To align with Rule 6A-1.094221, F.A.C., Alternative Standardized Reading Assessment and Use of Student Portfolio for Good Cause Promotion, which was updated in February 2022. For mid-year promotion on or before November ....

 

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: To align with Rule 6A-1.094221, F.A.C., Alternative Standardized Reading Assessment and Use of Student Portfolio for Good Cause Promotion, which was updated in February 2022. For mid-year promotion on or before November 1, this rule amendment includes scoring Level 2 or above on the statewide, standardized English Language Arts assessment as an additional piece of evidence to show mastery of third grade reading skills. For mid-year promotion after November 1, the student’s progress must be sufficient to master appropriate grade four level reading skills equivalent to the level necessary for the month in which the transition occurs.

SUMMARY: Rule 6A-1.094222 Mid-Year Promotion of Retained Third Graders was established to align with Rule 6A-1.094221, Alternative Standardized Reading Assessment and Use of Student Portfolio for Good Cause Promotion to provide guidance to schools and districts pertaining to students retained in grade three. This rule further clarifies considerations for mid-year promotion for students retained in grade three.

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 proposed rule is not expected to have any adverse impact on economic growth or business competitiveness, or increase regulatory costs or any other factor listed in s. 120.541(2)(a), F.S., and will not require legislative ratification.. This is based upon the nature of the proposed rule.

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), 1008.25(10), F.S.

LAW IMPLEMENTED: 1008.25(7)(b)2., F.S.

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

DATE AND TIME: January 18, 2023, 9:00 a.m.

PLACE: Nassau County School Board Office, 1201 Atlantic Ave., Fernandina Beach, FL 32034.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lindsey Brown, Executive Director, Just Read, Florida! 325 West Gaines Street, Tallahassee, FL 32399, [phone]

 

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, Ddistrict 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 (s.) 1008.25(5)(c)(b), F.S. Such mid-year promotions of retained third grade students should occur during the first semester of the academic year.

(1) No change.

(2) The criteria for students promoted on or before November 1 must provide a reasonable expectation that the student has met the requirements of paragraphs (1)(a)-(c) of this rule including the mastery of third grade reading skills as presented in the state academic standards in English Language Arts Florida Standards. Evidence is as follows:

(a) Satisfactory performance as demonstrated by scoring Level 2 or above on beginning of the year administration of the statewide, standardized coordinated screening and progress monitoring system in Grade 3 English Language Arts pursuant to s. 1008.25(8)(b)2., F.S.;

(b)(a) Satisfactory performance on locally selected standardized assessment(s) measuring state academic standards in English Language Arts pursuant to s. 1003.41, F.S.; Florida Standards as specified subsection (4) of this rule;

(c)(b) Satisfactory performance on a state approved alternative assessment as delineated in paragraph (1)(b) of State Board Rule 6A-1.094221, F.A.C.; or

(d)(c) Successful completion of portfolio elements that meet state criteria in subsection (3) of this Rrule 6A-1.094221, F.A.C.

(3) To promote a student mid-year using a student portfolio, as provided for in paragraph (2)(c) 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;

(b) Be an accurate picture of the student’s ability and only include student work that has been independently produced in the classroom;

(c) Include evidence of mastery of the standards assessed by the grade three English Language Arts Florida Standards assessment as required by Rule 6A-1.094221, F.A.C. 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) Be signed by the teacher and the principal as an accurate assessment of the required reading skills.

(3)(4) The criteria for students promoted after November 1 must provide a reasonable expectation that the student has met the requirements of subsections (1) (2)(3) of this rule, and that the student’s progress is sufficient to master appropriate grade four level reading skills equivalent to the level necessary for the month in which the transition to grade four occurs. These students must demonstrate proficiency levels in reading equivalent to the level necessary for the beginning of grade four.

(4)(5) The Progress Monitoring Plan for any retained third grade student who has been promoted mid-year to fourth grade must continue to be implemented for the entire academic year and if necessary for additional school years.

Rulemaking Authority 1001.02(1), (2)(n), 1008.25(10)(9) FS. Law Implemented 1008.25(7)(b)23. FS. History–New 12-19-04, Amended 4-21-11, 2-17-15, 1-7-16,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lindsey Brown, Executive Director, Just Read, Florida!

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 8, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 10, 2022