To make technical changes to the rule and to adopt the 2023-2024 CTE Basic Skills Exemption List, which will be incorporated by reference herein. Technical changes will include removal of obsolete diagnostic assessments ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: To make technical changes to the rule and to adopt the 2023-2024 CTE Basic Skills Exemption List, which will be incorporated by reference herein. Technical changes will include removal of obsolete diagnostic assessments and will address the appropriate use of alternative assessments for diagnostic purposes.

SUMMARY: The State Board of Education adopts, by rule, standards of basic skill mastery for students completing postsecondary career certificate programs of 450 hours or more. Students enrolling in these certificate programs must complete a basic skills assessment within the first six weeks after admission to the program (unless otherwise exempt), and if necessary, the district or Florida college system institution offering the program must provide basic skills instruction. The statute provides for some exemptions.

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 changes to the rule remove obsolete tests and address alternatives that can be used in some cases. These changes are not expected to have adverse impact on economic growth, business competitiveness, or any other factors in s.120(2)(a), F.S., and will not require legislative ratification. No Increase in regulatory costs are anticipated as a result of these changes.

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: January 17, 2024, 9:00 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Drive, Tallahassee, FL 32304

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kathleen Taylor, Bureau Chief, Division of Career and Adult Education, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) though (6) No change.

(7) Use of alternative assessments. If the tests listed in subsection (1) do not meet the initial assessment needs of the adult with disability or ELL student, locally determined one of the following alternative assessment instruments may be used within the first six (6) weeks, for diagnostic and remediation purposes only.:

(a) Tests of Adult Basic Education Complete Language Assessment System – English (TABE CLAS-E), 2006;

(b) Brigance Employability Skills, 1995;

(c) Brigance Transition Skills Inventory, 2010;

(d) Comprehensive Test of Adaptive Behaviors (CTAB), 1986;

(e) Comprehensive Adult Student Assessment System (CASAS) – Test for Special Populations, 1996;

(f) Kaufman Functional Academic Skills Test (K-FAST), 1994;

(g) Literacy Volunteers of America (LVA) English as a Second Language Oral Assessment (ESLOA), 1995; or

(h) Comprehensive Adult Student Assessment System (CASAS) – Life and Work, 2001 (reading).

(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 related to their career certificate program and identified in the “2023-2024 2022-2023 Basic Skills Licensure Exemption List,” 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.fldoe.org/core/fileparse.php/5652/urlt/2022-23-basicskills-with-License-exempt.rtf (http://www.flrules.org/Gateway/reference.asp?No=Ref-15160). 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.

(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,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kathleen Taylor, Bureau Chief, 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: December 12, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 21, 2023