The purpose of the rule amendment is to add purpose, definitions and enrollment criteria for individual programs. The amendment also removes Forms 11 and 12 from the Tests of Adult Basic Education to align with the naming ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.014General Requirements for Adult General Education Program

PURPOSE AND EFFECT: The purpose of the rule amendment is to add purpose, definitions and enrollment criteria for individual programs. The amendment also removes Forms 11 and 12 from the Tests of Adult Basic Education to align with the naming of other assessments listed in the rule. Additionally, the amendment includes ACT WorkKeys Applied Math and ACT WorkKeys Workplace Documents as approved assessments and removes outdated language referencing assessments used for diagnosing students with disabilities. Furthermore, it eliminates references to Literacy Completion Points and replaces them with Measurable Skill Gains.

SUMMARY: The rule amendment establishes enrollment criteria for specific programs, updates assessment references by removing outdated Forms 11 and 12 from the Tests of Adult Basic Education, and adds ACT WorkKeys Applied Math and Workplace Documents as approved assessments. It also removes obsolete language related to disability assessments and replaces references to Literacy Completion Points with Measurable Skill Gains.

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 is not expected to have any adverse impact on economic growth or business competitiveness, increase regulatory costs, or any other factor set forth in s. 120.541(2), F.S., and will not require legislative ratification. This is based on the nature of the rule and prior experience with these requirements, the rule removes outdated practices and clarifies program-specific enrollment criteria, which is not expected to impact the factors in section 120.541, F.S.

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), 1004.93(9), 1011.80(12), F.S.

LAW IMPLEMENTED: 1004.93, 1011.80, F.S.

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

DATE AND TIME: January 15, 2025, 9 a.m. CST.

PLACE: Destin High School, 4325 Commons Dr. W., Destin, FL 32541.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Carol Bruner, Chief, Adult Education, Division of Career and Adult Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400

Phone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.014 General Requirements for Adult General Education Program.

In the operation of adult general education programs, the following general requirements shall apply:

(1) Purpose. The purpose of this rule is to set forth requirements for adult general education programs operated by school districts, community-based organizations and Florida College System institutions, including enrollment critieria, determination of educational functioning levels and measurable skills gains for adult education students.

(2) Definitions.

(a) “Adult general education” means comprehensive instructional programs designed to improve the employability of the state’s workforce through adult basic education, adult secondary education, English for Speakers of Other Languages (ESOL), applied academics for adult education instruction and instruction for adults with disabilities, as defined in Section 1004.02(3), F.S.

(b) “Basic skills” means reasoning through language arts, mathematics, English language acquisition or other foundational educational areas that enable someone to obtain employment or succeed in postsecondary education. To be deficient in basic skills means that a student is below a secondary school level in one or more areas.

(c) “Educational functional level” or “EFL” is a measurement of the academic progress of adult education students based on National Reporting System-approved assessments. There are twelve levels, each describing the academic skills that an adult should be able to perform: 6 levels for Adult Basic Education (ABE) and 6 levels for English Speakers of Other Languages (ESOL).

(d) “National Reporting System for Adult Education” or “NRS” is the accountability system for the federally funded adult education program, required by Section 212 of the Workforce Innovation and Opportunity Act (WIOA).

(e) “Occupational completion points” or “OCPs” means the skills or competencies that qualify a person to enter an occupation that is linked to a career and technical education program, as defined in Section 1004.02(21), F.S., which are identified in each postsecondary career certification and applied technology diploma framework in Rule 6A-6.0571, F.A.C.

(3)(1) No change.

(2) Enrollment. Enrollment shall be limited to individuals who have legally left the elementary or the secondary school as specified in Section 1003.21(1)(c), F.S.; provided, however, that the high school may enroll individual students of compulsory school age who are at risk of not graduating with their 9th grade cohort to one (1) or more courses that are required for high school graduation and are offered in the established adult high school co-enrollment program as specified in Section 1011.80(10), F.S., where such students can more effectively be served by the adult high school program.

(4) Enrollment Criteria (General). For all adult general education programs, other than the Adult High School Co-Enrolled Program described in paragraph (5)(f), students must meet the following criteria prior to enrollment:

(a) Be at least 16 years of age; and

(b) Have filed a formal declaration of intent to terminate school enrollment pursuant to Section 1003.21(1)(c), F.S., or for home education students, have filed a written notice of termination of their home education program with the district superintendent pursuant to Section 1002.41(1)(c), F.S.

(5) Enrollment Criteria (Program Specific). In addition to the general age and school termination requirements set forth in subsection (4) of this rule, students enrolling in adult general education must also meet the following minimum requirements specific to their program(s) of enrollment:

(a) Adult Basic Education (ABE) Program. To enroll in ABE, students must:

1. Have pre-tested at an Educational Functioning Level (EFL) of level 1-4 on one of the assessments listed in paragraph (7)(b) of this rule; and,

2. Be deficient in basic skills or have not earned a high school diploma or a high school equivalency diploma.

(b) GED Preparation Program. To enroll in GED Preparation, students must:

1. Have not earned a high school diploma or a high school equivalency diploma; and

2. Have pre-tested at an EFL of level 5-6 on one of the assessments listed in paragraph (7)(b) of this rule.

(c) Academic Skills Building. To enroll in Academic Skills Building, students must:

1. Need remediation in basic skills to pursue postsecondary education or to enter the workforce; and

2. Have pre-tested at an EFL of level 5-6 on one of the assessments listed in paragraph (7)(b) of this rule.

(d) English Speakers of Other Languages (ESOL) Program. To enroll in ESOL, students must:

1. Be deficient in basic skills; and

2. Have pre-tested at an EFL of level 1-6 on one of the assessments listed in paragraph (7)(c) of this rule.

(e) Adult High School (AHS) Program. To enroll in AHS, students must not have earned a high school diploma or a high school equivalency diploma. Currently enrolled K-12 students may not be withdrawn from their public schools in order to enroll in a adult high school program during a summer break in public school enrollment.

(f) Adult High School Co-Enrolled Program. School districts or Florida College System institutions with current enrollment in an adult high school program may offer adult high school courses to currently enrolled public school students. Currently enrolled public school students may only be enrolled if they satisfy the following criteria:

1. Require credit recovery due to a deficiency in one or more high school credits required for graduation, which impacts their ability to graduate on-time with their cohort; and,

2. Do not have a pattern of excessive absenteeism or habitual truancy or a history of disruptive behavior in school. School districts and Florida College Systems must have policies for enrollment related to excessive absenteeism and disruptive behavior and must submit a copy of of those policies to the Department of Education by July 1 of each academic year. Policies must be submitted to [e-mail].

(6)(3) No change.

(7)(4)Academic skills tests for adults enrolled in ABE, GED® Preparation, ASB and ESOL.

(a) Requirements for pre- and post-tests for adult general education students are as follows:

1. All newly enrolled students must be pre-tested to determine EFL educational functioning within the first twelve (12) hours of instruction.

2. through 3. No change.

4. Students completing the required course work to earn their the adult high school diploma or earning the State of Florida High School Equivalency Diploma in accordance with Rule 6A-6.0201, F.A.C., are not required to post-test upon earning this credential.

(b) The following tests, English language versions only, are approved to pre-test students to determine initial educational functioning level and to post-test for documentation of measurable skills gains of a student enrolled in the ABE, GED or ASB adult general education program. The tests shall be used with appropriate accommodations for students with disabilities as specified in Section 1004.02(6), F.S., and with necessary accommodations for English Language Learners.

1. Tests of Adult Basic Education (TABE), Complete Battery or Survey Form, Forms 9 & 10 (expires December 31, 2018);

1. 2. Tests of Adult Basic Education (TABE) Forms 11 & 12;

2. 3. No change.

3. ACT WorkKeys Applied Math;

4. ACT WorkKeys Workplace Documents.

(c) The following tests, English language versions only, are approved to pre-test students to determine initial educational functioning level and to post-test for documentation of measurable skills gains of a student enrolled in the adult English for Speakers of Other Languages program and shall be used with appropriate accommodations for students with disabilities, as specified in Section 1004.02(6), F.S., and with the necessary accommodations for English Language Learners.

1. through 4. No change.

(d) If an adult student has a documented disability and the instruments in paragraphs (4)(b) and (c), of this rule, with accommodations are not an accurate measure of the student’s ability, one of the following tests may be used for diagnostic purposes but is not approved as a pre-test or post-test in an adult general education program:

1. Brigance Employability Skills;

2. Brigance Life Skills;

3. Comprehensive Test of Adaptive Behaviors (CTAB);

4. Comprehensive Adult Student Assessment (CASAS), or

5. Kaufman Functional Adult Student Assessment System (K-FAST).

(e) If an adult student has a documented disability and the instruments listed in this rule are not an accurate measure of the student’s ability, documentation must be kept showing an attempt was made to assess the student, and the results of this attempt should be kept in the student’s record for audit purposes.

(8)(5) Student progress will be measured by attainment of Measurable Skill Gains (MSGs) progression through Literacy Completion Points (LCPs) using one or more of the following:

(a) EFL Gain; Grade level and scale score improvements measured by an approved test.

1. Documented achievement of at least one EFL in reading, writing, speaking and listening and functional areas, as measured by an NRS approved assessment listed in subsection (7) of this rule.

2. Earning the requisite number of credits to advance from ABE Level 5 to ABE Level 6 based on the student’s selected diploma option in AHS, as described below:

a. 24-credit diploma option. Students documented at ABE Level 5 have earned from 0-12 high school credits toward a traditional 24 credit diploma. Students who reach or complete ABE Level 6 must earn 13-24 credits toward a 24-credit diploma.

b. 18-credit diploma option. Students documented at ABE Level 5 have earned from 0-9 high school credits toward a Academically Challenging Curriculum to Enhance Learning (ACCEL) 18-credit diploma. Students who reach or complete ABE Level 6 10-18 credits toward the 18-credit ACCEL option.

3. Enrollment in a postsecondary educational or training program during the program year; and

4. Passage of a subtest of the state of Florida approved high school equivalency examination, the 2014 GED® Test.

(b) No change.

(c) Earning at least 360 clock hours or 12 credit hours in an approved CTE post-secondary program of enrollment within the program year (July 1 –June 30);

(d) Demonstration of progress toward milestones as follows:

1. Full program completion of a registered preapprenticeship program, as defined in Rule 6A-23.010, F.A.C.; or

2. Earning an occupational completion point (OCP).

(e) Passage of an industry certification credential examination on the Master Credentials List, adopted in Rule 6A-6.0576, F.A.C., or on the Perkins V Industry Recognized Credential List, available at https://www.fldoe.org/academics/career-adult-edu/research-evaluation/perkins.stml.

Rulemaking Authority 1001.02(1),(2)(n), 1004.93(9), 1011.80(12)(11) FS. Law Implemented 1004.93, 1011.80 FS. History–New 2-20-64, Amended 4-11-70, 11-17-73, 2-18-74, 6-17-74, Repromulgated 12-5-74, Amended 12-6-84, Formerly 6A-6.14, Amended 12-28-86, 10-17-89, 12-29-98, 4-26-06, 9-19-07, 8-18-09, 2-1-11, 4-1-15, 2-20-18,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Carol Bruner, Chief, Adult Education, Division of Career and Adult Education

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 18, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 22, 2024