To align the Rule language with ss. 1008.23 and 24, F.S., as amended during the 2021 Legislative Session, by adding additional statutes to those included in subsection (1) of this Rule, thereby expanding the list of tests ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.042Test Administration and Security

PURPOSE AND EFFECT: To align the Rule language with ss. 1008.23 and 24, F.S., as amended during the 2021 Legislative Session, by adding additional statutes to those included in subsection (1) of this Rule, thereby expanding the list of tests required to be maintained and administered in accordance with the provisions of this Rule.

SUMMARY: During the 2021 Legislative Session, ss. 1008.23 and 1008.24, F.S., were amended to expand the assessments that are confidential and exempt from public record disclosures and to make test security violations regarding those assessments punishable as a misdemeanor of the first degree. This amendment, therefore, seeks to add those assessments not currently specified in Rule 6A-10.042, F.A.C., to the list of assessments that are regulated by this Rule.

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 Rule amendment relates only to the addition of statutory references to bring the Rule language into compliance with ss. 1008.23 and 1008.24, F.S.; therefore, there is no impact on economic growth, private sector job creation, employment, private sector investment, or business competitiveness as a result of this Rule amendment. 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), 1003.49, 1008.22(13), 1008.23(1), 1008.24, 1008.25(10), F.S.

LAW IMPLEMENTED: 1003.49, 1008.23, 1008.24, F.S.

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

DATE AND TIME: February 9, 2022, 9:00 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Dr., Tallahassee, FL 32304.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vince Verges, Assistant Deputy Commissioner, Accountability, Research, and Measurement; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-10.042 Test Administration and Security.

(1) Tests implemented in accordance with the requirements of Sections 1002.69, 1003.52, 1003.56, 1004.93, 1007.25, 1007.35, 1008.22, 1008.25, 1008.30, 1012.55 and 1012.56, F.S., shall be maintained and administered in a secure manner such that the integrity of the tests shall be preserved.

(a) through (i) No change. 

(2) through (5) No change.

Rulemaking Authority 1001.02, 1003.49, 1008.23, 1008.24 FS. Law Implemented 1003.49, 1008.23, 1008.24 FS. History–New 7-5-87, Amended 10-26-94, 11-3-13, 1-7-16,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vince Verges, Assistant Deputy Commissioner, Accountability, Research, and Measurement.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 15, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 29, 2021