Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for SB 1108 Barcode 573240 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/26/2013 12:09 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Gardiner moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 430 and 431 4 insert: 5 Section 8. Section 1008.212, Florida Statutes, is created 6 to read: 7 1008.212 Students with disabilities; extraordinary 8 exemption.— 9 (1) As used in this section, the term: 10 (a) “Circumstance” means a situation in which 11 accommodations allowable for use on the statewide standardized 12 assessment, a statewide standardized end-of-course assessment, 13 or an alternate assessment pursuant to s. 1008.22(3)(c)13. are 14 not offered to a student during the current year’s assessment 15 administration due to technological limitations in the testing 16 administration program which lead to results that reflect the 17 student’s impaired sensory, manual, or speaking skills rather 18 than the student’s achievement of the benchmarks assessed by the 19 statewide standardized assessment, a statewide standardized end 20 of-course assessment, or an alternate assessment. 21 (b) “Condition” means an impairment, whether recently 22 acquired or longstanding, which affects a student’s ability to 23 communicate in modes deemed acceptable for statewide 24 assessments, even if appropriate accommodations are provided, 25 and creates a situation in which the results of administration 26 of the statewide standardized assessment, an end-of-course 27 assessment, or an alternate assessment would reflect the 28 student’s impaired sensory, manual, or speaking skills rather 29 than the student’s achievement of the benchmarks assessed by the 30 statewide standardized assessment, a statewide standardized end 31 of-course assessment, or an alternate assessment. 32 (2) A student with a disability for whom the individual 33 education plan (IEP) team determines is prevented by a 34 circumstance or condition from physically demonstrating the 35 mastery of skills that have been acquired and are measured by 36 the statewide standardized assessment, a statewide standardized 37 end-of-course assessment, or an alternate assessment pursuant to 38 s. 1008.22(3)(c)13. shall be granted an extraordinary exemption 39 from the administration of the assessment. A learning, 40 emotional, behavioral, or significant cognitive disability, or 41 the receipt of services through the homebound or hospitalized 42 program in accordance with rule 6A-6.03020, Florida 43 Administrative Code, is not, in and of itself, an adequate 44 criterion for the granting of an extraordinary exemption. 45 (3) The IEP team, which must include the parent, may submit 46 to the district school superintendent a written request for an 47 extraordinary exemption at any time during the school year, but 48 not later than 60 days before the current year’s assessment 49 administration for which the request is made. A request must 50 include all of the following: 51 (a) A written description of the student’s disabilities, 52 including a specific description of the student’s impaired 53 sensory, manual, or speaking skills. 54 (b) Written documentation of the most recent evaluation 55 data. 56 (c) Written documentation, if available, of the most recent 57 administration of the statewide standardized assessment, an end 58 of-course assessment, or an alternate assessment. 59 (d) A written description of the condition’s effect on the 60 student’s participation in the statewide standardized 61 assessment, an end-of-course assessment, or an alternate 62 assessment. 63 (e) Written evidence that the student has had the 64 opportunity to learn the skills being tested. 65 (f) Written evidence that the student has been provided 66 appropriate instructional accommodations. 67 (g) Written evidence as to whether the student has had the 68 opportunity to be assessed using the instructional 69 accommodations on the student’s IEP which are allowable in the 70 administration of the statewide standardized assessment, an end 71 of-course assessment, or an alternate assessment in prior 72 assessments. 73 (h) Written evidence of the circumstance or condition as 74 defined in subsection (1). 75 (4) Based upon the documentation provided by the IEP team, 76 the school district superintendent shall recommend to the 77 Commissioner of Education whether an extraordinary exemption for 78 a given assessment administration window should be granted or 79 denied. A copy of the school district’s procedural safeguards as 80 required in rule 6A-6.03311, Florida Administrative Code, shall 81 be provided to the parent. If the parent disagrees with the IEP 82 team’s recommendation, the dispute resolution methods described 83 in the procedural safeguards shall be made available to the 84 parent. Upon receipt of the request, documentation, and 85 recommendation, the commissioner shall verify the information 86 documented, make a determination, and notify the parent and the 87 district school superintendent in writing within 30 days after 88 the receipt of the request whether the exemption has been 89 granted or denied. If the commissioner grants the exemption, the 90 student’s progress must be assessed in accordance with the goals 91 established in the student’s individual education plan. If the 92 commissioner denies the exemption, the notification must state 93 the reasons for the denial. 94 (5) The parent of a student with a disability who disagrees 95 with the commissioner’s denial of an extraordinary exemption may 96 request an expedited hearing. If the parent requests the 97 expedited hearing, the Department of Education shall inform the 98 parent of any free or low-cost legal services and other relevant 99 services available in the area. The Department of Education 100 shall arrange a hearing with the Division of Administrative 101 Hearings, which must be commenced within 20 school days after 102 the parent’s request for the expedited hearing. The 103 administrative law judge at the division shall make a 104 determination within 10 school days after the expedited hearing. 105 The standard of review for the expedited hearing is de novo, and 106 the department has the burden of proof. 107 (6) Beginning June 30, 2014, and each June 30 thereafter, 108 the commissioner shall annually submit to the Governor, the 109 President of the Senate, and the Speaker of the House of 110 Representatives the number of extraordinary exemptions requested 111 under this section, the number of extraordinary exemptions 112 granted under this section, and the criteria by which all 113 decisions were made. The commissioner shall regularly inform 114 district testing and special education administrators of the 115 procedures established in this section. 116 (7) The State Board of Education shall adopt rules to 117 administer this section. 118 119 ================= T I T L E A M E N D M E N T ================ 120 And the title is amended as follows: 121 Delete line 38 122 and insert: 123 conforming a cross-reference; creating s. 1008.212, 124 F.S.; providing definitions; providing that a student 125 with a disability be granted an extraordinary 126 exemption from the administration of certain 127 assessments under certain circumstances; providing 128 that certain disabilities or the receipt of services 129 through a homebound or hospitalized program is not an 130 adequate criterion for the granting of an 131 extraordinary exemption; authorizing a written request 132 for an extraordinary exemption; providing requirements 133 for the request; providing a procedure for granting or 134 denying an extraordinary exemption; providing a 135 procedure for appealing a denial of an extraordinary 136 exemption; requiring the Commissioner of Education to 137 annually submit by a specified date to the Governor 138 and the Legislature a report and regularly inform 139 district testing and special education administrators 140 of the procedures regarding extraordinary exemptions; 141 requiring the State Board of Education to adopt rules; 142 creating s. 1008.3415,