The purpose of this rule amendment is to update procedures related to the administration of statewide assessments for students with disabilities, revise criteria related to participation in statewide alternate assessment, and establish procedures ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-1.0943: Statewide Assessment for Students with Disabilities
PURPOSE AND EFFECT: The purpose of this rule amendment is to update procedures related to the administration of statewide assessments for students with disabilities, revise criteria related to participation in statewide alternate assessment, and establish procedures for exemption from participation in the statewide assessment when extraordinary circumstances occur. Consistent with current rule requirements, the proposed rule establishes that students with disabilities will participate in the statewide assessment without accommodations unless the individual educational team or team that develops the plan required under Section 504 of the Rehabilitation Act determines and documents that accommodations are needed for participation in the statewide assessment based on accommodations the student has received during instruction. The proposed rule deletes references to specific types of accommodations (e.g. enlarging text, Braille, use of calculators) and instead states that allowable accommodations are those included in the state test administration manuals published by the Department of Education. The proposed rule retains language permitting the use of unique accommodations not included in the statewide test administration manuals upon approval of the Commissioner of Education. The proposed rule includes new language with regard to the provision of testing accommodations for students with disabilities who participate in the statewide assessment but are not currently enrolled in public school. The proposed rule revises previously included language with regard to criteria for determining when participation in the statewide alternate assessment is appropriate for a student. The new criteria provide greater specificity than the current criteria. The proposed rule adds language permitting a special exemption from participation in the statewide assessment under extraordinary circumstances. Currently, Rule 6A-1.09431, F.A.C., permits a special exemption from the graduation test requirement in extraordinary circumstances. The proposed rule will provide for an exemption from the statewide assessment at any grade level in the event of an extraordinary circumstance. Extraordinary circumstances are defined as events or conditions that prevent the student from physically demonstrating the mastery of skills that are measured by the statewide assessment. The special exemption must be approved by the Commissioner of Education and procedures for submission of such a request are stipulated in the proposed rule. The proposed rule deletes sections of the current rule that are unnecessary as the authority is established through other statutes or rules. This includes requirements related to including test scores of students with disabilities in the state accountability system and exemptions from the assessment required for graduation.
The effect of these amendments will be a rule that reflects current statutory citations, updated assessment procedures, more specific criteria for use by district staff to determine students for whom the alternate assessment is the appropriate statewide assessment, and specific procedures to exempt a student from participation in statewide assessment in the event of an extraordinary circumstance.
SUMMARY: The rule establishes requirements and procedures related to participation in statewide assessment for students with disabilities to include the provision of accommodations, criteria for determining participation in the statewide alternate assessment, and procedures for requesting a special exemption from the Commissioner of Education for participation in the statewide assessment when extraordinary circumstances occur. The rule shall take effect on July 1, 2010.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: None.
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.
SPECIFIC AUTHORITY: 1003.428(5), 1003.43(8), 1003.571, 1008.22(3), (11) FS.
LAW IMPLEMENTED: 1003.428(5), 1003.43(8), 1003.571, 1008.22(3), (11) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 16, 2010, 9:00 a.m.
PLACE: Tallahassee Community College, 444 Appleyard Drive, Building 38, Room 105, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bambi J. Lockman, Chief, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Suite 614, Tallahassee, Florida 32399; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 6A-1.0943 follows. See Florida Administrative Code for present text.)

6A-1.0943 Statewide Assessment for Students with Disabilities.

(1) The Department of Education shall assure the participation of students with disabilities as defined by Section 1003.01(3)(a), Florida Statutes, or subsection 6A-19.001(6), F.A.C., in the statewide assessment program and provide technical assistance to school districts in the implementation of the requirements of this rule including appropriate accommodations for students participating in the statewide assessment program as required by Sections 1008.22(3)(c)6., 1003.428(5) and 1003.43(8), Florida Statutes.

(2) All students with disabilities will participate in the statewide assessment program based on state standards, pursuant to Rule 6A-1.09401, F.A.C., without accommodations unless:

(a) The individual educational plan (IEP) team, or the team that develops the plan required under Section 504 of the Rehabilitation Act, determines and documents that the student requires allowable accommodations during instruction and for participation in a statewide assessment; or

(b) The IEP team determines that a student with a significant cognitive disability meets the criteria for participating in the statewide alternate assessment under subsection (4) of this rule.

(3) Provision of accommodations for students with disabilities participating in the statewide assessment program.

(a) Each school board shall utilize appropriate and allowable accommodations for statewide assessments within the limits prescribed herein and current statewide assessment test administration manuals published by the Florida Department of Education Bureau of Assessment and School Performance, and Bureau of Exceptional Education and Student Services. Copies of the manuals are available by contacting the Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. Accommodations are defined as adjustments to the presentation of the statewide assessment questions, methods of recording examinee responses to the questions, scheduling for the administration of a statewide assessment to include amount of time for administration, settings for administration of a statewide assessment, and/or the use of assistive technology/devices to facilitate the student’s participation in a statewide assessment. Accommodations that negate the validity of a statewide assessment are not allowable. Within the limits specified in this rule, allowable statewide assessment accommodations are based on current instructional accommodations and accessible instructional materials used by the student in the classroom.

(b) The accommodations described in paragraph (3)(a) of this rule are authorized for any student who has been determined to be an eligible student with a disability pursuant to Section 1003.01(3)(a), Florida Statutes, and Rule 6A-6.0331, F.A.C., and has a current IEP, or who has been determined to be a student with a disability pursuant to subsection 6A-19.001(6), F.A.C. The accommodations must be identified on the student’s IEP or the plan developed under Section 504 of the Rehabilitation Act.

(c) The need for any unique accommodations for use on a statewide assessment not outlined in the statewide assessment test administration manuals published by the Florida Department of Education as described in paragraph (3)(a) of this rule must be submitted to the Department of Education for approval by the Commissioner of Education.

(d) District personnel are required to implement the accommodations in a manner that ensures that the test responses are the independent work of the student. Personnel are prohibited from assisting a student in determining how the student will respond or directing or leading the student to a particular response. In no case shall the accommodations authorized herein be interpreted or construed as an authorization to provide a student with assistance in determining the answer to any test item.

(e) Students with disabilities who are not currently enrolled in public schools or receiving services through public school programs and require accommodations in order to participate in the statewide assessment program may have access to accommodations identified in paragraph (3)(a) of this rule if the following information is provided:

1. Evidence that the student has been found eligible as a student with a disability as defined by Section 1003.01(3)(a), Florida Statutes, or subsection 6A-19.001(6), F.A.C.; and,

2. Documentation that the requested accommodations are regularly used for instruction.

(4) Participation in the statewide alternate assessment. The decision that a student with a significant cognitive disability will participate in the statewide alternate assessment is made by the IEP team and recorded on the IEP. The following criteria must be met:

(a) The student is unable to master the grade-level general state content standards pursuant to Rule 6A-1.09401, F.A.C., even with appropriate and allowable instructional accommodations, assistive technology, or accessible instructional materials;

(b) The student is participating in a curriculum based on the state standards access points, pursuant to Rule 6A-1.09401, F.A.C., for all academic areas; and

(c) The student requires direct instruction in academics based on access points, pursuant to Rule 6A-1.09401, F.A.C., in order to acquire, generalize, and transfer skills across settings.

(5) Pursuant to Section 1008.22(3)(c)6., Florida Statutes, upon approval of the Commissioner, a student with a disability, as defined in Section 1003.01(3)(a), Florida Statutes, is eligible for consideration of a special exemption from participation in statewide assessments, including the alternate assessment, under extraordinary circumstances. Extraordinary circumstances are events or conditions that prevent the student from physically demonstrating the mastery of skills that have been acquired and are measured by statewide assessments. A learning, emotional, behavioral, or significant cognitive disability or the receipt of services through the homebound or hospitalized program in accordance with Rule 6A-6.03020, F.A.C., does not, in and of itself, constitute an extraordinary circumstance. Extraordinary circumstances are physical conditions that affect a student’s ability to communicate in modes deemed acceptable for statewide assessments, creating a situation where the results of administration of a statewide assessment would reflect a student’s impaired sensory, manual, or speaking skills rather than the student’s achievement. A request for consideration of this special exemption must be submitted to the Commissioner in writing from the district school superintendent no later than thirty (30) school days prior to the assessment administration window. Attached documentation shall include:

(a) Written description of the student’s disabling condition, including a specific description of the student’s impaired sensory, manual or speaking skills and the extraordinary circumstances for the exemption request;

(b) Written documentation of the most recent evaluation data;

(c) Written description of the disability’s effect on the student’s achievement;

(d) Written evidence that the student has had the opportunity to learn the skills being tested; and,

(e) Written evidence that the manifestation of the student’s disability prohibits the student from responding to the statewide assessment, even when appropriate accommodations are provided so that the result of the testing reflects the student’s impaired sensory, manual, or speaking skills rather than the student’s achievement.

The Commissioner shall determine whether the exemption will be granted based upon the documentation provided by the district school superintendent. A request for the determination of a special exemption must be submitted annually and approved by the Commissioner.

(6) This rule will become effective on July 1, 2010.

Rulemaking Specific Authority 1008.22(3), 1003.428(5), 1003.43(8), 1003.571 229.57, 232.246 FS. Law Implemented 1008.22(3), 1003,428(5), 1003.43(8), 1003.571 229.57 FS. History–New 9-12-78, Amended 3-4-84, Formerly 6A-1.943, Amended 6-12-90, 9-17-01, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Frances Haithcock, Chancellor, K-12 Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 29, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 14, 2009