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08-17-2021 ACES Governing Board Meeting Agenda Governing Board Facilitator Governing Board - Donald J.Wasson Mayor]Enid Weisman City Manager Vice Mayor Dr.Linda Marks Commissioner Jonathan Evans "*� .^' City Clerk Commissioner Rachel S.Friedland � Ellisa L.Horvath,lYMC Commissioner Demise Landman Mnr .m+' Commissioner Marc Narotsky air City Attorney Commissioner Robert Shelley Weiss Serota Helfman Cole&Bierman AVENTURA CITY OF EXCELLENCE SCHOOL GOVERNING BOARD SPECIAL MEETING AGENDA AUGUST 17, 2021 10:00 a.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 AVENTURA CITY COMIVHSSION,ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL(ACES): 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. DISCUSSION AND MOTION APPROVING THE 2021-2022 WELCOME BACK TO SCHOOL PLAN FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL 4. DISCUSSION AND MOTION APPROVING THE 2020-2021 SCHOOL ACCOUNTABILITY GRADE/SCHOOL IMPROVEMENT RATING FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL 5. OTHER BUSINESS 6. ADJOURNMENT. This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission,acting in its capacity as the Aventura City of Excellence Charter School(ACES)Governing Board,with respect to any matter considered at such meeting or hearing will need a record of the proceedings and,for such purpose,may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. J ESTABLISHED 2003 T 1 } s s A�derr�6er�f c� r- H�IITI ACES EALGLE BACKTO SCHOOL PLAN AVENTURA CITY OF EXCELLENCE SCHOOL 2021-2022 "This will be an amazing year thanks in large part to the trust and support of our ACES Families" CONTENTS 1 Message from Principal 2 Governing Board Recognition 3 Innovative Learning Opportunities 4-6 School Safety Measures and Protocols 7 School Community Protocols 8 Before and After Care, Enrichment and Extracurricular Activities 8 Final Note BACKTO SCHOOL PLAN AVENTURA CITY OF EXCELLENCE SCHOOL 2021-2022 A MESSAGE FROM DR. TYRKALA AND CSUSA Dear ACES Families, As we prepare for the start of the 2021-2022 school year we must once aga, e ready to work as a team to ensure success for each of our Eagles. There remains much that is unknown, and out of our control, but we must choose to focus our energy on what we f CAN control, and choose to be excellent in all that we do. This will be an amazing year �f�EM�E Sixp9 thanks in large part to the trust and support of our ACES fAmilies. We are so excited to start off our school year with a rand-new outlook and a fresh perspective on what makes our school so successful. We have learned so much since the pandemic and will continue to do everything within our power to provide a safe learning environment for our students,teachers, staff and visitors. As the risks of the pandemic fluctuate, we will continue to refer to CDC, state, and local guidance for safe and effective strategies. Know that we will retain the right to alter practices in a manner that will provide for the greatest social, emotional, and physical well-being of ou' school family. You will be advised when protocols and practices change. ■ Our protocols for the opening of school are pres otedrin this handbook. Thank you for your continued trust as we look strive to remain united and determined to thrive. Throughout the 2021-2022 school year ACES families, staff, and students will once again thrive by remainin , Stronger Together! 'qV BACKTO SCHOOL AVENTURA CITYOF EXCELLENCE SCHOOL Governing Board a Enid Weisman Mayor,City of Aventura i Dr.Linda Marks Denise Landman Jonathan Evans Commissioner Commissioner Commissioner Seat 1 Seat 2 Seat 3 Orr �4 Robert Shelley Rachel Saltzman Friedland Marc Narotsky Commissioner Commissioner Commissioner Seat 4 Seat 5 Seat 6 Ronald J.Wasson City Manager ACES Governing Board 40 We are so grateful to the onSoffer Aventura Governing Board for their unending dedication and commitment to guiding us through unprecedented challenges and tremendous adversity. The Governing Board is comprised of our City of Aventura leaders who volunteer their time and expertise to provide opportunities for all students to have access to a high-quality educational option in a safe learning environment. QO ontinue to work with our board throughout the year as we face and conquer new challenges andrtunities. BACKTO SCHOOL1 AVENTURA CITY OF EXCELLENCE SCHOOL OUR PLANS FOR A SAFE AND INNOVATIVE LEARNING EXPERIENCE We are excited to welcome all students back to our school in person for the first day of class on August 23, 2021. We look forward to utilizing our Mobile Classroom to complement our in-person instruction and ensure our students are successful in school and in life. Below we have some examples of other learning opportunities we may implement in our schools. RnOBILE C L A R O O 1. In Class, Extended Learning: • Opportunity for absent students to view the uploaded recording from class and stay on-pace • Students on extended leave such as hospital homebound can get , synchronous classroom experience and support • Students suspended from school can still access synchronous lessons and support to stay on track academically* 2. Extending the Reach of the Best Teachers: • Co-Teaching within the same building or across schools* • Support for long-term subs and FMLA leaves • Opportunity to address teacher concerns that may require a teacher to , work remotely for a period-of-time • Teachers can upload lessons for students to view when they are out, and a sub will be there 3. Stage, Not Age, Personalized Learning: • Create flexible scheduling options for a student to take the academically appropriate course and accelerate, not follow a traditional promotion pathway Create synchronous and asynchronous lessons tailored to each student in 12 the classroom -"Nov • Utilize formative data to assess student performance and growth for accountability* * Pending approval from the State. BACKTO SCHOOL1 AVENTURA CITY OF EXCELLENCE SCHOOL SCHOOL SAFETY MEASURES AND PROTOCOLS (OPTION A) We are taking several steps to ensure the safety of everyone at our school and to maintain a healthy learning environment. Current measures that may be put into place include: ✓ Face coverings are optional yet highly recommended for students * ` ✓ Face coverings are mandatory for all teachers, staff, and visitors, but when in the act of teaching masks are optional * ✓ Visitors must sign a COVID-19 waiver before entering the building and complete questionnaire ✓ No sharing food ✓ Perform routine sanitization of facilities throughout the day ✓ We will utilize the Clorox Total 360 Electrostatic disinfectant sprayer as necessary ✓ Periodic handwashing breaks for students and staff ✓ Signage throughout the school to reinforce safety protocols ✓ Hand sanitizing stations in high-traffic areas ✓ Daily monitoring of student attendance ✓ Follow protocols for reporting symptoms and initiate contact investigation/tracing in collaboration with the district and/or state agencies as recommended. Regular replacement of quality air filters for HVAC systems. r� CLASSROOM ENVIRONMENT PROCEDURES r+ �rrr .1 ii Classroom spaces managed to mare Pkia distancing r 'r.. where feasible , Face coverings are optional yet highly recommended for S students * ! Face coverings are mandatory for all teachers, staff, and visitors, but when in the act of teaching masks are optional ✓ Designate hand shiPfg breaks during the school day ✓ Hand sanitizer available in each classroom ti ✓ Utilize outdoor space as much as possible CAFETERIA/MEALS All meals will be served in the cafeteria Food safety practices will be in place before, during and after mealtimes *We will monitor CDC, state and local guidance BACKTO SCHOOL PLAN AVENTURA CFFYOF EXCELLENCE SCHOOL SCHOOL SAFETY MEASURES AND PROTOCOLS (OPTION 6) We are taking several steps to ensure the safety of everyone at our school and to maintain a healthy learning environment. Current measures that may be put into place include: ` ✓ Face coverings are required for students. Parents have the ability to opt-out of this requirement. ✓ Face coverings are mandatory for all teachers, staff, and visitors, but when in the act of te cl *ng masks are optional* \� Visitors must sign a COVID-19 waiver before , entering the building and complete questionnaire No sharing food Perform routine sanitization of facilities throughout the day We will utilize the Clorox Total 360 Electrostatic A disinfectant sprayer as necessary Periodic handwashing breaks for students and staff Signage throughout the school to reinforce safety protocols l Hand sanitizing stations in high-traffic areas Daily monitoring of student attendance Follow protocols for reporting symptoms an� initiate contact investigation/tracing in collaboration with the district and/or state agencies as recommended. Regular replacement of quality air filters for HVAC systems. CLASSROOM ENVIRONMENT PROCEDURES ✓ Classroom spaces managed to maximize social distancing where feasible ✓ Face coverings are required for students. Parents have the ability to opt-out of this requirement.* ✓ Face coverings are mandatory for all teachers, staff, and visitors, but when in the act of teaching masks are optional * ✓ Designate handwashing breaks during the school day ✓ Hand sanitizer available in each classroom ✓ Utilize outdoor space as much as possible CAFETERIA/MEALS ✓ All meals will be served in the cafeteria ✓ Food safety practices will be in place before, during and after mealtimes *We will monitor CDC, state and local guidance BACKTO SCHOOL PLAN AVENTURA CFFYOF EXCELLENCE SCHOOL BUS TRANSPORTATION Y Face masks are required for drivers and students The executive order requiring masks on public transit applies to school buses - regardless of individual school policy masks must be worn on school buses. Windows should be open when possible and conditions allow Frequently touched areas on the buses will be cleaned and L;.. disinfected at least daily CLINIC For students showing symptoms, a separate clinic annex will be available to eliminate potential exposure to others Students will maintain social distancing guidelines, and areas will be cleaned and disinfected after the sick child has gone home AIR FLOW/VENTILATION ' HVAC systems will continue to be maintained as required by the Indoor Air Quality Standards ARRIVAL/DISMISSAL IF l Follow arrival a d�i'smissa tocols per grade level as stated in the school's student/parent handbook. VISITORS ✓ Face mas are mandatory for all visitors ✓ Visit ust sign a COVID-19 waiver before entering the building and complete questionnaire 19 BACKTO SCHOOL PLAN AVENTURA CFFYOF EXCELLENCE SCHOOL SCHOOL COMMUNITY PROTOCOLS We need everyone in our school community to also self-check and assess to sustain the health and safety of everyone that enters our school. While we've put several protocols in place within our facility it takes the efforts of everyone once they leave our facility to keep each other safe. Therefore, we ask that everyone consider the following protocols as well, as these are steps, we are asking our families all d staff to follow: Before arriving each morning, we want to ask our families and staff to ask themselves COVID-19 & health-related screening questions. HAVE YOU . D A FEVER IN THE LAST , ; • • liqlhqhl�k I HAVE • BEEN • ARE YOU • • CONTACT • OF • UGH, FEVER, SHORTNESS OF COVID-19? I BREATH, OR SORE THROAT? '0.z A� j YOU AD VOMITING HAVE YOU • OF TASTE OR SMELL? OR DIARRHEA IN THE LAST 24 • . Employees and students with symptoms should stay home and report they are experiencing symptoms Employees and students who test positive are asked to self-report their positive finding, stay home and quarantine themselves, following CDC guidelines ✓ If a student falls ill on campus the parent will be called and asked to pick-up student ✓ If a student or employee tests positive and has recently been at school, the school will initiate all contact tracing and communicate protocols required by health agencies. Families and staff directly exposed (as defined by the CDC) will be notified appropriately ✓ Students that have a positive COVID-19 diagnosis, have been quarantined for exposure, or have contagious illness, will be able to access continuation of learning programs until they are cleared to go back to the school BACKTO SCHOOL PLAN AVENTURA CFFYOF EXCELLENCE SCHOOL AFTER SCHOOL CARE, ENRICHMENT AND EXTRACURRICULAR ACTIVITY AFTER SCHOOL CARE Q\�* We will continue to offer after school care for those families that need those services. Like regulaschool procedures: ✓ Students will be separated into grade band cohorts ✓ Whenever possible, students will utilize outdoor spaces for activities ✓ Handwashing will occur frequently ✓ All health and safety policies and procedures, including the school's face eve guidelines and sanitation procedures will be followed AFTER SCHOOL ENRICHMENT PROGRAMS All after school enrichment programs will resume in pers n. ATHLETICS All athletic programs will resume as usual with additional safety protocols. �<J GATHERINGS AND-FIELD TRIPS All gatherings and field trips will resume as usual with additional safety protocols. X `` A FINAL NOTE � Thank you for your support and flexibility. We look forward to a successful school year. Please direct any questions or concerns you may have to ACES Administration. -Together, we will continue to focus on putting our students first. 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Q 3 cn i cn O •O v v O 4- s O 4- E Q O l^D 'N O Ev > � }' i o � � tarr-I cn � O � L p � cn .— _ a i N Q O o O � 4-10 ._ O U "' Q s N � � � � 0c- 0 ,: O c6 — .v .v v O O O V) c6 }, > V v }' O � � }' � cc O w 2 s r -0 +� Q 0 LL •U 41 O U cn • ac LM 0 ui I O-j J LL 3 3 w 3 Notice of Emergency Rule DEPARTMENT OF HEALTH Division of Disease Control RULE NO.: RULE TITLE: 64DER21-12 Protocols for Controlling COVID-19 in School Settings SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TOT PUBLIC HEALTH, SAFETY OR WELFARE: Because a recent increase in COVID-19 infections, largely due to the spread of the COVID-19 delta variant,coincides with the imminent start of the school year,it is imperative that state health and education authorities provide emergency guidance to school districts concerning the governance of COVID-19 protocols in schools. Accordingly,pursuant to its authority to adopt rules governing the control of preventable communicable diseases in public schools,see section 1003.22(3),Florida Statutes,the Florida Department of Health,after consultation with the Department of Education,hereby promulgates an emergency rule regarding COVID-19 protocols in public schools to encourage a safe and effective in-person learning environment for Florida's schoolchildren during the upcoming school year;to prevent the unnecessary removal of students from school; and to safeguard the rights of parents and their children. This emergency rule conforms to Executive Order Number 21-175,which ordered the Florida Department of Health and the Florida Department of Education to ensure safety protocols for controlling the spread of COVID-19 in schools that(1)do not violate Floridians' constitutional freedoms;(2)do not violate parents'rights under Florida law to make health care decisions for their minor children;and(3)protect children with disabilities or health conditions who would be harmed by certain protocols, such as face masking requirements. The order,which is incorporated by reference, directs that any COVID-19 mitigation actions taken by school districts comply with the Parents' Bill of Rights, and "protect parents'right to make decisions regarding masking of their children in relation to COVID-19." Because of the importance of in-person leaming to educational, social, emotional and mental well-being,removing healthy students from the classroom for lengthy quarantines should be limited at all costs. Under Florida law,parents have a fundamental right to direct the upbringing, education, health care, and mental health of their minor children and have the right to make health care decisions for their minor children. HB 241, Ch. 2021-199, Laws of Fla. In furtherance of the Florida Department of Health's authority to adopt rules governing the control of preventable communicable diseases—and because students benefit from in-person learning—it is necessary to immediately promulgate a rule regarding COVID-19 safety protocols that protects parents' rights and to allow for in-person education for their children.Removing children from school poses a threat to developmental upbringing and should not occur absent a heightened showing of illness or risk of illness to other students. REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: This emergency rule is necessary in light of the recent rise in COVID-19 cases in Florida and the urgent need to provide COVID-19 guidance to school districts before the upcoming school year commences. Given that a majority of schools will resume in-person leaming for the 2021-2022 school year within the next four weeks,there is insufficient time to adopt the rule through non-emergency process. SUM[MARY:Emergency rule 64DER21-12 sets forth the procedures for controlling COVID-19 in school settings. THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Carina Blackmore, Florida Department of Health,4052 Bald Cypress Way,Tallahassee,Florida 32399-1703,(850)245-4732. THE FULL TEXT OFT EMERGENCY RULE IS: 64DER21-12 Protocols for Controlling COVID-19 in School Settings (1)GENERAL PROTOCOLS AND DEFINITION.The following procedures should be instituted to govern the control of COVID-19 in public schools: (a)Schools should encourage routine cleaning of classrooms and high-traffic areas, (b)Students should be encouraged to practice routine handwashing througfiout the day, (c)Students should AU home if they are sick. (d) Students mgy wear masks or facial coverings as a mitigation measure,however,the school must allow for a parent or legal guardian of the student to opt-out the student from wepdpg-g face covering ormask, (e)For DWOSeS of this rule,"direct contact"means cumulative exposure for at least 15 minutes,within six feet. (2)PROTOCOLS FOR SYMPTOMATIC OR COVID-19 POSITIVE STUDENTS. Students experiencing any Emptoms consistent with COVID-19 or who have received a positive diagnostic test for COVID-19 should not attend school,school-sponsored activities,or be on school property until: (a)The student receives a negative diagnostic COVID-19 test and is as, tomatic-,or (b)Ten days have passed since the onset of a)pVtoms or positive test result,the student has had no fever for 24 hours and the student's other nMptoms are improving;or -(c)The student receives written permission to return to school from a medical doctor licensed under chapter 458, an osteopathic physician licensed under chapter 459, or an advanced registered nurse practitioner licensed under chapter 464. (3)PROTOCOLS FOR STUDENTS WITH EXPOSURE TO COVID-19. Students who are known to have been in direct contact with an individual who received a positive diagnostic test for COVID-19 should not attend school, school-sponsored activities,or be on school property until: (a)The student is as3gMtomatic and receives a negative diagnostic COVID-19 test after four days from the date of last exposure to the COVID-19 positive individual,or O&The student is as3pptomatic and seven dgys have passed since the date of last exposure.to the COVID-19 positive individual. (c)If a student becomes symptomatic following exposure to an individual that has tested positive for COVID-19, the student should follow the procedures set forth in subsection(2),above. (44) PROTOCOL FOR STUDENTS WITH PRIOR COVID-19 INFECTION. A student who has received a positive diagnostic test for COVID-19 in the previous 90 days and who is known to have been in direct contact with an individual who has received a positive diagnostic test for COVID-19 is not subject to the protocols set forth in subsection(3).so long as the student remains aZmptomatic.If a student with a previous COVID-19 infection becomes Zmptomatic, the student should follow the procedures set forth in subsection (2), above. This subsection =lies equally to students that are fully vaccinated for COVID-19. (55) TESTING. AM COVID-19 testing of minors at school requires informed written consent from a parent or legal guardian. (6)NON-DISCRIMINATION. Students whose parents or legal guardian have opted them out of a mask or face covering requirement shall not be subject to any harassment or discriminator y treabnent,including but not limited to: La)Relegation to certain physical locations* (b)Isolation during school activities;or (c)Exclusion from any school-sponsored events or activities. Rulemaking Authority 1003.220)FS.Law Implemented 1003.22(3)FS.History New. THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE. EFFECTIVE DATE: Scott A.Rivkees,MD Date State Surgeon General NOTICE OF EMERGENCY RULE DEPARTMENT OF EDUCATION STATE BOARD OF EDUCATION RULE No.: 6AER21-01 RULE TITLE: Pupil Attendance Records for COVID-19. SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Given the recent rise in COVID-19 infections, largely driven by the spread of the delta variant, and the impending start to the 2021-2022 school year, the Florida Department of Education has been working to assist the Florida Department of Health in the development of minimum protocols governing the control of COVID-19 in public schools. As school districts seek to impose new COVID-19 restrictions on students, emergency rulemaking is necessary here to protect the rights of students and their parents or guardians. This rule conforms to Executive Order Number 21-175, which ordered the Florida Department of Health and the Florida Department of Education to immediately execute rules and to take any additional agency action necessary, using all legal means available to ensure safety protocols for controlling the spread of COVID-19 in schools that(1) do not violate Floridians' constitutional freedoms; (2) do not violate parents' rights under Florida law to make health care decisions for their minor children; and (3)protect children with disabilities or health conditions who would be harmed by certain protocols, such as face masking requirements. The order, which is incorporated by reference, directs that any actions taken by school districts comply with the Parents' Bill of Rights, codified in Sections 1014.02— 1014.06, Fla. Stat., and"protect parents' right to make decisions regarding masking of their children in relation to COVID-19." Parental rights include the right to make health care decisions for minor children, unless prohibited by law and the right to direct the education and care of minor children. See, Section 1014.04, Fla. Stat. In order to ensure compliance with the law and state board rule, under Section 1008.32, Fla. Stat., the State Board of Education has authority to withhold from school districts state funds, discretionary grant funds, discretionary lottery funds or any other funds specified as eligible for this purpose by the legislature, until the district comes into compliance. Many school districts have or are expected to implement"stay-home" directives for students who have been exposed to or who contracted COVID-19 for the upcoming school year. These directives will result in learning loss for students unless plans are enacted to continue learning during"stay-home" days. As a result, it is necessary to amend the pupil attendance rule to set forth the requirements to count these days as an educational activity for the purpose of pupil attendance. Section 1003.23, Fla. Stat. provides that"[s]tudents may be counted in attendance only if they are actually present at school or are away from school on a school day and are engaged in an educational activity which constitutes a part of the school-approved instructional 1 program for the student. While Rule 6A-1.044, Pupil Attendance Records, includes similar language, there is no criteria to establish"an educational activity which constitutes a part of the school-approved instructional program for the student." Given that public schools throughout the state open in August and some open in less than one week, there is not sufficient time to proceed through normal rulemaking procedures before school starts in order to address the potential for learning loss to students under"stay-home" directives. Based upon the foregoing and in compliance with the Governor's executive order, the agency finds that the potential for learning loss for certain students when school starts in August, creates an immediate danger to the public health, safety and welfare of students and requires emergency action. REASONS FOR CONCLUDING THAT PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES: There are multiple reasons for concluding that the procedure used is fair under these circumstances. First, as noted above, because school begins in August, there is not sufficient time to adopt a rule through non-emergency means before the start of the 2021-22 school year. The Governor's Executive Order 21-175issued just days ago. Next, the agency has received multiple requests to clarify the protocols and processes schools should utilize when planning for reopening schools given the presence of COVID-19 and the varied health and educational needs of students. Further, the procedure is fair because the rule relies upon an order of the Governor, which is public, and the emergency rule was made public by publishing it on the Department's website in an effort to reach interested persons prior to consideration by the State Board of Education. Finally, because the agency is headed by a board, rather than an individual, the rule will be considered at a public meeting before the State Board of Education, with the opportunity for public input prior to adoption. While this period is an abbreviated one, given the need to act quickly to avoid harm to students, the agency is of the opinion that the procedure utilized is fair to interested and affected persons. SUMMARY OF THE RULE: The emergency rule provides criteria to avoid learning loss and consider a student in attendance, when under a"stay-home" directive due to COVID-19. THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Jacob Oliva, Chancellor of Public Schools. THE FULL TEXT OF THE EMERGENCY RULE IS: 6AER21-01 Pupil Attendance Records for COVID-19. (1)Definitions. "Stay-home" directive means a public K-12 student who is under a quarantine 2 order or is not physically present in school due to contact with, or the asymptomatic contraction of, COVID-19. (2)In accordance with Rule 6A-1.044,Pupil Attendance Records,Fla. Admin. Code R., a pupil shall be deemed to be in attendance if actually present at school, or away from school on a school day and engaged in an educational activity which constitutes a part of the school-approved instructional program for that pupil. (3) Where an asymptomatic student is under a stay-home directive, the student may only be considered in attendance if the following criteria are met: (a)The district has adopted procedures to continue the education of the student during the stay- home directive, (b) These procedures rely upon continuing the student's access to assignments and curriculum the student would be receiving were the student was physically present in school, and (c) Instructional personnel or administrative personnel, as defined in section 1012.01, F.S., must be available to assist the student with assignments and curriculum during the stay-home directive. Rulemaking Authority 1001.02(1), (2)(n)FS. Law Implemented 1003.23 FS. History New. THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE. EFFECTIVE DATE: 3 Ft.O FDA DEPARTMENT OF State Board of Education —f1doe.org Richard Corcoran Commissioner of Education Tom Grady,Chair Ben Gibson,Vice Chair Members Monesia Brown Marva Johnson Ryan Petty Andy Tuck Joe York August 9, 2021 r. Rocky Hanna Ms. Georgia Bowen Superintendent School Board Chair Leon County Schools Leon County Schools 2757 West Pensacola Street 2757 West Pensacola Street Tallahassee, FL 32304 Tallahassee, FL 32304 Dear Superintendent Hanna and Chair Bowen: This letter is sent to express my grave concern regarding your district's significant neglect in response to the recently adopted Emergency Rule 64DER21-12 from the Florida Department of Health(FDOH). This order, issued on August 6, 2021,by the Florida Surgeon General, Dr. Scott Rivkees, is explicit in its expectations for ensuring that any mandated mask policies imposed by a district or school "must allow for a parent or legal guardian of the student to opt- out the student from wearing a face covering or mask." The emergency rule does not require parents to submit medical documentation from a physician or a nurse practitioner in order to opt out and any such requirement is inconsistent with the emergency rule. Your district's response, as noted in our conversation, and in recent letters sent to parents/guardians, as well as public statements made during press events this week indicate that you have no current intentions of complying with this order, which is intended to guarantee choice options to parents/guardians regarding their child while also protecting families and students federal and state protected rights to privacy. Section 1008.32, Florida Statutes, states, "The State Board of Education shall oversee the performance of district school boards and the Florida College System institution board of trustees in enforcement of all laws and rules." Further, section 1008.32(2)(a), Florida Statutes, states that the "Commissioner of Education may investigate allegations of noncompliance with law or state board rule and determine probable cause." Based on this authority established in law, I am immediately initiating an investigation of non- compliance with rules adopted by the Florida Department of Health and the Florida State Board of Education on August 6, 2021. In commencing this investigation, I am demanding that you provide a written response by 5:00 p.m. on Wednesday, August 11, 2021, documenting how your district is complying with FDOH rule 64DER21-12. Any failure to adequately document and substantiate full compliance with this rule will result in sanctions permitted under law in section 1008.32(4)(b), Florida Statutes. 325 W.Gaines Street I Tallahassee,FL 32399-0400 1 850-245-0505 Mr. Rocky Hanna/Ms. Georgia Bowen August 9, 2021 Page 2 Depending on the facts presented, I may recommend to the State Board of Education that the Department withhold funds in an amount equal to the salaries for the Superintendent and all the members of the School Board. There is no room for error or leniency when it comes to ensuring compliance with policies that allow parents and guardians to make health and educational choices for their children. Therefore, it is imperative that you work together as the Superintendent and the School Board to remedy this glaring non-compliance and report the resolution to the Florida Department of Education by 5:00 p.m. on Wednesday, August 11, 2021. Again, if this matter is not addressed by submitting the documentation establishing compliance with the law, the maximum accountability measures provided for under the law will be imposed. Sincerely, Richard Corcoran Commissioner Ellisa Horvath From: Ronald 1 Wasson Sent: Thursday, August 12, 2021 1:31 PM To: Ellisa Horvath Subject: FW: 2020-2021 School Accountability Grade/School Improvement Rating Follow Up Flag: FollowUp Flag Status: Flagged Back-up for Item for Grade item.. Ronald J. Wasson City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 rwasson(cDcitvofaventura.com www.citvofaventura.com Office: 305-466-8910 Fax: 305-466-8919 w, S 2020-2021 Schoolill / School Improvement1 THE FOLLOWING MESSAGE IS BEING DELIVERED ON BEHALF OF ® TIFFANIE A. PAULINE, ASSISTANT COMPLIANCE Honorable Mayor Weisman, Pursuant to Florida Department of Education (FDOE) Emergency Order (EO) No. 2021-EO-02, issued on April 9, 2021, school districts have 30 days after the release of all statewide standardized assessment data to apply to the FDOE to "opt-in" to have one or more 2020-21 school grades or School Improvement Rating officially recorded and reported for statutory purposes. Eligible schools will not be assigned a school grade or School Improvement Rating unless the school board applies to opt-in. To this end, the 30-day opt-in window which began July 29, 2021, will end on August 30, 2021. liriiility Schaal Grade: To be eligible to opt-in for a school grade, a school must have tested at least 90 percent of its eligible students. If the school tested 95 percent or more of its students, the opt-in request will be presumptively approved by the FDOE. If the school tested at least 90 percent, but less than 95 percent 1 of its students, the FDOE will review the request to determine whether the grade reflects the progress of the school. Schools that tested fewer than 90 percent of their students are not eligible to receive a school grade. School Improvement To be eligible to opt-in for a School Improvement Rating, a school must have tested at least 80 percent of its eligible students, as provided in section (s.) 1008.341(2), Florida Statutes (F.S.). Schools that tested fewer than 80 percent of their students are not eligible to receive a School Improvement Rating. This purpose of this correspondence is to provide information specific to charter schools regarding the process for opting-in/out to receive a School Accountability Grade or School Improvement Rating. For charter schools: 1. The decision to opt-in MUST be determined by the charter school's governing board; and, 2. Charter school requests to opt-in MUST be submitted to the District and the District will submit to the FDOE on behalf of the charter school governing board. Individual schools may not submit opt-in requests directly to the FDOE. For your convenience, accountability data and initial grade/rating calculation for the school(s) operated by the governing board is included as an MS Excel attachment to this correspondence. ption : Opting In Only charter school governing boards are authorized to apply to opt-in to receive a School Accountability Grade or School Improvement Rating. If the charter school governing board chooses to opt-in to receive a 2020-21 School Grade or School Improvement Rating, officially recorded and reported for statutory purposes, for its school(s), the governing board chair must complete a letter on official letterhead using the format provided in Attachment A: Opt-in Letter and submit via email to a i nakoch(c-Ddadeschools.net no later than Friday, August 20, 2021. If any changes in the school's data are being requested, the governing board must identify these changes in include them in the opt-in letter. The opt-in data review and corrections period will replace the traditional appeals window outlined in State Board of Education Rule 6A-1.09981, Florida Administrative Code. Schools requesting changes must work through CSCS and the Office of Assessment Research and Data Analysis (A A). Please notify Gina Koch, Executive Director, in the Office of Charter School Compliance and Support at ginakocha-dadeschools.net immediately to facilitate this process. Instructions for Document Submission ®Opt In. Step 1: Prepare a letter on official letterhead indicating that [name of legal entity, Inc.]chooses to opt-in to receive a 2020-21 School Grade or School Improvement Rating, officially recorded and reported for statutory purposes, for the following schools indicated in the attachment. The letter, on letterhead, must be addressed to: Ms. Tracy Halley, Bureau Chief 544 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 The letter must be signed by the governing board chair, or an agent legally authorized by the governing board. 2 Step 2: Complete and sign the Opt-in form (Attachment A) for schools that elect to have a School Accountability Grade/School Improvement Rating assigned for the 2020-21 School year. Step 3: Scan and email to ginakoch(c-Ddadeschools.net no later than Friday, August 20, 2021. pion mOpting Out To ensure all schools are accounted for, CSCS is requiring similar notification of the governing board's decision to NOT opt-in/Opt-out of having a School Grade or School Improvement Ratings issued for any of its schools. Therefore, if not choosing option B, please complete the Attachment B: Opt-out Form and submit via email to g i nakoch(c-Ddadeschools.net no later than Friday, August 20, 2021. Instructions for Document Submission ®Opt Out: Stepl: Complete and sign the Opt Out form (Attachment B) for schools WILL NOT be electing to have a School Accountability Grade/ School Improvement Rating assigned for the 2020-21 School year. No letter is required, only submission of the Attachment B. Step 2: Sign the form, scan and mail to g i nakoch(a)dadeschools.net no later than Friday, August 20, 2021. Should you have any questions, please contact Ms. Gina Koch at ginakoch(Ebdadeschools.net or (305) 995- 1955. 3 DEPARTMENTSTATE OF FLORIDA IN RE: WAIVING STRICT DOE ORDER NO. 202 1 ADHERENCETO FLORIDA EDUCATION P C rn PURSUANT T EXECUTIVE 5 , MADE NECESSARYT COVID-19 PUBLIC HEALTH EMERGENCY a .rf WHEREAS, EMERGENCY ORDER the Governor of the State of Florida issued Executive Order No. 2145, ratifying in Executive Order No. 2 -52,declaring a state of emergency in response to the C V -19 Public Health Emergency; and, WHEREAS, in Florida Division of Emergency Mana t Order No. 2 e State Coordinating Officer directed the Floridat of Education, in or °nation with educational providers, to take all appropriate action to promote the health, safety, welfare and education of Florida's students during teemergency; , e Commissioner of Education issued E Order No.20 -07 to build on the successful of all public schools to on instruction; to promote parental choice while ensuring that every student is making adequate academic progress; and to provide financial continuity to enable each school district to maintain the full panoply of services r the benefit of Floridais andfamilies; , WHEREAS, thanks to Florida's courageous and dedicated educators and local school leaders,all 67 county school districts,all state university laboratory schools and the Florida School for the Deaf and the Blind opened for in-person instruction so that nearly 80 percent of Florida's public school students(greater than 2.2million) are learning in-person; and, WHEREAS, with i io te numbers of educationallyi v to students leaming off-campus or not attending school at all, achievement ps for these students may he exacerbated this school year. Moreover,many students who are not educationally disadvantaged are attending school virtually or in hybrid modalitiesfor the first time,and may have achievernent gaps that are atypical for the student; and, e testing that is required state and federal law is now more critical than ever so that educators e u progress and identify gaps in learning in this atypical and challenging year.These measurements help to determine what additional services DOE ORDER NO. 2021-EO-02 supports are needed t®provide every student with the opportunity to succeed in school and in life beyond school; and, WHEREAS, the Commissioner of Education issued DOE Order No. 2021-EO-01, expanding the statewide testing windows to ensure that every student can be safely tested. Even so, due to the pandemic, it is anticipated that the percentage of students that are able to be tested may be to this year, at least in certain areas of the state. Lower percentages of students who participate in statewide testing can to the reliability of the results at the school, district and state level; and, WHEREAS, each student has individualized circumstances and challenges caused by the pandemic, including changes in learning modality, intermittent quarantine periods as required by local Department of Health officials,social isolation,and a host of other factors that students have experienced;and, WHEREAS, to school districts, in consultation with parents, are in the best position to evaluate the academic progress of each student and then to make individualized decisions related to student progression and graduation ® keeping with the best interest of each child. NOW, THEREFORE, 1, Richard Corcoran, Commissioner of the Florida Department of Education, pursuant to the authority granted by Executive Order 20-52 and Florida Division of Emergency Management Order No.20-004,issue this Order to respond to and mitigate the impact of the emergency and to promote the health,safety and welfare of persons connected with Florida's educational system. To mitigate the impacts of the emergency,the statutes from the following chapters and the associated rules are suspended to the extent required to give effect to this Order: Chapters 1002, 1003, 1008, and 1009. As more specifically set forth in the Order, the statutes that must be suspended to give effect to this Order include the following: 1002.33(g)(n) and (16)(a)2.; 1002.331; 1002.333(1)(c), 1002.61(2Xa); 1002,89(6); 1003.631; 1003.4282(3) and (6); 1003.4285; 1008.22-. 1008.25(5); 1008.33(4); 1008.34; 1008.341; 1009.534(1)(e); 1009.535(l)(e); 1009.536(l)(e) and (2)(b); and 101 1.62(l)(f) and (9), Fla. Stat. Any provision is suspended only to the extent necessary to give effect to this Order. 1. Graduating seniors Florida law allows students entering grade nine to choose from one of five options to earn a standard high school diploma: 24-credit program • 18-credit,Academically Challenging Curriculum to Enhance Learning(ACCEL) option • Career and Technical Education(CTE)Pathway • International Baccalaureate(113) curriculum Advanced International Certificate of Education(AICE)curriculum 2 DOE ORDER NO. 2021-EO-02 In addition to the five options available for students toe a standard diploma listed above, Rule 6A41.09963,Florida Administrative Code,High School Graduation Require mentsfor Students with Disabilities,outlines two additional options that students with disabilities may complete. Graduation waivers.Currently enrolled students who are expected to graduate in the spring of 2021 are expected to pass the assessments to cam a standard high school diploma pursuant to S. 10014282, Fla. Stat. However,notwithstanding ss. 1003.4282(3)and(6) and 1008.22(3),Fla. Stat.,and solely fbr students who are expected to graduate in the spring of 2021,a school district is authorized to waive the required state assessments for graduation,if the district detennines on a case-by-caw basis that the student's high school record establishes a comparable level of achievement. School districts must report these waivers to the Department on survey five. Designation waivers.Additionally, school districts are authorized to waive the requirement to use assessments to earn standard high school diploma designations found in s. 1003.4285, Fla. tat.,solely for students expected to graduate in the spring of 202 1. A school district is authorized to grant such waivers only where the district determines on a case-by-case basis that the student's high school record establishes a comparable level of achievement. Application toe schools. This section applies equally to charter schools. Charter school governing boards must use best efforts to maintain standards consistent with the school district. Either a school district or a charter school governing board may request assistance from the Department to resolve any disputes over whether a student's high school record establishes an equivalent level of achievement as passage of the state assessment. The Department will seek to resolve such disputes within three business days.The Department may withhold approval of any requests from the school district related to this Order until all such disputes, if any,have been resolved. The use of alternative means to determine that a student has met the requirements for graduation in lieu of the results of statewide assessments is limited to the students expected to graduate in the spring of 202 1. IL Promotion and retention decisions State EOC exams. Notwithstanding the requirements of ss. 1008.22, 1008.25 and 1003.4282, Fla. Stat., school districts and charter school governing boards are authorized to determine promotion and final course grades in classes with state end-of-course(BOC)exams, based solely on the student's perfomiance in the course, including in instances where the student does not have a score fi-om the BOC exam. This authorization only applies to courses students successfully completed in the 00® 1 school year. Retention. Decisions out whether it is in the best interest of a child to repeat a grade solely for academic reasons must be determined at the local level by the school's principal, after a careful review of the student's academic record, with input from the parents, the student, teachers and 3 DOE ORDER NO. 2021-EO-02 school leaders.Only academic performance,or provisions in a student's Individualized Education Program(1EP), can be considered when discussing a child repeating a grade. Third grade promotion. Notwithstanding the requirements found in s. 1008.25(5), Fla. Stat., a student may be promoted to grade four, regardless of the absence of an English Language Azts (ELA) assessment score or the absence of a Level 2 or higher ELA score, if the district is able to determine that a student is perkming at least at Level 2 on the ELA assessment through the good cause exemption process provided in s. 1008.25, Fla. Stat., or other means reasonably calculated to provide reliable evidence of a student's performance. Extra support for struggling students. Fors that are at risk of being retained,the school district and charter schools must provide extra supports in concert with those interventions required under DOE Order No.20204EO-07.While this Order provides authority for school districts to use alternative means to determine achievement for students expected to graduate in the spring of 2021, in order to ensure that students who are scheduled to graduate after this year meet the standards established in statute and rule, school districts must begin remediation efforts. Priority must be given to students at risk of being retained for summer learning programs. The district must use best efforts to assign these students, with priority to a highly effective teacher, and thereafter,if necessary, assign to an effective teacher. III. Bright Futures A. Florida Academic Scholars and Florida Medallion Scholars awards. Volunteer hours. For currently enrolled students expected to graduate in the spring of 2021 only, ss. 1009.534(l) and 1009.535(1), Fla. Stat., and Rule 6A-20.028(3)(d), F.A.C., are suspended in part,to allow high school guidance counselors,or other persons approved by a district school board or the administrator of a nonpublic school, to submit transcript documentation to the Florida Department of Education to report compliance with the required number of volunteer service hours for scholarship eligibility if the student 1) completed the service hours; 2) had planned for, and intended to, complete the service hours for to the student's high school graduation, but was unable to do s®because the pandernic created a lack of access to volunteer opportunities; or 3)if, due to health concerns, the student fell short of the volunteer service hours. Such documentation shall be considered as evidence that a student has completed the required number of volunteer service hours for scholarship eligibility. Extension of testing deadline. Rule 6A-20.028(3)(g)].d., F.A.C., is suspended in part, to allow students graduating in the 2020-21 academicy ,to earn at least the required minimurn SAT and ACT scores asspecified for each Bright Futures Scholarship award level in s. 1009.531(6), Fla. Stat., no later than December 1, 2021. Sections of the SAT or ACT from different test dates may continue to be used to meet the test criteria through December 1, 2021, but test types cannot be mixed. B. Florida Gold Sea] Vocational Sehol2rs award. Volunteer hours. For currently enrolled students expected to graduate in the spring of 2021 only, s. 1009.536(1)(e), Fla. Stat., is suspended in part, to allow high school guidance counselors, or other persons approved by a district school board or the administrator of a nonpublic school, to submit transcript documentation to the Florida Department of Education to report complianm with 4 DOE ORDER NO. 2021-EO-02 the required number of volunteer service hours for scholarsliip eligibility if the student 1) completed the service hours; 2) had planned for,and intended to, complete the service hours prior to the student's high school graduation but was unable to do so because the pandemic created a lack of access to volunteer opporturiffies; or 3)if, due to health concerns, the student fell short of the volunteer service hours. Such documentation shall be considered as evidence that a student has completed the required number of volunteer service hours for scholarship eligibility. Extension of testing deadline. Rule 6A-20.028(3)(g)2., F.A.C., is suspended in part, to allow students graduating in the 2020-21 academic year,toe at least the min4num quali ng subtest scores from the Florida Postsecondary Education Readiness Test (PERT), SAT or ACT as specified in Rule 6A-1 0.0315, F.A.C.,no later than December 1,202 1. Sections of the PERT, AT or ACT from different test dates may continue to be used to meet the test criteria through December 1, 021,but test types cannot be mixed. C. Florida Gold Seal CAPE Scholars award. Volunteer hours.For currently enrolled students expected to graduate in the spring of 2021 only, s. 1009.536(2)(b), Fla. Stat., is suspended in part, to allow high school guidance counselors, or other persons approved by a district school board or die administrator of a nonpublic school, to submit transcript documentation to the Florida Department of Education to report compliance with the required number of volunteer service hours for scholarship eligibility if the student 1) completed the service hours; 2)had planned for, and intended to, complete the service hours prior to the student's high school graduation but was unable to do so because the pandernic created a lack of access to volunteer opportunities; or 3) if, due to health concerns, the student fell short of the volunteer service hours. Such docurnentation shall be considered as evidence that a student has completed the required number of volunteer service hours for scholarship eligibility. V. Opting in to school grades and school improvement ratings A. Grades, improvement ratings and VAINI. Except for districts and schools opting-in, as outlined in section W.C. of this Order, in lieu of school grades and school improvement ratings under ss. 1008.34 and 1008.341, Fla. Star., for the 2020-21 academic year, the Department will update its Know Your Schools federally compliant public reporting too] excluding surnmative district and school grades and school improvement ratings. The flexibility provided to school districts and charter schools is limited to the 2020-21 school year. Rule 6A-5.041 1, F.A°C., is suspended in part such that the three-year aggregate VAM scores will contain available teacher performance information from the 2017-18,2018-19 and 2020-21 school years,meaning that the three year aggregate score will cover a four year span and will contain all available data during that time period. In order to provide maximum flexibility for use in the "performance of students" component of educator and administrator evaluations for districts that use this resource, single-year and two-year aggregate scores will also be calculated by the Department. 5 DOE ORDER NO. 2021-EO-02 B. Schools retain pre-COVID statutory designations. Except as provided ins tion W.C.of this Order,all schools in Florida will retain their pre-COVID designations. Thus, schools designated as schools of excellence(s. 1003.63 1, Fla. Stat.), schools identified for school improvement (ss. 1008.33 and 1002.33(9)(n), Fla. Stat.), 300 lowest- performing schools (s. 101 1.62(l)(f) and (9), Fla. Stat.), persistently low-perfon-ning schools (s. 1002.333(1)(c), Fla. Stat.), high-performing charter schools (s. 1002.33 1, Fla. Stat.), and the like, remain unchanged. C. School districts or charter school governing boards may apply tote Department to opt in to have one or more 2020-21 school grades or school improvement ratings officially recorded and reported for purposes of all statutory purposes. Except as provided in s. 1008.34](2), Fla. Stat., for any school that tests 90 percent or more of its eligible students, within 30 days after the release of all state testing data, any school district or charter school governing board may apply to the Department to opt in to have one or more 2020- 21 school grades or school improvement ratings apply for all statutory purposes that are associated with a school grade or rating. Requests toot in to less than all of the statutory purposes or consequences associated with a grade or rating will not be considered, The Department will review applications to ensure that the students tested are generally statistically representative oft e entire student body eligible for testing. For any school that applies to opt-in and tests 95 percent or more of its eligibles ts, their applications shall be presumptively approved. The Department will provide guidance related to the submission of such request. The guiding principle for requests from schools will be whether the Department finds that the 2020-21 school grades or school improvement ratings accurately mid fairly reflect the performance of all the students enrolled at the school, including the performance oft e students who were not tested. For the 2020-2021 school year, the calculation of le in gains for school grades and school improvement ratings means the degree of student learning growth occurring from the 2018-2019 school year to the 20260-2021 school year as required by state board rule, and for the calculation of the required middle school acceleration component in school grades"prior year"means the 2018- 2019 school year. Sections 1008.34(1')(b) and 1008.34](3), Fla. Stat., and Rule 6A- 1.09981(4)(b)1, F.A.C., are suspended in part, as necessary, due to the cancellation of the Spring 2020 statewide assessments. Similarly, consistent with how the Department has interpreted the impacts of an absence of a school grade for a school year, for purposes of establishing a high-performing charter school, the references in section 1002.33 l(l), Fla. Stat., to"previous,""most recent"or"consecutive" school years orschool grades, refers only tote years that a grade was issued to the school. Thus, a charter school that earned an"A"in 2018-19 and then earns an "A"in its next graded school year, 2020-21 or 2021-22, as applicable, would qualify as a high-performing charter based on "at least two consecutive school grades of"A" in the most recent 2 school years." V. School Readiness and Voluntary Prekindergarten Education Programs A. School Readiness. In an cffort to ensure that funds support providers and therefore support the families they serve, if there are funds that go utilized, the requirements that School 6 DOE ORDER NO. 2021-130-02 Readiness Program use no more than 5 percent for administrative costs and a total of 22 percent fora combination of administrative, quality and non-direct services in s. 1002.89(6), Fla. Stat., are suspended as long as the funds are used for the purposes of emergency recovery and direct support to providers thmugh June 30,202 1. B. Voluntary Prekindergarten Education Program. Due to the fact that many districts and programs are operating their Spring 2021 education prograrns into the middle and latter days of June and, therefore, meeting current law would be a physical impossibility, the provisions of s. 1002.61(2)(a),Fla. Stat.,requiring a minimum of 300 hours of instruction is suspended for the 2021 Summer VPK program for public schools and private prekindergarten providers.The 2021 Summer VPK program shall constitute a minimum of 200 hours of instruction and the funding shall be prorated accordingly. ® Effective to This Order is effective irnmediately, DONE AND ORDERED this A�—day of April 2021, in Tallahassee, Leon County, Florida. Richard Corcoran Commissioner of Education I HEREBY CERTIFY that the above EMERGENCY ORDER has been filed with the Agency Clerk of the Department of Education,on this day of April 2021 ff Agency 11 7