tabe handbook

POLICIES AND GUIDELINES

MIAMI-DADE COUNTY PUBLIC SCHOOLS SCHOOL OPERATIONS

Rev. 12/2011

THE SCHOOL BOARD MIAMI-DADE COUNTY, FLORIDA

Perla Tabares Hantman, Chair Dr. Martin S. Karp, Vice-Chair

Dr. Dorothy Bendross-Mindingall Susie V. Castillo Carlos L. Curbelo

Dr. Lawrence S. Feldman Dr. Wilbert “Tee” Holloway

Dr. Marta Pérez Raquel A. Regalado

Superintendent of Schools Alberto M. Carvalho

Chief Operating Officer Valtena G. Brown School Operations

Revised 3/1/13

TABLE OF CONTENT

GENERAL INFORMATION

TABE 9 and 10 .......................................................................................................................................... 1

Who Should Be Assessed in AGE Programs? .................................................................................. 1

Initial Placement and Educational Functioning Level Determined by Lowest Pretest Score .. 1

Frequency of Assessments/Post-test Guidelines .............................................................................. 1

Exceptions to Test Publisher-Recommended Posttest Guidelines ............................................... 2

Grade Equivalents .................................................................................................................................... 2

Scoring and Alignment with NRS .......................................................................................................... 2

National Reporting System (NRS) Educational Functioning Levels (EFL) .................................. 3

TABE 9 & 10 GE and Content Ranges ................................................................................................ 4

Who Must Be Tested in Career Technical Education (CTE) Programs? ..................................... 5

Who Should Administer the TABE? ...................................................................................................... 6

Ability-to-Benefit (ATB) ............................................................................................................................ 6

Recording Test Data ................................................................................................................................ 6

Maintenance of Test Security ................................................................................................................ 7

Data Quality Checks ................................................................................................................................ 7

Emergency Procedures ........................................................................................................................... 7

Transfer of Test Scores ........................................................................................................................... 8

Testing within Miami-Dade County Public Schools (MDCPS) Adult/Career Education Centers ........................................................................................................................................................ 8

Accommodations for Students with Disabilities or Other Special Needs ..................................... 8

Procedures to Identify Learners With Disabilities .............................................................................. 8

Procedures to Administer Assessments to Learners With Disabilities ......................................... 9

Documentation on Adult Education Students With Disabilities .................................................... 10

Best Practices in Administering TABE ............................................................................................... 10

TABE Security and Compliance Self-Monitoring Checklist ........................................................... 11

References ............................................................................................................................................... 13

TABLE OF CONTENT

RESOURCES

RULE 6A-6.014 General Requirements for Adult General Education Program ....................... 14

Rule 6A-10.042 Maintenance of Test Security ................................................................................ 16

1008.24 Test Security ............................................................................................................................ 18

6A-6.0571 Career and Technical Education and Adult General Education Standards and Industry-Driven Benchmarks. ............................................................................................................... 19

6A-1.0943 Statewide Assessment for Students with Disabilities. ............................................... 21

6A-6.0331 General Education Intervention Procedures, Identification, Evaluation, Reevaluation and the Initial Provision of Exceptional Education Services. ............................... 24

Briefing ID #: 5772 .................................................................................................................................. 35

Preparing for the TABE

Guidelines for Interpreting Test Scores

TABE 9 & 10

Other Resources

TABE Online

General Information


TABE Policies and Guidelines

GENERAL INFORMATION

1

In accordance with State Board of Education Rule 6A-6.014, The Tests for Adult Basic Education (TABE) is used in Miami-Dade County Public Schools as the primary test used for placement of students, 16 years of age and older, enrolled in the Adult General Education (AGE) program. The purpose of this assessment is to establish the students’ initial functioning level.

TABE 9 and 10

In Miami-Dade County Public Schools the core tests of TABE 9 and 10 are utilized. They are Reading, Language, Mathematics Computation and Applied Mathematics. We provide TABE PC, TABE Online and the Paper version of TABE. We also provide a Literacy Level test in a one-on-one consumable book.

Who Should Be Assessed in AGE Programs?

All Adult General Education students who are supported by federal funds are required to be pre- and post-tested with the TABE. There are some exceptions. Adult High School students and GED Preparation students are not required to be post-tested for the final Literacy Completion Point (LCP) (Level 6-Adult Secondary Education (ASE) High). Adult High School co-enrolled students are not required to be pre- or post-tested. The pre-test must be administered within the first twelve (12) hours of instruction.

Initial Placement and Educational Functioning Level Determined by Lowest Pretest Score

The United States Department Of Education (USDOE) and Florida Department Of Education (FLDOE) require that for each program year, programs establish a baseline, initial Educational Functioning Level (EFL) for placing students in a National Reporting System (NRS) level. If multiple skill areas are assessed and the student has different abilities in different areas, the program should place the student according to the lowest functioning level. For example, if a student is at the beginning level in reading and the low intermediate level in math, then the student would be placed in the beginning level. The lowest functioning level also should be used to determine educational gain in subsequent assessments. If a program tests ABE students enrolled in the Comprehensive ABE Course in the three skill areas of mathematics, reading and language, the program must use the lowest of the three scores to determine the EFL of the student for NRS reporting purposes.

Frequency of Assessments/Post-test Guidelines

Following the initial assessment (pre-test), the recommended instruction time prior to post-testing is 60 hours with the same level, different form of the TABE. The same level, same form of the TABE must not be administered at less than 120 hours of instruction. The posttest scores will be used to measure the student’s progress from one level to another and to report learning gains by students. The posttest may be used as the new pretest for the next phase of instruction.


GENERAL INFORMATION

2

Exceptions to Test Publisher-Recommended Posttest Guidelines

Exceptions to the posttest guidelines recommended by test publishers should be limited and rare. Only under special exceptions may students be post-tested at less than the time recommended by the test publisher. Factors to consider are those that impact learning gains, such as intensity/duration of instruction, learner motivation, quality of instruction, the link between learner goals and instruction, and whether a student must leave the course of instruction for reasons beyond his or her control. If a student indicates he or she is leaving the program before the scheduled posttest time, the teacher, counselor and/or test administrator should consult with the student to determine if it would be appropriate to posttest the student before he or she exits the program. However, this in itself is not enough reason to posttest prior to publisher recommendations.

Programs must have appropriate documentation, such as a portfolio of work or informal assessments that indicate the student has made progress, before the program makes the decision to administer a posttest at less instructional hours than recommended by the test publisher. Each exception to administering a posttest to a student before the publisher’s recommended hours of instruction must be approved by the local administrator or designee, and must be noted in the program’s data reporting system (VACS). The approval must be retained in the student's record and be made available for review upon request for FLDOE monitoring purposes.

Grade Equivalents

Grade Equivalents (GE) are intended to indicate achievement levels in the educational structure of elementary and secondary schools. GE is a score developed to indicate the school grade (usually measured in months) that corresponds to an average chronological age, mental age, test score, or other characteristic of an elementary or secondary student. A GE of 6.4 represents a score that is average for a student in the fourth month of grade six. GEs do not compose a scale of equal intervals and cannot be added, subtracted, or averaged across test levels the way scale scores can. GEs do not have comparable meaning in programs that focus on the education and training of adults.

Scoring and Alignment with NRS

The following tables show the scale scores for placement and progression of ABE students using TABE 9 & 10. Scale scores are used for NRS reporting and represent a more meaningful measure than GEs to assess educational gain over time. Students should be placed in an initial EFL and considered for promotion to the next EFL based on scale scores rather than on GEs.


GENERAL INFORMATION

3

National Reporting System (NRS) Educational Functioning Levels (EFL)

NRS Educational Functioning Levels Four ABE Levels NRS Level

ABE Beginning Literacy (0-1.9) 1 Reading at or below 367 Total Math at or below 313 Language at or below 389

ABE Beginning – Basic Education (2.0-3.9) 2 Reading 368-460 Total Math 314-441 Language 390-490

ABE Intermediate – Low (4.0-5.9) 3 Reading 461-517 Total Math 442-505 Language 491-523

ABE Intermediate – High (6.0-8.9) 4 Reading 518-566 Total Math 506-565 Language 524-559

Two ASE Levels Low Adult Secondary Education (9.0-10.9) 5

Reading 567-595 Total Math 566-594 Language 560-585

High Adult Secondary Education (11.0-12.9) 6 Reading 596-above Total Math 595-above Language 586-above


GENERAL INFORMATION

4

TABE 9 & 10 GE and Content Ranges

The TABE 9 & 10 has a Standard Deviation of plus or minus two years when using grade-level equivalents. The chart below will assist you in making decisions as to whether the student was tested on an inappropriate level of the TABE, or if the content range of material is appropriate for the student using either GEs or scale scores. When testing students/clients, it is good educational practice to retest a student who scores two grade levels above or below the content range of the test administered.

This table shows the relationship between the TABE levels and the GE and Content Ranges. If a student scores + or – two (2) grade levels outside the content range, the student should be retested on another level of the TABE.

Two GEs Content Two GEs Levels Below the content range Range Above the content range Level E 0.0 2.0 -3.9 5.9

Level M 2.0 4.0 -5.9 7.9

Level D 4.0 6.0 -8.9 10.9

Level A 7.0 9.0 -12.0


GENERAL INFORMATION

5

Who Must Be Tested in Career Technical Education (CTE) Programs?

State Board of Education Rule 6A-10.040, Basic Skills Requirements for Postsecondary Career/Technical Certificate Education, requires students who are enrolled in a postsecondary career/technical (PSAV) certificate program of 450 hours or more to complete a basic skills examination within the first six weeks after admission into the program. The TABE 9 & 10 has been designated as the instrument to assess student mastery of basic skills. Students whose first language is not English are not exempt from mastery of basic skills because of language deficiencies. The alternative assessment Comprehensive Adult Student Assessment System (CASAS) can be used for initial testing. Limited English Proficient (LEP) students shall be given English language instruction and remediation in basic skills as needed to correct deficiencies. LEP students must achieve the minimum required basic skill score on the TABE 9 & 10 to be awarded a certificate of completion in a career/technical program.

The Unable to Test/Modification of Assessment/Deferment of Assessment (FM-6061, http://forms.dadeschools.net/webpdf/6061.pdf) form is to be used for low-literate students whose testing has been deferred and for students with disabilities who are unable to complete the test and/or whose basic skills requirement has been waived even with approved modifications.

Certain job preparatory programs require students to be tested for basic skills in accordance with State Board of Education Rule 6A-10.040, Basic Skills Requirements for Postsecondary Career/Technical Certificate Education. Please see Briefing ID # 5772 for the procedures to determine eligibility for adult students with disabilities, enrolled in postsecondary career certificate programs at Adult/Vocational centers, to be exempt from the minimum basic skills requirement.

a. Students who are enrolled in a post-secondary adult program of four hundred fifty (450) clock hours or more shall complete a basic skills examination within the first six weeks after admission into the program.

b. Minimum basic skills grade levels in mathematics, language, and reading are defined in each career and technical program description adopted under State Board of Education Rule 6A-6.0571, Vocational and Workforce Development Standards and Industry-Driven Benchmarks.

c. Career/Technical education does not require the locator for placement into the appropriate level for testing. TABE level A is given if the program completion is above 9th grade level, TABE level D is given if the completion level is below 9th grade and either level A or D may be given if the completion level is at 9th grade.

d. Students deemed to lack the required minimal level of basic skills as measured by one of the designated examinations should be provided with instructions specifically designed to correct the deficiencies through the Applied Academics for Adult Education (AAAE) course.

http://forms.dadeschools.net/webpdf/6061.pdf


GENERAL INFORMATION

6

e. After a student completes the remediation prescribed for basic-skills deficiencies, the student should be retested using an alternative form (if possible) of the same examination that was used in the initial testing. No student shall be awarded a career and technical certificate until the student achieves the minimum level of basic skills required by the Florida Department of Education for that program.

f. A student who possesses a college degree at the associate level in applied science or higher is exempt from the basic skills requirement. A student who has completed or who is exempt from the college entry-level examination pursuant to section 1008.29, Florida Statutes, is exempt from the basic skills requirement. The level of exemptions are as follows:

Reading: ACT 22; SAT 500; ACCUPLACER/CPT 93

Writing: ACT 21; SAT 500; ACCUPLACER/CPT 105

Mathematics: ACT 21; SAT 500; ACCUPLACER/CPT 91

Students who have passed a state, national or industry licensure exam are exempt from the basic-skills requirement. Also, students in registered apprenticeship programs are exempt from the basic skills requirement.

Who Should Administer the TABE?

Only those individuals who have successfully completed a test administrator training will administer tests to students. Principals will notify the District TABE contact/State of Florida certified TABE trainer when there is a need for personnel to be trained to administer the TABE. The TABE trainer will schedule new personnel for established training sessions. Persons who are trained to administer the TABE must adhere to the test publisher’s guidelines. TABE Refresher sessions will be required for TABE administrators every two years after their initial certification.

Ability-to-Benefit (ATB)

Ability-to-Benefit (ATB) is only for students who are applying for Federal financial aid and do not have a High School diploma or equivalent. ATB is a Federal program under the Department of Labor and was created due to large numbers of students defaulting on Federal student loans. The point of ATB testing is to show that a student can benefit from a postsecondary education even though he or she does not have a high school diploma or GED. ATB is used to qualify students for federally funded financial aid. The only state approved test for this purpose is the Wonderlic Basic Skills Test (WBST).

Recording Test Data

All test scores (pretest and posttest) are required to be entered into VACS within 48 hours after the student has tested.


GENERAL INFORMATION

7

Maintenance of Test Security

Florida Department of Education State Board Rule 6A-10.042 FAC includes maintenance of test security. Additionally, all test administrators must follow security protocol that is outlined by test publishers and is explained during the test administrator certification training.

Florida Statute §1008.24 states that violations of test security guidelines are a first-degree misdemeanor punishable by a fine of up to $1,000 and six months in jail. Any suspected violations of test security must be reported. This includes missing test materials and cheating. The reporting chain is as follows: The incident must be reported to the person responsible for testing at the school, the site administrator (who should contact school police at 305-995-COPS if criminal activity is suspected), the local assessment director’s office and the FLDOE, Adult Education Office. The FLDOE will advise the test publisher of the incident.

All test security compromise incidents should be documented by the program and include a summary of the events associated with the incident, along with any appropriate statements from the parties involved. Programs will be required to stipulate what actions, if any, will be implemented to prevent a similar occurrence in the future.

Destroying of Damaged and/or Obsolete Test Materials

Damaged or obsolete test materials need to be shredded at the adult/career technical center by staff designated by the principal. A memo from the principal including a detailed list of what was destroyed, the date the material was shredded and signatures of the person who shredded the documents, a witness and the principal, should be sent to the District TABE contact at School Operations-Office of Adult and Community Education.

Data Quality Checks

Personnel at adult/career technical education centers should be trained before being authorized to enter scores into VACS. Our adult education data department ensures the appropriate system logic and data verification procedures are in place to meet State requirements. The director of Assessment, Research and Data Analysis is authorized to run electronic and manual data edits and error reports before data is submitted to the State.

Emergency Procedures

The following procedures should take place when there is a school emergency. School emergencies include but are not limited to evacuation and fire drills. When using the paper version of TABE, stop the timer and write the stop time on the board, have the students place their answer sheets and scratch paper inside the booklets, proctor should collect the booklets and everyone should exit the room. When everyone returns to the room, students should return to their assigned seats, proctor should return the books then resume the time and write the new stop time on the board. When TABE PC is used, students should engage the book marking feature that will stop the timer. When using TABE Online the students should kill the internet connection which will bookmark the test.


GENERAL INFORMATION

8

Transfer of Test Scores

Test results may be transferred between institutions. They must be less than two (2) years old for Career/Technical Education students and less than one (1) year old for Adult General Education students. The test results must be mailed in a sealed envelope or faxed under privacy cover to be acceptable. Computer printouts of scores hand carried by students are not acceptable.

Testing within Miami-Dade County Public Schools (MDCPS) Adult/Career Education Centers

Students can be referred to another MDCPS Adult/Career Technical Education Center for testing under the following conditions:

• There is mutual agreement between the site administrators • Testing time slots are unavailable at the enrollment site • Testing time slots at the enrollment site do not meet the student’s schedule

Accommodations for Students with Disabilities or Other Special Needs

Accommodations refer to adjustments made in either instruction or assessment, and enable adults with disabilities to participate fully in an academic setting. Accommodations are made to allow the student with a disability (or disabilities) to demonstrate his or her skills and abilities more accurately than if no accommodations were made. Accommodations must meet the needs of the examinee without changing what the test is intended to measure.

Procedures to Identify Learners With Disabilities Adult education students with disabilities are responsible for self-identification and for requesting any accommodation they may need. Adult education students are also responsible for submitting documentation of their disability.

Adult education programs should provide ongoing counseling to all adult general education students with disabilities, as part of a system that promotes open communication of available services, including contacts to service agencies. It is also important to encourage students who may require accommodations to obtain the type of assistance that will assist them to achieve academic success. Once students self-identify their disability, documentation of the disability is essential to obtain in order for the staff to provide optimal advising. Documentation may include a variety of records, including a diagnostic assessment by a licensed medical professional (e.g., psychologist, psychiatrist, neurologist), other relevant records that confirm the diagnosis (i.e., an Individual Education Plan [IEP]), a diagnostic evaluation purchased by the Division of Vocational Rehabilitation or records from the Division of Blind Services. It is recommended that staff work closely with students with disabilities to develop current education plans (e.g., career plan or 504 Plan), and monitor their progress, interests and abilities. See the Rehabilitation Act of 1973, Section 504, Part 104.


GENERAL INFORMATION

9

Procedures to Administer Assessments to Learners With Disabilities

Accommodations during the assessment process must provide a framework that allows the learner with a disability to demonstrate the skills and knowledge that the test is designed to measure. Upon receiving a request for specific types of accommodations from a learner with a documented disability, the program should give due consideration to the accommodations requested by the learner. Many test accommodations are based on those used by the learner during instruction. All accommodations should be documented in the learner’s career plan, 504 Plan, or other educational plan. For additional reference, refer to State Board Administrative Rule 6A-1.0943, FAC, Statewide Assessment for Students with Disabilities.

Testing Accommodations may include, but are not limited to, the following:

Flexible scheduling: breaking the test into sections so the student has less time at each testing session. Does not require documentation and does not affect the norming of the test.

Flexible timing: extra time for the student to test. Usually ½ or double time. No such thing as unlimited time. Requires documentation.

Flexible setting: allowing the student to test alone – Does not require documentation and does not affect the norming of the test.

Flexible responding: having someone record the answers for the student. This would require documentation and would probably affect the norming process since extra time is usually required for this type of accommodation.

Flexible presentation: large print, Braille and audio. If you use the audio for reading, it becomes listening comprehension and not reading comprehension. Requires documentation and affects the norming

Assistive device – Assistive devises typically used in classroom instruction such as visual magnification or auditory amplification devices, calculators (if authorized in test administration manual)

Other accommodations and modifications that can be used without documentation are:

• Straight edge for reading • Sticky notes • Color overlay

A student must ask to use the accommodation prior to the testing session.


GENERAL INFORMATION

10

Documentation on Adult Education Students With Disabilities

Appropriate types of documentation should be kept by local adult educational programs that identify learners with disabilities who require accommodations. See State Board Rule 6A-6.0331, FAC for reference. Documentation of the need for specific testing accommodations must be maintained in the learner’s confidential records and be revealed only to authorized individuals.

Best Practices in Administering TABE

The following are best practices when administering TABE:

• Tell students that it is not a pass/fail test. • Tell students that results will be used to place them in the correct level so as not to

waste their time on materials they already know. • Dos and don’ts of proctors: do not grade papers, read the newspaper, talk on the

phone, etc. • Circulate the room and watch for irregularities. • Prepare a seating chart-number, number booklets, and put test book # on answer

sheets and scratch paper. • Hand out scratch paper using a different color each day and shred it when the test is

finished. • Give students pre-instruction in bubbling and changing answers. • Give students a copy of “Preparing for the TABE”, which can be found at

http://www.fldoe.org/Workforce/pdf/TABE_book4web.pdf. • Inform students they will not be able to bring cell phones or electronic devices to the

test. • Write start/stop times on the board • Put a ‘do not disturb’ sign on the door of the testing room. • Use the TABE Locator to determine appropriate test level. It may not be used

instead of the test level. • Career/technical Education does not require the locator for placement into a level of

TABE – TABE Level A is given if the program completion is above 9th grade level, TABE level D is given if the completion level is below 9th grade and either level A or D may be used if the completion level is at 9th grade. Remember that A has higher math skills than D and these are needed in certain programs like nursing and electronics.

• When testing students, it is good educational practice to retest a student that scores two (2) grade levels above or below the content range of the test administered.

• When scores are at the extremes of the accepted range for a given skill level, consider retesting at the level being approached.

• Use determined test level in a ‘standardized’ manner which entails using proper timing, reading script verbatim and following test directions explicitly.

• Make note of the predictive GED scores on the D and A levels of the TABE to determine students’ readiness for the GED test.

http://www.fldoe.org/Workforce/pdf/TABE_book4web.pdf


GENERAL INFORMATION

11

• Create and maintain appropriate testing environment by using trained test administrators and proctors, appropriately spacing/seating of students and distributing and collecting materials in the proper manner.

• Score and report test using proper norms. • Make sure to honor CTB/McGraw-Hill copyrights. • Consider variables that can affect the test results. For students, fatigue, motivational

level, physical discomfort and text anxiety can be variables. Light levels, temperature, noise level, ventilation and other distractions can be environmental variables.

TABE Security and Compliance Self-Monitoring Checklist

In order to ensure the correct policies and procedures are in place, technical assistance and compliance visits will be conducted at all adult/career technical education centers. Below is the checklist that is available for self-monitoring at sites and for official visits.


GENERAL INFORMATION

12

TABE Security and Compliance Self-Monitoring Checklist

School: Date:

Testing Contact: Principal: INVENTORY YES NO COMMENTS

1. Testing staff has received appropriate training and are certified.

2. The Adult Test Chair assumes responsibility for safeguarding all materials.

3. Staff who administers assessments returns all materials immediately after use to the Test Chairperson or the designee(s).

4. All answer sheets and writing samples are treated as confidential until destroyed.

5. Adult center does not use or display, questions, or answers that appear on any test to create materials designed to teach or prepare learners to answer test items.

6. Unauthorized persons do not have access to testing materials, including electronic tests.

7. All testing materials are secured in locked storage.

8. Inventory log of test materials is updated weekly.

9. Test Chair is responsible that all test materials are accounted for (booklets, electronic tests, software, etc.).

10. Test Chair knows the procedures to follow when lost/missing material is reported.

11. Obsolete materials are properly destroyed (includes markings, torn, etc.).

12. Uses a memo from the principal with details of what was shredded and by whom along with the principal’s and witness’ signature.

13. There is a written log for checking out and returning test materials.

14. Written log of testing sessions (date, student name, test book, materials #, “returned”).

15. All internal forms and logs are clearly labeled with the adult center name and work location.

16. Tests are given in a quiet area.

17. A “Do not Disturb-Testing in Progress” sign is posted.

18. Test Administrator/Proctor uses a seating chart when administering tests.

19. ADMIN rights meet recommendations.

20. Keys are left on school grounds (master key) in a secured location. Off-campus locations have a secured location for keys.

21. All scores are entered in VACS within 48 hours.


GENERAL INFORMATION

13

References

Adult Education Assessment Technical Assistance Paper 2011-2012; Florida Department of Education

Miami-Dade County Public Schools; District/School Operations; Adult and Community Education Handbook

Tests of Adult Basic Education; CTB McGraw-Hill

Resources



RESOURCES

14

RULE 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), F.S.; 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, F.A.C.

(4). Academic skills tests for adults.

a. The following tests, English language versions only, are approved to be used for placement and documentation of learning gains of a student enrolled in the adult general education program. The tests shall be used according to standards established for test administration and interpretation set forth in Standards for Educational and Psychological Testing (APA, AERA, NCME, 1999) and with appropriate accommodations for students with disabilities as specified in Section 1004.02(7), F.S.

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);

2. Comprehensive Adult Student Assessment System (CASAS) (all active assessments as of the date of adoption of this rule).

3. General Assessment of Instructional Needs (GAIN) – test of English skills, Forms A & B.

4. General Assessment of Instructional Needs (GAIN) – test of Math skills, Forms A & B.

b. The following tests, English language versions only, are approved to be used for placement of a student enrolled in the adult English for Speakers of Other Languages 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, 1999) and with appropriate accommodations for students with disabilities, as specified in Section 1004.02(7), F.S.


RESOURCES

15

1. Comprehensive Adult Student Assessment System (CASAS) (all active assessments as of the date of adoption of this rule);

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

3. Basic English Skills Test (BEST) Literacy (all active assessments as of the date of adoption of this rule);

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

5. Tests for Adult Basic Education Complete Language Assessment System – English (TABE CLASE) (all active assessments as of the date of this rule).

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);

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

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

2. Comprehensive Adult Student Assessment (CASAS) (all active assessments as of the date of adoption of this rule);

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

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.

Rulemaking Authority 1001.02(1), 1004.93(8), 1011.80(11) FS. Law Implemented 1004.93, 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, 9-19-07, 818-09, 2-1-11.


RESOURCES

16

Rule 6A-10.042 Maintenance of Test Security

(1). Tests implemented in accordance with the requirements of Sections 1004.93, 1008.22, 1008.29, 1008.30, 1012.55, and 1012.56, Florida Statutes, shall be maintained and administered in a secure manner such that the integrity of the tests shall be preserved.

a. Test questions shall be preserved in a secure manner by individuals who are developing and validating the tests. Such individuals shall not reveal in any manner, verbally or in writing, the test questions under development.

b. Tests or individual test questions shall not be revealed, copied, or otherwise reproduced by persons who are involved in the administration, proctoring, or scoring of any test.

c. Examinees shall not be assisted in answering test questions by any means by persons administering or proctoring the administration of any test.

d. Examinees’ answers to questions shall not be interfered with in any way by persons administering, proctoring, or scoring the examinations.

e. Examinees shall not be given answer keys by any person.

f. Persons who are involved in administering or proctoring the tests or persons who teach or otherwise prepare examinees for the tests shall not participate in, direct, aid, counsel, assist in, or encourage any activity which could result in the inaccurate measurement or reporting of the examinees’ achievement.

g. Each person who has access to tests or test questions during the development, printing, administration, or scoring of the tests shall be informed of specifications for maintaining test security, the provisions in statute and rule governing test security, and a description of the penalties for breaches of test security.

h. During each test administration, school district and institutional test administration coordinators and contractors employing test administrators and proctors shall ensure that required testing procedures are being followed at all test administration sites. Officials from the Department are authorized to conduct unannounced observations of test administration procedures at any test administration site to ensure that testing procedures are being correctly followed.

(2). Test materials, including all test booklets and other materials containing secure test questions, answer keys and student responses, shall be kept secure and precisely accounted for in accordance with the procedures specified in the examination program administration manuals and other communications provided by the Department. Such procedures shall include but are not limited to the following:

a. All test materials shall be kept in secure, locked storage prior to and after administration of any test.

b. All test materials shall be precisely accounted for and written documentation kept by test administrators and proctors for each point at which test materials are distributed and returned.


RESOURCES

17

c. Any discrepancies noted in the number or serial numbers of testing materials received from contractors shall be reported to the Department by designated institutional or school district personnel prior to the administration of the test.

d. In the event that test materials are determined to be missing while in the possession of an institution or school district, designated institutional or school district personnel shall investigate the cause of the discrepancy and provide the Department with a report of the investigation within thirty (30) calendar days of the initiation of the investigation. At a minimum, the report shall include the nature of the situation, the time and place of occurrence, and the names of the persons involved in or witness to the occurrence. Officials from the Department are authorized to conduct additional investigations.

e. In those cases where the responsibility for secure destruction of certain test materials is assigned by the Department to designated institutional or school district personnel, the responsible institutional or school district representative shall certify in writing that such destruction was accomplished in a secure manner.

f. In those cases where test materials are permitted by the Department to be maintained in an institution or school district, the test materials shall be maintained in a secure manner as specified in the instructions provided by the Department. Access to the materials shall be limited to the individuals and purposes specified by the Department.

(3). In those situations where an employee of the educational institution, school district, or contractor, or an employee of the Department suspects a student of cheating on a test or suspects other violations of the provisions of this rule, a report shall be made to the department or test support contractor, as specified in the test administration procedures, within ten (10) calendar days. The report shall include a description of the incident; the names of the persons involved in or witness to the incident, and other information as appropriate. Officials from the Department are authorized to conduct additional investigations.

(4). Violations of test security provisions shall be subject to penalties provided in statute and State Board Rules.

Specific Authority 1001.02(1), 1008(24)(1) FS. Law Implemented 1001.02, 1008.24 FS. History–New 7-5-87, Amended 10-26-94.


RESOURCES

18

1008.24 Test Security

(1). It is unlawful for anyone knowingly and willfully to violate test security rules adopted by the State Board of Education for mandatory tests administered by or through the State Board of Education or the Commissioner of Education to students, educators, or applicants for certification or administered by school districts pursuant to s. 1008.22, or, with respect to any such test, knowingly and willfully to:

a. Give examinees access to test questions prior to testing;

b. Copy, reproduce, or use in any manner inconsistent with test security rules all or any portion of any secure test booklet;

c. Coach examinees during testing or alter or interfere with examinees’ responses in any way;

d. Make answer keys available to examinees;

e. Fail to follow security rules for distribution and return of secure test as directed, or fail to account for all secure test materials before, during, and after testing;

f. Fail to follow test administration directions specified in the test administration manuals; or

g. Participate in, direct, aid, counsel, assist in, or encourage any of the acts prohibited in this section.

(2). Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3). (a) A district school superintendent, a president of a public postsecondary educational institution, or a president of a nonpublic postsecondary educational institution shall cooperate with the Commissioner of Education in any investigation concerning the administration of a test administered pursuant to state statute or rule.

(b) The identity of a school or postsecondary educational institution, the personally identifiable information of any personnel of any school district or postsecondary educational institution, or any specific allegations of misconduct obtained or reported pursuant to an investigation conducted by the Department of Education of a testing impropriety are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the conclusion of the investigation or until such time as the investigation ceases to be active. For the purpose of this paragraph, an investigation shall be deemed concluded upon a finding that no impropriety has occurred, upon the conclusion of any resulting preliminary investigation pursuant to s. 1012.796, upon the completion of any resulting investigation by a law enforcement agency, or upon the referral of the matter to an employer who has the authority to take disciplinary action against an individual who is suspected of a testing impropriety. For the purpose of this paragraph, an investigation shall be considered active so long as it is ongoing and there is a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2014, unless reviewed and saved from repeal through reenactment by the Legislature. History.—s. 370, ch. 2002-387; s. 1, ch. 2009-143.


RESOURCES

19

6A-6.0571 Career and Technical Education and Adult General Education Standards and Industry-Driven Benchmarks.

Section 1004.92, F.S., requires the Department of Education to develop program standards and industry-driven benchmarks for career and technical education and adult and community education programs. The criteria for qualification of individual courses for inclusion in the classification of secondary career education programs prescribed in Section 1011.80, F.S., or Workforce Development Education programs as prescribed in Section 1011.62, F.S., are annually adopted by the State Board and shall be published by the Commissioner in the documents titled, as follows:

“Agriculture, Food & Natural Resources (http://www.flrules.org/Gateway/reference.asp?No=Ref-00223),” “Architecture & Construction (http://www.flrules.org/Gateway/reference.asp?No=Ref-00224),” “Arts, A/V Technology & Communication (http://www.flrules.org/Gateway/reference.asp?No=Ref-00225),” “Business, Management & Administration (http://www.flrules.org/Gateway/reference.asp?No=Ref-00226),” “Education & Training (http://www.flrules.org/Gateway/reference.asp?No=Ref-00227),” “Energy (http://www.flrules.org/Gateway/reference.asp?No=Ref-00228),” “Finance (http://www.flrules.org/Gateway/reference.asp?No=Ref-00229),” “Government & Public Administration (http://www.flrules.org/Gateway/reference.asp?No=Ref-00230),” “Health Science (http://www.flrules.org/Gateway/reference.asp?No=Ref-00231),” “Hospitality & Tourism (http://www.flrules.org/Gateway/reference.asp?No=Ref-00232),” “Human Services (http://www.flrules.org/Gateway/reference.asp?No=Ref-00233),” “Information Technology (http://www.flrules.org/Gateway/reference.asp?No=Ref-00234),” “Law, Public Safety & Security (http://www.flrules.org/Gateway/reference.asp?No=Ref-00235),” “Manufacturing (http://www.flrules.org/Gateway/reference.asp?No=Ref-00236),” “Marketing, Sales & Service (http://www.flrules.org/Gateway/reference.asp?No=Ref-00622),” “Science, Technology, Engineering & Mathematics (STEM) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00238),” “Transportation, Distribution & Logistics (http://www.flrules.org/Gateway/reference.asp?No=Ref-00239),”

http://www.flrules.org/Gateway/reference.asp?No=Ref-00223)

http://www.flrules.org/Gateway/reference.asp?No=Ref-00224


















RESOURCES

20

“Additional CTE Programs/Courses (http://www.flrules.org/Gateway/reference.asp?No=Ref-00240),” all of which fall under the umbrella of the “Career and Technical Education Programs, Academic Year 2011/2012 Curriculum Frameworks by Career Cluster,” or in the document “Adult General Education Standards and Curriculum Frameworks 2011/2012. (http://www.flrules.org/Gateway/reference.asp?No=Ref-000241)” These criteria are hereby incorporated by reference in this rule. Copies of these publications may be obtained from the Division of Career and Adult Education, Department of Education, The Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399 or from the Department’s website at http://www.fldoe.org/workforce/dwdframe and http://www.fldoe.org/workforce/dwdframe/ad_frame.asp. (1). Commissioner of Education waiver authority. The Commissioner of Education may

approve a school’s waiver request submitted by a district school board to allow the school to substitute locally approved intended outcomes for State Board approved outcomes included in the documents titled as follows: “Agriculture, Food & Natural Resources,” “Architecture & Construction,” “Arts, A/V Technology & Communication,” “Business, Management & Administration,” “Education & Training,” “Energy,” “Finance,” “Government & Public Administration,” “Health Science,” “Hospitality & Tourism,” “Human Services,” “Information Technology,” “Law, Public Safety & Security,” “Manufacturing,” “Marketing, Sales & Service,” “Science, Technology, Engineering & Mathematics (STEM),” “Transportation, Distribution & Logistics,” and “Additional CTE Programs/Courses,” all of which fall under the umbrella of the “Career and Technical Education Programs, Academic Year 2011/2012 Curriculum Frameworks by Career Cluster” and “Adult General Education Standards and Curriculum Frameworks 2011-2012,” provided that:

a. The framework does not identify occupations requiring state or federal licensure, certification or registration;

b. Locally approved outcomes specified for the state approved program adequately address the major concepts/content contained in the curriculum framework; and

c. The waiver request fulfills the provisions of Section 1001.10, F.S.

Rulemaking Authority 1004.92(2)(b)3. FS. Law Implemented 1004.92(2)(b)4. FS. History–New 10-30-78, Amended 10-23-79, 5-29-80, 7-9-81, 7-6-82, 5-29-83, 6-14-84, 7-10-85, Formerly 6A-6.571, Amended 7-9-86, 7-22-87, 8-30-88, 7-31-90, 7-31-91, 7-31-92, 7-31-93, 7-31-94, 4-30-96, 1-23-00, 7-21-08, 4-21-09, 5-3-10, 10-25-11.



http://www.flrules.org/Gateway/reference.asp?No=Ref-000241

http://www.fldoe.org/workforce/dwdframe

http://www.fldoe.org/workforce/dwdframe/ad_frame.asp


RESOURCES

21

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 and provide technical assistance to school districts in the implementation of the requirements of this rule including appropriate accommodations for students participating in the statewide assessment program 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 assessment program based on state standards, pursuant to Rule 6A-1.09401, F.A.C., without accommodations unless:

a. The individual educational plan (IEP) team, or the team that develops the plan required under Section 504 of the Rehabilitation Act, determines and documents that the student requires allowable accommodations during instruction and for participation in a statewide assessment; or

b. The IEP team determines that a student with a significant cognitive disability meets the criteria for participating in the statewide alternate assessment under subsection (4) of this rule.

(3). Provision of accommodations for students with disabilities participating in the statewide assessment program.

a. Each school board shall utilize appropriate and allowable accommodations for statewide assessments within the limits prescribed herein and current statewide assessment test administration manuals published by the Florida Department of Education Bureau of Assessment and School Performance, and Bureau of Exceptional Education and Student Services. Copies of the manuals are available by contacting the Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400. Accommodations are defined as adjustments to the presentation of the statewide assessment questions, methods of recording examinee responses to the questions, scheduling for the administration of a statewide assessment to include amount of time for administration, settings for administration of a statewide assessment, and/or the use of assistive technology/devices to facilitate the student’s participation in a statewide assessment. Accommodations that negate the validity of a statewide assessment are not allowable. Within the limits specified in this rule, allowable statewide assessment accommodations are based on 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 a disability 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 accommodations must be identified on the student’s IEP or the plan developed under Section 504 of the Rehabilitation Act.

https://www.flrules.org/gateway/ruleNo.asp?id=6A-1.0943


RESOURCES

22

c. The need for any unique accommodations for use on a statewide assessment not outlined in the statewide assessment test administration manuals published by the Florida Department of Education as described in paragraph (3)(a) of this rule must be submitted to the Department of Education for approval by the Commissioner of Education.

d. District personnel are required to implement the accommodations in a manner that ensures that 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 assessment 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 regularly used for instruction.

(4). Participation in the statewide alternate assessment. The decision that a student with a significant cognitive disability will participate in the statewide alternate assessment is made by the IEP team and recorded on the IEP. The following criteria must be met:

a. The student is unable to master the grade-level general state content standards pursuant to Rule 6A-1.09401, F.A.C., even with appropriate and allowable instructional accommodations, assistive technology, or accessible instructional materials;

b. The student is participating in a curriculum based on the 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). Pursuant to Section 1008.22(3)(c)6., F.S., upon approval of the Commissioner, a student with a disability, as defined in Section 1003.01(3)(a), F.S., is eligible for consideration of a special exemption from participation in statewide assessments, including the alternate assessment, under extraordinary circumstances. Extraordinary circumstances are events or conditions that prevent the student from physically demonstrating the mastery of skills that have been acquired and are measured by statewide assessments. A learning, emotional, behavioral, or significant cognitive disability or the receipt of services through the homebound or hospitalized program in accordance with Rule 6A-6.03020, F.A.C., does not, in and of itself, constitute an


RESOURCES

23

(6). extraordinary circumstance. Extraordinary circumstances are physical conditions that affect a student’s ability to communicate in modes deemed acceptable for statewide assessments, creating a situation where the results of administration of a statewide assessment would reflect a student’s impaired sensory, manual, or speaking skills rather than the student’s achievement. A request for consideration of this special exemption must be submitted to the Commissioner in writing from the district school superintendent no later than thirty (30) school days prior to the assessment administration window. Attached documentation 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;

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 statewide assessment, 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.

The Commissioner shall determine whether the exemption will be granted based upon the documentation provided by the district school superintendent. A request for the determination of a special exemption must be submitted annually and approved by the Commissioner.

Rulemaking Authority 1003.428(5), 1003.43(8), 1003.571, 1008.22(3), (12) FS. Law Implemented 1003,428(5), 1003.43(8), 1003.571, 1008.22(3), (12) FS. History–New 9-12-78, Amended 3-4-84, Formerly 6A-1.943, Amended 6-12-90, 9-17-01, 7-1-10.


RESOURCES

24

6A-6.0331 General Education Intervention Procedures, Identification, Evaluation, Reevaluation and the Initial Provision of Exceptional Education Services.

The state’s goal is to provide full educational opportunity and a free appropriate public education (FAPE) to all students with disabilities ages three (3) through twenty-one (21) and to school age students who are gifted. School districts have the responsibility to ensure that students suspected of having a disability are subject to general education intervention procedures. They must ensure that all students with disabilities or who are gifted and who are in need of specially designed instruction and related services are identified, located, and evaluated, and appropriate exceptional student education is made available to them if it is determined that the student meets the eligibility criteria specified in Rules 6A-6.03011 through 6A-6.0361, F.A.C. These requirements apply to all students, including those who are homeless or are wards of the state or who attend private schools, regardless of the severity of their disability. Additionally, school districts may elect to serve children with disabilities below the age of three (3) years in collaboration with the Part C Early Steps Program. The procedures and criteria for general education interventions, identification, evaluation, and determination of eligibility of students with disabilities and gifted students by school districts shall be set forth in the school district’s Exceptional Student Education (ESE) Policies and Procedures document consistent with the following requirements.

(1). General education intervention procedures for kindergarten through grade twelve (12) students suspected of having a disability. It is the local school district’s responsibility to develop and implement coordinated general education intervention procedures for students who need additional academic and behavioral support to succeed in the general education environment. In implementing such procedures, a school district may carry out activities that include the provision of educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction and professional development for teachers and other school staff to enable them to deliver scientifically based academic and behavioral interventions and, where appropriate, instruction on the use of adaptive and instructional software. The general education intervention requirements set forth in paragraphs (a) through (e) of this paragraph are not required of students suspected of being gifted or who are being considered for eligibility for specially designed instruction for students who are homebound or hospitalized. The general education interventions requirements set forth in paragraphs (a), (b), and (e) of this subsection may not be required for students suspected of having a disability if a team that comprises qualified professionals and the parent determines that these general education interventions are not appropriate for a student who demonstrates a speech disorder or severe cognitive, physical or sensory disorders, or severe social/behavioral deficits that require immediate intervention to prevent harm to the student or others, or for students who are not enrolled in a public school.

a. Parent involvement in general education intervention procedures. Opportunities for parents to be involved in the process to address the student’s areas of concern must be made available. In addition, there must be discussion with the parent of the student’s responses to interventions, supporting data and potential adjustments to the interventions and of anticipated future action to address the

https://www.flrules.org/gateway/ruleNo.asp?id=6A-6.0331


RESOURCES

25

b. student’s learning and/or behavioral areas of concern. Documentation of parental involvement and communication must be maintained.

c. Observations of the student must be conducted in the educational environment and, as appropriate, other settings to document the student’s learning or behavioral areas of concern. At least one (1) observation must include an observation of the student’s performance in the general classroom.

d. Review of existing data, including anecdotal, social, psychological, medical, and achievement (including classroom, district and state assessments) shall be conducted. Attendance data shall be reviewed and used as one indicator of a student’s access to instruction.

e. Vision and hearing screenings shall be conducted for the purpose of ruling out sensory deficits that may interfere with the student’s academic and behavioral progress, and additional screenings or assessments to assist in determining interventions may be conducted, as appropriate. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

f. Evidence-based interventions addressing the identified areas of concern must be implemented in the general education environment. The interventions selected for implementation should be developed through a process that uses student performance data to, among other things, identify and analyze the area of concern, select and implement interventions, and monitor the effectiveness of the interventions. Interventions shall be implemented as designed for a reasonable period of time and with a level of intensity that matches the student’s needs. Pre-intervention and ongoing progress monitoring measures of academic and/or behavioral areas of concern must be collected and communicated to the parents in an understandable format.

g. Nothing in this section should be construed to either limit or create a right to FAPE under Rules 6A-6.03011 through 6A-6.0361, F.A.C., or to delay appropriate evaluation of a student suspected of having a disability.

h. A school district may not use more than fifteen (15) percent of the amount it receives under Part B of the IDEA for any fiscal year to develop and implement coordinated general education intervention procedures for students in kindergarten through grade twelve (12) who are not currently identified as needing special education or related services but who need additional support to succeed in the general education environment. Funds made available to carry out this section may be used to carry out general education intervention procedures aligned with activities funded by and carried out under the Elementary and Secondary Education Act (ESEA), if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this section. For IDEA Part B funds used in this way, the school district must annually report to the Florida Department of Education on the number of students served under this section who received general education interventions and the number of students who received such


RESOURCES

26

i. services and subsequently receive special education and related services under Part B of the IDEA during the preceding two (2) year period.

(2). Procedures prior to initial evaluation for prekindergarten children. For children who are below mandatory school attendance age and who are not yet enrolled in kindergarten, the activities specified in subsection (1) of this rule are not required. The following requirements apply to this population:

a. A review of existing social, psychological, and medical data with referral for a health screening when the need is indicated; and

b. (b) Vision and hearing screenings shall be conducted for the purpose of ruling out sensory deficits. Additional screenings to assist in determining interventions may be conducted as appropriate.

(3). Initial evaluation. Each school district must conduct a full and individual initial evaluation before the initial provision of ESE. Either a parent of a student or a school district may initiate a request for initial evaluation to determine if the student is a student with a disability or is gifted.

a. Prior to a school district request for initial evaluation, school personnel must make one (1) of the following determinations and include appropriate documentation in the student’s educational record to the effect that:

1. For a student suspected of being a student with a disability, the general education intervention procedures have been implemented as required under this rule and indicate that the student should be considered for eligibility for ESE; or

2. The nature or severity of the student’s areas of concern makes the general education intervention procedures inappropriate in addressing the immediate needs of the student.

b. If the parent of the child receiving general education interventions requests, prior to the completion of these interventions, that the school conduct an evaluation to determine the student’s eligibility for specially designed instruction and related services as a student with a disability, the school district:

1. Must obtain consent for and conduct the evaluation; and

2. Complete the activities described in subsection (1) of this rule concurrently with the evaluation but prior to the determination of the student’s eligibility for specially designed instruction; or

3. Must provide the parent with written notice of its refusal to conduct the evaluation that meets the requirements of Rule 6A-6.03311, F.A.C.

c. The school district shall be responsible for conducting all initial evaluations necessary to determine if the student is eligible for ESE and to determine the educational needs of the student. Such evaluations must be conducted by examiners, including physicians, school psychologists, psychologists, speech-language pathologists, teachers, audiologists, and social workers who are qualified in the professional’s field as evidenced by a valid license or certificate to


RESOURCES

27

d. practice such a profession in Florida. In circumstances where the student’s medical care is provided by a physician licensed in another state, at the discretion of the district administrator for exceptional student education, a report of a physician licensed in another state may be accepted for the purpose of evaluation and consideration of eligibility as a student with a disability. Educational evaluators not otherwise covered by a license or certificate to practice a profession in Florida shall either hold a valid Florida teacher’s certificate or be employed under the provisions of Rule 6A-1.0502, F.A.C.

1. Tests of intellectual functioning shall be administered and interpreted by a professional person qualified in accordance with Rule 6A-4.0311, F.A.C., or licensed under Chapter 490, F.S.

2. Standardized assessment of adaptive behavior shall include parental input regarding their student’s adaptive behavior.

e. The school district shall ensure that initial evaluations of students suspected of having a disability are completed within sixty (60) school days (cumulative) that the student is in attendance after the school district’s receipt of parental consent for the evaluation. For prekindergarten children, initial evaluations must be completed within sixty (60) school days after the school district’s receipt of parental consent for evaluation.

f. The sixty (60)-day timeframe for evaluation does not apply to a school district if:

1. The parent of the student repeatedly fails or refuses to produce the student for the evaluation; or

2. A student enrolls in a school served by the school district after the timeframe has begun, and prior to a determination by the student’s previous school district as to whether the student is a student with a disability. This exception applies only if the subsequent school district is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent school district agree to a specific time when the evaluation will be completed. Assessments of students with disabilities who transfer from one school district to another school district in the same school year must be coordinated with those students’ prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.

g. The school district shall ensure that students suspected of being gifted are evaluated within a reasonable period of time.

(4). Parental consent for initial evaluation.

a. The school district must provide notice to the parent that describes any evaluation procedures the school district proposes to conduct. In addition, the school district proposing to conduct an initial evaluation to determine if a student is a student with a disability or is gifted must obtain informed consent from the parent of the student before conducting the evaluation.


RESOURCES

28

b. Parental consent for initial evaluation must not be construed as consent for initial provision of ESE.

c. The school district must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the student is a student with a disability or is gifted.

d. For initial evaluations only, if the child is a ward of the State and is not residing with the student’s parent, the school district is not required to obtain informed consent from the parent for an initial evaluation to determine whether the student is a student with a disability if:

1. Despite reasonable efforts to do so, the school district cannot discover the whereabouts of the parent of the student;

2. The rights of the parents of the student have been terminated in accordance with Chapter 39, Part XI, F.S.; or

3. The rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for initial evaluation has been given by an individual appointed by the judge to represent the student.

e. If the parent of a student suspected of having a disability who is enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation or the parent fails to respond to a request to provide consent, the school district may, but is not required to, pursue initial evaluation of the student by using the mediation or due process procedures contained in Rules 6A-6.03011 through 6A-6.0361, F.A.C. The school district does not violate its child find or evaluation obligations if it declines to pursue the evaluation.

f. A school district may not use a parent’s refusal to consent to initial evaluation to deny the parent or the student any other service, benefit, or activity of the school district, except as provided by this rule.

(5). Evaluation procedures.

a. In conducting an evaluation, the school district:

1. Must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the student, including information provided by the parent, that may assist in determining whether the student is eligible for ESE and the content of the student’s IEP or EP, including information related to enabling the student with a disability to be involved in and progress in the general curriculum (or for a preschool child, to participate in appropriate activities), or for a gifted student’s needs beyond the general curriculum;

2. Must not use any single measure or assessment as the sole criterion for determining whether a student is eligible for ESE and for determining an appropriate educational program for the student; and


RESOURCES

29

3. Must use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

b. Each school district must ensure that assessments and other evaluation materials used to assess a student are:

1. Selected and administered so as not to be discriminatory on a racial or cultural basis;

2. Provided and administered in the student’s native language or other mode of communication and in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so;

3. Used for the purposes for which the assessments or measures are valid and reliable; and

4. Administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the assessments.

c. Assessments and other evaluation materials shall include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

d. Assessments shall be selected and administered so as to best ensure that if an assessment is administered to a student with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the student’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the student’s sensory, manual, or speaking skills, unless those are the factors the test purports to measure.

e. The school district shall use assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the student.

f. A student shall be assessed in all areas related to a suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

g. An evaluation shall be sufficiently comprehensive to identify all of a student’s ESE needs, whether or not commonly linked to the disability category in which the student is classified.


RESOURCES

30

(6). Determination of eligibility for exceptional students.

a. A group of qualified professionals determines whether the student is an exceptional student in accordance with this rule and the educational needs of the student. The parents of a student being considered for eligibility as a student with a disability shall be invited and encouraged to participate as equal members of the group. The school district must provide a copy of the evaluation report and the documentation of the determination of eligibility at no cost to the parent. If a determination is made that a student is an exceptional student and needs ESE, an IEP or EP must be developed for the student in accordance with these rules.

b. In interpreting evaluation data for the purpose of determining if a student is an exceptional student and the educational needs of the student, each school district shall:

1. Draw upon data and information from a variety of sources, such as aptitude and achievement tests, the student’s response to interventions/instruction implemented, parent input, student input as appropriate, teacher recommendations, and information about the student’s physical condition, social or cultural background, and adaptive behavior;

2. Ensure that information obtained from all of these sources is documented and carefully considered; and

3. Determine eligibility in accordance with the criteria and procedures specified in these rules.

c. If a determination is made that a student has a disability and needs special education and related services, an IEP shall be developed for the student in accordance with Rules 6A-6.03011 through 6A-6.0361, F.A.C. For children ages three (3) through five (5) years, an individual family support plan (IFSP) may be developed in lieu of an IEP.

d. A student may not be determined eligible as a student with a disability if the determinant factor is:

1. Lack of appropriate instruction in reading, including the essential components of reading instruction, including explicit and systematic instruction in (a) phonemic awareness; (b) phonics; (c) vocabulary development; (d) reading fluency, including oral reading skills; and (e) reading comprehension strategies;

2. Lack of appropriate instruction in math; or

3. Limited English proficiency; and


RESOURCES

31

4. The student does not otherwise meet the eligibility criteria specified in Rules 6A-6.03011 through 6A-6.0361, F.A.C.

e. A student may not be denied eligibility as a student who is gifted if the determinant factor is limited English proficiency.

f. For students identified as gifted, an educational plan (EP) in accordance with Rule 6A-6.030191, F.A.C., shall be developed.

(7). Reevaluation Requirements.

a. A school district must ensure that a reevaluation of each student with a disability is conducted in accordance with Rules 6A-6.03011 through 6A-6.0361, F.A.C., if the school district determines that the educational or related services needs, including improved academic achievement and functional performance, of the student warrant a reevaluation or if the student’s parent or teacher requests a reevaluation.

b. A reevaluation may occur not more than once a year, unless the parent and the school district agree otherwise and must occur at least once every three (3) years, unless the parent and the school district agree that a reevaluation is unnecessary.

c. Each school district must obtain informed parental consent prior to conducting any reevaluation of a student with a disability.

d. If the parent refuses to consent to the reevaluation, the school district may, but is not required to, pursue the reevaluation by using the consent override provisions of mediation or due process. The school district does not violate its child find, evaluation or reevaluation obligations if it declines to pursue the evaluation or reevaluation.

e. The informed parental consent for reevaluation need not be obtained if the school district can demonstrate that it made reasonable efforts to obtain such consent and the student’s parent has failed to respond.

(8). Additional requirements for evaluations and reevaluations. As part of an initial evaluation, if appropriate, and as part of any reevaluation, the IEP Team and other qualified professionals, as appropriate, must take the following actions:

a. Review existing evaluation data on the student, including:

1. Evaluations and information provided by the student’s parents;

2. Current classroom-based, local, or State assessments and classroom-based observations; and

3. Observations by teachers and related services providers.

b. Identify, on the basis of that review and input from the student’s parents, what additional data, if any, are needed to determine the following:


RESOURCES

32

1. Whether the student is a student with a disability or, in case of a reevaluation of the student, whether the student continues to have a disability;

2. The educational needs of the student;

3. The present levels of academic achievement and related developmental needs of the student;

4. Whether the student needs special education and related services or, in the case of a reevaluation of the student, whether the student continues to need special education and related services; and

5. Whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the student’s IEP and to participate, as appropriate, in the general curriculum.

c. The group conducting this review may do so without a meeting.

d. The school district shall administer tests and other evaluation measures as may be needed to produce the data that is to be reviewed under this section.

e. If the determination under this section is that no additional data are needed to determine whether the student continues to be a student with a disability and to determine the student’s educational needs, the school district shall notify the student’s parents of:

1. That determination and the reasons for the determination; and

2. The right of the parents to request an assessment to determine whether the student continues to be a student with a disability and to determine the student’s educational needs. The school district is not required to conduct the assessment unless requested to do so by the student’s parents.

f. Reevaluation is not required for a student before the termination of eligibility due to graduation with a standard diploma or exiting from school upon reaching the student’s twenty-second (22nd) birthday. For a student whose eligibility terminates under these circumstances, a school district must provide the student with a summary of the student’s academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the student’s postsecondary goals.

g. Parental consent is not required before reviewing existing data as part of an evaluation or reevaluation or administering a test or other evaluation that is administered to all students unless, before administration of that test or evaluation, consent is required of parents of all students.

h. If a parent of a student who is home schooled or placed in private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the school district may not use the consent override provisions of mediation or due process and the school district is not required to consider the student eligible for services under Rules 6A-6.03011 through 6A-6.0361, F.A.C.


RESOURCES

33

i. To meet the reasonable efforts requirements to obtain parental consent in Rules 6A-6.03011 through 6A-6.0361, F.A.C., the school district must document its attempts to obtain parental consent using procedures such as those used to obtain parental participation in meetings.

(9). Parental Consent for Services.

a. A school district responsible for making FAPE available to an exceptional student must obtain informed consent from the parent of the student before the initial provision of special education and related services to the student.

b. The school district must make reasonable efforts to obtain informed consent from the parent for the initial provision of ESE services to the student.

c. If the parent of a student fails to respond or refuses to consent to the initial provision of services, the school district may not use mediation or due process hearing procedures in order to obtain agreement or a ruling that the services may be provided to the student.

d. If the parent of the student refuses consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the school district will not be considered to be in violation of the requirement to make FAPE available to the student for the failure to provide the student with the special education and related services for which the school district requests consent. In addition, the school district is not required to convene an IEP Team meeting or develop an IEP for the student for the special education and related services for which the school district requests such consent.

e. If, at any time subsequent to the initial provision of special education and related services, the parent of a student revokes consent in writing for the continued provision of special education and related services, the school district may not continue to provide special education and related services to the student, but must provide prior written notice before ceasing the provision of special education and related services. The school district may not use mediation or due process hearing procedures in order to obtain agreement or a ruling that the services may be provided to the student.

f. If a parent of a student revokes consent in writing for the continued provision of special education and related services, the school district:


RESOURCES

34

1. Will not be considered to be in violation of the requirement to make FAPE available to the student for its failure to provide the student with further special education and related services; and,

2. Is not required to convene an IEP Team meeting or develop an IEP for the student for further provision of special education and related services.

g. If a parent of a student with a disability revokes consent in writing for their child’s receipt of special education services after the initial provision of special education and related services to the student, the school district is not required to amend the student’s education records to remove any references to the student’s receipt of special education and related services because of the revocation of consent.

Rulemaking Authority 1003.57, 1003.571 FS. Law Implemented 1003.01(3)(a), (b), 1003.57, 1003.571 FS. History New 6-17-74, Repromulgated 12-5-74, Amended 7-1-77, 3-28-78, 7-12-78, 8-31-78, 11-29-78, 10-7-81, 7-13-83, 6-2-85, Formerly 6A 6.331, Amended 7-13-93, 1-2-95, 9-20-04, 12-22-08, 12-15-09.


RESOURCES

35

Briefing ID #: 5772

ADULT/COMMUNITY SCHOOLS PRINCIPALS: Procedures-Eligibility for Minimum Basic Skills Requirement Exemption Category: For Your Information

Audience: Adult/Community School Principals

Due Date: n/a

Meeting Date: n/a

Attachment(s): _Procedures-Eligibility_for_Minimum_Basic_Skills_Requirement_Exemption.doc

To provide procedures to determine eligibility for adult students with disabilities, enrolled in postsecondary career certificate programs in Adult/Vocational centers, to be exempt from the minimum basic skills requirement.

• Attached please find the procedures used to determine eligibility for the minimum basic skills requirement exemption.

• Should you have any questions, please call 305-995-1856 for assistance.

Contact: Anthenisia A. Jackson ( 305-995-1856 )

Department: School Operations/Adult Education

http://briefings.dadeschools.net/files/101460_Procedures-Eligibility_for_Minimum_Basic_Skills_Requirement_Exemption.doc

The School Board of Miami-Dade County, Florida, adheres to a policy of nondiscrimination in employment and educational programs/activities and programs/activities receiving Federal financial assistance from the Department of Education, and strives affirmatively to provide equal opportunity for all as required by:

Title VI of the Civil Rights Act of 1964 - prohibits discrimination on the basis of race, color, religion, or national origin.

Title VII of the Civil Rights Act of 1964, as amended - prohibits discrimination in employment on the basis of race, color, religion, gender, or national origin.

Title IX of the Education Amendments of 1972 - prohibits discrimination on the basis of gender.

Age Discrimination in Employment Act of 1967 (ADEA), as amended - prohibits discrimination on the basis of age with respect to individuals who are at least 40.

The Equal Pay Act of 1963, as amended - prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment.

Section 504 of the Rehabilitation Act of 1973 - prohibits discrimination against the disabled.

Americans with Disabilities Act of 1990 (ADA) - prohibits discrimination against individuals with disabilities in employment, public service, public accommodations and telecommunications.

The Family and Medical Leave Act of 1993 (FMLA) - requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons.

The Pregnancy Discrimination Act of 1978 - prohibits discrimination in employment on the basis of pregnancy, childbirth, or related medical conditions.

Florida Educational Equity Act (FEEA) - prohibits discrimination on the basis of race, gender, national origin, marital status, or handicap against a student or employee.

Florida Civil Rights Act of 1992 - secures for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status.

School Board Rules 6Gx13- 4A-1.01, 6Gx13- 4A-1.32, and 6Gx13- 5D-1.10 - prohibit harassment and/or discrimination against a student or employee on the basis of gender, race, color, religion, ethnic or national origin, political beliefs, marital status, age, sexual orientation, social and family background, linguistic preference, pregnancy, or disability.

Veterans are provided re-employment rights in accordance with P.L. 93-508 (Federal Law) and Section 295.07 (Florida Statutes), which stipulate categorical preferences for employment.

tabe handbook

Documents