6A-1.0943: Statewide Assessment for Students with Disabilities
PURPOSE AND EFFECT: The purpose of this rule development is to update statutory references, update procedures related to the administration of statewide assessments for students with disabilities, revise criteria related to participation in statewide alternate assessment, and establish procedures for exemption from participation in the statewide assessment when extraordinary circumstances occur. The effect will be a rule that reflects current statutory citations, updated assessment procedures, criteria for use by district staff to determine students for whom the alternate assessment is the appropriate statewide assessment, and specific procedures to exempt a student from participation in statewide assessment in the event of extraordinary circumstances.
SUBJECT AREA TO BE ADDRESSED: Participation in statewide assessment for students with disabilities to include the provision of accommodations, criteria for determining participation in the statewide alternate assessment, procedures for requesting a special exemption from the Commissioner of Education for participation in the statewide assessment when extraordinary circumstances occur.
SPECIFIC AUTHORITY: 1003.428(5), 1003.43(8), 1008.22(3), (11) FS.
LAW IMPLEMENTED: 1003.428(5), 1003.43(8), 1008.22(3), (11) FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 28, 2009, 3:00 p.m.
PLACE: Via conference call at (866)372-5781, Conference Code 21589175; Anyone wishing to attend in person: Department of Education, 325 West Gaines Street, Room 605, Tallahassee Florida, at the time provided above
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bambi Lockman, Chief, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Suite 614, Tallahassee, FL 32399; (850)245-0475. To request a rule development workshop, please contact: Lynn Abbott, Agency Clerk, Department of Education, (850)245-9661 or e-mail lynn.abbott@fldoe.org or go to https://app1.fldoe.org/rules/default.aspx.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
(Substantial rewording of Rule 6A-1.0943 follows. See Florida Administrative Code for present text.)
6A-1.0943 Statewide Assessment for Students with Disabilities.
(1) The Department of Education shall assure the participation of students with disabilities as defined by Section 1003.01(3)(a), F.S., or subsection 6A-19.001(6), F.A.C., in the statewide assessment program, develop the test instruments required herein and provide technical assistance to school districts in the implementation of the requirements of this rule including appropriate accommodations for students participating in statewide assessment procedures as required by Sections 1008.22(3)(c)6., 1003.428(5), and 1003.43(8), F.S.
(2) All students with disabilities will participate in the statewide student achievement testing program based on state standards, pursuant to Rule 6A-1.09401, F.A.C., without accommodations unless the individual educational plan (IEP) team or team that develops the plan required under Section 504 of the Rehabilitation Act determines and documents that:
(a) The student requires allowable accommodations during instruction and for participation in the statewide student achievement testing program; or
(b) The student meets the criteria for participating in the statewide alternate assessment described in subsection (4) of this rule.
(3) Provision of accommodations for students with disabilities participating in the statewide student achievement testing program.
(a) Each school board shall utilize appropriate and allowable accommodations to the statewide assessment instruments and procedures, within the limits prescribed herein and current state test administration manuals, published by the Florida Department of Education, Office of Assessment. Accommodations are defined as adjustments to the presentation of the assessment questions, method of recording examinee responses to the questions, schedule for administration of the assessment to include amount of time for administration, setting for administration of the assessment, or use of assistive technology/devices to facilitate the student’s participation in the assessment. Statewide assessment accommodations may be used only if they do not alter the underlying content that is being measured by the assessment or negatively affect the assessment’s reliability or validity. Within the limits specified in this rule, allowable assessment accommodations are based on those current instructional accommodations and accessible instructional materials used by the student in the classroom.
(b) The accommodations described in paragraph (3)(a) of this rule are authorized for any student who has been determined to be an eligible student with disabilities pursuant to Section 1003.01(3)(a), F.S., and Rule 6A-6.0331, F.A.C., and has a current IEP, or who has been determined to be a student with a disability pursuant to subsection 6A-19.001(6), F.A.C. The accomodations must be identified on the student’s IEP or plan developed under Section 504 of the Rehabilitation Act.
(c) The need for any unique accommodations for use on state assessments not outlined in the state’s test administration manual published by the Florida Department of Education, Office of Assessment, must be approved by the Commissioner of Education.
(d) District personnel are required to implement the accommodations in a manner that ensures the test responses are the independent work of the student. Personnel are prohibited from assisting a student in determining how the student will respond or directing or leading the student to a particular response. In no case shall the accommodations authorized herein be interpreted or construed as an authorization to provide a student with assistance in determining the answer to any test item.
(e) Students with disabilites who are not currently enrolled in public schools or receiving services through public school programs and require accommodations in order to participate in the statewide student achievement testing program may have access to accommodations identified in paragraph (3)(a) of this rule if the following information is provided:
1. Evidence that the student has been found eligible as a student with a disability as defined by Section 1003.01(3)(a), F.S., or subsection 6A-19.001(6), F.A.C.; and,
2. Documentation that the requested accommodations are reguarly used for instruction.
(4) The decision for a student to participate in the statewide alternate assessment based on alternate achievement standards is made by the IEP team and recorded on the IEP. Students will participate in the statewide alternate assessment based on alternate achievement standards if all of the following criteria are met:
(a) The student is unable to master the grade-level general state standards pursuant to Rule 6A-1.09041, F.A.C., as a result of the student’s intellectual disability, even with appropriate and allowable instructional accommodations, assistive technology, and accessible instructional materials;
(b) The student is participating in a modified curriculum based on competencies in the general state standards access points, pursuant to Rule 6A-1.09401, F.A.C., for all academic areas; and
(c) The student requires direct instruction in academics based on access points, pursuant to Rule 6A-1.09401, F.A.C., in order to acquire, generalize, and transfer skills across settings.
(5) A student with a disability may be eligible for consideration of a special exemption from the graduation test requirement under extraordinary circumstances that create a situation where the results of administration of the graduation test would reflect a student’s impaired sensory, manual, or speaking skills rather than the student’s achievement, if they meet the requirements pursuant to Rule 6A-1.09431, F.A.C.
(6) Pursuant to Section 1008.22(3)(c)6., F.S., a student with a disability, as defined in Section 1003.01(3)(a), F.S., may be eligible for consideration of a special exemption from participation in the statewide student achievement testing program under extraordinary circumstances that create a situation where the results of administration of the assessment would reflect a student’s impaired sensory, manual, or speaking skills rather than the student’s achievement upon approval of the Commissioner. The procedure for consideration of this special exemption must originate with receipt of a written request from the district school superintendent by the end of the semester prior to the assessment administration window. The Commissioner shall determine whether the exemption shall be granted based upon the documentation provided by the district school superintendent which shall include:
(a) Written description of the student’s disabling condition, including a specific description of the student’s impaired sensory, manual or speaking skills and the extraordinary circumstances for the exemption request;
(b) Written documentation of the most recent evaluation data and psychological reports;
(c) Written description of the disability’s effect on the student’s achievement;
(d) Written evidence that the student has had the opportunity to learn the skills being tested; and,
(e) Written evidence that the manifestation of the student’s disability prohibits the student from responding to the test even when appropriate accommodations are provided so that the result of the testing reflects the student’s impaired sensory, manual or speaking skills rather than the student’s achievement.
This determination must be submitted annually and approved by the Commissioner.
(7) Only students who participate in the statewide general assessment will be eligible for a standard high school diploma, except as described in subsection (5) of this rule.
(8) The test scores of students with disabilities, as defined in Section 1003.01(3)(a), F.S., and Rule 6A-19.001, F.A.C., will be included in the state’s accountability system as determined by the Commissioner of Education.
Rulemaking Specific Authority 1003.428(5), 1003.43(8), 1008.22(3), (11) 229.57, 232.246 FS. Law Implemented 1003,428(5), 1003.43(8), 1008.22(3) 229.57 FS. History–New 9-12-78, Amended 3-4-84, Formerly 6A-1.943, Amended 6-12-90, 9-17-01,________.