House Bill 2229

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                HB 2229

        By Representative Crow






  1                      A bill to be entitled

  2         An act relating to the student assessment

  3         program; amending s. 229.57, F.S.; requiring a

  4         biannual review of the design of the

  5         achievement testing program; requiring school

  6         performance grade category designations to be

  7         based on at least 2 consecutive years of

  8         performance; requiring student achievement

  9         levels to be statistically adjusted according

10         to a school's socioeconomic status; deleting

11         certain factors for determining school

12         performance grade categories; providing

13         additional factors for determining school

14         performance grade categories; revising student

15         assessment data used to determine school

16         performance grade categories; requiring

17         performance on measures used to determine the

18         school's performance rating to be reported to

19         parents and to the state annually; requiring

20         the effects of socioeconomic status on student

21         performance on standardized tests to be

22         included when using recognized approaches to

23         statistical variance and estimating random

24         effects; requiring items included in the

25         assessments to be examined annually by

26         unbiased, independent reviewers to determine

27         that the assessments measure mastery of the

28         Sunshine State Standards and that performance

29         on the assessments are not influenced by

30         external factors; providing an effective date.

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2229

    568-168-00






  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Paragraph (c) of subsection (3), subsection

  4  (8), subsection (10), and paragraph (f) of subsection (11) of

  5  section 229.57, Florida Statutes, are amended, and paragraph

  6  (j) is added to subsection (11), to read:

  7         229.57  Student assessment program.--

  8         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner

  9  shall design and implement a statewide program of educational

10  assessment that provides information for the improvement of

11  the operation and management of the public schools, including

12  schools operating for the purpose of providing educational

13  services to youth in Department of Juvenile Justice programs.

14  Pursuant to the statewide assessment program, the commissioner

15  shall:

16         (c)  Develop and implement a student achievement

17  testing program as part of the statewide assessment program,

18  to be administered annually in grades 3 through 10 to measure

19  reading, writing, science, and mathematics. The testing

20  program must be designed so that:

21         1.  The tests measure student skills and competencies

22  adopted by the state board as specified in paragraph (a). The

23  tests must measure and report student proficiency levels in

24  reading, writing, and mathematics. Science proficiency must be

25  measured statewide beginning in 2003. Other content areas may

26  be included as directed by the commissioner. The commissioner

27  shall provide for the tests to be developed or obtained, as

28  appropriate, through contracts and project agreements with

29  private vendors, public vendors, public agencies,

30  postsecondary institutions, or school districts. The

31  commissioner shall obtain input with respect to the design and

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2229

    568-168-00






  1  implementation of the testing program from state educators and

  2  the public.

  3         2.  The tests are a combination of norm-referenced and

  4  criterion-referenced and include, to the extent determined by

  5  the commissioner, items that require the student to produce

  6  information or perform tasks in such a way that the skills and

  7  competencies he or she uses can be measured.

  8         3.  Each testing program, whether at the elementary,

  9  middle, or high school level, includes a test of writing in

10  which students are required to produce writings which are then

11  scored by appropriate methods.

12         4.  A score is designated for each subject area tested,

13  below which score a student's performance is deemed

14  inadequate. The school districts shall provide appropriate

15  remedial instruction to students who score below these levels.

16         5.  Except as provided in subparagraph 6., all 11th

17  grade students take a high school competency test developed by

18  the state board to test minimum student performance skills and

19  competencies in reading, writing, and mathematics. The test

20  must be based on the skills and competencies adopted by the

21  state board pursuant to paragraph (a). Upon recommendation of

22  the commissioner, the state board shall designate a passing

23  score for each part of the high school competency test. In

24  establishing passing scores, the state board shall consider

25  any possible negative impact of the test on minority students.

26  The commissioner may establish criteria whereby a student who

27  successfully demonstrates proficiency in either reading or

28  mathematics or both may be exempted from taking the

29  corresponding section of the high school competency test or

30  the college placement test. A student must earn a passing

31  score or have been exempted from each part of the high school

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2229

    568-168-00






  1  competency test in order to qualify for a regular high school

  2  diploma. The school districts shall provide appropriate

  3  remedial instruction to students who do not pass part of the

  4  competency test.

  5         6.  Students who enroll in grade 9 in the fall of 1999

  6  and thereafter must earn a passing score on the grade 10

  7  assessment test described in this paragraph instead of the

  8  high school competency test described in subparagraph 5. Such

  9  students must earn a passing score in reading, writing, and

10  mathematics to qualify for a regular high school diploma. Upon

11  recommendation of the commissioner, the state board shall

12  designate a passing score for each part of the grade 10

13  assessment test. In establishing passing scores, the state

14  board shall consider any possible negative impact of the test

15  on minority students.

16         7.  Participation in the testing program is mandatory

17  for all students, including students served in Department of

18  Juvenile Justice programs, except as otherwise prescribed by

19  the commissioner. The commissioner shall recommend rules to

20  the state board for the provision of test adaptations and

21  modifications of procedures as necessary for students in

22  exceptional education programs and for students who have

23  limited English proficiency.

24         8.  A student seeking an adult high school diploma must

25  meet the same testing requirements that a regular high school

26  student must meet.

27         9.  School districts must provide instruction to

28  prepare students to demonstrate proficiency in the skills and

29  competencies necessary for successful grade-to-grade

30  progression and high school graduation. The commissioner shall

31  conduct studies as necessary to verify that the required

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2229

    568-168-00






  1  skills and competencies are part of the district instructional

  2  programs.

  3         10.  By January 1, 2000, the Department of Education

  4  must develop, or select, and implement a common battery of

  5  assessment tools which will be used in all juvenile justice

  6  programs in the state. These tools must accurately reflect

  7  criteria established in the Florida Sunshine State Standards.

  8

  9  The commissioner may design and implement student testing

10  programs for any grade level and subject area, based on

11  procedures designated by the commissioner to monitor

12  educational achievement in the state. The commissioner shall

13  provide for the tests to be developed or obtained, as

14  appropriate, through contracts and project agreements with

15  private vendors, public vendors, public agencies,

16  postsecondary institutions, or school districts. The

17  commissioner shall obtain input with respect to the design and

18  implementation of the testing program from state educators and

19  the public. Assessment experts, including school district

20  personnel, shall biannually review the design of the

21  achievement testing program and submit to the commissioner

22  recommended revisions necessary to ensure fairness and

23  accuracy for all intended uses of the tests. The commissioner

24  shall report these findings and recommend revisions to the

25  design of the testing program to the State Board of Education

26  within 90 days after receipt of the review.

27         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

28  CATEGORIES.--School performance grade category designations

29  itemized in subsection (7) shall be based on the following:

30         (a)  Timeframes.--

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2229

    568-168-00






  1         1.  School performance grade category designations

  2  shall be based on at least 2 consecutive one school years year

  3  of performance, when such data is available.

  4         2.  In school years 1998-1999 and 1999-2000, a school's

  5  performance grade category designation shall be determined by

  6  the student achievement levels on the FCAT, as statistically

  7  adjusted according to the school's socioeconomic status and on

  8  other appropriate performance data, including, but not limited

  9  to, attendance, dropout rate, school discipline data, and

10  student readiness for college, in accordance with state board

11  rule.

12         3.  Beginning with the 2000-2001 school year, a

13  school's performance grade category designation shall be based

14  on a combination of student achievement scores as measured by

15  the FCAT, as statistically adjusted for a school's

16  socioeconomic status and on the degree of measured learning

17  gains of the students, in accordance with state board rule and

18  on other appropriate performance data, including, but not

19  limited to, attendance, dropout rate, school discipline data,

20  and student readiness for college.

21         4.  Beginning with the 2001-2002 school year and

22  thereafter, a school's performance grade category designation

23  shall be based on student learning gains as measured by annual

24  FCAT assessments in grades 3 through 10, as statistically

25  adjusted for the school's socioeconomic status, and measures

26  of parent satisfaction regarding school safety, quality of

27  education, and student attitudes toward learning, according to

28  state board rule and on other appropriate performance data,

29  including, but not limited to, attendance, dropout rate,

30  school discipline data, cohort graduation rate, and student

31  readiness for college.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2229

    568-168-00






  1

  2  For the purpose of implementing ss. 229.0535 and 229.0537, if

  3  any of the four schools that were identified as critically low

  4  performing, based on both 1996-1997 and 1997-1998 school

  5  performance data and state board adopted criteria, receives a

  6  performance grade category designation of "F," based on

  7  1998-1999 school performance data, that school shall be

  8  considered as having failed to make adequate progress for 2

  9  years in a 4-year period. All other schools that receive a

10  performance grade category designation of "F," based on

11  1998-1999 school performance data, shall be considered as

12  having failed to make adequate progress for 1 year.

13         (b)  Student assessment data.--Student assessment data

14  used in determining school performance grade categories shall

15  include:

16         1.  The average of the difference between the score

17  earned by a student on the FCAT and his or her most recent

18  previous score in that same subject area The median scores of

19  all eligible students enrolled in the school who have been

20  assessed on the FCAT.

21         2.  The percentage of the student population that is

22  eligible to be served free and reduced price meals The median

23  scores of all eligible students enrolled in the school who

24  have been assessed on the FCAT and who have scored at or in

25  the lowest 25th percentile of the state in the previous school

26  year.

27         3.  The average of the most recent student test scores

28  on the FCAT for each subject.

29

30  The Department of Education shall study the effects of

31  mobility on the performance of highly mobile students and

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2229

    568-168-00






  1  recommend programs to improve the performance of such

  2  students. The state board shall adopt appropriate criteria for

  3  each school performance grade category. The criteria must also

  4  give added weight to student achievement in reading. Schools

  5  designated as performance grade category "C," making

  6  satisfactory progress, shall be required to demonstrate that

  7  adequate progress has been made by students who have scored

  8  among the lowest 25 percent of students in the state as well

  9  as by the overall population of students in the school.

10         (10)  SCHOOL PERFORMANCE GRADE CATEGORY AND IMPROVEMENT

11  RATING REPORTS.--School performance grade category

12  designations and improvement ratings shall apply to each

13  school's performance for the year in which performance is

14  measured. Each school's designation, school improvement

15  rating, and performance on measures used to determine the

16  school's performance rating and rating shall be published

17  annually by the Department of Education and the school

18  district. Parents and guardians shall be entitled to an

19  easy-to-read report card about the designation and rating of

20  the school in which their child is enrolled.

21         (11)  STATEWIDE ASSESSMENTS.--The Department of

22  Education is authorized, subject to appropriation, to

23  negotiate a multiyear contract for the development, field

24  testing, and implementation of annual assessments of students

25  in grades 3 through 10. Such assessments must comply with the

26  following criteria:

27         (f)  The statistical system shall provide for an

28  approach which provides for best linear unbiased prediction

29  for the teacher, school, and school district effects on pupil

30  progress. These estimates should adequately be able to

31  determine effects of and compare teachers who teach multiple

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2229

    568-168-00






  1  subjects to the same groups of students, and team teaching

  2  situations where teachers teach a single subject to multiple

  3  groups of students, or other teaching situations as

  4  appropriate.

  5         1.  The department, in consultation with the Office of

  6  Program Policy Analysis and Government Accountability, and

  7  other sources as appropriate, including school district

  8  personnel, shall use recognized approaches to statistical

  9  variance and estimating random effects, including the effects

10  of socioeconomic status on student performance on standardized

11  tests, such as the FCAT.

12         2.  The approach used by the department shall be

13  approved by the State Board of Education before implementation

14  for pupil progression assessment.

15         (j)  Items included in the assessments shall be

16  examined annually by unbiased, independent reviewers to

17  determine that the assessments measure mastery of the Sunshine

18  State Standards and that performance on the assessments are

19  not influenced by external factors.

20         Section 2.  This act shall take effect July 1, 2000.

21

22

23

24

25

26

27

28

29

30

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2229

    568-168-00






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises the student assessment program in the following
  4    ways: requires a biannual review of the design of the
      achievement testing program; requires school performance
  5    grade category designations to be based on at least 2
      consecutive years of performance; requires student
  6    achievement levels to be statistically adjusted according
      to a school's socioeconomic status; deletes certain
  7    factors for determining school performance grade
      categories; provides additional factors for determining
  8    school performance grade categories; revises student
      assessment data used to determine school performance
  9    grade categories; requires performance on measures used
      to determine the school's performance rating to be
10    reported to parents and to the state annually; requires
      the effects of socioeconomic status on student
11    performance on standardized tests to be included when
      using recognized approaches to statistical variance and
12    estimating random effects; and requires items included in
      the assessments to be examined annually by unbiased,
13    independent reviewers to determine that the assessments
      measure mastery of the Sunshine State Standards and that
14    performance on the assessments are not influenced by
      external factors.
15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  10