Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-10.0315: College Preparatory Testing, Placement, and Instruction
PURPOSE AND EFFECT: The purpose of this rule amendment is to address revisions made in 2011 to Section 1008.30, Florida Statutes, and to include the Postsecondary Education Readiness Test (P.E.R.T.), a newly implemented college preparatory test in the Florida College System.
SUMMARY: The P.E.R.T. is being added as a college preparatory test, retest policies are being established and the requirements resulting from 2011 legislation for high school testing and postsecondary preparatory instruction are being aligned with 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: 1) no requirement for SERC was triggered under Section 120.541(1), Florida Statutes, and 2) based on past experiences with college preparatory testing and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.
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: 1008.30 FS.
LAW IMPLEMENTED: 1008.30 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 15, 2011, 9:00 a.m.
PLACE: Andrew Jackson High School, 3816 N. Main St., Jacksonville, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Alexander, Associate Vice Chancellor for Learning Initiatives, The Florida College System, 325 West Gaines Street, Room 1532G, Tallahassee, FL 32399, julie.alexander@fldoe.org

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-10.0315 College Preparatory Testing, Placement, and Instruction.

(1) For admissions after October 1, 1991, for enrollment for the academic terms beginning January 1992 through July 31, 1995, first-time-in-college applicants for admission to community colleges and universities who apply to enter degree programs shall be tested for reading, writing, and mathematics proficiency prior to the completion of registration, using one (1) or more of the tests listed in this subsection, and shall enroll in college preparatory communication and computation instruction if the test scores are lower than those listed below.

(a) ACT Assessment, American College Testing Program.

 

Composite

14

English

15

Mathematics

13

 

(b) Enhanced ACT, American College Testing Program.

 

Reading

16

English

16

Mathematics

16

 

(c) SAT, The College Board.

 

Verbal

340

TSWE

31

Mathematics

400

 

(d) SAT I, The College Board administrations between March 1, 1994, and March 31, 1995.

 

Verbal

340*

Mathematics

400

Administrations after March 31, 1995.

 

Verbal

420*

Mathematics

440

 

*Students with scores below the cut score on the verbal subtest of the SAT I shall be considered to have fallen below the cut score in both reading and writing for placement and reporting purposes.

(e) MAPS, The College Board.

 

Reading Comprehension

13

TSWE

31

Elementary Algebra

209

 

(f) New MAPS, The College Board.

Reading Comprehension                                                109

Conventions of Written English                                   311

Elementary Algebra                                                         613

(g) CPT, Computerized Placement Tests, The College Board.

Reading Comprehension                                                72

Sentence Skills                                                                 78

Elementary Algebra                                                         51

(h) ASSET, American College Testing Program.

Reading Skills                                                                   22

Language Usage                                                              43

Elementary Algebra                                                         12

(i) New ASSET, American College Testing Program.

Reading Skills                                                                   37

Writing Skills                                                                    37

Elementary Algebra                                                         37

(2) For admissions beginning August 1, 1995, first-time-in-college applicants for admission to community colleges and universities who apply to enter degree programs shall be tested for reading, writing, and mathematics proficiency prior to the completion of registration, using the Florida College Entry-Level Placement Test. Students earning scores less than those listed below shall enroll in college preparatory communication and computation instruction:

                                                                                Standard Score

(a) Reading Comprehension                                           72

(b) Sentence Skills                                                           78

(c) Elementary Algebra                                                   51

(1)(3) For admissions beginning with the academic term in the fall 1996, first-time-in-college degree seeking students and students who have not met college level competency either through the completion of developmental education requirements in the Florida College System or have not been awarded credit for college level coursework in the area of deficiency applicants for admission to community colleges and universities who apply to enter degree programs shall be tested for reading, writing, and mathematics proficiency prior to the completion of initial registration, using the Florida Postsecondary Education Readiness College Entry-Level Placement Test. Students earning scores less than those listed below shall enroll in college preparatory communication and computation instruction in the area of the deficiency:

                                                                                Standard Score

(a) Reading Comprehension                                           104 83

(b) Writing Sentence Skills                                             99 83

(c) Mathematics Elementary Algebra                           113 72

(4) Community colleges and universities shall have the option of delaying implementation of the provisions of subsection (3) of this rule upon notification by the president of the institution to the Commissioner. No institution shall be permitted to exempt the provisions of subsection (3) of this rule for more than one (1) academic year, and no exemptions may be in effect past June 30, 1997.

(5) Community colleges and universities may identify optional placement tests to supplement those listed in subsection (2) of this rule that may be useful. If such optional tests are identified, each institution shall be responsible for designating the scores that will be used for placement purposes and the courses into which the student will be placed.

(6) For admissions prior to the fall 2000 academic term, students who present scores on either the College Board’s SAT-I or the American College Testing Program’s Enhanced ACT test that meet or exceed the scores shown below, may be exempted from taking the Florida College Entry-Level Placement Test at the option of the president of the community college or university:

                                                                                Standard Score

SAT-I, The College Board

Verbal                                                                                 420

Mathematics                                                                     440

Enhanced ACT, American College Testing Program

Reading                                                                             16

English                                                                               16

Mathematics                                                                     16

(2)(7) Students For admissions beginning with the academic term in the fall of 2000, students who present scores on either the College Board’s Accuplacer or SAT-I or the American College Testing Program’s Enhanced ACT test that meet or exceed the scores shown below, are may be exempted from taking the Florida Postsecondary Education Readiness College Entry-Level Placement Test at the option of the president of the community college or university:

                                                                                Standard Score

Accuplacer, The College Board

Reading Comprehension                                                83

Writing Skills                                                                    83

Elementary Algebra                                                         72

SAT-I, The College Board

Verbal                                                                                 440

Mathematics                                                                     440

Enhanced ACT, American College Testing Program

Reading                                                                             18

English                                                                               17

Mathematics                                                                     19

(8) Community colleges and universities may negotiate agreements with local school districts to permit, on a voluntary basis, high school students to take the Florida College Entry-Level Placement Test at the beginning of the tenth grade before enrollment in the eleventh grade for the purpose of obtaining remedial instruction prior to entering postsecondary education.

(9) Each community college president shall negotiate agreements with its local service area school district to permit the Florida College Entry-Level Placement Test to be administered to high school students. The agreement shall provide the opportunity for students to have the option of taking the Placement Test at the beginning of the tenth grade for the purpose of obtaining counseling regarding future college and career planning and for the purpose of providing remedial instruction that may be appropriate. High school eleventh or twelfth grade students also may be given the option of taking the Placement Test.

(10) Each state public university president may negotiate an agreement with local school districts to permit the Florida College Entry-Level Placement Test to be administered to high school students. The negotiations with the school district shall take into consideration any previous or anticipated agreement negotiated by the community college president as described in subsection (9) of this rule to minimize any confusion in the administration of the test to high school students. The agreement negotiated by a university president shall be subject to the conditions of subsections (11) and (12) of this rule except that the test administration responsibilities would be assumed by the university.

(11) The agreement shall provide for the administration of the Placement Test under the control and supervision of the community college. The agreement shall incorporate plans to administer the Placement Test according to specifications developed by the Commissioner. These specifications shall include how the test is to be administered, when, to whom, at what cost, how the costs will be paid, and how the test results will be reported.

(12) The agreement shall be sent to the Commissioner for review and approval prior to implementation. If the agreement does not adhere to the specifications defined in subsection (11) of this rule, it shall not be approved.

(3) School districts must administer the Florida Postsecondary Education Readiness Test to high school students who meet the criteria established in Section 1008.30(3), Florida Statutes. High school students are exempt from payment for tests administered pursuant to Section 1008.30(3), Florida Statutes. Students who do not meet or exceed the scores established in subsections (1) and (2) of this rule must complete postsecondary preparatory instruction prior to high school graduation. Students who complete the postsecondary preparatory instruction required in Section 1008.30(3), Florida Statutes, will have completed an alternative remediation opportunity. Completion of alternative remediation in high school does not satisfy the requirement for demonstrating college readiness or completing college preparatory instruction. A student will be required to retest after alternative remediation and meet or exceed the scores established in subsection (1) or (2) of this rule to avoid required enrollment in college preparatory communication and computation instruction in accordance with subsection (1) of this rule.

(4)(13) Nothing provided in subsection (1) of this rule 6A-10.0315(1), F.A.C., shall be construed to prevent the enrollment of a student in college preparatory instruction if the Florida College System institution community college or university determines that such enrollment would enhance the student’s opportunity for future academic success. The determination of enrollment would be made after counseling with the student and the analysis and consideration of other assessment techniques and measurements, which may include transcripts, grade evaluations, diagnostic, placement or psychological instruments, or other proven indicators or predictors of academic performance. Students who are initially placed in college preparatory instruction and subsequent performance indicates the students have been misplaced may be moved into college level courses if they meet the requirements of paragraph (19)(b) of this rule.

(5)(14) Students whose first language is not English may be placed in college preparatory instruction prior to the testing required herein, if such instruction is otherwise demonstrated as being necessary. Such students shall not be exempted from the testing required herein.

(15) Test modifications and exemptions in subsection 6A-10.0311(5), F.A.C., shall apply in the case of applicants with records of physiological disorders.

(6)(16) Institutions affected by this rule shall accept the highest test scores on any one of the tests or combination of tests identified in subsections (1) and (2) of this rule. 6A-10.0315(1), F.A.C., Individual student scores shall be valid for two (2) years.

(7) A high school students has a maximum of two (2) attempts on the Florida Postsecondary Education Readiness Test.

(8) A degree seeking student at a Florida College System institution has a maximum of two (2) attempts on the Florida Postsecondary Education Readiness Test or other test listed in subsection (2) of this rule. Requests for additional attempts must be approved by the college’s designated administrator per written Florida College System institution policy. Testing required pursuant to Section 1008.30(3), Florida Statutes, shall be exempted from the maximum number of attempts allowed under this subsection.

(9) Prior to administering a retest, the test administrator must require documentation from the student that verifies alternative remediation has occurred since the prior attempt. Alternative remediation opportunities shall be identified and included in a written Florida College System institution policy.

(10)(17) During their first term, full-time students who are registered for at least twelve (12) credits, shall begin competency-based preparatory instruction based on the placement test results. Part-time students shall enroll prior to completing twelve (12) credits.

(11)(18) Students shall not enroll for more than three (3) attempts in each course to complete college preparatory instruction. Students who withdraw from a course under major extenuating circumstances may be granted an exception. Such exceptions require approval under guidelines established by the Florida College System institution boards of trustees or the Board of Regents. Students enrolled in English as a second language may be exempted from this limitation based on a plan submitted by the institution and approved by the Board of Regents or the State Board of Community Colleges for their respective institutions.

(19) Uniform standards for completion of competency-based college preparatory instruction shall correspond to those listed herein for placement in college credit instruction. Once competence has been certified, other public community colleges and universities shall accept the certification upon student transfer. Competence shall be certified upon:

(a) Successful completion of courses in which the competencies specified in subparagraph 6A-10.033(1)(c)1., F.A.C., are taught, and

(b) Passing a criterion-referenced assessment which tests the competencies specified in subparagraph 6A-10.033(1)(c)1., F.A.C., or

(20) Students enrolled in college preparatory instruction shall be permitted to take courses concurrently in other curriculum areas for which they are qualified. Pursuant to Section 1008.30(4), Florida Statutes, students who test into college preparatory instruction and subsequently enroll in college preparatory instruction must successfully complete the required college preparatory studies by the time they have accumulated twelve (12) hours of college credit coursework or they must maintain continuous enrollment in college preparatory coursework each semester until the requirements are completed while performing satisfactorily in the degree earning coursework.

(a) College preparatory students may not enroll in the following categories of college credit courses while completing their college preparatory coursework:

1. College preparatory students who are deficient in mathematics may not enroll in any mathematics courses that meet the requirements of Rule 6A-10.030, F.A.C., or other courses that require mathematics skills that are beyond the skill level of the student.

2. College preparatory students who are deficient in English and/or reading skills may not enroll in English or humanities courses that meet the requirements of Rule 6A-10.030, F.A.C., or other courses that require communication skills that are beyond the skill level of the student.

3. College preparatory students who are deficient in all three (3) areas may enroll in college-level courses such as orientation courses, college success courses, or other courses that are not dependent on college-level computation and communication skills.

(12)(21) The Commissioner shall report to the State Board of Education by November 30 each year the results of the common placement testing.

Rulemaking Specific Authority 1001.02(6), 1008.30(3) FS. Law Implemented 1001.02, 1008.30 FS. History–New 7-15-84, Amended 6-6-85, Formerly 6A-10.315, Amended 5-17-88, 7-25-91, 10-18-94, 8-28-95, 6-25-96, 3-28-00,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Will Holcombe, Chancellor, The Florida College System
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 03, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 9, 2011