Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-1.09422: Florida Comprehensive Assessment Test Requirements
PURPOSE AND EFFECT: The purpose of the rule amendment is to specify the new statewide assessment requirements in order to comply with the passage of Senate Bill 4 and House Bill 105 by the 2010 Legislature. The amendments include the specification of new FCAT 2.0 and End-of-Course Assessment requirements, including new passing scores on those assessments required for course credit and high school graduation. In addition, obsolete language is deleted.
The primary effect is that students will be required to participate in new statewide assessments and earn at least the minimum scale score in achievement level 3 on assessments required for course credit and high school graduation.
SUMMARY: This rule is amended to specify new statewide assessment requirements, including new passing scores on those assessments required for course credit and high school graduation.
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, 1008.22(3)(c)5., 1008.22(11) FS.
LAW IMPLEMENTED: 1001.02, 1001.11, 1008.22, 1008.25, 1008.33 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 15, 2010, 9:00 a.m.
PLACE: Orange County School Board, 445 West Amelia Street, Orlando, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kris Ellington, Assistant Deputy Commissioner, Accountability, Research, and Measurement, 325 W. Gaines Street, Suite 414, Tallahassee, Florida 32399, (850)245-0513

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.09422 Florida Comprehensive Assessment Test and End-of-Course Assessment Requirements.

(1) The statewide program of educational assessment required by Section 1008.22(3)(c), Florida Statutes, shall be developed under the direction and supervision of the Commissioner of Education and shall be titled the Florida Comprehensive Assessment Test (FCAT). 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 assessment examination. The written instructions shall will be issued by the Commissioner in the form of test administration manuals and other written communications, as required, and provided to school districts in sufficient time prior to each assessment test.

(d) Revised and updated as needed.

(e) Developed in consultation with teachers and other appropriate professionals and approved by the Commissioner prior to being administered to students.

(f) Be derived from the student performance standards adopted in Rule 6A-1.09401, F.A.C.

(2) The assessment program test shall include the Florida Comprehensive Assessment Test® (FCAT), the Florida Comprehensive Assessment Test® (FCAT) 2.0, and the Florida End-of-Course (EOC) Assessments be developed in consultation with teachers and other appropriate professionals and shall be approved by the Commissioner prior to being administered to students. The FCAT shall:

(a) Before the 2010-2011 school year, the FCAT shall consist Consist of four (4) sections: one (1) measuring reading skills in grades three through ten;, one (1) measuring mathematics skills in grades three through ten;, one (1) measuring writing skills in grades four, eight and ten;, and one (1) measuring science skills in grades five, eight, and eleven. Beginning with the 2010-2011 school year, the FCAT shall consist of three (3) sections: one (1) measuring mathematics skills in grade ten; one (1) measuring writing skills in grades four, eight, and ten; and one (1) measuring science skills in grades five, eight, and eleven. Beginning with the 2011-2012 school year, the FCAT shall consist of one (1) section measuring writing skills in grades four, eight, and ten. The FCAT Retake in reading shall continue to be administered through the 2011-2012 school year, and the FCAT Retake in mathematics shall continue to be administered through the 2012-2013 school year.

(b) Beginning with the 2010-2011 school year, the FCAT 2.0 shall consist of two (2) sections: one (1) measuring reading skills in grades three through ten, and one (1) measuring mathematics skills in grades three through eight. Beginning with the 2011-2012 school year, the FCAT 2.0 shall consist of three (3) sections: one (1) measuring reading skills in grades three through ten, one (1) measuring mathematics skills in grades three through eight, and one (1) measuring science skills in grades five and eight. Be derived from the skills adopted in Rule 6A-1.09401, F.A.C.

(c) The Florida EOC Assessments shall consist of assessments measuring the skills specified in five (5) courses: Algebra 1, Biology 1, Geometry, United States History, and Civics.

(3) The statewide assessment program FCAT shall be administered as follows:

(a) Before the 2010-2011 school year, all All eligible students in grades three through ten shall take the FCAT Reading and Mathematics reading and mathematics tests. Beginning with the 2010-2011 school year, all eligible students in grades three through ten shall take the FCAT 2.0 Reading, and all eligible students in grades three through eight shall take the FCAT 2.0 Mathematics. All eligible students in grades four, eight, and ten shall take the FCAT Writing writing test. Eligible students are those who are not exempted from the assessment pursuant to Section 1008.22(3)(c), Florida Statutes. All eligible students in grades five, eight, and eleven shall take the science test.

(b) Before the 2011-2012 school year, all eligible students in grades five, eight, and eleven shall take the FCAT Science. Beginning with the 2011-2012 school year, all eligible students in grades five and eight shall take the FCAT 2.0 Science. Eligible students are those who are not exempted from the assessment pursuant to Section 1008.22(3)(c), Florida Statutes.

(c) Beginning with the 2010-2011 school year, all students enrolled in a high school Algebra 1 or equivalent course must take the Algebra 1 EOC Assessment.

(d) Beginning with the 2011-2012 school year, all students enrolled in a high school Geometry or equivalent course must take the Geometry EOC Assessment, and all students enrolled in a high school Biology 1 or equivalent course must take the Biology 1 EOC Assessment.

(e) Beginning with the 2012-2013 school year, all students enrolled in a high school United States History or equivalent course must take the United States History EOC Assessment.

(f) Beginning with the 2013-2014 school year, all students enrolled in a middle school civics education course must take the Civics EOC Assessment.

(g)(b) Provisions shall be made by school districts to administer the assessment test to students who are absent on the designated testing dates according to directions specified by the Commissioner. The directions shall will be issued in the form of test administration manuals and other written communications, as required, and provided to school districts in sufficient time prior to each assessment test.

(h)(c) Provisions shall be made by the Commissioner to permit the assessment test to be administered to home school students and private school students pursuant to Sections 1002.39 and 1002.395, Florida Statutes, under conditions which preserve the security of the assessment test and require the public school districts to be responsible for the test administration procedures.

(i)(d) In accordance with the requirements of Section 1008.25(4)(c), Florida Statutes, provisions shall be made by the Commissioner to retest students the following year if they do not attain minimum performance expectations and are retained.

(j)(e) The assessments FCAT shall be administered to students in grades 3 through 9 not less than one (1) time per year on a schedule approved by the Commissioner and up to three times per year for students who do not attain minimum performance expectations on the grade 10 FCAT as specified in subsection (7) of this rule.

(4) Examinee scores on the FCAT Reading and Mathematics reading and mathematics shall be reported on a score scale from 100 to 500 defined by the baseline assessment test administered during January and February 1998, and a developmental scale of approximately 0 to 3000 that defines performance across grades three 3 through ten 10. Examinee scores on the FCAT Science shall be reported on a score scale from 100 to 500 defined by the baseline assessment test administered during March 2003. Examinee scores on the FCAT Writing writing shall be reported on a score scale from 1 to 6 defined by the FCAT Writing writing holistic rubrics. Each examinee shall receive a total score for each subject area in addition to part scores that can be reliably reported.

(5) The total scores on the FCAT Reading, Mathematics, and Science also are also reported on an achievement-level scale. Achievement levels range from 1 through 5, with level 1 being the lowest achievement level, level 5 being the highest achievement level, and level 3 indicating satisfactory performance on the assessment. The total scores that correspond to each achievement level are shown in the following paragraphs.

(a) The Beginning with the effective date of this rule, until changes are recommended by the Commissioner of Education to the State Board of Education, the achievement levels for the FCAT Reading and Mathematics in the first phase of implementation (step 1) shall be as shown in the following tables.

 

FCAT Reading grade-level scale scores (100 to 500) for each achievement level step 1:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

3

100-258

259-283

284-331

332-393

394-500

4

100-274

275-298

299-338

339-385

386-500

5

100-255

256-285

286-330

331-383

384-500

6

100-264

265-295

296-338

339-386

387-500

7

100-266

267-299

300-343

344-388

389-500

8

100-270

271-309

310-349

350-393

394-500

9

100-284

285-321

322-353

354-381

382-500

10

100-286

287-326

327-354

355-371

372-500

FCAT Reading developmental scale scores (86 to 3008) for each achievement level step 1:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

3

86-1045

1046-1197

1198-1488

1489-1865

1866-2514

4

295-1314

1315-1455

1456-1689

1690-1964

1965-2638

5

474-1341

1342-1509

1510-1761

1762-2058

2059-2713

6

539-1449

1450-1621

1622-1859

1860-2125

2126-2758

7

671-1541

1542-1714

1715-1944

1945-2180

2181-2767

8

886-1695

1696-1881

1882-2072

2073-2281

2282-2790

9

772-1771

1772-1971

1972-2145

2146-2297

2298-2943

10

844-1851

1852-2067

2068-2218

2219-2310

2311-3008

FCAT Mathematics grade level scale scores (100 to 500) for each achievement level step 1:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

3

100-252

253-293

294-345

346-397

398-500

4

100-259

260-297

298-346

347-393

394-500

5

100-287

288-325

326-354

355-394

395-500

6

100-282

283-314

315-353

354-390

391-500

7

100-274

275-305

306-343

344-378

379-500

8

100-279

280-309

310-346

347-370

371-500

9

100-260

261-295

296-331

332-366

367-500

10

100-286

287-314

315-339

340-374

375-500

FCAT Mathematics developmental scale scores (375 to 2709) for each achievement level step 1:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

3

375-1078

1079-1268

1269-1508

1509-1749

1750-2225

4

581-1276

1277-1443

1444-1657

1658-1862

1863-2330

5

569-1451

1452-1631

1632-1768

1769-1956

1957-2456

6

770-1553

1554-1691

1692-1859

1860-2018

2019-2492

7

958-1660

1661-1785

1786-1938

1939-2079

2080-2572

8

1025-1732

1733-1850

1851-1997

1998-2091

2092-2605

9

1238-1781

1782-1900

1901-2022

2023-2141

2142-2596

10

1068-1831

1832-1946

1947-2049

2050-2192

2193-2709

 

(b) The Commissioner of Education will review FCAT performance data after each test administration and make a recommendation to the State Board of Education about future implementation of the Reading and Mathematics step 2 achievement levels shown in the following tables.

 

Reading grade-level scale scores (100 to 500) for each achievement level step 2:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

3

100-271

272-296

297-344

345-406

407-500

4

100-287

288-311

312-351

352-398

399-500

5

100-268

269-298

299-343

344-396

397-500

6

100-277

278-308

309-351

352-399

400-500

7

100-279

280-312

313-356

357-401

402-500

8

100-283

284-322

323-362

363-406

407-500

9

100-297

298-334

335-366

367-394

395-500

10

100-299

300-339

340-367

368-384

385-500

Reading developmental scale scores (86 to 3008) for each achievement level step 2:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

3

86-1129

1130-1281

1282-1572

1573-1949

1950-2514

4

295-1395

1396-1536

1537-1770

1771-2046

2047-2638

5

474-1419

1420-1587

1588-1839

1840-2135

2136-2713

6

539-1525

1526-1697

1698-1936

1937-2202

2203-2758

7

671-1613

1614-1786

1787-2017

2018-2252

2253-2767

8

886-1761

1762-1947

1948-2137

2138-2347

2348-2790

9

772-1846

1847-2046

2047-2220

2221-2372

2373-2943

10

844-1925

1926-2142

2143-2293

2294-2385

2386-3008

Mathematics scale scores (100 to 500) for each achievement level step 2:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

3

100-265

266-306

307-358

359-410

411-500

4

100-272

273-310

311-359

360-406

407-500

5

100-300

301-338

339-367

368-407

408-500

6

100-295

296-327

328-366

367-403

404-500

7

100-287

288-318

319-356

357-391

392-500

8

100-292

293-322

323-359

360-383

384-500

9

100-273

274-308

309-344

345-379

380-500

10

100-299

300-327

328-352

353-387

388-500

Mathematics developmental scale scores (375 to 2709) for each achievement level step 2:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

3

375-1142

1143-1331

1332-1572

1573-1812

1813-2225

4

581-1337

1338-1503

1504-1717

1718-1923

1924-2330

5

569-1516

1517-1696

1697-1833

1834-2021

2022-2456

6

770-1613

1614-1750

1751-1918

1919-2078

2079-2492

7

958-1715

1716-1840

1841-1994

1995-2135

2136-2572

8

1025-1786

1787-1905

1906-2051

2052-2146

2147-2605

9

1238-1828

1829-1947

1948-2069

2070-2188

2189-2596

10

1068-1888

1889-2003

2004-2105

2106-2249

2250-2709

 

(b)(c) The Beginning with the effective date of this rule, the achievement levels for the FCAT Science shall be as shown in the following table.

 

FCAT Science grade-level scale scores (100 to 500) for each achievement level:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

5

100-272

273-322

323-376

377-416

417-500

8

100-269

270-324

325-386

387-431

432-500

11

100-278

279-323

324-379

380-424

425-500

 

(d) The achievement levels for the 2007 and 2008 FCAT Writing+ shall be as shown in the following table.

 

Writing+ grade-level scale scores (100 to 500) for each achievement level:

Grade

Level 1

Level 2

Level 3

Level 4

Level 5

4

100-239

240-289

290-364

365-426

427-500

8

100-249

250-298

299-355

356-415

416-500

10

100-249

250-299

300-341

342-402

403-500

 

The passing standard for the 2007 and 2008 Grade 10 FCAT Writing + shall be a score equal to or greater than 300 on the 100 to 500 scale. The achievement levels and passing standard specified in this subsection shall apply only to the 2007 and 2008 administrations of FCAT Writing +.

(6) Examinee scores on the FCAT 2.0 Reading and Mathematics shall be reported by the use of scaled scores and achievement levels defined by the baseline assessment administered during the 2010-2011 school year. Examinee scores on the FCAT 2.0 Science shall be reported by the use of scaled scores and achievement levels defined by the baseline assessment administered during the 2011-2012 school year. Examinee scores on EOC assessments shall be reported by the use of scaled scores and achievement levels defined by the baseline assessment administered as follows: Algebra 1 EOC Assessment (2010-2011), Geometry EOC Assessment (2011-2012), Biology 1 EOC Assessment (2011-2012), United States History EOC Assessment (2012-2013), and Civics EOC Assessment (2013-2014). Achievement levels will range from 1 through 5, with level 1 being the lowest achievement level, level 5 being the highest achievement level, and level 3 indicating satisfactory performance on the assessment.

(7)(6) Students Pursuant to Section 1008.22(3)(c)5., F.S., students who entered were enrolled in grade nine during in the 1999-2000 school year through the 2008-2009 school year fall of 1999 and thereafter, shall be required to earn passing scores on the Grade 10 FCAT Reading grade ten Florida Comprehensive Assessment Test in reading and mathematics and students who entered grade nine during the 1999-2000 school year through the 2009-2010 school year shall be required to earn passing scores on the Grade 10 FCAT Mathematics. Students who entered grade nine during the 2009-2010 school year and thereafter, shall be required to earn passing scores on the Grade 10 FCAT 2.0 Reading.

(8)(7) For students who entered grade nine during the 2000-2001 school year through the 2009-2010 school year, in the graduating class of 2003-04 school year and beyond, the passing score for the required reading and mathematics assessments tests shall be a score equal to or greater than 300 on the 100 to 500 scale, and 1926 for the reading assessment test and 1889 for the mathematics assessment test on the developmental scale, unless the student had previously qualified for the passing scores required for the 2002-2003 graduating class. For students entering grade nine during the 2010-2011 school year and beyond, the passing score for all assessments required for high school graduation or for course credit shall be the minimum scale score in achievement level 3.

(9)(8) The Commissioner of Education shall review annually student performance levels annually and recommend to the State Board of Education whether to maintain the existing passing scores and achievement levels or to increase one or more of the requirements.

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

(11)(10) Students with disabilities may be provided test modifications or accommodations in accordance with the provisions of Rule 6A-1.0943, F.A.C.

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

Rulemaking Specific Authority 1001.02, 1008.22 FS. Law Implemented 1001.02, 1001.11, 1008.22, 1008.25, 1008.33 FS. History–New 1-24-99, Amended 10-7-01, 1-22-02, 12-23-03, 3-27-06, 3-1-07, 2-25-09,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jeff Sellers, Interim Deputy Commissioner, Accountability, Research and Measurement
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric Smith, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 12, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 30, 2010