The purpose of this amendment is adopt the active assessments currently approved by the U.S. Department of Education as appropriate for use in adult education programs when pre-testing to determine educational functioning level of students and post-...  

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    DEPARTMENT OF EDUCATION

    State Board of Education

    RULE NO.:RULE TITLE:

    6A-6.014General Requirements for Adult General Education Program

    PURPOSE AND EFFECT: The purpose of this amendment is adopt the active assessments currently approved by the U.S. Department of Education as appropriate for use in adult education programs when pre-testing to determine educational functioning level of students and post-testing for documenting student’s learning gains, to provide procedures for pre- and post-testing for purposes of measuring and reporting student learning gains, to clarify the adult education co-enrollment program option for students, update the teacher qualifications for adult education teachers, and delete references to the Standards for Educational and Psychological Testing (APA, AERA, NCME, 1999) because those standards are met by test publishers in the approval of the assessments and standards for test administration and security are addressed in other State Board of Education rules, and to require appropriate accommodations for English language learners.

    SUMMARY: The U.S. Department of Education approves and provides states the acceptable assessments appropriate for use in adult education programs in determining educational functioning level of students and in documenting learning gains of students in adult education programs. As changes occur, the updated list is posted in the Federal Register. The Florida Department of Education amends this rule to adopt the updated list of approved assessments as the U.S. Department of Education posts changes. In addition, this amendment will clarify the adult education co-enrollment program for high school students and update the teacher qualifications for adult education teachers.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule will not require legislative ratification and is not expected to have any impact on the factors found in Section 120.541(2)(a), F.S. The purpose of this amendment is to adopt all active assessments currently approved by the U.S. Department of Education as appropriate to pre-test students for placement purposes and to post-test students to document learning gains of a student enrolled in the adult general education program. In addition, this amendment will clarify the adult education co-enrollment program for adult education students and update the teacher qualifications for adult education teachers. No regulatory costs or adverse economic impact is anticipated as a result of the revisions to this rule.

    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    RULEMAKING AUTHORITY: 1001.02(1), 1004.93(9), 1011.80(11) FS.

    LAW IMPLEMENTED: 1004.93, 1011.80(10) FS.

    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: February 25, 2015, 2:15 p.m.

    PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kathleen Taylor, Bureau Chief, Division of Career and Adult Education, 325 West Gaines Street, suite 714, Tallahassee, Florida 32399-0400, (850)245-9062; Kathleen.Taylor@fldoe.org

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    6A-6.014 General Requirements for Adult General Education Program.

    In the operation of adult general education programs, the following general requirements shall apply:

    (1) Facilities. Instructional facilities should be consistent with the number and nature of adults served, as well as instructional methods and objectives. They should provide program accessibility for persons with disabilities as required by Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

    (2) Enrollment. Enrollment shall be limited to individuals who have legally left the elementary or the secondary school as specified in Section 1003.21(1)(c), F.S.; provided, however, that the high school may enroll temporarily assign individual students of compulsory school age who are at risk of not graduating with their 9th grade cohort to one (1) or more courses that are required for high school graduation and are classes offered in the adult high school co-enrollment general education program as specified in Section 1011.80(10), F.S. where such students exhibit an educational need which can more effectively be served by the adult high school co-enrollment general education program when such courses are required for high school graduation.

    (3) Teacher qualifications. Each school district shall establish the minimal qualifications for part-time and full-time teachers in adult education programs per Section 1012.39, F.S. Adult general education classes for which state funds are earned shall be taught by qualified teachers as defined in Rule 6A-1.0503, F.A.C., or as approved by a community college board of trustees as defined in Rule 6A-14.024, F.A.C.

    (4) Academic skills tests for adults.

    (a) Requirements for pre- and post-tests for adult general education students are as follows:

    1. All newly enrolled students must be pre-tested to determine educational functioning within the first twelve (12) hours of instruction.

    2. Programs must comply with test publishers’ recommended time-frames for post-testing.

    3. In certain limited cases, instructors and test administrators, based on their professional judgment, may request an exception to the test publishers’ recommended time-frames for post-testing an adult learner, but the administrator or designee must approve and record the deviation and reasons therefore.

    4. Students completing the required course work to earn the adult high school diploma or passing the State of Florida High School Equivalency Diploma examinations are not required to post-test.

    (b)(a) The following tests, English language versions only, are approved to pre-test students to determine educational functioning level and post-test for be used for placement and documentation of learning gains of a student enrolled in the adult general education program. The tests shall be used according to standards established for test administration and interpretation set forth in Standards for Educational and Psychological Testing (APA, AERA, NCME, 1999) and with appropriate accommodations for students with disabilities as specified in Section 1004.02(6)(7), F.S., and with necessary accommodations for English Language Learners.

    1. Tests of Adult Basic Education (TABE), Complete Battery or Survey Form, Forms 9 & 10 (all active assessments as of the date of adoption of this rule);

    2. Comprehensive Adult Student Assessment System (CASAS) (all active assessments as of the date of adoption of this rule).;

    3. General Assessment of Instructional Needs (GAIN) – test of English skills, Forms A & B (expires June 30, 2015); and.

    4. General Assessment of Instructional Needs (GAIN) – test of Math skills, Forms A & B (expires June 30, 2015).

    (b)(c)The following tests, English language versions only, are approved to pre-test students to determine educational functioning level and post-test for documentation of learning gains be used for placement  of a student enrolled in the adult English for Speakers of Other Languages program and shall be used according to standards established for test administration and interpretation set forth in Standards for Educational and Psychological Testing (APA, AERA, NCME, 1999) and with appropriate accommodations for students with disabilities, as specified in Section 1004.02(6) (7), F.S., and with the necessary accommodations for English Language Learners.

    1. Comprehensive Adult Student Assessment System (CASAS) (all active assessments as of the date of adoption of this rule);

    2. Basic English Skills Test (BEST) Plus (all active assessments as of the date of adoption of this rule); or

    3. Basic English Skills Test (BEST) Literacy (all active assessments as of the date of adoption of this rule);

    4. Comprehensive Adult Student Assessment System (CASAS) Employability Competency System Reading Skills for English Literacy for Career and Technical Education (ELCATE) students; and

    4 5. Tests for Adult Basic Education Complete Language Assessment System – English (TABE CLAS-E) (all active assessments as of the date of adoption of this rule).

    (d)(c) If an adult student has a documented disability and the instruments in paragraph (4)(a) of this rule, with accommodations are not an accurate measure of the student’s ability, one of the following tests shall be used for diagnostic purposes but is not approved as a pre-test or post-test in an adult general education program placement in an adult general education program.:

    1. Brigance Employability Skills (all active assessments as of the date of adoption of this rule);

    2. Brigance Life Skills (all active assessments as of the date of adoption of this rule);

    3. Comprehensive Test of Adaptive Behaviors (CTAB) (all active assessments as of the date of adoption of this rule);

    4. Comprehensive Adult Student Assessment (CASAS) (all active assessments as of the date of adoption of this rule); and

    5. Kaufman Functional Adult Student Assessment System (K-FAST) (all active assessments as of the date of adoption of this rule);.

    (e)(d) If an adult student has a documented disability and the instruments listed in this rule are not an accurate measure of the student’s ability, documentation must be kept showing an attempt was made to assess the student, and the results of this attempt should be kept in the student’s record for audit purposes.

    (5) Student progress will be measured by progression through Literacy Completion Points (LCPs) using one or more of the following:

    (a) Grade level/scale score improvements measured by an approved test.;

    (b) Successful completion of curriculum frameworks and/or course performance standards (for applicable programs reporting outcomes for state reporting and funding purposes only); or

    (b)(c) Attainment of State of Florida High School Equivalency Diploma GED or Adult Standard High School Diploma.

    (c) Students who are tested in multiple skill areas must be placed in their lowest Educational Functioning Level, as determined by scale score on the approved pre- and post-tests, with the exception of reading and listening tests for students enrolled in the adult English for Speakers of Other Languages (ESOL) program.

    (d) Students enrolled in the adult ESOL program are required to test in reading and listening skill areas. Use the reading score to establish and report to the Florida Department of Education (Department). Use the lower score of reading or listening to assign the student to a classroom that provides instruction at the level of the lower score. Submit both reading and listening test information to the Department.

    Rulemaking Authority 1001.02(1), 1004.93(9) (8), 1011.80(11) FS. Law Implemented 1004.93, 1011.80 FS. History–Amended 2-20-64, 4-11-70, 11-17-73, 2-18-74, 6-17-74, Repromulgated 12-5-74, Amended 12-6-84, Formerly 6A-6.14, Amended 12-28-86, 10-17-89, 12-29-98, 4-26-06, 9-19-07, 8-18-09, 2-1-11,_________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Rod Duckworth, Chancellor, Career and Adult Education

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 21, 2015

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2015