The proposed changes for the District Comprehensive Evidenced-Based Reading plan are based on provisions included in Senate Bill 7004. Revised requirements include: the criteria for identification and requirements for students ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.053District Comprehensive Evidence-Based Reading Plan

PURPOSE AND EFFECT: The proposed changes for the District Comprehensive Evidenced-Based Reading plan are based on provisions included in Senate Bill 7004. Revised requirements include: the criteria for identification and requirements for students in Voluntary Prekindergarten (VPK) who demonstrate a substantial deficiency in early literacy; the added timeline requirement for the development of an Individualized Progress Monitoring Plan (IPMP) within 45 days after the results of the coordinated screening and progress monitoring system become available for students who have a substantial reading deficiency; and the requirement for districts to prioritize funds for VPK students who have a substantial deficiency in early literacy skills. The effect of the rule will be that VPK students who have a substantial deficiency in early literacy skills will receive interventions to increase early literacy skills and that students who have a substantial reading deficiency will have an IPMP in place within a set timeframe.

SUMMARY: The Department is revising requirements of the District Comprehensive Evidence-Based Reading Plan based on provisions included in Senate Bill 7004. Revised requirements include: identification and requirements for VPK students who demonstrate a substantial deficiency in early literacy skills; the timeline to develop the IPMP for students who have a substantial reading deficiency; and the addition of prioritizing VPK students who have a substantial deficiency in early literacy skills when districts allocate remedial and supplemental instruction resources.

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 rule is not expected to have any adverse impact on economic growth or business competitiveness or increase regulatory costs or any other factor and will not require legislative ratification. This is based upon the nature of the proposed rule.

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), 1003.4201, 1008.25(11), F.S.

LAW IMPLEMENTED: 1001.215, 1003.4201, 1008.25, F.S.

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

DATE AND TIME: September 25, 2024, 9:00 a.m.

PLACE: St. Johns River State College, 2990 College Drive, Building J, Room J-149, St. Augustine, FL 32084.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Barash, Executive Director, Just Read, Florida! 325 West Gaines Street, Tallahassee, FL, 32399, (850)245-953

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.053 District Comprehensive Evidence-Based Reading Plan.

(1) through (2) No change.

(3) Assessment, Curriculum, and Reading Instruction.

(a) K-12 reading instruction must be grounded in the science of reading and align with Florida’s Formula for Reading Success, 6 + 4 + T1 + T2 +T3, which includes:

1. through 2. No change.

3. Three (3) tiers of instruction that are standards-aligned; include accommodations for students with a disability, students with an Individual Educational Plan (IEP), and students who are English language learners; and incorporate the principles of Universal Design for Learning as defined in 34 C.F.R. 200.2(b)(2)(ii);

a. through b. No change.

c. Intensive, Individualized Instruction/Interventions (Tier 3): provides explicit, systematic, individualized instruction based on student need, one-on-one or very small group instruction with more guided practice, immediate corrective feedback, and frequent progress monitoring; and occurs in addition to core instruction and Tier 2 interventions. Tier 3 interventions must be provided to students identified as having a substantial reading deficiency in reading or characteristics of dyslexia pursuant to s. 1008.25(5)(a), F.S. Intensive reading interventions must be delivered by instructional personnel who are certified or endorsed in reading or who possess the elementary or secondary literacy micro-credential. For instructional personnel who possess the literacy micro-credential and provide intensive reading interventions, supervision must be provided by an individual certified or endorsed in reading.

(b) through (d) No change.

(4) No change.

(5) Students with a Substantial Deficiency in Early Literacy Skills.

(a) Identification. A VPK student is identified as having a substantial deficiency in early literacy skills if the student scores below the tenth (10th) percentile or is unable to complete the practice items at the middle or end of the year test administration of the coordinated screening and progress monitoring system pursuant to s. 1008.25(9), F.S.

(b) Interventions. Immediately following identification, public VPK students with a substantial deficiency in early literacy skills must be provided interventions in early literacy skills that are intensive, explicit, systematic, and multisensory in accordance with s. 1008.25(5)(a), F.S.

(6)(5) Students with a Substantial Reading Deficiency in Reading.

(a) Identification. A kindergarten through grade 3 student is identified as having a substantial reading deficiency in reading if:

1. No change.

2. A student in grades K-3 demonstrates through progress monitoring, formative assessments, or teacher observation data, minimum skill levels for reading competency in one or more of the six (6) components of reading; and

a. For kindergarten, the student scores below the tenth (10th) percentile or is unable to complete the practice items on the designated grade-level assessment at the beginning, middle, or the end of the year test administration of the coordinated screening and progress monitoring system pursuant to s. 1008.25(9), F.S.;

b. For grades 1 and 2, the student scores below the tenth (10th) percentile or is unable to complete the practice items on the designated grade-level assessment for the specified test administration testing window of the coordinated screening and progress monitoring system pursuant for s. 1008.25(9), F.S.; or

c. For grade 3, the student scores below the twentieth (20th) percentile at the beginning or middle of the year test administration of on the coordinated screening and progress monitoring system pursuant to s. 1008.25(9), F.S.

3. No change.

(b) Notification. Parents of students identified with a substantial reading deficiency in reading must be notified immediately in writing of the items listed in s. 1008.25(5)(d)-(e), F.S., and consulted in the development of a plan. 

(c) Required Plan.

1. Students identified with a substantial reading deficiency in reading must have an individualized progress monitoring plan that is designed to address the student’s specific reading deficiency and that meets the minimum requirements set forth in s. 1008.25(4)(c), F.S. The individualized progress monitoring plan must be developed within forty-five (45) days after the results of the coordinated screening and progress monitoring system become available. 

2. Students with qualifying disabilities covered by an IEP under the Individuals with Disabilities Education Act or a Section 504 Plan under Section 504 of the Rehabilitation Act of 1973 are exempt from the requirement to have a progress monitoring plan, if the IEP or 504 Plan addresses the student’s reading deficiency. Nothing in this rule should be construed to require or prohibit an IEP or 504 plan or the contents of these plans.

3. No change.

(d) Interventions. Immediately following identification, students with a substantial reading deficiency in reading must be provided reading interventions that are intensive, explicit, systematic, and multisensory, in accordance with s. 1008.25(5)(a), F.S.

(7)(6) No change.

(8)(7) Summer Reading Camps. 

(a) No change.

(b) Districts may also offer Summer Reading Camps to students in grades K-5 with a reading deficiency in reading. With the exception of the students described in paragraph (7)(a), Summer Reading Camps must use classroom teachers or other district personnel who are certified or endorsed in reading or who possess the elementary literacy micro-credential.

(9)(8) CERP Submission, Approval, and Evaluation by the Department.

(a) Annually, each district must develop a CERP and submit it for approval to its governing board or authority. After approval by its governing board or authority, each district must provide its approved CERP, including approved CERPs for each charter school sponsored by the district, to the Department by August 1. Plans must be submitted to Just Read, Florida! via email at [e-mail].

1. A district CERP submitted by a district must include all district K-12 schools, including charter schools sponsored by the district, unless a charter school elects to create its own plan independently from the district.

2. through 3. No change.

(b) CERP Requirements. The CERP must demonstrate that the district is able to implement its reading plan with fidelity, that the plan uses data to drive decision-making, that the plan is designed to meet the needs of all students, and that the plan allocates sufficient resources toward each component. In order to be approved, CERPs must comply with the requirements found in subsections (3)-(7) and paragraph (9)(a) and must contain the following:

1. No change.

2. Assurances that:

a. All reading instruction and professional learning are is grounded in the science of reading; use uses instructional strategies that include phonics instruction for decoding and encoding as the primary strategy for word reading; and do does not employ the three-cueing system model of reading or visual memory as a basis for teaching word reading;

b. All students identified with a substantial reading deficiency in reading are covered by an individualized progress monitoring plan that meets the requirements of s. 1008.25(4)(c), F.S., to address their specific reading deficiency, unless they have an IEP or 504 Plan that addresses their reading deficiency, or both in accordance with paragraph (5)(c);

c. through i. No change.

3. Descriptions of: 

a. No change.  

b. The district’s planned expenditures for each component of the CERP, including salaries and benefits, professional learning, assessments, programs and materials, tutoring, and incentives, if offered as part of the district’s comprehensive system of reading instruction. In accordance with s. 1008.25(3)(a), F.S., remedial and supplemental instruction resources must be prioritized for VPK students who have a substantial deficiency in early literacy skills and K-3 students with a substantial reading deficiency in reading or characteristics of dyslexia;   

c. How the district improved the plan based on the CERP Reflection Tool;.

d. through j. No change.

k. The evidence-based literacy coaching model used in the district, if the Just Read, Florida! literacy coach model is not utilized; .

l. The multisensory strategies, including visual, auditory, and kinesthetic-tactile techniques, presented to students in grades K-3 who have a substantial reading deficiency in reading or characteristics of dyslexia;

m. The district’s process for identifying students in grades K-12 in need of Tier 2 and Tier 3 interventions, which must be provided to students with a substantial reading deficiency in reading or characteristics of dyslexia;

n. No change.

o. How the district will provide the required notifications to parents of students identified with a substantial reading deficiency in reading, including a description of any literacy partnerships or programs the district utilizes to increase support for families to engage in reading at home, such as the New Worlds Reading Initiative pursuant to s. 1003.485, F.S.; and

p. No change.

4. No change.

(c) No change.   

(10)(9) No change.

(11)(10) No change.

Rulemaking Authority 1001.02(1), (2)(n), 1003.4201, 1008.25(11) FS. Law Implemented 1001.215, 1003.4201, 1008.25 FS. History–New 6-19-08, Amended 4-21-11, 2-17-15, 12-22-19, 2-16-21, 3-15-22, 2-21-23, 2-20-24, 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michelle Barash, Executive Director, Just Read, Florida!

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 22, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 15, 2024