To align the definition of an achievement level 3 with s. 1008.22(3)(e), F.S., and to establish scale scores for each of the five achievement levels for the assessments aligned to the Benchmarks for Excellent Student Thinking ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.09422Statewide, Standardized Assessment Program Requirements

PURPOSE AND EFFECT: To align the definition of an achievement level 3 with s. 1008.22(3)(e), F.S., and to establish scale scores for each of the five achievement levels for the assessments aligned to the Benchmarks for Excellent Student Thinking (B.E.S.T.) Standards in kindergarten through grade 10 English Language Arts (ELA) Reading, kindergarten through grade 8 Mathematics, grades 4 through 10 ELA Writing, and end-of-course (EOC) assessments in Algebra 1 and Geometry. Once adopted, these achievement levels may be used for placement, promotion, retention, and accountability purposes. Additionally, the title of the rule is being updated to reflect the inclusion of the coordinated screening and progress monitoring system.

SUMMARY: The purpose of this proposed rule amendment is to establish scale scores for each achievement level for the new ELA Reading, Mathematics, ELA Writing, and EOC assessments in Algebra 1 and Geometry in order to report student achievement levels.

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 amendment establishes the achievement level cut scores for assessments aligned to the B.E.S.T. Standards in Florida public schools. Section 1008.22(3)(e)2., F.S., requires that “The state board shall designate by rule a passing score, indicating grade-level performance, for each statewide, standardized assessment.” Based upon prior experience, the proposed rule amendment is not expected to have any adverse impact on economic growth or business competitiveness or increase regulatory costs or any other factor set forth in s. 120.541(2), F.S., and will not require legislative ratification.

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(15), 1008.25(11), F.S.

LAW IMPLEMENTED: 1001.02, 1001.11, 1003.4282, 1003.433, 1008.22, 1008.25, F.S.

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

DATE AND TIME: October 18, 2023, 9:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Grand Sierra Ballroom D, Orlando, FL 32821

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.09422 Coordinated Screening and Progress Monitoring System and Statewide, Standardized Assessment Program Requirements.

(1) Definitions. For the purpose of this rule, the following definitions shall apply:

(a) “Achievement level.” Scores are reported by achievement levels, which are five (5) categories of achievement that represent the success students demonstrate with the content assessed. Achievement levels range from one (1) through five (5), with level 1 being the lowest achievement level, level 5 being the highest achievement level, and level 3 indicating on grade level satisfactory performance on the assessment. The minimum score in achievement level 3 is the designated passing score for all assessments described in subsection (3), of this rule, pursuant to s. Section 1008.22(3)(e)2., F.S. Achievement level scale score ranges are established in subsections (5) and (6) paragraphs (5)(a)-(c) of this rule.

(b) “Baseline year.” The first school year in which an assessment is administered operationally, as referenced for each assessment in subsections (5) and (6), of this rule. Achievement levels are established for an assessment after the baseline year, and results from the baseline administration are used to establish the achievement standards.

(c) “Eligible students.” All students except those who are prohibited from taking an assessment pursuant to Section s. 1008.22(3)(b)2., F.S., and those who are exempted from the assessment pursuant to ss. Sections 1008.212, 1008.22(12)(10), F.S. and Rule 6A-6.0909, F.A.C. Pursuant to s. Section 1008.22(3), F.S., participation in the assessment program is mandatory for all eligible students attending public schools, including adult students seeking a standard high school diploma under s. Section 1003.4282, F.S., and students in the Department of Juvenile Justice education programs, except as otherwise provided by law.

(d) “Progress monitoring.” The assessments that are a part of the coordinated screening and progress monitoring system required in s. 1008.25(9)(b), F.S. For Florida’s progress monitoring assessments, the first administration of each school year is referred to as Progress Monitoring (PM) 1, the second as PM2, and the third as PM3. In accordance with s. 1008.22(3)(a)2., F.S., beginning with the 2022-2023 school year, the end-of-year comprehensive progress monitoring assessment (PM3) administered pursuant to s. 1008.25(9)(b)2., F.S., is the statewide, standardized ELA assessment for students in grades three through ten and the statewide, standardized Mathematics assessment for students in grades three through eight.

(e) “Statewide, standardized assessments.” The assessments required in s. 1008.22(3), F.S., including the end-of-year comprehensive progress monitoring assessments in English Language Arts (ELA) Reading and Mathematics administered pursuant to s. 1008.25(9)(b)2., F.S., the comprehensive statewide assessments in ELA Writing and Science, the end-of-course assessments, and the alternate assessments.

(2) The statewide, standardized assessment program required by s. Section 1008.22, F.S., shall be developed under the direction and supervision of the Commissioner of Education and shall be:

(a) No change.

(b) Provided to all school districts as computer-based or paper-based tests, according to Section 1008.22(3)(d)1., F.S. Paper-based tests must be provided in the quantity needed for the students in the district for assessments that are not administered in computer-based format, and for students requiring paper-based accommodations in accordance with Rule 6A-1.0943, F.A.C.

(c) through (d) No change.

(3) The coordinated screening and progress monitoring system and statewide, standardized assessment program shall include progress monitoring assessments administered three (3) times per year in ELA Reading and Mathematics, comprehensive assessments in ELA Writing English Language Arts (ELA), Mathematics and Science, end-of-course (EOC) assessments, and pursuant to s. Section 1008.22(3)(e)3., F.S., retake administrations of former assessments required for graduation. In accordance with s. 1008.22(3)(a)2., F.S., the end-of-year comprehensive progress monitoring assessment (PM3) constitutes the statewide, standardized ELA and Mathematics assessment for students in grades three through eight.

(a) The statewide ELA Reading assessments shall measure students’ reading skills in kindergarten through grade three and reading and writing skills in grades four through ten.

(b) The statewide ELA Writing assessments shall measure students’ writing skills in grades four through ten.

(c)(b) The statewide Mathematics assessments shall measure students’ mathematics skills in kindergarten grades three through grade eight.

(d)(c) The statewide Science assessments shall measure students’ science skills in grades five and eight.

(e)(d) The EOC assessments shall consist of assessments measuring the skills specified in five (5) courses: Algebra 1, Geometry, Biology 1, United States History, and Civics.

(f)(e) The grade ten ELA retake assessment with a baseline administration of 2014-2015 shall measure reading and writing skills in grade ten and shall continue to have retake administrations through the 2023-2024 school year. The FCAT 2.0 Reading retake with a baseline administration of 2010-2011 shall measure reading skills in grade ten and shall continue to have retake administrations through the 2017-2018 school year.

(g)(f) The Algebra 1 EOC assessment retake with a baseline administration of 2014-2015 2010-2011 shall measure Algebra 1 skills required of in the Algebra 1 course, including course equivalents contained from 2014-2015 through December 2022, and shall continue to have retake administrations through the 2023-2024 2010-2011 to 2013-2014, and shall continue to have retake administrations through the 2016-2017 school year.

(4) The coordinated sreening and progress monitoring system and statewide, standardized assessment program shall be administered as follows:

(a) Beginning with the 2022-2023 2014-2015 school year, all eligible students in Voluntary Prekindergarten Education grades three through grade ten shall take the statewide ELA Reading progress monitoring assessments. This coordinated screening system will be administered three (3) times per year as a progress monitoring assessment, with the third administration constituting the statewide, standardized ELA assessment in grades three through ten in accordance with s. 1008.22(3)(a)2., F.S.

(b) Beginning with the 2022-2023 2014-2015 school year, all eligible students in Voluntary Prekindergarten Education grades three through grade eight shall take the statewide Mathematics assessment. This assessment will be administered three (3) times per year as a progress monitoring assessment, with the third administration constituting the statewide, standardized Mathematics assessment in grades three through eight.

(c) No change.

(d) Beginning with the 2022-2023 2014-2015 school year, all eligible students enrolled in a high school Algebra 1 or equivalent course must take the Algebra 1 EOC assessment with a baseline administration of 2022-2023 2014-2015 and all eligible students enrolled in a high school Geometry or equivalent course must take the Geometry EOC assessment.

(e) through (h) No change.

(i) Provisions shall be made by the Commissioner to permit the assessment to be administered to home school students pursuant to s. 1002.41, F.S., and private school students pursuant to ss. 1002.394, Sections 1002.39 and 1002.395, and 1002.40, F.S., under conditions which preserve the security of the assessment and require the public school districts to be responsible for the test administration procedures and requirements of Rule 6A-10.042, F.A.C.

(j) Provisions shall be made by school districts to administer the retake assessments to students if they do not attain passing scores on the assessments required for graduation. Pursuant to s. Section 1008.22(3)(e)3., F.S., assessments required for graduation may not be discontinued until the graduation, based on normal student progression, of students participating in the final, regular administration of the former assessment.

(5) Examinee scores on the progress monitoring assessments in kindergarten through grade two ELA Reading and in kindergarten through grade two Mathematics shall be reported by the use of scale scores and achievement levels defined after the baseline assessment administration administered during the 2022-2023 school year. The achievement levels for the kindergarten through grade two progress monitoring assessments administered pursuant to s. 1008.25(9), F.S., shall be as shown in the following tables.

 

ELA Reading progress monitoring assessment scale scores (0 to 341) for each achievement level:

Grade	Level 1	Level 2	Level 3	Level 4	Level 5
Kindergarten	0-113	114-133	134-146	147-161	162-341
1	0-134	135-152	153-169	170-187	188-341
2	0-165	166-182	183-195	196-210	211-341

 

Mathematics progress monitoring assessment scale scores (38 to 369) for each achievement level:

Grade	Level 1	Level 2	Level 3	Level 4	Level 5
Kindergarten	38-100	101-118	119-132	133-146	147-369
1	38-129	130-146	147-159	160-171	172-369
2	38-157	158-170	171-184	185-200	201-369

 

(6) Examinee scores on the grades three through ten progress monitoring statewide ELA Reading, grades four through ten statewide ELA Writing, and grades three through eight statewide Mathematics assessments shall be reported by the use of scale scores and achievement levels defined after by the baseline assessment administered during the 2022-2023 2014-2015 school year. Examinee scores on the statewide Science assessment shall be reported by the use of scale scores and achievement levels defined after by the baseline assessment administered during the 2011-2012 school year. Examinee scores on EOC assessments shall be reported by the use of scale scores and achievement levels defined after by the baseline assessment administered as follows: Algebra 1 EOC assessment (2022-2023 2014-2015), Algebra 1 EOC assessment for retake students (2014-2015 2010-2011), Geometry EOC assessment (2022-2023 2014-2015), Biology 1 EOC assessment (2011-2012), United States History EOC assessment (2012-2013), and Civics EOC assessment (2013-2014).

(a) The achievement levels for the comprehensive statewide, standardized assessments administered pursuant to s. 1008.22(3)(a), F.S., and the progress monitoring assessments administered pursuant to s. 1008.25(9), F.S., shall be as shown in the following tables.

ELA Reading statewide assessment progress monitoring scale scores (140 to 308) for each achievement level:

Grade	Level 1	Level 2	Level 3	Level 4	Level 5
3	140-185	186-200	201-212	213-224	225-260
4	154-198	199-212	213-223	224-236	237-270
5	160-205	206-221	222-231	232-245	246-279
6	161-208	209-224	225-236	237-249	250-284
7	165-214	215-231	232-241	242-256	257-292
8	169-219	220-237	238-250	251-261	262-300
9	174-223	224-241	242-253	254-266	267-303
10	179-229	230-246	247-257	258-270	271-308

 

Statewide ELA assessment scale scores (240 to 412) for each achievement level:
Grade	Level 1	Level 2	Level 3	Level 4	Level 5
3	240-284	285-299	300-314	315-329	330-360
4	251-296	297-310	311-324	325-339	340-372
5	257-303	304-320	321-335	336-351	352-385
6	259-308	309-325	326-338	339-355	356-391
7	267-317	318-332	333-345	346-359	360-397
8	274-321	322-336	337-351	352-365	366-403
9	276-327	328-342	343-354	355-369	370-407
10	284-333	334-349	350-361	362-377	378-412
Statewide Mathematics assessment scale scores (240 to 393) for each achievement level:
Grade	Level 1	Level 2	Level 3	Level 4	Level 5
3	240-284	285-296	297-310	311-326	327-360
4	251-298	299-309	310-324	325-339	340-376
5	256-305	306-319	320-333	334-349	350-388
6	260-309	310-324	325-338	339-355	356-390
7	269-315	316-329	330-345	346-359	360-391
8	273-321	322-336	337-352	353-364	365-393

 

Mathematics statewide assessment progress monitoring scale scores (140 to 291) for each achievement level:

Grade	Level 1	Level 2	Level 3	Level 4	Level 5
3	140-182	183-197	198-208	209-224	225-260
4	155-199	200-210	211-220	221-237	238-273
5	158-206	207-221	222-233	234-245	246-285
6	168-212	213-228	229-238	239-253	254-287
7	175-222	223-234	235-246	247-257	258-288
8	183-226	227-243	244-253	254-262	263-291

 

ELA Writing statewide assessment minimum scale score (154-308) required for on grade level achievement:

Grade	On Grade Level
4	220
5	218
6	220
7	232
8	234
9	231
10	238

Statewide Science statewide assessment (baseline 2011-2012) grade-level scale scores (140 to 260) for each achievement level:

Grade	Level 1	Level 2	Level 3	Level 4	Level 5
5	140-184	185-199	200-214	215-224	225-260
8	140-184	185-202	203-214	215-224	225-260

(b) The achievement levels for the EOC assessments administered pursuant to s. 1008.22(3)(b), F.S., shall be as shown in the following tables.

Algebra 1 EOC assessment (baseline 2022-2023 2014-15) scale scores (325 to 475 425 to 575) for each achievement level:

Level 1	Level 2	Level 3	Level 4	Level 5
325-378 425-486	379-399 487-496	400-417 497-517	418-434 518-531	435-475 532-575

 

Geometry EOC assessment (baseline 2022-2023) scale scores (325 to 475 425 to 575) for each achievement level:

Level 1	Level 2	Level 3	Level 4	Level 5
325-384 425-485	385-403 486-498	404-422 499-520	423-431 521-532	432-475 533-575

Biology 1 EOC assessment (baseline 2011-2012) scale scores (325 to 475) for each achievement level:

Level 1	Level 2	Level 3	Level 4	Level 5
325-368	369-394	395-420	421-430	431-475

United States History EOC assessment (baseline 2012-2013) scale scores (325 to 475) for each achievement level:

Level 1	Level 2	Level 3	Level 4	Level 5
325-377	378-396	397-416	417-431	432-475

Civics EOC assessment (baseline 2013-2014) scale scores (325 to 475) for each achievement level:

Level 1	Level 2	Level 3	Level 4	Level 5
325-375	376-393	394-412	413-427	428-475

(c) The achievement levels for the retake assessments administered pursuant to ss. 1008.22(3)(a) and (b), F.S., shall be as shown in the following tables.

Grade 10 ELA Retake assessment (baseline 2014-2015) scale scores (240 to 412) for each achievement level:

Level 1	Level 2	Level 3	Level 4	Level 5
284-333	334-349	350-361	362-377	378-412

 

Algebra 1 EOC Retake assessment (baseline 2014-2015) scale scores (425 to 575) for each achievement level:

Level 1	Level 2	Level 3	Level 4	Level 5
425-486	487-496	497-517	518-531	532-575

(76) In accordance with s. Section 1008.22(3)(e)3., F.S., for students who participated in either the grade ten ELA assessment or the Algebra 1 EOC assessment prior to the adoption of achievement levels and scale scores for the assessment, the following alternate passing scores apply.

(a) For students who took the statewide grade ten ELA Reading assessment (baseline 2022-2023), the Algebra 1 EOC assessment (baseline 2022-2023), or the Geometry EOC assessment (baseline 2022-2023), prior to the adoption of the achievement levels and scale scores defined herein, effective November 2023, the alternate passing scores are as follows:

1. The alternate passing score for the grade ten ELA assessment (baseline 2022-2023) is 246 and above, which corresponds to the passing score of 350 and above on the grade ten ELA retake (baseline 2014-2015).

2. The alternate passing score for the Algebra 1 EOC (baseline 2022-2023) is 398, which corresponds to the passing score of 497 and above for the Algebra 1 EOC retake (baseline 2014-2015).

3. The alternate passing score for the Geometry EOC (baseline 2022-2023) is 401, which corresponds to the passing score of 499 and above for the Geometry EOC retake (baseline 2014-2015).

(b) Ffor students who took the statewide gGrade ten 10 FSA ELA assessment (baseline 2014-2015), the or FSA Algebra 1 EOC assessment (baseline 2014-2015), or the Geometry EOC assessment (baseline 2014-2015) prior to the adoption on February 9, 2016, of the achievement levels and scale scores defined herein, the alternate passing scores are as follows:

1. The alternate passing score for the gGrade ten 10 FSA ELA assessment (baseline 2014-2015) is 349 and above, which corresponds to the passing score of 245 and above on gGrade ten 10 FCAT 2.0 Reading retake assessment (baseline 2010-2011).;

2. Tthe alternate passing score for the FSA Algebra 1 EOC assessment (baseline 2014-2015) is 489 and above, which corresponds to the passing score of 399 and above for the Algebra 1 EOC retake assessment (baseline 2010-2011).

3. The alternate passing score for the Geometry EOC assessment (baseline 2014-2015) is 492 and above, which corresponds to the passing score of 396 and above for the previous Geometry EOC (2010-2011).

(7) For students who took the statewide Geometry EOC (2014-15) prior to the adoption on February 9, 2016, of the achievement levels and scale scores defined herein, the alternate passing score shall be 492 and above, which corresponds to the passing score of 396 and above for the previous Geometry EOC (2010-11), which was last administered December 2014.

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

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

1. Beginning with students who entered grade nine 9 in the 2010-2011 school year and ending with students who entered grade nine 9 in the 2018-2019 school year, students and adults who have not yet earned their required passing score on the gGrade ten 10  FCAT 2.0 Reading Assessment or the Grade 10 FSA ELA aAssessment, as applicable, may meet this testing requirement to qualify for a high school diploma by earning a concordant passing score on the respective section of the SAT or ACT. For eligible students, the concordant passing scale score shall be a score equal to or greater than four hundred and thirty (430) on the 200 to 800 scale for the SAT Evidence-Based Reading and Writing (EBRW) section, twenty-four (24) on the 10 to 40 scale of the SAT Reading Subtest section, or nineteen (19) on the 1 to 36 scale on the ACT Reading section. Eligible students may also use concordant scores set forth in subparagraph (7)(8)(a)2. of this rule.

2. Students and adults who are in the 2022-2023 graduating class, including students who entered grade nine 9 in the 2019-2020 school year, and who have not yet earned the required passing score on the the grade ten 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 nineteen 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.

3. Beginning with students who entered grade nine 9 in the 2020-2021 school year, students and adults who have not yet earned their required passing score on the grade ten 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. Beginning with students entering grade nine 9 in the 2011-2012 school year and ending with students who entered grade nine 9 in the 2018-2019 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 Mathematics section of the Postsecondary Education Readiness Test (PERT). For eligible students, the comparative passing scale score for the PERT shall be a score equal to or greater than ninety-seven (97) on the 50 to 150 scale. Eligible students may also use comparative scores set forth in subparagraph (8)(b)2. of this rule.

2. Students and adults who are in the 2022-2023 graduating class, including students who entered grade nine 9 in the 2019-2020 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.

3. Beginning with students who entered grade nine 9 in the 2020-2021 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) When a student or adult earns a passing score on the respective section of the alternative assessment used to meet the graduation requirement(s), it shall be recorded in their cumulative record. Regardless of whether they have already been awarded a certificate of completion, a student or adult who has met all other high school graduation requirements but has taken and failed one or more standardized, statewide assessments associated with a graduation requirement (the grade ten 10 Reading, the grade ten 10 ELA, or the Algebra 1 EOC) shall be awarded a standard high school diploma if the student or adult earns or has earned a concordant or comparative score for an alternative assessment, set forth in subparagraph (8)(a) and (b). A student or adult may retest until they earn a passing score on the respective statewide assessment or a concordant or comparative score on an alternative assessment.

(9) through (11) No change.

(12) Pursuant to s. Section 1003.433(3), F.S., beginning with the 2022-2023 school year, students who have been enrolled in an English Speakers of Other Languages (ESOL) program for less than 2 school years and have met all requirements for the standard high school diploma except for passage of any assessment required for graduation as specified by ss. Section 1003.4282 or 1008.22, F.S., or alternate assessment is eligible for a standard high school diploma if the student:

(a) Passes the required assessment or alternate assessment after having received English language instruction offered by a public school during the summer following the student’s senior year through an instructional model for English Language Learners identified in “FDOE Information Database Requirements: Volume I – Automated Student Information System, 2021-22” incorporated by reference in Rule 6A-1.0014, F.A.C.: Sheltered-English, Sheltered-Core/Basic Subject Areas, Mainstream/Inclusion-English, Mainstream/Inclusion-Core/Basic Subject Areas, Maintenance or Developmental Bilingual Education, or Dual Language; or

(b) Beginning with the 2022-2023 school year, meets the requirement to pass the statewide, standardized grade ten 10 ELA assessment by satisfactorily demonstrating grade-level expectations on a formative assessment that generates a score or metric that can be interpreted as a measure of grade ten 10 level achievement in ELA.

(c) through (f) No change.

Rulemaking Authority 1001.02(2)(n), 1003.433(3)(b), 1008.22(15)(13), 1008.25(11)(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, 8-22-23,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vince Verges, Assistant Deputy Commissioner, Office of Assessment.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 05, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 24, 2023