To adopt the 2022-2023 CTE Basic Skills Exemption List, which will be incorporated by reference herein and clarify and update language to conform with statutory changes related to the passage of HB 3 which stated that a ....

 

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 adopt the 2022-2023 CTE Basic Skills Exemption List, which will be incorporated by reference herein and clarify and update language to conform with statutory changes related to the passage of HB 3 which stated that a person is not required to take the basic skills examination and assessment instrument before entering a law enforcement officer basic recruit training program if he or she is a veteran as defined in s. 1.01(14) F.S., or holds an associate degree or higher from an accredited college or university.

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. This rule amendment will adopt the 2022-2023 CTE Basic Skills Exemption List, which will be incorporated by reference and clarify and update language to conform with statute.

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: Based upon the nature of these changes and experience with similar changes in the past, no adverse impact or regulatory cost is expected and certainly none that will exceed any of the criteria of s. 120.541(2)(a), F.S. and will not require legislative ratification.

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 18, 2023, 9:00 a.m.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kathleen Taylor, Bureau Chief, Division of Career and Adult Education, 325 West Gaines Street, Suite 714, Tallahassee, FL 32399-0400; Phone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) Students enrolled in a career certificate postsecondary program as defined in Section 1004.02, F.S., offered for career education credit of 450 hours or more must shall complete an entry-level basic skills examination within the first six (6) weeks after admission into the program. The assessment instruments and methods listed in paragraphs (1)(a) through (1)(e)(d), of this rule, (English version only) are designated to assess student mastery of basic communication (reading language arts) and computation (mathematics) skills and must shall be used according to standards established for test administration and interpretation set forth in Standards for Educational and Psychological Testing (American Psychological Association (APA), American Educational Research Association (AERA), National Council on Measurement in Education (NCME), 2014) and with appropriate accommodations for students with disabilities as specified in Rule 6A-1.0943, F.A.C.:

(a) through (d) No change.

(e) A test adopted by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S., and Rule 11B-35.0011 F.A.C., used for admission into law enforcement or corrections training programs.

(2) Minimum basic skills grade levels in each career education program description adopted under Rule 6A-6.0571, F.A.C., and published annually in the curriculum frameworks and posted on the Department of Education’s website http://.fldoe.org/workforce/dvdframe/, must shall be used to determine basic skills levels required for completion of career certificate programs.

(3) Students deemed to lack the required minimal level of basic skills as measured by one of the designated examinations must shall be provided with instruction specifically designed to correct the deficiencies.

(4) After a student completes the remediation prescribed for basic skills deficiencies, the student must shall be retested using an alternative form (if possible) of the same examination that was used for initial testing. A career certificate of completion shall not be awarded until the minimum, or higher, required level of basic skills, as designated in the program’s curriculum framework, is achieved. An adult with a disability as defined in Section 1004.02(6), F.S., may be exempted from meeting the career basic skills grade levels required for completion of the career certificate program. Each school district and Florida college institution must adopt a policy addressing procedures for exempting eligible adults with disabilities from the basic skills exit requirements as permitted in Section 1004.91(3), F.S.

(5) Procedures for students whose first language is not English:

(a) No student is exempt from this rule because of language deficiencies. If one of the approved basic skills assessment instruments cannot be administered, an alternative assessment from subsection (7) of this rule should be used for initial testing. Adult English Language Learners (ELL), must shall be given English language instruction and remediation in basic skills as needed to improve proficiency. The math assessment may be measured by one (1) of the designated tests in subsection (1) of this rule.

(b) No change.

(6) Minimum basic skills grade levels/scale scores achieved on one of the designated tests in Rule 6A-10.0315, F.A.C., are shall be acceptable for a period of two (2) years. Minimum basic skills grade levels or scale scores for designated tests in paragraphs (1)(a), (c), or (d), and (e) are shall be acceptable indefinitely. The program administrators must receive a copy of the test scores from the institution which administered the test or an official copy of the transcript.

(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, one of the following alternative assessment instruments may be used within the first six (6) weeks, for diagnostic and remediation purposes only:

(a) through (h) No change.

(8) Exemptions. The following students are exempt from the basic skills examination requirement this section 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 “2022-2023 2021-2022 Basic Skills Licensure Exemption List,” which is incorporated by reference herein http://www.fldoe.org/core/fileparse.php/5652/urlt/2022-23-basicskills-with-License-exempt.rtf http://www.fldoe.org/core/fileparse.php/5652/urlt/2021-22-basicskills-with-License-exempt.rtf (http://www.flrules.org/Gateway/reference.asp?No=Ref-14184). 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) No change.

(e) A candidate entering a law enforcement officer basic recruit training program, if he or she is a veteran as defined in Section 1.01(14), F.S., or holds an associate degree or higher from an accredited college or university.

(9) Dual enrollment. Pursuant to paragraph (8)(b) of this rule, students enrolled in an eligible career education dual enrollment program under Section 1007.271, F.S., are exempt from the basic skills examination requirement if they have demonstrated readiness for postsecondary education in accordance with Rule 6A-10.0315, F.A.C. prior to admission into the career certificate program. Dual enrollment students who have not met this requirement must complete the basic skills examination, unless otherwise exempt.

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,

 

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 15, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 17, 2022