The purpose of this rule amendment is to update the rule based on revisions made to Section 1008.25, F.S., House Bill 7069.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.094222Standards for Mid-Year Promotion of Retained Third Graders

PURPOSE AND EFFECT: The purpose of this rule amendment is to update the rule based on revisions made to Section 1008.25, F.S., House Bill 7069.

SUMMARY: The revised language identifies a department approved list of alternative assessments, clarification of student portfolio requirements and other criteria for promotion after November 1.

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: It is not expected that the proposed rule will have any impact on the factors listed in Section 120.541(2), F.S. as the proposal related to the mid-year promotion of third grade students and imposes no additional duties on school districts that would result in additional costs.

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: 1008.25(9) FS.

LAW IMPLEMENTED: 1008.25(7)(b)3 FS.

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

DATE AND TIME: December 4, 2015, 9:30 a.m.

PLACE: Conference call (The call in information will be posted on the Department’s website no later than 14 days prior to the meeting at http://www.fldoe.org/policy/state-board-of-edu/meetings/).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Laurie Lee, Deputy Director, Just Read, Florida!, 325 West Gaines Street, Suite 1432, Tallahassee, Florida

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.094222 Standards for Mid-Year Promotion of Retained Third Graders.

Effective with the 2004-2005 school year, district school boards are required to adopt and implement a policy for the mid-year promotion of any student retained in third grade due to a reading deficiency as required by Section 1008.25(5)(b), F.S. Such mid-year promotions of retained third grade students should occur during the first semester of the academic year.

(1) To be eligible for mid-year promotion, a student must demonstrate that he or she:

(a) Is a successful and independent reader as demonstrated by reading at or above grade level;

(b) Has progressed sufficiently to master appropriate fourth grade reading skills; and met any additional requirements, such as satisfactory achievement in other curriculum areas, as determined by the policies of the district school board.

(c) Has met any additional requirements, such as satisfactory achievement in other curriculum areas, as determined by the policies of the district school board.

(2) The criteria for students promoted before November 1 must Standards that provide a reasonable expectation that the student has met the requirements of paragraphs (1)(a)-(c) (b) of this rule including the mastery of third grade reading skills as presented in the English Language Arts Florida Standards scope and sequence of the school district’s core reading program. Evidence of demonstrated mastery is as follows:

(a) Satisfactory performance on locally selected standardized assessment(s) measuring English Language Arts Standards as specified Successful completion of portfolio elements that meet state criteria in subsection (4) (3) of this rule; or

(b) Satisfactory performance on a state approved alternative assessment as delineated in State Board Rule 6A-1.094221; or locally selected standardized assessment measuring English Language Arts Standards as specified in subsection (4) of this rule.

(c) Successful completion of portfolio elements that meet state criteria in subsection (3) of this rule.

(3) To promote a student mid-year using a student portfolio, as provided for in paragraph (2)(c) (a) of this rule, there must be evidence of the student’s mastery of third grade English Language Arts Florida Standards. The student portfolio must meet the following requirements:

(a) Be selected by the school district student’s teacher;

(b) No change.

(c) Include evidence of mastery of the standards assessed by the grade three 3 Reading FCAT or the statewide English Language Arts Florida Standards assessment when implemented as required by Rule 6A-1.094221, F.A.C.; and Evidence can include successful completion of multiple choice items and text-based responses, chapter or unit tests from the district or school adopted core reading curriculum, or the state-provided third grade student portfolio. Portfolios should contain 50% literary and 50% informational texts.

(d) No change.

(4) The criteria for students promoted after November 1 must provide a reasonable expectation that the student has met the requirements of sections (1)-(3) of this rule and that the student’s progress is sufficient to master appropriate grade 4 level reading skills. These students must demonstrate proficiency levels in reading equivalent to the level necessary for the beginning of grade four. To promote a student mid-year based on performance on a locally selected standardized assessment measuring English Language Arts Florida Standards, as provided for in paragraph (2)(b) of this rule, there must be evidence that the student scored at or above 3rd grade level in reading comprehension.

(5) No change.

Rulemaking Authority 1008.25(9) FS. Law Implemented 1008.25(7)(b)3. FS. History–New 12-19-04, Amended 4-21-11, 2-17-15,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, Chancellor, K-12 Public Schools

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 26, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 22, 2015