The purpose of this rule amendment is to establish scale scores for each Achievement Level for reporting student proficiency levels for the U.S. History End-of-Course (EOC) Assessment. These performance standards may be used for placement, promotion,...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.09422Florida Comprehensive Assessment Test and End-of-Course Assessment Requirements

PURPOSE AND EFFECT: The purpose of this rule amendment is to establish scale scores for each Achievement Level for reporting student proficiency levels for the U.S. History End-of-Course (EOC) Assessment. These performance standards may be used for placement, promotion, retention, and accountability purposes. In addition, pursuant to revisions to Section 1008.22, F.S., passed during the 2013 legislative session, the rule must be amended to designate passing scores for each Florida Comprehensive Assessment Test® 2.0 (FCAT 2.0) assessment and each Florida EOC Assessment. By establishing passing scores for EOC assessments, students will be able to use passing scores from the Biology 1 EOC Assessment and U.S. History EOC Assessment to achieve a high school diploma Scholar designation pursuant to Section 1003.4285, F.S. The revisions also clarify that the passing scores may be used to earn course credit under the Credit Acceleration Program (CAP) pursuant to Section 1003.4295, F.S.

SUMMARY: The purpose of the proposed rule amendment is to include U.S. History EOC Assessment scale scores for each Achievement Level for reporting student proficiency levels for the assessment and to establish passing scores for each assessment that is part of the student achievement testing programs known as the FCAT 2.0 and Florida EOC Assessments.

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 rule revisions relate only to establishing achievement levels for statewide K-12 assessments; therefore, there is no direct or immediate impact on economic growth, private sector job creation, or employment, or private sector investment. If there is any impact on such economic growth and private sector job creation, the impact would be positive because the establishment of rigorous, yet attainable assessment standards positively impacts student outcomes, which, in turn, positively impacts economic growth, private sector job creation, and employment. For the same reasons, no impact or positive impact on business competitiveness would be anticipated. Because the proposed rule relates only to the establishment of achievement levels for statutorily required statewide assessments, it is not likely to increase regulatory 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: 1001.02, 1008.22, 1008.25 FS.

LAW IMPLEMENTED: 1001.02, 1001.11, 1008.22, 1008.25 FS.

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

DATE AND TIME: January 21, 2014, 9:00 a.m.

PLACE: Miami Lakes Educational Center, 5780 NW 158th Street, Miami Lakes, Florida 33014

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vince Verges, Director of Assessment, Division of Accountability, Research, and Measurement, 325 W. Gaines Street, Suite 414, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.09422 Florida Comprehensive Assessment Test and End-of-Course Assessment Requirements.

(1) The statewide program of educational assessment required by Section 1008.22(3)(c), F.S., shall be developed under the direction and supervision of the Commissioner of Education and shall be:

(a) through (2) No change.

(3) The statewide assessment program shall be administered as follows:

(a) Before the 2010-2011 school year, all eligible students in grades three through ten shall take the FCAT Reading and Mathematics. Beginning with the 2010-2011 school year, all eligible students in grades three through ten shall take the FCAT 2.0 Reading, and all eligible students in grades three through eight shall take the FCAT 2.0 Mathematics. All eligible students in grades four, eight, and ten shall take the FCAT Writing. Eligible students are those who are not exempted from the assessment pursuant to Section 1008.212 1008.22(3)(c), F.S., and Rule 6A-6.0909, F.A.C.

(b) Before the 2011-2012 school year, all eligible students in grades five, eight, and eleven shall take the FCAT Science. Beginning with the 2011-2012 school year, all eligible students in grades five and eight shall take the FCAT 2.0 Science. Eligible students are those who are not exempted from the assessment pursuant to Section 1008.212 1008.22(3)(c), F.S.

(c) through (h) No change.

(i) In accordance with the requirements of Sections 1008.22(3)(a) and (b) 1008.25(4)(c), F.S., provisions shall be made by the Commissioner to retest students the following year if they do not attain passing scores on the assessments required for graduation minimum performance expectations and are retained.

(j) The assessments shall be administered to students not less than one (1) time per year on a schedule approved by the Commissioner; however, for assessments required for graduation with a standard high school diploma, students must participate in each retake of the assessment until achieving a passing score on the required assessment or a concordant or comparative score on an alternative assessment.

(4) through (6)(e) No change.

(f) The achievement levels for the United States History EOC Assessment shall be as shown in the following table.

United States History EOC Assessment scale scores (325 to 475) for each achievement level:

Level 1Level 2Level 3Level 4Level 5

325-377378-396397-416417-431432-475

(7) through (8) No change.

(9) Beginning with For students entering grade nine during the 2010-2011 school year and beyond, the passing score for all assessments required for high school graduation, a high school diploma scholar designation, or for course credit under the Credit Acceleration Program (CAP) under Section 1003.4295, F.S., shall be the minimum scale score in achievement level 3. Since a level 3 score is a satisfactory performance level pursuant to Section 1008.22(3)(e)1. (c)5., F.S., a level 3 score on an assessment that is a graduation requirement indicates that the student is on a pathway to college and career readiness.

(10) Beginning with the 2013-14 school year, passing scores shall be designated for each FCAT 2.0 and EOC assessment pursuant to Section 1008.22(3)(e)2., F.S. For FCAT 2.0 Reading, Mathematics, and Science, the passing score shall be the minimum scale score in achievement level 3. For FCAT 2.0 Writing, the passing score shall be a score of 3.5. For Algebra 1, Biology 1, Geometry, and United States History EOC Assessments, the passing score shall be the minimum scale score in achievement level 3.

(11)(10) The Commissioner of Education shall review student performance levels annually and recommend to the State Board of Education whether to maintain the existing passing scores and achievement levels or to increase one or more of the requirements.

(12)(11) The assessments shall be administered according to a schedule approved by the Commissioner.

(13)(12) Students with disabilities may be provided test modifications or accommodations in accordance with the provisions of Rule 6A-1.0943, FAC.

(14)(13) Invalidity of a section of this rule shall not invalidate the remainder of the rule.

Rulemaking Authority 1001.02, 1008.22, 1008.25 FS. Law Implemented 1001.02, 1001.11, 1008.22, 1008.25, 1008.33 FS. History–New 1-24-99, Amended 10-7-01, 1-22-02, 12-23-03, 3-27-06, 3-1-07, 2-25-09, 7-19-10, 2-12-12, 2-3-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Juan Copa, Deputy Commissioner, Accountability, Research, and Measurement

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 16, 2013