During the 2023 Legislative Session, s. 1008.213, F.S., was created by House Bill 1597 to provide for the flexible assessment administration of the statewide, standardized assessments specified in s. 1008.22(3)(a), (b), ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.042Test Administration and Security

PURPOSE AND EFFECT: During the 2023 Legislative Session, s. 1008.213, F.S., was created by House Bill 1597 to provide for the flexible assessment administration of the statewide, standardized assessments specified in s. 1008.22(3)(a), (b), and (d), F.S., for the full-time Florida Virtual School (FLVS) student of a military family residing outside of Florida who is prevented by his or her parent’s or guardian’s out-of-state military duty station’s location from participating in a Florida-based FLVS secure and proctored exam. The purpose of this proposed amendment is to codify the requirements for how this provision for assessment flexibility must be implemented, as required by s. 1008.213(6), F.S.

SUMMARY: The proposed rule amendment adds language about education services officer test administrators as described in s. 1008.213(2), F.S., and remote test administrations, to ensure security of test administrations administered under the statutory provision.

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 amendment relates only to the test administration and security of remote test administrations offered to full-time FLVS students of a military family residing outside of Florida who is prevented by his or her parent’s or guardian’s out-of-state military duty station’s location from participating in a Florida-based FLVS secure and proctored exam; therefore, there is no impact on economic growth, private sector job creation, employment, private sector investment, or business competitiveness. The proposed rule is not expected to increase regulatory costs or any other factor listed in s.120.541(2), F.S. It 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), 1008.213(6), 1008.23(2)(b), 1008.24, F.S.

LAW IMPLEMENTED: 1008.213, 1008.23, 1008.24, 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-10.042 Test Administration and Security.

(1) Tests implemented in accordance with the requirements of Sections 1002.69, 1003.52, 1003.56, 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 (d) No change.

(e) Examinees shall not be given answers to items keys by any person.

(f) Persons who are involved in administering or proctoring the tests or persons who teach or otherwise prepare examinees for the tests, whether they be associated with a school district or educational institution under Section 1003.49, F.S., shall not participate in, direct, aid, counsel, assist in, or encourage any activity which could result in the inaccurate measurement or reporting of the examinees’ achievement.

(g) No change.

(h) During each test administration, school district, charter school sponsor, and institutional test administration coordinators and contractors employing test administrators and proctors shall ensure that required testing procedures are being followed at all test administration sites. Officials from the Department are authorized to conduct unannounced observations of test administration procedures at any test administration site to ensure that testing procedures are being correctly followed.

(i) In accordance with Section 1008.24, F.S., a school district may use district employees, such as education paraprofessionals as described in Section 1012.37, F.S.;, a licensed, certified instructor; or an education services officer test administrator as described in Section 1008.213(2), F.S., to administer and proctor statewide, standardized assessments required under Section 1008.22, F.S. All test administrators and proctors for the statewide assessments administered pursuant to Rule 6A-1.09422, F.A.C., must complete training requirements outlined in Training Requirements for Administering and Proctoring the Statewide Assessments, 2023 2015, (http://www.flrules.org/Gateway/reference.asp?No=Ref-06180) incorporated herein by reference. A copy may be obtained by contacting the Division of Accountability, Research and Measurement, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(2) Test materials, in computer-based or paper-based formats, including all test booklets and other materials containing secure test questions, answer keys, and examinee student responses, shall be kept secure and precisely accounted for in accordance with the procedures specified in the test examination program administration manuals and other communications provided by the Department. Such procedures shall include but are not limited to the following:

(a) through (f) No change.

(g) Materials for computer-based testing must be kept in a secure manner. Such materials include but are not limited to test tickets, ancillaries, and scratch paper or planning sheets.

(3) In those situations where an employee of the educational institution, school district, or contractor, or an education services officer, or an employee of the Department suspects an examinee student of cheating on a test or suspects other violations of the provisions of this rule, a report shall be made to the department or test support contractor, as specified in the test administration procedures, within ten (10) calendar days. The report shall include a description of the incident, the names of the persons involved in or witness to the incident, and other information as appropriate. Officials from the Department are authorized to conduct additional investigations.

(4) No change.

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

(a) School districts and educational institutions must require the contractor to provide a safe and comfortable facility that does not interfere with an examinee’s student’s ability to demonstrate mastery on the tests.

(b) through (c) No change.

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

(e) No change.

(6)(a) A Florida Virtual School full-time student of a military family residing outside of Florida who is prevented by his or her parent’s or guardian’s out-of-state military duty station’s location from participating in statewide assessment in Florida must be offered flexibility with respect to remote administration of the statewide, standardized assessments set forth in Section 1008.22(3)(a), (b), and (d), F.S. In order to grant this flexibility, the student’s parent or guardian must submit to Florida Virtual School a written request for flexibility in the assessment administration(s) no later than ninety (90) days before the current school year’s assessment administration(s) for which the request is made.  The request must include written, official documentation of the family’s current out-of-state military duty stationing.

(b) As soon as practicable upon receipt of the parent or guardian’s request, Florida Virtual School must verify the student’s parent or guardian’s military stationing through documentation of official orders issued by the military and submit to the Department a recommendation of approval or denial of the request. The recommendation must be submitted in a secure manner as directed by the Department and must contain the following information:

1. Student name, date of birth, and Florida Education Identifier (FLEID) Number;

2. Subject test(s) to be administered;

3. Proposed date(s) of the administration(s);

4. Description of the secure location where testing will take place;

5. Name and position of the test administrator who will give the assessment;

6. Details of when training for the test administrator will or has taken place; and

7. Confirmation by Florida Virtual School of military order.

(c) Within fourteen (14) days of Florida Virtual School’s recommendation, the Department must verify the documented information from the Florida Virtual School and notify Florida Virtual School of the grant or denial of the request.

(d) Upon receipt of the Department’s determination, Florida Virtual School must notify the parent or guardian whether the request is granted or denied. 

(e) If the request is granted, the assessment(s) must be administered securely as set forth in this rule, at the student’s parent or guardian’s current military duty station in accordance with Sections 1008.213 and 1008.22, F.S. The assessment(s) must be administered by a licensed, certified instructor or an education services officer test administrator who meets the criteria specified in Section 1008.24(3)(a), F.S. Florida Virtual School is responsible for the following:

1. Ensuring that the test administration takes place in a secure location, with a device that has the secure browser installed;

2. Training the test administrator according to the requirements listed in paragraph (1)(i);

3. Providing or securing the testing device and a device for the test administrator to use during testing;

4. Ensuring that the testing device is prepared according to the contractor’s technical specifications;

5. Overseeing the administration, including providing any needed test materials, as outlined in the test administration manual; and

6. Collecting required administration information, as outlined in the test administration manual.

Rulemaking Authority 1001.02, 1003.49, 1008.23, 1008.24 FS. Law Implemented 1003.49, 1008.213, 1008.22, 1008.23, 1008.24 FS. History–New 7-5-87, Amended 10-26-94, 11-3-13, 1-7-16, 3-15-22,

 

 

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 01, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 17, 2023