formative assessments will guide differentiation of instruction and interventions in the classroom.

(d) Districts are required to develop Assessment/Curriculum Decision Trees to demonstrate how data will be used to determine specific reading instructional needs and interventions for all students in grades K-12. The chart must include:

1. Name of assessment(s): screening, progress monitoring, diagnostic, local assessment data, statewide assessments, or teacher observations in use within the district. For students in the Voluntary Prekindergarten Education Program through grade 10, the coordinated screening and progress monitoring system must be administered pursuant to Section 1008.25(8)(b), F.S., and included as a component of the Assessment/Curriculum Decision Trees.

2. Targeted audience (grade level);

3. Performance criteria used for decision-making for each instrument listed in subparagraph (9)(d)1. of this rule at each grade level;

4. Assessment/curriculum connection;

5. The decision trees must include specific criteria for when students are identified to receive intensive reading interventions, what intensive reading interventions will be used, how the intensive reading interventions are provided, and assurance that intensive reading interventions are delivered in accordance with paragraph (1)(c) of this rule.

6. Districts must identify the multisensory interventions provided to students in grades K-3 who have a substantial deficiency in reading.

(10) Identification of Students with a Substantial Reading Deficiency. In accordance with Section 1008.25(4)(c), F.S., students identified with a substantial reading deficiency as determined in Section 1008.25(5)(a), F.S., must be covered by a federally required student plan, such as an Individual Educational Plan (IEP) or an individualized progress monitoring plan, or both, as necessary. A kindergarten through grade 3 student is identified as having a substantial deficiency in reading if the following criteria are met:

(a) For kindergarten, the student scores below the tenth (10th) percentile or is unable to complete the practice items on the designated grade-level assessment at the beginning, middle, or end of the year on the coordinated screening and progress monitoring system pursuant to Section 1008.25(8), F.S., and the student has demonstrated, through progress monitoring, formative assessments, or teacher observation data, minimum skill levels for reading competency in one or more of the areas of phonological awareness; phonics; vocabulary, including oral language skills; fluency; and comprehension;

(b) For grades 1 and 2, the student scores below the tenth (10th) percentile or is unable to complete the practice items on the designated grade-level assessment for the specified testing window of the coordinated screening and progress monitoring system pursuant to Section 1008.25(8), F.S., and the student has demonstrated, through progress monitoring, formative assessments, or teacher observation data, minimum skill levels for reading competency in one or more of the areas of phonological awareness; phonics; vocabulary, including oral language skills; fluency; and comprehension; or

(c) For grade 3, the student scores:

1. Below the twentieth (20th) percentile at the beginning or middle of the year on the coordinated screening and progress monitoring system pursuant to Section 1008.25(8), F.S., and the student has demonstrated, through progress monitoring, formative assessments, or teacher observation data, minimum skill levels for reading competency in one or more of the areas of phonological awareness; phonics; vocabulary, including oral language skills; fluency; and comprehension; or

2. Level 1 on the end of the year statewide, standardized English Language Arts assessment pursuant to Section 1008.22(3)(a), F.S.

(11) Family Engagement through a Read-at-Home Plan. In accordance with Section 1008.25(5)(c), F.S., the parent of any student who exhibits a substantial deficiency in reading, as identified in accordance with subsection (10) of this rule, must be provided a read-at-home plan, including multisensory strategies, that the parent can use to help with reading at home.

(12) Summer Reading Camps. For summer reading camps required by Section 1008.25(7), F.S., districts must:

(a) Provide instruction to grade 3 students who score Level 1 on the statewide, standardized English Language Arts assessment;

(b) Implement evidence-based, explicit, systematic, and multisensory reading instruction in phonemic awareness, phonics, fluency, vocabulary, and comprehension; and

(c) Provide instruction by a teacher endorsed or certified in reading.

(13) The following documents are incorporated by reference in this rule:

(a) District K-12 CERP Reflection Tool, Form No. CERP-RT, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15159) effective, February 2023;

(b) 20 U.S.C. s. 7801(21)(A)(i) (http://www.flrules.org/Gateway/reference.asp?No=Ref-12691), effective, December 10, 2015; and

(c) 34 C.F.R. s. 200.2(b)(2)(ii) (http://www.flrules.org/Gateway/reference.asp?No=Ref-12692), effective, December 8, 2016.

These documents may be obtained from the Department at https://www.fldoe.org/academics/standards/just-read-fl/readingplan.stml.

State Board Rule 6A-6.0781 - Charter Appeals

Effective November 21, 2017

This rule discusses the process for appealing a denial of a charter application.

https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.0781

6A-6.0781 Procedures for Appealing a District School Board Decision Denying Application for Charter School.

The procedures for filing and reviewing all appeals to the State Board of Education under provisions of Section 1002.33(6), F.S., shall be as follows:

(1) Appealing a Charter School Application Denial. The district school board letter of denial required by Section 1002.33(6)(b)3.a., F.S., shall be provided to the applicant by the district school board via certified mail unless the applicant agrees in writing to accept receipt by hand delivery, regular mail, facsimile or electronic mail. Receipt of delivery shall be documented and filed with the Agency Clerk for the Department of Education. Within thirty (30) days after receipt by certified mail, or other verified mode of transmittal as provided by the parties’ agreement, the decision of a district school board denying an application for a Charter School, the charter applicant may appeal the decision by submitting one (1) electronic copy and five (5) hard copies of the appeal to the Agency Clerk for the Department of Education, 325 West Gaines Street, Room 1520, Tallahassee, Florida 32399-0400.

(a) A copy of the appeal shall be sent by the applicant via regular mail or hand delivery, or by other mode of transmittal as provided by the parties’ agreement, to the district school board, via the Superintendent or a designee of the Superintendent as specified within the letter of denial on or before the date of filing with the Agency Clerk. The applicant shall certify that it has provided the district school board a copy of the appeal as provided herein by filing a certificate of service with the Agency Clerk stating the person and address to which the copy was provided and the date of mailing or other transmittal. The State Board of Education does not have jurisdiction to hear late-filed appeals. The appeal must include: name and address of applicant; name and address of the district school board; date of the district school board decision; name and address of applicant’s attorney or representative of record, if any; and written argument limited to due process and the reasons for denial identified in the district school board’s notice of denial.

(b) The Charter School application, Form IEPC-M2 Florida Charter School Application Evaluation Instrument as incorporated by reference in Rule 6A-6.0786, F.A.C., available transcripts of all meetings before the district school board in which the decision was considered, and all documents considered by the district school board in making its decision shall constitute the record on appeal and shall be filed as exhibits to the appeal.

(c) Within thirty (30) days after receipt of the appeal the district school board shall file one (1) electronic copy and five (5) hard copies of its written arguments with the Agency Clerk for the Department of Education and certify that it has provided a copy to the charter school applicant or representative identified in the applicant’s appeal by U.S. Mail, hand delivery, or other agreed upon mode of transmittal. The district school board shall file with its written arguments all documents considered by the district school board in making its decision that were not filed as exhibits to the applicant’s appeal. The written arguments are limited to the reasons for denial identified in the district school board’s notice of denial and any issues raised by the applicant in its appeal.

(d) Such written arguments required from both parties shall not exceed twenty (20) pages exclusive of any exhibit. The Chair of the Charter School Appeal Commission may grant leave to exceed the page limit only when necessary for both parties to address an extraordinarily large or complex set of issues on appeal. Written arguments may be produced by any duplicating or copying process which produces a clear black image on white paper. All written arguments shall be on 8 1/2'' x 11'' inch paper, double spaced, except quoted material and footnotes. Typewritten text, including footnotes must be no smaller than ten (10) pitch spacing, and there must be no more than twenty-six (26) lines of text per paper. Margins shall be no less than one inch at the top, bottom, left and right. All written arguments and exhibits must be bound with tabs for each exhibit with a table of contents detailing each section. Electronic and hardcopy appeal documents shall be numbered consecutively throughout the entire submission with no breaks.

(e) Failure to meet the requirements herein specified may cause rejection of the submission by the Chair of the Charter School Appeal Commission, where the failure could result in prejudice to the opposing party. The rejection shall describe the submission errors and the filing party shall have fifteen (15) days to resubmit an appeal that meets the requirements herein.

(2) Procedures for Charter School Appeals. Upon receipt of a timely filed appeal by a Charter School applicant, the Commissioner of Education or designee, shall convene a meeting of the Charter School Appeal Commission to consider the appeal, with at least seven (7) days notice to the applicant and the district school board of that hearing date.

(a) At the hearing before the Charter School Appeal Commission, each party will be given a maximum of ten (10) minutes to allow representative(s) to summarize the written arguments previously submitted. Each party will also be given additional time, as determined by the Chair of the Charter School Appeal Commission, to individually address each of the reasons for denial. No evidence will be received or testimony presented, only oral argument, will be heard by the Charter School Appeal Commission at this time.

(b) The Charter School Appeal Commission may question the parties. During these questions, the Charter School Appeal Commission may, in its discretion, request information to clarify the documentation presented to it by the charter school applicant and the district school board, as set forth in the appeal and exhibits thereto. Ex parte communications with either party or communication among commission members regarding the appeal is prohibited.

(c) Upon reviewing the record on appeal and hearing oral summaries of written arguments, if presented, and consideration of the answers to questions, if asked, the Charter School Appeal Commission shall then proceed by majority vote to either accept or reject the decision of the district school board.

(d) The Charter School Appeal Commission’s recommendation, record on appeal, written arguments of the parties, and a copy of the Charter School Appeal Commission transcripts will be forwarded to the State Board of Education.

(e) The State Board of Education shall consider the appeal and the Charter School Appeal Commission’s recommendation at the next scheduled State Board of Education meeting and no later than ninety (90) calendar days after an appeal is filed. Each party shall have five (5) minutes to summarize their arguments. Additionally, the State Board of Education may, in its discretion, ask questions to clarify the issues on appeal. Ex parte communications with either party or communication among board members regarding the appeal is prohibited. The State Board of Education shall approve or deny the appeal.

(3) Motions.

(a) Motions before the Charter School Appeal Commission or State Board of Education shall be filed with the Agency Clerk in the same format as required in paragraph (1)(d) of this rule, except that they are limited to three (3) pages. Motions shall include a statement that the movant has conferred with the other party, shall state whether such party has any objection to the motion, and shall certify that the other party has been served with a copy of the motion. If there is an objection, the other party may file a response, subject to the same filing requirements as the motion, within five (5) business days of receipt of the motion, or the day before the hearing, whichever occurs first. A request for extension of the deadline or leave to exceed the maximum page limit must be requested prior to the date the motion or response is due and may be granted only where the opposing party will not be prejudiced. Oral arguments shall not be requested, but may be scheduled at the discretion of the ruling entity.

(b) The Chair of the Charter School Appeal Commission shall rule upon evidentiary, procedural, and non-jurisdictional motions submitted prior to the commission hearing.

(c) The Commissioner of Education shall rule upon evidentiary, procedural, and non-jurisdictional motions submitted before the State Board of Education. All other motions shall be ruled upon by the State Board of Education.

State Board Rule 6A-6.0784 - Charter School Governance Training

Effective December 15, 2009

This rule discusses the requirement of charter schools to receive training prior to opening their school from the state of Florida or alternatively from the sponsor.

https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.0784

6A-6.0784 Approval of Charter School Governance Training.

The following provisions are established for the approval of charter school governing board training submitted to the Florida Department of Education for approval pursuant to Section 1002.33, F.S.

(1) General training requirements.

(a) Beginning with the effective date of this rule, every member of the governing body of a charter school operating in Florida shall participate in governance training. The charter school governance training must meet the requirements of this rule and be approved by the Department. Governing boards composed entirely of “school officers”, as defined by Section 1012.01, F.S., may meet the requirements of this rule by complying with the procedures set forth in subsection (6) of this rule.

(b) Each governing board member must complete a minimum of four (4) hours of instruction focusing on government in the sunshine, conflicts of interest, ethics, and financial responsibility as specified in Section 1002.33(9)(k), F.S. After the initial four (4) hour training, each member is required, within the subsequent three (3) years and for each three (3) year period thereafter, to complete a two (2) hour refresher training on the four (4) topics above in order to retain his or her position on the charter school board. Any member who fails to obtain the two (2) hour refresher training within any three (3) year period must take the four (4) hours of instruction again in order to remain eligible as a charter school board member.

(c) New members joining a charter school board must complete the four (4) hour training within 90 days of their appointment to the board.

(d) Instruction beyond the hours specified in paragraphs (1)(b) and (c) of this rule may be included in the training plan to address additional topics generally recognized and supported by research or practitioners as important for effective governing board operation.

(e) Each charter school is responsible for contracting with or providing a trainer who delivers governance training consistent with a governance training plan that has been approved by the Department.

(2) Governance training plans.

(a) For the purpose of this rule, a training plan is a written instructional document describing the instructional design for charter school governing board training which includes measurable performance objectives, instructional content, delivery strategies, learning activities, and assessment for training to fulfill the statutory requirements for charter school governing board instruction focusing on government in the sunshine, conflicts of interest, ethics, and financial responsibility as specified in Section 1002.33(9)(k), F.S. The training plan may include, but need not be limited to, traditional instructional settings, individualized learning modules, and online education.

(b) A governance training plan submitted for review and approval by the Department shall address each of the following components:

1. Description of the content to be delivered that fulfills all topics identified in Section 1002.33(9)(k), F.S., and is consistent with the hours of instruction specified in paragraphs (1)(b) and/or (1)(c) of this rule;

2. Additional topics to be addressed during the training;

3. Measurable learning objectives that specify the performance required;

4. Description of instructional strategies, activities and presentation materials;

5. Methods to be used to measure the stated learning objectives, overall training performance, and provider effectiveness;

6. Length of time required for training;

7. References used in developing the training;

8. Certification that the training has been developed and is owned by the provider or that the provider is licensed to use the training for purposes pursuant to Section 1002.33, F.S.; and,

9. Qualifications and experience of all persons who will be actively involved in providing training.

(3) Submission and review of training plans.

(a) Potential training providers shall complete Form IEPC-9, Charter School Governance Training, Training Plan Approval Application, for submitting a charter school governance training plan for review and approval. Form IEPC-9 is hereby incorporated by reference to become effective with the effective date of this rule. Copies of the form may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(b) After completing and signing the form, a training provider seeking approval must submit the original and three (3) copies of the form, or an original and an electronic copy on a CD saved as a PDF file, to the Office of Independent Education and Parental Choice as described on the form. The Department will conduct two review periods each year, with deadlines for submitting applications on or before May 1 and on or before October 1. This requires that all applications and supporting documentation must be received by the Department on or before these dates.

(c) The Commissioner of Education shall appoint a review team to review charter school governance training plans. The review team shall be composed of individuals with knowledge in education, finance, governance and law. A training plan submitted for approval to the Department will be reviewed within thirty (30) days of the deadlines listed in paragraph (3)(b) of this rule to determine compliance with the components identified in paragraph (2)(b) of this rule.

(d) The review team’s findings will be consolidated and provided as recommendations to the Commissioner or designee. Using the recommendations of the review team, the Commissioner shall determine if the provider has met the criteria for approval or denial. Within ten (10) working days following the Commissioner’s determination, the Department shall send a written notification to the proposed provider regarding the outcome of the training plan review.

(e) The names of training providers whose training plans have been approved to meet requirements of Section 1002.33(9)(k), F.S., will be posted on the Department’s website at http://www.floridaschoolchoice.org and will be available in hard copy upon request to the Office of Independent Education and Parental Choice.

(f) A notice of denial shall be sent to proposed training providers who submitted plans that do not comply with the components identified in paragraph (2)(b) of this rule. The notice of denial will identify specific areas of program weakness that must be corrected prior to reconsideration for approval. The provider may correct the application and resubmit on the next available submission deadline outlined in paragraph (3)(b) of this rule.

(4) Length of approval and renewal of training plans.

(a) Each approval or extension shall be granted for a period of time determined by the Department of Education, but shall not exceed two (2) years from the date of approval.

(b) No earlier than six (6) months prior to the expiration of approval, a training provider may submit a request for renewal of an approved training plan by completing and submitting Form IEPC-10, Charter School Governance Training, Application to Renew an Approved Training Plan. Form IEPC-10 is hereby incorporated by reference to become effective with the effective date of this rule and will be available electronically on the Department’s website at http://www.floridaschoolchoice.org or may be obtained from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(c) A request for training plan renewal submitted for approval to the Department will be reviewed within thirty (30) days of receipt to determine continued compliance with the components identified in paragraphs (1)(b) and (2)(b) of this rule. Within ten (10) working days following the Commissioner’s determination, the provider will be notified in writing of the Department’s decision to renew the plan or not to renew. If a training plan is not renewed, a provider may submit a new training plan to the Department as described in paragraphs (3)(a) and (b) of this rule.

(5) Report of governing board training.

(a) Each training provider offering an approved training program in accordance with this rule shall submit a report of each governing board’s training to the Department and a copy of the report to the charter school director within thirty (30) days of the training. The charter school director is responsible for providing a copy of the report to the school’s sponsor within ten (10) days of receiving the report from the trainer.

(b) The report shall be submitted using the IEPC-11 form. Form IEPC-11 is hereby incorporated by reference to become effective with the effective date of this rule. Copies of the form may be obtained electronically on the Department’s Web site. The report shall be submitted electronically to the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(c) Each training provider offering an approved charter school governance training program shall provide a certificate of participation to every governing board member who completes the training and achieves the training objectives as stated in the training plan.

(6) A charter school governing board composed entirely of “school officers” as defined in Section 1012.01, F.S., may comply with the requirements of this rule by providing documentation that they have received charter school governance training consistent with this rule. Documentation of charter school governance training shall be submitted to the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Suite 522, Tallahassee, Florida 32399-0400, and must include:

(a) Date and location of charter school governance training received.

(b) Name, contact information, qualifications, and experience of all persons actively involved in providing charter school governance training.

State Board Rule 6A-6.0786 - Model Forms

Effective December 22,2019

This rule establishes the model application forms that districts are to use for charter school applications.

https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-6.0786

6A-6.0786 Forms for Charter School Applicants and Sponsors.

(1) Persons or entities submitting a charter school application must use Form IEPC-M1, Model Florida Charter School Application, effective December 2019 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11357), pursuant to Section 1002.33, F.S. Form IEPC-M1 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(2) Sponsors shall evaluate Model Florida Charter School Applications using Form IEPC-M2, Florida Charter School Application Evaluation Instrument, effective December 2019 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11358). Form IEPC-M2 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(3) Upon approval of a charter school application, the sponsor shall have thirty (30) days to propose an initial proposed charter contract to the charter school. The sponsor shall use Form IEPC-SC, Florida Standard Charter Contract, effective December 2019, (http://www.flrules.org/Gateway/reference.asp?No=Ref-11359), as the basis for the initial draft contract. Proposed deletions to Form IEPC-SC must be displayed as strike-through text. Proposed additions to form IEPC-SC must be displayed as underlined text. The applicant and the sponsor have forty (40) days thereafter to negotiate and notice the charter contract for final approval by the sponsor unless both parties agree to an extension. Additional components may be included in a charter school contract if mutually agreed upon by both parties. Form IEPC-SC is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(4) For all charter contract renewals, charter schools and their sponsors shall use the Florida Standard Charter Renewal Contract (Form IEPC-SCR). This shall be the basis for the renewal draft contract. Proposed deletions to Form IEPC-SCR must be displayed as strike-through text. Proposed additions to form IEPC-SCR must be displayed as underlined text. Additional components may be included in a charter school renewal contract if mutually agreed upon by both parties. Form IEPC-SCR is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-11360) effective December 2019 and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(5) A high-performing charter school system may replicate its high-performing charter schools in any school district in the state. The applicant must submit an application using Form IEPC-HPS1, the Model Florida Charter School Application High-Performing Charter School System Replication (http://www.flrules.org/Gateway/reference.asp?No=Ref-08911), effective January 2018, pursuant to Section 1002.332(2)(b), F.S. Form IEPC-HPS1 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(6) Sponsors shall evaluate high-performing system replication applications using Form IEPC-HPS2, the Model Florida Charter School Application High-Performing Charter School System Replication Evaluation Instrument (http://www.flrules.org/Gateway/reference.asp?No=Ref-08912), effective January 2018. Form IEPC-HPS2 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(7) Persons or entities submitting a virtual charter school application must use Form IEPC-VI, Model Florida Virtual Charter School Application, effective February 2016, (http://www.flrules.org/Gateway/reference.asp?No=Ref-06304), pursuant to Section 1002.33, F.S. Form IEPC-VI is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(8) Sponsors shall evaluate Model Florida Virtual Charter School Applications using Form IEPC-V2, Florida Virtual Charter School Application Evaluation Instrument, effective February 2016 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06305). Form IEPC-V2 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(9) Applicants completing Addenda A, B, or C, pursuant to the model application shall use Form IEPC-M1A, Applicant History Worksheet, (http://www.flrules.org/Gateway/reference.asp?No=Ref-05518), effective August 2015. Form IEPC-M1A is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.fldoe.org/schools/school-choice/, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400.

Rulemaking Authority 1002.33(6), (28) FS. Law Implemented 1002.33(6), (21), 1002.331, 1002.332(2) FS. History–New 10-25-10, Amended 7-9-12, 12-23-14, 8-6-15, 2-9-16, 12-20-16, 1-1-18, 12-22-19.

State Board Rule 6A-6.0791 Special Magistrate for Unresolved Student Welfare Complaints at Charter Schools

Effective August 22, 2022

The purpose of this rule is to provide information about the process for a parent of a student enrolled in a charter school to request appointment of a Special Magistrate for disputes involving the student’s health, safety, or welfare as described in Section 1001.42(8)(c), F.S.

https://www.flrules.org/gateway/ruleNo.asp?id=6A-6.0791

6A-6.0791 Special Magistrate for Unresolved Student Welfare Complaints at Charter Schools.

(1) Purpose. The purpose of this rule is to provide information about the process for a parent of a student enrolled in a charter school to request appointment of a Special Magistrate for disputes involving the student’s health, safety, or welfare as described in Section 1001.42(8)(c), F.S.

(2) Definitions. In this rule, the terms have the following meaning:

(a) “Days” means business days and excludes state, federal and school district holidays;

(b) “Department” means the Florida Department of Education;

(c) “Parental Request for Appointment of a Special Magistrate for Charter School Students” or “Parental Request” means the written form adopted by and incorporated into this rule.

(d) “Parent” means the definition of that term provided in Section 1000.21, F.S.;

(e) “Parties” means the parent who submitted a request for appointment of a Special Magistrate and the school district and charter school governing board;

(f) “Special Magistrate” means an administrative law judge provided by the Division of Administrative Hearings under Section 120.65(6), F.S., or a person appointed by the Commissioner of Education who is a member of the Florida Bar in good standing with a minimum of five years of administrative law experience;

(3) Parental Obligations. In order to request appointment of a Special Magistrate, a parent must:

(a) Complete the form entitled “Parental Request for Appointment of a Special Magistrate for Charter School Students;”

(b) Describe the nature of the dispute;

(c) Describe the resolution or relief sought with the charter school principal or designee appointed by the charter school governing board and subsequently, with the school district that sponsors the charter school;

(d) Describe the resolution sought from the Special Magistrate and the State Board of Education;

(e) Demonstrate that before filing for the appointment of a Special Magistrate, resolution of the dispute was sought by the parent with:

1.The principal or designee appointed by the charter school governing board to resolve parental disputes; and

2. The school district, all in accordance with the procedures adopted by the school district for resolution of the dispute:

(f) Provide and maintain accurate contact information such as an email address, telephone number and mailing address for the parent.

(4) School District Obligations. Each school district must:

(a) Develop procedures to resolve student health, safety, or welfare complaints under Section 1001.42(8)(c), F.S., for a student who is enrolled in a charter school sponsored by the district. These procedures must include the following:

1. The process for resolution when the charter school principal or designee is unable to resolve the dispute to the parent’s satisfaction;

2. Providing a parent with a statement of the reasons for not resolving the dispute, when the district is unable to resolve the complaint; and

3. The time limits for a response or notice of reasons for not resolving the dispute, which must be no more than 30 days from receipt of the complaint.

(b) Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate for charter school student complaints and notify the Department of the name and email address of the individual;

(c) Within five (5) days of receipt of notice that a parent has requested the appointment of a Special Magistrate as described in subsection (3), provide to the Department a statement addressing whether any of the grounds for dismissal as described in paragraph (7)(b) of this rule apply to the parental request for appointment of a Special Magistrate; and

(d) Expeditiously contract for payment of a Special Magistrate appointed by the Commissioner of Education and notify the Department within no more than twenty (20) days after receiving notice of the appointment of a Special Magistrate that an agreement has been reached for payment with the appointed Special Magistrate.

(5) Charter School Governing Board’s Obligations. To ensure that the Special Magistrate process is available to a parent of a student enrolled in a charter school, a charter school governing board must:

(a) Adopt procedures to notify parents of the following:

1. The ability to seek relief from the school principal or designee for a dispute under Sections 1001.42(8)(c)1.-7., F.S.;

2. If the parent remains aggrieved after receiving the response from the principal or designee, the ability to seek relief from the school district that sponsors the charter school; and

3. The time limits for a response, which must be no more than seven days from receipt of the complaint for the principal/designee and no more than 30 days from receipt of the complaint for the school district.

(b) Fully cooperate in the district’s resolution procedures and comply with the district’s decision for resolution of the complaint; and

(c) Designate at least one person responsible for responding to Departmental inquiries regarding a request for appointment of a Special Magistrate and notify the Department of the name and email address of the individual.

(6) Financial Costs Related to Disputes Involving Special Magistrate Process for Charter School Students. All costs a district incurs for reviewing and responding to a complaint lodged by a parent of a student enrolled in a charter school under this rule, is a service provided by the school district to the charter school; contracts for such services are limited to the district’s actual costs unless mutually agreed to by the school district and charter school, based upon the provisions of Section 1002.33(20)(b), F.S.

(7) Department of Education Obligations.

(a) Review of “Parental Request for Appointment of a Special Magistrate for Charter School Students.” Upon receipt of the form entitled “Parental Request for Appointment of a Special Magistrate for Charter School Students,” the Department will:

1. Review the form and provide an opportunity for the parent to provide missing or supplemental information within twenty (20) days of receipt of a Departmental notice that missing or supplemental information is needed;

2. Notify the charter and the school district of receipt of the Parental Request for Appointment of a Special Magistrate for Charter Schools; and

3. Provide written notice to the parent, charter school and school district that the request has been provided to the Commissioner of Education for consideration or provide notice of dismissal of the Parental Request.

(b) Dismissal of Parental Request for Appointment of Special Magistrate by the Department. The Department will dismiss a Parental Request under the following circumstances:

1. The parent notifies the Department that the dispute has been resolved or withdrawn;

2. The Parental Request form has not been substantially completed, after the opportunity to provide missing or supplemental information has been provided;

3. The parent has not demonstrated full and complete use of any charter school and school district procedures for resolving the dispute;

4. The matter in dispute falls under the Individuals with Disabilities Education Act, as amended, and its implementing regulations, or under Section 1003.56, F.S., and rules adopted by the Department to implement Section 1003.56, F.S., or is otherwise outside of the scope of the student welfare requirements set forth in Sections 1001.42(8)(c)1.-7., F.S.; or

5. The parent has failed to maintain accurate contact information with the Department or the Special Magistrate.

(c) Obligations Post Appointment of Special Magistrate. Upon appointment of a Special Magistrate by the Commissioner under subsection (8) of this rule, the Department will:

1. Provide the parties notice of the appointment of a Special Magistrate and advise the parties of the following:

a. The name and contact information of the Special Magistrate;

b. The time frame when the Special Magistrate is expected to provide a written recommendation to the State Board of Education; and

c. The requirement to maintain accurate contact information with the Department and the Special Magistrate;

2.  Provide to the Special Magistrate the following:

a. The Parental Request and any supplemental information received by the Department upon review of the Parental Request; and

b. To allow sufficient time for review by the State Board of Education of a recommendation rendered by the Special Magistrate, the time frame(s) when a recommended decision is expected to be provided by the Special Magistrate to the parties and the State Board of Education. This timeframe may be extended by agreement of the parties.

(8) Commissioner of Education. The Commissioner of Education will review each pending completed Parental Request and decide whether to appoint a Special Magistrate utilizing the following factors:

(a) Whether there is authority and the ability to provide effective relief to the parent through the Special Magistrate process;

(b) Whether the parent is seeking or has already sought relief in court;

(c) Whether due to a change in circumstances, such as a change in a student’s school or grade level or a change in procedures or training, the dispute is moot or not ripe; and

(d) Whether grounds for dismissal of the Parental Request, as described in paragraph (7)(b) of this rule, are found to exist.

(9) Special Magistrate Procedures.

(a) Where an administrative law judge provided by the Division of Administrative Hearings is available and assigned to act as the Special Magistrate, proceedings before the Special Magistrate will be held in accordance with the rules of the Division of Administrative Hearings, except where inconsistent with this rule or Section 1001.42(8)(c), F.S. 

(b) Where a Division of Administrative Hearings administrative law judge is unavailable or the Commissioner appoints the Special Magistrate, the following procedures apply:

1.  The Special Magistrate shall set and notify all parties of the time and place of the hearings.

2. Any party directly involved in the proceeding may appear at the hearing with or without counsel or by other representative.

3. The parties or the Special Magistrate may call, examine, and cross-examine witnesses and enter evidence into the record. Witnesses shall be examined under oath. Evidentiary matters before the Special Magistrate shall be governed by the Administrative Procedure Act.

4. The Special Magistrate may permit the submission of written memorandum by the parties.

(c) Following the close of the hearing, the Special Magistrate shall prepare a recommended decision, determining whether a parent has demonstrated a violation of the requirements of Section 1001.42(8)(c), F.S., by the charter school. The Special Magistrate’s recommended decision shall be based upon the evidence presented and argument made before the Special Magistrate. The recommendation shall include findings of fact and recommendations for resolution of the dispute by the parties.

(d) The Special Magistrate’s recommended decision is due within thirty (30) days of the date a parent request is received by the Special Magistrate from the Department. The 30-day time frame can be extended upon agreement. A party may be deemed to have agreed to an extension if unavailable for hearing at the date and time set or where a party fails to timely respond to scheduling orders issued by the Special Magistrate.

(10) The following form is incorporated by reference and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/: Parental Request for Appointment of a Special Magistrate for Charter School Students, Form No. CSSM-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14915) (effective November 2022).

State Board Rule 6A-1.0017 – School Environmental Safety Incident Reporting (SESIR)

Effective August 22, 2023

The purpose of this rule is to set forth the requirements school districts and charter schools must use to report disruptive or criminal incidents to the Florida Department of Education so that the data can, in turn, be used in required state and federal reports. SESIR data is also used to design and evaluate interventions to provide a safe learning environment. SESIR is not a law enforcement reporting system.

https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0017

6A-1.0017 School Environmental Safety Incident Reporting (SESIR).

(1) Purpose. The purpose of this rule is to set forth the requirements school districts and charter schools must use to report disruptive or criminal incidents to the Florida Department of Education so that the data can, in turn, be used in required state and federal reports, including EdFacts, the United States Department of Education, Office for Civil Rights Data Collection (required by 20 U.S.C. 3413(c)(1)), the Gun Free Schools Act report (required by 20 U.S.C. 7961(d) and (e)), the Every Student Succeeds Act report cards (required by 20 US.C. 6311(h)(1) and (2)), and state reports on Bullying and Harassment (required by Section 1006.147, F.S.). SESIR data is also used to design and evaluate interventions to provide a safe learning environment. SESIR is not a law enforcement reporting system.

(2) Definitions.

(a) “Allegation” means a claim or assertion that someone has committed a SESIR incident, typically made without proof and prior to an investigation.

(b) “Law enforcement action” means that official action was taken by a School Resource Officer (SRO) or local law enforcement officer in response to a SESIR incident, including but not limited to: an arrest, referral to a civil citation or similar prearrest diversion program authorized by Section 985.12, F.S., or initiation of an involuntary examination authorized by Section 394.463, F.S.

(c) “Locally-defined incident” means an incident that is a violation of a local code of student conduct, but does not meet the definition of any incident reportable to SESIR.

(d) “Rank order level” means a classification of incidents, from Level I to Level IV, that determines which incident must be reported when more than one incident occurs during a single episode. The rank order level of each incident is noted under the incident definitions found in subsection (7) of this rule.

(e) “Related element” means a factor that was present during or contributed to the incident but was not the main offense. All related elements that are applicable are required to be reported with SESIR incidents.

(f) “Reported to law enforcement” means that school district or charter school staff communicated with a School Resource Officer (SRO) or other law enforcement official about an incident. Reporting to law enforcement may not always result in law enforcement action being taken.

(g) “School district” or “district” means a Florida school district, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.). All reporting requirements in this rule also apply to charter schools, pursuant to Section 1002.33(16)(b)10., F.S.

(h) “School personnel” means any person employed at a school, volunteering at a school on a temporary or permanent basis, or a third party that is contracted to provide services for the school.

(i) “Unsubstantiated” means that following an investigation, there is not enough evidence to demonstrate that the alleged incident occurred.

(3) Analysis of incidents.

(a) In order to determine whether an incident must be reported in SESIR, the following criteria must be met:

1. The incident meets one of the SESIR incident definitions listed in subsection (7); and

2. The incident occurred on a K-12 school campus, on school-sponsored transportation, during off-campus school-sponsored activities, or off campus where the incident is accomplished through electronic means, if the incident substantially disrupts the educational process or orderly operation of a school.

(b) SESIR incidents that meet the requirements of paragraph (3)(a) of this rule must be reported regardless of whether:

1.The incident was carried out by a student, a person other than a student, school personnel, or where the person who carried out the incident is unknown;

2.The victim of the incident is a student, a person other than a student, or where the victim is unknown;

3. The incident occurred when school was in session or not. SESIR incidents occur 365 days a year at any time of the day or night;

4. Disciplinary action is taken by the school district;

5. Law enforcement action is taken by an SRO or other law enforcement officer or agency;

6. The offender has the capacity to understand his or her behavior and the inappropriateness of his or her actions. However, where the offender is a student, school districts may take age, development, and disability into account when determining appropriate discipline; or

7. Criminal charges are filed by law enforcement. However, where criminal charges are issued, school districts should review to determine whether the type of incident reported should be modified.

(4) Requirement to report SESIR incidents.

(a) All incidents meeting the requirements of subsection (3) of this rule must be reported by school districts to the Department of Education.

(b) A school district must not report an incident which meets the requirements of subsection (3) of this rule as a locally-defined incident in lieu of reporting the incident to the Department of Education. Districts may only code an incident as a locally-defined incident if it does not meet one of the SESIR incident categories.

(c) SESIR incidents meeting the requirements of paragraph (3)(a) of this rule must be reported regardless of whether law enforcement action is taken or whether a student is disciplined.

(5) General SESIR reporting conventions.

(a) SESIR is an incident-based reporting system, which means that a single incident is reported, even where there are multiple offenders or victims, or multiple incidents that occur within one episode.

1. If there is more than one incident in a single episode, districts are required to report only one incident based upon rank order level, beginning with incidents that are classified as Level I.

2. If there are multiple incidents that have the same rank order level, districts must report the incident that caused the most injury or damage to property.

(b) When reporting a SESIR incident, districts are required to report all related elements as described in subsection (8) of this rule that are present or contribute to a reported incident. A related element must be reported even where it duplicates the incident. For example, when reporting an Alcohol incident, the Alcohol-related element must also be reported.

(c) School districts must report SESIR incidents to the Department during the survey periods and using the elements set forth in Rule 6A-1.0014, F.A.C., Comprehensive Management Information System.

(d) Where an incident involves students from multiple schools or districts, the school or district where the incident occurred is responsible for reporting the incident in SESIR. 

(e) Except as provided in subsection (6), allegations that are unsubstantiated must not be reported in SESIR. 

(6) Incident specific SESIR reporting conventions.

(a) For incidents of Bullying, Harassment, Sexual Harassment, Threat/Intimidation, and any other incident that is Bullying-Related, districts are required to report the Incident Basis and the Victim Basis, which identifies whether the incident is based upon the person’s race, sex, disability, sexual orientation, or religion.

(b) Allegations of Bullying and Harassment that are not able to be substantiated after investigation must be reported in SESIR as Unsubstantiated Bullying and Unsubstantiated Harassment, respectively, pursuant to Section 1006.147(4)(k), F.S.

(c) Allegations of Sexual Assault or Sexual Battery by school personnel against any victim that are not able to be substantiated after investigation must be reported as Unsubstantiated Sexual Assault or Unsubstantiated Sexual Battery.

(d) For Unsubstantiated Sexual Assault, Unsubstantiated Sexual Battery, Sexual Assault, and Sexual Battery by school personnel, districts are required to report the following:

1. Responsibility: Districts must report whether they determined that a member of school personnel was responsible for the offense, was not responsible for the offense, or whether the determination remains pending. Districts must only report that the determination is pending when the final decision by the district remains unresolved at the end of the reporting period for Survey 5, as set forth in Rule 6A-1.0014, F.A.C.

2. Preliminary Action: Districts must report the action taken prior to any final disciplinary action or prior to termination. Reportable actions are:

a. Duty reassignment, which refers to the changing of placement from one position to another without promotion or demotion.

b. Resignation, which refers to a person formally giving up his job, and no longer being employed by the employer.

c. Retirement, which refers to a person leaving his career permanently.

d. No action taken prior to final disciplinary action or termination.

e. Other, which refers to other preliminary action taken not listed above.

(7) Incident definitions.

(a) Alcohol (Level IV): Possession, sale, purchase, distribution, or use of alcoholic beverages. Use means the person is caught in the act of using, admits to use or is discovered to have used in the course of an investigation. Alcohol incidents cannot be Drug-related.

(b) Aggravated Battery (Level I): A battery where the attacker intentionally or knowingly causes more serious injury as defined in paragraph (8)(g) of this rule, such as: great bodily harm, permanent disability, or permanent disfigurement; uses a deadly weapon; or, where the attacker knew or should have known the victim was pregnant.

(c) Arson (Level I): To intentionally damage or cause to be damaged, by fire or explosion, any dwelling, structure, or conveyance, whether occupied or not, or its contents. Fires that are not intentional, that are caused by accident, or do not cause damage are not required to be reported in SESIR.

(d) Burglary (Level II): Unlawful entry into or remaining in a dwelling, structure, or conveyance with the intent to commit a crime therein.

(e) Bullying (Level IV): Systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. Bullying includes instances of cyberbullying, as defined in Section 1006.147(3)(b), F.S. Bullying may include, but is not limited to, repetitive instances of teasing, social exclusion, threats, intimidation, stalking, physical violence, theft, harassment, public or private humiliation, or destruction of property. If the physical harm or psychological distress is not the result of systematic or chronic behavior, evaluate for Harassment.

(f) Criminal Mischief (Felony Vandalism ‒ $1,000 threshold) (Level III): Willfully and maliciously injuring or damaging by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto. Incidents that fall below the $1,000 threshold are not reportable in SESIR, but instead should be reported as locally-defined incidents according to district policies.

(g) Disruption on Campus-Major (Level III): Disruptive behavior that poses a serious threat to the learning environment, health, safety, or welfare of others. Examples of major disruptions include bomb threats, inciting a riot, or initiating a false fire alarm.

(h) Drug Sale or Distribution (Level II): The manufacture, cultivation, purchase, sale, or distribution of any drug, narcotic, controlled substance or substance represented to be a drug, narcotic, or controlled substance.

(i) Drug Use or Possession (Level III): The use or possession of any drug, narcotic, controlled substance, or any substance when used for chemical intoxication. Use means the person is caught in the act of using, admits to use or is discovered to have used in the course of an investigation.

(j) Fighting (Level III): When two or more persons mutually participate in use of force or physical violence that requires either physical intervention or results in injury requiring first aid or medical attention. Lower-level fights, including pushing, shoving, or altercations that stop on verbal command are not required to be reported in SESIR.

(k) Grand Theft ($750 threshold) (Level III): The unauthorized taking of the property of another person or organization, including motor vehicles, valued at $750 or more, without threat, violence, or bodily harm. Incidents that fall below the $750 threshold are not reportable in SESIR, but instead should be reported as locally-defined incidents according to district policies. Thefts of property of any value that involve a use of force, violence, assault, or putting the victim in fear must be reported as Robbery.

(l) Harassment (Level IV): Any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct that places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property; has the effect of substantially interfering with a student’s educational performance, opportunities, or benefits, or has the effect of substantially disrupting the orderly operation of a school, including any course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose. Instances of Harassment that are chronic or repeated in nature should be evaluated for Bullying or Bullying-related.

(m) Hazing (Level III): Any action or situation that endangers the mental or physical health or safety of a student at a school with any of grades 6 through 12 for purposes of initiation or admission into or affiliation with any school-sanctioned organization. Hazing includes, but is not limited to pressuring, coercing, or forcing a student to participate in illegal or dangerous behavior, or any brutality of a physical nature, such as whipping, beating, branding, or exposure to the elements.

(n) Homicide (Level I): The unjustified killing of one human being by another.

(o) Kidnapping (Level I): Forcibly, secretly, or by threat, confining, abducting, or imprisoning another person against his or her will and without lawful authority.

(p) Other Major Incidents (Level III): Any serious, harmful incident resulting in the need for law enforcement consultation not previously classified. This includes any drug or weapon found unattended and not linked to any individual; such incidents must be coded with the appropriate Related element (such as Drug-related or Weapon-related) and incident involvement must be reported as unknown.

(q) Robbery (Level II): The taking or attempted taking of money or other property from the person or custody of another with the intent to permanently or temporarily deprive the person or owner of the money or other property under the confrontational circumstances of force, or threat of force or violence, and/or by putting the victim in fear. A key difference in Grand Theft and Robbery is that Robbery involves violence, a threat of violence or assault, and putting the victim in fear.

(r) Sexual Assault (Level II): An incident that includes fondling, indecent liberties, child molestation, or threatened rape. Both males and females can be victims of sexual assault.

(s) Sexual Battery (Rape) (Level I): Forced or attempted oral, anal, or vaginal penetration by using a sexual organ or an object simulating a sexual organ, or the anal or vaginal penetration of another by any body part or foreign object. Both males and females can be victims of sexual battery.

(t) Sexual Harassment (Level III): Unwelcome conduct of a sexual nature, such as sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Harassing conduct can include verbal or nonverbal actions, including graphic and written statements, and may include statements made through computers, cellphones, and other devices connected to the Internet. The conduct can be carried out by school employees, other students, and non-employee third parties.

(u) Sexual Offenses (Other) (Level III): Other sexual contact, including intercourse, without force or threat of force. Includes subjecting an individual to lewd sexual gestures, sexual activity, or exposing private body parts in a lewd manner.

(v) Simple Battery (Level II): An actual and intentional touching or striking of another person against his or her will, or the intentional causing of bodily harm to an individual.

(w) Threat/Intimidation (Level III): An incident where there was no physical contact between the offender and victim, but the victim reasonably believed that physical harm could have occurred based on verbal or nonverbal communication by the offender. This includes nonverbal threats and verbal threats of physical harm which are made in person, electronically or through any other means.

(x) Tobacco (Level IV): The possession, sale, purchase, distribution, or use of tobacco or nicotine products on school grounds, at school-sponsored events, or on school transportation by any person under the age of 21. Tobacco incidents cannot be Drug-related.

(y) Trespassing (Level III): To enter or remain on school grounds, school transportation, or at a school-sponsored event, without authorization or invitation and with no lawful purpose for entry. Only incidents involving a student currently under suspension or expulsion, or incidents where any offender (student or non-student) was previously issued an official trespass warning by school officials, or where any offender was arrested for trespass are required to be reported in SESIR. Trespass incidents that did not have a prior official warning, did not result in arrest, or did not involve students under suspension or expulsion should be reported as locally defined incidents according to district policies.

(z) Weapons Possession (Level II): Possession of a firearm or weapon as defined by Section 790.001, F.S., that can inflict serious harm on another person or that can place a person in reasonable fear of serious harm.

(8) Related element definitions.

(a) Alcohol-related: An incident is alcohol related if there is evidence that those involved in the incident were caught drinking at the incident or had been drinking, based on testing or investigation of a Law Enforcement Officer at the scene, or if they admit to drinking, or if the incident is somehow related to possession, use or sale of alcohol. Schools are not required to test for the presence of alcohol.

(b) Bullying-related: An incident is bullying related if the incident includes systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees.

(c) Drug-related: An incident is drug related if there is evidence that those involved in the incident were under the influence of drugs at the time of the incident; if they admit to using or being under the influence of drugs; if drugs were in the possession of individuals involved in the incident, based on testing or investigation done by a law enforcement officer as a result of the incident; or if the incident is somehow related to possession, use or sale of drugs. Schools are not required to test for drug use.

(d) Gang-related: An incident is gang-related if gang affiliation/association caused the incident or was a contributing factor to action that happened during the incident.

(e) Hate Crime-related: All SESIR incidents motivated all or in part by hostility to the victim’s real or perceived race, religion, color, sexual orientation, ethnicity, ancestry, national origin, political beliefs, marital status, age, social and family background, linguistic preference or mental/physical disability are required to be reported as Hate Crime-related.

(f) Hazing-related: An incident is hazing-related if the incident includes any action or situation that endangers the mental or physical health or safety of a student at a school with any grades from 6-12 for purposes of initiation or admission into or affiliation with any school-sanctioned organization.

(g) Injury-related: All SESIR incidents that result in serious bodily injury are required to be reported as Injury-related. Less serious bodily injury means incidents which require immediate first aid or subsequent medical attention. More serious injuries include death or injuries with substantial risk of death, extreme physical pain, protracted and obvious disfigurement, and protracted loss or impairment of the function of a bodily member, organ, or mental faculty. Incidents where injury occurred, but first aid or medical attention is not needed, are not required to be reported in SESIR as Injury-related.

(h) Vaping-related: All SESIR incidents that involve the use of non-combustible vaping products, including electronic cigarettes, vapes and vape pens, or any electronic nicotine delivery system (ENDS) are required to be reported as Vaping-related, if the liquid used contains nicotine or a controlled substance. Schools are not required to test for nicotine or drugs in vaping devices. Incidents involving use or possession of vaping products that do not contain nicotine or controlled substances are not required to be reported in SESIR.

(i) Weapon-related: All SESIR incidents are required to be reported as Weapon-related where anyone involved possessed or used a firearm or weapon or if the incident was related to possession, use or sale of firearms or weapons, as defined in Section 790.001, F.S.

(9) Reporting law enforcement involvement. For each SESIR incident, a school district must report one of the following three (3) choices regarding law enforcement involvement:

(a) The incident was not reported to law enforcement because it was a petty act of misconduct that did not require law enforcement involvement according to policies developed by the district pursuant to Section 1006.13, F.S.

(b) The incident was reported to law enforcement and resulted in official law enforcement action being taken by an SRO or other law enforcement agency or official, as defined in paragraph (2)(b) of this rule.

(c) The incident was reported to law enforcement and did not result in official action being taken by an SRO or other law enforcement agency or official, as defined in paragraph (2)(b) of this rule.

(d) Required reporting to law enforcement.

1. School districts must report all SESIR incidents to law enforcement, except for Bullying, Harassment, Sexual Harassment, and Tobacco.

2. School districts must report all SESIR incidents to law enforcement, including Bullying, Harassment, Sexual Harassment, and Tobacco, where the incident includes one or more of the following related elements:

a. Alcohol-related;

b. Drug-related;

c. Gang-related;

d. Hate crime-related;

e. Hazing-related;

f. Injury-related, if the injuries are reported as more serious; and

g. Weapon-related.

3. This rule does not limit school districts and charter schools from reporting other incidents to law enforcement that are not listed in subparagraph (9)(d)1. and 2.

(10) Training required. Each district superintendent must designate persons responsible for SESIR reporting in the district, and ensure that all such persons receive the training found at http://sesir.org. SESIR training provided by Department staff can be used to satisfy the online training requirement. Charter schools must designate persons responsible for SESIR reporting in their school and must report their name, email address, and phone number to the district.

(11) Accountability for SESIR reporting. In order to enhance SESIR reporting, the persons or entity listed below have the following responsibilities:

(a) School principals. Each public school principal, including charter school principals or equivalent, must ensure that all persons at the school responsible for SESIR information participate in the training set forth in subsection (10) of this rule and must ensure that SESIR data is accurately and timely reported.

(b) School District Superintendents.

1. Each district superintendent must ensure that all persons responsible for reporting SESIR data have received the training required in subsection (10) of this rule, that any local district policies are consistent with the SESIR reporting requirements set forth in this rule and Rule 6A-1.0014, F.A.C., and that the district timely and accurately reports SESIR incidents. Annually, superintendents must certify to the Department that these requirements have been met. The annual certification must include a statement that all charter school staff responsible for reporting SESIR data have received required training and that charter schools have required SESIR policies in place. 

2. Each district superintendent must designate a district SESIR contact person and must annually report their name, phone number, and email address to the Office of Safe Schools at SafeSchools@fldoe.org. This information must be provided by August 1 each year and must be updated within five (5) school days when there is a change in the information provided.

(c) Office of Safe Schools. The Office shall conduct site visits at schools throughout the state, as well as conduct data reviews. The review must include school district policies, training records, school incident and school discipline records. Superintendents, principals and school safety specialists must fully cooperate with requests for information when the Office of Safe Schools is reviewing and evaluating districts for compliance with SESIR reporting.

(d) Commissioner of Education. If a district fails to report SESIR data by the survey deadlines, set forth in Rule 6A-1.0014, F.A.C., the Commissioner must request that the district school board withhold the superintendent’s salary, pursuant to Sections 1001.51(12) and 1001.42(13)(b), F.S., until the SESIR data is reported. If there is cause to believe that a superintendent knowingly transmitted or caused to be transmitted false or incorrect information, the Commissioner shall cause the allegation to be investigated and refer the matter for disciplinary action pursuant to Section 1012.796, F.S., if the superintendent holds a license or certificate under Chapter 1012 and take action to enforce the forfeiture of the superintendent’s annual salary.

State Board Rule 6A-1.0018 – School Safety Requirements and Monitoring

Effective September 20, 2022

This rule sets forth requirements relating to school safety and to define certain safety measures that schools are expected to meet.

https://www.flrules.org/gateway/RuleNo.asp?title=SPECIAL%20PROGRAMS%20I&ID=6A-1.0018

6A-1.0018 School Safety Requirements and Monitoring

(1) The purpose of this rule is to set forth requirements relating to school safety, reporting, and training. The rule also provides notice of the procedures and criteria utilized by the Office of Safe Schools to monitor school districts and individual schools for compliance with those requirements.

(2) Definitions.

(a) “CSTAG” means the Comprehensive School Threat Assessment Guidelines behavioral threat assessment instrument, which must be used for threat assessments in all public schools, including charter schools.

(b) “Department” means the Florida Department of Education.

(c) “Discharge” means to fire a gun or firearm.

(d) “Discipline” means a safe-school officer receiving a behavior-related official reprimand.

(e) “Dismissal” means a safe-school officer is permanently relieved of his position. Dismissal or termination is involuntary and initiated by the employer, including firings or other discharges for cause.

(f) “Florida Safe Schools Assessment Tool” or “FSSAT” means the site security risk assessment tool used by school officials at each school district and public school site in the state, including charter schools, to conduct security assessments, as provided in Section 1006.1493, F.S.

(g) “FortifyFL” means the mobile suspicious activity reporting tool that allows students and members of the community to report information anonymously concerning unsafe, potentially harmful, dangerous, violent, or criminal activities, or threats of such activities to law enforcement or school officials as described in Section 943.082, F.S.

(h) “Law enforcement officer” means the persons identified in Section 943.10(1), F.S.

(i) “Office” means the Department’s Office of Safe Schools.

(j) “Safe-school officer” means a school resource officer, a school-safety officer, a school guardian, or a school security guard, as identified in Sections 1006.12(1)-(4), F.S. 

(k) “School administrator” means the school personnel identified in Section 1012.01(3), F.S.

(l) “School-based mental health services provider” means a school psychologist certified under Rule 6A-4.0311, F.A.C., a school social worker certified under Rule 6A-4.035, F.A.C., a school counselor certified under Rule 6A-4.0181, F.A.C., or a mental health professional licensed under Chapter 490 or 491, F.S., who is employed or contracted by a district to provide mental health services in schools. 

(m) “School day” means any day, including a partial day, where students are physically present at school for instructional purposes, as defined by Section 1011.60(2), F.S., and Rule 6A-1.045111, F.A.C. 

(n) “School district” or “district” means a Florida school district or district school board, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.).

(o) “School safety specialist” means the district school superintendent’s designee per Section 1006.07(6)(a), F.S., responsible for the oversight of all aspects of school safety and security within the school district and who is a school administrator or a law enforcement officer.

(p) “SESIR” means School Environmental Safety Incident Reporting, as identified in Rule 6A-1.0017, F.A.C.

(q) “Substantive threat” means a threat where the intent to harm is either present or unclear, and requires protective action, as further defined in the CSTAG, Form CSTAG-2021.

(r) “Suspected deficiency” means that there is at least some evidence that a district or school is not acting in compliance with the safety requirements set forth in this rule. 

(s) “Transient threat” means a threat where there is not a sustained intent to harm and the situation can be quickly resolved with apology, retraction, or explanation by the person who made the threat, as defined in the CSTAG, Form CSTAG-2021.

(3) District contact information.

(a) By August 1 of each year, each school district must submit the name, phone number, and email address for each school safety specialist to the Office at SafeSchools@fldoe.org.

(b) When any changes occur to the information required by paragraph (3)(a), the district must update the information within one (1) school day. 

(4) Monitoring by the District School Safety Specialist.

(a) School safety specialists are responsible for the supervision and oversight for all school safety and security personnel, policies, and procedures in the school district, including at charter schools.

(b) Districts must establish policies that require the school safety specialist to review school district and charter school policies and procedures at least annually for compliance with state law and rules, as provided by Section 1006.07(6)(a)1., F.S.

(c) Districts must establish policies that explain the process the school safety specialist will use to identify and correct instances of noncompliance at a school with a requirement in this rule, or other state law or rules relating to safety. Such policies must require the following:

1. Deficiencies relating to safe-school officer coverage must be resolved by the next school day;

2. Notification to the Office within twenty-four (24) hours at SafeSchools@fldoe.org of any deficiencies relating to safe-school officer coverage and any instance of noncompliance that is determined to be an imminent threat to the health, safety, or welfare of students or staff. Notifications made under this subparagraph must contain particularized facts beyond noncompliance with rule or statute that explain the imminent threat; and

3. Notification to the Office within three (3) days at SafeSchools@fldoe.org of any instance of noncompliance not corrected within sixty (60) days.

(5) Monitoring by the Office of Safe Schools – Process.

(a) The Office will monitor compliance with school safety requirements identified in this rule through announced and unannounced on-site visits to schools and district facilities or offices, review of school and district websites and publications, interviews with students and staff, and review of media reports and other information submitted to or received by the Office.

(b) District and school staff must keep records demonstrating that the requirements in this rule are met and must provide those records to the Office upon request. 

(c) The Office will provide notice of a suspected deficiency to the school safety specialist at the email address provided in paragraph (3)(a). Failure to maintain accurate contact information with the Office will not extend the time for correction.

(d) Districts must establish a policy concerning when the notice of suspected deficiency is provided by the school safety specialist to the district’s superintendent.

(e) Time to respond and opportunity to cure.

1. When the notice of suspected deficiency concerns a failure to have a safe-school officer established or assigned at each school facility, as required by Section 1006.12, F.S., the school safety specialist must respond in writing and verify that the school(s) identified in the notice have a safe-school officer on site by the next school day.

2. In all other cases, the school safety specialist must respond in writing within five (5) school days and verify that the district or school has corrected the suspected deficiency, or within that same time period, submit a written plan describing how the district will bring the identified school(s) into compliance. A plan submitted under this paragraph must include an estimated date of completion and an explanation of alternate security measures designed to maintain a safe learning environment.

(f) Upon verification of compliance or correction of a deficiency, the Office will provide a written notice of resolution by email to the school safety specialist.

(g) When a suspected deficiency has not been timely resolved, the Office will advise the Commissioner of Education who will facilitate compliance to the maximum extent provided under law, as provided in Section 1001.11(9), F.S.

(h) Compliance with school safety requirements set forth in this rule and in statute are subject to enforcement by the Commissioner of Education and the State Board of Education using mechanisms provided in Section 1008.32, F.S.

(6) Safety Requirements. The Office will monitor schools and school districts for compliance with the safety requirements set forth in subsections (7) through (20) of this rule.

(7) Safe-school officer. School districts are required to establish or assign at least one safe-school officer at each school facility within the district, as provided in Section 1006.12, F.S.

(a) A school facility means a public K-12 school, including a charter school, with a Master School Identification Number (MSID) number as provided under Rule 6A-1.0016, F.A.C., with the following exceptions:

1. Schools with separate MSID numbers that are located at the same physical location and are co-located with each other are a single school facility.

2. Schools that are located at separate physical locations and are not co-located, but share one MSID number are separate school facilities.

3. A school facility does not include:

a. Schools without a physical location for instruction of students, such as virtual schools, virtual instruction programs, virtual course offerings, franchises of the Florida Virtual School and virtual charter schools;

b. Settings where instruction is provided in a county jail or state prison, in a Department of Juvenile Justice facility or program, in a hospital, or while a student is homebound;

c. Schools that provide only prekindergarten or adult education;

d. Technical centers under Section 1004.91, F.S.; and

e. Private schools, regardless of whether or not their students receive state scholarship funds under Chapter 1002, F.S.

(b) A safe-school officer must be present, at a minimum, during the school day when the school facility is open for instruction, as defined by the district school board calendar. 

(c) Districts must establish a policy for safe-school officer assignment outside of the regular school day, including during before and after school, summer school, during extracurricular activities, and for school-sponsored events. In establishing this policy, districts must consider factors such as the number of persons present, the ratio of staff members to students, and other safety measures available.

(d) District school safety specialists must ensure that each safe-school officer in the district that is a sworn law enforcement officer, as defined under Sections 1006.12(1) and (2), F.S., has completed mental health crisis intervention training through a curriculum developed by a national organization with expertise in mental health crisis intervention. The training must meet the requirements set forth in Section 1006.12(6)(a), F.S.

(e) District school safety specialists must ensure that each safe-school officer that is a school guardian, as defined under Section 1006.12(3), F.S., or a school security guard, as defined under Section 1006.12(4), F.S., has completed training to improve the officer’s knowledge and skills necessary to respond to and de-escalate incidents on school premises. The training must include age and developmentally appropriate strategies for incident response and de-escalation, including interaction with students with disabilities. This training must be completed within thirty (30) days of being hired as a safe-school officer and must be renewed in accordance with recommendations from the training course selected by the district, but at least every three (3) years.

(f) Survey of safe-school officers. At least annually, the Office shall conduct a survey regarding safe-school officer assignment by school. School safety specialists are responsible for completion of the survey.

(8) Alyssa’s Alert. Beginning with the 2021-22 school year, school districts are required to implement a mobile panic alert system that meets all requirements of Section 1006.07(4)(c), F.S. Districts are authorized to select, free of charge, a system under Department contract, or locally fund a system of their choice. The systems under contract with the Department are posted at http://www.fldoe.org/safe-schools/.

(a) School districts are required to maintain current listings of mobile panic alert systems implemented by all public schools, including charter schools, within their district. Such list shall include the school name, address, and MSID number, and vendor or application implemented. School districts are required to provide such list to the Office at SafeSchools@fldoe.org by August 1, 2022. Thereafter, school districts must update this information within five (5) school days of a school opening or closing, or when any other change occurs that impacts the accuracy of district-provided information.

(b) Mobile panic alert systems must include mobile devices placed throughout each school campus. In determining the number and placement of devices needed to afford all staff members the ability to silently and easily activate a panic alert in the event of an on-campus emergency, districts must consider using a combination of fixed panic alert buttons, mobile and desktop applications, landline phone capabilities, and wearable panic alerts (such as on a lanyard).

(c) By August 1, 2022, school districts must include Alyssa’s Alert in their local emergency policies and procedures required by Section 1006.07(4)(a), F.S. The Alyssa’s Alert policies and procedures must be developed in consultation with the county 911 authority and local emergency management office to ensure that the system selected by the district integrates with local public safety answering point (PSAP) infrastructure to transmit calls and mobile activations.

(9) FortifyFL.

(a) School districts are required to maintain current school listings in the FortifyFL application, including school name, address, and MSID number. School districts are required to update FortifyFL within five (5) school days of a school opening or closing, or when any other change occurs that impacts the accuracy of district-provided information.

(b) School districts are required to maintain current contact information (telephone number and email address) in the FortifyFL application for each school’s administrator and for the school safety specialist.

(c) School districts are required to promote FortifyFL, as provided in Section 943.082(4)(b), F.S. Districts are required to:

1. Advertise FortifyFL on the district website, on school campuses, in newsletters, and in school publications;

2. Install the FortifyFL app on all mobile devices issued to students;

3. Bookmark the FortifyFL website on all computer devices issued to students; and

4. Advertise that someone who knowingly submits a false tip through FortifyFL may be subject to further investigation by law enforcement, and may be subject to criminal penalties under Section 837.05, F.S.

(10) Threat assessment teams.

(a) Purpose. The purpose of the threat assessment team is to establish a process focusing on behaviors that pose a threat to school safety while serving as a preventative measure to identify needs and provide support to students. This process is also known as a care assessment.

(b) Policies.

1. Each school district must adopt policies, consistent with this rule and with model policies developed by the Office, for the establishment of threat assessment teams at each school. 

2. District threat assessment policies must include procedures for referrals to mental health services identified by the school district pursuant to Section 1012.584(4), F.S.

(c) Composition. Each school’s threat assessment team must include persons with expertise in counseling, instruction, school administration, and law enforcement, as provided in Section 1006.07(7)(a), F.S. All members of the team must be involved in the threat assessment process and final decision-making.

1. The counseling team member must be a school-based mental health services provider that is able to access student mental health records.

2. The law enforcement team member must be a sworn law enforcement officer, as defined by Section 943.10(1), F.S., including a School Resource Office, school-safety officer, or other active law enforcement officer. At a minimum, a law enforcement officer serving on a threat assessment team must have access to local Records Management System information, the Criminal Justice Information System, and the Florida Crime Information Center and National Crime Information Center databases. Officers serving on school-based threat assessment teams must also have clearance to review Criminal Justice Information and Criminal History Record Information.

3. A school guardian, as defined under Section 1006.12(3), F.S., or a school security guard, as defined under Section 1006.12(4), F.S., may not serve as the law enforcement member of a threat assessment team.

(d) Instrument. Each school-based threat assessment team must use the Comprehensive School Threat Assessment Guidelines (CSTAG) model to assess the behavior of persons who may pose a threat to school staff or students and to coordinate intervention and services for such persons. All reported threats, even those determined not to be a threat, must be documented by the threat assessment team. Documentation must include the evaluation process and any resultant action. Because the purpose of the threat assessment is to identify and intervene in response to threats to school safety, completing a threat assessment does not require parental consent; however, a student’s parent must be notified if the threat assessment process reveals information about a student’s mental, emotional, or physical health or well-being, or results in a change in related services or monitoring. Threat assessment teams must follow local district policies and procedures for required parent notification.

(e) Training. All threat assessment team members must be trained on the CSTAG model. For assistance in accessing this training, districts must contact the Office in writing at SafeSchools@fldoe.org.

1. For the 2021-22 school year, each member of a threat assessment team must complete Office-approved training on the CSTAG model no later than December 31, 2021.

2. Beginning with the 2022-23 school year, threat assessment teams at each school must be fully staffed and all team members must complete CSTAG training before the start of the school year. Those appointed to threat assessment teams after the start of the school year must complete CSTAG training within ninety (90) days of appointment.

(f) Meetings. Each school-based threat assessment team must meet as often as needed to fulfill its duties of assessing and intervening with persons whose behavior may pose a threat to school staff or students, but no less than monthly. Districts must adopt policies requiring threat assessment teams to maintain documentation of their meetings, including meeting dates and times, team members in attendance, cases discussed, and actions taken. 

(g) Reporting. Each district must ensure that all threat assessment teams in the district report to the Office on the team’s activities during the previous school year. The district school safety specialist must ensure all schools in the district timely report information required by this paragraph. Information described below is due by October 1 and must be reported using the FSSAT:

1. For the 2021-22 school year, the total number of threat assessments conducted, the number of transient threats, and the number of substantive threats.

2. Beginning in the 2022- 23 school year, the information required by subparagraph (10)(g)1. and the gender, race, and grade level of all students assessed by the threat assessment team.

(h) Notification to Parents.

1. Each district must establish policies to provide notification to parents of threats and unlawful acts or significant emergencies as defined in Section 1006.07(4)(b), F.S., that occur on school grounds, during school transportation, or during school-sponsored activities.

2. District policies must address the timing, content, scope, and manner of notification, circumstances when law enforcement must be consulted, and the person or entity with responsibility for parental notification, and involvement of the threat assessment team. In making these determinations, district policies must take into consideration the nature of the reported threat or incident, whether the threat or incident is ongoing or resolved, whether the threat is transient or substantive, and whether there is an imminent threat of harm to students and the campus community.

3. In the case of an imminent threat of harm to students, including an active assailant incident or hostage situation, notification to parents must be made as soon as practicable. Such notification should be made in consultation with local law enforcement and first responders in order to avoid compromising the safety of students and the efficacy of the emergency response and investigation.

4. In determining the content of notifications to parents, districts must consider including specific information about the threat or incident necessary to inform parents and safeguard the community as determined by the threat assessment team, or other person or entity responsible for parent notification. Such information may include the date and time of the incident, the location and nature of the threat or incident, how and whether the threat or incident was resolved, a description of the suspect (where applicable), crime prevention and safety tips, and crime and threat reporting information.

5. Notifications must be made in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, 34 C.F.R. Part 99, and Section 1002.22, F.S.

(11) SESIR. Each district superintendent must designate persons responsible for SESIR reporting for their district and ensure that those persons receive live or online training, as provided in subsection 6A-1.0017(10), F.A.C.

(12) Zero-Tolerance Policies and Agreements with Law Enforcement.

(a) Each district must have zero-tolerance policies, including policies that define acts that require consultation with and reporting or referral to law enforcement, as provided by Section 1006.13, F.S.

(b) Each district must have an agreement with the county sheriff’s office and local police department for reporting acts that pose a threat to school safety, as provided by Section 1006.13(4), F.S.

(c) Each district must adopt a cooperative agreement with the Department of Juvenile Justice regarding enforcement of no contact orders, as provided by Section 1006.13(6), F.S.

(13) School Security Risk Assessments and the FSSAT.

(a) School districts are required to ensure accuracy of current school listings, for their district within the FSSAT application, including school name, address, and MSID number. School districts are required to report to the Office at SafeSchools@fldoe.org within five (5) school days of a school opening or closing, or when any other change occurs that impacts the accuracy of district-provided information in FSSAT.

(b) Each year, the school safety specialist must complete a school security risk assessment on or before October 1 at each public school in their district using the FSSAT, as provided in Section 1006.07(6)(a)4., F.S., and Section 1006.1493, F.S. The school security risk assessment is not required for virtual schools or programs that do not have a physical school site.

(c) School safety specialists must report by October 15 each year in the FSSAT that required school security risk assessments are completed, as provided in Section 1011.62(15), F.S. 

(d) School safety specialists must provide recommendations to the district school board and the district school superintendent, identifying strategies and activities the board should implement to improve safety and security, as provided in Section 1006.07(6)(a)4., F.S.

(e) Within thirty (30) days after the district school board meets to receive such findings, but not later than November 1, school safety specialists must submit a district best-practices assessment in the FSSAT which includes the school security risk assessment findings and recommendations as provided in Section 1006.07(6)(a)4., F.S.

(f) Each school district must develop policies that allow charter school personnel input access to the FSSAT or where input access is restricted to district personnel, develop policies for gathering information from charter schools so that FSSAT reporting requirements, including those for Fortify FL, threat assessment teams and active assailant response plans, include data from charter schools.

(14) First Responders’ School Safety Recommendations.

(a) The district’s school safety specialist must coordinate with public safety agencies, as defined in Section 365.171, F.S., that are designated first responders to a school’s campus to tour each school’s campus once every three (3) years and to provide recommendations related to school safety, as provided in Section 1006.07(6)(b), F.S.

(b) Completion of such tours and any recommendations must be documented in each school’s security risk assessment within FSSAT.

(c) The school safety recommendations made by public safety agencies shall be included in the school safety specialist’s report to the superintendent and school board.

(15) Emergency drills.

(a) Active assailant and hostage situation drills must be conducted at least as often as fire drills are required by the Florida Fire Prevention Code, as adopted by the State Fire Marshal, available at www.myfloridacfo.com.

(b) Districts must document completion of emergency drills at all school facilities in the district.

(c) Active assailant and hostage situation drills must be conducted in accordance with developmentally appropriate and age-appropriate procedures. Districts are authorized to develop policies that provide for accommodations for drills conducted by exceptional student education (ESE) centers, as defined in Section 1003.57(1)(a)1.a., F.S. District accommodations for drills conducted at ESE centers, if any, must be included in the written policies and procedures for exceptional students that are submitted to the Department in accordance with subsection 6A-6.03411(2), F.A.C.

(d) District school safety specialists must coordinate with the sheriff in their county to determine what law enforcement officers are responsible for responding to each school in their district in the event of an active assailant emergency and must provide those officers a minimum of twenty-four (24) hours notice prior to conducting an active assailant emergency drill, pursuant to Section 1006.07(4)(a), F.S. These law enforcement officers must be physically present on each school campus and directly involved in the execution of active assailant emergency drills, unless their presence is determined to be unnecessary by the sheriff.

(16) Active Assailant Response Plans.

(a) Each district school board must adopt an active assailant response plan, as provided in Section 1006.07(6)(c), F.S. Active assailant response plans must include, at a minimum, plans and expectations for responding to an active assailant situation using the following three (3) strategies: evading or evacuating, taking cover or hiding, and responding to or fighting back.

(b) All school personnel must be trained annually on the procedures in the district’s active assailant response plan. Completion of this annual training for all school personnel must be documented in the FSSAT by October 1 of each year.

(17) Family Reunification Plans. Each district school board must adopt, in coordination with local law enforcement agencies and local governments, a family reunification plan to reunite students and employees with their families in the event that a school is closed or unexpectedly evacuated due to a natural or manmade disaster. This reunification plan must be reviewed annually and updated, as needed. Individual school plans must be consistent with district policies. At a minimum, district reunification plans must address:

(a) Identification of potential reunification sites;

(b) Training for employees;

(c) Multiple methods to effectively communicate with family members of students and staff; and

(d) Methods to aid law enforcement in student and staff identification.

(18) Student Identification Cards. Each district must establish policies pursuant to Section 1008.386(3), F.S., requiring that student identification cards issued to students in grades 6 through 12 include telephone numbers for national or statewide crisis and suicide hotlines and text lines.

(19) Bullying and Harassment Prevention.

(a) Each school district must adopt a policy prohibiting bullying and harassment of students and employees that is consistent with the Department’s Model Policy Against Bulling and Harassment and meets all requirements in Section 1006.147(4), F.S. The policy must be reviewed at a minimum every three (3) years.

(b) Each school principal must implement the district’s policy in a manner that is ongoing throughout the school year and is integrated with the school’s curriculum, bullying prevention and intervention program, discipline policies, and other violence prevention efforts. 

(20) School Safety Specialist Training.

(a) Each district school superintendent must designate a school safety specialist for the district that is either a school administrator employed by the district, or a law enforcement officer employed by the sheriff’s office located in the school district, as provided by Section 1006.07(6)(a), F. S.

(b) Within thirty (30) calendar days of appointment, school safety specialists must complete the following online Federal Emergency Management Agency Independent Study courses: Multi-Hazard Planning for Childcare; Introduction to the Incident Command System, ICS 100; Preparing for Mass Casualty Incidents: A Guide for Schools, Higher Education, and Houses of Worship; Multi-Hazard Emergency Planning for Schools; and Planning for the Needs of Children in Disasters. These courses can be found at https://training.fema.gov/. School safety specialists must maintain certificates of completion.

(c) Within one (1) year of appointment, and annually thereafter, school safety specialists must earn a certificate of completion of school safety specialist training provided by the Office. 

(21) Reporting Safe-School Officer Discipline, Dismissal or Discharge of Firearm.

(a) Discharge of a weapon. The district school superintendent must notify the Office when a safe-school officer assigned to any school facility in the district discharges a firearm in the exercise of safe-school officer duties, other than for training purposes, as provided in Section 1006.12(5), F.S. Notification must be made no later than seventy-two (72) hours of the incident by submitting Form SSON-2021 to SafeSchools@fldoe.org. 

(b) Officer dismissal or discipline.

1. The district school superintendent must notify the Office when a safe-school officer assigned to a school facility in the district has been disciplined for misconduct or has been dismissed from their duties as a safe-school officer by their employer, including in cases where the officer is reassigned or moved to another school location, whether by a school district, charter school, law enforcement agency, or private security company, as provided in Section 1006.12(5), F.S. Notification must be made no later than seventy-two (72) hours of the dismissal or disciplinary action by submitting Form SSON-2021 to SafeSchools@fldoe.org.

2. The district school superintendent must notify the Office when there is an allegation of misconduct that results in a safe-school officer being placed on administrative leave or reassigned pending completion of an investigation using the procedure set forth in subparagraph (21)(b)1. Within fifteen (15) days of completion of the investigation, updated information regarding the result of the investigation must be provided to the Office.

(c) School districts must implement procedures to ensure that charter schools, law enforcement agencies, and private security firms employing or contracting with safe-school officers timely report discipline and dismissal of safe-school officers and any discharge of an officer’s weapon outside of training activities, so that districts can meet the reporting requirements of this subsection.

(22) Charter School Safety Requirements.

(a) Monitoring of safety requirements for a charter school is the responsibility of the district’s school safety specialist. The Office, as provided in subsection (5) of this rule, will provide any notices of suspected deficiency occurring at or by a charter school, to the district’s school safety specialist for investigation and response.  

(b) To ensure that a district school safety specialist is able to monitor and report on school safety and security at a charter school, each charter school must:

1. Provide contact information in the manner and frequency required by the school safety specialist;

2. Timely respond to requests for information and access made by the school safety specialist and the Office related to safety requirements set forth in this rule; and

3. Coordinate with the school safety specialist on curing suspected deficiencies identified by the specialist and the Office.

(c) Charter schools and their governing boards are responsible for meeting the safety requirements set forth in this rule. All safety requirements as set forth in subsections (6)-(17) and (20)-(21) apply to charter schools, with any changes to the requirements set forth below:

1. Safe-school officer.

a. District school safety specialists are responsible for ensuring that all charter school facilities in their district have at least one (1) safe-school officer assigned and present on campus while school is in session.

b. Each charter school is authorized to establish its own policy on when a safe-school officer must be assigned to a school facility for extracurricular activities and for school-sponsored events or adopt the district’s policy.

c. District school safety specialists must keep accurate records of the number and type of safe-school officers assigned to each charter school in the district.

d. Districts and charter school governing boards must work together to determine the type of safe-school officer under Section 1006.12, F.S., assigned to each charter school. The safe-school officer options for a charter school are:

(I) Upon agreement between the school district and charter school, a school resource officer, pursuant to Section 1006.12(1), F.S.;

(II) A school guardian, pursuant to Section 1006.12(3), F.S. and

(III) A school security guard, pursuant to Section 1006.12(4), F.S.

2. Alyssa’s Alert. A charter school is authorized to select any mobile panic alert system that meets all requirements of Section 1006.07(4), F.S., including a system that is not the same one selected by the charter’s sponsor. Prior to contracting for a system that differs from that used by the charter’s sponsor, a charter school must consult with the sponsor on any potential safety impact of using a different system.

3. FortifyFL.

a. The requirements set forth for districts as provided in subsection (9) for FortifyFL apply to the charter’s governing board. 

b. Where a charter school lacks input access to FortifyFL, the charter’s governing board must ensure that the information for school listings and school contacts, as provided in paragraphs (9)(a) and (b), are timely provided to the district according to their policies.

c. A charter school governing board must ensure that FortifyFL contains contact information (telephone number and email address) for a school administrator designated by the governing board or principal to receive tips and notifications from Fortify FL for the charter school. 

4. Threat Assessment Teams. A charter school governing board is authorized to adopt its own threat assessment policies or adopt the district’s policies, as long as the charter school’s policies meet the requirements of Section 1006.07(7), F.S., and the requirements of subsection (10) of this rule.

5. SESIR. The SESIR duties set forth in subsection (11) must be performed by the charter school’s principal or equivalent personnel, as provided in subsection 6A-1.0017(11), F.A.C.

6. Zero-Tolerance Policies and Agreements with Law Enforcement.

a. In order to comply with SESIR incident reporting procedures set forth in Rule 6A-1.0017, F.A.C., charter school governing boards must establish policies identifying which incidents require consultation with or referral to law enforcement. In lieu of establishing their own policies, a charter school is authorized to adopt the sponsor’s policy.

b. Charter school governing boards are not required to enter agreements, as set forth in paragraphs (13)(b) and (c).

7. School Security Risk Assessments and the FSSAT.

a. In order for the district’s school safety specialist to complete the school security risk assessment at a charter school and to meet the reporting requirements found in subsection (13), a charter school must cooperate with the school safety specialist’s requests for information and access.

b. For charter schools that lack input access to the FSSAT, the charter school’s governing board must ensure that any information needed for required reporting of safety information within FSSAT is timely provided to the district according to their policies.

8. Emergency Drills. Drills conducted at charter schools must be coordinated with the district’s school safety specialist and documentation required by subsection (15) must be provided by the charter school to the sponsoring district’s school safety specialist, by the method and time, as established by the district’s school safety specialist.  

9. Active Assailant Response Plans. The requirements for districts, as provided in subsection (16) for an Active Assailant Response Plan, apply to the charter’s governing board. Each charter school must adopt a plan and train all school personnel by the beginning of the 2021-22 school year. Charter schools that open after the 2021-22 school year must adopt an active assailant response plan and train all school personnel on the plan before the school opens.

10. Reporting Safe-School Officer Discipline, Dismissal or Discharge of Firearm. Charter school governing boards must comply with district procedures authorized under paragraph (21)(c) for reporting information on safe-school officer discipline and dismissal, and discharge of a firearm in the exercise of safe-school officer duties occurring while assigned to a charter school. 

(23) Virtual Schools. Virtual schools and their governing boards are responsible for meeting the safety requirements set forth in this rule, with any changes to the requirements set forth below:

(a) Except for the requirement to complete the district best practices assessment found in paragraph (13)(e), subsections (7), (8), (13)-(16), and (20)-(21) of this rule are inapplicable to schools without a physical location for instruction of students, such as virtual schools, virtual instruction programs, franchises of the Florida Virtual School and virtual charter schools.

(b) Florida Virtual School may meet the requirements of paragraphs (12)(b) and (c) with policies that address referral and consultation with law enforcement, and enforcement of no contact orders.

(24) The following forms are hereby incorporated by reference and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400.

(a) Comprehensive School Threat Assessment Guidelines, Form CSTAG-2022 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14264) effective June 2022.

(b) Safe-School Officer Notification Report, Form SSON-2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13301) effective July 2021.

(c) Model Behavioral Threat Assessment Policies and Best Practices for K-12 Schools, Form BTAP-2022 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14265) effective June 2022.

(d) Model Policy Against Bullying and Harassment for K-12 Schools, Form PABH-2022 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14266), effective June 2022.

State Board Rule 6A-1.0081 - Monthly Financial Statements

Effective November 19, 2013

This rule discusses the requirement of charter schools to submit monthly or quarterly financial reports to the district.  The state now has developed model financial report forms that are also referenced in this rule.

https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.0081

6A-1.0081 Charter School and Charter Technical Career Center Financial Statements and Financial Conditions.

The following provisions have been established to prescribe the format for a charter school or charter technical career center’s monthly or quarterly financial statement required by Sections 1002.33(9)(g) and 1002.34(11)(f), F.S., respectively, and to administer the requirements of Section 1002.345(4), F.S.

(1) Monthly or quarterly financial statement.

(a) A charter school or charter technical career center shall provide a financial statement to the school or center’s sponsor in accordance with Sections 1002.33(9)(g) and 1002.34(11)(f), F.S., respectively, on form IEPC-F1, Governmental Accounting Standards Board (GASB) Monthly Financial Form (http://www.flrules.org/Gateway/reference.asp?No=Ref-03235) or IEPC-F2, Non-Profit Monthly Financial Form (http://www.flrules.org/Gateway/reference.asp?No=Ref-03236), hereby incorporated by reference to become effective November 2013. Forms IEPC-F1 and IEPC-F2 may be obtain by contacting the Office of Independent Education and Parental Choice, 325 West Gaines Street, Tallahassee, Florida 32399-0400. The school shall provide notes to the financial statement, if applicable, to include other information material to the financial statement. Material is defined as when the magnitude of an omission or misstatement of accounting information that, in the light of surrounding circumstances, makes it probable that the judgment of a reasonable person relying on the information would have been changed or influenced by the omission or misstatement.

(b) The sponsor shall determine whether the financial statement must be prepared on a cash or accrual basis and the selected format shall apply to all schools and centers in the district.

(c) Financial statements shall be formatted in accordance with the accounts and codes prescribed in the publication titled, “Financial and Program Cost Accounting and Reporting for Florida Schools,” which is adopted in Rule 6A-1.001, F.A.C.

(d) Charter schools and centers and sponsors shall agree in writing to the date by which the financial statements are to be submitted, with the due date being no more than thirty (30) days after the last day of the reporting period.

(e) Sponsors shall not require that monthly or quarterly financial statements be prepared by an independent certified public accountant, unless otherwise agreed to in the charter or a financial recovery plan.

(f) The reporting requirements of this subsection are supplemental to any financial reporting requirements already established in the school or center’s charter.

(2) Deteriorating financial condition. A deteriorating financial condition is defined as a circumstance that significantly impairs the ability of a charter school or charter technical career center to generate enough revenues to meet its expenditures without causing the occurrence of a condition described in Section 218.503(1), F.S., or a circumstance that has resulted or will result in the occurrence of a condition described in Section 218.503(1), F.S., if action is not taken to assist the school or center.

(a) A deteriorating financial condition may be identified in one of the following ways:

1. The sponsor may determine that a deteriorating financial condition exists through review of a charter school or charter technical career center’s monthly or quarterly financial statement. A deteriorating financial condition may include, but is not limited to, the existence of one or more of the following circumstances:

a. The school or center’s actual enrollment is seventy (70%) percent or less of the projected enrollment for which the budget is based, or the enrollment is insufficient to generate enough revenues to meet expenditures;

b. The school or center’s actual expenses exceed budgeted expenses for a period of at least three (3) consecutive months in an amount that the school does not have sufficient reserves to compensate; or

c. The school or center experiences an unbudgeted financial event for which the charter school has insufficient reserves to compensate.

2. An auditor may determine that a deteriorating financial condition as defined by Section 1002.345(1)(a)3., F.S., exists based on an annual audit performed pursuant to Section 218.39, F.S. If such a condition is identified, the auditor shall notify each member of the charter school or charter technical career center’s governing board in accordance with Section 218.39(5), F.S. Upon receipt of notification, the governing board shall notify the sponsor of the deteriorating financial condition in writing within seven (7) business days.

(b) Upon determination under subparagraph (2)(a)1., of this rule or receipt of notification under subparagraph (2)(a)2., of this rule that a deteriorating financial condition exists, the sponsor shall initiate an expedited review and notify the governing board of the charter school and the Department of Education within seven (7) business days. The charter school and sponsor shall develop a corrective action plan pursuant to Section 1002.345(1)(c), F.S.

(3) Developing corrective action plans.

(a) If a corrective action plan is required due to the charter school or charter technical career center’s failure to provide for an audit or failure to comply with statutory reporting requirements, the Commissioner shall maintain a record of the corrective action plan.

(b) If the corrective action plan is required due to the identification of a deteriorating financial condition or a condition specified in Section 218.503(1), F.S., the Commissioner shall review the corrective action plan within thirty (30) days of receipt to determine whether the strategies identified in the plan adequately address the financial challenges facing the charter school or charter technical career center.

1. If the Commissioner determines that the corrective action plan is sufficient, the Commissioner shall maintain a record of the corrective action plan and the charter school or charter technical career center’s governing board shall implement and monitor the corrective action plan in accordance with Sections 1002.33(9)(j)3. and 1002.34(13), F.S., respectively.

2. If the Commissioner determines that the corrective action plan is insufficient and a financial recovery plan is needed to resolve the condition, the charter school or charter technical career center shall be considered in a state of financial emergency pursuant to Section 218.503(4)(c), F.S.

(c) The corrective action plan shall include the following components:

1. A statement of the condition in Section 1002.345(1), F.S., that initiated the development of a corrective action plan. If the corrective action plan is required due to a deteriorating financial condition, the plan must include the three (3) most recent financial statements submitted to the sponsor pursuant to subsection (1) of this rule and the most recent annual financial audit.

2. A description of actions that will be taken to resolve the condition, including a timeline.

3. A summary of the governing board’s procedures for monitoring implementation of the plan.

4. A schedule for the governing board to provide progress reports to the sponsor.

5. Any additional components deemed necessary and agreed upon by the charter school governing board and the sponsor.

(d) If the governing board and the sponsor are unable to agree on a corrective action plan, a letter signed by both parties shall be sent to the Office of Independent Education and Parental Choice requesting the involvement of the Commissioner pursuant to Section 1002.345(1)(c), F.S. The letter shall include:

1. A statement of the condition in Section 1002.345(1), F.S., that initiated the development of a corrective action plan.

2. A summary of the proposed corrective action for each party.

Within thirty (30) days of receipt of the request, the Commissioner shall determine the components of the corrective action plan, including the reporting requirements for the governing board and monitoring requirements for the sponsor.

(4) Determining a state of financial emergency.

(a) If the Commissioner is notified pursuant to Section 1002.345(2)(a)1., F.S., that a charter school or charter technical career center’s financial audit reveals one or more of the conditions specified in Section 218.503(1), F.S., the governing board and the sponsor shall develop a corrective action plan for submission and review pursuant to paragraph (3)(b) of this rule.

(b) If the Commissioner is notified pursuant to Section 218.503(2), F.S., that one or more of the conditions specified in Section 218.503(1), F.S., have occurred or will occur if action is not taken to assist, the governing board and the sponsor shall develop a corrective action plan for submission and review pursuant to paragraph (3)(b) of this rule.

(5) Developing financial recovery plans.

(a) If the Commissioner determines that a charter school or charter technical career center is in a state of financial emergency, the financial recovery plan prepared and filed in accordance with Section 1002.345(2)(a)2., F.S., by the school or center’s governing board shall replace any existing corrective action plan created pursuant to paragraph (3)(b) of this rule.

(b) The financial recovery plan shall include the following components:

1. A statement of the condition identified in Section 218.503(1), F.S., that resulted in the determination of a state of financial emergency.

2. A description of the actions that will resolve or prevent the condition, including a timeline.

3. A summary of the governing board’s procedures for monitoring the implementation of the plan.

4. A schedule for the governing board to provide progress reports to the Commissioner and the sponsor.

5. Any additional components deemed necessary by the school or center’s governing board.

(c) The Commissioner shall review and approve or reject financial recovery plans pursuant to Section 218.503(4), F.S., within thirty (30) days of receipt.

(6) Correspondence. All correspondence to the Commissioner of Education related to the financial condition of a charter school or charter technical career center shall be addressed to the Office of Independent Education and Parental Choice, 325 W. Gaines Street, Suite 1044, Tallahassee, Florida 32399-0400. In addition, electronic correspondence related to the school or center’s financial condition shall be sent to charterschools@fldoe.org. This includes notifications that a financial condition identified in Section 218.503(1), F.S., has occurred or will occur, requests for the involvement of the Commissioner in creating a corrective action plan, completed corrective action plans, and completed financial recovery plans.

State Board Rule 6A-1.0502 – Non-certificated Instructional Personnel

Effective October 27, 2020

To provide an additional pathway to hire personnel such as a school social worker. The effect will be that schools will be able to hire more professionals by creating an additional pathway for districts to hire qualified social workers to work in their schools.

https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0502

6A-1.0502 Non-certificated Instructional Personnel.

In each school district there are persons who possess expert skill in or knowledge of a particular subject or talent but do not hold a Florida teaching certificate. These persons constitute an invaluable community resource for the education of the pupils in that district. Each school board or charter school governing board shall adopt such policies as are necessary to ensure that the principals and teachers of that district or charter school may utilize in an appropriate instructional capacity the services of such expert persons in the community. Such persons may serve as a non-paid volunteer or as a paid member of the instructional staff to render instructional service in the individual’s field of specialty but shall not be required to hold a Florida teaching certificate. The school board or charter school governing board policies for non-certificated instructional personnel shall include, but are not limited to, the following:

(1) Health and age. Health and age requirements shall be the same as those required for certificated instructional personnel.

(2) Employment procedures. Employment procedures shall be the same as those followed for certificated instructional personnel, except that non-certificated instructional personnel shall not be entitled to a contract as prescribed by subsection 6A-1.064(1), F.A.C.

(3) Personnel records. The personnel records of the district or charter school shall contain information considered necessary by the school board or charter school governing board to establish the specialty of the individual, and a statement of the instructional duties assigned to and performed by such person.

(4) Salary. The official salary scheduled for instructional personnel shall include a salary schedule for full-time and part-time employed non-certificated instructional personnel.

(5) Assignment, suspension and dismissal. Procedures for the assignment, suspension, and dismissal of non-certificated instructional personnel shall be adopted and provided in writing to each such employee at the time of employment.

(6) Assessment of performance. Procedures for assessing the performance of duties and responsibilities by all non-certificated instructional personnel shall ensure that each such person adequately performs the duties assigned.

(7) Pupil welfare. Procedures for assuring that each non-certificated instructional person who at any time is expected to assume responsibility for the health, safety, and welfare of pupils possesses, in advance of assuming the responsibility, a clear understanding of state rules and district or charter school rules policies relevant to instructional responsibilities. When assigned duties require knowledge of rules, regulations, or policies of a special nature, the policies shall specify that the person occupying a specifically named position is responsible to ascertain that the person possesses, in advance of assuming the duties, the necessary knowledge to perform such duties in a proper and reasonable manner.

(8) Instructional practices and policies. Procedures for assuring that each non-certificated instructional person who at any time is expected to assume responsibility for promoting pupil learning possesses, in advance of assuming this responsibility, a clear understanding of all state instructional practices and policies and district or charter school instructional practices and policies relevant to instructional responsibilities.

(9) In lieu of the requirements herein, the school board or charter school governing board may adopt special policies for those part-time personnel who are employed to teach no more than one hundred sixty (160) clock hours during a fiscal year.

(10) Notwithstanding the provisions of subsections 6A-1.0502(1) through (9), F.A.C., the school board or charter school governing board may employ non-certificated persons licensed by the State of Florida as occupational therapists or as physical therapists to render services to students in those areas covered by such license. The procedures for employment shall be the same as provided by law for certificated instructional personnel, and each person so employed shall be entitled to a written contract in the form prescribed pursuant to Rule 6A-1.064, F.A.C. Provided, however, that a non-certificated person employed to render services as an occupational therapist or as a physical therapist may be assigned duties of an instructional nature that are not covered within the scope of the person’s license as defined by law.

(11) Notwithstanding the provisions of subsections 6A-1.0502(1) through (9), F.A.C., the school board or charter school governing board may employ persons certified as audiologists or speech pathologists under Chapter 468, Part I, F.S., to render services to students in those areas covered by such certificate of registration. The procedures for employment shall be the same as provided by law for certificated instructional personnel, and each person so employed shall be entitled to a written contract in the form prescribed pursuant to Rule 6A-1.064, F.A.C. Provided, however, that a non-certificated person employed to render services as an audiologist or speech pathologist may not be assigned duties of an instructional nature that are not covered within the scope of the person’s certificate of registration as defined by law.

(12) Notwithstanding the provisions of subsections 6A-1.0502(1) through (9), F.A.C., the school board or charter school governing board may employ persons licensed as clinical social workers under Chapter 491, F.S., to render services to students in those areas covered by such license. The procedures for employment shall be the same as provided by law for certificated instructional personnel, and each person so employed shall be entitled to a written contract in the form prescribed pursuant to Rule 6A-1.064, F.A.C., provided, however, that a non-certificated person employed to render services as licensed clinical social worker may not be assigned duties of an instructional nature that are not covered within the scope of the person’s license as defined by law.

(13) A non-certificated person employed pursuant to this section shall be accorded the same protection of the laws as that accorded the certificated teacher.

State Board Rule 6A-1.0503 – Definition of Qualified Instructional Personnel

Effective December 22, 2019

This rule discusses the definition of a “Qualified Instructional Personnel” include for those who are assigned or hired by a charter school.

https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0503

6A-1.0503 Definition of Qualified Instructional Personnel.

(1) As used in this rule, the following terms have the following meanings:

(a) “Primary instructor” refers to any instructional employee of a Florida public school district who provides direct support in the learning process by planning, delivering, and evaluating instruction, including through virtual or blended environments, for all students during the entire class period.

(b) “In-field” means a teacher is assigned to a course covering subject matter for which the teacher holds a certificate per Section 1012.55, F.S., or demonstrates sufficient subject matter expertise as determined by paragraphs (2)(a)-(h) of this rule.

(c) “Out-of-field” means a teacher is assigned to a course covering subject matter outside the field for which the teacher holds a certificate per Section 1012.55, F.S., or for which the teacher has not demonstrated sufficient subject matter expertise per section 1012.42, F.S., and as determined by paragraphs (2)(a)-(h) of this rule.

(2) A primary instructor must meet one (1) of the following conditions to be considered in-field:

(a) Hold a valid Florida educator’s certificate with the appropriate coverage as provided for in the Course Code Directory as adopted by reference in Rule 6A-1.09441, F.A.C., or

(b) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a), but have completed a minor field of study in the subject area to be taught, as per Section 1012.42, F.S., and the minor field of study consists of at least fifteen (15) semester hours in the appropriate subject area, or

(c) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a), and have demonstrated sufficient subject matter expertise through passage of a standardized examination, pursuant to Section 1012.56, F.S., and Rules 6A-4.002, 6A-4.0021(12), and 6A-4.0243, F.A.C., or a comparable method for attainment of essential competencies in the subject area to be taught pursuant to district school board policy adopted as per Section 1012.42, F.S., or

(d) Hold a valid Florida educator’s certificate with coverage other than that deemed appropriate by paragraph (2)(a), and have previously documented subject matter expertise for the academic course assigned based on a High, Objective, Uniform State Standard of Evaluation (HOUSSE) plan completed pursuant to 20 U.S.C. s. 7801(23) (effective January 8, 2002 to December 9, 2015); provided that the plan was completed under one (1) of the following conditions:

1. A Florida HOUSSE plan or out-of-state HOUSSE plan was completed by the beginning of the 2006-2007 school year and is filed in the educator’s official personnel record; or

2. A HOUSSE plan documented subject matter expertise for a course in a world language when a Florida subject area examination has not been developed, a standardized examination had not been specified in state board rule, or the plan was completed prior to approval of a standardized examination in state board rule; or

(e) Hold a valid certificate issued by the school district as a nondegreed teacher of career and technical education courses employed under the provisions of section 1012.39, F.S. The requirements in Sections 1012.39(1)(c)2.a. and b., F.S., must be satisfied prior to initial appointment to the position; or

(f) Hold appropriate credentials to qualify as a prekindergarten instructor to teach Voluntary Prekindergarten courses under the provisions of Sections 1002.55(3)(c), or 1002.55(4), F.S., or

(g) Hold a valid full-time or part-time adjunct teaching certificate in the subject area to be taught, issued pursuant to district school board policy adopted under the provisions of Section 1012.57, F.S., or

(h) Hold neither a Florida educator’s certificate nor a certificate issued by the school district and be employed to teach a course in the individual’s field of specialty under the provisions of Rule 6A-1.0502, F.A.C.

(3) A primary instructor considered out-of-field per paragraph (1)(c) of this rule, shall have been approved by the school board or charter school governing board to teach out-of-field after determination that a teacher with appropriate certification coverage is not available. All evidence of such qualifications and approval must be reflected in the individual’s official personnel record; provided, however, that such approval may be granted by the school board or charter school governing board only under one (1) of the following conditions:

(a) The individual is in the first year of employment in the out-of-field assignment and has not been granted, during any preceding year in the district or charter school, approval by either the school board or the charter school governing board to be employed out-of-field in an area for which specific certification is otherwise required, or

(b) The individual has been approved to teach in the out-of-field assignment during any preceding year in the district or charter school and has earned the following college credit from an accredited or approved institution pursuant to Rule 6A-4.003, F.A.C., or inservice training in an approved district add-on program or district approved subject content professional development program:

1. Out-of-field assignment other than ESOL (English to Speakers of Other Languages). An individual assigned to teach out-of-field in a subject other than ESOL shall complete at least six (6) semester hours of college credit or the equivalent inservice toward the appropriate certification required in paragraph (2)(a), within one (1) calendar year from date of initial appointment to the out-of-field assignment and each calendar year thereafter until all requirements are completed for the appropriate subject certification;

2. Out-of-field assignment in only ESOL. An individual assigned to teach out-of-field in only ESOL shall complete at least three (3) semester hours of college credit or the equivalent inservice toward the ESOL requirements within the first two (2) calendar years from date of initial assignment to a class with limited English proficient (LEP) students and three (3) semester hours or the equivalent inservice during each calendar year thereafter until all requirements for certification in ESOL are completed; or

3. Out-of-field assignment in ESOL and another subject. An individual assigned to teach out-of-field in ESOL and another subject shall complete at least six (6) semester hours of college credit or the equivalent inservice toward the appropriate certification required by paragraph (2)(a), within one (1) calendar year from date of initial appointment to the out-of-field assignment and each calendar year thereafter until all requirements are completed for the appropriate subject certification. The training shall be completed in the following manner: During the first two years, at least three (3) of the required twelve (12) semester hours or the equivalent inservice shall be completed in ESOL strategies. Beginning with the third year and each year thereafter, at least three (3) semester hours or the equivalent inservice shall be completed in ESOL strategies and at least three (3) semester hours in the other out-of-field subject requirements. When either all ESOL or all other out-of-field subject requirements are completed, a teacher shall comply with the schedule specified in subparagraph (3)(b)1. or 2. of this rule, as appropriate until all requirements are completed for both ESOL and the other out-of-field subject.

4. Waivers of college credit or inservice training in an approved district add-on or subject content professional development program may be obtained by one of the following provisions:

a. In lieu of college credit or the equivalent inservice specified in subparagraph (3)(b)1., 2. or 3. of this rule, an individual shall provide a doctor’s statement certifying to medical inability to earn such credit during the prescribed time;

b. In lieu of college credit or the equivalent inservice specified in subparagraph (3)(b)1. of this rule, the district superintendent or charter school chief administrator shall provide a statement certifying to extenuating circumstances beyond the control of the teacher to earn such credit during the prescribed time; or

c. In lieu of college credit or the equivalent inservice specified in subparagraph (3)(b)1., or the criteria in paragraph (3)(a) of this rule, the Commissioner of Education may grant to the district, individual school sites, or a charter school a waiver of the requirements for a period of one (1) year on a one-time basis. The district superintendent or charter school chief administrator shall, pursuant to school board or charter school governing board approval for such waiver, show extenuating circumstances that create a hardship for the district or teachers in meeting the specified requirements.

Rulemaking Authority 1001.02(1), (2)(n), 1002.33(12)(f), 1012.32, 1012.55(1), 1012.56(6) FS. Law Implemented 1002.33, 1012.32, 1012.55, 1012.56 FS. History–New 4-19-74, Repromulgated 12-5-74, Amended 9-8-76, Formerly 6A-1.503, Amended 10-30-90, 10-3-91, 2-18-93, 5-25-04, 3-1-05, 4-30-18, 11-28-18, 12-22-19.

State Board Rule 6A-1.09411 – K-12 Civic Education Curriculum

Effective November 23, 2021

This rule sets forth the requirements for an integrated civic education curriculum for school districts and charter schools to utilize for grades K-12.

https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.09411

6A-1.09411 K-12 Civic Education Curriculum.

(1) It is the intent of the State Board of Education that high school graduates have sufficient knowledge of United States civics and government, particularly the principles reflected in the Declaration of Independence and the Constitution of the United States, so as to be capable of discharging the responsibilities associated with American citizenship.

(2) To help families, civic institutions, local communities, district school boards, and charter schools prepare students to be civically responsible and knowledgeable adults, the requirements for an integrated civic education curriculum that school districts and charter schools utilize for grades K through 12 are as follows:

(a) Using the social studies standards adopted in Rule 6A-1.09401, F.A.C., Student Performance Standards, the instruction and curriculum for integrated civics education must advance student content knowledge and skills each year as developmentally appropriate.

(b) Curriculum and instruction must comply with the efficient and faithful teaching of the required topics and must be consistent with the Next Generation Sunshine State Standards and the Benchmarks for Excellent Student Thinking (B.E.S.T.) Standards, per Rule 6A-1.094124, F.A.C., Required Instruction Planning and Reporting.

(3) The integrated civic education curriculum must assist students in developing:

(a) An understanding of their shared rights and responsibilities as residents of the state and of the founding principles of the United States, and must include the following topics:

1. A review of select colonial American charters, compacts, and laws that preceded and influenced the Declaration of Independence and the Constitution of the United States.

2. The history and content of the Declaration of Independence, including national sovereignty, natural law, self-evident truths, equality of all persons, limited government, consent of the governed, right of resistance, popular sovereignty, and the divine source of inalienable rights of life, liberty, and property, and how those rights form the philosophical foundation of our government.

3. The history, meaning, significance, and effect of the provisions of the Constitution of the United States and amendments thereto, with emphasis on each of the ten (10) amendments that make up the Bill of Rights, and how the Constitution provides the structure of our government.

4. The arguments in support of adopting our republican form of government, as they are embodied in the most important of the Federalist Papers.

(b) A sense of civic pride and desire to participate regularly with government at the local, state, and federal levels.

(c) An understanding of the process for effectively advocating before government bodies and officials.

(d) An understanding of the civic-minded expectations of an upright and desirable citizenry that recognizes and accepts responsibility for preserving and defending the blessings of liberty inherited from prior generations and secured by the United States Constitution. An upright and desirable citizen:

1. Has a thorough knowledge of America’s founding principles and documents, and is equipped to apply this knowledge.

2. Demonstrates civic virtue and self-government that promotes the success of the United States constitutional republic through personal responsibility, civility, and respect in political, social, and religious discourse and lawful civic engagement.

3. Respects the military, elected officials, civic leaders, public servants, and all those who have defended the blessings of liberty in pursuit of the common good, even at personal risk.

4. Understands the United States Constitution, Bill of Rights, and other amendments in their historical context; defends the core values of these documents and the principles that shaped them.

5. Recognizes how political ideologies, such as communism and totalitarianism, conflict with the principles of freedom and democracy essential to preserving the United States constitutional republic.

6. Appreciates the price paid by previous generations to secure the blessings of liberty and why it is the responsibility of current and future generations to preserve it.

State Board Rule 6A-1.094120 Youth Mental Health Awareness Training and Reporting

Effective November 22, 2022

To set forth requirements relating to youth mental health training (YMHAT) and reporting.

https://www.flrules.org/gateway/ruleno.asp?id=6A-1.094120

6A-1.094120 Youth Mental Health Awareness Training and Reporting.

(1) Purpose. The purpose of this rule is to set forth requirements for training and reporting of Youth Mental Health Awareness Training, pursuant to Section 1012.584(5), F.S.

(2) Definitions. In this rule, the terms have the following meaning:

(a) “Department” means the Department of Education;

(b) “School District” means the Florida Virtual School under Section 1002.37, F.S., the Florida School for the Deaf and the Blind under Section 1002.36, F.S., Developmental Research (Laboratory) Schools under Section 1002.32, F.S., and districts set forth in Article IX, Section 4, of the Florida Constitution;

(c) “School Personnel” means persons who must receive Youth Mental Health Awareness Training in any public school in a School District, including a charter school.

(d) “Youth Mental Health Awareness Training” means programs designed to help school personnel identify and understand signs of emotional disturbance, mental illness and substance abuse disorders and provide school personnel with the skills to assist a person who may be developing or experiencing an emotional, mental health or substance use concern.

(3) Approved Youth Mental Health Awareness Training. The program approved by the Department to provide Youth Mental Health Awareness Training to school personnel is listed at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml. All school personnel identified as set forth in subsection (4) of this rule must receive this training.

(4) Presumptive Identification of School Personnel for Training and Certification.

(a) The Department will provide, by February 1 of each year, a list of job codes or categories from the document entitled “Data Elements – Staff” incorporated in Rule 6A-1.0014, F.A.C., Comprehensive Management Information System, in order to identify the positions that must receive Youth Mental Health Awareness Training. This list will be posted annually at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml.

(b) Unless a School District submits a request to establish another method of identifying school personnel and receives approval from the Department, a School District must use these job codes and categories and the persons who hold these positions as of February 1, when providing the certification required by this rule. 

(5) Certification of Training.

(a) The annual certification that at least 80% of school personnel in a School District, including school personnel at charter schools, have completed the approved youth mental health awareness training must be submitted to the Department on the form entitled “Annual Certification of Youth Mental Health Awareness Training,” Form No. YMHAT-1 by July 1 of each year. This form, effective December 2022, is incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-14903) and may be obtained at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml.

(b) This form must be submitted by the superintendent or designee. Instructions to submit this form may be obtained at https://www.fldoe.org/schools/k-12-public-schools/sss/ymhat.stml.

(6) Charter Schools. School Districts must implement procedures to include school personnel at charter schools in the School District’s certification. A School District may rely upon a charter school’s certification without independent verification when submitting the School District’s certification of training under subsection (5) of this rule.

State Board Rule 6A-1.0955 – Education Records

Effective August 29, 2023

This rule discusses the requirement of maintaining and caring for educational records that a school creates.

https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0955

6A-1.0955 Education Records.

(1) Purposes. This rule applies to education records maintained to facilitate the instruction, guidance, and educational progress of students in programs operated under the authority and direction of a district school board or other agency or institution as defined in Section 1002.22(1), F.S. This rule is intended to further the intent of Section 1002.22(2), F.S., that the rights of students and their parents with respect to education records created, maintained, or used by public educational institutions and agencies must be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, the implementing regulations issued pursuant thereto, and Sections 1002.22 and 1002.221, F.S.

(2) Definitions.

(a) “Education records” means records that are directly related to a student and that are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution, as defined in 20 U.S.C. s. 1232g(a)(4).

(b) “Eligible student” means a student who has reached 18 years of age or is attending a postsecondary institution, at any age.

(c) “Institution” means any public school, center, or other entity that is part of Florida’s education system under Sections 1000.04(2), (4), and (5), F.S.

(d) “Online educational service” means computer software, mobile applications (apps), and web-based tools that students or parents are required to use and access through the internet and as part of a school activity or function. Examples include online services that students or parents use to access class readings, assignments, or videos, to view learning progression, or to complete assignments. This does not include online services that students or parents may use in their personal capacity or to online services that districts or schools may use to which students or parents do not have access, such as a district student information system.

(e) “Parent” includes parents or guardians of students who are or have been in attendance at a school or institution as defined in paragraph (2)(c).

(f) “Personally identifiable information” or “PII” means information that can be used to distinguish or trace a student’s identity either directly or indirectly through linkages with other information, as defined in 34 CFR §99.3. PII includes, but is not limited to direct identifiers (such as a student’s or other family member’s name), indirect identifiers (such as a student’s date of birth, place of birth, or mother’s maiden name), and other personal identifiers (such as a student’s social security number or Florida Education Identifier (FLEID) number). PII also includes information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.

(g) “School Board or School District” means a Florida school district or district school board, charter school governing board, the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.).

(h) “School day(s)” means any weekday that school is in session, based on the school district’s calendar;

(i) “Student” means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

(j) “Therapeutic treatment plan” means a plan that identifies the mental health diagnosis, or condition, the therapy or intervention goal(s), the type of school-based mental health intervention, and the school-based mental health services provider responsible for providing the mental health intervention or therapy.

(k) “Therapy progress notes” means notes maintained by a school-based mental health services provider that summarize the focus and progress toward treatment goals(s) of each therapy or intervention session.

(l) “Third-party vendor” or “Third-party service provider” means any entity, whether public or private, that provides services to a school board or institution through a contract or agreement. The term does not include the Florida Department of Education, the Department’s contractors and subcontractors, and School Boards and School Districts as defined in paragraph (2)(g).

(3) Information contained in education records must be classified and retained as follows:

(a) Category A: Information for each student which must be kept current while the student is enrolled and retained permanently in the manner prescribed by Section 1001.52(2), F.S.

(b) Category B: Information which is subject to periodic review and elimination when the information is no longer useful in the manner prescribed by Section 1001.52(3), F.S.

(4) Content of Category A records. The following information must be maintained for each student:

(a) Student’s full legal name,

(b) Authenticated birthdate, place of birth, race, ethnicity and sex,

(c) Last known address of the student,

(d) Names of the student’s parent(s) or guardian(s),

(e) Name and location of last school attended,

(f) Number of days present and absent, date enrolled and date withdrawn,

(g) Courses taken and record of achievement, such as grades, units, or certification of competence,

(h) Date of graduation or date of program completion, and

(i) Records of requests for access to and disclosure of personally identifiable information from the education records of the student as required by FERPA.

(5) Content of Category B records. These records may include but are not limited to the following:

(a) Health information and health care plans,

(b) Family background data,

(c) Standardized test scores,

(d) Educational and career plans,

(e) Honors and activities,

(f) Work experience reports,

(g) Teacher comments,

(h) Reports of student services or exceptional student staffing committees including all information required by Section 1001.42(13), F.S.,

(i) Discipline records,

(j) School Environmental Safety Incident Reports (SESIR) collected under Section 1006.07(9), F.S.,

(k) Except as provided in Subsection (6), threat assessments done by the threat assessment team pursuant to Section 1006.07(7), F.S.,

(l) Academic and behavioral intervention services,

(m) Psychological evaluations,

(n) Therapeutic treatment plans and therapy progress notes,

(o) Correspondence from community agencies or private professionals,

(p) Driver education certificate,

(q) List of schools attended,

(r) Written agreements of corrections, deletions or expunctions as a result of meetings or hearings to amend educational records, and

(s) Records designated for retention by the Florida Department of State in General Records Schedule GS7 for Public Schools Pre-K – 12, Adult and Vocational/Technical.

(6) Threat assessments.

(a) Transient or Substantive Threats. Threat assessments determined to be transient or substantive, as defined in Rule 6A-1.0018, F.A.C., are Category B records and shall be maintained in a student’s file as long as determined useful by a threat assessment team, pursuant to Section 1006.07(7), F.S., and Rule 6A-1.0018, F.A.C.

(b) Non-Threats. In order to protect students from stigma and unintended consequences, reported threats which are determined by a threat assessment team not to be a threat at all, meaning the threat does not rise to the level of transient or substantive, may be maintained by the threat assessment team, but must not be maintained in a student’s file, unless one of the following conditions are met:

1. The parent of the student who was the subject of a non-threat finding requests that the record be retained in the student’s file; or

2. The threat assessment team has made a determination that the non-threat finding must be retained in order to ensure the continued safety of the school community or to ensure the well-being of the student.

a. Such determination and reasoning for maintaining the record must be documented with the non-threat finding.

b. Where such a determination is made, the threat assessment team must re-evaluate the decision on an annual basis to determine if the record is no longer useful. The student’s age and length of time since the original assessment must be considered in those evalulations.

(7) School districts must maintain sufficient information, to include social security numbers for students enrolled in a postsecondary program so that they can be located after they have either withdrawn or completed a program of study.

(8) Each school board must adopt a policy for educational records which must include:

(a) Provisions for an annual written notice and other notices necessary to inform parents and eligible students of their rights as defined in Section 1002.22(2), F.S., and FERPA. The district must develop methods of notice for informing parents and eligible students unable to comprehend a written notice in English;

(b) Provisions for permitting parents and eligible students to inspect and review the education records of the student. The district must comply with a request within a reasonable period of time, but in no case more than thirty (30) days after it has been made;

(c) Provisions for parents and eligible students to exercise the right of waiver of access to confidential letters or statements. School districts may not require that parents or eligible students waive any of their rights under Section 1002.22(2), F.S. and FERPA;

(d) A schedule of fees and charges for copies of education records which charges no more than the fees and charges for public records as set forth in Section 119.07, F.S. In no circumstance must the cost reflect the costs to retrieve the education records;

(e) A listing of the types and locations of education records maintained by the educational agency or institution and the titles and addresses of the officials responsible for those records;

(f) Provisions for disclosure of personally identifiable information where prior written consent of the parent or eligible student is not required;

(g) Provisions for disclosure of personally identifiable information where prior written consent of the parent or eligible student, is required, and provisions for maintaining records of requests and disclosures;

(h) Provisions for the maintenance and security of student records, including procedures to ensure the confidentiality of student records and safeguard records from unauthorized or unintentional access;

(i) Provisions for disclosure of personally identifiable information in health and safety emergencies;

(j) Provisions for disclosure of directory information;

(k) Provisions for challenging the content of any record which the parent or eligible student believe to be inaccurate, misleading or a violation of the right of privacy and for providing an opportunity for amendment of such information; and

(l) Provisions for ensuring the accuracy of information maintained and for periodic review and elimination of information no longer useful, in the manner prescribed by Section 1001.52(3), F.S.

(m) Provisions for parents to specify the use of any deviation from their child’s legal name in school. School districts will develop a form to obtain parental consent along with any required documentation, as appropriate.

(9) School board and charter school governing board policies for required use of online educational services by students and parents. In order to protect a student’s PII from potential misuse and in order to protect students from data mining or targeting for marketing or other commercial purposes, school boards and charter school governing boards must adopt policies that provide for review and approval of any online educational service that students or their parents are required to use as part of a school activity. These policies are required whether or not there is a written agreement governing student use, and whether or not the online educational service is free. These policies are required even if the use of the online educational service is unique to specific classes or courses.

(a) These policies must include the following:

1. Review of the online educational service’s terms of service and privacy policy to ensure compliance with state and federal privacy laws, including FERPA and its implementing regulations, the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. ss. 6501-6506, and Section 1002.22, F.S.;

2. Designation of a person or persons responsible for the review and approval of online educational services that will be required for students to use and the procedure for seeking such approval;

3. Procedures for notifying parents and eligible students if student PII will be collected by the online educational service;

4. Where student PII will be collected by the online educational service, procedures for notifying parents and eligible students of information that will be collected, how it will be used, when and how it will be destroyed, and the terms of re-disclosure, if any; and

5. An explicit prohibition against using any online educational service that will share or sell a student’s PII for commercial purposes without providing parents a means to either consent or disapprove. This disclosure prohibition does not prevent the purchase, merger, or other type of acquisition of a third party provider or online educational service by another entity, provided that the successor entity continues to be subject to the provisions of this rule with respect to previously acquired PII.

(b) For any online educational service that a student is required to use, a district must provide notice on its website of the PII information that may be collected, how it will be used, when it will be destroyed and the terms of re-disclosure. This notice must include a link to the online educational service’s terms of service and privacy policy, if publicly available.

(10) Procedures for transfer of education records.

(a) The transfer of records must be made immediately upon written request of an eligible student, a parent or a receiving school. The principal or designee must transfer a copy of all Category A and Category B information and must retain a copy of Category A information; however, student records which are required for audit purposes for programs listed in Section 1010.305, F.S., must be maintained in the district for the time period indicated in Rule 6A-1.0453, F.A.C.

(b) The transfer of education records must not be delayed for nonpayment of a fee or fine assessed by the school.

(c) The transfer of records of students who transfer from school to school must occur within five (5) school days of receipt of the request for records from the new school or district, or receipt of the identity of the new school and district of enrollment, whichever occurs first. Student records must contain verified reports of serious or recurrent behavior patterns, including substantive and transient threat assessments and intervention services, and psychological evaluations, including therapeutic treatment plans and therapy progress notes created or maintained by district or charter school staff. Non-threats as described in subsection (6) must not be transferred with a student’s educational record unless one of the conditions described in subparagraphs (6)(b)1. and 2. are met.

(11) School district and charter school contracts or agreements with third-party vendors.

(a) All contracts or agreements executed by or on behalf of a school district or charter school with a third-party vendor or a third-party service provider must protect the privacy of education records and student PII contained therein. Any agreement that provides for the disclosure or use of student PII must:

1. Require compliance with FERPA, its implementing regulations, and Section 1002.22, F.S.;

2. Where applicable, require compliance with COPPA, 15 U.S.C. ss. 6501-6506, and its implementing regulations;

3. Ensure that only the PII necessary for the service being provided will be disclosed to the third party; and

4. Prohibit disclosure or re-disclosure of student PII unless one of the conditions set forth in paragraph (11)(b) has been met.

(b) Contracts or agreements with a third-party vendor or third-party service provider may permit the disclosure of PII to the third party only where one or more of the following conditions has been met:

1. The disclosure is authorized by FERPA and 34 CFR §99.31;

2. The disclosure is authorized by the school board or charter governing board’s directory information policy implemented in accordance with FERPA and 34 CFR §99.37; or

3. The disclosure is authorized by written consent of an eligible student or parent. Consent must include, at a minimum, an explanation of who the PII would be disclosed to, how it would be used, and whether re-disclosure is permitted. Any re-disclosure must meet the requirements of paragraph (11)(b) and must be authorized by the school board or charter school governing board.

(12) Security of education records.

(a) The school principal or designee must be responsible for the privacy and security of all student records maintained in the school.

(b) The superintendent of schools or designee must be responsible for the privacy and security of all student records that are not under the supervision of a school principal.

(c) Institutions and agencies that are not part of a school district must designate the office or position responsible for the privacy and security of all student records.

State Board Rule 6A-1.0957 ‐ Internet Safety Policies

Effective August 22, 2023

This rule will provide clarity to districts on what to include in their local policy for student access to the Internet.

https://www.flrules.org/gateway/View_Notice.asp?id=27245668

6A-1.0957 Internet Safety Policy.

(1) Purpose. The purpose of this rule is to set forth requirements for internet safety policies that must be adopted by school districts and charter school governing boards.

(2) Internet Safety Policy.

(a) By September 1 of each year, each district school board and charter school governing board must adopt an internet safety policy for student internet use that applies to all devices owned or provided by a district or school, or any device (including privately owned) connected to district- or school-provided internet. This policy must be reviewed and approved annually by the school board or governing board.

(b) In developing a student internet safety policy, district school boards and governing boards must review whether the Children’s Internet Protection Act, 47 C.F.R. § 54.520, applies and, if so, ensure compliance with CIPA.

(c) Student internet safety policies must, at a minimum:

1. Require the use of technology protection measures to filter or block access to material that is not appropriate for students, taking into consideration the subject matter and the age of the students served at each school;

2. Protect the safety and security of students when using email, chat rooms, and other forms of direct electronic communications;

3. Require the use of technology protection measures to prevent hacking or unauthorized access by students to data or information that they should not have access to, and to prohibit other unlawful online activities by students;

4. Prevents access to websites, web or mobile applications, or software that do not protect against the disclosure, use, or dissemination of students’ personal information in accordance with rule 6A-1.0955, F.A.C.; and

5. Prohibits students from accessing social media platforms, except when expressly directed by a teacher for an educational purpose.

(d) Prior to requiring students to use online content, policies must require staff to confirm the content is not blocked by the student internet filter. Policies must provide a process for staff to request that blocked content or social media platforms to be reviewed and unblocked for educational purposes.

(3) TikTok. School districts and charter school governing boards must:

(a) Prohibit the use of TikTok, and any successor platforms, on all district- or school-owned devices, or on any device (including privately owned) connected to district- or school-provided internet; and

(b) Prohibit the use of TikTok, or any successor platforms, to be used to communicate or promote any school district, school, school-sponsored club, extracurricular organization, or athletic team.

State Board Rule 6A-1.09981 - School Improvement and Accountability

Effective July 14, 2021

This rule discusses the requirement of the statewide school improvement and accountability system.

https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.09981

6A-1.09981 School and District Accountability.

(1) Purpose. The purpose of this rule is to provide the definitions and policies for school and district grades accountability systems.

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

(a) “Full-year-enrolled student” means a student who is present for both the second and third period full-time equivalent (FTE) student membership surveys as specified in Rule 6A-1.0451, F.A.C., and who is still enrolled at the time of statewide standardized testing.

(b) “Learning gains” means that the student demonstrates growth from one (1) year to the next year sufficient to meet the criteria below. Learning gains may be demonstrated in English Language Arts and Mathematics.

1. Students with two (2) consecutive years of valid Florida Standards Assessment scores may demonstrate learning gains in four (4) different ways.

a. Students who increase at least one (1) achievement level on the Florida Standards Assessment in the same subject area.

b. Students who scored below Achievement Level 3 on the Florida Standards Assessment in the prior year and who advance from one subcategory within Achievement Level 1 or 2 in the prior year to a higher subcategory in the current year in the same subject area. Achievement Level 1 is comprised of three (3) equal subcategories, and Achievement Level 2 is comprised of two (2) equal subcategories. Subcategories are determined by dividing the scale of Achievement Level 1 into three (3) equal parts and dividing the scale of Achievement Level 2 into two (2) equal parts. If the scale range cannot be evenly divided into three (3) equal parts for Achievement Level 1 or into two (2) equal parts for Achievement Level 2, no subcategory may be more than one (1) scale score point larger than the other subcategories; the highest subcategories shall be the smallest.

c. Students whose score remained at Achievement Level 3 or 4 on the Florida Standards Assessment in the current year and whose scale score is greater in the current year than the prior year in the same subject area. This does not apply to students who scored in a different achievement level in the prior year in the same subject area.

d. Students who scored at Achievement Level 5 in the prior year on the Florida Standards Assessment and who score in the same Achievement Level in the current year in the same subject area.

2. Students with two (2) consecutive years of valid Florida Standards Alternate Assessment scores may demonstrate learning gains in four (4) different ways.

a. Students who increase at least one (1) achievement level on the Florida Standards Alternate Assessment in the same subject area.

b. Students who scored below Achievement Level 3 on the Florida Standards Alternate Assessment in the prior year and who advance from one subcategory within Achievement Level 1 or 2 in the prior year to a higher subcategory in the current year in the same subject area. Achievement Level 1 is comprised of three (3) equal subcategories, and Achievement Level 2 is comprised of two (2) equal subcategories. Subcategories are determined by dividing the scale of Achievement Level 1 into three (3) equal parts and dividing the scale of Achievement Level 2 into two (2) equal parts. If the scale range cannot be evenly divided into three (3) equal parts for Achievement Level 1 or into two (2) equal parts for Achievement Level 2, no subcategory may be more than one (1) scale score point larger than the other subcategories; the highest subcategories shall be the smallest.

c. Students who scored at Achievement Level 3 on the Florida Standards Alternate Assessment in the prior year and who maintain the same Achievement Level 3 subcategory or move from the lower subcategory to the higher subcategory. Subcategories are determined by dividing the scale of Achievement Level 3 into two (2) equal parts. If the scale range cannot be evenly divided into two (2) equal parts for Achievement Level 3, then the highest subcategory shall be the smallest.

d. Students who scored at Achievement Level 4 in the prior year on the Florida Standards Alternate Assessment and who score in the same Achievement Level in the current year in the same subject area.

(c) “Passing” means that the student must attain a statewide standardized assessment score of Achievement Level 3 or higher.

(d) “School grade component” means the areas listed in paragraphs (4)(a), (4)(b) and (4)(c) of this rule.

(e) “School grades school year” means the fall, winter, spring, and the preceding summer for the purposes of the school grades calculation.

(f) “Statewide standardized assessments” means the assessments required in Section 1008.22(3), F.S., including the comprehensive statewide assessments, the end-of-course assessments, and the alternate assessments.

(g) “Students in the lowest twenty-five (25) percent” means current year full-year-enrolled students whose prior year assessment scores are in the lowest performing twenty-five (25) percent on the statewide standardized assessments in the subject areas of English Language Arts or Mathematics for each school.

(h) “Subject areas” means the four (4) areas of English Language Arts (English Language Arts in grades 3 through 10), Mathematics (Mathematics in grades 3 through 8, Algebra 1, and Geometry), Science (Science in grades 5 and 8, and Biology 1), and Social Studies (Civics and U.S. History).

(3) School Accountability Framework.

(a) Each school shall be assigned a letter grade of A, B, C, D, or F annually.

(b) A school shall receive a grade based solely on the components for which it has sufficient data. Sufficient data exists when at least ten (10) students are eligible for inclusion in the calculation of the component. If a school has less than ten (10) eligible students with data for a particular component, that component shall not be calculated for the school.

(c) Student performance data for alternative schools that choose to receive a school improvement rating and are not charter schools shall be included in the school grade of the student’s home-zoned school. This data is limited to the components listed in paragraph (4)(a) of this rule.

(d) Student performance data for hospital and homebound students shall be included in the school grade of the student’s home-zoned school. This data is limited to the components listed in paragraph (4)(a) of this rule.

(e) To ensure that student data accurately represent school performance, schools shall assess at least ninety-five (95) percent of their students to qualify for a school grade, unless the school only has sufficient data for the components found in paragraphs (4)(b) and (c) of this rule.

(f) To be included as an assessed student, in the percent-tested measure, a student must be enrolled during the third period full-time equivalent (FTE) student membership survey, as specified in Rule 6A-1.0451, F.A.C., enrolled at the time of testing, and assessed on the statewide standardized assessments or the English Language Proficiency Assessment, for a student who is a first year English Language Learner as provided in Rule 6A-1.09432, F.A.C., and did not take the English Language Arts statewide assessment.

(g) English Language Learners, as defined in Rule 6A-6.0901, F.A.C., shall be included in the achievement components in subparagraphs (4)(a)1.-4. of this rule, once they have been enrolled in school in the United States for two (2) years. English Language Learners will be included in the learning gains components in subparagraphs (4)(a)5.-8. of this rule, beginning with their first year in school in the United States. For English Language Learners in their first year in school in the United States, who do not take the statewide standardized English Language Arts assessment, an English Language Arts linked score will be calculated for them based on their English Language Proficiency Assessment results. This linked score will be used as the prior year score in the learning gains calculation.

(h) High school students’ statewide end-of-course assessment scores used for achievement and learning gains measures will be scores for the assessments administered to students for the first time in high school and must be for a course in which the student was enrolled. If a student took the assessment for the first time in high school and then retook the assessment during the same school grades school year while enrolled in the course, the highest score will be included in the calculation.

(i) Middle school students’ statewide end-of-course assessment scores used for achievement, learning gains, and middle school component measures will be scores for a course in which the student was enrolled. If a student retook the assessment during the same school grades school year while enrolled in the course, the highest score will be included in the calculation.

(4) School Grading System. The school grade components shall be calculated as a percentage, with the possible points listed by the component.

(a) School Grading Components for all Schools.

1. English Language Arts Achievement. (100 points) The percentage of full-year-enrolled students who took and passed a statewide standardized assessment for grades 3 through 10 in English Language Arts.

2. Mathematics Achievement. (100 points) The percentage of full-year-enrolled students who took and passed the statewide standardized assessment in Mathematics for grades 3 through 8, the statewide standardized end-of-course assessment in Algebra 1 or Geometry. If a student is enrolled in more than one (1) mathematics course that has an associated statewide standardized assessment, the student’s highest score shall be used in the calculation.

3. Science Achievement. (100 points) The percentage of full-year-enrolled students who took and passed the statewide standardized assessment in Science for grades 5 or 8 or the statewide standardized end-of-course assessment in Biology 1.

4. Social Studies Achievement. (100 points) The percentage of full-year-enrolled students who took and passed the statewide standardized end-of-course assessment in Civics or U.S. History. If a student is enrolled in more than one (1) social studies course that has an associated statewide end-of-course assessment, the student’s highest score shall be used in the calculation.

5. Learning gains in English Language Arts. (100 points) The percentage of full-year-enrolled students demonstrating learning gains in English Language Arts.

6. Learning gains in Mathematics. (100 points) The percentage of full-year-enrolled students demonstrating learning gains in Mathematics.

7. Learning gains of the lowest twenty-five (25) percent of students in English Language Arts. (100 points) The percentage of full-year-enrolled students who scored in the lowest twenty-five (25) percent in the prior year who demonstrated current year learning gains in English Language Arts.

8. Learning gains of the lowest twenty-five (25) percent of students in Mathematics. (100 points) The percentage of full-year-enrolled students who scored in the lowest twenty-five (25) percent in the prior year who demonstrated current year learning gains in Mathematics.

(b) School Grading Component for Middle Schools. (100 points) The middle school grading component shall be calculated for schools comprised of grades 6, 7, and 8 and schools comprised of grades 7 and 8. In addition, if a school includes grades 6, 7, and 8 or grades 7 and 8 with other grade levels, that school shall be included in the middle school component.

1. An eligible student for this component is a full-year-enrolled student, who is a current year grade 8 student who scored at or above Achievement Level 3 on the Mathematics statewide standardized assessments in the prior year, or is a full-year-enrolled student in grade 6, 7, or 8, who took a high school level statewide standardized end-of-course assessment or an industry certification examination identified in the industry certification funding list adopted in Rule 6A-6.0573, F.A.C.

2. The middle school component shall be calculated as the percentage of eligible students who passed one (1) or more high school level statewide standardized end-of-course assessments in Algebra 1, Geometry, Biology 1, or U.S. History; or who earned a high school industry certification, identified in the Industry Certification Funding List adopted in Rule 6A-6.0573, F.A.C.

3. For the purpose of calculating the middle school component, a student shall be included no more than once each school grades school year.

(c) School Grading Components for High Schools. The high school grading component shall be calculated for schools comprised of grades 9, 10, 11, and 12 or grades 10, 11, and 12. In addition, if a school includes grades 9, 10, 11, and 12 or grades 10, 11, and 12, with other grade levels, that school shall be included for the high school grading component. In addition, schools comprised of grades 11 and 12 shall be eligible for the high school grading component. High school grades shall include the following components.

1. Graduation Rate. (100 points) The four-year high school graduation rate of the school as measured according to 34 CFR §200.19, Other Academic Indicators, effective November 28, 2008, (http://www.flrules.org/Gateway/reference.asp?No=Ref-01332) and referred to as the four-year adjusted cohort graduation rate. This federal regulation is incorporated by reference and may be obtained by contacting the Division of Accountability, Research, and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

2. College and Career Acceleration. (100 points) The percentage of students included as graduates in the graduation rate from subparagraph (4)(c)1. of this rule, who, while in high school, earned the following:

a. A score making them eligible to earn college credit through College Board Advanced Placement (AP) examinations, International Baccalaureate (IB) examinations, or Advanced International Certificate of Education (AICE) examinations according to the requirements of Rule 6A-10.024, F.A.C.;

b. College credit through dual enrollment courses according to the requirements of Rule 6A-14.064, F.A.C., or, beginning with the 2021-2022 calculation of school grades, through the completion of three hundred (300) or more clock hours through career dual enrollment courses according to the requirements of Rule 6A-6.0575, F.A.C.; or

c. Career and Professional Education (CAPE) industry certification or a CAPE acceleration industry certification identified in the Industry Certification Funding List adopted in Rule 6A-6.0573, F.A.C.; or

d. Beginning with the 2022-2023 calculation of school grades, an Armed Services Qualification Test score that falls within Category II or higher (a score of 65 or higher on a score scale of 1 to 99) on the Armed Services Vocational Aptitude Battery (ASVAB) and at least two (2) credits in Junior Reserve Officers’ Training Corps courses from the same branch of the United States Armed Forces, as identified in the “Course Code Directory and Instructional Personnel Assignments” adopted by Rule 6A-1.09441, F.A.C.

3. For the purpose of calculating a school’s college and career acceleration component, a student shall be included no more than once.

(d) Procedures for Calculating School Grades.

1. A school letter grade of A, B, C, D, or F shall be calculated based on the percentage of possible points earned by each school for the components applicable to the school. In the calculation of a school’s grade, 100 points are available for each component with sufficient data, with one (1) point earned for each percentage of students meeting the criteria for the component. The points earned for each component shall be expressed as whole numbers by rounding the percentages. Percentages with a value of .5 or greater will be rounded up to the nearest whole number, and percentages with a value of less than .5 will be rounded down to the nearest whole number.

2. The school’s grade is determined by summing the points earned for each component and dividing this sum by the total number of available points for all components with sufficient data. The percentage resulting from this calculation shall be expressed as a whole number using the rounding convention described in this subparagraph.

3. Letter grades shall be assigned to schools based on the percentage of total applicable points earned as follows:

a. Sixty-two (62) percent of total applicable points or higher equals a letter grade of A;

b. Fifty-four (54) to sixty-one (61) percent of total applicable points equals a letter grade of B;

c. Forty-one (41) to fifty-three (53) percent of total applicable points equals a letter grade of C;

d. Thirty-two (32) to forty (40) percent of total applicable points equals a letter grade of D; and,

e. Thirty-one (31) percent of total applicable points or less equals a letter grade of F.

(5) District Grading System. The Commissioner shall assign a letter grade of A, B, C, D, or F to each school district annually as provided in Section 1008.34(5), F.S., based on the components in subsection (4) of this rule and the processes in subsections (2) and (3). In addition to the students included in the district’s schools’ grades, students who were not full-year-enrolled at a school but who were full-year-enrolled within the district shall be included in the district’s grade.

(6) Withholding or Revoking a Grade. Notwithstanding paragraph (3)(a), and subsection (5) of this rule, a school or district grade shall be withheld or revoked, and designated as incomplete (I), if the data does not accurately represent the progress of the school or district.

(a) The circumstances where data does not accurately represent the progress of a school or district are where:

1. The percent of students tested at the school or district is less than ninety-five (95) percent of the school’s or district’s eligible student population, or

2. Before, during, or following the administration of any state assessment, the validity or integrity of the test administration or results are under review and investigation based upon allegations of test administration and security violations as described in Section 1008.24, F.S. or Rule 6A-10.042, F.A.C.

(b) Upon conclusion of the review and investigation, and a determination by the Department that the data accurately represent the progress of the school or district, the Department shall assign a letter grade to the school or district, based upon the provisions of this rule.

(7) School District Responsibility and Review Process.

(a) Each school district shall be responsible for providing to the Department accurate, complete, and timely school district data so that the Department can calculate school grades in accordance with the requirements of this rule and Section 1008.34, F.S.

(b) Each school district superintendent shall designate a school accountability contact person who is responsible for verifying the data submitted to the Department for use in school grades.

(c) Based upon the data provided by school districts, the Department shall create data files from which grades will be calculated and provide districts the opportunity to review these files and make corrections, updates, and provide additional matches.

(d) Subsequent to the review process described in paragraph (7)(c) of this rule, the Department shall provide school districts preliminary school grades for the schools in the district.

(e) Districts shall be afforded an opportunity to contest or appeal a preliminary school grade within thirty (30) days of the release of the preliminary school grade.

(f) A successful grade appeal requires that the district clearly demonstrate the following:

1. Due to the omission of student data, a data miscalculation, or a special circumstance beyond the control of the district, a different grade would be assigned to a school, or

2. Where the percentage of students tested is less than ninety-five (95) percent at a school, and the school did not receive a grade, the student data accurately represents the progress of the school.

(g) An appeal shall not be granted under the following circumstances:

1. It was not timely received;

2. It was not submitted by the district superintendent;

3. It would not result in a different grade, if granted, or

4. It relies upon data that the district had the opportunity to correct but failed to do so, under the process described in paragraph (7)(c) of this rule, or the data reporting processes as defined in Rule 6A-1.0014, F.A.C., Comprehensive Management Information Systems.

(h) In order to ensure that districts have the opportunity to submit and review data upon which grades are calculated, the Department shall annually publish at http://www.fldoe.org/accountability/accountability-reporting/school-grades/index.stml, the timeframes and deadlines for these activities. Districts shall be afforded a minimum of fourteen (14) days to submit corrections as a result of the review opportunity set forth in paragraph (7)(c) of this rule.

Rulemaking Authority 1001.02, 1008.22, 1008.34, 1008.345 FS. Law Implemented 1008.22, 1008.34, 1008.345 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, 7-16-12, 1-17-13, 5-21-13, 12-3-13, 2-9-16, 2-20-18, 7-14-21.

 

State Board Rule 6A-1.099811 - Differentiated Accountability

Effective August 22, 2023

This rule discusses the requirement of differentiated accountability for schools who are not performing well. 

https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.099811

6A-1.099811   School Improvement State System of Support for Deficient and Failing Schools.

(1) Purpose. The purpose of this rule is to set forth the School Improvement (SI) State System of Support for Deficient and Failing Schools pursuant to Section 1008.33, F.S., by establishing differentiated intervention and support strategies for traditional public schools, delineating the responsibilities of the school, district and Department of Education (Department), setting timelines for intervention and support strategies, prescribing reporting requirements to review and monitor progress of schools, and setting forth submission and approval criteria for Turnaround Option Plans.

(2) Definitions. The following definitions, listed alphabetically, shall be used in this rule and incorporated documents:

(a) “Below effective” means a value-added model rating of Needs Improvement/Developing or Unsatisfactory.

(b) “Classroom walkthrough” means an observation of classroom activities by SI Regional Team members, district staff and school staff to gather data and provide feedback to instructional personnel and administrators to inform instructional practices for improved student achievement.

(c) “Coaching” means serving as an instructional resource in a school to generate improvement in student achievement by improving the quality of instruction through professional learning support to instructional personnel in their respective content areas, as needed, based on an analysis of student performance and observational data.

(d) “Common planning time” means the time provided to grade-level instructional personnel at the elementary level and subject-area instructional personnel at the secondary level to meet together, within and across grades and subjects, for data-based decision making, problem-solving and professional learning on Florida’s state academic standards.

(e) “Community Assessment Team” or “CAT” means the team that reviews the school performance, identifies causes of low performance and makes recommendations for school improvement. The CAT shall include, but not be limited to, a Department representative, parents, business representatives, educators, the Regional Executive Director or designee, representatives of local government, and community activists, and shall represent the demographics of the community from which they are appointed.

(f) “Cycle of Turnaround” is the number of years a school has implemented a Turnaround Option Plan (TOP).

(g) “Direct instructional support” means support provided by a district curriculum or content area specialist who visits the school frequently to provide onsite, job-embedded professional learning and support to classroom instructional personnel.

(h) “District leadership team” means the team that includes the superintendent and district leadership. This may include those in charge of curriculum, general and exceptional student education, student services, human resources, professional learning, and other areas relevant to school improvement. The district-based leadership team shall develop and implement the district-managed turnaround option plan.

(i) “District Strategic Plan” means a district-level plan, which includes strategies for improving school performance and increasing student achievement and demonstrates how resources are aligned to ensure schools demonstrating the greatest need receive the highest percentage of resources.

(j) “Early warning system” or “EWS” is a system used in any school that serves students in kindergarten through grade eight used to identify students who need additional support to improve academic performance and stay engaged in school pursuant to Section 1001.42(18), F.S.

(k) “Educational emergency” exists in a school district if one or more of the schools in the district have a school grade of “D” or “F” pursuant to Section 1001.42(21), F.S. A district with SI schools shall negotiate special provisions of its contract with the appropriate bargaining unit to free schools from contract restrictions that limit the schools ability to implement programs and strategies needed to improve student performance.

(l) “Graduation rate” means the percentage of students who earned a standard diploma within four (4) years of their first full year of enrollment in ninth grade in the state as determined by subsection 6A-1.09981(4), F.A.C., School and District Accountability.

(m) “Increased learning time” means lengthening the school day, week, or year; providing before school, after school, Saturday or summer school programs to allow additional time for instruction in core academic subjects; providing enrichment activities that contribute to a well-rounded education; and allowing time for teacher collaboration, planning and professional learning.

(n) “Instructional coach” means a staff member with a proven record of effectiveness in a specific content area who has knowledge of adult learning to build capacity through coaching cycles in the development and modeling of effective lessons, use of instruments, analysis of assessment and anecdotal data, and providing professional learning and ongoing feedback.

(o) “Instructional Review” or “IR” means the continuous process used by the SI Regional Team, in collaboration with school and district leadership teams, to review a school’s performance data trends, conduct classroom walkthroughs, assist with development of action plans and review school improvement plan(s) to address opportunities for improvement.

(p) “Memorandum of Understanding” or “MOU” means an agreement with the school district and bargaining unit pursuant to Section 1001.42(21), F.S., to be negotiated that addresses the selection, placement and expectations of instructional personnel. The MOU must be provided to the Department by September 1, after the issuance of the SI school’s grade, pursuant to Section 1008.33(4)(a), F.S.

(q) “Multi-Tiered System of Supports” or “MTSS” means the system utilizing the problem-solving process to identify and support student needs based upon the available data. The data used in the process may include, but is not limited to, attendance, behavior/discipline, statewide assessment and progress monitoring assessment data.

(r) “Needs Assessment” means a systematic process that includes a thorough analysis of available state, district, and school-level trend data to determine priorities, address needs or gaps, and allocate resources between current conditions and desired state.

(s) “Planning and Problem Solving” refers to a cycle of continuous improvement that allows stakeholder groups to engage in the formation of a strategic goal(s) and then develop implementation and monitoring plans.

(t) “Progress monitoring” means the continuous review of assessments that inform educators about ongoing student progress for mastery of Florida’s grade level standards in mathematics, English Language Arts (ELA), science, and social studies.

(u) “Quarterly Data Review” or “QDR” is a quarterly survey used to gather instructional personnel and student data to inform state, district, and school leaders about professional capacity and school climate as related to student achievement.

(v) “Regional Executive Director” or “RED” means the person who leads the SI Regional Team to support and monitor district and school improvement efforts.

(w) “School Advisory Council” or “SAC” means an advisory council for each school established by the district school board pursuant to Section 1001.452, F.S.

(x) “School Improvement” or “SI” means the system set forth pursuant to Section 1008.33, F.S., in which the state provides support and interventions of escalating intensity to low-performing schools in order to improve and sustain performance of all student subgroups, and holds districts accountable for improving the academic achievement of all students and turning around low-performing schools.

(y) “School Improvement Plan” or “Schoolwide Improvement Plan” or “SIP” means a fluid plan developed by school leadership and approved by the SAC and district to guide school improvement planning, problem solving and implementation processes by coordinating strategies and resources that will lead to increased student achievement.

(z) “School Improvement Regional Team” means the staff assigned by the Department to provide assistance to schools and districts located in geographic regions.

(aa) “School Improvement Schools” or “SI schools” means graded public schools identified for support and intervention by the Department because the schools earned a grade of “D,” a grade of “F” or produced a graduation rate of sixty-seven (67) percent or less.

(bb) “Turnaround Option Plan” or “TOP” means a district-level plan to implement one of four turnaround options in a school: District-managed turnaround, Reassignment/ Closure, Charter School and External Operator/Outside Entity as described in Section 1008.33, F.S.

(cc) “Value-added model” or “VAM” means the individual student learning growth models based on the statewide standardized assessments authorized in Section 1012.34(7), Florida Statutes, and further described by Rule 6A-5.0411, F.A.C. The three-year aggregated state VAM files includes instructional personnel with one to three years of state VAM data.

(dd) “VAM rating” means a rating of Highly Effective, Effective, Needs Improvement or Developing and Unsatisfactory as assigned using the methodology described in Rule 6A-5.0411, F.A.C.

(3) School Improvement (SI) Tiers of Support. All SI schools are in need of support and intervention from the school district and the Department and are provided this within the context of a three-tiered system.

(a) A Tier 1 SI school is any school that earns a single grade of “D” or has a graduation rate of sixty-seven (67) percent or less.

(b) A Tier 2 SI school is any school that earns a single grade of “F” or consecutive grades of “D” in any school year in which the school received a grade and is in the first cycle of turnaround.

(c) A Tier 3 SI school is any school that has completed one or more cycles of turnaround and has not improved its grade to at least a “C.”

(4) SI Notification. In order to assist school districts with support and interventions for SI schools, the Department shall:

(a) Prior to the start of each school year, publish a list when school grades are released to notify school districts of any SI schools in the district;

(b) Provide notice of the Tier of Support for the SI school;

(c) Provide districts with Value-added Model (VAM) data on instructional personnel no later than July 31 of each year; and

(d) Provide districts with student assessment, school grade, and graduation rate data annually.

(5) Support Strategies for SI schools.

(a) Districts with a SI school must coordinate with the Department, the Regional Executive Director (RED) or designee, and the school to identify and implement tailored support and improvement strategies designed to address low performance at the school.

(b) The support and improvement strategies that must be considered by a district that has any SI school to improve student performance are to:

1. Provide a literacy coach who has a record of effectiveness as an English Language Arts teacher or coach with a VAM rating of Highly Effective or Effective;

2. Provide a mathematics coach who has a record of effectiveness as a mathematics teacher or coach with a VAM rating of Highly Effective or Effective;

3. Staff the SI school so that the percentage of instructional personnel with a VAM rating that is below effective is less than the district average if the district has more than five (5) total schools and less than the state average, if the district has five (5) or fewer schools;

4. Staff the school with a principal who has a successful record of leading a turnaround school and who have the qualifications to support the student population at the assigned SI school;

5. Ensure the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics;

6. Ensure that K-12 intensive reading instruction is provided by with a reading certificate, endorsement or micro-credential pursuant to s. 1011.62(8)(d)7, F.S.;

7. Ensure the instructional and intervention programs for reading are consistent with Section 1001.215(8), F.S.;

8. Ensure remedial and supplemental instructional resources are prioritized for K-3 students with a substantial deficiency in reading in accordance with the district’s K-12 Comprehensive Evidence-based Reading Plan; and

9. Implement other school improvement strategies recommended by the RED that are designed to lead to school improvement in SI schools.

(c) The support and improvement strategies that must be implemented by a district that has any SI school to improve student performance are to:

1. Dedicate at least one position at the district level to lead school improvement in the district;

2. Utilize formative and summative assessments that are aligned to Florida’s state academic standards;

3. Ensure that common planning time occurs at the SI school;

4. Obtain approval from the Department to retain or replace a principal at a Tier 2 or Tier 3 school, regardless of whether or not the principal will be employed by the school district, charter or external operator/outside entity (EO);

5. Collaborate with the Department and the SI school to develop a school improvement plan that identifies areas of focus, implements strategies and utilizes resources designed to lead to increased student achievement;

6. Support and monitor the distribution of all grant funds to ensure schools with the greatest need receive the highest percentage of resources; and

7. For any Tier 1, District-Managed Turnaround (DMT) and External Operator/Outside Entity (EO) schools, submit annually to the Department, a MOU required by section 1001.42(21), F.S.

(6) Documentation of Planning and Implementation of Improvements. A school district with any SI school must document its improvement planning and implementation at the district level and ensure the SI school documents improvement planning and implementation at the school level.

(a) SI-1 Checklist (District Form). Except where a school is implementing the turnaround option of Reassignment and Closure (RC), school districts must utilize the form entitled SI-1 Checklist for each SI school in the district to document the following:

1. District action on improvement strategies set forth in paragraph (5)(b);

2. District compliance with improvement strategies set forth in paragraph (5)(c); and

3. Other actions taken by the district to improve school performance.  

(b) SI-2 Checklist (School Form). Except where a school is implementing the turnaround option of Reassignment and Closure (RC), school districts must ensure that SI school leadership utilizes the form entitled SI-2 Checklist to document improvement planning and implementation at the school level throughout the school year. This documentation must include the following:

1. The development, implementation and monitoring of a School Improvement Plan (SIP);

2. The alignment of the SIP and Turnaround Option Plan (TOP), if applicable;

3. The completion of the SIP mid-year reflection and, as necessary, revision of the SIP;

4. Review of VAM data and district evaluations to ensure hiring decisions comply with the requirement that  Unsatisfactory or Needs Improvement instructional personnel are not staffed at a SI school as provided in  paragraphs (9)(a) and (b), (11)(a) and (b), and (12)(a) and (b), and that hiring decisions are calculated to improve school performance;

5. Review of student progress monitoring data, at least quarterly;

6. Modifications made as a result of the IRs, including modifications to the pacing, curriculum and assessments; and

7. Other strategies designed to improve school performance, including those identified in the TOP and any contractual agreements executed to implement the TOP.

(c) Reassignment and Closure School Report. Where a school is implementing the turnaround option of Reassignment and Closure (RC), districts must complete quarterly reports that include student attendance, grades and progress monitoring data aligned to Florida’s State Academic Standards, the type of intervention and instruction provided to students to address deficiencies, as well as all instructional personnel assigned to students from the closed school and their VAM rating.

(d) Principal Verification Form. In order to seek approval from the Department to retain or replace a principal at a Tier 2 or Tier 3 school, a school district must submit to the Department a Principal Verification Form.

1. The form must provide the following information:

a. The rationale for replacing the principal;

b. Evidence that the proposed principal has a proven record of success and the qualifications to support the school community;

c. Any operational flexibility that the proposed principal will be afforded in the turnaround school, including the authority in selecting school leadership and instructional staff; and

d. Actions the district and if applicable, the charter or EO, will take regarding the school leadership if the school’s grade does not improve.

2. The Department will notify a district of its decision on the request within five (5) business days of receipt of a completed Principal Verification Form. In order to grant the request, the Department must determine, based upon the strength and timing of the proposed principal’s experience and qualifications, the needs of the turnaround school, and the operational flexibility to be provided to the proposed principal, that the principal has the ability to lead the turnaround school.

(7) Turnaround Option Plan Types.

(a) Turnaround plans are two-year district improvement plans that are required for a school that earns two (2) consecutive grades of “D” or a single grade of “F.” A school district is not required to wait until a school earns a second consecutive grade of “D” to submit a Turnaround Option Plan for approval by the State Board of Education. All Turnaround Option Plans must be designed to improve a SI school’s grade to a “C” or better within two (2) school years.

(b) The four (4) Turnaround Option Plan types are:

1. District-managed Turnaround Option Plan (DMT). DMT is the option through which the school district manages the two-year Turnaround Option Plan at the school;

2. Reassignment and Closure Turnaround Option Plan (RC). RC is the option through which the district closes the school, reassigns students to a “C” or higher graded school(s), monitors the progress of those students and provides supports tailored to address student deficiencies;

3. Charter School Turnaround Option Plan (CH). CH is the option through which the district contracts with a charter school with a record of effectiveness to operate SI the school; and

4. External Operator/Outside Entity Turnaround Option Plan (EO). EO is the option through which the district contracts with an outside entity that has a record of effectiveness to provide turnaround services including school leadership, educational modalities, teacher and leadership professional learning, curriculum, operation and management services, school-based administrative staffing, budgeting, scheduling, other educational service provider functions, or any combination thereof. An EO/Outside Entity includes one or a combination of the following:

a. An EO/ Outside Entity, which may be a district-managed charter school or a high-performing charter school network in which all instructional personnel are not employees of the school district but are employees of an independent governing board composed of members who did not participate in the review or approval of the charter; and

b. A contractual agreement that allows for a charter school network or any of its affiliated subsidiaries to provide individualized consultancy services tailored to address the identified needs of one or more SI schools.

(8) Turnaround Option Plan Steps. All Turnaround Option Plans must be completed by the district in collaboration with the Department. There are two (2) steps in the development of a Turnaround Option Plan.

(a) Step one requires the district to engage stakeholders in planning for the development of the Turnaround Option Plan by:

1. Identifying the causes for low performance with stakeholders and making recommendations for improvement at the SI school;

2. Describing the methodology and results of a needs assessment utilizing quantitative and qualitative data;

3. Providing a rationale for the selected turnaround option; and

4. Agreeing to meet assurances based upon the turnaround option selected.

(b) Step two requires the district to develop a Turnaround Option Plan for implementation by:

1. Submitting the plan to the RED for review and feedback;

2. Obtaining approval of the plan by the local school board; and

3. Submitting the plan to the Department for State Board of Education approval.

(9) District-managed Turnaround (DMT).

(a) DMT-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule, and the following requirements on the form entitled, District-Managed Turnaround Option Plan–Step 1, TOP-1.

1. Agree to meet the following assurances:

a. Ensure the district-leadership team develops and implements the DMT and dedicates a district position to lead the turnaround efforts;

b. Ensure the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics;

c. Ensure progress monitoring assessments are aligned to Florida’s state academic standards and provide valid data to support intervention for students;

d. Ensure the development of an annual professional learning plan that provides ongoing tiered support to increase leadership and educator quality;

e. Ensure the principal will be replaced upon entry into DMT unless in collaboration with the Department, it is determined that the principal will have the skillset for turnaround success at the school;

f. Ensure the principal and has a successful record in leading a turnaround school, and the qualifications to support the student population being served;

g. Ensure the review of practices in hiring, recruitment, retention, and reassignment of instructional personnel have been reviewed with priority on student performance data;

h. Ensure that the percentage of instructional personnel with a VAM rating that is below effective is less than the district average if the district has more than five (5) total schools. If the district has five (5) or fewer schools, ensure that the percentage of instructional personnel assigned to the school with a that is below effective, is less that the state average;

i. Ensure that the instructional personnel who do not have a VAM rating and who do not show evidence of increasing student achievement are not rehired at the school;

j. Ensure that the percentage of temporarily certified instructional personnel, instructional personnel in need of improvement or out-of-field instructional personnel assigned to the school is not higher than the district average; and

k. Ensure that K-12 reading instruction is provided by teachers with a reading certificate, endorsement or micro-credential pursuant to s. 1011.62(8)(d)7, F.S..

2. Submit to the Department a Memorandum of Understanding (MOU) required by Section 1001.42(21), F.S., that relieves the school from any contract restrictions that limit the ability to implement strategies to improve the school’s low performance;

3. Submit to the Department rosters of instructional staff at the school; and

4. Provide information on the VAM rating of instructional staff that compares the school’s instructional personnel to the district VAM rating distributions.

(b) DMT – Step Two. The district must meet and document the following requirements on the form entitled District-Managed Turnaround Option Plan–Step 2, TOP-2.

1. Describe the methodology and results of a needs assessment utilizing quantitative and qualitative data;

2. Describe how the results of the needs assessment are addressed by the plan;

3. Provide a summary of the DMT plan that includes information on leadership, standards- based instruction and the culture and environment;

4.  Describe how the two-year DMT plan and the annual SIP work together to improve student performance;

5. Describe the district-leadership team and its role in implementing the DMT plan;

6. Describe how the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics;

7. Describe how the instructional and intervention programs for reading are consistent with Section 1001.215(8), F.S.;

8. Describe how progress monitoring assessments are aligned to Florida’s state academic standards and provide valid data to support intervention for students;

9. Describe the district’s allocation of resources and how they align to the specific needs of the school;

10. Describe how remedial and supplemental instruction resources are prioritized for K-3 students with a substantial deficiency in reading in accordance with the district’s K-12 Comprehensive Evidence-Based Reading Plan;

11. Describe how the district recruited the principal and assistant principal and provide evidence that demonstrates they have a successful record in leading a turnaround SI school and the qualifications to support the student population being served;

12. Describe the district’s systems that ensure the school has effective educators capable of improving student achievement, including priority in hiring, recruitment and retention incentives and professional learning and coaching support;

13. Describe how the district fills vacancies in core content areas ensuring incentives are offered and priority in hiring is given to the school;

14. Describe how the district recruits instructional personnel with Highly Effective or Effective VAM ratings; and

15. Provide information demonstrating that the school meets the instructional staffing requirements set forth above in sub-subparagraph (9)(a)1.h. of this rule.

(10) Reassignment/Closure (RC).

(a) RC-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options:

1. Ensure that the students from the closed school are assigned to school(s) with a grade of “C” or higher;

2. Ensure that students from the closed school are not assigned to instructional personnel with VAM ratings or district evaluations that are below effective;

3. Ensure that the district will monitor for three (3) school years on a quarterly basis the following: student attendance, grade and progress monitoring data, the type of intervention and instruction provided to students to address deficiencies, as well as all instructional personnel assigned to the students and their VAM rating;

4. Ensure that for the upcoming school year, instructional personnel from the closed school with VAM ratings that are below effective are not reassigned to other SI schools within the district;

5. Ensure that administrators from the closed school are not reassigned to other SI schools within the district for the upcoming school year; and

6. Ensure that, for the upcoming school year, instructional personnel from the closed school who are rated below effective are not assigned to:

a. A high school or middle school student who was taught by a classroom teacher with a VAM rating that is below effective for the previous school year in the same subject area.

b. An elementary school student who was taught by a classroom teacher with a VAM rating that is below effective for the previous school year.

(b) RC-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan-Step 2, TOP-2, Reassignment/Closure.

1. Describe how the district will ensure that the students from the closed school are assigned to a school with a grade of “C” or higher;

2. Describe how the district will ensure that students from the closed school are not assigned to instructional personnel with VAM ratings or the district evaluations that are below effective;

3. Describe how the district will ensure that intervention and instruction are provided to students to address deficiencies, and that student attendance, grade, and progress monitoring data, as well as all instructional personnel assigned to the student and their VAM rating, will be monitored for the students from the closed school for three (3) school years on a quarterly basis;

4. Describe how the district will ensure that instructional personnel with VAM ratings that are below effective are not reassigned to other SI schools for the upcoming school year; and

5. Describe how the district will ensure that administrators are not reassigned to other SI schools within the district for the upcoming school year.

(11) Charter School (CH).

(a) CH-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule, and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options.

1. Ensure the district closes the school and reopens it as a charter or multiple charter schools;

2. Ensure the district enters into a contract with a charter or multiple charters that have a record of turning around schools that are low-performing with students of similar demographics or a charter school with a record of high performance;

3. Ensure that instructional personnel with VAM ratings or district evaluations that are below effective do not serve as instructional personnel at the school; and

4. Ensure the principal or school leader has a successful record and the qualifications to support the student population being served.

(b) CH-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan-Step 2, TOP-2, Charter.

1. Describe how the district will ensure that the school will close and reopen it as a charter or multiple charters;

2. Describe how the district will ensure it enters into a contract with a charter organization following established district policy and procedures;

3. Describe how the district will ensure selection of a charter organization that has a record of turning around a school serving low-performing students who have similar demographics or a charter school with a record of high performance;

4. Describe how the district will ensure that instructional personnel with VAM ratings or district evaluations that are below effective are not staffed at the school for the upcoming school year; and

5. Describe how the district will ensure the principal or school leader has a successful record and the qualifications to support the student population being served.

(c) The district shall submit to the Department for Cycle Two, Cycle Three and Cycle Four schools as described in subsection (13) of this rule, an executed contract with the charter operator no later than May 1, prior to the implementation of the Turnaround Option Plan.

(12) External Operator/Outside Entity (EO).

(a) EO-Step One. The district must meet and document the requirements set forth in paragraph (8)(a) of this rule, and the following requirements on the form entitled, Turnaround Option Plan–Step 1, TOP-1, 3-Options.

1. Ensure the district will select an EO/Outside Entity which has a record of school improvement in turning around schools that are high-poverty and low-performing with students of similar demographics;

2. Ensure that the incoming principal and school leadership team have a successful record in leading turnaround schools and the qualifications to support the population being served;

3. Ensure that instructional personnel with VAM ratings or district evaluations that are below effective are not staffed at the school;

4. Ensure that if a district-managed charter school or a high-performing charter school network is established all instructional personnel are not employees of the school district, but are employees of an independent governing board composed of members who did not participate in the review or approval of the charter;

5. Ensure the instructional programs align to Florida’s state academic standards and provide data to support intervention for students;

6. Ensure the development of an annual professional learning plan that provides ongoing tiered support to increase leadership and educator quality;

7. Ensure the principal will be replaced upon entry into EO/Outside Entity unless in collaboration with the Department, it is determined that the principal will have the skillset for turnaround success at the school;

8. Ensure the review of practices in hiring, recruitment, retention, professional learning and coaching support have been reviewed by the district and EO/Outside Entity with priority on student performance data;

9. Ensure that K-12 reading instruction is provided by teachers with a reading certificate, endorsement, or micro-credential;

10. Ensure the district will submit to the Department a MOU required by section 1001.42(21), F.S., that relieves the school from any contract restrictions that limit the ability to implement strategies to improve the school’s low performance;

11. Ensure the district will submit to the Department rosters of instructional staff at the school; and

12. Ensure that the district will enter into an annual contract with the EO/Outside Entity to provide turnaround services or to operate the school following established district policies and procedures and that the contract with an EO/Outside Entity will include:

a. Performance indicators and growth metrics that the EO/Outside Entity must meet during the term of the contract showing that the school is on track to earn at least a “C” grade within two (2) years and that ties payment to such improvement;

b. The district’s authority to terminate or non-renew the contract for a second year should the EO/Outside Entity fail to meet the performance indicators and growth metrics or fail to meet its contractual obligations;

c. Services and responsibilities for leadership and instructional staffing, curriculum and instruction, assessments, progress monitoring and professional learning;

d. EO/Outside Entity’s record of school improvement and its role in recruitment, selection and placement of instructional personnel and the school leadership team;

e. Where the district has an existing contract with the EO/Outside Entity, a detailed provision outlining the new or modified services to be provided by the EO/Outside Entity;

f. A detailed budget with conditions of payment based on performance indicators, including a deferred payment of the final installment of thirty-three (33) percent of the contracted amount until delivery of agreed upon improvement and outcomes. The contract must include a provision where the final thirty-three (33) percent of the contract value may not be paid until and unless the EO/Outside Entity demonstrates that the school has achieved at least a “C” grade or that the school has improved by at least four (4) school grade percentage points overall; and

g. The district’s authority to modify, terminate or non-renew the contract for a second year should the State Board determine that the EO/Outside Entity failed to meet the performance indicators, growth metrics or is otherwise not on track to achieve a grade of at least a “C” within two (2) years of the release of school grades.

(b) EO-Step Two. The district must meet and document the following requirements on the form entitled, Turnaround Option Plan-Step 2, TOP-2.

1. Describe how the district selected an EO/Outside Entity that has a record of school improvement in turning around schools that are low-performing with students of similar demographics;

2. Provide a summary of the EO/Outside Entity plan that includes information on leadership, standards-based instruction and the culture and environment;

3. Describe how the two-year EO/Outside Entity plan and the annual SIP work together to improve student performance;

4. Describe the district leadership team and its role in implementing the EO/Outside Entity plan;

5. Describe how the incoming principal and school leadership team who have a successful record in leading SI schools and the qualifications to support the population being served were selected;

6. Describe how the district will ensure that instructional personnel with VAM ratings that are below effective are not staffed at the school;

7. Describe the process for filling vacancies in core content areas ensuring incentives are offered and priority in hiring is given to the school;

8. Describe how instructional personnel with Highly Effective or Effective VAM ratings are recruited;

9. Describe how the instructional programs align to Florida’s state academic standards across grade levels and are proven to be effective with schools that are low-performing with students of similar demographics;

10. Describe how the instructional and intervention programs for reading are consistent with section 1001.215(8), F.S.;

11. Describe the district’s allocation of resources and how they align to the specific needs of the school;

12. Describe how remedial and supplemental instruction resources are prioritized for K-3 students with a substantial deficiency in reading in accordance with the district’s K-12 Comprehensive Evidence-Based Reading Plan provided under Rule 6A-6.053, F.A.C.;

13. Describe the district’s systems that ensure the school has effective educators capable of improving student achievement, including priority in hiring, recruitment and retention incentives and professional learning and coaching support;

14. Describe how the district will ensure that if a district-managed charter school is established all instructional personnel are not employees of the school district, but are employees of an independent governing board composed of members who did not participate in the review and approval of the charter; and

15. Describe how the district will enter into an annual contract with the EO/Outside Entity to operate the school following established district policies and procedures and describe the state of contract negotiations with an EO/Outside Entity that addresses:

a. Performance indicators and growth metrics that the EO/Outside Entity must meet to demonstrate that during the term of the contract there will be quantifiable evidence of improvement showing that the school is on track to earn at least a “C” grade within two (2) years and that ties payment to such improvement;

b. The district’s authority to terminate or non-renew the contract for a second year should the EO/Outside Entity fail to meet the performance indicators or fail to meet its contractual obligations;

c. Services and responsibilities in leadership and instructional staffing, curriculum and instruction, assessments, progress monitoring and professional learning;

d. The EO/Outside Entity’s role in recruitment, selection and placement of instructional personnel and the school leadership team;

e. Where the district has an existing contract with the EO/Outside Entity, a detailed provision outlining the new or modified services to be provided by the EO/Outside Entity;

f. A detailed budget with conditions of payment based on performance indicators, including a deferred payment of the final installment of thirty-three (33) percent of the contracted amount until delivery of agreed upon improvement and outcomes. The contract must include a provision where the final thirty-three (33) percent of the contract value may not be paid until and unless the EO/Outside Entity demonstrates that the school has achieved at least a “C” grade or that the school has improved by at least four (4) school grade percentage points overall; and

g. The district’s authority to modify, terminate or non-renew the contract for a second year should the State Board determine that the EO/Outside Entity failed to meet the performance indicators, growth metrics or is otherwise not on track to achieve a grade of at least a “C” within two (2) years of the release of school grades.

(c) The district shall submit to the Department for Cycle Two, Cycle Three and Cycle Four schools, an executed performance contract with the EO/Outside Entity, prior to the implementation of the Turnaround Option Plan.

(13) Timeline. The deadlines the district must meet are set forth below.

(a) Tier 1 SI schools:

1. SI-1 and SI-2 Checklist forms are due prior to the start of the school year and must be reviewed by the district at a minimum of three (3) times a year;

2. Instructional Staff Rosters are due August 30; and

3. MOU is due September 1.

(b) Tier 2-SI schools:

1. For DMT, CH and EO/Outside Entity schools, the SI-1 and SI-2 Checklist forms are due prior to the start of the school year and reviewed by the district at a minimum of three (3) times a year;

2. Instructional Staff Rosters are due August 1;

3. For DMT schools, MOU is due September 1;

4. TOP-1 due September 1 after the school grade requiring turnaround is issued; and

5. TOP-2 due October 1 of the same school year.

(c) Tier 3 SI schools:

1. For DMT, CH and EO/Outside Entity schools, the SI-1 and SI-2 Checklist forms must be completed with the Regional School Improvement team prior to the start of the school year and reviewed by the district at a minimum of three (3) times a year;

2. Instructional Staff Rosters are due August 1, except for RC;

3. For DMT schools, MOU is due September 1;

4. TOP-1 is due November 1 of the school year prior to implementation;

5. TOP-2 and proposed contract with an EO/Outside Entity or CH is due January 31 of the school year prior to implementation; and

6. Executed annual contract with an EO/Outside Entity or CH due May 1, prior to the school year of implementation of the Turnaround Option Plan.

(d) Principal Change Verification Form is due to the Department no later than ten (10) days prior to the proposed date of the change in leadership and prior to TOP.

(e) Reassignment and Closure School Report is due to the Department quarterly for three (3) years beginning with the first year students from the closed school are reassigned.  

(14) State Board Approval of District Turnaround Option Plans.

(a) When considering whether to approve a Turnaround Option Plan, the State Board shall consider, at a minimum, the following factors:

1. The strength of the Turnaround Option Plan;

2. Whether the plan is sufficiently tailored to address the causes of low performance;

3. The prior record of the proposed school leadership team in improving low performing schools;

4. The school district’s history of success with this school and other low performing schools in the district; and

5. The extent to which the recommendations of the RED and the Department have been incorporated into the district’s Turnaround Option Plan.

(b) Approval. The State Board shall approve a Turnaround Option Plan when a school district:

1. Meets the requirements for Turnaround Option Plan set forth in this rule and incorporated forms; and

2. Demonstrates that it is more likely than not that the school will improve to a grade of at least a “C” during implementation of the two year Turnaround Option Plan or where a district has selected reassignment and closure (RC), demonstrates that the intervention and instruction to be provided to students from the closed school are sufficiently tailored and robust to improve deficiencies..

(15) Revocation of an Approved Turnaround Option Plan.

(a) The State Board is authorized to revoke a Turnaround Option Plan when:

1. A district has failed to follow the terms of its approved Turnaround Option Plan or meet the requirements for such plans, as set forth in subsections (9) through (12) of this rule; and

2. It is unlikely the school will improve to a grade of at least a “C” during the remainder of the implementation of the two-year Turnaround Option Plan.

(b) Prior to revocation, the State Board shall consider, at a minimum, any curative action taken or proposed by the district and the feasibility of an amended plan to improve student performance during the remainder of the approval period.

(c) A school district shall be afforded written notice at least seven (7) days before the matter will be considered by the State Board.

(d) Upon revocation, a district shall be afforded no less than twenty (20) days to submit a revised Turnaround Option Plan to the State Board.

(16) Exiting School Improvement. In order to exit SI, a school must meet one of the following requirements:

(a) When the school is categorized as a SI school based upon its grade, the school must earn a grade of at least a “C;” or

(b) When the school is categorized as a SI school solely based upon its graduation rate, the school must achieve a graduation rate that exceeds sixty-seven (67) percent.

(17) Extension of a Turnaround Option Plan.

(a) A district may request additional time to implement its Turnaround Option Plan if the request is approved by the local school board and the following conditions are met:

1. The request is received by the Department on or before November 1 of the year before the extension would be implemented, and is submitted on the form entitled TOP-1, 3-Options;

2. The request demonstrates that the school has a positive trajectory using the school grade components listed in Section 1008.34(3)(b), F.S;

3. The request demonstrates that the SI school has no instructional personnel with VAM ratings of Unsatisfactory and that the percentage of instructional personnel with VAM ratings of Needs Improvement is at or below the district percentage where the district has more than five (5) schools, or the state percentage where the district has five (5) or fewer schools;

4. During the remainder of the implementation of the Turnaround Option Plan, the district agrees to staff the school without any Unsatisfactory rated instructional personnel and maintain or improve the school’s percentage of Needs Improvement rated instructional personnel from the percentage reported; and

5. The request includes a description of the services that will be implemented to ensure the sustainability of improvement in the next year and beyond.

(b) The State Board of Education shall approve a district’s request for additional time to implement its Turnaround Option Plan when a school district:

1. Meets the requirements set forth in paragraph (17)(a) of this rule; and

2. The State Board determines that the school district has demonstrated that it is more likely than not that the school will improve to a grade of at least a “C” during an extended period of implementation of the Turnaround Option Plan.

(18) Failure to comply with the requirements of this rule will subject a district to the remedies provided in Section 1008.32, F.S.

(19) Forms. The following forms are hereby incorporated by reference: Form SI-1, Checklist (District Form) (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15722); Form SI-2, Checklist (School Form) (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15723); Form PCV-1, Principal Change Verification (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15724); Form TOP-1, District-managed Turnaround Plan-Step 1 (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15725); Form TOP-2, District-managed Turnaround Plan–Step 2 (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15726); Form TOP-1, Turnaround Option Plan-Step 1, 3-Options (effective October 2019) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15727); Form TOP-2, Turnaround Option Plan-Step 2, Reassignment/Closure (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15728); Form TOP-2, Turnaround Option Plan-Step 2, Charter (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15729); and Form TOP-2, Turnaround Option Plan-Step 2, External Operator/Outside Entity (effective August 2023) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15730). All forms may be obtained by contacting the BSI, Division of Public Schools, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

State Board Rule 6A-1.099822 - School Improvement Rating for Alternative Schools

Effective February 20, 2018

This rule discusses the requirement of applying a school improvement rating for alternative schools who do not receive a traditional school grade.

https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.099822

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) “Alternative schools.” For purposes of school accountability improvement ratings, an alternative school is any school that provides dropout prevention and academic intervention services pursuant to Section 1003.53, F.S.

(b) “Exceptional Student Education (ESE) Center School” means exceptional student education center schools as defined in Rule 6A-1.099828, F.A.C.

(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-1.094223, 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) Prior to the calculation of school improvement ratings for alternative schools, as described in this rule, the Department of Education will annually identify alternative schools based on the information submitted by school districts.

1. Districts will be given two (2) weeks to submit recommended additions and deletions to the Department through the Master School Identification information change process described in Rule 6A-1.0016, F.A.C.

(b) Schools identified as alternative schools and ESE Center schools 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 (3)(a) of this rule and ESE Center school identified pursuant to Rule 6A-1.099828, F.A.C., 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 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) To ensure that student data accurately represent school performance, schools shall assess at least eighty (80) percent of their eligible students to qualify for a school improvement rating. If a school tests less than ninety (90) percent of its students, the school may not earn a rating higher than Maintaining.

(e) Eligible students for determining the percent tested. The percent-tested calculation shall be based on the count of students who were enrolled during the third period full-time equivalent (FTE) student membership survey as specified in Rule 6A-1.0451, F.A.C., and who were also enrolled at the time of statewide standardized testing.

(f) A school shall receive a rating based solely on the components for which it has sufficient data to perform the calculation. Sufficient data exists when at least ten (10) students are eligible for inclusion in the calculation of the component. If a school does not have sufficient data to calculate a measure, that measure shall not be calculated for the school. If a school does not have sufficient data to receive a rating for three (3) consecutive years, then in the third year the school will receive a rating based on the most recent three (3) years of data.

(4) School Improvement Rating System.

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

1. Learning gains in English Language Arts. The percentage of students enrolled in the second or third period full-time equivalent (FTE) student membership surveys as specified in Rule 6A-1.0451, F.A.C., and were tested, who demonstrate learning gains in English Language Arts as defined in paragraph 6A-1.09981(2)(b), F.A.C.

2. Learning gains in Mathematics. The percentage of students enrolled in the second or third period full-time equivalent (FTE) student membership surveys as specified in Rule 6A-1.0451, F.A.C., and were tested, who demonstrate learning gains in Mathematics (on the statewide standardized Mathematics assessment for grades 3 through 8, Algebra 1, and Geometry), as defined in paragraph 6A-1.09981(2)(b), F.A.C.

(b) Procedures for calculating school improvement ratings.

1. The overall school improvement rating of Commendable, Maintaining, or Unsatisfactory as designated in Section 1008.341(2), F.S., shall be calculated based on the percentage of possible points earned by each school for the components applicable to the individual school. In the calculation of the school’s improvement rating, 100 points are available for each component with sufficient data, with one (1) point earned for each percentage of students meeting the criteria for the component. The points earned for each component shall be expressed as whole numbers by rounding the percentages. Percentages with a value of .5 or greater will be rounded up to the nearest whole number, and percentages with a value of less than .5 will be rounded down to the nearest whole number. The school’s improvement rating is determined by summing the earned points for each component and dividing this sum by the total number of available points for all components with sufficient data. The percentage resulting from this calculation shall be expressed as a whole number using the rounding convention described in this subparagraph.

2. School improvement ratings shall be assigned to schools based on the percentage of total applicable points earned as follows:

a. Fifty (50) percent of total applicable points or higher equals a rating of  Commendable;

b. Twenty-six (26) to forty-nine (49) percent of total applicable points equals a rating of Maintaining; and,

c. Twenty-five (25) percent of total applicable points or less equals a rating of Unsatisfactory.

(5) Notwithstanding paragraph (3)(c), of this rule, the provisions of subsections 6A-1.09981(6) and (7), F.A.C. shall apply to school improvement ratings except that the provisions of subparagraphs (6)(a)1. and (7)(f)2., regarding the percent of students tested at the school, is applicable when the percent of students tested at the school is less than eighty (80) percent of the school’s eligible student population.

State Board Rule 6A-1.099827 - Charter School CAPs & SIPs

Effective October 17, 2017

This rule discusses the requirement of charter schools corrective action and school improvement plans. 

https://www.flrules.org/gateway/RuleNo.asp?title=FINANCE%20AND%20ADMINISTRATION&ID=6A-1.099827

6A-1.099827 Charter School Corrective Action and School Improvement Plans.

(1) Required Plans.

(a) A charter school that receives a school grade of “D” or “F” pursuant to Section 1008.34(2), F.S., must develop and submit a school improvement plan to its sponsor.

(b) A charter school that earns three (3) consecutive grades below a “C” must submit to its sponsor a school improvement plan that includes one of the corrective actions listed in subsection (6), of this rule.

(2) Notifications.

(a) Upon release of school grades the Department of Education will publish a list of charter schools that meet the criteria in subsection (1), of this rule. The list will be published at http://www.fldoe.org/schools/schools-choice/charter-schools/. Upon publication of the list by the Department of Education, a sponsor shall notify, in writing, each charter school in its district that is required to appear before the sponsor and submit a school improvement plan pursuant to subsection (1), of this rule. The notification shall include the following:

1. The date, time, and location of the publicly noticed meeting that the director and a representative of the Charter School Governing Board shall appear before the sponsor. For the purposes of this rule the term “Director” shall mean charter school director, principal, chief executive officer or other management personnel with similar authority. The appearance shall be no earlier than thirty (30) calendar days and no later than ninety (90) calendar days after notification is received by the school,

2. The date by which the school must submit its proposed school improvement plan to sponsor staff for review which shall be no earlier than thirty (30) calendar days after notification is received by school; and,

3. Whether the school is required to select a corrective action pursuant to paragraph (1)(b), of this rule.

(b) Notifications may be delivered electronically with proof of receipt.

(3) Appearances.

(a) Upon receipt of notification pursuant to subsection (2), of this rule, the director and a representative of the governing board shall appear before the sponsor at the publicly noticed meeting.

(b) The director and governing board representative shall present to the sponsor a school improvement plan that includes, at a minimum, the components identified in subsection (4), of this rule.

(4) School Improvement Plans.

(a) A charter school that receives a school grade of “D” or “F”, but is not subject to corrective action pursuant to paragraph (1)(b), of this rule shall submit to its sponsor a school improvement plan that includes, at a minimum, the following components:

1. Mission statement of school,

2. Academic data for most recent three (3) years, if available,

3. Student achievement objectives included in the charter contract or most recent sponsor approved school improvement plan,

4. Analysis of student performance data including academic performance by each subgroup,

5. Detailed plan for addressing each identified deficiency in student performance, including specific actions, person responsible, resources needed, and timeline,

6. Identification of each component of school’s approved educational program that has not been implemented as described in the school’s approved charter application or charter contract,

7. Detailed plan for addressing each identified deficiency noted in subparagraph (4)(a)6., of this rule, including specific actions, person responsible, resources needed, and timeline,

8. Identification of other barriers to student success, with a detailed plan for addressing each barrier including specific actions, person responsible, resources needed, and timeline; and,

9. Specific student achievement outcomes to be achieved.

(b) A charter school that is subject to corrective action pursuant to paragraph (1)(b), of this rule, shall submit to its sponsor a school improvement plan that includes, at a minimum, each of the components listed in paragraph (4)(a), of this rule, and the following:

1. Governing board resolution selecting one of the corrective action options pursuant to subsection (6), of this rule,

2. A detailed implementation timeline; and,

3. A charter school may submit as part of its school improvement plan a request to waive the requirement to implement a corrective action. The waiver request must include information that demonstrates that the school is likely to improve a letter grade if additional time is provided to implement the strategies included in the school improvement plan.

(5) Approvals.

(a) A sponsor shall approve or deny a school improvement plan submitted pursuant to subsection (4), of this rule. The sponsor shall notify the charter school in writing within ten (10) calendar days of its decision to approve or deny the school improvement plan.

(b) A sponsor may deny a school improvement plan if it does not comply with subsection (4), of this rule. If denied, the sponsor shall provide the charter school, in writing, the specific reasons for denial and the timeline for resubmission.

(c) A charter school or sponsor may request mediation pursuant to Section 1002.33(6), F.S., if the parties cannot agree on a school improvement plan.

(6) Corrective Actions.

(a) Upon meeting one of the conditions in paragraph (1)(b), of this rule, and receiving notification pursuant to subsection (2), of this rule, a charter school governing board shall select one of the following corrective actions for implementation the following school year:

1. Contract for educational services to be provided directly to students, instructional personnel, and school administrators. The charter school may select an Education Management Organization or Academic Management Organization to provide services to charter school students, teachers, and administrators, including services such as, but not limited to, instructional coaching, curriculum review and alignment, and data literacy,

2. Contract with an outside entity that has a demonstrated record of effectiveness to operate the school,

3. Reorganize the school under a new director or principal who is authorized to hire new staff,

4. Voluntarily close.

(b) The selection of the corrective action shall be made by the governing board and is not subject to sponsor approval.

(c) A charter school is no longer required to implement a corrective action if it improves to a “C” or higher, but must continue to implement the strategies identified in the school improvement plan.

(d) A charter school implementing a corrective action that does not improve to a “C” or higher after two (2) full school years of implementation must select a different corrective action to be implemented in the next school year unless the sponsor determines that the charter school is likely to improve a letter grade if additional time is provided.

(7) Monitoring.

(a) Sponsors shall monitor the implementation of school improvement plans.

(b) Annually, the sponsor shall notify, in writing, each charter school implementing a school improvement plan of the requirement to appear before the sponsor to present information regarding the progress of the approved school improvement plan. The notification shall include the date, time, and location of the publicly noticed meeting at which the director and a representative of the charter school shall appear.

(8) Waivers of Termination.

(a) The State Board of Education may waive termination for a charter school that has received two (2) consecutive grades of “F” if the charter school demonstrates that the learning gains of its students on statewide assessments are comparable to or better than the learning gains of similarly situated students enrolled in nearby district public schools. The waiver is valid for one (1) year and may only be granted once.

(b) No later than fifteen (15) days after the Department’s official release of school grades, the governing board of a charter school that has received two (2) consecutive grades of “F” may submit a request to the State Board of Education for a waiver of termination. Charter schools that have been in operation for more than five (5) years are not eligible for a waiver.

(c) The charter school shall submit ten (10) hard copies of the waiver request to the Agency Clerk for the Department of Education, 325 West Gaines Street, Room 1520, Tallahassee, Florida 32399-0400.

(d) The charter school shall certify that it has provided the district school board a copy of the waiver request as provided herein by filing a certificate of service with the Agency Clerk stating the person and address to which the copy was provided and the date of mailing or other transmittal.

(e) The waiver request shall not exceed five (5) pages. Information provided beyond the five (5) page maximum will not be discussed nor considered by the State Board of Education. The waiver request shall be on 8 1/2 x 11 inch paper, double spaced, except quoted material and footnotes. Typewritten text, including footnotes must be no smaller than ten (10) pitch spacing, and there must be no more than twenty-six (26) lines of text per paper. Margins shall be no less than one (1) inch at the top, bottom, left and right.

(f) The waiver request must include the name of the school, the Master School Identification Number, and the physical address of the school. The waiver request must be signed by the chair of the charter school governing board and include a certification that the governing board voted at a duly noticed public meeting to support the submission of the waiver request.

(g) In determining whether to grant a waiver the State Board of Education shall review student achievement data provided by the Department of Education and shall provide such data to the charter school and the sponsor no later than seven (7) calendar days prior to the State Board meeting at which the waiver request is to be considered. Analysis of student learning gains data must be based on comparisons between students enrolled in the charter school and similarly situated students enrolled in nearby district public schools and may include such factors as prior performance on state assessments, disability status, and English language learner status. Nearby district public schools shall include the three (3) geographically closest district public schools with similarly situated students. If three such schools do not exist within the school district the comparison may include less than three.

(h) The State Board of Education shall approve or deny the request.

(i) The filing of a timely waiver request under this rule that complies with the requirements in paragraphs (8)(b), (d) and (f), of this rule, shall automatically stay any pending termination of the charter school requesting the waiver until such time as the State Board of Education has ruled on the waiver request.

State Board Rule 6A-6.03411 – Definitions, ESE Policies, Procedures, Administrators

Effective December 23, 2014

This rule lays out definitions and requirements regarding ESE procedures for students with disabilities.

https://www.flrules.org/gateway/ruleNo.asp?id=6A-6.03411

6A-6.03411 Definitions, ESE Policies and Procedures, and ESE Administrators.

(1) Definitions. As used in Rules 6A-6.03011-.0361, F.A.C., regarding the education of exceptional students, the following definitions apply:

(a) Accommodations. Accommodations are changes that are made in how the student accesses information and demonstrates performance.

(b) Assistive technology device. Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a student with a disability. The term does not include a medical device that is surgically implanted, or the replacement of that device.

(c) Assistive technology service. Assistive technology service means any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:

1. The evaluation of the needs of a student with a disability, including a functional evaluation of the student in the student’s customary environment;

2. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities;

3. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

4. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

5. Training or technical assistance for a student with a disability or, if appropriate, that student’s family; and,

6. Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that student.

(d) Behavioral intervention plan (BIP). Behavioral intervention plan means a plan for a student which uses positive behavior interventions, supports and other strategies to address challenging behaviors and enables the student to learn socially appropriate and responsible behavior in school and/or educational settings.

(e) Charter school. Charter school means a school that is a public school created under Florida’s charter school law, Section 1002.33, F.S.

(f) Child/student with a disability.

1. Student with a disability means a student, including a child aged three (3) through five (5), who has been evaluated in accordance with Rules 6A-6.03011 through 6A-6.0361, F.A.C., and determined to have a disability as defined under Rules 6A-6.03011-.03027, F.A.C., but does not include students who are gifted as defined under Rules 6A-6.03019-6.030191, F.A.C.; and,

2. Who, by reason thereof, needs special education and related services. If it is determined, through an appropriate evaluation, that a student has a disability but only needs a related service and not special education, the student is not a student with a disability under Rules 6A-6.03011-.0361, F.A.C. If, however, the related service required by the student is considered special education rather than a related service under Rules 6A-6.03011-.0361, F.A.C., the student would be a student with a disability under this subsection.

(g) Consent. Consent means that:

1. The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;

2. The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and,

3. The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime. If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

(h) Day; business day; school day. Day means calendar day unless otherwise indicated as business day or school day. Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day). School day means any day, including a partial day, that students are in attendance at school for instructional purposes. School day has the same meaning for all students in school, including students with and without disabilities.

(i) Early intervention. Early intervention means developmental services that are designed to meet the developmental needs of an infant or toddler with a disability in any one (1) or more of the following areas:

1. Physical development;

2. Cognitive development;

3. Communication development;

4. Social or emotional development; or

5. Adaptive development.

(j) Educational plan (EP). EP is a plan that is developed for students identified solely as gifted and is developed pursuant to Rule 6A-6.030191, F.A.C.

(k) Elementary school. Elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education as determined under Florida law.

(l) Evaluation. Evaluation means procedures used in accordance with Rules 6A-6.03011-.0361, F.A.C., to determine whether a student has a disability or is gifted and the nature and extent of the ESE that the student needs.

(m) Exceptional student. Exceptional student means any student who has been determined eligible for a special program in accordance with these rules. The term includes students who are gifted and students with disabilities as defined in these rules.

(n) Exceptional student education (ESE). ESE means specially designed instruction and related services that are provided to meet the unique needs of exceptional students who meet the eligibility criteria described in Rules 6A-6.03011-.0361, F.A.C.

(o) Extended school year services. Extended school year services means special education and related services that are provided to a student with a disability beyond the normal school year of the school district; in accordance with the student's IEP; at no cost to the parents of the student; and meet the standards of the Florida Department of Education.

(p) Free appropriate public education (FAPE). FAPE means special education or specially designed instruction and related services for students ages three (3) through twenty-one (21) and for students who are gifted and in kindergarten through grade twelve that:

1. Are provided at public expense, under public supervision and direction, and without charge to the parent;

2. Meet the standards of the Florida Department of Education, including the requirements of Rules 6A-6.03011-.0361, F.A.C.;

3. Include an appropriate preschool, elementary school, or secondary school education in the State; and,

4. Are provided in conformity with an individual educational plan (IEP) that meets the requirements of Rule 6A-6.03028, F.A.C., an educational plan (EP) for students who are gifted that meet the requirements of Rule 6A-6.030191, F.A.C., or an individual family support plan (IFSP) (if used as an IEP) for children ages three (3) through (5) in accordance with Rule 6A-6.03029, F.A.C.

(q) Functional behavioral assessment (FBA). A FBA is a systematic process for defining a student’s specific behavior and determining the reason why (function or purpose) the behavior is occurring. The FBA process includes examination of the contextual variables (antecedents and consequences) of the behavior, environmental components, and other information related to the behavior. The purpose of conducting an FBA is to determine whether a behavioral intervention plan should be developed.

(r) General curriculum. The general curriculum is a curriculum or course of study that is available to all students and is based upon state educational standards that address the state and school district requirements for a standard diploma.

(s) Homeless student or youth. Homeless student or youth means an individual who lacks a fixed, regular, and adequate nighttime residence and includes:

1. Students and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;

2. Students and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

3. Students and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and,

4. Migratory students who qualify as homeless for the purposes of Rules 6A-6.03011-.0361, F.A.C., because they are living in circumstances described in paragraphs (a) through (c) of this subsection.

(t) Include/including. Include or including means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.

(u) Individual educational plan (IEP). IEP means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with Rules 6A-6.03011-.0361, F.A.C.

(v) Individual educational plan (IEP) team. IEP team means a group of individuals as described in Rules 6A-6.03011-.0361, F.A.C., that is responsible for developing, reviewing, or revising an IEP for a student with a disability.

(w) Individualized family support plan (IFSP). IFSP is a written plan identifying the specific concerns and priorities of a family related to enhancing their child’s development and the resources to provide early intervention services to an infant or toddler with a disability.

(x) Infant or toddler with a disability. Infant or toddler with a disability means a child under three (3) years of age who needs early intervention services because the child is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development; or has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.

(y) Limited English proficient. Limited English proficient, when used in reference to an individual, means an individual who was not born in the United States and whose native language is a language other than English; an individual who comes from a home environment where a language other than English is spoken in the home; or an individual who is an American Indian or Alaskan native and who comes from an environment where a language other than English has had a significant impact on his or her level of English language proficiency; and who, by reason thereof, has sufficient difficulty speaking, reading, writing, or listening to the English language that would deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English.

(z) Modifications. Modifications are changes in what a student is expected to learn and may include changes to content, requirements, and expected level of mastery.

(aa) Native language. Native language, when used with respect to an individual who is limited English proficient, means the language normally used by that individual, or, in the case of a student, the language normally used by the parents of the student, and in all direct contact with a student (including evaluation of the student), the language normally used by the student in the home or learning environment. For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication).

(bb) Parent.

1. Parent means:

a. A biological or adoptive parent of a student;

b. A foster parent;

c. A guardian generally authorized to act as the student’s parent, or authorized to make educational decisions for the student (but not the state if the student is a ward of the State);

d. An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the student lives, or an individual who is legally responsible for the student’s welfare; or

e. A surrogate parent who has been appointed in accordance with Rules 6A-6.03011-.0361, F.A.C.

2. The biological or adoptive parent, when attempting to act as the parent under this section and when more than one (1) party is qualified under paragraph (a) of this subsection to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the student. However, if a judicial decree or order identifies a specific person or persons under sub-subparagraphs (bb)1.a. through 1.d. of this subsection to act as the “parent” of a student or to make educational decisions on behalf of a student, then such person or persons shall be determined to be the “parent” for purposes of this subsection.

(cc) Personally identifiable. Personally identifiable means information that contains:

1. The name of the student, the student’s parent, or other family member;

2. The address of the student;

3. A personal identifier, such as the student’s social security number or student number; or

4. A list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty.

(dd) Related services.

1. General. Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a student with a disability to benefit from special education, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in students, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.

2. Exception; services that apply to students with surgically implanted devices, including cochlear implants. Related services do not include a medical device that is surgically implanted, the optimization of that device’s functioning (e.g., mapping), maintenance of that device, or the replacement of that device. However, nothing in this section limits the right of a student with a surgically implanted device (e.g., cochlear implant) to receive related services (as listed in paragraph (a) of this subsection) that are determined by the IEP Team to be necessary for the student to receive FAPE; limits the responsibility of a school district to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the student, including breathing, nutrition, or operation of other bodily functions, while the student is transported to and from school or is at school; or prevents the routine checking of an external component of a surgically-implanted device to make sure it is functioning properly.

3. Individual related services terms defined. The terms used in this definition are defined as follows:

a. Audiology includes identification of students with hearing loss; determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation; creation and administration of programs for prevention of hearing loss; counseling and guidance of students, parents, and teachers regarding hearing loss; and determination of children’s needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.

b. Counseling services means services provided by qualified social workers, psychologists, certified school counselors, or other qualified personnel.

c. Early identification and assessment of disabilities in students means the implementation of a formal plan for identifying a disability as early as possible in a student's life.

d. Interpreting services include the following, when used with respect to students who are deaf or hard of hearing: Oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, such as communication access real-time translation (CART), C-Print, and TypeWell; and special interpreting services for students who are deaf-blind.

e. Medical services means services provided by a licensed physician to determine a student's medically related disability that results in the student’s need for special education and related services.

f. Occupational therapy means services provided by a licensed occupational therapist or a licensed occupational therapy assistant pursuant to the provisions of Chapter 468, F.S., that include improving, developing or restoring functions impaired or lost through illness, injury, or deprivation; improving ability to perform tasks for independent functioning if functions are impaired or lost; and preventing, through early intervention, initial or further impairment or loss of function.

g. Orientation and mobility services means services provided to blind or visually impaired students by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community and includes teaching students the following, as appropriate:

(I) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);

(II) To use the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;

(III) To understand and use remaining vision and distance low vision aids; and,

(IV) Other concepts, techniques, and tools.

h. Parent counseling and training means assisting parents in understanding the special needs of their student; providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their student’s IEP or IFSP.

i. Physical therapy means services provided by a qualified physical therapist. Physical therapy must be provided in accordance with Chapter 486, F.S.

j. Psychological services includes administering psychological and educational tests, and other assessment procedures; interpreting assessment results; obtaining, integrating, and interpreting information about student behavior and conditions relating to learning; consulting with other staff members in planning school programs to meet the special educational needs of students as indicated by psychological tests, interviews, direct observation, and behavioral evaluations; planning and managing a program of psychological services, including psychological counseling for students and parents; and assisting in developing positive behavioral intervention strategies.

k. Recreation includes assessment of leisure function; therapeutic recreation services; recreation programs in schools and community agencies; and leisure education.

l. Rehabilitation counseling services means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.

m. School health services and school nurse services means health services that are designed to enable a student with a disability to receive FAPE as described in the student’s IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person.

n. Social work services in schools includes preparing a social or developmental history on a student with a disability; group and individual counseling with the student and family; working in partnership with parents and others on those problems in a student’s living situation (home, school and community) that affect the student’s adjustment in school; mobilizing school and community resources to enable the student to learn as effectively as possible in his or her educational program; and assisting in developing positive behavioral intervention strategies.

o. Speech-language pathology services includes identification of students with speech or language impairments; diagnosis and appraisal of specific speech or language impairments; referral for medical or other professional attention necessary for the habilitation of speech or language impairments; provision of speech and language services for the habilitation or prevention of communicative impairments; and counseling and guidance of parents, students, and teachers regarding speech and language impairments.

p. Transportation includes travel to and from school and between schools; travel in and around school buildings; and specialized equipment (such as special or adapted buses, lifts and ramps), if required to provide special transportation for a student with a disability.

(ee) School district/local education agency. As used in Rules 6A-6.03011-.0361, F.A.C., school district means a public board of education or other public authority legally constituted within the State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of the State, or for a combination of school districts or counties as are recognized in the State as an administrative agency for its public elementary schools or secondary schools. The term also includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school.

(ff) Scientifically based research. Scientifically based research means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs, and includes research that:

1. Employs systematic, empirical methods that draw on observation or experiment;

2. Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

3. Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;

4. Is evaluated using experimental or quasi-experimental designs;

5. Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication; and,

6. Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.

(gg) Secondary school. Secondary school means a nonprofit institutional day or residential school, including a public charter school that provides secondary education, as determined under Florida law, except that it does not include any education beyond grade twelve (12).

(hh) Services plan. Services plan means a written statement that has been developed and implemented in accordance with Rule 6A-6.030281, F.A.C., describes the special education and related services that a school district will provide to a parentally-placed student with a disability enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary.

(ii) Secretary. Secretary means the U.S. Secretary of Education.

(jj) Specially designed instruction. Specially designed instruction means adapting, as appropriate to the needs of an eligible exceptional student, the content, methodology, or delivery of instruction to address the unique needs of the student that result from the student’s disability or giftedness and to ensure access of the student to the general curriculum, so that he or she can meet the educational standards within the jurisdiction of the school district that apply to all students.

(kk) Special education for students with disabilities.

1. Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability, including:

a. Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and,

b. Instruction in physical education.

2. Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a) of this subsection:

a. Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;

b. Travel training; and,

c. Career and technical education.

3. Individual special education terms defined. The terms in this definition are defined as follows:

a. At no cost means that all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.

b. Physical education means the development of physical and motor fitness; fundamental motor skills and patterns; and skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports). The term also includes special physical education, adapted physical education, movement education, and motor development.

c. Travel training means providing instruction, as appropriate, to students with significant cognitive disabilities, and any other students with disabilities who require this instruction, to enable them to develop an awareness of the environment in which they live and learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).

d. Career and technical education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.

(ll) State educational agency (SEA). SEA means the Florida Department of Education.

(mm) Supplementary aids and services. Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, or other education-related settings, and in extracurricular and nonacademic settings, to enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate in accordance with Rules 6A-6.03011-.0361, F.A.C.

(nn) Transition services. Transition services means a coordinated set of activities for a student with a disability that:

1. Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student with a disability to facilitate the student’s movement from school to post school activities, including postsecondary education, career and technical education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; and,

2. Is based on the individual student’s needs, taking into account the student’s strengths, preferences and interests; and,

3. Includes:

a. Instruction;

b. Related services;

c. Community experiences;

d. The development of employment and other post-school adult living objectives; and,

e. If appropriate, acquisition of daily living skills and the provision of a functional vocational evaluation; and,

4. Transition services for students with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a student with a disability to benefit from special education.

(oo) Ward of the State. Ward of the State means a student who is a foster child, a ward of the State or in the custody of a public child welfare agency. However, ward of the State does not include a foster child who has a foster parent who meets the definition of a parent in this rule.

(2) ESE Policies and Procedures Document. For a school district to be eligible to receive state or federal funding for special education and related services for exceptional students, it shall: develop a written statement of policies and procedures for providing appropriate ESE in accordance with and as required by Rules 6A-6.03011-.0361, F.A.C., and as required by Section 1003.57(1)(b), F.S.; submit its written statement to the Bureau of Exceptional Education and Student Services, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400; and report the total number of exceptional students in the manner prescribed by the Department. Applicable state statutes, State Board of Education rules, and federal laws and regulations relating to the provision of ESE to exceptional students shall serve as criteria for the review and approval of the procedures documents. This procedures document is intended to provide district and school-based personnel, parents of exceptional students, and other interested persons information regarding the implementation of the State’s and school district’s policies regarding ESE programs. The procedures document shall be submitted in accordance with timelines required by the Department.

(3) ESE Administrator.

(a) Each school district shall designate a staff member to serve as administrator of exceptional student education who shall be responsible for the following:

1. Coordinating all school district services for exceptional students;

2. Ensuring that parents have been appropriately informed of their student’s eligibility determination and their procedural safeguards in accordance with Rules 6A-6.03011-.0361, F.A.C.

3. Informing, in writing, all appropriate school personnel, including the principal, of the student’s eligibility for special education and related services; and,

4. Ensuring the implementation of services to exceptional students.

(b) The ESE Administrator is authorized to delegate the responsibilities of this rule.

State Board Rule 6A-6.20020 - Charter School Capital Outlay

Effective September 21, 2021

This rule discusses how charter schools receive Capital Outlay funding.

https://www.flrules.org/gateway/RuleNo.asp?title=EDUCATIONAL%20FACILITIES&ID=6A-2.0020

6A-2.0020 Eligibility for Charter School Capital Outlay.

The following provisions are established for the determination of eligibility of charter schools pursuant to Section 1013.62, F.S. Except as expressly provided herein, proof of eligibility requirements must be provided to the Department by July 1 of the fiscal year for which the charter school seeks funding. The continuation of funding is dependent upon maintaining eligibility requirements during the fiscal year.

(1) A charter school may be considered a part of an expanded feeder chain under Section 1013.62, F.S., if it either sends or receives at a majority of its students directly to or from a charter school that is currently receiving capital outlay funding in the same fiscal year for which the charter school seeks funding. A charter school must submit an application by the deadline in paragraph (7)(a) of this rule. The Department shall determine eligibility by applying the feeder chain criteria in Section 1013.62(1)(a)1.c., F.S., to the fiscal year’s data from the October full-time equivalent (FTE) student enrollment survey conducted pursuant to Section 1011.62(1)(a), F.S., in the same fiscal year for which the charter school seeks funding. The Department shall calculate the funding amount associated with a school for which enrollment projections are estimated to meet the feeder chain eligibility criteria and shall distribute funds generated by the formula in Section 1013.62, F.S., upon proof of an expanded feeder chain from the October FTE student enrollment survey data.

(2) Pursuant to Section 1013.62(1)(a)1.d., F.S., charter schools that have been accredited by a regional accrediting association as defined by Rule 6A-4.003, F.A.C., may be eligible for charter school capital outlay. Proof of accreditation by a regional accrediting association must be delivered to the Department by the deadline established in paragraph (7)(a), for the fiscal year for which the charter school seeks funding to meet the eligibility requirement in Section 1013.62(1)(a)1.d., F.S. The continuation of funding is dependent upon maintaining accreditation during the current fiscal year. A charter school anticipating accreditation during a fiscal year shall include documentation of application for accreditation. The Department shall estimate the funding amount associated with a charter school anticipating accreditation during the fiscal year and distribute funds generated by the formula in Section 1013.62, F.S., upon proof of final accreditation, if proof of accreditation for the school year is received by the Department by December 1 of the fiscal year for which the charter school seeks funding. If the Department does not receive proof of a charter school’s official accreditation by December 1, the charter school shall be determined ineligible for that fiscal year.

(3) A charter school must have been in operation for two (2) or more full school years by July 1 of the fiscal year for which the charter school seeks funding to meet the eligibility requirement in Section 1013.62(1)(a)1.a., F.S.

(4) Satisfactory student achievement under Section 1013.62(1)(a)3., F.S., shall be determined by the school’s most recent grade designation or school improvement rating from the state accountability system as defined in Sections 1008.34 and 1008.341, F.S. Satisfactory student achievement for a school that does not receive a school grade or a school improvement rating, including a school that has not been in operation for at least one school year, shall be based on the student performance metrics in the charter school’s charter agreement. Allocations shall not be distributed until such time as school grade designations are known.

(a) A charter school that receives a grade designation of “F” or two (2) consecutive grades lower than a “C” shall not be eligible for capital outlay funding.

(b) A charter school that receives a school improvement rating of “Unsatisfactory” shall not be eligible for capital outlay funding.

(5) Eligibility for the additional school weight for free or reduced price lunch and the additional school weight for students with disabilities under Section 1013.62(1)(c)1., F.S., shall be determined by the students’ status as reported in the fiscal year’s October FTE student enrollment survey for the fiscal year in which funding is sought. The number of students eligible for free or reduced lunch for a school that provides free breakfast and lunch to all students under the Community Eligibility Provision of the Healthy, Hunger-Free Kids Act of 2010 shall be calculated by applying the multiplier authorized in Section 11(a)(1)(F)(vii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) to the number of students reported to the Department as eligible for free meals based upon the Direct Certification determination. For schools that do not participate under the Community Eligibility Provision of the Healthy, Hunger-Free Kids Act of 2010, the number of students eligible for free or reduced price lunch shall be the number of students reported to the Department as eligible.

(6) A charter school whose most recent available audit, pursuant to Section 218.39, F.S., reveals any of the financial emergency conditions provided in Section 218.503(1), F.S., is not eligible to receive charter school capital outlay.

(a) Upon notification pursuant to Section 1002.345, F.S., that a charter school’s audit reveals one or more of the financial emergency conditions in Section 218.503(1), F.S., the Department shall immediately discontinue distributions of charter school capital outlay funding for the school.

(b) A charter school shall remain ineligible to receive charter school capital outlay until the school produces an annual financial audit conducted pursuant to Section 218.39, F.S., which does not reveal any of the financial emergency conditions in Section 218.503(1), F.S., at which time capital outlay funding shall be calculated in an amount proportionate to the number of months remaining in the fiscal year.

(7) Pursuant to Section 1013.62(5), F.S., the procedures for submitting and approving an application for funding and the procedures for documenting expenditures, are as follows:

(a) Charter schools must submit an application using form IEPC-CO1, Charter School Capital Outlay Application, effective September 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-13498), which is hereby incorporated by reference in the rule, which may be accessed through https://www.floridaschoolchoice.org/login/login_charter_school.asp. The application may be obtained by contacting the Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 1044, Tallahassee, Florida 32399-0400. The Department will accept hard copy versions of the application. Hard copies should be sent to 325 West Gaines Street, Suite 1044, Tallahassee, Florida 32399. Applications are due by July 1 of the fiscal year for which funding is sought. The Department may extend the deadline for all applications by posting the extended deadline on its website. The charter school shall include the purpose for which the funds will be expended. The Department shall review the application, determine eligibility, and direct the allocation and distribution of such funds in accordance with that determination.

(b) The Sponsor shall forward state appropriated capital outlay funds pursuant to the provisions of Section 1002.33(17)(e), F.S., to any charter school that is determined to be eligible by the Department under this rule. The Sponsor shall distribute discretionary millage authorized in Section 1011.71(2), F.S., according to the provisions in Section 1013.62, F.S. The charter school shall include all revenues and expenditures pursuant to Section 1013.62, F.S., in its monthly or quarterly financial statements pursuant to Section 1002.33(9)(g), F.S., and shall maintain all documentation of such expenditures and provide such documentation to the Sponsor upon request as necessary to monitor compliance with applicable law governing the proper use of such funds.

(c) If overpayments occur, the Department of Education will take any or all of the following actions: require a charter school to return the overpaid amount; adjust a school’s allocations in future years; or seek to collect the overpayment in any manner authorized by law.

Rulemaking Authority 1001.02, 1013.62 FS. Law Implemented 1013.62 FS. History–New 12-15-09, Amended 8-13-17, 8-21-18, 9-21-21