Florida Senate - 2009                                      SB 88
       
       
       
       By Senator Wilson
       
       
       
       
       33-00075-09                                             200988__
    1                        A bill to be entitled                      
    2         An act relating to the statewide educational
    3         assessment program; amending s. 1008.22, F.S.;
    4         requiring that the Commissioner of Education receive
    5         input as to the statewide educational assessment
    6         program from a minimum of two persons recommended by
    7         the Florida School for the Deaf and the Blind and from
    8         a minimum of two persons recommended by the Americans
    9         with Disabilities Working Group; providing an
   10         effective date.
   11         
   12  Be It Enacted by the Legislature of the State of Florida:
   13         
   14         Section 1. Paragraph (c) of subsection (3) of section
   15  1008.22, Florida Statutes, is amended to read:
   16         1008.22 Student assessment program for public schools.—
   17         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
   18  design and implement a statewide program of educational
   19  assessment that provides information for the improvement of the
   20  operation and management of the public schools, including
   21  schools operating for the purpose of providing educational
   22  services to youth in Department of Juvenile Justice programs.
   23  The commissioner may enter into contracts for the continued
   24  administration of the assessment, testing, and evaluation
   25  programs authorized and funded by the Legislature. Contracts may
   26  be initiated in 1 fiscal year and continue into the next and may
   27  be paid from the appropriations of either or both fiscal years.
   28  The commissioner is authorized to negotiate for the sale or
   29  lease of tests, scoring protocols, test scoring services, and
   30  related materials developed pursuant to law. Pursuant to the
   31  statewide assessment program, the commissioner shall:
   32         (c) Develop and implement a student achievement testing
   33  program known as the Florida Comprehensive Assessment Test
   34  (FCAT) as part of the statewide assessment program to measure a
   35  student's content knowledge and skills in reading, writing,
   36  science, and mathematics. Other content areas may be included as
   37  directed by the commissioner. Comprehensive assessments of
   38  reading and mathematics shall be administered annually in grades
   39  3 through 10. Comprehensive assessments of writing and science
   40  shall be administered at least once at the elementary, middle,
   41  and high school levels. End-of-course assessments for a subject
   42  may be administered in addition to the comprehensive assessments
   43  required for that subject under this paragraph. An end-of-course
   44  assessment must be rigorous, statewide, standardized, and
   45  developed or approved by the department. The content knowledge
   46  and skills assessed by comprehensive and end-of-course
   47  assessments must be aligned to the core curricular content
   48  established in the Sunshine State Standards. The commissioner
   49  may select one or more nationally developed comprehensive
   50  examinations, which may include, but need not be limited to,
   51  examinations for a College Board Advanced Placement course,
   52  International Baccalaureate course, or Advanced International
   53  Certificate of Education course or industry-approved
   54  examinations to earn national industry certifications as defined
   55  in s. 1003.492, for use as end-of-course assessments under this
   56  paragraph, if the commissioner determines that the content
   57  knowledge and skills assessed by the examinations meet or exceed
   58  the grade level expectations for the core curricular content
   59  established for the course in the Next Generation Sunshine State
   60  Standards. The commissioner may collaborate with the American
   61  Diploma Project in the adoption or development of rigorous end
   62  of-course assessments that are aligned to the Next Generation
   63  Sunshine State Standards. The testing program must be designed
   64  as follows:
   65         1. The tests shall measure student skills and competencies
   66  adopted by the State Board of Education as specified in
   67  paragraph (a). The tests must measure and report student
   68  proficiency levels of all students assessed in reading, writing,
   69  mathematics, and science. The commissioner shall provide for the
   70  tests to be developed or obtained, as appropriate, through
   71  contracts and project agreements with private vendors, public
   72  vendors, public agencies, postsecondary educational
   73  institutions, or school districts. The commissioner shall obtain
   74  input with respect to the design and implementation of the
   75  testing program from state educators, assistive technology
   76  experts, and the public. This must include, at a minimum, annual
   77  input from two persons recommended by the Florida School for the
   78  Deaf and the Blind and two persons recommended by the Americans
   79  with Disabilities Working Group created by Executive Order 01
   80  161.
   81         2. The testing program shall be composed of criterion
   82  referenced tests that shall, to the extent determined by the
   83  commissioner, include test items that require the student to
   84  produce information or perform tasks in such a way that the core
   85  content knowledge and skills he or she uses can be measured.
   86         3. Beginning with the 2008-2009 school year, the
   87  commissioner shall discontinue administration of the selected
   88  response test items on the comprehensive assessments of writing.
   89  Beginning with the 2012-2013 school year, the comprehensive
   90  assessments of writing shall be composed of a combination of
   91  selected-response test items, short-response performance tasks,
   92  and extended-response performance tasks, which shall measure a
   93  student's content knowledge of writing, including, but not
   94  limited to, paragraph and sentence structure, sentence
   95  construction, grammar and usage, punctuation, capitalization,
   96  spelling, parts of speech, verb tense, irregular verbs, subject
   97  verb agreement, and noun-pronoun agreement.
   98         4. A score shall be designated for each subject area
   99  tested, below which score a student's performance is deemed
  100  inadequate. The school districts shall provide appropriate
  101  remedial instruction to students who score below these levels.
  102         5. Except as provided in s. 1003.428(8)(b) or s.
  103  1003.43(11)(b), students must earn a passing score on the grade
  104  10 assessment test described in this paragraph or attain
  105  concordant scores as described in subsection (10) in reading,
  106  writing, and mathematics to qualify for a standard high school
  107  diploma. The State Board of Education shall designate a passing
  108  score for each part of the grade 10 assessment test. In
  109  establishing passing scores, the state board shall consider any
  110  possible negative impact of the test on minority students. The
  111  State Board of Education shall adopt rules which specify the
  112  passing scores for the grade 10 FCAT. Any such rules, which have
  113  the effect of raising the required passing scores, shall apply
  114  only to students taking the grade 10 FCAT for the first time
  115  after such rules are adopted by the State Board of Education.
  116         6. Participation in the testing program is mandatory for
  117  all students attending public school, including students served
  118  in Department of Juvenile Justice programs, except as otherwise
  119  prescribed by the commissioner. If a student does not
  120  participate in the statewide assessment, the district must
  121  notify the student's parent and provide the parent with
  122  information regarding the implications of such nonparticipation.
  123  A parent must provide signed consent for a student to receive
  124  classroom instructional accommodations that would not be
  125  available or permitted on the statewide assessments and must
  126  acknowledge in writing that he or she understands the
  127  implications of such instructional accommodations. The State
  128  Board of Education shall adopt rules, based upon recommendations
  129  of the commissioner, for the provision of test accommodations
  130  for students in exceptional education programs and for students
  131  who have limited English proficiency. Accommodations that negate
  132  the validity of a statewide assessment are not allowable in the
  133  administration of the FCAT. However, instructional
  134  accommodations are allowable in the classroom if included in a
  135  student's individual education plan. Students using
  136  instructional accommodations in the classroom that are not
  137  allowable as accommodations on the FCAT may have the FCAT
  138  requirement waived pursuant to the requirements of s.
  139  1003.428(8)(b) or s. 1003.43(11)(b).
  140         7. A student seeking an adult high school diploma must meet
  141  the same testing requirements that a regular high school student
  142  must meet.
  143         8. District school boards must provide instruction to
  144  prepare students to demonstrate proficiency in the core
  145  curricular content established in the Next Generation Sunshine
  146  State Standards adopted under s. 1003.41, including the core
  147  content knowledge and skills necessary for successful grade-to
  148  grade progression and high school graduation. If a student is
  149  provided with instructional accommodations in the classroom that
  150  are not allowable as accommodations in the statewide assessment
  151  program, as described in the test manuals, the district must
  152  inform the parent in writing and must provide the parent with
  153  information regarding the impact on the student's ability to
  154  meet expected proficiency levels in reading, writing, and
  155  mathematics. The commissioner shall conduct studies as necessary
  156  to verify that the required core curricular content is part of
  157  the district instructional programs.
  158         9. District school boards must provide opportunities for
  159  students to demonstrate an acceptable level of performance on an
  160  alternative standardized assessment approved by the State Board
  161  of Education following enrollment in summer academies.
  162         10. The Department of Education must develop, or select,
  163  and implement a common battery of assessment tools that will be
  164  used in all juvenile justice programs in the state. These tools
  165  must accurately measure the core curricular content established
  166  in the Sunshine State Standards.
  167         11. For students seeking a special diploma pursuant to s.
  168  1003.438, the Department of Education must develop or select and
  169  implement an alternate assessment tool that accurately measures
  170  the core curricular content established in the Sunshine State
  171  Standards for students with disabilities under s. 1003.438.
  172         12. The Commissioner of Education shall establish schedules
  173  for the administration of statewide assessments and the
  174  reporting of student test results. The commissioner shall, by
  175  August 1 of each year, notify each school district in writing
  176  and publish on the department's Internet website the testing and
  177  reporting schedules for, at a minimum, the school year following
  178  the upcoming school year. The testing and reporting schedules
  179  shall require that:
  180         a. There is the latest possible administration of statewide
  181  assessments and the earliest possible reporting to the school
  182  districts of student test results which is feasible within
  183  available technology and specific appropriations; however, test
  184  results must be made available no later than the final day of
  185  the regular school year for students.
  186         b. Beginning with the 2010-2011 school year, a
  187  comprehensive statewide assessment of writing is not
  188  administered earlier than the week of March 1 and a
  189  comprehensive statewide assessment of any other subject is not
  190  administered earlier than the week of April 15.
  191         c. A statewide standardized end-of-course assessment is
  192  administered within the last 2 weeks of the course.
  193  The commissioner may, based on collaboration and input from
  194  school districts, design and implement student testing programs,
  195  for any grade level and subject area, necessary to effectively
  196  monitor educational achievement in the state, including the
  197  measurement of educational achievement of the Sunshine State
  198  Standards for students with disabilities. Development and
  199  refinement of assessments shall include universal design
  200  principles and accessibility standards that will prevent any
  201  unintended obstacles for students with disabilities while
  202  ensuring the validity and reliability of the test. These
  203  principles should be applicable to all technology platforms and
  204  assistive devices available for the assessments. The field
  205  testing process and psychometric analyses for the statewide
  206  assessment program must include an appropriate percentage of
  207  students with disabilities and an evaluation or determination of
  208  the effect of test items on such students.
  209         Section 2. This act shall take effect July 1, 2009.