Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-1.09430: Florida Alternate Assessment Requirements
PURPOSE AND EFFECT: This rule establishes procedures for the implementation of the Florida Alternate Assessment and establishes test cut scores for the performance levels. This assessment is designed specifically for students with significant cognitive disabilities and is aligned to the Next Generation Sunshine State Standards Access Points.
SUMMARY: This rule establishes procedures for the implementation of an assessment for students with significant cognitive disabilities.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: None.
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, 1008.22 FS.
LAW IMPLEMENTED: 1001.11, 1008.22, 1008.25 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 16, 2010, 9:00 a.m.
PLACE: Tallahassee Community College, 444 Appleyard Drive, Building 38, Room 105, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bambi Lockman, Chief, Bureau of Exceptional Education and Student Services, Division of Public Schools, 325 West Gaines Street, Suite 614, Tallahassee, FL 32399; (850)245-0475

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.09430 Florida Alternate Assessment Requirements.

(1) The statewide program of educational assessment required by Section 1008.22(3)(c)(11), Florida Statutes, shall be developed under the direction and supervision of the Commissioner of Education and shall be titled the Florida Alternate Assessment (FAA). It shall be:

(a) Kept secured at all times.

(b) Provided to all school districts in the quantity needed for the students in the district.

(c) Administered in accordance with standard written instructions appropriate for the examination. The written instructions will be issued by the Commissioner in the form of test administration manuals and other written communications, as required, and provided to school districts prior to each test.

(d) Revised and updated as needed.

(2) The test shall be developed in consultation with teachers and other appropriate professionals and shall be approved by the Commissioner prior to being administered to students. The FAA shall:

(a) Consist of four (4) sections: one (1) measuring reading skills, one (1) measuring mathematics skills, one (1) measuring science skills, and one (1) measuring writing skills.

(b) Be derived from the skills adopted in Rule 6A-1.09401, F.A.C.

(3) The FAA shall be administered as follows:

(a) All eligible students as defined in Rule 6A-1.0943, F.A.C., in grades three through ten shall take the reading and mathematics tests. All eligible students in grades five, eight, and eleven shall take the science test. All eligible students in grades four, eight, and ten shall take the writing test.

(b) Provisions shall be made by the Commissioner to permit the test to be administered to home school students and private school students under conditions which preserve the security of the test and require the public school districts to be responsible for the test administration procedures.

(4) Examinee scores on FAA Reading, Mathematics, Science and Writing shall be reported on a raw score scale from 0 to 144 defined by the baseline test administered during January and February 2008. Each examinee shall receive a total score for each subject area.

(5) The total scores on FAA Reading, Mathematics, Science and Writing are also reported on an achievement-level scale. The total scores that correspond to each achievement level are shown below. Beginning with the effective date of this rule, the achievement levels for Reading, Mathematics, Science and Writing in the first phase of implementation shall be as shown in the following tables.

(a) Reading grade-level raw scores (0-144) for each achievement level:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

Level 6

Level 7

Level 8

Level 9

3

0-23

24-39

40-62

63-69

70-84

85-98

99-105

106-119

120-144

4

0-27

28-43

44-62

63-71

72-85

86-98

99-106

107-117

118-144

5

0-28

29-43

44-62

63-70

71-85

86-98

99-110

111-122

123-144

6

0-27

28-44

45-62

63-77

78-88

89-98

99-111

112-123

124-144

7

0-27

28-44

45-62

63-74

75-89

90-98

99-112

113-126

127-144

8

0-25

26-44

45-62

63-73

74-88

89-98

99-111

112-126

127-144

9

0-25

26-42

43-62

63-73

74-89

90-98

99-115

116-126

127-144

10

0-27

28-42

43-62

63-72

73-87

88-98

99-113

114-126

127-144

 

(b) Math grade-level raw scores (0-144) for each achievement level:

 

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

Level 6

Level 7

Level 8

Level 9

3

0-22

23-38

39-57

58-70

71-86

87-98

99-110

111-125

126-144

4

0-22

23-41

42-57

58-69

70-86

87-98

99-110

111-126

127-144

5

0-24

25-39

40-57

58-72

73-86

87-98

99-110

111-123

124-144

6

0-25

26-38

39-57

58-71

72-87

88-98

99-111

112-126

127-144

7

0-25

26-40

41-57

58-69

70-86

87-98

99-110

111-126

127-144

8

0-26

27-40

41-57

58-69

70-85

86-98

99-110

111-126

127-144

9

0-23

24-41

42-57

58-70

71-90

91-98

99-107

108-130

131-144

10

0-28

29-44

45-57

58-69

70-91

92-98

99-108

109-129

130-144

 

(c) Science grade-level raw scores (0-144) for each achievement level – step 1:

 

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

Level 6

Level 7

Level 8

Level 9

5

0-22

23-38

39-58

59-75

76-87

88-102

103-114

115-124

125-144

8

0-23

24-39

40-58

59-71

72-84

85-102

103-113

114-124

125-144

11

0-23

24-39

40-58

59-71

72-85

86-102

103-111

112-122

123-144

 

(d) Writing grade-level raw scores (0-144) for each achievement level – step 1:

 

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

Level 6

Level 7

Level 8

Level 9

4

0-23

24-35

36-63

64-70

71-86

87-98

99-111

112-128

129-144

8

0-27

28-40

41-63

64-71

72-86

87-98

99-111

112-125

126-144

10

0-24

25-41

42-63

67-73

74-86

87-98

99-111

112-126

127-144

 

(6) The Commissioner of Education shall review annually student performance levels and recommend amendments to the existing achievement levels adopted in rule to the State Board of Education as necessary.

(7) The test shall be administered according to a schedule approved by the Commissioner.

(8) Invalidity of a section of this rule shall not invalidate the remainder of the rule.

Rulemaking Authority 1001.02, 1008.22 FS. Law Implemented 1001.11, 1008.22, 1008.25 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Frances Haithcock, Chancellor, Division of Public Schools.
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 02, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 15, 2010