House Bill hb1813

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    Florida House of Representatives - 2002                HB 1813

        By Representative Harrell






  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         232.245, F.S.; requiring a school district to

  4         notify the parent of a student who does not

  5         take the statewide assessments; requiring a

  6         parent's signed consent for the provision of

  7         instructional modifications that would not be

  8         permitted on the statewide assessments;

  9         amending s. 229.57; requiring a school district

10         to notify the parent of a student who does not

11         take the statewide assessments; requiring a

12         school district to notify a parent when a

13         student is provided with instructional

14         modifications that are not allowable in the

15         statewide assessment program and to inform the

16         parent regarding the impact of nonparticipation

17         on the student's ability to meet expected

18         proficiency levels; providing an effective

19         date.

20

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

22

23         Section 1.  Present subsections (5), (6), and (7) of

24  section 232.245, Florida Statutes, are redesignated as

25  subsections (6), (7), and (8), respectively, and a new

26  subsection (5) is added to that section to read:

27         232.245  Pupil progression; remedial instruction;

28  reporting requirements.--

29         (5)  If a student does not participate in the statewide

30  assessment, the district must notify the student's parent and

31  provide the parent with information regarding the implications

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    Florida House of Representatives - 2002                HB 1813

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  1  of such nonparticipation. If modifications are made in the

  2  student's instruction to provide accommodations that would not

  3  be permitted on the statewide assessment tests, the district

  4  must notify the student's parent of the implications of such

  5  instructional modifications. A parent must provide signed

  6  consent for a student to receive instructional modifications

  7  that would not be permitted on the statewide assessments and

  8  must acknowledge in writing that he or she understands the

  9  implications of such accommodation.

10         Section 2.  Paragraph (c) of subsection (3) of section

11  229.57, Florida Statutes, is amended to read:

12         229.57  Student assessment program.--

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

14  shall design and implement a statewide program of educational

15  assessment that provides information for the improvement of

16  the operation and management of the public schools, including

17  schools operating for the purpose of providing educational

18  services to youth in Department of Juvenile Justice programs.

19  Pursuant to the statewide assessment program, the commissioner

20  shall:

21         (c)  Develop and implement a student achievement

22  testing program as part of the statewide assessment program,

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

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

25  program must be designed so that:

26         1.  The tests measure student skills and competencies

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

28  tests must measure and report student proficiency levels in

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

30  measured statewide beginning in 2003. Other content areas may

31  be included as directed by the commissioner.  The commissioner

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    Florida House of Representatives - 2002                HB 1813

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

  2  appropriate, through contracts and project agreements with

  3  private vendors, public vendors, public agencies,

  4  postsecondary institutions, or school districts.  The

  5  commissioner shall obtain input with respect to the design and

  6  implementation of the testing program from state educators and

  7  the public.

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

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

10  the commissioner, items that require the student to produce

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

12  competencies he or she uses can be measured.

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

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

15  which students are required to produce writings which are then

16  scored by appropriate methods.

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

18  below which score a student's performance is deemed

19  inadequate.  The school districts shall provide appropriate

20  remedial instruction to students who score below these levels.

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

22  grade students take a high school competency test developed by

23  the state board to test minimum student performance skills and

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

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

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

27  the commissioner, the state board shall designate a passing

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

29  establishing passing scores, the state board shall consider

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

31  The commissioner may establish criteria whereby a student who

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    Florida House of Representatives - 2002                HB 1813

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  1  successfully demonstrates proficiency in either reading or

  2  mathematics or both may be exempted from taking the

  3  corresponding section of the high school competency test or

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

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

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

  7  diploma. The school districts shall provide appropriate

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

  9  competency test.

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

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

12  assessment test described in this paragraph instead of the

13  high school competency test described in subparagraph 5. Such

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

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

16  recommendation of the commissioner, the state board shall

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

18  assessment test. In establishing passing scores, the state

19  board shall consider any possible negative impact of the test

20  on minority students.

21         7.  Participation in the testing program is mandatory

22  for all students, including students served in Department of

23  Juvenile Justice programs, except as otherwise prescribed by

24  the commissioner. If a student does not participate in the

25  testing program, the district must notify the parent and

26  provide the parent with information regarding the reasons for

27  and implications of such nonparticipation. The commissioner

28  shall recommend rules to the state board for the provision of

29  test adaptations and modifications of procedures as necessary

30  for students in exceptional education programs and for

31  students who have limited English proficiency.

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    Florida House of Representatives - 2002                HB 1813

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

  2  meet the same testing requirements that a regular high school

  3  student must meet.

  4         9.  School districts must provide instruction to

  5  prepare students to demonstrate proficiency in the skills and

  6  competencies necessary for successful grade-to-grade

  7  progression and high school graduation. If a student is

  8  provided with accommodations or modifications that are not

  9  allowable in the statewide assessment program, as described in

10  the test manuals, the district must inform the parent in

11  writing, and must provide the parent with information

12  regarding the impact on the student's ability to meet expected

13  proficiency levels in reading, writing, and math. The

14  commissioner shall conduct studies as necessary to verify that

15  the required skills and competencies are part of the district

16  instructional programs.

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

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

19  assessment tools which will be used in all juvenile justice

20  programs in the state. These tools must accurately reflect

21  criteria established in the Florida Sunshine State Standards.

22

23  The commissioner may design and implement student testing

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

25  procedures designated by the commissioner to monitor

26  educational achievement in the state.

27         Section 3.  This act shall take effect upon becoming a

28  law.

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    Florida House of Representatives - 2002                HB 1813

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  2                       LEGISLATIVE SUMMARY

  3    Requires school districts to notify the parents of
      students who do not take statewide assessments. Requires
  4    parental consent for instructional modifications that are
      not permitted on statewide assessments. (See bill for
  5    details.)

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