Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-1.09422: Florida Comprehensive Assessment Test and End-of-Course Assessment Requirements
PURPOSE AND EFFECT: The purpose of the rule amendment is to include Florida Comprehensive Assessment Test 2.0 (FCAT 2.0) Reading, Mathematics, and Algebra I End-of-Course (EOC) Assessment scale scores for grade level and achievement level as part of the rule governing the statewide assessment program. The effect will be to permit reporting of student achievement on the FCAT 2.0 Reading, Mathematics, and Algebra I EOC Assessments in achievement levels, proving a better understanding of student strengths or needs, as well as summaries of performance for use in the educational accountability system. In addition, this rule will incorporate the cut score for the Algebra I EOC Assessment that indicates if a student is high achieving and has the potential to meet college-readiness standards by the time they graduate from high school.
SUMMARY: The purpose of the rule amendment is to include the reading and mathematics grade-level scale scores for each achievement level for use in reporting student proficiency levels in reading and mathematics as part of the student achievement testing programs known as the FCAT 2.0 and Algebra I EOC Assessment.
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), F.S., and 2) based on past experiences with K-12 assessments 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), F.S.
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(3)(c)5., 1008.22(11) FS.
LAW IMPLEMENTED: 1001.02, 1001.11, 1008.22, 1008.25, 1008.33 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 5, 2011, 9:00 a.m.
PLACE: Tampa, Florida (The physical location will be posted on the Department's website no later than 14 days prior to the meeting at http://www.fldoe.org)
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sharon Koon, Assistant Deputy Commissioner, Accountability, Research, and Measurement, 325 West Gaines Street, Tallahassee, Florida, (850)245-0513 or Sharon.koon@fldoe.org

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.09422 Florida Comprehensive Assessment Test and End-of-Course Assessment Requirements.

(1) The statewide program of educational assessment required by Section 1008.22(3)(c), F.S., shall be developed under the direction and supervision of the Commissioner of Education and shall be:

(a) Kept secured at all times in accordance with the provisions of Rule 6A-10.042, F.A.C.

(b) through (5) No change.

(6) Examinee scores on the FCAT 2.0 Reading and Mathematics shall be reported by the use of scaled scores and achievement levels defined by the baseline assessment administered during the 2010-2011 school year. Examinee scores on the FCAT 2.0 Science shall be reported by the use of scaled scores and achievement levels defined by the baseline assessment administered during the 2011-2012 school year. Examinee scores on EOC assessments shall be reported by the use of scaled scores and achievement levels defined by the baseline assessment administered as follows: Algebra 1 EOC Assessment (2010-2011), Geometry EOC Assessment (2011-2012), Biology 1 EOC Assessment (2011-2012), United States History EOC Assessment (2012-2013), and Civics EOC Assessment (2013-2014). Achievement levels will range from 1 through 5, with level 1 being the lowest achievement level, level 5 being the highest achievement level, and level 3 indicating satisfactory performance on the assessment. Scoring at or above achievement level 3 on a Florida EOC Assessment indicates that a student is high achieving and has the potential to meet college-readiness standards by the time the student graduates from high school.

(a) The achievement levels for the FCAT 2.0 Reading and Mathematics shall be as shown in the following tables.

FCAT 2.0 Reading developmental scale scores (140 to 302) for each achievement level:

 

Grade          Level 1             Level 2             Level 3            Level 4             Level 5

        3              140-181           182-197           198-209           210-226           227-260

        4              154-191           192-207           208-220           221-237           238-269

        5              161-199           200-215           216-229           230-245           246-277

        6              167-206           207-221           222-236           237-251           252-283

        7              171-212           213-227           228-242           243-257           258-289

FCAT 2.0 Mathematics developmental scale scores (140 to 298) for each achievement level:

Grade          Level 1             Level 2             Level 3            Level 4             Level 5

        3              140-182           183-197           198-213           214-228           229-260

        4              155-196           197-209           210-223           224-239           240-271

        5              163-204           205-219           220-233           234-246           247-279

        6              170-212           213-226           227-239           240-252           253-284

        7              179-219           220-233           234-247           248-260           261-292

        8              187-228           229-240           241-255           256-267           268-298

(b) The achievement levels for the Algebra I EOC Assessment shall be as shown in the following table.

Algebra 1 EOC Assessment 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

(7) through (12) No change.

Rulemaking Authority 1001.02, 1008.22 FS. Law Implemented 1001.02, 1001.11, 1008.22, 1008.25, 1008.33 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,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Kris Ellington, Deputy Commissioner, Accountability, Research, and Measurement
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 26, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 19, 2011