The purpose of this rule amendment is to implement the following changes to the K-12 Student Reading Intervention Requirements: (1) Add specific progress monitoring requirement for elementary students, (2) Update the reference from Florida ...

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-6.054K-12 Student Reading Intervention Requirements
PURPOSE AND EFFECT: The purpose of this rule amendment is to implement the following changes to the K-12
Student Reading Intervention Requirements: (1) Add specific progress monitoring requirement for elementary students, (2) Update the reference from Florida Comprehensive Assessment Test (FCAT) to FCAT 2.0 Reading, and (3) Add two courses that may be used for reading intervention for high school students.
SUMMARY: The rule as amended adds a specific progress monitoring requirement for elementary students, updates the reference from Florida Comprehensive Assessment Test (FCAT) to FCAT 2.0 Reading, and adds two courses that may be used for reading intervention for high school students.
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: There is no additional cost. Districts may use the Florida Assessment for Instruction in Reading (FAIR)/Progress Monitoring and Reporting Network (PMRN).
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, 1001.215, 1003.416, 1003.428, 1008.25 FS.
LAW IMPLEMENTED: 1001.215, 1003.4156, 1003.428, 1008.25 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 16, 2013, 8:00 a.m.
PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Jane Tappen, Deputy Chancellor for Curriculum, Instruction and Student Services, Department of Education, 325 W. Gaines Street, Suite 1502, Tallahassee, FL 32399, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.054 K-12 Student Reading Intervention Requirements.

(1) Elementary Assessment, Curriculum, and Instruction.

(a) Pursuant to Section 1008.25, F.S., any elementary student who exhibits a substantial deficiency in reading based upon locally determined assessments, statewide assessments, or through teacher observations must be given intensive reading instruction immediately following the identification of the reading deficiency. For elementary students not participating in the statewide reading assessment, substantial deficiency in reading must be defined by the district school board. For students required to participate in the statewide assessment, a substantial deficiency in reading is defined by scoring Level 1 or Level 2 on the Florida Comprehensive Assessment Test 2.0 (FCAT 2.0) in Reading. Students who exhibit a substantial deficiency in reading must be provided with additional diagnostic assessments to determine the nature of the student’s difficulty, the areas of academic need, and strategies for appropriate intervention and instruction. Schools must progress monitor students with a reading deficiency a minimum of three (3) times per year.  This includes a baseline, midyear, and an end of the year assessment.

(b) Immediate intensive intervention must be provided daily for all students who have been identified with a reading deficiency. This intervention must be in addition to or as an extension of the ninety (90) minute reading block in a smaller group size setting or one on one. The student must continue to be provided with intensive reading instruction until the reading deficiency is remedied.

(2) Middle School Assessment, Curriculum, and Instruction.

(a) Pursuant to Section 1003.4156, F.S., middle school students who score at Level 1 on FCAT 2.0 Reading are required to complete an intensive reading course. Those students who score at Level 2 must be placed in an intensive reading course or a content area reading intervention course.

(b) Middle school students who score at Level 1 or Level 2 on FCAT 2.0 Reading and have intervention needs in the areas of decoding and/or text reading efficiency must have extended time for reading intervention. This extended time may include, but is not limited to, students reading on a regular basis before and afterschool with teacher support, or for students two or more years below grade level a double block of reading to accelerate foundational reading skills. The teacher must have the Reading Endorsement or Certification in Reading (Grades K-12). Teachers of sixth grade students may be certified in Elementary Education. In addition, these students must be served by teachers with evidence of success, as determined by the district. Classroom infrastructure (class size, materials, etc.) must be adequate to implement the intervention course. This intervention course should include on a daily basis:

1. Whole group explicit instruction;

2. Small group differentiated instruction;

3. Independent reading practice, utilizing classroom library materials, monitored by the teacher;

4. Integration of Next Generation Sunshine State Standard (NGSSS) benchmarks specific to the subject area if blocked with the intensive reading course (biology, world history, etc.);

5. A focus on informational text at a ratio matching FCAT 2.0 Reading; and

6. Opportunities for accelerated achievement in order to facilitate efficient reading and deeper understanding of grade level texts.

(c) Districts must establish criteria beyond FCAT 2.0 Reading for placing students into different levels of intensity for reading intervention classes to meet individual instructional needs of students. Districts must determine if students have an instructional need in decoding and text reading efficiency through the use of assessments and must identify benchmark criteria for placement of students requiring additional instructional time in reading intervention. Examples include data from screenings, progress monitoring and diagnostic assessments already in use in the district, as well as teacher recommendation. Schools must diagnose specific reading deficiencies of students scoring at Level 1 and Level 2 on FCAT 2.0 Reading.

(d) Districts may serve Level 2 students who do not need instruction in decoding and text reading efficiency in content area classes through a content area reading intervention. Teachers of these classes must complete the one hundred fifty (150) hour Content Area Reading Professional Development (CAR-PD) package, have the Reading Endorsement or Certification in Reading (Grades K-12), or complete the Next Generation Content Area Reading Professional Development (NGCAR-PD). In addition, these students must be served by teachers with evidence of success, as determined by the district. Classroom infrastructure (class size, materials, etc.) must be adequate to implement the content area reading intervention course. This intervention course should include on a daily basis:

1. Whole group explicit instruction;

2. Small group differentiated instruction;

3. Independent reading practice, utilizing classroom library materials, monitored by the teacher;

4. Integration of NGSSS benchmarks specific to the subject area (biology, world history, etc.);

5. A focus on informational text at a ratio matching FCAT 2.0 Reading; and

6. Opportunities for accelerated achievement in order to facilitate deep understanding of reading of grade level texts.

(e) Schools must progress monitor students scoring at Level 1 and 2 on FCAT 2.0 Reading a minimum of three (3) times per year. This includes a baseline, midyear, and an end of the year assessment.

(f) End-of-year assessments should be used to determine specific areas of student reading difficulty and reading intervention placement.

(g) One of the following courses as listed in the Course Code Directory incorporated in Rule 6A-1.09441, F.A.C., must be used to provide reading intervention to all middle school Level 1 students and those Level 2 students not being served through a content area reading intervention course (all courses require Reading Endorsement or Certification in Reading (Grades K-12):

1. 1000000 M/J INTENSIVE LANGUAGE ARTS

2. 1000010 M/J INTENSIVE READING

3. 1000020 M/J INTENSIVE READING & CAREER PLANNING

4. 1002181 M/J DEVELOPMENTAL LANGUAGE ARTS THROUGH ESOL (Reading)

5. 7810020 READING: 6-8

(3) High School Assessment, Curriculum, and Instruction.

(a) Pursuant to Section 1003.428, F.S., high school students who score at Level 1 on FCAT 2.0 Reading are required to complete an intensive reading course. Those students who score at Level 2 must be placed in an intensive reading course or a content area reading intervention course.

(b) High school students who score at Level 1 or Level 2 on FCAT 2.0 Reading and who have intervention needs in the areas of decoding and/or text reading efficiency must have extended time for reading intervention. This extended time may include, but is not limited to, students reading on a regular basis before and afterschool with teacher support, or for students two or more years below grade level a double block of reading to accelerate foundational reading skills. The teacher must have the Reading Endorsement or Certification in Reading (Grades K-12). In addition, these students must be served by teachers with evidence of success, as determined by the district. Classroom infrastructure (class size, materials, etc.) must be adequate to implement the intervention course. This reading intervention course should include on a daily basis:

1. Whole group explicit instruction;

2. Small group differentiated instruction;

3. Independent reading practice, utilizing classroom library materials, monitored by the teacher;

4. Integration of NGSSS benchmarks specific to the subject area if blocked with the intensive reading course (biology, world history, etc.);

5. A focus on informational text at a ratio matching FCAT 2.0 Reading; and

6. Opportunities for accelerated achievement in order to facilitate efficient reading and deeper understanding of grade level texts.

(c) Districts must establish criteria beyond FCAT 2.0 Reading for placing students into different levels of intensity for reading intervention classes to meet individual instructional needs of students. Districts must determine if students have an instructional need in decoding and text reading efficiency through the use of assessments and identify benchmark criteria for placement of students requiring additional instructional time in reading intervention. Examples include data from screenings, progress monitoring and diagnostic assessments already in use in the district, as well as teacher recommendation. Schools must diagnose specific reading deficiencies of students scoring at Level 1 and Level 2 on FCAT 2.0 Reading.

(d) Districts may serve Level 2 students who do not need instruction in decoding and text reading efficiency in content area classes through a content area reading intervention. Teachers of these classes must complete the 150 hour Content Area Reading Professional Development (CAR-PD) package, have the Reading Endorsement or Certification in Reading (Grades K-12), or complete the Next Generation Content Area Reading Professional Development (NGCAR-PD). In addition, these students must be served by teachers with evidence of success, as determined by the district. Classroom infrastructure (class size, materials, etc.) should be adequate to implement the content area reading intervention course. This intervention course should include on a daily basis:

1. Whole group explicit instruction;

2. Small group differentiated instruction;

3. Independent reading practice, utilizing classroom library materials, monitored by the teacher;

4. Integration of NGSSS benchmarks specific to the subject area (biology, world history, etc.);

5. A focus on informational text at a ratio matching FCAT 2.0 Reading; and

6. Opportunities for accelerated achievement in order to facilitate deep understanding of reading of grade level texts.

(e) Passing scores on FCAT 2.0 Reading and concordant scores on other assessments may not be used to exempt students from required intervention. In lieu of the provisions listed above, students in grades 11 and 12 who have met the graduation requirement with a Level 2 score on FCAT 2.0 Reading may be served through reading courses, content area courses without a specific professional development requirement, or before or after school.

(f) Schools must progress monitor students scoring at Level 1 and 2 on FCAT 2.0 Reading a minimum of three (3) times per year. This includes a baseline, midyear, and an end of the year assessment.

(g) End-of-year assessments should be used to determine specific areas of student reading difficulty and reading intervention placement.

(h) One of the following courses as listed in the Course Code Directory incorporated in Rule 6A-1.09441, F.A.C., must be used to provide reading intervention to all high school Level 1 students and those Level 2 students not being served through a content area reading intervention course (all courses require Reading Endorsement or Certification in Reading (Grades K-12) with the exception of 1001405 ENGLISH 4:  FLORIDA COLLEGE PREP:

1. 1000400 INTENSIVE LANGUAGE ARTS

2. 1000410 INTENSIVE READING

3. 7910100 READING: 9-12

4. 1002381 DEVELOPMENTAL LANGUAGE ARTS THROUGH ESOL (Reading)

5. 7910400 LIFE SKILLS READING: 9-12

6. 1008350 READING FOR COLLEGE SUCCESS (For 11th and 12th grade students only)

7. 1001405 ENGLISH 4: FLORIDA COLLEGE PREP (For 12th grade students scoring at Level 2 on FCAT 2.0 Reading only)

Rulemaking Authority 1001.02(2), 1003.4156, 1003.428, 1008.25 FS. Law Implemented 1001.215, 1008.25, 1003.4156, 1003.428 FS. History–New 5-19-08, Amended 4-21-11,__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, Division of Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tony Bennett, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 14, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 15, 2013