Rule 6A-10.042, F.A.C., currently addresses specific procedures required to maintain test security and to maintain uniform test administration procedures to ensure that test results are valid and reliable measures of student achievement. The amended ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.042Maintenance of Test Security

PURPOSE AND EFFECT: Rule 6A-10.042, F.A.C., currently addresses specific procedures required to maintain test security and to maintain uniform test administration procedures to ensure that test results are valid and reliable measures of student achievement. The amended rule would retain current language, but also specify the criteria required of third-party contractor sites with respect to: student health and safety, testing environment, affiliation, test security and administration procedures, student data, and technology. Districts will have more options for administering student assessments; they will be able to choose whether to administer the assessments themselves or contract for that function. In addition, it will allow districts to contract for the assessment of students participating in fulltime virtual programs so they do not have to be assessed at the traditional school they would otherwise attend.

SUMMARY: The proposed rule amendment specifies test administration and security criteria for third-party contractor sites in order to implement Section 1008.24(3), Florida Statutes, which authorizes school districts and educational institutions to contract with third-party contractors to administer statewide assessments required under Section 1008.22, Florida Statutes.

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 revisions specify criteria for the use of contractors to administer statewide assessments. The use of contractors is optional and no requirement in the proposed rule imposes requirements anticipated to result in added cost.

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: 1003.49, 1008.24 FS.

LAW IMPLEMENTED: 1008.24 FS.

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

DATE AND TIME: September 17, 2013, 9:00 a.m.

PLACE: Forest Hill Community High School, 6901 Parker Avenue, West Palm Beach, FL 33405

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vince Verges, Director, Office of Assessment, 325 W. Gaines Street, Suite 414, Tallahassee, FL 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-10.042 Test Administration and Maintenance of Test Security.

(1) through (4) No change.

(5) School districts and public educational institutions under Section 1003.49, Florida Statutes, may contract with third-party contractors to administer and proctor statewide standardized assessments required under Section 1008.22, Florida Statutes, or assessments associated with Florida approved courses under Section 1003.499, Florida Statutes.

(a) School districts and educational institutions must ensure that the contractor and contractor staff meet all local, state, and federal requirements to ensure student health and safety, and that the contractor’s facility is a comfortable environment that does not interfere with a student’s ability to demonstrate mastery on the tests.

(b) School district or educational institution use of third-party contractors (including contracted affiliates, such as franchises) shall not relieve the district or institution of its obligation to provide access to statewide testing for Florida Virtual School or virtual charter school students pursuant to Sections 1002.33(20), 1002.37, and 1002.45(6)(b), Florida Statutes.

(c) The contractor must adhere to all test administration and security protocols, and shall be subject to all provisions of this rule.

(d) The contractor must not collect nor maintain any student’s personally-identifiable information beyond that required for test administration.

(e) All technology used to administer computer-based tests must meet assessment technology guidelines and online test security requirements as prescribed by the Department pursuant to Section 120.81 (1)(c), Florida Statutes.

Rulemaking Specific Authority 1001.02(1), 1003.49, 1008.(24)(1) FS. Law Implemented 1001.02, 1008.24 FS. History–New 7-5-87, Amended 10-26-94,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Will Krebs, 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: August 13, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 12, 2013