To codify concordant and comparative score requirements in accordance with House Bill (HB) 1537, Section 37 (2023). The effect of this change is to provide additional measures by which students graduating during the 2022-23 ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.09422Statewide, Standardized Assessment Program Requirements

PURPOSE AND EFFECT: To codify concordant and comparative score requirements in accordance with House Bill (HB) 1537, Section 37 (2023). The effect of this change is to provide additional measures by which students graduating during the 2022-23 school year can meet their assessment graduation requirements, to clarify the concordant and comparative scores that can be used for student who entered grade 9 during the 2020-21 school year and beyond, and to allow students who entered grade 9 in 2020-21 and beyond an additional option to meet assessment graduation requirements through the use of the Classic Learning Test (CLT).

SUMMARY: To set specific concordant and comparative scores available to students graduating during the 2022-23 school year, including students who entered grade 9 in 2019-20, as well as concordant and comparative scores that may be used for students who entered grade 9 in 2020-21 and beyond. Additionally, the proposed rule sets forth a concordant passing score for the Grade 10 English Language Arts (ELA) assessment on the CLT and a comparative score for the Algebra 1 End-of-Course (EOC) assessment on the CLT.

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 amendment relates only to the assessment graduation requirements for students; therefore, there is no impact on economic growth, private sector job creation, employment, private sector investment, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of this rule. If there is any impact on such economic growth and private sector job creation, the impact would be positive because it would lead to a higher number of students receiving a standard diploma. For the same reasons, though no impact on business competitiveness is anticipated, any impact would be positive. Because the proposed rule amendment only relates to the clarifying assessment graduation requirements and allowing an additional pathway to graduation, it is not likely to increase regulatory costs.

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), (2)(n), 1003.433(3)(b), 1008.22(14), 1008.25(10), F.S.

LAW IMPLEMENTED: 1001.01, 1001.11, 1003.4282, 1003.433, 1008.22, 1008.25, F.S., Ch. 2023-16, § 37, Laws of FL

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

DATE AND TIME: July 19, 2023, 9:00 a.m.

PLACE: Rosen Shingle Creek, 9939 Universal Blvd., Orlando, Florida 32819.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vince Verges, Assistant Deputy Commissioner, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.09422 Statewide, Standardized Assessment Program Requirements.

(1) through (7) No change.

(8) Concordant and comparative scores shall be applied to the statewide assessment program as follows:

(a) Concordant scores shall be applied for the grade 10 Reading or ELA assessment, as appropriate, according to this subsection:

1. No change.

2. Students and adults who are in the 2022-23 graduating class, including students who entered grade 9 in the 2019-20 school year, and who have not yet earned the required passing score on the the grade 10 statewide, standardized ELA assessment may meet this testing requirement to qualify for a high school diploma by earning a concordant passing score on the EBRW section of the SAT, the Reading subtest of the SAT or the ACT, or the average of the English and Reading subject test scores for the ACT. For eligible students, the concordant passing scale score for the SAT EBRW shall be a score equal to or greater than four hundred and thirty (430) on the 200 to 800 scale, and the concordant passing scale score for the SAT Reading subtest shall be equal to or greater than twenty four (24) on the 10 to 40 scale. The concordant passing scale score for the Reading section of the ACT shall be a score equal to or greater than ninteen (19) on the 1 to 36 scale, and the concordant passing score on the average of the English and Reading subtest scores of the ACT shall be a score equal to or greater than eighteen (18) on the 1 to 36 scale.  For the average of the ACT English and Reading subtests, if the average of the two subject test scores results in a decimal of .5, the score shall be rounded up to the next whole number. The scores for the English and Reading subject tests on the ACT are not required to come from the same test administration. Beginning with students who entered grade 9 in the 2019-20 school year, students and adults who have not yet earned their required passing score on the Grade 10 FSA ELA Assessment, may meet this testing requirement to qualify for a high school diploma by earning a concordant passing score on the EBRW section of the SAT or the average of the English and Reading subject test scores for the ACT. For eligible students, the concordant passing scale score for the SAT EBRW shall be a score equal to or greater than four hundred and eighty (480) on the 200 to 800 scale, and the concordant passing scale score for the average of the English and Reading subject test scores on the ACT shall be a score equal to or greater than eighteen (18) on the 1 to 36 scale. For the ACT, if the average of the two subject test scores results in a decimal of .5, the score shall be rounded up to the next whole number. The scores for the English and Reading subject tests on the ACT are not required to come from the same test administration.

3. Beginning with students who entered grade 9 in the 2020-21 school year, students and adults who have not yet earned their required passing score on the grade 10 statewide, standardized ELA assessment may meet this testing requirement to qualify for a high school diploma by earning a concordant passing score on the EBRW section of the SAT, or the average of the English and Reading subject test scores for the ACT, or the sum of the Verbal Reasoning and the Grammar/Writing sections of the Classic Learning Test (CLT). For eligible students, the concordant passing scale score for the SAT EBRW shall be a score equal to or greater than four hundred and eighty (480) on the 200 to 800 scale, the concordant passing scale score for the average of the English and Reading subject test scores on the ACT shall be a score equal to or greater than eighteen (18) on the 1 to 36 scale, and the concordant passing scale score for the sum of the Grammar/Writing and the Verbal Reasoning subject tests of the CLT shall be a score equal to or greater than thirty-six (36) on the 0 to 80 scale. For the ACT, if the average of the two subject test scores results in a decimal of .5, the score shall be rounded up to the next whole number. The scores for the English and Reading subject tests on the ACT or the Grammar/Writing and Verbal Reasoning subjects tests on the CLT are not required to come from the same test administration.

(b) Comparative scores shall be applied for the Algebra 1 EOC assessment, as appropriate, according to this subsection:

1. No change.

2. Students and adults who are in the 2022-23 graduating class, including students who entered grade 9 in the 2019-20 school year, and who have not yet earned the required passing score on the Algebra 1 EOC assessment may meet this testing requirement to qualify for a high school diploma by earning a comparative passing score on the Math section of the PERT, the PSAT/NMSQT, the SAT or the ACT, or on the statewide, standardized Geometry EOC assessment. For eligible students, the comparative passing scale score shall be a score equal to or greater than one hundred and fourteen (114) on the 50 to 150 scale for the PERT Mathematics section, equal to or greater than four hundred and thirty (430) on the 160 to 760 scale for the PSAT/NMSQT Math section, equal to or greater than four hundred and twenty (420) on the 200 to 800 scale for the SAT Math section, equal to or greater than sixteen (16) on the 1 to 36 scale for the ACT Math section, or equal to or greater than an achievement level 3 on the level 1 to level 5 achievement level scale for the statewide, standardized Geometry EOC assessment. Beginning with students who entered grade 9 in the 2019-20 school year, students and adults who have not yet earned their required passing score on the Algebra 1 EOC assessment, may meet this testing requirement to qualify for a high school diploma by earning a comparative passing score on the Math section of the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT), the SAT or the ACT or on the Geometry EOC assessment. For eligible students, the comparative passing scale score shall be a score equal to or greater than four hundred and thirty (430) on the 160 to 760 scale for the PSAT/NMSQT Math section, equal to or greater than four hundred and twenty (420) on the 200 to 800 scale for the SAT Math section, equal to or greater than sixteen (16) on the 1 to 36 scale for the ACT Math section, or equal to or greater than 499 on the 425 to 575 scale for the Geometry EOC assessment. Students who are eligible for the Algebra 1 EOC alternate passing score of 489 under subsection (6) or the Geometry EOC alternate passing score of 492 under subsection (7) may use the Geometry EOC alternate passing score of 492 as a comparative score to satisfy this requirement.

3. Beginning with students who entered grade 9 in the 2020-21 school year, students and adults who have not yet earned their required passing score on the Algebra 1 EOC assessment may meet this testing requirement to qualify for a high school diploma by earning a comparative passing score on the Math section of the PSAT/NMSQT, the SAT or the ACT, on the statewide, standardized Geometry EOC assessment, or on the Quantitative Reasoning section of the CLT. For eligible students, the comparative passing scale score shall be a score equal to or greater than four hundred and thirty (430) on the 160 to 760 scale for the PSAT/NMSQT Math section, equal to or greater than four hundred and twenty (420) on the 200 to 800 scale for the SAT Math section, equal to or greater than sixteen (16) on the 1 to 36 scale for the ACT Math section, equal to or greater than an achievement level 3 on the 1 to level 5 achievement level scale for the statewide, standardized Geometry EOC assessment, or equal to or greater than eleven (11) on the 0 to 40 scale for the CLT Quantitative Reasoning section.

(c) No change.

(9) through (12) No change.

Rulemaking Authority 1001.02(2)(n), 1003.433(3)(b), 1008.22(13), 1008.25(10) FS. Law Implemented 1001.02, 1001.11, 1003.4282, 1003.433, 1008.22, 1008.25 FS. History–New 1-24-99, Amended 10-7-01, 1-22-02, 12-23-03, 3-27-06, 3-1-07, 2-25-09, 7-19-10, 2-12-12, 2-3-13, 2-25-14, 2-17-15, 2-9-16, 1-1-18, 6-28-18, 8-18-20, 3-15-22,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vince Verges, Assistant Deputy Commissioner, Department of Education.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 07, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 2, 2023