Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-4.00821: Florida Educational Leadership Examination
PURPOSE AND EFFECT: The purpose of this rule amendment is to adopt new competencies and skills for the Florida Educational Leadership Examination (FELE). The effect of these changes will be updated competencies and skills for the FELE, updated language related to test delivery format, modification of language related to disabilities accommodations, and the addition of language related to setting transitional passing scores.
SUMMARY: The rule is proposed for amendment to adopt the Competencies and Skills Required for Certification in Educational Leadership in Florida, Fourth Edition, updated language related to test delivery format, modification of language related to disabilities accommodations, and establishment guidelines for setting transitional passing 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: 1) no requirement for SERC was triggered under Section 120.541(1), Florida Statutes, and; 2) based on past experiences with the FELE rule 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: 1012.56(9), Florida Statutes.
LAW IMPLEMENTED: 1012.56, Florida Statutes.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 6, 2012, 9:00 a.m.
PLACE: Boca Raton High School, 1501 NW 15th Ct., Boca Raton, FL.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Phil Canto, Chief, Bureau of Postsecondary Assessment, Office of Assessment, Division of Accountability, Research, and Measurement, 325 W. Gaines Street, Suite 414, Tallahassee, FL 32399, (850) 245-0513.

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-4.00821 Florida Educational Leadership Examination.

(1) Scope. This rule governs the written examination for certification in Educational Education Leadership. Additional requirements for certification in Educational Leadership are specified in Rule 6A-4.0082, F.A.C.

(2) Description of the examination and competencies to be demonstrated.

(a) The Florida Educational Leadership Examination shall be developed by the Commissioner of Education.

(b) Before January 1, 2014 2009, the written examination shall contain multiple-choice questions and a performance assessment associated with the Florida Principal Leadership Standards specified in Rule 6A-5.080, F.A.C., effective May 24, 2005, in the areas of:

1. Instructional Leadership, School communications. This subtest shall contain an essay and multiple-choice questions in communications.

2. Operational Leadership, and School management. This subtest shall contain multiple-choice questions covering management, leadership, and personnel.

3. School Leadership School operations. This subtest shall contain multiple-choice questions covering law, finance, curriculum, and technology.

(c) Beginning January 1, 2014 2009, the written examination shall contain multiple-choice questions and a performance assessment associated with the Florida Principal Leadership Standards specified in Rule 6A-5.080, F.A.C., effective December 20, 2011, in the areas of:

1. Leadership for Student Learning, Instructional Leadership.

2. Organizational Development, and Operational Leadership.

3. Systems School Leadership.

(d) Before January 1, 2014 2009, the competencies to be demonstrated by means of a written examination are contained in the publication “Competencies and Skills Required for Certification in Educational Leadership in Florida, Third Edition 2008 Second Edition 2002,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-01709) which is hereby incorporated by reference and made a part of this rule. Copies of this publication may be obtained from the Department’s website at http://www.fldoe.org/asp/fele/felecomp.asp of Education, Office of Assessment, 325 West Gaines Street, Tallahassee, Florida 32399, at a price to be established by the Commissioner not to exceed actual cost.

(e) Beginning January 1, 2014 2009, the competencies to be demonstrated by means of a written examination are contained in the publication “Competencies and Skills Required for Certification in Education Leadership in Florida, Fourth Edition 2012 Third Edition 2008,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-01708) which is hereby incorporated by reference and made a part of this rule. Copies of this publication may be obtained from the Department’s website at http://www.fldoe.org/asp/fele/felecomp.asp of Education, Office of Assessment, 325 West Gaines Street, Tallahassee, Florida 32399, at a price to be established by the Commissioner not to exceed actual cost.

(3) Administration of the examination.

(a) The examination shall be administered by a test administration agency or agencies under contract with the Florida Department of Education.

(b) The examination shall be administered at least two (2) times each year. The Commissioner of Education shall establish the examination dates each year, which may include additional test administrations.

(c) The examination shall be administered at sites centers designated by the Commissioner of Education.

(d) An examinee may retake a failed examination provided at least thirty (30) calendar days have elapsed since the previous administration of the failed examination.

(4) Registration, late registration, and refunds.

(a) Registration for the examination shall be for the initial examination or for one (1) or more subtests not previously passed. To register to take the examination, an applicant shall submit a completed application to the test administration agency. The completed application shall be received by the test administration agency at least fifty (50) days preceding the examination date.

1. A completed application shall consist of the following:

1. a. A completed application Form CG-20-04, Registration Application: Certification Examinations for Florida Educators, which includes the applicant’s signature. Form CG-20-04 is hereby incorporated by reference and made a part of this rule to become effective September 1, 2009. This form may be obtained without cost from the Office of Assessment Bureau of Educator Certification, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399 or online via the Florida Teacher Certification Examinations/Florida Educational Leadership Examination Program website Web site at http://www.fldoe.org/asp/fele/default.asp.

2. b. Before September 1, 2009, an eighty-five (85) dollar first-time registration fee and a one hundred (100) dollar fee for each retake registration. Beginning with the effective date of this rule, A a two hundred fifteen (215) dollar fee for each first-time registration or and a two hundred twenty-five (225) dollar fee for each retake registration.

c. A charge of one hundred (100) dollars in addition to the fees described in sub-subparagraph 6A-4.0021(4)(a)1.b., F.A.C., for certification applicants taking a supplemental examination.

2. An incomplete application shall be returned to the applicant. Applications which are completed and resubmitted to the test administration agency after the fifty (50) day deadline shall be acceptable only if the applicant complies with requirements specified in paragraph 6A-4.00821(4)(b), F.A.C.

(b) Late registration for the examination shall be for the initial examination or for one (1) or more subtests not previously passed. An applicant who did not submit a completed application to the test administration agency within the fifty (50) day deadline may register for the examination by completing the requirements listed in subparagraph 6A-4.00821(4)(a)1., F.A.C., and submitting a thirty (30) dollar late charge. All items shall be received by the test administration agency at least thirty (30) days preceding the examination date. Late registration shall be accepted on a space available basis.

(bc) Refunds. Fees may shall be refunded provided written requests for refunds are received by the test administration agency at least twenty-four (24) hours thirty (30) days preceding the examination date. Failure to appear for or to complete an examination shall result in forfeiture of fees.

(5) Admission. The test administration agency shall provide each applicant with an admission ticket specifying the examination site, date, center and the time of the examination. The admission ticket and other identification are required for entrance into the examination site center. The other identification shall be specified on the admission ticket. An applicant who arrives after the examination has begun shall not be admitted until the start of the next subtest of the examination.

(6) Examinee with a disability, handicapped. An applicant who is unable to complete the examination under standard testing conditions because of a disability handicap may request special arrangements. Such a request shall be made when the examination application is submitted. Lack of proficiency in the English language alone shall not be acceptable as a justifiable reason for requesting a reader or extra time for an examinee. Special arrangements shall be provided for applicants with disabilities handicapping conditions.

(a) Persons requesting special arrangements must be certified as having a disability by a licensed psychologist or physician. Such documentation shall have been completed within the previous three (3) years and must be received on official letterhead stationery. In the absence of such certification, the applicant may submit documentation of accommodations provided for a disability during the applicant’s baccalaureate or graduate degree program. Any documentation submitted must describe the disability and the accommodations made necessary by the disability.

(b) Appropriate special arrangements for testing shall be provided, where necessary, to afford an individual with a disability an equal opportunity to participate. In determining the type of special arrangement to be provided, primary consideration shall be given to the requests of the individual with the disability. However, if it can be demonstrated that special arrangements that are equally effective as those requested are available at less cost or are more readily available, the Department may provide the less expensive or more readily available means of special arrangements for testing.

(c) In no case shall the modifications authorized herein be interpreted or construed as an authorization to provide a person with assistance in determining the answer to any examination item.

(d) Nothing in this rule shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under this rule which the individual chooses not to accept.

(e) This rule does not require the Department to provide individuals with disabilities with personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use for study; or services of a personal nature including assistance in eating, toiletry, or dressing.

(f) Test accommodation appeals procedure. An examinee who is denied test accommodations may appeal the denial to the Commissioner of Education. Such appeal may necessitate testing at a later date.

(7) Scoring of the examination.

(a) If the State Board of Education revises the competencies and skills for an examination and the revisions require the State Board of Education to modify the passing scores, until the State Board adopts the modifications by rule, the Commissioner shall use calculations for scoring the assessment which adjust scores on the revised examination for statistical equivalence to scores on the former examination.

(b)(a) Prior to July 1, 1988, a score earned on the Florida Educational Leadership Examination shall be considered a passing score and shall be valid for Educational Leadership certification application for a period of two (2) years from the test administration date. Applicants for the Educational Leadership certificate shall be required to present a score report to the Florida Department of Education when applying for the certificate.

(c)(b) Beginning July 1, 1988, through though December 31, 2008, a passing score for each subtest of the Florida Educational Leadership Examination shall be:

1. School Communications. Examinee scores for the school communications subtest shall be reported as an average scaled score combining the scaled score from the essay test and the scaled score from the multiple-choice questions. The passing score shall be the scaled score equivalent to the combination of the essay total raw score of four (4) and a multiple-choice total raw score of fifteen (15) on the November, 1987 administration of the subtest.

2. School Management. Examinee scores for the school management subtest shall be reported as a scaled score. The passing score shall be the scaled score equivalent to a total raw score of sixty-nine (69) on the November, 1987 administration of the subtest.

3. School Operations. Examinee scores for the school operations subtest shall be reported as a scaled score. The passing score shall be the scaled score equivalent to a total raw score of ninety-one (91) on the November, 1987 administration of the subtest.

(d)(c) The subtest score scales for administrations of the examination from July 1, 1988, through December 31, 2008, shall be equated to the November, 1987 subtest administration.

(e)(d) Effective January 1, 2009, a passing score for each subtest of the Florida Education Leadership Examination (Instructional Leadership, Operational Leadership, and School Leadership) shall be:

1. Instructional Leadership. Examinee scores for the instructional leadership subtest shall be reported as a scaled score. The passing score shall be a scaled score of two hundred (200).

2. Operational Leadership. Examinee scores for the operational leadership subtest shall be reported as a scaled score. The passing score shall be a scaled score of two hundred (200).

3. School Leadership. Examinee scores for the school leadership subtest shall be reported as a scaled score which is the combination of the scaled score from the written performance assessment and the scaled score from the multiple-choice questions. The written performance assessment shall be weighted thirty (30) percent and the multiple-choice questions shall be weighted seventy (70) percent when determining the combined scaled score. The passing score shall be a combined scaled score of two hundred (200).

(8) Written Performance Assessment.

(a) Raters Judges. The test scoring agency shall appoint persons to score judge the written performance assessment of the school leadership subtest who have demonstrated through prior experience unusual success as educational leaders, instructional leaders, or school building administrators.

(b) Chief Raters Referees. The chief raters referees shall be raters judges who have demonstrated through prior experience unusual success as educational leaders, instructional leaders, or school building administrators and have demonstrated success as raters.

(9) Score reports.

(a) A properly authenticated score report is defined as the original score report issued directly by the test administration agency without any qualification, reservation, or irregularity.

(b) The examinee shall be sent an two (2) authenticated score reports. In addition, a score report may be issued by the test administration agency without a fee to one (1) Florida college or university and to one (1) Florida school district provided the examinee identifies the recipient or recipients of the score report at the time of registration on form CG-20-04, Registration Application: Certification Examinations for Florida Educators.

(c) Official documentation of scores earned on each subtest of the examination for an Educational Leadership certificate shall be the original authenticated score report or a duplicate authenticated score report as described in paragraphs 6A-4.00821(9)(a) and (e), F.A.C.

(d) After July 1, 1988, scores shall be reported as Pass or Fail for each subtest. The Commissioner of Education may provide additional score information to the examinee.

(e) An examinee may obtain a duplicate authenticated score report for a test administration by filing a written request and a fee. A fee is required for each score report that is requested. The fee shall be that amount necessary for the test administration agency to perform the service as agreed in the contract between the agency and the Florida Department of Education.

(10) Review.

(a) Requests for Score Manual Scoring and Verification. An examinee who fails one (1) or more subtests of the examination may file a written request with the test administration agency for manual scoring of the multiple-choice section of a subtest which was failed. A written request may also be made to verify the scores for the failed subtest(s), including performance assessments, computer-based tests and performance components to ensure that the subtest(s) were scored scores assigned were recorded accurately. The request shall be filed no later than thirty (30) days after the date the score report was released mailed by the test administration agency. The fee for score manual scoring, verification, or both, of one (1) or more subtests shall be that amount necessary for the test administration agency to perform the service as agreed in the contract between the agency and the Florida Department of Education. The test administration agency shall notify the examinee of the results of the request within thirty (30) days of receipt of the request and fee.

(b) Score Verification Sessions. An examinee who fails one (1) or more subtests of the examination may review only those incorrect test items contained within each subtest that was failed and bring to the Florida Department of Education’s attention any scoring errors which may result in a passing score. The procedures for test review are as follows:

1. The examinee shall register for a score verification session within thirty (30) days of the date the score report was released mailed by the test administration agency. At least thirty (30) days shall have elapsed from the administration of the failed examination before an examinee may attend a score verification session.

2. A processing fee is required for each score verification session. The fee shall be the amount necessary for the test administration agency to perform the services agreed in the contract between the agency and the Florida Department of Education.

3. The examinee shall be provided an admission ticket that contains the location, date and time for the examinee’s score verification session.

4. During the score verification session, the examinee shall file with the Florida Department of Education via the test administration agency a statement of specific scoring errors which may result in a passing score.

5. The Florida Department of Education shall review test items, verify examination keys, and consult with field-specific subject matter experts as needed.

6. The Commissioner of Education shall notify the individual of the action on the statement of scoring errors no later than thirty (30) days from receipt of the statement.

7. An examinee may retake a failed subtest that was reviewed provided at least thirty (30) days have elapsed since the date of the review. If an examinee takes any a subtest, including computer-based administrations, that was reviewed within thirty (30) days of the test date, the subtest will be invalidated.

Rulemaking Authority 1012.56, 1012.59 FS. Law Implemented 1012.56 FS. History–New 12-25-86, Amended 1-11-89, 5-19-98, 10-6-99, 7-17-00, 7-16-01, 3-24-02, 10-17-02, 3-24-03, 7-21-03, 6-22-04, 5-19-08, 7-21-08, 9-6-09,


NAME OF PERSON ORIGINATING PROPOSED RULE: Jane Fletcher, Interim Deputy Commissioner, 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: September 25, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 14, 2012