The rule amendment adds clarifying language that adopts an updated CTE Basic Skills Exemption List and establishes new cut scores for meeting Basic Skills requirements to reflect changes implemented by the test publisher. ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The rule amendment adds clarifying language that adopts an updated CTE Basic Skills Exemption List and establishes new cut scores for meeting Basic Skills requirements to reflect changes implemented by the test publisher. It also changes the exemptions section to include private school students and home education students due to legislative changes from HB 917 (2024).

SUMMARY: The rule is not expected to have any averse impact on economic growth or business competitiveness, increase regulatory costs, or any other factor set forth in s. 120.541(2), F.S. This is based on the nature of the rule and prior experience amending these requirements.

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 rule is not expected to have any averse impact on economic growth or business competitiveness, increase regulatory costs, or any other factor set forth in s. 120.541(2), F.S., and will not require legislative ratification. This is based on the nature of the rule and prior experience amending these requirements.

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), 1004.91(1), F.S.

LAW IMPLEMENTED: 1004.91, 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: Christine Walsh, Program and Policy Coordinator, Division of Career and Adult Education, [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) Students enrolled in a career certificate program as defined in Section 1004.02, F.S., offered for career education credit of 450 hours or more must complete an entry-level basic skills examination within the first six (6) weeks after admission into the program. The assessment instruments and methods listed in paragraphs (1)(a) through (1)(f)(e), of this rule, (English version only) are designated to assess student mastery of basic communication (reading language arts) and computation (mathematics) skills and must 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) 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), Forms 11 and 12, 2017;

Basic Skills Area	Grade Level	Minimum Scale Score necessary for Demonstration Grade Level
TABE Reading
Communications (Reading and Language Arts)	8	563
	9	576
	10	597
	11	617
	12	710
TABE Language Arts
Communications (Reading and Language Arts)	8	572
	9	584
	10	608
	11	631
	12	717
TABE Math
Computations (Mathematics)	8	577
	9	596
	10	627
	11	657
	12	730

(b) Comprehensive Adult Student Assessment System (CASAS), GOALS 900 Series, 2019 for Reading; 

Basic Skills Area	Grade Level	Minimum Scale Score necessary for Demonstration Grade Level
CASAS GOALS Reading
Communications (Reading and Language Arts)	8	235
	9	239
	10	244
	11	249
	12	254

(c) Comprehensive Adult Student Assessment System (CASAS), Math GOALS 2: 

Basic Skills Area	Grade Level	Minimum Scale Score necessary for Demonstration Grade Level
CASAS GOALS 2 Math
Computations (Mathematics)	8	222
	9	225
	10	230
	11	236
	12	249

(d)(b) No change.

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

(e)(d) No change.

(f)(e) No change.

(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 at http://www.fldoe.org/academics/career-adult-edu/career-tech-edu/curriculum-frameworks/ http://.fldoe.org/workforce/dvdframe/, must be used to determine basic skills levels required for completion of career certificate programs.

(3) Students deemed to lack the required minimal level of basic skills as measured by one of the designated examinations must be provided with instruction specifically designed to correct the deficiencies. After a student completes the remediation prescribed for basic skills deficiencies, the student must 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.

(4) After a student completes the remediation prescribed for basic skills deficiencies, the student must 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. 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 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. Alternative assessments may also be used for adults with disabilities, as set forth in subsection (7).

(5) No change.

(6) Minimum basic skills grade levels/scale scores achieved on one of the designated tests in Rule 6A-10.0315, F.A.C., are acceptable for a period of two (2) years. Minimum basic skills grade levels or scale scores for designated tests in subsection paragraphs (1)(a), (c),(d), and (e) are 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) Use of alternative assessments. If the tests listed in subsection (1) do not meet the initial assessment needs of an the adult with a disability or an ELL student, locally determined alternative assessment instruments may be used within the first six (6) weeks, for diagnostic and remediation purposes only.

(8) Exemptions. The following students are exempt from the basic skills examination requirement and the designated program administrator must receive an official copy of the degree, transcript, or test score in order to allow any of these exemptions;

(a) through (b) No change.

(c) One who passes a state, national or industry certification or licensure examination aligned related to their career certificate program and identified in the “2023-2024 Basic Skills Licensure Exemption List,” effective December 2024, which is incorporated by reference herein https://www.fldoe.org/core/fileparse.php/5652/urlt/FINAL-1-ADA_2023-24-basicskills-with-License-exempt.xlsx (http://www.flrules.org/Gateway/reference.asp?No=Ref-16367). 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) through (e) No change.

(f) A student who possesses a high school diploma from a private school that is in compliance with section 1002.42, F.S. 

(g) A student in a home education program or a personalized education program, with a signed affidavit submitted by the student's parent or legal guardian attesting that the student has completed a home education program pursuant to the requirements of section 1002.41, F.S. or a personalized education program pursuant to the requirements of section 1002.395 F.S. 

(9) No change.

Rulemaking Authority 1001.02(1), (2)(n), 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, 12-22-19, 2-16-21, 5-3-22, 2-21-23, 2-20-24,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Christine Walsh, Program and Policy Coordinator, Division of Career and Adult Education

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2024

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