To revise the District K-12 Comprehensive Evidence-Based Reading Plan Rule to include new language established in HB 7011, including districts conducting a root-cause analysis of student performance data to identify intensive ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.053District K-12 Comprehensive Evidence-Based Reading Plan

PURPOSE AND EFFECT: To revise the District K-12 Comprehensive Evidence-Based Reading Plan Rule to include new language established in HB 7011, including districts conducting a root-cause analysis of student performance data to identify intensive reading interventions and the Department developing a reflection tool to evaluate the effectiveness of interventions implemented in the prior year. Moreover, changes to school district reading plan requirements are needed because HB 7011 provides that the evidence-based reading instruction allocation can now be used to provide comprehensive reading instruction to certain students who have completed the Voluntary Prekindergarten Education Program and who are at risk of being identified as having a substantial deficiency in early literacy skills.

SUMMARY: Annually, school districts submit a K-12 Comprehensive Evidence-Based Reading plan for the specific use of the research-based reading instruction allocation on the form entitled District K-12 Comprehensive Evidence-Based Reading Plan, Form No. CERP-1 (effective January 2021). This amendment revises the District K-12 Comprehensive Evidence-Based Reading Plan Rule to include new language established in HB 7011, including districts conducting a root-cause analysis of student performance data to identify intensive reading interventions and the Department developing a reflection tool to evaluate the effectiveness of interventions implemented in the prior year. The amendment would also revise the evidence-based reading instruction allocation to promote comprehensive reading instruction to certain students who have completed the Voluntary Prekindergarten Education Program and who are at risk of being identified as having a substantial deficiency in early literacy skills.

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 amendment is not expected to have any adverse impact on economic growth or business competitiveness, or increase regulatory costs or any other factor listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of the rule changes. This is based upon the nature of the proposed changes, which modifies the existing Comprehensive Evidence-Based Reading Plan school districts complete in order to receive a reading instruction allocation.

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), (2)(n), 1008.25, 1011.62(8), F.S.

LAW IMPLEMENTED: 1001.215, 1008.25, 1011.62(8), F.S.

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

DATE AND TIME: February 9, 2022, 9:00 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Dr., Tallahassee, FL 32304.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lindsey Brown, Executive Director, Just Read, Florida, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.053 District K-12 Comprehensive Evidence-Based Reading Plan.

(1) Annually, school districts shall submit a K-12 Comprehensive Evidence-Based Reading Plan for the specific use of the evidenceresearch-based reading instruction allocation on the form entitled District K-12 Comprehensive Evidence-Based Reading Plan, Form No. CERP-1, (effective February 2021). The District K-12 Comprehensive Evidence-Based Reading Plan must accurately depict and detail the role of administration (both district and school level), professional development, assessment, curriculum, and instruction in the improvement of student learning of the B.E.S.T. English Language Arts Standards as provided in Rule 6A-1.09401, F.A.C. This information must be reflected for all schools and grade levels and shared with all stakeholders, including school administrators, literacy leadership teams, literacy coaches, classroom instructors, support staff, and parents. The District K-12 Comprehensive Evidence-Based Reading Plan must ensure that:

(a) through (f) No change.

(g) The identified three-hundred (300) lowest-performing elementary schools provide an additional hour per day of intensive reading instruction in accordance in Section 1011.62(8)(9), F.S.

(2) EvidenceResearch -Based Reading Instruction Allocation. Districts will submit a budget for the EvidenceResearch-Based Reading Instruction Allocation, including salaries and benefits, professional development costs, assessment costs, and programs/materials costs. In accordance with Section 1008.25(3)(a), F.S., budgets must be prioritized for K-3 students with substantial deficiencies in reading as identified in subsection (12) of this rule. In accordance with Section 1011.62(8), F.S., the Evidence-Based Reading Instruction Allocation may be used to provide early literacy instruction and interventions to students who have completed the Voluntary Prekindergarten Education Program and who are at risk of being identified as having a substantial deficiency in early literacy skills under Section 1008.25(8)(c), F.S.

(3) through (4) No change.

(5) Charter schools. Charter schools must utilize their proportionate share of the evidenceresearch-based reading allocation in accordance with Sections 1002.33(7)(a)2.a. and 1008.25(3)(a), F.S. All intensive reading interventions specified by the charter must be delivered by a teacher who is certified or endorsed in reading.

(6) Literacy Coaches.

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

(b) Districts must use the Just Read, Florida! literacy coach model or explain the evidence-based coaching model used in their district and how they will monitor the implementation and effectiveness of the coaching model. This must include how communication between the district, school administration, and the reading coach throughout the year will address areas of concern.

(c) through (d) No change.

(7) District-level monitoring of the District K-12 Comprehensive Evidence-Based Reading Plan Implementation. The plan must demonstrate adequate provisions for:

(a) through (e) No change.

(f) Evaluating District K-12 Comprehensive Evidence-Based Reading Plan implementation and impact on student achievement.

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

2. The evaluation must:

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

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

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

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

3. Districts must submitprovide their evaluation of the District K-12 CERP Reflection ToolComprehensive Evidence-Based Reading Plan to the Just Read, Florida! Office by the deadline established in subsection (14) of this rule.

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

(8) through (9) No change.

(10) Family Engagement Parent Support through a Read-at-Home Plan. In accordance with Section 1008.25(5)(c), F.S., the parent of any student who exhibits a substantial deficiency in reading, as identified in accordance with subsection (12) of this rule, must be provided a read-at-home plan, including multisensory strategies, that the parent can use to help with reading at home.

(11) Assessment, Curriculum, and Instruction.

(a) No change.

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

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

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

3. Core Iinstruction (Tier 1): is standards-aligned; includes accommodations for students with a disability, students with an Individual Educational Plan (IEP), and students who are English language learners; provides print-rich explicit and systematic, scaffolded, and differentiated instruction, and corrective feedback; builds background and content knowledge; incorporates writing in response to reading; and incorporates the principles of Universal Design for Learning as defined in 34 C.F.R. 200.2(b)(2)(ii);

4. Supplemental Instruction/Immediate Iintervention (Tier 2): is standards-aligned; includes accommodations for students with a disability, students with an IEP, and students who are English language learners; provides explicit, systematic, small group teacher-led instruction matched to student need, targeting gaps in learning to reduce barriers to students’ ability to meet Tier 1 expectations; provides multiple opportunities to practice the targeted skill(s) and receive corrective feedback; and occurs in addition to core instruction; and

5. Immediate Iintensive, Individualized Instruction/Iintervention (Tier 3): is provided to students identified as having a substantial deficiency in reading as identified in accordance with subsection (12) of this rule; is standards-aligned; includes accommodations for students with a disability, students with an IEP, and students who are English language learners; provides explicit, systematic, individualized instruction based on student need, one-on-one or very small group instruction with more guided practice, immediate corrective feedback, and frequent progress monitoring; and occurs in addition to core instruction and Tier 2 interventions. In accordance with Section 1008.25(4)(c), F.S., students identified with a substantial reading deficiency must be covered by a federally required student plan, such as an IEP or an individualized progress monitoring plan and receive 1011.62(8)(d), F.S., intensive reading interventions must be delivered by instructional personnel from teachers who are certified or endorsed in reading.

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

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

1. Name of assessment(s): screening, diagnostic, progress monitoring, diagnostic, local assessment data, statewide assessments, or teacher observations in use within the district. Pursuant to Section 1002.69, F.S., the Florida Kindergarten Readiness Screener (FLKRS) must be used as a component of identification for kindergarten students, and according to subsection (12) of this rule, the assessment tool used to identify students in grades K-3 with a substantial deficiency in reading. Pursuant to Section 1008.25(4)(a), F.S., the Florida Standards Assessment-English Language Arts (FSA-ELA) must be one of the components used for grades 3-12;

2. through 6. No change.

7. The decision trees must include specific criteria for when a student is identified to receive intensive reading intervention, what intensive reading interventions will be used, how the intensive reading interventions are provided and assurance that intensive reading interventions are delivered by a teacher who is certified or endorsed in reading and how the intensive reading interventions are provided. Districts must identify the multisensory intervention provided to students in grades K-3 who have a substantial deficiency in reading.

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

(a) The student scores at the lowest achievement level/benchmark as identified by the publisher during a universal screening period, on an assessment listed in the district’s approved District K-12 Comprehensive Evidence-Bbased Reading Plan; and beginning in 2022-2023 school year, students scoring at the lowest achievement level/benchmark on the coordinated screening and progress monitoring system pursuant to Section 1008.25(8), F.S.;

(b) The student scores at the lowest achievement level/benchmark as identified by the publisher during progress monitoring administration at any time during the school year, on an assessment listed in the district’s approved District K-12 Comprehensive Evidence-Bbased Reading Plan and beginning in 2022-2023 school year, students scoring at the lowest achievement level/benchmark on the coordinated screening and progress monitoring system pursuant to Section 1008.25(8), F.S.; or

(c) The student has demonstrated, through consecutive formative assessments or teacher observation data, minimum skill levels for reading competency in one or more of the areas of phonological awareness; phonics; vocabulary, including oral language skills; reading fluency; and reading comprehension.

(13) Three-hundred (300) Lowest-Performing Elementary Schools.

(a) through (c) No change.

1. through 2. No change.

3. The intensive reading instruction delivered in this additional hour includes evidenceresearch-based reading instruction that has been proven to accelerate progress of students exhibiting a reading deficiency, including:

a. Differentiated instruction based on screening, diagnostic, progress monitoring, diagnostic, or student assessment data to meet students’ specific reading needs;

b. Explicit and systematic reading strategies to develop phonemic awareness, phonics, fluency, vocabulary, and comprehension, with more extensive opportunities for guided practice, error correction, and feedback; and

c. Coordinated iIntegration of civic literacysocial studies, science, and mathematics text reading, text discussion, and writing in response to reading.

(14) Annually, the Department will post at https://www.fldoe.org/academics/standards/just-read-fl/readingplan.stml the deadlines for school districts to submit their District K-12 Comprehensive Evidence-Based Reading Plan, the amendment for the three-hundred (300) lowest-performing elementary schools, and the Ddistrict evaluation of plan implementation K-12 CERP Reflection Tool.

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

(a) District K-12 Comprehensive Evidence-Based Reading Plan, Form No. CERP-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-12690), effective, March 2022 February 2021;

(b) District K-12 CERP Reflection Tool, Form No. CERP-2, (DOS LINK) effective, March 2022;

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

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

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

Rulemaking Authority 1001.02(2), 1011.62, 1008.25 FS. Law Implemented 1001.215, 1011.62, 1008.25 FS. History–New 6-19-08, Amended 4-21-11, 2-17-15, 12-22-19, 2-16-21,

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lindsey Brown, Executive Director, Just Read, Florida!.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 20, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 29, 2021