The purpose and effect of this amendment is to conform/comply with statutory changes made to Section 1004.91, Florida Statutes, in the 2013 legislative session which clarifies the terminology of career-preparatory instruction, career and technical ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose and effect of this amendment is to conform/comply with statutory changes made to Section 1004.91, Florida Statutes, in the 2013 legislative session which clarifies the terminology of career-preparatory instruction, career and technical certificates and to clarify individuals eligible for exemptions.

SUMMARY: The State Board of Education is required by statute to adopt, by rule, standards of basic skill mastery for students completing certificate career education programs of 450 hours or more. Students enrolling in career and technical certificate programs must complete an entry-level exam within the first six weeks after admission to the program, and if necessary, the district or Florida college institution offering the program must provide basic skills instruction. The statute provides exemptions for students holding certain credentials. The changes will delete the College Placement Test (CPT) and the Multiple Assessment Placement Service (MAPS) and add two new assessment instruments, Wonderlic General Assessment of Instructional Needs (GAIN) and Postsecondary Education Readiness Test (PERT) that can be used for basic skills testing of Career and Technical Education students. The proposed rule lists exemptions from the basic skills testing.

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: This amendment clarifies to whom and when the test is administered and the outlines who is exempt from testing. The statute authorizes the State Board of Education to adopt, by rule, the standards of basic skill mastery for completion of certificate career education programs of more than 450 hours in length. Since basic skills testing is already being conducted, there would be no required new costs to local educational agencies. The PERT has already replaced the CPT in the college institutions, so no new costs are required. If districts choose to implement the new test, GAIN, they would have to bear the costs of the new tests.

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), 1004.91(1), 1007.271(3) FS.

LAW IMPLEMENTED: 1004.91 FS.

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

DATE AND TIME: April 11, 2014, 9:00 a.m.

PLACE: Betty Easley Conference Center, Capital Circle Office Center, 4075 Esplanade Way, Tallahassee, FL 32399

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) Students who are 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)(c) of this rule (English version only) are designated to assess student mastery of basic 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), 1992) 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), Complete Battery or Survey Form, Forms 9 and & 10, 2003;

(b) Postsecondary Education Readiness Test (P.E.R.T.) Florida College Entry-Level Placement Test or Multiple Assessment Placement Service (MAPS), where authorized;

(c) Wonderlic Basic Skills Test (WBST), 1994.

(d) Wonderlic General Assessment of Instructional Needs (GAIN), 2007, 2008.

(2) Scale scores corresponding to the Mminimum 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://www.fldoe.org/workforce/dwdframe/, by the Commissioner in the document entitled, “Career Education Program Courses Standards” shall be used to determine basic skills levels required for completion of the career and technical education program. Scale score comparison charts are available from the Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

(3) No change.

(4) After a student completes the remediation prescribed for basic skills deficiencies, the student shall be retested using an alternative form (if possible) of the same examination that was used for initial testing. No student shall be awarded a career and technical certificate of completion until the student achieves the minimum level of basic skills required for that program by the Department of Education. An aAdult students with a disability disabilities, as defined in Section 1004.02(6) and (7), Florida Statutes, may be exempted from meeting the career basic skills grade levels required for completion of the career and technical education program as described in subsection (2) of this rule. Each school district and Florida community college institution must adopt a policy addressing procedures for exempting eligible adults students with disabilities from the basic skills exit requirements as permitted in Section 1004.91(3), Florida Statutes.

(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. English Language Learners (ELL) as defined in Rule 6A-6.0901, F.A.C., Limited English Proficient students (LEP) 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) ELL LEP students must achieve the minimum grade level/scale score or higher on one of the designated tests in subsection (1) of this rule as required by the Department to be awarded a certificate of completion in a career program.

(6) No change.

(7) 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) Tests of Adult Basic Education Complete Language Assessment System – English (TABE CLAS-E), 2006 Adult Language Assessment Scales (A-LAS), 1991;

(b) Brigance Employability Skills, 1995;

(c) Brigance Transition Skills Inventory, 2010 Life Skills, 1994;

(d) through (j) No change.

(8) The following students are exempt from taking the initial basic skills assessment required in subsection (1) of this rule: Students who possess a college degree at the associate of applied science level or higher; who have completed or are exempt from the college-level communications and computations skills examination (CLAST) pursuant to Section 1008.29, Florida Statutes; who are exempt from the college entry-level examination pursuant to Section 1008.29, Florida Statutes; or who have passed a state, national, or industry licensure exam are exempt from this rule. 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) A student who possesses a college degree at the associate in applied science level or higher.

(b) A student who demonstrates readiness for public postsecondary education pursuant to Rule 6A-10.0315, F.A.C.

(c) A student who passes a state, national or industry certification or licensure examination effective July 1, 2014, that is identified in the list entitled “Basic Skills and Licensure Exemption List – 2014-2015” (insert link) (http://www.fldoe.org/workforce/dwdframe/rtf/2014-15-basicskills-with-License-exempt.rtf), which is incorporated by reference herein. The Basic Skills and 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 who is enrolled in an apprenticeship program that is registered with the Department of Education in accordance with Chapter 446, F.S.

Rulemaking Specific Authority 1001.02(1), 1004.91(1), 1007.271(3) 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,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rod Duckworth, Chancellor, Career and Adult Education

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 11, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 25, 2013