RULE NO: RULE TITLE
6A-6.054: K-12 Student Reading Intervention Requirements
PURPOSE AND EFFECT: The purpose of the rule is to provide criteria for reading intervention for students in grades K-12 as required by Section 1008.25, Florida Statutes. The effect of the rule is to establish criteria for diagnosing and meeting the varying instructional needs of students reading below grade level and for students who score below levels of performance on statewide assessments. The rule will also establish criteria for designing and offering reading courses for middle and high school students scoring at Levels 1 or 2 on the Florida Comprehensive Assessment Test in reading pursuant to the comprehensive reading plan required by Section 1011.62(9), Florida Statutes.
SUMMARY: This rule outlines requirements for assessment, curriculum, and instruction for elementary, middle, and high school students who show deficiencies in reading; provides scheduling and content requirements for reading intervention.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1001.02(2), 1001.215(5), (6), 1003.4156(1)(b), 1003.428(2)(b)2.c., 1008.25(2)(b), (4), (5) FS.
LAW IMPLEMENTED: 1001.215, 1003.4156, 1003.428, 1008.25 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 15, 2008, 8:30 a.m.
PLACE: 325 West Gaines Street, Department of Education, Tallahassee, Florida 32399-0400
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Evan Lefsky, Executive Director, Just Read, Florida!, Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400, (850)245-9699

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.054 K-12 Student Reading Intervention Requirements.

(1) Elementary Assessment, Curriculum, and Instruction.

(a) Pursuant to Section 1008.25, Florida Statutes, any elementary student who exhibits a substantial deficiency in reading based upon locally determined assessments, statewide assessments, or through teacher observations must be given intensive reading instruction immediately following the identification of the reading deficiency. For elementary students not participating in the statewide reading assessment, substantial deficiency in reading must be defined by the district school board. For students required to participate in the statewide assessment, a substantial deficiency in reading is defined by scoring Level 1 or Level 2 on the Florida Comprehensive Assesment Test (FCAT) in Reading. Students who exhibit a substantial deficiency in reading must be provided with additional diagnostic assessments to determine the nature of the student’s difficulty, the areas of academic need, and strategies for appropriate intervention and instruction.

(b) Immediate intensive intervention must be provided daily for all students who have been identified with a reading deficiency. This intervention must be in addition to or as an extension of the ninety (90) minute reading block in a smaller group size setting or one on one. The student must continue to be provided with intensive reading instruction until the reading deficiency is remedied.

(2) Middle School Assessment, Curriculum, and Instruction.

(a) Pursuant to Section 1003.4156, Florida Statutes, middle school students who score at Level 1 on FCAT Reading are required to complete an intensive reading course. Those students who score at Level 2 must be placed in an intensive reading course or a content area reading intervention course.

(b) Middle school students who score at Level 1 or Level 2 on FCAT Reading and have intervention needs in the areas of decoding and/or fluency must have an extended block of reading intervention. This may occur through a double block of intensive reading or by blocking together a class of “Intensive Reading” with another subject area class. This block of time must be taught by the same teacher. This teacher must have the Reading Endorsement or Certification in Reading (Grades K-12). Teachers of sixth grade students may be certified in Elementary Education. Classroom infrastructure (class size, materials, etc.) must be adequate to implement the intervention course. This intervention course should include on a daily basis:

1. Whole group explicit instruction;

2. Small group differentiated instruction;

3. Independent reading practice, utilizing classroom library materials, monitored by the teacher;

4. Infusion of Sunshine State Standard (SSS) benchmarks specific to the subject area blocked with the intensive reading course (biology, world history, etc.); and

5. A focus on informational text at a ratio matching FCAT.

(c) Districts must establish criteria beyond FCAT for placing students into different levels of intensity for reading intervention classes to meet individual instructional needs of students. Districts must determine fluency assessments and benchmark criteria for placement of students requiring additional instructional time in reading intervention. Examples include data from screenings, progress monitoring and diagnostic assessments already in use in the district, as well as teacher recommendation. Schools must diagnose specific reading deficiencies of students scoring at Level 1 and Level 2 on FCAT Reading.

(d) Districts may serve fluent Level 2 students in content area classes through a content area reading intervention. Teachers of these classes must complete the one hundred fifty (150) hour Content Area Reading Professional Development (CAR-PD) package or have the Reading Endorsement or Certification in Reading (Grades K-12). Classroom infrastructure (class size, materials, etc.) must be adequate to implement the content area reading intervention course.This intervention course should include on a daily basis:

1. Whole group explicit instruction;

2. Small group differentiated instruction;

3. Independent reading practice, utilizing classroom library materials, monitored by the teacher;

4. Infusion of SSS benchmarks specific to the subject area (biology, world history, etc.); and

5. A focus on informational text at a ratio matching FCAT.

(e) Schools must progress monitor students scoring at Level 1 and 2 on FCAT Reading a minimum of three (3) times per year. This should include a baseline, midyear, and end of the year assessment.

(f) Based on the following schedules, reading intervention requirements are listed below if not provided through a content area course for fluent Level 2 students:

1. FCAT Reading Level 1 and Level 2 Fluent:

a. Traditional schedule: daily 36 weeks, 1 period.

b. 4x4 schedule: daily 18 weeks.

c. Alternate day block: every other day 36 weeks.

2. FCAT Reading Level 1 and Level 2 Disfluent:

a. Traditional schedule: daily 36 weeks, 2 periods.

b. 4x4 schedule: daily 36 weeks.

c. Alternative day block: daily 36 weeks, 2 periods – blocked.

3. Other schedule types should provide comparable instructional time for students.

(g) End-of-year assessments should be used to determine specific areas of student reading difficulty and reading intervention placement.

(h) One of the following courses as listed in the 2008-2009 Course Code Directory incorporated in Rule 6A-1.09441, F.A.C., must be used to provide reading intervention to all middle school Level 1 students and those Level 2 students not being served through a content area reading intervention course (all courses require Reading Endorsement or Certification in Reading (Grades K-12):

1. 1000000 M/J INTENSIVE LANGUAGE ARTS

2. 1000010 M/J INTENSIVE READING

3. 1000020 M/J INTENSIVE READING & CAREER PLANNING

4. 1002180 M/J DEVELOPMENTAL LANGUAGE ARTS THROUGH ESOL (MC)

5. 7810020 READING: 6-8

(3) High School Assessment, Curriculum, and Instruction.

(a) Pursuant to Section 1003.428, Florida Statutes, high school students who score at Level 1 on FCAT Reading are required to complete an intensive reading course. Those students who score at Level 2 must be placed in an intensive reading course or a content area reading intervention course.

(b) High school students who score at Level 1 or Level 2 on FCAT Reading and who have intervention needs in the areas of decoding and/or fluency must have an extended block of reading intervention. This may occur through a double block of intensive reading or by blocking together a class of “Intensive Reading” with another subject area class. This block of time must be taught by the same teacher. This teacher must have the Reading Endorsement or Certification in Reading (Grades K-12). Classroom infrastructure (class size, materials, etc.) must be adequate to implement the intervention course. This reading intervention course should include on a daily basis:

1. Whole group explicit instruction;

2. Small group differentiated instruction;

3. Independent reading practice, utilizing classroom library materials, monitored by the teacher;

4. Infusion of SSS benchmarks specific to the subject area blocked with the intensive reading course (biology, world history, etc.); and

5. A focus on informational text at a ratio matching FCAT.

(d) Districts may serve fluent Level 2 students in content area classes through a content area reading intervention. Teachers of these classes must complete the 150 hour Content Area Reading Professional Development (CAR-PD) package or have the Reading Endorsement or Certification in Reading (Grades K-12). Classroom infrastructure (class size, materials, etc.) should be adequate to implement the content area reading intervention course. This intervention course should include on a daily basis:

1. Whole group explicit instruction;

2. Small group differentiated instruction;

3. Independent reading practice, utilizing classroom library materials, monitored by the teacher;

4. Infusion of SSS benchmarks specific to the subject area (biology, world history, etc.); and

5. A focus on informational text at a ratio matching FCAT.

(e) Passing scores on FCAT and concordant scores on other assessments may not be used to exempt students from required intervention. In lieu of the provisions listed above, students in grades 11 and 12 who have met the graduation requirement with a Level 2 score on FCAT Reading may be served through reading courses, content area courses without a specific professional development requirement, or before or after school.

(f) Schools must progress monitor students scoring at Level 1 and 2 on FCAT Reading a minimum of three (3) times per year. This should include a baseline, midyear, and end of the year assessment.

(g) Based on the following schedules, reading intervention requirements are listed below if not provided through a content area course for fluent Level 2 students.

1. 9th and 10th grade FCAT Reading Level 1 and Level 2 Fluent:

a. Traditional schedule: 36 weeks, 1 period.

b. 4x4 schedule: daily 18 weeks.

c. Alternate day block: every other day 36 weeks.

2. 9th and 10th grade Level 1 and Level 2 Disfluent:

a. Traditional schedule: daily 36 weeks, 2 periods.

b. 4 x 4 schedule: daily 36 weeks.

c. Alternate day block: daily 36 weeks, 2 periods – blocked.

3. 11th and 12th grade FCAT Reading Level 1 and Level 2 Fluent, graduation requirement not met:

a. Traditional schedule: daily until graduation requirement is met, 1 period.

b. 4x4 schedule: daily until graduation requirement is met.

c. Alternate day block: every other day until graduation requirement is met.

4. 11th and 12th grade FCAT Reading Level 1 and Level 2 Disfluent, graduation requirement not met:

a. Traditional schedule: daily until graduation requirement is met, 2 periods.

b. 4x4 schedule: daily until graduation requirement is met.

c. Alternate day block: daily until graduation requirement is met.

5. 11th and 12th grade FCAT Reading Level 1, graduation requirement met through concordant score:

a. Traditional schedule: daily, 36 weeks, 1 period.

b. 4x4 schedule: daily, 18 weeks.

c. Alternate day block: every other day, 36 weeks.

6. Other schedule types should provide comparable instructional time for students.

(h) End-of-year assessments should be used to determine specific areas of student reading difficulty and reading intervention placement.

(i) One of the following courses as listed in the 2008-2009 Course Code Directory incorporated in Rule 6A-1.09441, F.A.C., must be used to provide reading intervention to all high school Level 1 students and those Level 2 students not being served through a content area reading intervention course (all courses require Reading Endorsement or Certification in Reading (Grades K-12):

1. 1000400 INTENSIVE LANGUAGE ARTS

2. 1000410 INTENSIVE READING

3. 7910100 READING: 9-12

4. 1002380 DEVELOPMENTAL LANGUAGE ARTS THROUGH ESOL

5. 7910400 LIFE SKILLS READING: 9-12

Specific Authority 1001.02(2), 1001.215(5), (6), 1003.4156(1)(b), 1003.428(2)(b)2.c., 1008.25(2)(b), (4), (5) FS. Law Implemented 1001.215, 1008.25, 1003.4156, 1003.428 FS. History–New________.