To adopt the 2019-2020 CTE Basic Skills Exemption List, which will be incorporated by reference herein, add a basic skills assessment instrument, remove an assessment instrument, update a reference item, and clarify and update language to conform ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.040Basic Skills Requirements for Postsecondary Career and Technical Certificate Education

PURPOSE AND EFFECT: To adopt the 2019-2020 CTE Basic Skills Exemption List, which will be incorporated by reference herein, add a basic skills assessment instrument, remove an assessment instrument, update a reference item, and clarify and update language to conform with statute.

SUMMARY: The State Board of Education adopts, by rule, standards of basic skill mastery for students completing postsecondary career certificate programs of 450 hours or more. Students enrolling in these certificate programs must complete a basic skills assessment within the first six weeks after admission to the program, and if necessary, the district or Florida college system institution offering the program must provide basic skills instruction. The statute provides for some exemptions. This rule amendment will adopt the 2019-2020 CTE Basic Skills Exemption List, which will be incorporated by reference, add a basic skills assessment instrument, remove an assessment instrument, update a reference item, and clarify and update language to conform with statute.

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 administration of basic skills exit requirements for adult students enrolled in postsecondary CTE clock hour programs has been a longstanding requirement in statute and this rule and these updates are not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), 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: 1004.91, FS.

LAW IMPLEMENTED: 1004.91, FS.

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

DATE AND TIME: November 15, 2019, 9:00 a.m.

PLACE: Government Services Building, 1769 E. Moody Blvd, #2, Bunnell, FL 32110.

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, FL 32399-0400; Phone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

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6A-10.040 Basic Skills Requirements for Postsecondary Career and Technical Certificate Education.

(1) Students who are enrolled in a postsecondary program offered for career education credit of 450 hours or more shall complete an entry-level basic skills examination within the first six (6) weeks after admission into the program. The assessment instruments listed in paragraphs (1)(a) through (1)(d)(e) of this rule, (English version only) are designated to assess student mastery of basic skills and shall be used according to standards established for test administration and interpretation set forth in Standards for Educational and Psychological Testing (American Psychological Association (APA), American Educational Research Association (AERA), National Council on Measurement in Education (NCME), 2014 1992) and with appropriate accommodations for students with disabilities as specified in Rule 6A-1.0943, F.A.C.:

(a) Tests of Adult Basic Education (TABE), Complete Battery or Survey Form, Forms 9 and 10, 2003: expires 12/31/2018;

(a)(b) Tests of Adult Basic Education (TABE), Forms 11 and 12, 2017;

(b)(c) A common placement test where a minimum score has been achieved pursuant to Rule 6A-10.0315, F.A.C.;

(d) Wonderlic Basic Skills Test (WBST), 1994;

(c) Comprehensive Adult Student Assessment System (CASAS), GOALS 900 Series, 2019;

(d)(e) 2014 GED® Tests: Reasoning through Language Arts and Mathematical Reasoning where a minimum score as required in Rule 6A-6.0201, F.A.C., has been attained on each test.

(2) Minimum basic skills grade levels in each career education program description adopted under Rule 6A-6.0571, F.A.C., and published annually in the curriculum frameworks and posted on the Department of Education’s website http://.fldoe.org/workforce/dvdframe/, shall be used to determine basic skills levels required for completion of the career certificate and technical education programs.

(3) Students deemed to lack the required minimal level of basic skills as measured by one of the designated examinations shall be provided with instruction specifically designed to correct the deficiencies.

(4) After a student completes the remediation prescribed for basic skills deficiencies, the student shall be retested using an alternative form (if possible) of the same examination that was used for initial testing. A career certificate of completion shall not be awarded until the minimum, or higher, required level of basic skills, as designated in the program’s curriculum framework, is achieved. No student shall be awarded a career and technical certificate of completion until the student achieves the minimum level of basic skills required for that program by the Department of Education.  An adult with a disability as defined in Section 1004.02(6), F.S., may be exempted from meeting the career basic skills grade levels required for completion of the career certificate and technical education program. Each school district and Florida college institution must adopt a policy addressing procedures for exempting eligible adults with disabilities from the basic skills exit requirements as permitted in Section 1004.91(3), F.S.

(5) Procedures for students whose first language is not English:

(a) No student is exempt from this rule because of language deficiencies. If one of the approved basic skills assessment instruments cannot be administered, an alternative assessment from subsection (7) of this rule should be used for initial testing. Adult English Language Learners (ELL) as defined in Rule 6A-6.0901, F.A.C., shall be given English language instruction and remediation in basic skills as needed to improve proficiency. The math assessment may be measured by one (1) of the designated tests in subsection (1) of this rule.

(b) ELL students must achieve the minimum grade level or scale score or higher on one of the designated tests in subsection (1) of this rule as required by the Department to be awarded a certificate of completion in a career education program.

(6) If a student has achieved the Mminimum basic skills grade levels or scale scores achieved on one of the designated tests in Rule 6A-10.0315, F.A.C., subsection (1) of this rule, these scores shall be acceptable for a period of two (2) years. Minimum basic skills grade levels or scale scores for designated tests in paragraphs (1)(a),(c) or (d) shall be acceptable indefinitely. The program administrators must receive a copy of the test scores from the institution which administered the test or an official copy of the transcript.

(7) No change.

(8) The following students are exempt from this section taking the initial basic skills assessment required in subsection (1) of this rule. and tThe designated program administrator must receive an official copy of the degree, transcript, or test score in order to allow any of these exemptions.

(a) One A student who possesses a college degree at the associate in applied science level or higher.

(b) One A student who demonstrates readiness for public postsecondary education pursuant to Rule 6A-10.0315, F.A.C.

(c) One A student who passes a state, national or industry certification or licensure examination related to their career certificate program and that is identified in the “2019-2020 Basic Skills Licensure Exemption List” (http://www.fldoe.org/core/fileparse.php/5652/urlt/2017-18-License-exempt_CTE_programs.rtf), which is incorporated by reference herein http://www.fldoe.org/core/fileparse.php/5652/urlt/2019-20-basicskills-with-License-exempt.rtf  (http://www.flrules.org/Gateway/reference.asp?No=Ref-09074). The Basic Skills Licensure Exemption List may be requested from the Department of Education, Division of Career and Adult Education, 325 West Gaines Street, Tallahassee, FL 32399-0400.

(d) An adult student who is enrolled in an apprenticeship program that is registered with the Department of Education in accordance with Chapter 446, F.S.

Rulemaking Authority 1001.02(1), 1004.91(1) FS. Law Implemented 1004.91 FS. History–New 10-8-85, Formerly 6A-10.40, Amended 5-2-89, 9-5-93, 11-25-97, 1-24-99, 4-26-06, 7-21-08, 5-18-14, 8-26-15, 6-23-16, 2-20-18,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kathleen Taylor, Bureau Chief, Division of Career and Adult Education

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 14, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 30, 2019