The purpose of this amendment is to revise the name of the statewide, standardized alternate assessment from the Florida Standards Alternate Assessment (FSAA) to the Florida Alternate Assessment (FAA), to adjust the scoring ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.09430Statewide, Standardized Alternate Assessment Program Requirements

PURPOSE AND EFFECT: The purpose of this amendment is to revise the name of the statewide, standardized alternate assessment from the Florida Standards Alternate Assessment (FSAA) to the Florida Alternate Assessment (FAA), to adjust the scoring pattern for the FAA—Datafolio; and to specify score ranges that define the Achievement Levels for the FAA—Performance Task aligned to the Benchmarks for Excellent Student Thinking (B.E.S.T.) Standards Access Points in English Language Arts (ELA) and Mathematics.

SUMMARY: The purpose of this proposed rule amendment is to establish scale scores for each achievement level for the alternate assessments aligned to the B.E.S.T. Standards in order to report achievement levels.

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 establishes the achievement level cut scores for alternate assessments aligned to the B.E.S.T. Standards in Florida public schools. Section 1008.22(3)(e)2., F.S., requires that “The state board shall designate by rule a passing score, indicating grade-level performance, for each statewide, standardized assessment.” Based upon prior experience, 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 set forth in s. 120.541(2), F.S., and will not require legislative ratification.

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(2)(n), 1008.22(15), 1008.25(11), F.S.

LAW IMPLEMENTED: 1001.02, 1001.11, 1008.22, 1008.25, F.S.

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

DATE AND TIME: November 20, 2024, 10:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Caribbean 1 and 2, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vince Verges, Assistant Deputy Commissioner, Office of Assessment, 325 W. Gaines Street, Suite 501, Tallahassee, FL 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.09430 Statewide, Standardized Alternate Assessment Program Requirements.

(1) Definitions. For the purpose of this rule, the following definitions shall apply:

(a) “Achievement level” means the level of content mastery a student has acquired in a particular subject as measured by a statewide, standardized alternate assessment. Achievement levels for the Florida Standards Alternate Assessment (FAA) (FSAA) – Performance Task range from one (1) through four (4), with level 1 being the lowest achievement level, level 4 being the highest achievement level, and level 3 indicating satisfactory performance on the assessment. Achievement levels for the FAA FSAA – Datafolio range from one (1) to three (3), with level 1 being the lowest achievement level, and level 3 indicating satisfactory performance on the assessment.

(b) “Alternate achievement standards” means state academic content standards that are aligned to grade-level achievement standards with reduced levels of complexity, designed to provide students with the most a significant cognitive disability, as defined in Rule 6A-1.0943, F.A.C., access to the general curriculum.

(c) through (d) No change.

(e) “Level of Assistance” (LOA) means the assistance a teacher provides in order for a student participating in the FAA FSAA – Datafolio to meaningfully engage in academic content.

(2) The statewide, standardized alternate assessment program required by s. Section 1008.22, F.S., shall be developed under the direction and supervision of the Commissioner of Education and shall be:

(a) through (d) No change.

(3) No change.

(4) The alternative assessment program is designed for a student with the most a significant cognitive disability and includes the FAA FSAA – Performance Task and the FAA FSAA – Datafolio assessments. The decisions of whether a student is eligible to particpate in the alternative assessment program and whether the student should participate in the FAA FSAA – Performance Task or FAA FSAA – Datafolio assessments is determined by the student’s Individual Educational Plan (IEP) team in accordance with Rule 6A-1.0943, F.A.C.

(a) The FAA FSAA – Performance Task is designed for a student with the most a significant cognitive disability who can make meaningful independent choices and requires direct instruction based on access points. The FAA FSAA – Performance Task measures a student’s academic performance based on the access points. The four (4) achievement levels are established based on scale scores.

(b) The FAA FSAA – Datafolio is designed for those students with the most significant cognitive disabilities who typically do not have a formal mode of communication and who may be working at pre-academic levels. The FAA FSAA – Datafolio measures a student’s progress toward meeting individualized goals established for the student in two areas: level of assistance and knowledge of access points. A student receives a progress score assigned to each of the three (3) alternate achievement standards assessed in each content area. Progress scores range from zero (0) to five (5).

(5) The statewide FAA FSAA – Performance Task alternate assessment program shall be administered as follows:

(a) All eligible students in grades three through ten shall take the FAA FSAA – Performance Task ELA assessment (baseline year 2023-2024 2015-2016).

(b) All eligible students in grades three through eight shall take the FAA FSAA – Performance Task Mathematics assessment (baseline year 2023-2024 2015-2016).

(c) All eligible students in grades five and eight shall take the FAA FSAA – Performance Task Science assessment (baseline year 2015-2016).

(d) All eligible students enrolled in a high school Access Algebra 1 or equivalent course must take the FAA FSAA – Performance Task Access Algebra 1 EOC assessment (baseline year 2023-2024 2015-2016); all eligible students enrolled in a high school Access Biology 1 or equivalent course must take the FAA FSAA – Performance Task Access Biology 1 EOC assessment (baseline year 2015-2016); all eligible students enrolled in a high school Access Geometry or equivalent course must take the FAA FSAA – Performance Task Access Geometry EOC assessment (baseline year 2023-2024 2016-2017); all eligible students enrolled in a high school Access United States History or equivalent course must take the FAA FSAA – Performance Task Access United States History EOC assessment (baseline year 2016-2017); and all eligible students enrolled in a middle school Access Civics education course must take the FAA FSAA – Performance Task Access Civics EOC assessment (baseline year 2016-2017).

(e) Provisions shall be made by the Commissioner to permit the test to be administered to home school students and private school students pursuant to ss. Sections 1002.39 and 1002.395, F.S., under conditions which preserve the security of the assessment and require the public school districts to be responsible for the test administration procedures and requirements of Rule 6A-10.042, F.A.C.

(6) The statewide FAA FSAA – Datafolio alternate assessment program shall be administered as follows:

(a) All eligible students in grades three through ten shall take the FAA FSAA – Datafolio ELA assessment (baseline year 2023-2024 2016-2017).

(b) All eligible students in grades three through eight shall take the FAA FSAA – Datafolio Mathematics assessment (baseline year 2023-2024 2016-2017).

(c) All eligible students in grades five and eight shall take the FAA FSAA – Datafolio Science assessment (baseline year 2016-2017).

(d) All eligible students enrolled in a high school Access Algebra 1 or equivalent course must take the FAA FSAA – Datafolio Access Algebra 1 EOC assessment (baseline year 2023-2024 2016-2017); all eligible students enrolled in a high school Access Biology 1 or equivalent course must take the FAA FSAA – Datafolio Access Biology 1 EOC assessment (baseline year 2016-2017); all eligible students enrolled in a high school Access Geometry or equivalent course must take the FAA FSAA – Datafolio Access Geometry EOC assessment (baseline year 2023-2024 2016-2017); all eligible students enrolled in a high school Access United States History or equivalent course must take the FAA FSAA – Datafolio Access United States History EOC assessment (baseline year 2016-2017); and all eligible students enrolled in a middle school Access Civics education course must take the FAA FSAA – Datafolio Access Civics EOC assessment (baseline year 2016-2017).

(e) Provisions shall be made by the Commissioner to permit the test to be administered to home school students and private school students pursuant to ss. Sections 1002.39 and 1002.395, F.S., under conditions which preserve the security of the assessment and require the public school districts to be responsible for the test administration procedures and requirements of Rule 6A-10.042, F.A.C.

(7) Examinee scores on statewide alternate ELA, Mathematics, Science, and EOC assessments shall be reported by the use of achievement levels determined by the baseline year assessment administered according to the schedule established in subsections (4) and (5), of this rule.

(a) The achievement levels for the statewide FAA FSAA – Performance Task assessments are as shown in the following tables: Statewide FAA FSAA – Performance Task ELA assessment standards (340 to 460 540 to 660) for each achievement level:

Grade	Level 1	Level 2	Level 3	Level 4
3	340–387 540-582	388–399 583-598	400–420 599-617	421–460 618-660
4	340–386 540-581	387–400 582-596	401–419 597-617	420–460 618-660
5	340–384 540-582	385–401 583-598	402–417 599-617	418–460 618-660
6	340–384 540-582	385–400 583-598	401–417 599-617	418–460 618-660
7	340–383 540-582	384–400 583-598	401–416 599-617	417–460 618-660
8	340–384 540-581	385–399 582-597	400–416 598-613	417–460 614-660
9	340–383 540-581	384–399 582-597	400–415 598-619	416–460 620-660
10	340–384 540-583	385–399 584-597	400–416 598-616	417–460 617-660

Statewide FAA FSAA – Performance Task Mathematics assessment standards (340 to 460 540 to 660) for each achievement level:

Grade	Level 1	Level 2	Level 3	Level 4
3	340–387 540-585	388–400 586-599	401–413 600-616	414–460 617-660
4	340–384 540-586	385–400 587-598	401–415 599-617	416–460 618-660
5	340–389 540-585	390–401 586-599	402–417 600-616	418–460 617-660
6	340–388 540-585	389–401 586-599	402–418 600-616	419–460 617-660
7	340–388 540-586	389–401 587-599	402–417 600-616	418–460 617-660
8	340–387 540-585	388–398 586-597	399–416 598-614	417–460 615-660

Statewide FAA FSAA – Performance Task Science assessment standards (540 to 660) for each achievement level:

Grade	Level 1	Level 2	Level 3	Level 4
5	540-579	580-598	599-615	616-660
8	540-579	580-599	600-618	619-660

Statewide FAA FSAA – Performance Task Access Algebra 1 EOC assessment standards (525 to 675 725 to 875) for each achievement level:

Level 1	Level 2	Level 3	Level 4
525–585 725-773	586–599 774-796	600–623 797-822	624–675 823-875

Statewide FAA FSAA – Performance Task Access Biology 1 EOC assessment standards (725 to 875) for each achievement level:

Level 1	Level 2	Level 3	Level 4
725-772	773-794	795-822	823-875

Statewide FAA FSAA – Performance Task Access Geometry EOC assessment standards (525 to 675 725 to 875) for each achievement level:

Level 1	Level 2	Level 3	Level 4
525–580 725-776	581–599 777-798	600–618 799-826	619–675 827-875

Statewide FAA FSAA – Performance Task Access Civics EOC assessment standards (725 to 875) for each achievement level:

Level 1	Level 2	Level 3	Level 4
725-772	773-795	796-817	818-875

Statewide FAA FSAA – Performance Task United States History EOC assessment standards (725 to 875) for each achievement level:

Level 1	Level 2	Level 3	Level 4
725-777	778-791	792-817	818-875

(b) The achievement levels for the statewide FAA FSAA ―Datafolio assessments are as shown below:

Statewide FAA FSAA – Datafolio assessment standards for ELA; Mathematics; Science; and Access Civics, Access Algebra 1, Access Geometry, Access Biology 1, and Access United States History EOC assessments for each achievement level: Level 1: The progress scores for each of the three (3) standards assessed in the content area include a score of one (1) in at least one standard but do not include more than one score of a two (2) or higher on any standard. Level 2: The progress scores for each of the three (3) standards assessed in the content area include at least a score of two (2) in at least two one standards or a score of three (3) or higher on one standard. Level 3: The progress scores for each of the three (3) standards in the content area include a score of three (3) or higher in at least two (2) standards.

(8) No change.

Rulemaking Authority 1001.02(2)(n), 1008.22(15), 1008.25(11), FS. Law Implemented 1001.02, 1001.11, 1008.22, 1008.25 FS. History–New 5-3-10, Amended 6-20-17, 2-20-18,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vince Verges, Assistant Deputy Commissioner, Office of Assessment

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 14, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 26, 2024