Florida Senate - 2015 SB 1450 By Senator Bullard 39-01391-15 20151450__ 1 A bill to be entitled 2 An act relating to assessments and accountability; 3 amending s. 1008.22, F.S.; revising the student 4 assessment program for public schools; authorizing a 5 school district to select certain assessments to 6 administer instead of the statewide, standardized 7 assessments; providing for funding of the assessments; 8 requiring the Commissioner of Education to develop and 9 maintain a list of assessments from which a school 10 district may choose; providing that school districts, 11 including instructional personnel, and students shall 12 not be negatively impacted under certain 13 circumstances; exempting certain students from 14 participation in the statewide, standardized 15 assessment program; requiring the commissioner to 16 determine percentile rankings for the listed 17 assessments to correspond to achievement levels; 18 providing for the administration of paper-based 19 assessments under certain circumstances; amending s. 20 1008.34, F.S.; revising definitions relating to the 21 school grading system to include the district 22 selected, national, norm-referenced assessment 23 program; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsection (3) of section 1008.22, Florida 28 Statutes, is amended to read: 29 1008.22 Student assessment program for public schools.— 30 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The 31 Commissioner of Education shall design and implement a 32 statewide, standardized assessment program aligned to the core 33 curricular content established in the Next Generation Sunshine 34 State Standards. The commissioner also must develop or select 35 and implement a common battery of assessment tools that will be 36 used in all juvenile justice education programs in the state. 37 These tools must accurately measure the core curricular content 38 established in the Next Generation Sunshine State Standards. 39
Participation in the assessment program is mandatory for all40 school districts and all students attending public schools,41 including adult students seeking a standard high school diploma42 under s. 1003.4282 and students in Department of Juvenile43 Justice education programs, except as otherwise provided by law.44 If a student does not participate in the assessment program, the45 school district must notify the student’s parent and provide the46 parent with information regarding the implications of such47 nonparticipation.The statewide, standardized assessment program 48 shall be designed and implemented as follows: 49 (a)1. Statewide, standardized comprehensive assessments. 50 The statewide, standardized Reading assessment shall be 51 administered annually in grades 3 through 10. The statewide, 52 standardized Writing assessment shall be administered annually 53 at least once at the elementary, middle, and high school levels. 54 When the Reading and Writing assessments are replaced by English 55 Language Arts (ELA) assessments, ELA assessments shall be 56 administered to students in grades 3 through 11. Retake 57 opportunities for the grade 10 Reading assessment or, upon 58 implementation, the grade 10 ELA assessment must be provided. 59 Students taking the ELA assessments shall not take the 60 statewide, standardized assessments in Reading or Writing. ELA 61 assessments shall be administered online. The statewide, 62 standardized Mathematics assessments shall be administered 63 annually in grades 3 through 8. Students taking a revised 64 Mathematics assessment shall not take the discontinued 65 assessment. The statewide, standardized Science assessment shall 66 be administered annually at least once at the elementary and 67 middle grades levels. In order to earn a standard high school 68 diploma, a student who has not earned a passing score on the 69 grade 10 Reading assessment or, upon implementation, the grade 70 10 ELA assessment must earn a passing score on the assessment 71 retake or earn a concordant score as authorized under subsection 72 (7). If a school district does not wish to administer the 73 statewide, standardized assessments online, the department shall 74 provide for the assessments to be administered in a paper-based 75 format. 76 2.a. If a school district does not wish to participate in 77 the statewide, standardized assessment program, the district may 78 choose to annually administer an English Language Arts national, 79 norm-referenced assessment for students in grades 3 through 11; 80 annually administer a mathematics national, norm-referenced 81 assessment for students in grades 3 through 8; and administer a 82 science national, norm-referenced assessment once for students 83 at the elementary school level and once for students at the 84 middle school level. If a district does not wish to administer 85 the national, norm-referenced assessments online, the district 86 shall administer paper-based assessments. Funds designated for 87 the statewide, standardized assessment program must be used to 88 procure and administer the district-selected, national, norm 89 referenced assessment. The Commissioner of Education shall 90 maintain a list of pre-2009 national, norm-referenced 91 assessments identified pursuant to s. 1002.395. A district, 92 including instructional personnel, may not be negatively 93 impacted for not participating in the statewide, standardized 94 assessment program, including, but not limited to, negative 95 implications regarding district and school grades and personnel 96 evaluations. 97 b. All students attending public schools, including adult 98 students seeking a standard high school diploma under s. 99 1003.4282 and students in Department of Juvenile Justice 100 education programs, except as otherwise provided by law, are 101 expected to participate in the statewide, standardized 102 assessment program or the district-selected assessment program. 103 However, a student is not required to participate in a program 104 if the student: 105 (I) Has a medically certified severe cognitive impairment; 106 (II) Has a certified medical complexity; or 107 (III) Has been exempted by written request of his or her 108 parent or, if the student is an adult student, by his or her 109 written request. A parent who opts to exempt his or her child 110 from participation in the statewide, standardized assessment 111 program or the district-selected assessment program, or an adult 112 student who opts to exempt himself or herself from participation 113 in either program, must make arrangements for his or her child, 114 or himself or herself, to take a national, norm-referenced 115 assessment included on the commissioner’s list in a neighboring 116 school district that has chosen not to administer the statewide, 117 standardized assessments, or at a local private school that 118 administers one of the district-selected, national, norm 119 referenced assessments, or to have a certified educator 120 administer the national, norm-referenced assessment to his or 121 her child, or himself or herself. A student or district, 122 including instructional personnel, may not be negatively 123 impacted if the student does not participate in the statewide, 124 standardized assessment program or the district-selected 125 assessment program, including, but not limited to, negative 126 implications regarding district and school grades and personnel 127 evaluations. 128 (b) End-of-course (EOC) assessments.—EOC assessments must 129 be statewide, standardized, and developed or approved by the 130 Department of Education as follows: 131 1. Statewide, standardized EOC assessments in mathematics 132 shall be administered according to this subparagraph. Beginning 133 with the 2010-2011 school year, all students enrolled in Algebra 134 I must take the Algebra I EOC assessment. Except as otherwise 135 provided in paragraph (c), beginning with students entering 136 grade 9 in the 2011-2012 school year, a student who is enrolled 137 in Algebra I must earn a passing score on the Algebra I EOC 138 assessment or attain a comparative score as authorized under 139 subsection (8) in order to earn a standard high school diploma. 140 In order to earn a standard high school diploma, a student who 141 has not earned a passing score on the Algebra I EOC assessment 142 must earn a passing score on the assessment retake or a 143 comparative score as authorized under subsection (8). Beginning 144 with the 2011-2012 school year, all students enrolled in 145 Geometry must take the Geometry EOC assessment. Middle grades 146 students enrolled in Algebra I, Geometry, or Biology I must take 147 the statewide, standardized EOC assessment for those courses and 148 shall not take the corresponding subject and grade-level 149 statewide, standardized assessment. When a statewide, 150 standardized EOC assessment in Algebra II is administered, all 151 students enrolled in Algebra II must take the EOC assessment. 152 Pursuant to the commissioner’s implementation schedule, student 153 performance on the Algebra II EOC assessment constitutes 30 154 percent of a student’s final course grade. 155 2. Statewide, standardized EOC assessments in science shall 156 be administered according to this subparagraph. Beginning with 157 the 2011-2012 school year, all students enrolled in Biology I 158 must take the Biology I EOC assessment. Beginning with students 159 entering grade 9 in the 2013-2014 school year, performance on 160 the Biology I EOC assessment constitutes 30 percent of the 161 student’s final course grade. 162 3. Beginning with the 2013-2014 school year, each student’s 163 performance on the statewide, standardized middle grades Civics 164 EOC assessment constitutes 30 percent of the student’s final 165 course grade in civics education. 166 4. The commissioner may select one or more nationally 167 developed comprehensive examinations, which may include 168 examinations for a College Board Advanced Placement course, 169 International Baccalaureate course, or Advanced International 170 Certificate of Education course, or industry-approved 171 examinations to earn national industry certifications identified 172 in the Industry Certification Funding List, for use as EOC 173 assessments under this paragraph if the commissioner determines 174 that the content knowledge and skills assessed by the 175 examinations meet or exceed the grade-level expectations for the 176 core curricular content established for the course in the Next 177 Generation Sunshine State Standards. Use of any such examination 178 as an EOC assessment must be approved by the state board in 179 rule. 180 5. Contingent upon funding provided in the General 181 Appropriations Act, including the appropriation of funds 182 received through federal grants, the commissioner may establish 183 an implementation schedule for the development and 184 administration of additional statewide, standardized EOC 185 assessments that must be approved by the state board in rule. If 186 approved by the state board, student performance on such 187 assessments constitutes 30 percent of a student’s final course 188 grade. 189 6. All statewide, standardized EOC assessments must be 190 administered online except as otherwise provided in paragraph 191 (c) or if a school district does not wish to administer the 192 statewide, standardized EOC assessments online. If a district 193 does not wish to administer the statewide, standardized EOC 194 assessments online, the department shall provide for the 195 assessments to be administered in a paper-based format. 196 (c) Students with disabilities; Florida Alternate 197 Assessment.— 198 1. Each district school board must provide instruction to 199 prepare students with disabilities in the core content knowledge 200 and skills necessary for successful grade-to-grade progression 201 and high school graduation. 202 2. A student with a disability, as defined in s. 1007.02, 203 for whom the individual education plan (IEP) team determines 204 that the statewide, standardized assessments under this section 205 cannot accurately measure the student’s abilities, taking into 206 consideration all allowable accommodations, shall have 207 assessment results waived for the purpose of receiving a course 208 grade and a standard high school diploma. Such waiver shall be 209 designated on the student’s transcript. The statement of waiver 210 shall be limited to a statement that performance on an 211 assessment was waived for the purpose of receiving a course 212 grade or a standard high school diploma, as applicable. 213 3. The State Board of Education shall adopt rules, based 214 upon recommendations of the commissioner, for the provision of 215 assessment accommodations for students with disabilities and for 216 students who have limited English proficiency. 217 a. Accommodations that negate the validity of a statewide, 218 standardized assessment are not allowed during the 219 administration of the assessment. However, instructional 220 accommodations are allowed in the classroom if identified in a 221 student’s IEP. Students using instructional accommodations in 222 the classroom that are not allowed on a statewide, standardized 223 assessment may have assessment results waived if the IEP team 224 determines that the assessment cannot accurately measure the 225 student’s abilities. 226 b. If a student is provided with instructional 227 accommodations in the classroom that are not allowed as 228 accommodations for statewide, standardized assessments, the 229 district must inform the parent in writing and provide the 230 parent with information regarding the impact on the student’s 231 ability to meet expected performance levels. A parent must 232 provide signed consent for a student to receive classroom 233 instructional accommodations that would not be available or 234 permitted on a statewide, standardized assessment and 235 acknowledge in writing that he or she understands the 236 implications of such instructional accommodations. 237 c. If a student’s IEP states that online administration of 238 a statewide, standardized assessment will significantly impair 239 the student’s ability to perform, the assessment shall be 240 administered in hard copy. 241 4. For students with significant cognitive disabilities, 242 the Department of Education shall provide for implementation of 243 the Florida Alternate Assessment to accurately measure the core 244 curricular content established in the Next Generation Sunshine 245 State Standards. 246 (d) Implementation schedule.— 247 1. The Commissioner of Education shall establish and 248 publish on the department’s website an implementation schedule 249 to transition from the statewide, standardized Reading and 250 Writing assessments to the ELA assessments and to the revised 251 Mathematics assessments, including the Algebra I and Geometry 252 EOC assessments. The schedule must take into consideration 253 funding, sufficient field and baseline data, access to 254 assessments, instructional alignment, and school district 255 readiness to administer the assessments online. 256 2. The Department of Education shall publish minimum and 257 recommended technology requirements that include specifications 258 for hardware, software, networking, security, and broadband 259 capacity to facilitate school district compliance with the 260 requirement that assessments be administered online. 261 (e) Assessment scores and achievement levels.— 262 1. All statewide, standardized EOC assessments and Reading, 263 Writing, and Science assessments shall use scaled scores and 264 achievement levels. Achievement levels shall range from 1 265 through 5, with level 1 being the lowest achievement level, 266 level 5 being the highest achievement level, and level 3 267 indicating satisfactory performance on an assessment. For 268 purposes of the statewide, standardized Writing assessment, 269 student achievement shall be scored using a scale of 1 through 270 6. The Commissioner of Education shall determine percentile 271 scores that correspond to each of the five achievement levels 272 for each of the national, norm-referenced assessments from which 273 a school district may choose. 274 2. The state board shall designate by rule a passing score 275 for each statewide, standardized assessment. 276 3. If the commissioner seeks to revise a statewide, 277 standardized assessment and the revisions require the state 278 board to modify performance level scores, including the passing 279 score, the commissioner shall provide a copy of the proposed 280 scores and implementation plan to the President of the Senate 281 and the Speaker of the House of Representatives at least 90 days 282 before submission to the state board for review. Until the state 283 board adopts the modifications by rule, the commissioner shall 284 use calculations for scoring the assessment that adjust student 285 scores on the revised assessment for statistical equivalence to 286 student scores on the former assessment. The state board shall 287 adopt by rule the passing score for the revised assessment that 288 is statistically equivalent to the passing score on the 289 discontinued assessment for a student who is required to attain 290 a passing score on the discontinued assessment. The commissioner 291 may, with approval of the state board, discontinue 292 administration of the former assessment upon the graduation, 293 based on normal student progression, of students participating 294 in the final regular administration of the former assessment. If 295 the commissioner revises a statewide, standardized assessment 296 and the revisions require the state board to modify the passing 297 score, only students taking the assessment for the first time 298 after the rule is adopted are affected. 299 (f) Assessment schedules and reporting of results.—The 300 Commissioner of Education shall establish schedules for the 301 administration of assessments and the reporting of student 302 assessment results. The commissioner shall consider the 303 observance of religious and school holidays when developing the 304 schedule. By August 1 of each year, the commissioner shall 305 notify each school district in writing and publish on the 306 department’s website the assessment and reporting schedules for, 307 at a minimum, the school year following the upcoming school 308 year. The assessment and reporting schedules must provide the 309 earliest possible reporting of student assessment results to the 310 school districts. Assessment results for the statewide, 311 standardized Reading assessments, or upon implementation the ELA 312 assessments, and Mathematics assessments, including the EOC 313 assessments in Algebra I and Geometry, must be made available no 314 later than the week of June 8. The administration of the 315 statewide, standardized Writing assessment and the Florida 316 Alternate Assessment may be no earlier than the week of March 1. 317 School districts shall administer assessments in accordance with 318 the schedule established by the commissioner. 319 (g) Prohibited activities.—A district school board shall 320 prohibit each public school from suspending a regular program of 321 curricula for purposes of administering practice assessments or 322 engaging in other assessment-preparation activities for a 323 statewide, standardized assessment. However, a district school 324 board may authorize a public school to engage in the following 325 assessment-preparation activities: 326 1. Distributing to students sample assessment books and 327 answer keys published by the Department of Education. 328 2. Providing individualized instruction in assessment 329 taking strategies, without suspending the school’s regular 330 program of curricula, for a student who scores Level 1 or Level 331 2 on a prior administration of an assessment. 332 3. Providing individualized instruction in the content 333 knowledge and skills assessed, without suspending the school’s 334 regular program of curricula, for a student who scores Level 1 335 or Level 2 on a prior administration of an assessment or a 336 student who, through a diagnostic assessment administered by the 337 school district, is identified as having a deficiency in the 338 content knowledge and skills assessed. 339 4. Administering a practice assessment or engaging in other 340 assessment-preparation activities that are determined necessary 341 to familiarize students with the organization of the assessment, 342 the format of assessment items, and the assessment directions or 343 that are otherwise necessary for the valid and reliable 344 administration of the assessment, as set forth in rules adopted 345 by the State Board of Education with specific reference to this 346 paragraph. 347 (h) Contracts for assessments.—The commissioner shall 348 provide for the assessments to be developed or obtained, as 349 appropriate, through contracts and project agreements with 350 private vendors, public vendors, public agencies, postsecondary 351 educational institutions, or school districts. The commissioner 352 may enter into contracts for the continued administration of the 353 assessments authorized and funded by the Legislature. Contracts 354 may be initiated in 1 fiscal year and continue into the next 355 fiscal year and may be paid from the appropriations of either or 356 both fiscal years. The commissioner may negotiate for the sale 357 or lease of tests, scoring protocols, test scoring services, and 358 related materials developed pursuant to law. 359 Section 2. Subsection (1) of section 1008.34, Florida 360 Statutes, is amended to read: 361 1008.34 School grading system; school report cards; 362 district grade.— 363 (1) DEFINITIONS.—For purposes of the statewide, 364 standardized assessment program; the district-selected, 365 national, norm-referenced assessment program; and the school 366 grading system, the following terms are defined: 367 (a) “Achievement level,” “student achievement,” or 368 “achievement” describes the level of content mastery a student 369 has acquired in a particular subject as measured by a statewide, 370 standardized assessment or a district-selected, national, norm 371 referenced assessment administered pursuant to s. 1008.22(3)(a) 372 and (b). There are five achievement levels. Level 1 is the 373 lowest achievement level, level 5 is the highest achievement 374 level, and level 3 indicates satisfactory performance. A student 375 passes an assessment if the student achieves a level 3, level 4, 376 or level 5. The Commissioner of Education shall determine 377 percentile scores that correspond to each of the five 378 achievement levels for each of the national, norm-referenced 379 assessments from which a school district may choose. For 380 purposes of the Florida Alternate Assessment administered 381 pursuant to s. 1008.22(3)(c), the state board shall provide, in 382 rule, the number of achievement levels and identify the 383 achievement levels that are considered passing. 384 (b) “Learning Gains,” “annual learning gains,” or “student 385 learning gains” means the degree of student learning growth 386 occurring from one school year to the next as required by state 387 board rule for purposes of calculating school grades under this 388 section. 389 (c) “Student performance,” “student academic performance,” 390 or “academic performance” includes, but is not limited to, 391 student learning growth, achievement levels, and Learning Gains 392 on statewide, standardized assessments or district-selected, 393 national, norm-referenced assessments administered pursuant to 394 s. 1008.22. 395 Section 3. This act shall take effect July 1, 2015.