Statewide Assessment for Students with Disabilities

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0943Statewide Assessment for Students with Disabilities

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 206, October 22, 2013 issue of the Florida Administrative Register.

(2) The Department of Education shall assure the participation of students with disabilities to include those students with disabilities as defined by Section 1003.01(3)(a) 1007.02(2), F.S., Rule 6A-6.03020, F.A.C., or students with disabilities who have been determined eligible and have a plan developed in accordance with Section 504 of the Rehabilitation Act 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), and 1003.428(5), F.S.

(4)(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 K-12 Student 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)(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 with a plan developed in accordance with Section 504 of the Rehabilitation Act 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)(a) of this rule must be submitted to the Department of Education for approval by the Commissioner of Education. In order to be approved, a unique accommodation must be allowable for use on a statewide standardized assessment and must be used by the student during classroom instruction and for assessments and described as such on the student’s IEP or plan developed in accordance with Section 504 of the Rehabilitation Act. When paper-based large print is requested as a unique accommodation for a computer-based test administration, additional documentation must be provided which justifies the student’s need for such an accommodation.

(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 paragraphs (4)(a) and (4)(c) 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 is an eligible student with a disability with a plan developed in accordance with Section 504 of the Rehabilitation Act subsection 6A-19.001(6), F.A.C.; and,

(6)(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 first day of the current year’s assessment administration window of the statewide standardized assessment for which the request is made. A request must include all of the following information:

(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. In order for an extraordinary exemption to be granted by the Commissioner, all required documentation must be submitted and must provide sufficent evidence that the identified circumstance or condition prevents the student from physically demonstrating the mastery of skills that have been acquired and are measured by the statewide standardized assessment. If the Commissioner denies the exemption, the notification must state the reasons for the denial.