The propose and effect of the proposed rule amendment is to align the rule to Section 1008.25, F.S. and to update references to assessments, standards and plans.

 

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 propose and effect of the proposed rule amendment is to align the rule to Section 1008.25, F.S. and to update references to assessments, standards and plans.

SUMMARY: The proposed rule revision eliminates obsolete language, aligns the rule to the Section 1008.25, F.S., inserts references to English Language Arts standards and assessments and removes the requirement that retained third graders master fourth grade reading skills prior to mid-year promotion. The proposed rule also includes a provision to extend the progress monitoring plan for a retained third grader who is promoted, beyond the academic year.

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 FS.

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

DATE AND TIME: January 14, 2015, 8:30 a.m.

PLACE: Highlands County School Board Office, 426 School Street, Sebring, Florida 33870

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wendy Stevens, Executive Director, Just Read, Florida! – [e-mail], [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, 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; and

(b) Has progressed sufficiently to master appropriate fourth grade reading skills; and

(b)(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) Standards that provide a reasonable expectation that the student has met the requirements of paragraphs (1)(a)-(b) of this rule including include the mastery of reading skills, consistent with the month of promotion to fourth grade, as presented in the scope and sequence of the school district’s core reading program. Evidence of demonstrated mastery is as follows:

(a) Successful completion of portfolio elements that meet state criteria in subsection (3) of this rule; or

(b) Satisfactory performance on a locally selected standardized assessment measuring English Language Arts Standards as specified in subsection (4) of this rule.

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

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

(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 benchmarks assessed by the grade 3 Reading FCAT or the statewide English Language Arts assessment when implemented, as required by Rule 6A-1.094221, F.A.C.; and

(d) Include evidence of beginning mastery of fourth grade benchmarks that are assessed by the grade 4 Reading FCAT. This includes multiple choice items and passages that are approximately fifty (50) percent literary text and fifty (50) percent information text, and that are between 100-900 words with an average of 500 words. Such evidence could include chapter or unit tests from the district’s/school’s adopted core reading curriculum or teacher-prepared assessments that are aligned with the Sunshine State Standards. For each benchmark, there must be two (2) examples of mastery as demonstrated by a grade of seventy (70) percent or better; and

(d)(e) Be signed by the teacher and the principal as an accurate assessment of the required reading skills.

(4) To promote a student mid-year based on performance on using 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, as demonstrated by standard scores or percentiles, consistent with the month of promotion to fourth grade.

(5) The Progress Monitoring Academic Improvement Plan (AIP) 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 1008.25(9) FS. Law Implemented 1008.25(7)(b)4. FS. History–New 12-19-04, Amended 4-21-11,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Jane Tappen, Executive Vice 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: December 16, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 21, 2014