To adopt the 2021-2022 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 SB 366 which amended multiple ....

 

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 2021-2022 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 SB 366 which amended multiple Florida Statutes to allow FCS institutions to use alternative methods for placement in lieu of common placement tests. That rule, 6A-10.0315, which is referenced in this rule, was approved by the State Board of Education in February.

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 2021-2022 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: The proposed rule is not expected to have any adverse effect on economic growth, business competitiveness, or any of the other forth in section 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(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: March 30, 2022, 9:00 a.m.

PLACE: Collier County School Board Office, 5775 Osceola Trail, Naples, FL 34109.

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 postsecondary program offered for career education credit of 450 hours or more shall complete an entry-level basic skills examination within the first six (6) weeks after admission into the program. The assessment instruments listed in paragraphs (1)(a) through (1)(d), of this rule, (English version only) are designated to assess student mastery of basic communication (reading language arts) and computation (mathematics) skills and 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) Tests of Adult Basic Education (TABE), Forms 11 and 12, 2017;

(b) Demonstration of basic communication and computation skills A common placement test where a minimum score has been achieved pursuant to Rule 6A-10.0315, F.A.C.;

(c) Comprehensive Adult Student Assessment System (CASAS), GOALS 900 Series, 2019;

(d) 2014 GED® Tests: Reasoning through Language Arts and Mathematical Reasoning where a minimum score as required in Rule 6A-6.0201, F.A.C., has been attained on each test.

(2) through (7) No change.

(8) The following students are exempt from 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 “2021-2022 2020-2021 Basic Skills Licensure Exemption List,” which is incorporated by reference herein http://www.fldoe.org/core/fileparse.php/5652/urlt/2021-222020-21-basicskills-with-License-exempt.rtf (http://www.flrules.org/Gateway/reference.asp?No=Ref-12693). 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) An adult student enrolled in an apprenticeship program that is registered with the Department of Education in accordance with Chapter 446, F.S.

Rulemaking Authority 1001.02(1), 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,

 

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: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 22, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 8, 2022