in-20251015-IR-511250370SNA: SCHOOL ACCOUNTABILITY

TITLE 511 INDIANA STATE BOARD OF EDUCATION Notice of Second Public Comment Period LSA Document #25-370 SCHOOL ACCOUNTABILITY PURPOSE OF NOTICE The Indiana State Board of Education (board) is soliciting public comment on adding rules at 511 IAC 6.2-12 concerning assessing school and school corporation academic performance and skill development. The board seeks comment on the affected citations listed and any other provisions of Title 511 that may be affected by this rulemaking. HISTORY Notice of First Public Comment Period: 20250723-IR-511250370FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20250723-IR-511250370RAA Date of First Hearing: August 22, 2025 ADDITIONAL DOCUMENTS Regulatory Analysis: 20251015-IR-511250370RAA Notice of Public Hearing: 20251015-IR-511250370PHA CITATIONS AFFECTED: 511 IAC 6.2-12 AUTHORITY: IC 20-19-2-8; IC 20-31-8-4; IC 20-31-8-5.4; IC 20-31-10-1 OVERVIEW Basic Purpose and Background The proposed rule is being promulgated under House Enrolled Act 1498-2025 (P.L.231-2025), which directs the board to develop a new methodology for assigning school performance ratings. P.L.231-2025 requires the board to establish a new methodology for designating school performance and issue letter grades following the 2025-2026 school year. P.L. 231-2025 requires the board to establish the new methodology by December 31, 2025, and adopt rules necessary to implement the factors established by the legislature. Those factors include that the methodology: (1) be based on data available on the department of education (department) Internet dashboard; (2) includes proficiency rates from the determinant evaluation of reading skills approved by the board for schools that contain grade 3; (3) includes proficiency rates from the statewide summative assessment; (4) prioritizes attaining a diploma seal described in 511 IAC 6-7.2-8; and (5) considers other factors the board considers relevant. P.L.231-2025 voids 511 IAC 6.2-10 after the proposed rule is adopted by the board. The proposed rule replaces the existing school accountability model to: (1) address deficiencies found in 511 IAC 6.2-10; (2) align to other state-level education policies, such as Indiana's new diploma; and (3) improve implementation. The current rule is limited in its efficacy due to shifts in Indiana's statewide assessment in high school. Specifically, the department can no longer calculate academic growth in high school after the state shifted to the SAT as the statewide assessment of English/Language arts and math in high school. Without this data, the board must use a modified model. Additionally, Indiana has adopted a new vision for educational outcomes under the Indiana GPS dashboard and recently adopted graduation requirements. Aligning the state's school accountability model to these recently adopted policies is critical. The proposed rule changes will impact approximately 308 K-12 public school corporations encompassing 1,813 public schools, 397 accredited nonpublic schools, and 182 public charter schools. For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. SUMMARY/RESPONSE TO COMMENTS The board requested public comment from June 4, 2025, through August 22, 2025. The official first public comment period was from July 23, 2025, through August 22, 2025, and during the public hearing on August 22, 2025. The comments received and the board's responses to the comments are summarized as follows: Stakeholders emphasized the importance of moving beyond an “all-or-nothing" model that incorporates multiple measures when evaluating overall school performance. There was a general tone of support for the focus on academic mastery and skill development, with stakeholders emphasizing the limitations of a single standardized assessment. Some comments emphasized that the inclusion of non-objective performance metrics should not compromise the overall focus on academic proficiency. Additionally, stakeholders stressed the importance of supporting schools in achieving the expectations included in the accountability model and developing resources to help schools and communities understand their overall performance rating. Feedback on the individual student success indicators themselves were mixed. Attendance was a polarizing indicator across all grades with some stakeholders arguing it is not appropriate because it is outside of a school’s control and others arguing it is not appropriate because it does not demonstrate meaningful achievement. Others shared the importance of highlighting attendance in the model given how much of an issue it is across the state.  In grade 3, there was appreciation for the inclusion of IREAD 3; however, stakeholders expressed concerns about the limited number of other student success indicators available for students. In grades 4 through 8, stakeholders expressed support for the inclusion of academic growth, and how the model incorporates the Science and Social Studies ILEARN assessments. Concerns were expressed about the limited number of student success indicators available in grades 7 and 8.  In high school, several stakeholders commented on the 9th grade on-track metric with mixed messages. Some stakeholders believed the criteria was too rigorous while others believed the model should be stricter, adding a GPA requirement and making it a pass/fail metric. Additionally, many stakeholders flagged the limited number of student success indicators available to students in grade 10 who were not pursuing four-year college enrollment upon graduation. For grade 12, there was a significant amount of feedback about the SAT assessment being used as the measure of academic mastery. Several stakeholders flagged that it was inappropriate to use a college entrance exam in the accountability model when Indiana’s new diplomas emphasize enrollment, employment, and enlistment. A suggestion was made to shift the model to prioritize the diploma seals as the measure of academic mastery. Finally, several questions were raised about how the model will accommodate transient students and students from lower socioeconomic backgrounds. REQUEST FOR PUBLIC COMMENT The board is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time stamped not later than November 17, 2025. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Department of Education, Indiana Government Center North, 9th Floor, 100 North Senate Avenue, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Department of Education office. This notice is the second of two (2) thirty (30) day periods in which the public may comment on the proposed rule. Following this second public comment period, the board may adopt a version of the proposed rule that is the same as or does not substantially differ from the text of the proposed rule published in this notice. EXPLANATION OF DIFFERENCES IN PROPOSED RULE The overall structure and design of the proposed accountability model remain largely intact between the first and second draft of the proposed rule, although there are a series of changes between the drafts. None of these changes have created a new fiscal impact, added a fine, fee, or penalty, or otherwise required updates to the tangible and intangible cost considerations contained in the original Regulatory Analysis. First, the revised draft includes several technical corrections to help strengthen the clarity of the rules. This includes technical corrections to address incorrect references, clarifying language to prevent misinterpretation, and addressing grammatical errors or omissions. Next, multiple student success indicators were added to 511 IAC 6.2-12-43 based on stakeholder feedback. This includes additional student success indicators at each grade span. Changes were also made to the point totals for each grade level. These changes were made to address feedback related to inconsistencies and questions about the point totals in the original proposed rule. Finally, a shift was made to the grade 12 measure of academic mastery in response to stakeholder feedback. The second draft more closely aligns the accountability model to the recently adopted Indiana high school diploma requirements by referencing the Indiana diploma seals outlined in 511 IAC 6-7.2-21(a) as a replacement for the SAT assessment. PROPOSED RULE SECTION 1. 511 IAC 6.2-12 IS ADDED TO READ AS FOLLOWS: Sec. 1. The definitions in this rule apply throughout this article. Sec. 2. "9th grade on track" means the determination made for the grade 10 cohort as set forth in section 41(a)(3) of this rule. Sec. 3. "Accountability category" means the summative category, A through F, corresponding to an entity's final numeric rating used to demonstrate an assessed grade span, a school, or a school corporation's overall performance, as calculated under this framework. Sec. 4. "Accountable year" means the school year being assessed. Sec. 5. "Advanced coursework" means high school credit earned in courses designated as approved Indiana diploma courses prior to a student entering high school. Sec. 6. "Alternate assessment" means the assessment instrument adopted under IC 20-32-5.1-11. Sec. 7. "Assessed grade span" means the following grades receiving a final numeric rating under the academic performance and skill development framework outlined in this rule: Sec. 8. "Attendance target" means a student was counted as in attendance for ninety-four percent (94%) of the instructional days while the student was enrolled in a school during the accountable year. Sec. 9. "Atypical school" means a school that lacks enough data points to calculate a final accountability category under this rule. Sec. 10. "Biology end of course assessment" means the statewide assessment adopted for grades 10 through 12 under IC 20-32-5.1-7(c)(1)(B). Sec. 11. "College and career coursework" means the credits listed in 511 IAC 6-7.2-21(b)(1)(G). Sec. 12. "Credential of value" has the meaning set forth in 511 IAC 6-7.2-21(b)(2)(B)(i) and 511 IAC 6-7.2-21(b)(3)(A)(i). Sec. 13. "Cumulative aggregate" means adding the number of eligible students enrolled in a school or school corporation in the accountable year and in each school year immediately preceding the accountable year until the minimum eligible student count necessary for a school or school corporation to be placed in an accountability category is reached. Sec. 14. "Eligible performance only student" means a student who: Sec. 15. "Eligible student" means a student who: Sec. 16. "English learner" has the meaning set forth in the definition provided in the Every Student Succeeds Act, 20 U.S.C. 6301 et seq. (2015). Sec. 17. "English/language arts" means the subject area required to be tested under IC 20-32-5.1-7 on the mandatory statewide annual assessment. Sec. 18. "Feeder school" means an elementary school having any combination of kindergarten, grade 1, or grade 2 only. Sec. 19. "Final numeric rating" means the score calculated for each assessed grade span, school, and school corporation, as set forth in this framework, which serves as the basis for the corresponding accountability category. Sec. 20. "Framework" means the calculations and overall structure to calculate an accountability category set forth in this rule. Sec. 21. "Grade" means data for a cohort of students who are at the same class level in the same school year. Sec. 22. "Grade 10 cohort" means the class of students expected to graduate within two (2) years of the accountable year. Sec. 23. "Grade 12 cohort" means the class of students who were expected to graduate and graduated in the school year immediately preceding the accountable year. Sec. 24. "Indiana diploma" refers to the requirements outlined in 511 IAC 6-7.2-20. Sec. 25. "Indiana diploma seal" refers to the requirements outlined in 511 IAC 6-7.2-21. Sec. 26. "Individual student growth target" refers to the student growth percentile target calculated under the academic progress indicator in Indiana's approved ESEA Plan as authorized by Section 1111(c)(4)(B)(i)(II) of the Elementary and Secondary Education Act as amended by the Every Student Succeeds Act. Sec. 27. "Mandatory statewide annual assessment" or "mandatory assessment" means the assessments required under IC 20-32-5.1-7(c)(1)(A), and the alternate assessment adopted under IC 20-32-5.1-11. Sec. 28. "Participation rate" means the percentage of students enrolled in the tested grades at the time of test administrations who completed the mandatory statewide annual assessments and obtained a valid test result. Sec. 29. "PSAT assessment" means the preliminary SAT/national merit scholarship qualifying test (PSAT/NMSQT), which is a standardized assessment administered by College Board and co-sponsored by the national merit scholarship corporation (NMSC) in the United States. Sec. 30. "Pupil enrollment" has the same meaning as "enrollment" as defined in IC 20-26-13-3. Sec. 31. "Receiving school" means an elementary school that has at least thirty (30) students who: Sec. 32. "Science statewide assessment" means the statewide assessment adopted for grades 3 through 5 and grades 6 through 9 under IC 20-32-5.1-7(c)(1)(B). Sec. 33. "Social studies statewide assessment" means the statewide assessment adopted under IC 20-32-5.1-7(c)(2). Sec. 34. "Statewide literacy assessment" means the determinant evaluation of reading skills approved by the state board under IC 20-32-8.5-2. Sec. 35. "Student growth percentile" has the meaning set forth in the standard adopted by the National Center for the Improvement of Educational Assessment, Norm- and Criterion-Referenced Student Growth, Educational Measurement: Issues and Practice, Winter 2009, Vol. 28, No. 4, pp. 42–51. Sec. 36. "Student success indicator" has the meaning set forth in section 42 of this rule. Sec. 37. "WIDA Consortium ACCESS assessment" means the tests administered to students in kindergarten through grade 12 who are identified as English learners to measure students’ English language skills in Listening, Reading, Speaking, and Writing. Sec. 38. "Work-based learning" has the meaning set forth in 511 IAC 6-7.2-17. Sec. 39. (a) According to the framework set forth in this rule, the board shall annually place each school corporation, school, and assessed grade span in a school in an accountability category using letter grades A, B, C, D, and F, which correspond to the final numeric rating point ranges as set forth in subsection (b). (b) The following scale is used to determine the accountability category placement: (c) The accountability category calculation for assessed grade spans is as follows: (d) A school or school corporation must have at least thirty (30) eligible students during an accountable year to be placed in an accountability category. If a school or school corporation has at least ten (10) but less than thirty (30) eligible students during an accountable year, its accountability category placement will be based on a cumulative aggregate. (e) If a school has: Sec. 40. (a) A feeder school's accountability category is based on the weighted average of the grade 3 final numeric rating determined under section 43(b) of this rule for eligible students who were enrolled in the highest grade level served by the feeder school in the year immediately preceding the accountable year for each receiving school. (b) If more than five (5) receiving schools are identified for the feeder school, only the five (5) schools with the highest census of feeder school eligible students will be counted in calculating the feeder school's final numeric rating and, accordingly, its accountability category. (c) If no eligible receiving schools exist for a feeder school during the accountable year, the accountability category for the feeder school is "null". (d) Accountability categories are assigned in accordance with the following scale: Sec. 41. The academic mastery metric will be calculated for each assessed grade span as follows: Sec. 42. (a) Each assessed grade span has a set of student success indicators used to calculate a final rating using the academic performance and skill development framework. A student may only earn each student success indicator once during an accountable year. (b) Student success indicators at each assessed grade span consist of the following: Sec. 43. (a) The academic performance and skill development framework is determined in accordance with the following: (b) For the accountable year, for eligible students enrolled in grade 3, the final numeric rating for the assessed grade span is the number determined under STEP TEN of the following formula: (c) For the accountable year, for eligible students enrolled in grades 4 through 8, the final numeric rating for the assessed grade span is the number determined under STEP TEN of the following formula: (d) For the accountable year, for eligible performance only students enrolled in grades 4 through 8 without a valid student growth percentile in mathematics or English/language arts, or both, including those who took the alternate assessment, the final numeric rating for the assessed grade span is the number determined under STEP TEN of the following formula: (e) For the accountable year, for eligible students in the grade 10 cohort, the final rating for the assessed grade span is the number determined under STEP NINE of the following formula: (f) For an accountable year beginning with school year 2029-2030, for each graduate from the grade 12 cohort, the final rating for the assessed grade span is the number determined under STEP NINE of the following formula: (g) For an accountable year beginning with 2025-2026 through 2028-2029, for each graduate from the grade 12 cohort, the final rating for the assessed grade span is the number determined under STEP NINE of the following formula: Sec. 44. A school or school corporation may petition for review of its accountability category placement based on objective factors the school or school corporation considers relevant because the annual assessment data do not accurately reflect school performance, growth, or multiple measures, as applicable. Objective factors include significant demographic changes in the student population, errors in data, or other significant issues, including, but not limited to, errors in applying this rule to determine an accountability category. Sec. 45. (a) For each atypical school, the department shall, without waiting for a request from the board, immediately provide to the board the following information for the grade levels served and available data: (b) Based on the findings of the department and any other information available to the board, the board shall determine the school's accountability category.