Align the rule to Florida Statutes based on revisions made to section 1008.25, F.S., in House Bill 7069.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.094221Alternative Standardized Reading Assessment and Use of Student Portfolio for Good Cause Promotion

PURPOSE AND EFFECT: Align the rule to Florida Statutes based on revisions made to section 1008.25, F.S., in House Bill 7069.

SUMMARY: The rule gives the criteria for school districts, administrators and parents to use when a third-grade student identified for retention may be promoted to fourth grade using an alternative assessment or the third-grade student portfolio. Criteria is determined through an analysis conducted by the Department of Education. Also included in the rule are criteria for the third-grade student portfolio, specifically, who may select items to be included in the portfolio, assurance that the items are appropriate and demonstrate the students ability to perform successfully on third grade standards. The portfolio must contain a percentage of informational and literary text and be signed by the student’s teacher and principal.

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 would be no economic impact from this amendment and the adverse impact or regulatory cost, if any, does not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.

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: 1008.25(9), Florida Statutes.

LAW IMPLEMENTED: 1008.25(6), Florida Statutes.

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

DATE AND TIME: May 20, 2016, 9:00 a.m.

PLACE: DoubleTree by Hilton, 5780 Major Blvd., Orlando, Florida 32819

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Myhre, Executive Director, Just Read, Florida!, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.094221 Alternative Standardized Reading Assessment and Use of Student Portfolio for Good Cause Promotion.

(1) Pursuant to Section 1008.25(6), F.S., relating to the statewide public school student progression law eliminating social promotion, students who score at Level 1 on the gGrade three 3 statewide English Language Arts Florida Standards Aassessment may be promoted to grade four if the student:

(a) Scores at or above the 45th percentile on the Reading SAT-10;

(b) Demonstrates an acceptable level of performance on an alternative standardized reading assessment approved pursuant to subsection (2) of this rule; or

(c) Demonstrates reading on grade level as evidenced through mastery of the Language Arts Florida Standards in reading equal to at least Level 2 performance on the gGrade three 3 statewide English Language Arts Florida Standards Aassessment through a student portfolio pursuant to subsection (3) of this rule.

(2) The Department of Education shall review and approve the use of alternative standardized reading assessments to be used as a good cause exemption for promotion to fourth grade and will provide a list of approved alternative assessments to districts.

(a) The approval of an alternative standardized reading assessment must be based on whether the assessment meets the following criteria:

1. Internal consistency reliability coefficients of at least 0.80 0.85;

2. High validity evidenced by the alignment of the test with nationally recognized content standards, as well as specific evidence of content, concurrent, or criterion validity;

3. Norming studies within the last five (5) to ten (10) years, with norming within five (5) years being preferable; and

4. Serves as a measure of grade three 3 achievement in reading comprehension.

(b) Districts may submit requests for the approval of alternative standardized reading assessments to be used as a good cause exemption for promotion to fourth grade. Once an assessment has been approved by the Department of Education, the assessment is approved for statewide use.

(c) The Department of Education shall approve the required percentile passing score for each approved alternative standardized reading assessment based on an analysis of Florida student achievement results. If an analysis is not feasible, students must score at or above the 50th percentile on the approved alternative standardized reading assessment.

(d) The earliest the alternative assessment may be administered for student promotion purposes is following administration of the gGrade three 3 statewide English Language Arts Florida Standards Aassessment. An approved standardized reading assessment may be administered two (2) times if there are at least thirty (30) days between administrations and different test forms are administered.

(3) To promote a student using a student portfolio as a good cause exemption there must be evidence that demonstrates the student’s mastery of the Language Arts Florida Standards in reading equal to at least a Level 2 performance on the gGrade three 3 statewide English Language Arts Florida Standards Aassessment. Such evidence shall be an organized collection of the student’s mastery of the Language Arts Florida Standards that are assessed by the gGrade three 3 statewide English Language Arts Florida Standards Aassessment. The student portfolio must meet the following criteria:

(a) Be selected by the student’s teacher,

(b) Be an accurate picture of the student’s ability and only include student work that has been independently produced in the classroom,

(c) Include evidence that the standards assessed by the gGrade three 3 statewide English Language Arts Florida Standards Aassessment have been met. Evidence is to include multiple choice items and passages that are approximately sixty (60) percent literary text and forty (40) percent information text, and that are between 100-700 words with an average of 500 words. Such evidence could include chapter or unit tests from the district’s/school’s adopted core reading curriculum that are aligned with the Language Arts Florida Standards or teacher-prepared assessments.

(d) Be an organized collection of evidence of the student’s mastery of the Language Arts Florida Standards that are assessed by the gGrade three 3 statewide English Language Arts Florida Standards Aassessment. For each standard, there must be at least three (3) examples of mastery as demonstrated by a grade of seventy (70) percent or above on each example, and

(e) Be signed by the teacher and the principal as an accurate assessment of the required reading skills.

Rulemaking Authority 1008.25(9) FS. Law Implemented 1008.25(6) FS. History–New 5-19-03, Amended 7-20-04, 3-24-08, 2-1-09, 4-21-11, 11-4-14,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, Chancellor, K-12 Public Schools

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 22, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 23, 2015