The purpose of the amendment to Rule 6A-1.09422, F.A.C., is to establish new concordant scores that align with the Grade 10 Florida Standards Assessment (FSA) English Language Arts (ELA) Assessment and comparative scores that align with the FSA ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.: RULE TITLE:

6A-1.09422: Statewide, Standardized Assessment Program Requirements

6A-1.094223: Comparative and Concordant Scores for the Statewide Assessment Program

PURPOSE AND EFFECT: The purpose of the amendment to Rule 6A-1.09422, F.A.C., is to establish new concordant scores that align with the Grade 10 Florida Standards Assessment (FSA) English Language Arts (ELA) Assessment and comparative scores that align with the FSA Algebra 1 End-of-Course (EOC) Assessment. This amendment will incorporate significant portions of Rule 6A-1.094223, F.A.C., which will be repealed. Sections 1008.22(9) and (10), F.S., provide authority to the State Board of Education to adopt in rule passing scores that are concordant with the grade 10 ELA assessment and passing scores that are comparable to the FSA Algebra 1 EOC Assessment. The effect of this change will allow the Department of Education to codify concordant and comparative passing scores in rule.

SUMMARY: The proposed rule amendment will establish concordant scores for the SAT and ACT assessments to satisfy the graduation requirement associated with the Grade 10 FSA ELA Assessment and comparative scores for the SAT and ACT assessments to satisfy the graduation requirement associated with the FSA Algebra 1 EOC Assessment. Rule language has been clarified to indicate who will be eligible for the current concordant/comparative scores and who will be eligible for the proposed concordant/comparative scores.

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 revisions relate only to establishing concordant scores for the grade FSA Grade 10 ELA assessment and comparative scores for the FSA Algebra 1 EOC Assessment; therefore, there is no direct or immediate impact on economic growth, private sector job creation, employment, or private sector investment. If there is any impact on such economic growth and private sector job creation, the impact would be positive because the establishment of rigorous yet attainable concordant/comparative scores helps ensure that students are prepared for college and careers, which, in turn, positively impacts economic growth, private sector job creation, and employment. For the same reasons, though no impact on business competitiveness is anticipated, any impact would be positive. Because the proposed rule relates only to the establishment of concordant scores for the Grade 10 FSA ELA Assessment and comparative scores for the FSA Algebra 1 EOC Assessment, it is not likely to increase regulatory costs or 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, 1008.22, 1008.25, F.S.

LAW IMPLEMENTED: 1001.02, 1008.22, 1008.25, F.S.

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

DATE AND TIME: May 16, 2018, 9:00 a.m.

PLACE: Pinellas County School Board Office: 301 4th Street SW; Largo, FL 33770.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vince Verges, Assistant Deputy Commissioner, Division of Accountability, Research, and Measurement, 325 W. Gaines Street, Suite 414, Tallahassee, Florida 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.09422 Statewide, Standardized Assessment Program Requirements.

(1) through (2) No change.

(3) The assessment program shall include comprehensive assessments in English Language Arts (ELA), Mathematics and Science, end-of-course (EOC) assessments, and pursuant to Section 1008.22(3)(e)3., F.S., retake administrations of former assessments required for graduation.

(a) through (c) No change.

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

(e) No change.

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

(4) The statewide assessment program shall be administered as follows:

(a) through (c) No change.

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

(e) Beginning with the 2011-2012 school year, all eligible students enrolled in a high school Biology 1 or equivalent course must take the Biology 1 EOC end-of-course assessment.

(f) Beginning with the 2012-2013 school year, all eligible students enrolled in a high school United States History or equivalent course must take the United States History EOC end-of-course assessment.

(g) Beginning with the 2013-2014 school year, all eligible students enrolled in a middle school civics education course must take the Civics EOC end-of-course assessment.

(h) through (j) No change.

(5) Examinee scores on the statewide ELA and Mathematics assessments shall be reported by the use of scale scores and achievement levels defined by the baseline assessment administered during the 2014-2015 school year. Examinee scores on the statewide Science assessment shall be reported by the use of scale scores and achievement levels defined by the baseline assessment administered during the 2011-2012 school year. Examinee scores on EOC end-of-course assessments shall be reported by the use of scale scores and achievement levels defined by the baseline assessment administered as follows: Algebra 1 EOC end-of-course assessment (2014-2015), Algebra 1 EOC end-of-course assessment for retake students (2010-2011), Geometry EOC end-of-course assessment (2014-2015), Biology 1 EOC end-of-course assessment (2011-2012), United States History EOC end-of-course assessment (2012-2013), and Civics EOC end-of-course assessment (2013-2014).

(a) The achievement levels for the comprehensive statewide assessments shall be as shown in the following tables.

Statewide ELA assessment developmental 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 developmental 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

Statewide Science assessment 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 end-of-course assessments shall be as shown in the following tables.

Algebra 1 EOC end-of-course 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

Geometry EOC end-of-course assessment scale scores (425 to 575) for each achievement level:

Level 1	Level 2	Level 3	Level 4	Level 5
425-485	486-498	499-520	521-532	533-575

Biology 1 EOC end-of-course assessment 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 end-of-course assessment 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 end-of-course assessment 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 shall be shown in the following tables.

Grade 10 FCAT 2.0 Reading retake scale scores (188 to 302) for each achievement level:

Level 1	Level 2	Level 3	Level 4	Level 5
188-227	228-244	245-255	256-270	271-302

Algebra 1 end-of-course assessment retake (baseline 2010-2011) scale scores (325 to 475) for each achievement level:

Level 1	Level 2	Level 3	Level 4	Level 5
325-374	375-398	399-424	425-436	437-475

(6) In accordance with Section 1008.22(3)(e)3., F.S., for students who took the statewide Grade 10 FSA ELA Grade 10 (2014-15) or FSA Algebra 1 EOC end-of-course (2014-15) assessment prior to the adoption on February 9, 2016, of the achievement levels and developmental scale scores defined herein, the alternate passing score for the Grade 10 FSA ELA Grade 10 is 349 and above, which corresponds to the passing score of 245 and above on Grade 10 FCAT 2.0 Reading retake; the alternate passing score for the FSA Algebra 1 EOC end-of-course is 489 and above, which corresponds to the passing score of 399 and above for the Algebra 1 EOC end-of-course retake (2010-11).

(7) For students who took the statewide Geometry EOC end-of-course (2014-15) prior to the adoption on February 9, 2016, of the achievement levels and developmental 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 end-of-course (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 10 Reading or ELA assessment, as appropriate, according to this subsection:

1. Beginning with students who entered grade 9 in the 2010-11 school year and ending with students who entered grade 9 in the 2017-18 school year, students and adults who have not yet earned their required passing score on the Grade 10 FCAT 2.0 Reading Assessment or the Grade 10 FSA ELA Assessment, 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 (8)(a)2. of this rule.

2. Beginning with students who entered grade 9 in the 2018-19 school year, students and adults who have not yet earned their required passing score on the Grade 10 FSA ELA Assesment, 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. 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, and 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. 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 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 9 in the 2011-12 school year and ending with students who entered grade 9 in the 2017-18 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. Beginning with students who entered grade 9 in the 2018-19 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 either the SAT or the ACT. For eligible students, the comparative passing scale score shall be a score equal to or greater than four hundred and twenty (420) on the 200 to 800 scale for the SAT Math section or equal to or greater than sixteen (16) on the 1 to 36 scale for the ACT Math 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 10 Reading, the grade 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) (8) The assessments shall be administered according to a schedule approved by the Commissioner.

(10) (9) Students with disabilities may be provided test modifications or accommodations in accordance with the provisions of Rule 6A-1.0943, F.A.C. Requirements for the alternate assessment for students with significant cognitive disabilities are established in Rule 6A-1.0943, F.A.C.

(11) (10) English Language Learners (ELLs) may be provided test accommodations in accordance with the provisions of Rule 6A-6.09091, F.A.C. Requirements for the annual English language proficiency assessment for ELLs are established in Rule 6A-6.09021, F.A.C.

Rulemaking Authority 1001.02, 1008.22, 1008.25 FS. Law Implemented 1001.02, 1001.11, 1003.4282, 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,

 

6A-1.094223 Comparative and Concordant Scores for the Statewide Assessment Program.

Rulemaking Authority 1008.22 FS. Law Implemented 1003.4282, 1008.22 FS. History–New 11-3-13, Repealed.

 

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: April 11, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 5, 2018