Emergency Rule for FCAT Writing

Below is the Press Release from the Florida Department of Education on the Emergency Rule that is being implemented due to the preliminary scores on the FCAT Writing exams.  The Board voted unanimously to lower the passing grade to a 3.0.  This allows 81% of fourth graders to pass as opposed to the 27% that scored a passing score on the original scale.

Let us know what you think about this ruling.

NOTICE OF PROPOSED EMERGENCY RULE

DEPARTMENT OF EDUCATION  RULE No.: 6AER12-01

RULE TITLE: Implementation of Florida’s System of School Improvement and Accountability

– 2011-12 Writing Component

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC

HEALTH, SAFETY OR WELFARE: School Grades as defined in Section 1008.34, F.S., are

based on a combination of factors, including annual student writing proficiency as measured by

the Florida Comprehensive Assessment Test (FCAT) writing for fourth, eighth, and tenth grades.

Current Rule 6A-1.09981, F.A.C., awards credit to schools towards their school grades based

upon the percentage of students scoring “4.0” or higher on FCAT writing.  The 4.0 threshold is

an increase from a previously designated threshold of 3.5.  The manner in which the 2012 FCAT

Writing assessment was scored changed from prior administrations for two reasons.  First, the

Department returned to the use of two raters to score each test rather than one, and second, the

scoring rules required higher proficiency for each level than those in all prior years. When the

increased threshold of 4.0 was established by rule, the State Board of Education did not have,

and could not have had, impact data that would reflect how the scoring changes would impact

the school grade calculations.  Based on preliminary results of the 2012 writing assessment,

applying the 4.0 threshold in addition to the heightened scoring mechanisms may have

unforeseen adverse impacts upon school grades, warranting emergency review by the State

Board of Education.

A school’s grade has wide-ranging impact for districts, parents, students, and tax-payers.

It is necessary that school grades accurately and fairly reflect a school’s efforts and that the

grades be released as soon as possible after the close of one school year to allow school districts time to prepare for the next school year.  Preparations to be taken by school districts as a result of

school grades include: contracting for services to poor performing schools; closing repeat, poor

performing schools; shifting staff, students, and faculty; allocating special service cases,

reallocating dollars appropriated through the Florida Education Finance Program; and providing

opportunity scholarships to students attending failing schools.

There is not sufficient time to amend the rule by the non-emergency rulemaking

procedures. Florida school districts must prepare for the 2012-2013 school year between July1

and August, when the 2012-13 school year starts, and school grades must be released well in

advance. As a result, there is not time to make the change through normal rulemaking

procedures.

REASONS FOR CONCLUDING THAT PROCEDURE USED IS FAIR UNDER THE

CIRCUMSTANCES: Because school begins in August, there is not sufficient time to amend the

rule through non-emergency means before the start of the 2012-13 school year.  The emergency

rule was discussed and authorized at a State Board meeting held on May 15, 2012.  The meeting

was noticed and open to the public. Further, the emergency rule was published on the

Department’s website, an email notice was provided to interested persons based upon the

agency’s list-serve and the media were provided notice of the meeting, all in an effort to reach

interested persons.

SUMMARY OF THE RULE: The emergency rule awards credit to schools towards their school

grades based upon the percentage of students scoring  “3.0” or higher instead of “4.0” or higher

on FCAT 2.0 writing.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Ed Croft, Bureau Chief, Accountability Reporting, Accountability, Research, and Measurement,

325 W. Gaines Street, Suite 1401, Tallahassee, Florida 32399, (850)245-0429

THE FULL TEXT OF THE EMERGENCY RULE IS:  Rule No. 6AER12-01

Notwithstanding any other rule to the contrary, for 2011-2012 school grades, the student

achievement component for the FCAT writing assessment shall be based on the student

achievement scores, aggregated for each school, which indicate the percent of eligible students

who score at or above FCAT Achievement Level 3.0 or higher on the FCAT writing assessment.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE

UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.