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 the rule amendment is to revise the list of approved assessment instruments to align with Federal reporting standards. The major changes include the addition of the Comprehensive Adult Student Assessment System (CASAS) to Adult Basic Education Programs (ABE) and the deletion of Adult Language Assessment Scale (A-LAS) from the ESOL/ELCATE Program as this assessment has been discontinued by the publisher. The effect will be a rule which is in compliance with the United States Department of Education to ensure eligibility for federal funds, and to afford local providers with additional assessment options in the area of Adult Basic Education.
SUMMARY: This rule is amended to revise the list of approved assessment instruments to be in compliance with the United States Department of Education’s list of approved instruments and to allow greater flexibility to providers.
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: August 14, 2007, 9:00 a.m.
PLACE: Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Teresa Bestor, Director, Adult Education Programs, Division of Workforce Education, 325 West Gaines Street, Room 644, Tallahassee, Florida 32399-0400; (850)245-9906

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) Facilities. Instructional facilities should be consistent with the number and nature of adults served, as well as instructional methods and objectives. They should provide program accessibility for persons with disabilities as required by Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

(2) Enrollment. Enrollment shall be limited to individuals who have legally left the elementary or the secondary school as specified in Section 1003.21(1)(c), Florida Statutes; provided, however, that the school may temporarily assign individual students of compulsory school age to one (1) or more classes offered in the adult general education program where such students exhibit an educational need which can more effectively be served by the adult general education program when such courses are required for high school graduation.

(3) Teacher qualifications. Adult general education classes for which state funds are earned shall be taught by qualified teachers as defined in Rule 6A-1.0503, F.A.C., or as approved by a community college board of trustees as defined in Rule 6A-14.024, 6A-14.0247, F.A.C.

(4) Academic skills tests for adults.

(a) The following tests, English language versions only, are approved to be used for placement of a student enrolled in the adult general education 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, 1992) and with appropriate accommodations for students with disabilities as specified in Section 1004.02(7), Florida Statutes.

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) 2003; or

2. Comprehensive Adult Student Assessment System (CASAS), (all active assessments as of the date of adoption of this rule). Tests of Adult Basic Education (TABE), Complete Battery or Survey Form, Forms 7 & 8, 1994.

(b) When testing students enrolling in Adult ESOL or English Literacy for Career and Technical Education (ELCATE) VESOL whose first language is not English, one of the following tests must be used:

1. Adult Language Assessment Scales (A-LAS, 1991);

1.2. Comprehensive Adult Student Assessment System (CASAS), 1996 (Rreading and Llistening) (all active assessments as of the date of adoption of this rule);

3. Comprehensive Adult Student Assessment System (CASAS) – Life and Work, 2001;

2.4. Basic English Skills Test (BEST) Plus, (all active assessments as of the date of adoption of this rule) 2003; or

3.5. Basic English Skills Test (BEST), (all active assessments as of the date of adoption of this rule) 1984;

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

(c) If an adult student has a documented disability and the instruments in paragraph (4)(a) of this rule, with accommodations are not an accurate measure of the student’s ability, one of the following tests shall be used for placement in an adult general education program:

1. Brigance Employability Skills, (all active assessments as of the date of adoption of this rule) 1995;

2. Brigance Life Skills, (all active assessments as of the date of adoption of this rule) 1994;

3. Comprehensive Test of Adaptive Behaviors (CTAB), (all active assessments as of the date of adoption of this rule) 1986;

4. Comprehensive Adult Student Life Assessments (CASAS) STRETCH, (all active assessments as of the date of adoption of this rule), or 1996;

5. Comprehensive Adult Life Assessment (CASAS) – Test for Special Populations, 1996; or

5.6. Kaufman Functional Adult Student Assessment System (K-FAST), (all active assessments as of the date of adoption of this rule) 1994.

(d) If an adult student has a documented disability and the instruments listed in this rule are not an accurate measure of the student’s ability, documentation must be kept showing an attempt was made to assess the student, and the results of this attempt should be kept in the student’s record for audit purposes.

(5) Student progress will be measured by progression through Literacy Completion Points (LCPs) using one or more of the following:

(a) Grade level/scale score improvements measured by an approved test;

(b) Successful completion of curriculum frameworks and/or course performance standards (for applicable programs reporting outcomes for state reporting and funding purposes only); or

(c) Attainment of GED or Adult High School Diploma.

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,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Teresa Bestor, Director, Adult Education Programs, Division of Workforce Education
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Luci Hadi, Chancellor, Workforce Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 6, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 6, 2007