The purpose of this rule amendment is to include scale scores for each Achievement Level for use in reporting student proficiency levels for the Florida Comprehensive Assessment Test (FCAT) 2.0 Science (grades 5 and 8), and the Biology 1 and ...

Notice of Proposed Rule

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-1.09422: Florida Comprehensive Assessment Test and End-of-Course Assessment Requirements
PURPOSE AND EFFECT: The purpose of this rule amendment is to include scale scores for each Achievement Level for use in reporting student proficiency levels for the Florida Comprehensive Assessment Test (FCAT) 2.0 Science (grades 5 and 8), and the Biology 1 and Geometry End-of-Course (EOC) Assessments. In addition, with the elimination of the prior version of FCAT Reading, the rule will be amended to include an equivalent passing score on the Grade 10 FCAT 2.0 Reading. The effect will be a rule which reflects expectations for students.
SUMMARY: The purpose of the proposed rule amendment is to include the FCAT 2.0 Science, and the Biology 1 and Geometry EOC Assessments scale scores for each Achievement Level for use in reporting student proficiency levels as part of the student achievement testing programs known as the FCAT 2.0 and EOC Assessments.
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), F.S. and 2) based on past experiences with K-12 assessments and rules of this nature, 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), F.S.
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, 1008.22 FS.
LAW IMPLEMENTED: 1001.02, 1001.11, 1008.22, 1008.33 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 12, 2012, 8:00 a.m.
PLACE: Tampa Airport Marriott, Tampa International Airport, 4200 George J. Bean Parkway, Tampa, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Lynn Abbott - [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Victoria Ash, Interim Assistant Deputy Commissioner, Accountability, Research, and Measurement, 325 W. Gaines Street, Suite 414, Tallahassee, Florida 32399, [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.09422 Florida Comprehensive Assessment Test and End-of-Course Assessment Requirements.

(1) through (5) No change.

(6) Examinee scores on the FCAT 2.0 Reading and Mathematics shall be reported by the use of scaled scores and achievement levels defined by the baseline assessment administered during the 2010-2011 school year. Examinee scores on the FCAT 2.0 Science shall be reported by the use of scaled scores and achievement levels defined by the baseline assessment administered during the 2011-2012 school year. Examinee scores on EOC assessments shall be reported by the use of scaled scores and achievement levels defined by the baseline assessment administered as follows: Algebra 1 EOC Assessment (2010-2011), Geometry EOC Assessment (2011-2012), Biology 1 EOC Assessment (2011-2012), United States History EOC Assessment (2012-2013), and Civics EOC Assessment (2013-2014). Achievement levels range from 1 through 5, with level 1 being the lowest achievement level, level 5 being the highest achievement level, and level 3 indicating satisfactory performance on the assessment. Scoring at or above achievement level 4 on a Florida EOC Assessment indicates that a student is high achieving and has the potential to meet college-readiness standards by the time the student graduates from high school.

(a) No change.

(b) The achievement levels for the FCAT 2.0 Science shall be as shown in the following table.

FCAT 2.0 Science grade-level scale scores (140 to 260) for each achievement level:

GradeLevel 1Level 2Level 3Level 4Level 5

5140-184185-199200-214215-224225-260

8140-184185-202203-214215-224225-260

(c)(b) The achievement levels for the Algebra 1 EOC Assessment shall be as shown in the following table.

Algebra 1 EOC Assessment scale scores (325 to 475) for each achievement level:

Level 1	Level 2	Level 3	Level 4	Level 5
325-374	375-398	399-424	425-436	437-475

(d) The achievement levels for the Geometry EOC Assessment shall be as shown in the following table.

Geometry EOC Assessment scale scores (325 to 475) for each achievement level:

Level 1Level 2Level 3Level 4Level 5

325-369370-395396-417418-433434-475

(e) The achievement levels for the Biology 1 EOC Assessment shall be as shown in the following table.

Biology 1 EOC Assessment scale scores (325 to 475) for each achievement level:

Level 1Level 2Level 3Level 4Level 5

325-368369-394395-420421-430431-475

(7) No change.

(8) For students who entered grade nine during the 2000-2001 school year through the 2009-2010 school year, the passing score for the required reading and mathematics assessments shall be a score equal to or greater than 300 on the 100 to 500 scale, and 1926 for the reading assessment and 1889 for the mathematics assessment on the developmental scale, unless the student had previously qualified for the passing scores required for the 2002-2003 graduating class. Students required to earn a score equal to or greater than 300 on the Grade 10 FCAT Reading may meet the passing requirement by earning a score of 241 on the Grade 10 FCAT 2.0 Reading. Students who entered grade nine in the 1999-2000 school year, who are required to earn a score equal to or greater than 387 on the Grade 10 FCAT Reading, may meet the passing requirement by earning a score of 236 on the Grade 10 FCAT 2.0 Reading.

(9) For students entering grade nine during the 2010-2011 school year and beyond, the passing score for all assessments required for high school graduation or for course credit shall be the minimum scale score in achievement level 3. Since a level 3 score is a satisfactory performance level pursuant to Section 1008.22(3)(c)5., F.S., a level 3 score on an assessment that is a graduation requirement indicates that the student is on a pathway to college and career readiness. For students entering grade nine during the 2010-2011 school year and beyond, the passing score for all assessments required for high school graduation or for course credit shall be the minimum scale score in achievement level 3.

(10)(9)The Commissioner of Education shall review student performance levels annually and recommend to the State Board of Education whether to maintain the existing passing scores and achievement levels or to increase one or more of the requirements.

(11)(10) The assessments shall be administered according to a schedule approved by the Commissioner.

(12)(11) Students with disabilities may be provided test modifications or accommodations in accordance with the provisions of Rule 6A-1.0943, FAC.

(13)(12) Invalidity of a section of this rule shall not invalidate the remainder of the rule.

Rulemaking Authority 1001.02, 1008.22 FS. Law Implemented 1001.02, 1001.11, 1008.22, 1008.25, 1008.33 FS. History–New 1-24-99, Amended 10-7-01, 1-22-02, 12-23-03, 3-27-06, 3-1-07, 2-25-09, 7-19-10, 2-12-12,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jane Fletcher, Interim Deputy Commissioner, Accountability, Research, and Measurement
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner Pam Stewart
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 13, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2012