Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-6.014: General Requirements for Adult General Education Program
PURPOSE AND EFFECT: The purpose of this rule amendment is to update the tests for educational functioning levels and to clarify that the tests are to be used for reporting of learning gains, in addition to the placement of a student in an adult general education program. The effect is a rule compliant with federal testing requirements for adult education.
SUMMARY: The proposed amendment requires the use of an updated version of the standards established for test administration and interpretation and clarifies that the test used for placement of a student in adult general education programs is to also be used for documenting learning gains. In addition, the amendment changes, and adds a test, that can be used to measure and report English language acquisition for an adult student enrolled in the English for Speakers of Other Languages program.
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(1) FS.
LAW IMPLEMENTED: 1008.405, 1011.80 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 14, 2009, 10:00 a.m.
PLACE: 325 West Gaines Street, Department of Education, Tallahassee, Florida. Conference call #1(888)808-6959, Code 4617163
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Elsie Rogers, Division of Workforce Education, 325 West Gaines Street, Suite 720, Tallahassee, FL 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.014 General Requirements for Adult General Education Program.

In the operation of adult general education programs, the following general requirements shall apply:

(1) through (3) No change.

(4) Academic skills tests for adults.

(a) The following tests, English language versions only, are approved to be used for placement and documentation of learning gains of a student enrolled in the adult general education program. The tests and shall be used according to standards established for test administration and interpretation set forth in Standards for Educational and Psychological Testing (APA, AERA, NCME, 1999 1992) and with appropriate accommodations for students with disabilities as specified in Section 1004.02(7), F.S.

1. Tests of Adult Basic Education (TABE), Complete Battery or Survey Form, Forms 9 & 10 (all active assessments as of the date of adoption of this rule);

2. Comprehensive Adult Student Assessment System (CASAS) (all active assessments as of the date of adoption of this rule).

(b) The following tests, English language versions only, are approved to be used for placement of a student enrolled in the adult English for Speakers of Other Languages program and shall be used according to standards established for test administration and interpretation set forth in Standards for Educational and Psychological Testing (APA, AERA, NCME, 1999) and with appropriate accommodations for students with disabilities, as specfied in Section 1004.02(7), Florida Statutes When testing students enrolling in Adult ESOL or English Literacy for Career and Technical Education (ELCATE) whose first language is not English, one of the following tests must be used:

1. Comprehensive Adult Student Assessment System (CASAS), Reading and Listening (all active assessments as of the date of adoption of this rule);

2. Basic English Skills Test (BEST) Plus (all active assessments as of the date of adoption of this rule); or

3. Basic English Skills Test (BEST) Literacy (all active assessments as of the date of adoption of this rule);

4. Comprehensive Adult Student Assessment System (CASAS) Employability Competency System Reading Skills for English Literacy for Career and Technical Education (ELCATE) students; and.

5. Tests for Adult Basic Education Complete Language Assessment System – English (TABE CLAS-E) (all active assessments as of the date of this rule).

(c) through (5)(c) No change.

Rulemaking Specific Authority 1001.02(1) FS. Law Implemented 1008.405, 1011.80 FS. History–Amended 2-20-64, 4-11-70, 11-17-73, 2-18-74, 6-17-74, Repromulgated 12-5-74, Amended 12-6-84, Formerly 6A-6.14, Amended 12-28-86, 10-17-89, 12-29-98, 4-26-06, 9-19-07,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Loretta Costin, Deputy Chancellor, Division of Workforce Education
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 3, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 23, 2009