The purpose and effect of this amendment is to update the basic skills exemption list for the 2015-2016 academic year, add a new assessment instrument and to remove assessment instruments that are no longer available.

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO:6A-10.040

RULE TITLEBasic Skills Requirements for Postsecondary Career and Technical Education

PURPOSE AND EFFECT: The purpose and effect of this amendment is to update the basic skills exemption list for the 2015-2016 academic year, add a new assessment instrument and to remove assessment instruments that are no longer available.

SUMMARY: The State Board of Education is required by statute to adopt, by rule, standards of basic skill mastery for students completing career and technical certificate 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 school district or Florida college institution offering the program must provide basic skills instruction. The statute provides exemptions for students holding certain credentials.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICIATION: 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 provides more flexibility in assessments available and is not expected to have any impact on the factors found in section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of the 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: July 23, 2015, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kathleen Taylor, Bureau Chief, Standards, Benchmarks and Frameworks, Division of Career and Adult Education, 325 West Gaines Street, Room 714, Tallahassee, Florida  32399-0400, Phone: [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)(e) (d) 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.);

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

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

(e) 2014 GED® Tests: Reasoning through Language Arts and Mathematical Reasoning where a minimum score of 150 has been attained on each test.

(2) through (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;

(b) Brigance Employability Skills, 1995;

(c) Brigance Transition Skills Inventory, 2010;

(d) Comprehensive Test of Adaptive Behaviors (CTAB), 1986;

(e) Comprehensive Adult Student Assessment System (CASAS) – Life Skills, 1996 (reading and listening);

(f) Comprehensive Adult Student Assessment System (CASAS) – STRETCH, 1996;

(e)(g) Comprehensive Adult Student Assessment System (CASAS) – Test for Special Populations, 1996;

(f)(h) Kaufman Functional Academic Skills Test (K-FAST), 1994;

(g)(i) Literacy Volunteers of America (LVA) English as a Second Language Oral Assessment (ESLOA), 1995; or

(h)(j) Comprehensive Adult Student Assessment System (CASAS) – Life and Work, 2001 (reading).

(8) The following students are exempt from taking the initial basic skills assessment required in subsection (1) of 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 ‒ 2015-2016 2014-2015” (http://www.flrules.org/Gateway/reference.asp?No=Ref-03950) (http://www.fldoe.org/core/fileparse.php/5652/urlt/2015-16-basicskills-with-License-exempt.rtf 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 Authority 1001.02(1), 1004.91(1) 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, 5-18-14,______.

 

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

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  June 15, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 1, 2015