Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
Rule No. : RULE TITLE :
6A-1.094221: Alternative Standardized Reading Assessment and Use of Student Portfolio for Good Cause Promotion
PURPOSE AND EFFECT: The purpose and effect of this proposed amendment is to provide guidance relating to the statewide public school student progression law eliminating social promotion by reducing the number of examples per benchmark required for the third grade portfolio, aligning the criteria for the portfolio to the new FCAT Item Specifications, and eliminating the reference to SAT-9 as it is no longer provided by the publishing company. Most recently, the Florida Comprehensive Assessment Test (FCAT) was revised to align with the current Sunshine State Standards. Due to this revision, Rule 6A-1.094221, F.A.C., will need revisions to align to the new FCAT 2.0. The grade 3 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: An increase in the average passage length from 350 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. Due to the number of benchmarks that are now assessed on FCAT 2.0, the rule as it exists would require 5 examples per benchmark for completion of the portfolio, equaling 70 samples of student work from one student to demonstrate proficiency of third grade benchmarks. This is a drastic increase, from 40 to 70 samples, and an unrealistic expectation for students. This will cause loss of instructional time for the most struggling students. Therefore, a reduction of the number of examples required for the third grade student portfolio is proposed.
SUMMARY: The proposed amendment reduces the number of examples per benchmark required for the third grade portfolio, aligns the criteria for the portfolio to the new FCAT Item Specifications, and eliminates the reference to the Stanford Achievement Test, 9th Edition.
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(9) FS.
LAW IMPLEMENTED: 1008.25(6)(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-1.094221 Alternative Standardized Reading Assessment and Use of Student Portfolio for Good Cause Promotion.

(1) Pursuant to Section 1008.25(6), F.S., relating to the statewide public school student progression law eliminating social promotion, students who score at Level 1 on the Grade 3 Florida Comprehensive Assessment Test (FCAT) Reading may be promoted to grade four if the student:

(a) Scores at or above the 51st percentile on the Reading SAT-9 or at or above the 45th percentile on the Reading SAT-10;

(b) Demonstrates an acceptable level of performance on an alternative standardized reading assessment approved pursuant to subsection (2) of this rule;

(c) Demonstrates reading on grade level as evidenced through mastery of the Sunshine State Standards in reading equal to at least Level 2 performance on the Grade 3 FCAT Reading.

(2) No change.

(3) To promote a student using a student portfolio as a good cause exemption there must be evidence that demonstrates the student’s mastery of the Sunshine State Standards in reading equal to at least a Level 2 performance on the Grade 3 FCAT Reading. Such evidence shall be an organized collection of the student’s mastery of the Sunshine State Standard Benchmarks for Language Arts that are assessed by the Grade 3 FCAT Reading. The student portfolio must meet the following criteria:

(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 that the benchmarks assessed by the Grade 3 FCAT Reading have been met. Evidence is to include multiple choice items and passages that are approximately sixty (60) percent literary text and forty (40) percent information text, and that are between 100-700 words with an average of 500 350 words. Such evidence could include chapter or unit tests from the district’s/school’s adopted core reading curriculum that are aligned with the Sunshine State Standards or teacher-prepared assessments.

(d) Be an organized collection of evidence of the student’s mastery of the Sunshine State Standard Benchmarks for Language Arts that are assessed by the Grade 3 FCAT Reading. For each benchmark, there must be at least three (3) five (5) examples of mastery as demonstrated by a grade of seventy (70) percent “C” or above, and

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

Rulemaking Specific Authority 1008.25(9)(8)(b) FS. Law Implemented 1008.25(6)(b)3. FS. History–New 5-19-03, Amended 7-20-04, 3-24-08, 2-1-09,________.


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