The purpose is to amend the current rule by eliminating the restriction on the allowed number of testing attempts for students, revising retest provisions, ensuring student privacy protection of Florida Postsecondary Education Readiness Test (P.E.R....

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.:RULE TITLE:
6A-10.0315College Preparatory Testing, Placement, and Instruction
PURPOSE AND EFFECT: The purpose is to amend the current rule by eliminating the restriction on the allowed number of testing attempts for students, revising retest provisions, ensuring student privacy protection of Florida Postsecondary Education Readiness Test (P.E.R.T.) records and scores, and recognizing the public high school transcript as an official record of P.E.R.T. scores. The effect is to accommodate the expanding uses of P.E.R.T. at the public high school level for demonstrating college readiness, for meeting initial eligibility for Dual Enrollment status, and for initial qualifying for Florida Gold Seal Vocational Scholarships; to ensure the protection of public student privacy rights; and to allow public high school transcripts to serve as official documents for P.E.R.T. scores. It also establishes policy for alternative remediation and retesting, as required in statute.
SUMMARY: Changes are proposed to: add the acronym, P.E.R.T.; establish the public high school transcript as an official record of P.E.R.T. scores; delete restrictions on the number of times a student can take P.E.R.T.; add language indicating that P.E.R.T. records and test scores are confidential educational records; and require “alternative remediation opportunities” be defined and included in a written Florida College System institution policy.
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: No provision in the proposed rule is anticipated to result in a regulatory cost. The use of the high school transcript as the official record of P.E.R.T. scores will result in substantial cost savings.
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, 1002.221, 1008.30 FS.
LAW IMPLEMENTED: 1002.221, 1008.30 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 21, 2013, 8:00 a.m.
PLACE: Duval County School Board Office, 1701 Prudential Drive, Jacksonville, 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 West Gaines Street, Room 1502, Tallahassee, FL 32399, [phone], [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-10.0315 College Preparatory Testing, Placement, and Instruction.

(1) For admissions, first-time-in-college degree seeking students and students who have not met college level competency either through the completion of developmental education requirements in the Florida College System or have not been awarded credit for college level coursework in the area of deficiency shall be tested for reading, writing, and mathematics proficiency prior to the completion of initial registration, using the Florida Postsecondary Education Readiness Test (P.E.R.T.). “Developmental education requirements” are the courses required when a student does not meet the college ready cut score. It is also referred to as remediation or preparatory instruction. Students earning scores less than those listed below shall enroll in college preparatory communication and computation instruction in the area of the deficiency:

(a) through (5) No change.

(6) Institutions affected by this rule shall accept the highest test scores on any of the tests or combination of tests identified in subsections (1) and (2) of this rule. Individual student scores shall be valid for two (2) years. Institutions shall accept P.E.R.T. scores on the public high school transcript as an official record of scores.

(7) Student P.E.R.T. records and test scores are confidential education records under Section 1002.221, Florida Statutes. Institutions are required to comply with Section 1002.221, Florida Statutes, in maintaining confidentiality of these records. A high school student has a maximum of two (2) attempts on the Florida Postsecondary Education Readiness Test.

(8) A degree seeking student at a Florida College System insitution has a maximum of two (2) attempts on the Florida Postsecondary Education Readiness Test or other test listed in subsection (2) of this rule. Requests for additional attempts must be approved by the college’s designated administrator per written Florida College System institution policy. Testing required pursuant to Section 1008.30(3), F.S., shall be exempted from the maximum number of attempts allowed under this subsection.

(8)(9) Prior to administering a retest, the test administrator must require documentation from the student that verifies alternative remediation has occurred since the prior attempt. Alternative remediation opportunities shall be identified, defined, and included in a written Florida College System institution policy.

(9)(10) During their first term, full-time students who are registered for at least twelve (12) credits, shall begin competency-based preparatory instruction based on the placement test results. Part-time students shall enroll prior to completing twelve (12) credits.

(10)(11) Students shall not enroll for more than three (3) attempts in each course to complete college preparatory instruction. Students who withdraw from a course under major extenuating circumstances may be granted an exception. Such exceptions require approval under guidelines established by the Florida College System institution the board of trustees.

(11)(12) The Commissioner shall report to the State Board of Education each year the results of the common placement testing.

Rulemaking Authority 1001.02(6), 1008.30(3) FS. Law Implemented 1001.02, 1008.30 FS. History–New 7-15-84, Amended 6-6-85, Formerly 6A-10.315, Amended 5-17-88, 7-25-91, 10-18-94, 8-28-95, 6-25-96, 3-28-00, 2-12-12, 8-21-12,__________.

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: April 8, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 13, 2013