FLORIDA DEPARTMENT OF EDUCATION
?
STATE BOARD OF EDUCATION
Dr. Eric J. Smith
Commissioner of Education
T. WILLARD FAIR,
Chairman
Members
DONNA G. CALLAWAY
DR. AKSHAY DESAI
ROBERTO MARTÍNEZ
PHOEBE RAULERSON
KATHLEEN SHANAHAN
LINDA K. TAYLOR
MEMORANDUM
TO:
District Superintendents
FROM:
Dr. Frances Haithcock
DATE:
May 2, 2008
SUBJECT:
(1) FINAL STATUS OF 2007 AYP WAIVER REQUESTS FOR SCHOOLS
AFFECTED BY THE U.S. DEPARTMENT OF EDUCATION’S DECISION ON
FAAR PARTICIPATORY LEVEL STUDENTS (2) UPDATE ON 2008 AYP
FLEXIBILITY REQUESTED FOR STUDENTS WITH DISABILITIES
This is to inform you of the final status of waiver support requested by the Florida Department of
Education from the U.S. Department of Education (USED) on behalf of schools that did not make AYP in
2007 because certain students with disabilities (SWDs) who were tested with alternate assessments were
counted as “not tested” for AYP purposes. In a letter to USED on October 26, 2007, the Florida
Department of Education stated that appeals for these schools would be considered on a case-by-case
basis and requested USED’s support of the process. In a response dated November 16, 2007, USED
officials indicated that they would not support revisiting appeals for these schools because NCLB limits
the application of appeals to situations in which an AYP result is in error “for statistical or other
substantive reasons” and that these appeals did not fall under that application of federal law. USED
officials maintained that these schools did not make AYP because the students in question “were not
validly included in the assessment system” and not because there was a statistical error in the AYP
calculation for the schools. Without USED’s support of waivers for these schools, the Florida Department
of Education has determined that the AYP status currently assigned to these schools for 2007 will remain
in effect and will not change.
In other related matters, there have recently been questions about which (if any) available flexibilities for
SWDs that Florida will request from USED for the 2008 AYP calculation.
DR. FRANCES HAITHCOCK
?
CHANCELLOR OF PUBLIC SCHOOLS
?
325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
Memorandum to District Superintendents
May 2, 2008
Page Two
For 2008, Florida has requested the same interim mathematical adjustment to the proficiency results for
SWDs that was granted by USED and applied in Florida’s 2007 AYP calculation. The adjustment applies
only to schools and districts that did not make AYP based solely on the students with disabilities
subgroup scores. This option allows a state to make a mathematical adjustment to the proficiency rate of
that subgroup in order to provide additional credit to these schools or districts.
The adjustment is based on the percentage of special education students (as defined in the Individuals
with Disabilities Education Act) that is equated with 2.0 percent of all students assessed. This proxy is
then added to the percentage of students with disabilities who are proficient.
An example of how the proxy is calculated follows:
For 2006-07, 234,693 students with disabilities were assessed in Florida. This count is divided by
1,596,083 total students assessed in Florida = 14.7%. The 14.7% is divided into 2.0% (2.0% is prescribed
by USED) = 14%, which was the mathematical adjustment for 2006-07.
Example
Schools
Actual SWD
Proficient
Reading
FL Mathematical
Adjustment
Adjusted
Proficiency
Actual + 14%
Annual
Target
for 0607
Adjusted AYP
Decision
School A
13%
14%
27%
51%
No
School B
45% 14% 59%
51%
Yes
School C
15% 14% 29%
51%
No
Please note, however, that additional qualifying criteria has been established for USED approval of states’
requests for this flexibility for 2008, including the requirement to “show evidence of substantial progress
in developing an alternate assessment based on modified academic achievement standards.” In the
application for this flexibility for 2008, Florida described steps that would need to be taken to develop a
modified assessment for these purposes.
A response from USED regarding Florida’s request for this flexibility is pending. Given Florida’s current
budgetary situation, our most significant challenge to developing and implementing a modified
assessment is funding; currently the development and implementation of a modified assessment is
unfunded. The estimated fiscal impact would be approximately $2.3 million annually for the next five
years. This estimate is based on current costs for the development and administration of the Florida
Alternate Assessment.
As you are aware, we have had to cut the 2008-09 assessment budget, and if the fiscal outlook for 2009-
10 or beyond improves, the State Board of Education may consider the development of a modified
assessment as a future initiative.
If I can be of further assistance, please feel free to contact me at (850) 245-0509.
FH/smc
