Current through Reg. 50, No. 060; March 26, 2024
(1) Definitions. For the purposes of this
rule, the following definitions apply:
(a)
"Circumstance" shall have the same meaning as defined in Section
RSA
1008.212, F.S.
(b) "Condition" shall have the same meaning
as defined in Section 1008.212, F.S.
(c) "General Education Curriculum Standards"
means the standards incorporated in Rule
RSA
6A-1.09401, F.A.C.
(d) "Medical complexity" shall have the same
meaning as defined in Section
RSA
1008.22<subdiv>(11)</subdiv>,
F.S.
(e) "Modifications" shall have
the same meaning as defined in paragraph
RSA
6A-6.03411<subdiv>(1)(z)</subdiv>,
F.A.C.
(f) "Most significant
cognitive disability" means a global cognitive impairment that adversely
impacts multiple areas of functioning across many settings and is a result of a
congenital, acquired or traumatic brain injury or syndrome and is verified by
either:
1. A statistically significant below
average global cognitive score that falls within the first percentile rank
(i.e., a standard, full-scale score of sixty-seven (67) or under); or
2. In the extraordinary circumstance when a
global, full-scale intelligent quotient score is unattainable, a school
district-determined procedure that has been approved by the Florida Department
of Education under paragraph (5)(e) of this rule.
(g) "Parent" shall have the same meaning as
defined in paragraph
RSA
6A-6.03411<subdiv>(1)(bb)</subdiv>,
F.A.C.
(h) "Statewide, standardized
assessment" shall have the same meaning as defined in Section 1008.22(3),
F.S.
(2) The Florida
Department of Education shall assure the participation of students with
disabilities to include those students with disabilities as defined by Section
RSA
1003.01<subdiv>(3)(a)</subdiv>,
F.S., or students with disabilities who have been determined eligible and have
a plan developed in accordance with Section 504 of the Rehabilitation Act in
the statewide standardized 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 standardized assessment program as required by Section
RSA
1008.22<subdiv>(3)(c)</subdiv>,
F.S.
(3) All students with
disabilities will participate in the statewide standardized assessment program
based on state standards, pursuant to Rule
RSA
6A-1.09401, F.A.C., without accommodations
unless 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 standardized assessment.
(4) Provision of accommodations for students
with disabilities participating in the statewide, standardized assessment
program.
(a) Each school board shall utilize
appropriate and allowable accommodations for statewide, standardized
assessments within the limits prescribed herein and current statewide,
standardized assessment test administration manuals published by the Florida
Department of Education's Bureau of K-12 Student Assessment and Bureau of
Exceptional Student Education. Copies of the manuals are available by
contacting the Florida Department of Education, 325 West Gaines Street,
Tallahassee, Florida 32399-0400. Accommodations are defined as adjustments to
the presentation of the statewide, standardized assessment questions, methods
of recording examinee responses to the questions, scheduling for the
administration of a statewide, standardized assessment to include amount of
time for administration, settings for administration of a statewide,
standardized assessment, and the use of assistive technology or devices to
facilitate the student's participation in a statewide standardized assessment.
Accommodations that negate the validity of a statewide, standardized assessment
are not allowable. Within the limits specified in this rule, allowable
statewide, standardized 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 (4)(a), of this rule, are authorized for
any student who has been determined to be an eligible student with a disability
pursuant to Section
RSA
1003.01<subdiv>(3)(a)</subdiv>,
F.S., and Rule
RSA
6A-6.0331, F.A.C., and has a current IEP, or
who has been determined to be a student with a disability with a plan developed
in accordance with Section 504 of the Rehabilitation Act. The accommodations
must be identified on the student's IEP or the plan developed under Section 504
of the Rehabilitation Act.
(c) The
need for any unique accommodations for use on a statewide, standardized
assessment must be submitted to the Florida Department of Education for
approval by the Commissioner of Education. In order to be approved, a unique
accommodation must be allowable for use on a statewide, standardized assessment
and must be used by the student during classroom instruction and for
assessments and described as such on the student's IEP or plan developed in
accordance with Section 504 of the Rehabilitation Act.
(d) School 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
disabilities 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, standardized assessment program must have access
to accommodations identified in paragraphs (4)(a) and (4)(c) 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
RSA
1003.01<subdiv>(3)(a)</subdiv>,
F.S., or is an eligible student with a disability with a plan developed in
accordance with Section 504 of the Rehabilitation Act; and,
2. Documentation that the requested
accommodations are regularly used for instruction.
(5) Participation in the
Statewide, Standardized Alternate Assessment.
(a) The decision that a student with a
significant cognitive disability will participate in the statewide,
standardized alternate assessment as defined in Section
RSA
1008.22<subdiv>(3)(c)</subdiv>,
F.S., must be made by the IEP team and recorded on the IEP.
(b) The provisions with regard to parental
consent for participation in the statewide, standardized alternate assessment
found in subsection
RSA
6A-6.0331<subdiv>(10)</subdiv>,
F.A.C. must be followed.
(c) In
order for a student to participate in the statewide, standardized alternative
assessment, all of the following criteria must be met:
1. The student must receive exceptional
student education (ESE) services as identified through a current IEP and be
enrolled in the appropriate and aligned courses using alternate achievement
standards for two (2) consecutive full-time equivalent reporting periods prior
to the assessment;
2. The student
must be receiving specially designed instruction, which provides unique
instruction and intervention supports that is determined, designed and
delivered through a team approach, ensuring access to core instruction through
the adaptation of content, methodology or delivery of instruction and is
exhibiting very limited to no progress in the general education curriculum
standards;
3. The student must be
receiving support through systematic, explicit and interactive small-group
instruction focused on foundational skills in addition to instruction in the
general education curriculum standards;
4. Even after documented evidence of
exhausting all appropriate and allowable instructional accommodations, the
student requires modifications to the general education curriculum
standards;
5. Even after documented
evidence of accessing a variety of supplementary instructional materials, the
student requires modifications to the general education curriculum
standards;
6. Even with documented
evidence of the provision and use of assistive technology, the student requires
modifications to the general education curriculum standards;
7. Even with direct instruction in all core
academic areas (i.e., English language arts, mathematics, social studies and
science), the student is exhibiting limited or no progress on the general
education curriculum standards, and requires modifications;
8. Unless the student is a transfer student,
the student must have been available and present for grade-level general
education curriculum standards instruction for at least seventy (70) percent of
the school year prior to the assessment;
9. Unless the student is a transfer student,
the student must have been instructed by a certified teacher for at least
eighty (80) percent of the school year prior to the assessment;
10. The assessment instrument used to measure
the student's global level of cognitive functioning was selected to limit the
adverse impact of already-identified limitations and impairments (e.g.,
language aqusition, mode of communication, culture, hearing, vision, orthopedic
functioning, hypersensitivities and distractibility); and,
11. The student has a most significant
cognitive disability as defined in paragraph (1)(f) of this rule.
(d) A student is not eligible to
participate in the statewide, standardized alternate assessment if any of the
following is true:
1. The student is
identified as a student with a specific learning disability or as
gifted;
2. The student is
identified only as a student eligible for services as a student who is deaf or
hard of hearing or has a visual impairment, a dual sensory impairment, an
emotional or behavioral disability, a language impairment, a speech impairment,
or an orthopedic impairment; or
3.
The student scored a level 2 or above on a previous statewide, general
education curriculum standardized assessment administered pursuant to Sections
RSA
1008.22<subdiv>(3)(a) and
(b)</subdiv>, F.S., unless there is medical
documentation that the student experienced a traumatic brain injury or other
health-related complication subsequent to the administration of that assessment
that led to the student having the most significantly below-average global
cognitive impairment.
(e)
Each school district must submit to the Department of Education a procedure to
identify students with the most significant cognitive disability when a global,
full-scale intelligent quotient score is unattainable. In order to be approved
for use by a district, the procedure must:
1.
Include data from multiple sources;
2. Meet the criteria found in paragraphs
(5)(c) and (5)(d) of this rule; and
3. Be documented in the district's ESE
Policies and Procedures, as required by Section
RSA
1003.57, F.S.
(6) Extraordinary exemption. Pursuant to
Section 1008.212, F.S., upon approval of the Commissioner, a student with a
disability is eligible for an extraordinary exemption from participation in
statewide standardized assessments as defined in subsection (1) of this rule.
(a) The IEP team may determine that a student
with a disability is prevented by a circumstance or condition as defined in
subsection (1) of this rule from physically demonstrating the mastery of skills
that have been acquired and are measured by a statewide, standardized
assessment and may recommend that an extraordinary exemption from the
administration of a statewide assessment be granted. A learning, emotional,
behavioral, or significant cognitive disability or the receipt of services
through the homebound or hospitalized program in accordance with Rule
RSA
6A-6.03020, F.A.C., is not, in and of itself,
an adequate criterion for the granting of an extraordinary exemption.
(b) The IEP team, which must include the
parent, may submit to the school district superintendent a written request for
an extraordinary exemption at any time during the school year, but no later
than sixty (60) calendar days before the first day of the administration window
of the statewide standardized assessment for which the request is made. A
request must include all of the following information:
1. A written description of the student's
disabilities, including a specific description of the student's impaired
sensory, manual or speaking skills;
2. Written documentation of the most recent
evaluation data;
3. Written
documentation, if available, of the most recent administration of statewide,
standardized assessments;
4. A
written description of the circumstance's or condition's, as defined in
subsection (1) of this rule effect on the student's participation in statewide,
standardized assessments;
5.
Written evidence that the student has had the opportunity to learn the skills
being tested;
6. Written evidence
that the student has been provided appropriate instructional
accommodations;
7. Written evidence
as to whether the student has had the opportunity to be assessed using the
instructional accommodations on the student's IEP that are allowable in the
administration of a statewide, standardized assessment;
8. Written evidence of the circumstance or
condition as defined in subsection (1) of this rule; and,
9. The name, address and phone number of the
student's parent.
(c)
Based on the documentation provided by the student's IEP team, the school
district superintendent shall recommend to the Commissioner whether an
extraordinary exemption from participation in a given statewide assessment
administration be granted or denied. The school district's recommendation and
accompanying documentation must be sent to the Florida Department of Education,
Office of the Commissioner, 325 West Gaines Street, Tallahassee, Florida
32399-0400.
(d) If the parent
disagrees with the IEP team's recommendation, the dispute resolution methods as
described in Rule
RSA
6A-6.03311, F.A.C., shall be made available
to the parent.
(e) Upon receipt of
the request, documentation and recommendation, the Commissioner shall verify
the information documented, make a determination and notify the parent and the
school district superintendent in writing within thirty (30) calendar days
after the receipt of the request whether the exemption has been granted or
denied. In order for an extraordinary exemption to be granted by the
Commissioner, all required documentation must be submitted and must provide
sufficient evidence that the identified circumstance or condition prevents the
student from physically demonstrating the mastery of skills that have been
acquired and are measured by the statewide, standardized assessment. If the
Commissioner denies the exemption, the notification must state the reasons for
the denial.
(f) If the Commissioner
grants the exemption, the student's progress must be assessed in accordance
with the goals established in the student's IEP.
(7) Exemption options for students with
medical complexity. A student with medical complexity as defined in Section
RSA
1008.22<subdiv>(10)</subdiv>,
F.S., may be exempt from participating in statewide, standardized assessments
to include the Statewide, Standardized Alternate Assessment. If the parent
consents in writing, and the student's IEP team determines that the student
should not be assessed based on medical documentation that confirms that the
student meets the criteria of medical complexity, the parent may select one (1)
of the following assessment exemption options:
(a) A one-year exemption approved by the
school district superintendent as described in Section 1008.22(11), F.S. For
all students approved by the school district superintendent for a one-year
exemption, the following information must be reported to the Commissioner by
June 1:
1. The total number of students for
whom a one-year exemption has been granted by the superintendent;
and,
2. For each student receiving
an exemption, the student's name, grade level and the specific statewide,
standardized assessment(s) from which the student was exempted.
(b) A one-, two-, or three-year or
permanent exemption approved by the Commissioner as described in Section
1008.22(11), F.S. In order for the Commissioner to consider such an exemption,
the following information must be submitted by the school district
superintendent to the Commissioner no later than thirty (30) calendar days
before the first day of the administration window of the statewide,
standardized assessment for which the request is made:
1. The student's name, grade level, and the
statewide, standardized assessment for which the exemption request is
made;
2. The name, address and
phone number of the student's parent;
3. Documentation of parental consent for the
exemption;
4. Documentation of the
superintendent's approval of the exemption;
5. Documentation that the IEP team considered
and determined that the student meets the definition of medically complex as
defined in Section
RSA
1008.22<subdiv>(11)</subdiv>,
F.S.; and,
6. Medical documentation
of the student's condition as determined by a physician licensed in accordance
with Chapter 458 or 459, F.S.
(8) Upon receipt of the request,
documentation and recommendation, the Commissioner shall verify the information
documented, make a determination, and notify the parent and the school district
superintendent in writing within twenty (20) calendar days after the receipt of
the request whether the exemption has been granted or denied.
RulemakingAuthority 1001.02(1), (2)(n), 1003.01, 1003.571,
RSA
1008.212,1008.22(3), (11), (13) FS. Law
Implemented 1003.01,1003.571,
RSA
1008.212,
RSA
1008.22<subdiv>(3)</subdiv>, (11)
FS.