To update and modify rule language related to test administration and special arrangement policies for examinees with disabilities, eliminating the requirement that reading be performed using visual or tactile means. The effect will be changes to ...  

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    DEPARTMENT OF EDUCATION

    State Board of Education

    RULE NO.:RULE TITLE:

    6A-4.0021Florida Teacher Certification Examinations

    PURPOSE AND EFFECT: To update and modify rule language related to test administration and special arrangement policies for examinees with disabilities, eliminating the requirement that reading be performed using visual or tactile means. The effect will be changes to the affected FTCE special arrangements requirements for examinees with disabilities.

    SUMMARY: The rule is proposed for amendment to remove and modify language related to the requirement that reading passages and questions be read through visual or tactile means.

    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: 1) no requirement for SERC was triggered under section 120.541(1), F.S., and; 2) no new fees are imposed in the proposed rule. Although an indeterminate increase in the number of examinees who are required to retake the examination(s) is predicted, the expected number of examinees and the resulting fees for the examinations will not approach the threshold for legislative ratification. The proposed rule is not expected to require legislative ratification pursuant to s. 120.541(3), F.S. The proposed rule is not expected to have any adverse impact on economic growth, private job creation, employment, or investment, or any adverse impact on transactional costs as noted above.

    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: 1012.55(1), 1012.56, 1012.59, F.S.

    LAW IMPLEMENTED: 1012.55, 1012.56, 1012.59, F.S.

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

    DATE AND TIME: July 17, 2017, 2:00 p.m.

    PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Phil Canto, Chief, Bureau of Postsecondary Assessment, Office of Assessment, Division of Accountability, Research, and Measurement, 325 W. Gaines Street, Suite 414, Tallahassee, FL 32399, (850)245-0513.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    6A-4.0021 Florida Teacher Certification Examinations.

    (1) through (5) No change.

    (6) Examinee with a disability. An applicant who is unable to complete the examinations under standard testing conditions because of a disability may request special arrangements. Such a request shall be made when the examination application is submitted. Lack of proficiency in the English language alone shall not be acceptable as a justifiable reason for requesting a reader or extra time for an examinee. Special arrangements shall be provided for applicants with disabilities.

    (a) through (b) No change.

    (c) Special test arrangements may include but are not limited to the following:

    1. Flexible scheduling. The person may be administered an examination during several brief sessions, as long as that examination is completed on the test administration date. Up to double time may be allowed.

    2. Flexible setting. The person may be administered an examination individually or in a small group setting by a proctor rather than in a classroom or auditorium setting.

    3. Recording of answers. The person may mark answers in a test booklet, type the answers by machine, or indicate selected answers to a test proctor. The proctor may then transcribe the person’s responses onto a machine-scorable answer sheet or onto a computer. In instances where the proctor is required to mark the responses on behalf of the examinee, there will be a tape recording of the examinee’s selected responses. A large-block answer sheet may be provided. The person may use a word processor or typewriter to prepare any required essay or other written response. Technical support to operate the word processor or typewriter may be provided.

    4. Revised format. The person may use a large-print booklet, a Braille test booklet, or a magnifying device.

    5. Auditory aids. A recorded version of the examination may be provided, the examination may be read by a narrator, or the examination may be provided via video with a narrator using oral language or sign language.

    6. Assistive personnel. Test personnel may be provided by the test administrator to record answers, sign test instructions, or read instructions and test items other than reading passages and items.

    7. Reading passages and items must be read by the examinee through visual or tactile means.

    7.8. Accommodations not covered by this rule may be requested through the Department of Education and will be provided, as appropriate, upon approval by the Department of Education.

    (d) through (h) No change.

    (7) through (12) No change.

    Rulemaking Authority 1012.55(1), 1012.56, 1012.59 FS. Law Implemented 1012.55, 1012.56, 1012.59 FS. History–New 8-27-80, Amended 1-11-82, 1-6-83, 5-3-83, 10-5-83, 10-15-84, Formerly 6A-4.021, Amended 12-25-86, 4-26-89, 4-16-90, 7-10-90, 4-22-91, 10-3-91, 8-10-92, 11-28-93, 4-12-95, 7-1-96, 9-30-96, 10-1-99, 7-17-00, 7-16-01, 3-24-02, 7-16-02, 3-24-03, 7-21-03, 12-23-03, 7-13-04, 5-24-05, 5-23-06, 5-21-07, 5-19-08, 7-21-08, 7-9-09, 6-22-10, 6-21-11, 11-22-11, 8-23-12, 5-21-13, 10-22-13, 2-25-14, 12-23-14, 7-28-15, 10-26-15, 7-26-16, 2-20-17,_______.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Juan Copa, Deputy Commissioner, Division of Accountability, Research and Measurement.

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 23, 2017

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 19, 2017

Document Information

Comments Open:
6/26/2017
Summary:
The rule is proposed for amendment to remove and modify language related to the requirement that reading passages and questions be read through visual or tactile means.
Purpose:
To update and modify rule language related to test administration and special arrangement policies for examinees with disabilities, eliminating the requirement that reading be performed using visual or tactile means. The effect will be changes to the affected FTCE special arrangements requirements for examinees with disabilities.
Rulemaking Authority:
1012.55(1), 1012.56, 1012.59, F.S.
Law:
1012.55, 1012.56, 1012.59, F.S.
Contact:
Phil Canto, Chief, Bureau of Postsecondary Assessment, Office of Assessment, Division of Accountability, Research, and Measurement, 325 W. Gaines Street, Suite 414, Tallahassee, FL 32399, (850) 245-0513.
Related Rules: (1)
6A-4.0021. Florida Teacher Certification Examinations