The purpose of the proposed amendment is to conform the rule to statutory revisions. The effect is a change of existing procedures with regard to consideration of an extraordinary exemption from participation in the statewide assessment program for ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0943Statewide Assessment for Students with Disabilities

PURPOSE AND EFFECT: The purpose of the proposed amendment is to conform the rule to statutory revisions. The effect is a change of existing procedures with regard to consideration of an extraordinary exemption from participation in the statewide assessment program for some students with disabilities.

SUMMARY: The proposed rule includes recently amended language based on revisions to Section 1008.22, Florida Statutes, Student assessment program for public schools, and the creation of Section 1008.212, Florida Statutes, Students with disabilities; extraordinary exemption. The proposed rule clarifies that the Florida Alternate Assessment which is administered to students with significant cognitive disabilities is a part of the state standardized assessment program. In addition, procedures for the submission of a request for an extraordinary exemption from participation in a statewide assessment for a student with a disability are revised based on the statutory requirements of Section 1008.212, Florida Statutes. Individual educational plan (IEP) teams have the authority to recommend to a district school superintendent that a student with a disability be exempted from participation in a statewide standardized assessment because of specific circumstances or conditions as defined in rule and law that prevent the student from demonstrating the mastery of skills that have been acquired and are measured by a state standardized assessment. A learning, emotional, behavioral, or significant cognitive disability or the receipt of services through the homebound or hospitalized program in accordance with Rule 6A-6.03020, F.A.C., is not, in and of itself, an adequate criterion for the granting of an extraordinary exemption. The IEP team must document specific information regarding the student as stipulated in both rule and law. This information must be provided to the Commissioner of Education by the district school superintendent at least 60 calendar days in advance of a specific assessment administration. If a parent disagrees with the IEP team’s recommendation, the parent must be provided with information regarding available dispute resolution methods. The Commissioner is required to verify the information submitted, make a determination to grant or deny the exemption, and notify the parent and the district school superintendent of the decision within 30 calendar days after the receipt of the district’s request. If the Commissioner grants the exemption, the student’s progress must be assessed in accordance with the goals established in the student’s IEP.

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: 1) no requirement for SERC was triggered under Section 120.541(1), Florida Statutes, and; 2) based on past experiences with rules that affect individual students and their families in an educational setting and have no impact on small businesses, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.

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: 1003.428, 1003.571, 1008.212, 1008.22 FS.

LAW IMPLEMENTED: 1003.428, 1003.571, 1008.212, 1008.22 FS.

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

DATE AND TIME: November 19, 2013, 9:00 a.m.

PLACE: Santa Fe College, Northwest Campus, Fine Arts Hall, 3000 NW 83rd Street, Gainesville, FL 32606

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Jane Tappen, Deputy Chancellor, Division of Public Schools, 325 West Gaines Street, Tallahassee, FL 32399-0400

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0943 Statewide Assessment for Students with Disabilities.

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

(a) Statewide standardized assessments shall mean the Florida Comprehensive Assessment Test until replaced, statewide standardized end-of-course (EOC) assessments, and the Florida Alternate Assessment.

(b) “Circumstance” shall have the same meaning as defined in Section 1008.212, F.S.

(c) “Condition” shall have the same meaning as defined in Section 1008.212, F.S.

(2)(1) The Department of Education shall assure the participation of students with disabilities as defined by Section 1007.02(2) 1003.01(3)(a), F.S., Rule 6A-6.03020, F.A.C., or subsection 6A-19.001(6), F.A.C., in the statewide standardized assessment program and provide technical assistance to school districts in the implementation of the requirements of this rule including appropriate accommodations for students participating in the statewide standardized assessment program as required by Sections 1008.22(3)(c)6., and 1003.428(5) and 1003.43(8), F.S.

(3)(2) All students with disabilities will participate in the statewide standardized assessment program based on state standards, pursuant to Rule 6A-1.09401, F.A.C., without accommodations unless:

(a) tThe individual educational plan (IEP) team, or the team that develops the plan required under Section 504 of the Rehabilitation Act, determines and documents that the student requires allowable accommodations during instruction and for participation in a statewide standardized assessment.; or

(b) The IEP team determines that a student with a significant cognitive disability meets the criteria for participating in the statewide alternate assessment under subsection (4) of this rule.

(4) (3) Provision of accommodations for students with disabilities participating in the statewide standardized assessment program.

(a) Each school board shall utilize appropriate and allowable accommodations for statewide standardized assessments within the limits prescribed herein and current statewide standardized assessment test administration manuals published by the Florida Department of Education Bureau of Assessment and School Performance, and Bureau of Exceptional Education and Student Services. Copies of the manuals are available by contacting the Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. Accommodations are defined as adjustments to the presentation of the statewide standardized assessment questions, methods of recording examinee responses to the questions, scheduling for the administration of a statewide standardized assessment to include amount of time for administration, settings for administration of a statewide standardized assessment, and/or the use of assistive technology/devices to facilitate the student’s participation in a statewide standardized assessment. Accommodations that negate the validity of a statewide standardized assessment are not allowable. Within the limits specified in this rule, allowable statewide standardized assessment accommodations are based on current instructional accommodations and accessible instructional materials used by the student in the classroom.

(b) The accommodations described in paragraph (4)(3)(a) of this rule are authorized for any student who has been determined to be an eligible student with a disability pursuant to Section 1003.01(3)(a) F.S. and Rule 6A-6.0331, F.A.C., and has a current IEP, or who has been determined to be a student with a disability pursuant to subsection 6A-19.001(6), F.A.C. The accommodations must be identified on the student’s IEP or the plan developed under Section 504 of the Rehabilitation Act.

(c) The need for any unique accommodations for use on a statewide standardized assessment not outlined in the statewide assessment test administration manuals published by the Florida Department of Education as described in paragraph (4)(3)(a) of this rule must be submitted to the Department of Education for approval by the Commissioner of Education.

(d) District personnel are required to implement the accommodations in a manner that ensures that the test responses are the independent work of the student. Personnel are prohibited from assisting a student in determining how the student will respond or directing or leading the student to a particular response. In no case shall the accommodations authorized herein be interpreted or construed as an authorization to provide a student with assistance in determining the answer to any test item.

(e) Students with disabilites who are not currently enrolled in public schools or receiving services through public school programs and require accommodations in order to participate in the statewide standardized assessment program may have access to accommodations identified in paragraph (4)(3)(a) of this rule if the following information is provided:

1. Evidence that the student has been found eligible as a student with a disability as defined by Section 1003.01(3)(a), F.S., or subsection 6A-19.001(6), F.A.C.; and,

2. Documentation that the requested accommodations are regularly used for instruction.

(5)(4) Participation in the Florida statewide Aalternate Aassessment. The decision that a student with a significant cognitive disability will participate in the Florida statewide Aalternate Aassessment is made by the IEP team and recorded on the IEP. The following criteria must be met:

(a) The student is unable to master the grade-level general state content standards pursuant to Rule 6A-1.09401, F.A.C., even with appropriate and allowable instructional accommodations, assistive technology, or accessible instructional materials;

(b) The student is participating in a curriculum based on the state standards access points, pursuant to Rule 6A-1.09401, F.A.C., for all academic areas; and

(c) The student requires direct instruction in academics based on access points, pursuant to Rule 6A-1.09401, F.A.C., in order to acquire, generalize, and transfer skills across settings.

(6)(5) Extraordinary exemption. Pursuant to Section 1008.212 1008.22(3)(c)6., F.S., upon approval of the Commissioner, a student with a disability, as defined in Section 1003.01(3)(a), F.S., is eligible for an extraordinary consideration of a special exemption from participation in statewide standardized assessments as defined in subsection (1) of this rule., including the alternate assessment, under extraordinary circumstances. Extraordinary circumstances are events or conditions that prevent the student from physically demonstrating the mastery of skills that have been acquired and are measured by statewide assessments.

(a) An IEP team may determine that a student with a disability is prevented by a circumstance or condition as defined in subsection (1) of this rule, from physically demonstrating the mastery of skills that have been acquired and are measured by a statewide standardized assessment and may recommend that an extraordinary exemption from the administration of a statewide assessment be granted. A learning, emotional, behavioral, or significant cognitive disability or the receipt of services through the homebound or hospitalized program in accordance with Rule 6A-6.03020, F.A.C., is does not, in and of itself, an adequate criterion for the granting of an extraordinary exemption constitute an extraordinary circumstance. Extraordinary circumstances are physical conditions that affect a student’s ability to communicate in modes deemed acceptable for statewide assessments, creating a situation where the results of administration of a statewide assessment would reflect a student’s impaired sensory, manual, or speaking skills rather than the student’s achievement. A request for consideration of this special exemption must be submitted to the Commissioner in writing from the district school superintendent no later than thirty (30) school days prior to the assessment administration window. Attached documentation shall include:

(b) The IEP team, which must include the parent, may submit to the district school superintendent a written request for an extraordinary exemption at any time during the school year, but no later than sixty (60) calendar days before the current year’s assessment administration for which the request is made. A request must include all of the following information:

1.(a) A wWritten description of the student’s disabilities disabling condition, including a specific description of the student’s impaired sensory, manual or speaking skills and the extraordinary circumstances for the exemption request;

2.(b) Written documentation of the most recent evaluation data;

3. Written documentation, if available, of the most recent administration of statewide standardized assessments;

4. A written description of the circumstance’s or condition’s, as defined in subsection (1) of this rule, effect on the student’s participation in statewide standardized assessments and

(c) Written description of the disability’s effect on the student’s achievement;

5.(d) Written evidence that the student has had the opportunity to learn the skills being tested; and,

6. Written evidence that the student has been provided appropriate instructional accommodations;

7. Written evidence as to whether the student has had the opportunity to be assessed using the instructional accommodations on the student’s IEP which are allowable in the administration of a statewide standardized assessment; and

8. Written evidence of the circumstance or condition as defined in subsection (1) of this rule.

(e) Written evidence that the manifestation of the student’s disability prohibits the student from responding to the statewide assessment, even when appropriate accommodations are provided so that the result of the testing reflects the student’s impaired sensory, manual, or speaking skills rather than the student’s achievement.

(c) Based on the documentation provided by the student’s IEP team, the school district superintendent shall recommend to the Commisioner of Education whether an extraordinary exemption for a given assessment administration window be granted or denied. The school district’s recommendation and accompanying documentation must be sent to the Florida Department of Education, Office of the Commissioner, 325 West Gaines Street, Tallahassee, Florida, 32399-0400.

(d) If the parent disagrees with the IEP team’s recommendation, the dispute resolution methods as described in Rule 6A-6.03311, F.A.C., shall be made available to the parent.

(e) Upon receipt of the request, documentation, and recommendation, the Commissioner shall verify the information documented, make a determination, and notify the parent and the district school superintendent in writing within thirty (30) calendar days after the receipt of the request whether the exemption has been granted or denied. If the Commissioner denies the exemption, the notification must state the reasons for the denial.

(f) If the Commissioner grants the exemption, the student’s progress must be assessed in accordance with the goals established in the student’s IEP.

(g) The Commissioner shall determine whether the exemption will be granted based upon the documentation provided by the district school superintendent. A request for the determination of a special exemption must be submitted annually and approved by the Commissioner.

Rulemaking Authority 1001.02(1), (2)(n), 1003.428(5), 1003.43(8), 1003.571, 1008.212, 1008.22(3), (10)(12) FS. Law Implemented 1003.,428(5), 1003.43(8), 1003.571, 1008.212, 1008.22(3), (12) FS. History–New 9-12-78, Amended 3-4-84, Formerly 6A-1.943, Amended 6-12-90, 9-17-01, 7-1-10,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Jane Tappen, Deputy Chancellor of Curriculum, Instruction and Student Services

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 18, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 30, 2013