Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
Rule No. : RULE TITLE :
6A-1.094222: Standards for Mid-Year Promotion of Retained Third Graders
PURPOSE AND EFFECT: The purpose and effect of this proposed amendment is to align the criteria for the mid-year portfolio to the new FCAT Item Specifications. Most recently, the Florida Comprehensive Assessment Test (FCAT) was revised to align with the current Sunshine State Standards. Due to this revision, Rule 6A-1.094222, F.A.C., will need revisions to align to the new FCAT 2.0. The grade 4 FCAT Item Specifications document was used to revise the existing State Board Rule to properly align to FCAT 2.0. The revisions include the following: Reference to short and extended responses was stricken from rule; an increase in the average passage length from 375 to 500 words; and a change in the score for demonstrating proficiency for each benchmark from a grade of C or better to a grade of 70% or better.
SUMMARY: The proposed amendment aligns the rule with the new FCAT 2.0.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC has not been prepared by the agency.
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: 1008.25 FS.
LAW IMPLEMENTED: 1008.25(7)(b) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 15, 2011, 8:30 a.m.
PLACE: Tallahassee, Florida. For exact location please go to our website at http://www.fldoe.org/board/meetings/, 7 days prior to the meeting
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Stuart Greenberg, Executive Director, Just Read, Florida! and the Office of Early Learning, Department of Education, Suite 514, 325 West Gaines Street, Tallahassee, Florida 32399, (850)245-0445

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.094222 Standards for Mid-Year Promotion of Retained Third Graders.

Effective with the 2004-2005 school year, district school boards are required to adopt and implement a policy for the mid-year promotion of any student retained in third grade due to a reading deficiency as required by Section 1008.25(5)(b), Florida Statutes. Such mid-year promotions of retained third grade students should occur during the first semester of the academic year.

(1) through (2) No change.

(3) To promote a student mid-year using a student portfolio, as provided for in paragraph (2)(a) of this rule, there must be evidence of the student’s mastery of third grade Sunshine State Standard Benchmarks for Language Arts and beginning mastery of the Benchmarks for fourth grade as specified in subsection (2) of this rule. The student portfolio must meet the following requirements:

(a) Be selected by the student’s teacher;

(b) Be an accurate picture of the student’s ability and only include student work that has been independently produced in the classroom;

(c) Include evidence of mastery of the benchmarks assessed by the grade 3 Reading FCAT, as required by Rule 6A-1.094221, F.A.C.; and

(d) Include evidence of beginning mastery of fourth grade benchmarks that are assessed by the grade 4 Reading FCAT. This includes multiple choice, short response, and extended response items and passages that are approximately fifty (50) percent literary text and fifty (50) percent information text, and that are between 100-900 words with an average of 500 375 words. Such evidence could include chapter or unit tests from the district’s/school’s adopted core reading curriculum or teacher-prepared assessments that are aligned with the Sunshine State Standards. For each benchmark, there must be two (2) examples of mastery as demonstrated by a grade of seventy (70) percent “C” or better; and

(e) Be signed by the teacher and the principal as an accurate assessment of the required reading skills.

(4) To promote a student mid-year using a locally selected standardized assessment, as provided for in paragraph (2)(b) of this rule, there must be evidence that the student scored at or above grade level in reading comprehension, as demonstrated by standard scores or percentiles, consistent with the month of promotion to fourth grade.

(5) The Academic Improvement Plan (AIP) for any retained third grade student who has been promoted mid-year to fourth grade must continue to be implemented for the entire academic year.

Rulemaking Specific Authority 1008.25(9)(7)(b)4. FS. Law Implemented 1008.25(7)(b)4. FS. History–New 12-19-04, Amended________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Frances Haithcock, Chancellor, K-12 Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric Smith, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 8, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 4, 2011