Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-10.0311: Assessment of Student Attainment of College-Level Communication and Computation Skills
PURPOSE AND EFFECT: Senate Bill 1676, passed by the 2009 Legislature, repealed Section 1008.29, Florida Statutes, relating to the College-Level Academic Skills Testing (CLAST) Program. The purpose of this rule amendment is to revise the rule language to reflect the 2009 statutory changes that elimination of the examination (CLAST) and to implement recommendations relating to the remaining College-Level Academic Skills (CLAS) Requirements (pursuant to Section 1007.25, Florida Statutes).
SUMMARY: Section 1007.25, Florida Statutes, directs the State Board of Education, in conjunction with the Board of Governors, to establish minimum requirements for receipt of an associate in arts or baccalaureate degree from a Florida public postsecondary institution. The requirements are intended to ensure that students have demonstrated proficiency in college-level communication and computation skills prior to the conference of a degree. Specifically, these include the establishment of minimum scores on nationally standardized assessments and the identification of postsecondary coursework that can be used to meet the requirements. The Articulation Coordinating Committee approved recommendations on August 13, 2009 that served as the foundation for the proposed rule revision.
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)(d), 1007.25(12)(a) FS.
LAW IMPLEMENTED: 1001.02, 1007.25 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 11, 2009, 1:00 p.m.
PLACE: Palm Beach Community College, Lake Worth Campus, 4200 Congress Ave., Lake Worth, FL 33461
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Heather Sherry, Director, Office of Articulation, Department of Education, 325 West Gaines St., Suite 1401, Tallahassee, FL 32399-0400

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-10.0311 Assessment of Student Attainment of College-Level Communication and Computation Skills.

(1) The skills in Rule 6A-10.0316, F.A.C., shall be used by the Articulation Coordinating Committee as the basis for the development of specifications for test items.

(2) The specifications shall be used by the Articulation Coordinating Committee as the basis for the development of tests and other assessment procedures to measure the level of student attainment of the skills.

(3) The College-Level Academic Skills Test, an achievement test developed by the Department pursuant to Section 1008.345(8)(h), Florida Statutes, to measure the level of attainment of college-level communication and computation skills listed in Rule 6A-10.0316, F.A.C., is approved and designated for use in community colleges and state universities. Scores on the reading, writing, and computation subtests shall be reported on the score scale which was established by the Department in the October, 1982 test administration. From October 1, 1982 through September 30, 1991, scores on the essay shall be reported on a four (4) point score scale established by the Department in the October, 1982 test administration. Beginning October 1, 1991, scores on the essay shall be reported on a six (6) point scale established by the Department in the October, 1991 test administration. For purposes of the requirements of Section 1008.29(4), Florida Statutes, a total score of four on a four point score scale shall be considered equivalent to a total score of five on a six point score scale for students retaking the essay portion of the examination.

(4) Admission criteria for the College-Level Academic Skills Test shall be specified by the Commissioner in the Test Administration Plan.

(5) A person required to take the College-Level Academic Skills Test who has a record of physiological disorder(s) which substantially impairs that person’s visual, auditory, manual or speaking abilities or who has a record of a learning disability shall be deemed to have satisfied any requirement to present a score on any subtest which has not been modified in administration so as best to ensure that the performance of the person on the subtest accurately reflects the person’s achievement of the skill being measured, rather than the person’s impaired abilities. The test modifications may include but are not limited to the following:

(a) Flexible scheduling. The person may be administered a subtest during several brief sessions, so long as all testing is completed on the test administration date.

(b) Flexible setting. The person may be administered a subtest individually or in a small group setting by a proctor rather than in a classroom or auditorium setting.

(c) Recording of answers. The person may mark answers in a test booklet, type the answers by machine, or indicate selected answers to a test proctor. The proctor may then transcribe the person’s responses onto a machine-scorable answer sheet.

(d) Revised format. The person may use a large print booklet, a Braille test booklet, or a magnifying device.

(e) Auditory aids. The person may use audio devices. A tape recorded version of appropriate portions of the test may be used, along with a printed copy. Appropriate portions of the test may be read to the student by a narrator.

(6) Each college and university shall establish a committee for the purpose of evaluating requests for exemption from the testing requirements of this rule which are submitted by students with specific learning disabilities. Each institution shall adopt its own procedures for implementing the provisions of this Subsection and Section 1008.29(5), Florida Statutes. The student shall have the right to appeal the findings of the committee directly to the president of the institution. Once a waiver is granted by an institution, the waiver is transferable to other institutions.

(7) Each community college president and university president shall establish a committee to consider requests for waivers from the testing requirements of this rule for students other than those with specific learning disabilities. The committee shall be chaired by the chief academic officer of the institution and shall have four (4) additional members appointed by the president which shall include a member of the mathematics department, a member of the English department, the institutional test administrator, and a fourth faculty member from a department other than English or mathematics. The terms of office of the committee members and the meeting times and conditions shall be established by the president. However, as part of the process of determining whether to recommend a waiver from the provisions of Section 1008.29(3), Florida Statutes, the committee shall conduct a personal interview with each student requesting a waiver.

(8) Any student who has taken any of the four (4) subtests of the College-Level Academic Skills Test at least four (4) times and has not earned a passing score on the subtest but has otherwise earned a minimum grade point average of 2.0 in all college credit courses in that same subject area and met the requirements defined in Rule 6A-10.030, F.A.C., for that area may appeal to the committee described in subsection (7) of this rule for a waiver from that subtest. In considering the request, the committee shall review the student’s academic records and such other information as may be appropriate.

(9) The committee described in subsection (7) of this rule shall determine whether the student’s inability to pass the reading, English language skills, or essay subtest is due to the student having English as second or foreign language. If the student has completed instructional programs for English as a second language or English as a foreign language with a minimum grade point average of 2.0, and has otherwise earned a minimum grade point average of 2.0 in all college credit courses in the subtest area as that for which a waiver is being considered, and has met the requirements of Rule 6A-10.030, F.A.C., for that area, then a waiver may be considered.

(10) In considering a request for a waiver from any subtest, the committee described in subsection (7) of this rule shall determine whether the student has demonstrated sufficient effort to pass the subtest and has satisfactorily completed remediation studies related to the failed subtest in addition to meeting the requirements in subsections (8) and (9) of this rule. Waivers shall not be granted under any circumstance unless the student first has demonstrated effort to learn the required skills to the level required by the subtest.

(11) If the committee described in subsection (7) of this rule recommends by majority vote that a waiver be given for a specified subtest, such recommendation shall be accompanied by documentation that the student has acquired the skills to the level required by the subtest and statements of explanation or justification to be considered by the president who then may approve or disapprove the recommendation. If a waiver is granted, the student’s official college or university transcript shall include a statement that the student did not meet the requirements of Section 1008.29(3), Florida Statutes, for an identified subtest, and a waiver was granted.

(12) Each institution granting waivers to students under the provisions of this rule shall provide information about the students receiving waivers to the Department of Education in accordance with procedures established by the Commissioner of Education. This information shall include documentation of the student’s name and social security number, the test section waived, and the reasons for the waiver.

(13) A community college shall not grant a waiver unless it is in conjunction with the awarding of the associate in arts degree.

(14) Pursuant to Section 1008.29(9)(a), Florida Statutes, any student fulfilling Students must demonstrate college-level proficiency in communication and computation skills by successfully completing one or more of the following requirements before the award completion of the associate in arts degree requirements or baccalaureate degree requirements is exempt from the testing requirements of this rule:

(1)(a) Achieve a score that meets or exceeds a minimum score on a nationally standardized examination as listed below: Students may present scores from the Scholastic Achievement Test (SAT-I) as follows:

 

Skill Area

Required Score on Examination

Reading

 

 

 

 

500 or above on the SAT Critical Reading portion taken after February 2005

500 or above on the Verbal section of the recentered SAT I taken prior to March 2005

421 or above (non-recentered score) on the Verbal section of the SAT I taken prior to March 2005

22 or above on the ACT program in Reading

20 or above on the Composite of the ACT taken prior to October 1989

93 or above on the ACCUPLACER Reading Comprehension Examination

English Language and Essay

 

 

 

 

 

 

500 or above on the SAT Writing portion taken after February 2005

500 or above on the Verbal section of the recentered SAT I taken prior to March 2005

421 or above (non-recentered score) on the Verbal section of the SAT I taken prior to March 2005

21 or above on the ACT program in English

21 or above on the ACT program in English/Writing (English with Essay component)

20 or above on the Composite of the ACT taken prior to October 1989

105 or above on the ACCUPLACER Sentence Skills Examination

Computation

 

 

 

 

500 or above on the SAT Mathematics portion taken after February 2005

500 or above on the Mathematics section of the recentered SAT I taken prior to March 2005

473 or above (non-recentered score) on the Mathematics section of the SAT I taken prior to March 2005

21 or above on the ACT program in Mathematics

21 or above on the ACT taken prior to October 1989

91 or above on the ACCUPLACER Elementary Algebra examination

 

1. Quantitative. Students who have earned a quantitative score of five hundred (500) or above on the recentered score scale of the Scholastic Achievement Test (SAT-I), or its equivalent on the original score scale, shall be exempt from the computation section of the College-Level Academic Skills Test.

2. Verbal. Students who have earned a verbal score of five hundred (500) or above on the recentered score scale of the Scholastic Achievement Test (SAT-I), or its equivalent on the original score scale, shall be exempt from the Reading, English Language Skills, and Essay sections of the College-Level Academic Skills Test.

(b) Students may present scores from the American College Testing Program (ACT) as follows:

1. Mathematics. Students who have earned a score of twenty-one (21) or above on the Enhanced American College Testing Program in mathematics, or a score of twenty-one (21) or above on the original ACT, shall be exempt from the Computation section of the College-Level Academic Skills Test.

2. English. Students who have earned a score of twenty-two (22) or above on the Enhanced American College Testing Program in Reading, or a score of twenty (20) or above on the Composite of the original ACT, shall be exempt from the Reading section of the College-Level Academic Skills Test. Students who have earned a score of twenty-one (21) or above on the American College Testing Program in English, or a score of twenty (20) or above on the original ACT, shall be exempt from the English Language Skills and Essay sections of the College-Level Academic Skills Test.

(2)(c) Achieve Students who have earned a grade point average of 2.5 or above on a 4.0 grade scale in selected postsecondary level courses at Florida public institutions and non-public institutions on the Statewide Course Numbering System, pursuant to Section 1007.24(7), Florida Statutes shall be exempted from one or more sections of the College-Level Academic Skills Test, as specified below. Each postsecondary institution shall establish its own policies for the evaluation of students’ coursework when that student earned credits that are not part of the Statewide Course Numbering System from an institution other than a Florida public community college or university.

(a)1. To meet the College Level Academic Skills requirements in communication, a student must earn a 2.5 grade point average in a combination of at least one (1) course with the ENC prefix and any other course, exclusive of those with the SPC prefix, that is designated as a Gordon Rule writing course pursuant to the requirements of paragraph 6A-10.030(2)(a), F.A.C. Course prefixes are assigned in accordance with Section 1007.24, Florida Statutes. To exempt the English Language Skills, Reading and Essay sections of the College-Level Academic Skills Test, the student must have earned a 2.5 grade point average in two (2) courses for a minimum of six (6) semester hours of credit from: ENC 1101, English I and ENC 1102, English II or other equivalent college-level English course.

(b)2. To meet the College Level Academic Skills requirements in computation, a student must earn a 2.5 grade point average in any combination of two (2) courses from the list below:

1. Any MAC course with the last three (3) digits of 102 or higher.

2. MGFX106-Liberal Arts Mathematics I.

3. MGFX107 – Liberal Arts Mathematics II.

4. MGFX113-Topics in College Mathematics I.

5. MGFX114-Topics in College Mathematics II.

6. MGFX118-Mathematics for CLAST Review.

7. Any MGF course with last three (3) digits of 202 or higher.

8. Any Gordon Rule statistics course.

9. Any mathematics course that has College Algebra (MACX105 as a prerequisite).

To exempt the Computation section of the College-Level Academic Skills Test, the student must have earned a 2.5 grade point average in two (2) courses for a minimum of six (6) semester hours of credit from:

a. Option 1. The student shall complete any two (2) of the following: MAC*102 College Algebra or any other MAC course with the last three digits being higher than 102; MGF*106 Liberal Arts Mathematics I, MGF*107 Liberal Arts Mathematics II, MGF*202 Finite Mathematics or any other MGF courses with the last three digits being higher than 202; or STA*014 Statistical Methods or any other STA course.

b. Option 2. The student shall complete any two (2) of the following: MGF*106 Liberal Arts Mathematics I and MGF*107 Liberal Arts Mathematics II; MGF*113 Topics in College Mathematics I; MGF*114 Topics in College Mathematics II; or MGF*118 Mathematics CLAST Review.

c. Option 3. MGF*106 Liberal Arts Mathematics I or MGF*113 Topics in College Mathematics I, and MAC*102 College Algebra or MAC*105 College Algebra.

(c) Credits granted in accordance with the Articulation Coordinating Committee Credit-by-Examination Equivalencies shall be substituted for the courses specified above. The document, Articulation Coordinating Committee Credit-By-Examination Equivalencies, is hereby incorporated by reference as a part of this rule to become effective with the effective date of this rule. Copies may be obtained by contacting the Office Articulation, Department of Education, 325 West Gaines Street, Tallahassee, FL or from the Department’s web site at http://www.fldoe.org/articulation/pdf/ACC-CBE.pdf. If a student earns credit by examination for two (2) courses listed in both paragraphs (2)(a) and (2)(b), of this rule, the requirement will be considered to be met. If a student earns credit by examination for one (1) course within either paragraph (2)(a) or (2)(b), of this rule, no grade will be assigned for that course. The 2.5 grade point calculation will be based solely on grades earned in courses completed at an institution.

(15) Students who do not initially earn passing scores on the Scholastic Achievement Test (SAT-I) or the American College Testing Program may submit scores earned on other administrations of the tests as long as subsequent scores are not earned within thirty (30) days of the preceding score.

(16) Pursuant to Section 1008.29(9), Florida Statutes, any student denied a degree based on the failure of at least one (1) subtest of the CLAST may use any of the alternatives specified in this rule for receipt of a degree if such student meets all degree program requirements at the time of application for the degree under the exemption provisions of this rule. This provision does not require a student to take the CLAST before being given the opportunity to use any of the alternatives specified in this rule. The exemptions provided herein do not apply to requirements for teacher certification as provided in Section 1012.56, Florida Statutes.

(17) For purposes of evaluating student grade point averages to implement the provisions of subsection (14) of this rule, each postsecondary institution may determine how to make allowances for students who have earned credits in Advanced Placement, College-Level Examination, and International Baccalaureate Programs.

Rulemaking Specific Authority 1001.02(6), 1007.25(12)(a) FS. Law Implemented 1001.02, 1007.25 1008.29, 1008.345, 1012.56 FS. History–New 9-3-81, Amended 5-25-82, 10-7-82, 12-7-82, 12-20-83, 3-28-84, Formerly 6A-10.311, Amended 4-13-88, 4-1-91, 8-19-91, 10-18-94, 11-25-97, 3-28-00,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Heather Sherry, Director, Office of Articulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 4, 2009