Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
Rule No. : RULE TITLE :
6A-6.054: K-12 Student Reading Intervention Requirements
PURPOSE AND EFFECT: The purpose of this proposed amendment is to update and align the criteria for reading intervention placement with current research, include a professional development offering that will be available to content area reading intervention teachers in 2011, and provide greater flexibility to districts in meeting student reading needs. A change is proposed in the criteria established for determining placement of students in reading intervention at the secondary level as new research suggests that fluency is not a strong predictor of a student’s ability to comprehend text in middle grades and high school. Fluency has been stricken throughout the rule and replaced with students in need of decoding and text reading efficiency instruction. Also, in 2011, new professional development will be provided for content area reading intervention teachers, called Next Generation Content Area Professional Development (NGCAR-PD), and therefore reference to this new content area professional development in rule is needed. Additional flexibility is requested for districts in scheduling additional time for reading intervention for students in need of instruction in decoding and text reading efficiency, including a focus on ensuring the teacher providing the intervention has evidence of success working with students with reading difficulties. Finally, language was revised to allow flexibility to districts regarding progress monitoring requirements of Level 1 and 2 students to protect instructional time. This rule revision allows flexibility for administering a progress monitoring tool at the end of the school year.
SUMMARY: This rule revision will update and align the criteria for reading intervention placement with current research, include a professional development offering that will be available to content area reading intervention teachers in 2011, and provide greater flexibility to districts in meeting student reading needs through intervention.
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: 1001.02(2), 1001.215, 1003.4156, 1003.428 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: 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-6.054 K-12 Student Reading Intervention Requirements.

(1) Elementary Assessment, Curriculum, and Instruction.

(a) Pursuant to Section 1008.25, F.S., 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 Assessment 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, F.S., 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 text reading efficiency fluency must have an extended time for block of reading intervention. This extended time may include, but is not limited to, students reading on a regular basis before and afterschool with teacher support, or for students two or more years below grade level a double block of reading to accelerate foundational reading skills. 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. The 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. In addition, these students must be served by teachers with evidence of success, as determined by the district. 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. Integration Infusion of Next Generation Sunshine State Standard (NGSSS) (SSS) benchmarks specific to the subject area if blocked with the intensive reading course (biology, world history, etc.); and

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

6. Opportunities for accelerated achievement in order to facilitate efficient reading and deeper understanding of grade level texts.

(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 if students have an instructional need in decoding and text reading efficiency through the use of fluency assessments and must identify 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 who do not need instruction in decoding and text reading efficiency 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), or complete the Next Generation Content Area Reading Professional Development (NGCAR-PD.) In addition, these students must be served by teachers with evidence of success, as determined by the district. 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. Integration Infusion of NGSSS SSS benchmarks specific to the subject area (biology, world history, etc.); and

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

6. Opportunities for accelerated achievement in order to facilitate deep understanding of reading of grade level texts.

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

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

(g)(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. 1002181 1002180 M/J DEVELOPMENTAL LANGUAGE ARTS THROUGH ESOL (Reading) (MC).

5. 7810020 READING: 6-8.

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

(a) Pursuant to Section 1003.428, F.S., 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 text reading efficiency fluency must have an extended time for block of reading intervention. This extended time may include, but is not limited to, students reading on a regular basis before and afterschool with teacher support, or for students two or more years below grade level a double block of reading to accelerate foundational reading skills. 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. The This teacher must have the Reading Endorsement or Certification in Reading (Grades K-12). In addition, these students must be served by teachers with evidence of success, as determined by the district. 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. Integration Infusion of NGSSS SSS benchmarks specific to the subject area if blocked with the intensive reading course (biology, world history, etc.); and

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

6. Opportunities for accelerated achievement in order to facilitate efficient reading and deeper understanding of grade level texts.

(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 if students have an instructional need in decoding and text reading efficiency through the use of fluency assessments and identify 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 who do not need instruction in decoding and text reading efficiency 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), or complete the Next Generation Content Area Reading Professional Development (NGCAR-PD). In addition, these students must be served by teachers with evidence of success, as determined by the district. 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. Integration Infusion of NGSSS SSS benchmarks specific to the subject area (biology, world history, etc.); and

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

6. Opportunities for accelerated achievement in order to facilitate deep understanding of reading of grade level texts.

(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 includes should include a baseline, midyear, and an 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. 4x4 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.

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

(h)(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. 1002381 1002380 DEVELOPMENTAL LANGUAGE ARTS THROUGH ESOL (Reading).

5. 7910400 LIFE SKILLS READING: 9-12.

Rulemaking 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 5-19-08, 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