House Bill hb0659c1

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    Florida House of Representatives - 2002              CS/HB 659

        By the Committee on Education Innovation and
    Representatives Ausley and Littlefield





  1                      A bill to be entitled

  2         An act relating to students with disabilities;

  3         creating s. 232.2464, F.S.; providing a

  4         definition; providing eligibility for

  5         accommodations in taking the Florida

  6         Comprehensive Assessment Test or the High

  7         School Competency Test required for high school

  8         graduation; providing an exemption from taking

  9         the test; providing for substitution of

10         coursework; providing requirements for

11         eligibility for a standard high school diploma;

12         providing for adoption of rules; providing for

13         funding for accommodations; providing an

14         effective date.

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

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18         Section 1.  Section 232.2464, Florida Statutes, is

19  created to read:

20         232.2464  Students with disabilities; graduation

21  requirements.--

22         (1)  For purposes of this section, "student with

23  disabilities" means any student with mental retardation,

24  hearing impairments including deafness, speech or language

25  impairments, visual impairments including blindness, serious

26  emotional disturbance, orthopedic impairments, autism,

27  traumatic brain injury, other health impairments, or specific

28  learning disabilities including, but not limited to, dyslexia,

29  dyscalculia, and aphasia, or any student who is hospitalized

30  or homebound.

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    Florida House of Representatives - 2002              CS/HB 659

    603-171-02






  1         (2)  A student with disabilities shall be eligible for

  2  accommodations in taking the Florida Comprehensive Assessment

  3  Test (FCAT) or the High School Competency Test (HSCT) if such

  4  accommodations are allowed in the classrooms or for testing.

  5  Accommodations shall be considered allowable, valid, and

  6  scoreable if they are used during classroom instruction or

  7  assessment and are identified in the student's Individual

  8  Education Plan or 504 Plan. A student who receives

  9  accommodations pursuant to this subsection is eligible for a

10  standard high school diploma upon successful completion of

11  coursework required for graduation.

12         (3)  A student with disabilities whose disability is so

13  severe that it would be a major barrier to earning passing

14  scores on the FCAT or the HSCT shall be exempt from taking the

15  FCAT or the HSCT if such exemption is identified in the

16  student's Individual Education Plan or 504 Plan. A student who

17  receives an exemption pursuant to this subsection is eligible

18  for a standard high school diploma upon successful completion

19  of coursework required for graduation and demonstration of

20  competency through alternative assessment based on the

21  standards used for the FCAT or the HSCT.

22         (4)  A student with disabilities shall be eligible for

23  reasonable substitution of coursework for any requirement for

24  high school graduation and shall be eligible for a standard

25  high school diploma if:

26         (a)  Documentation is provided that the student's

27  inability to meet the graduation requirement is related to the

28  student's disability.

29         (b)  Failure to meet the graduation requirement does

30  not constitute a fundamental alteration in the nature of the

31  student's high school program of study.

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    Florida House of Representatives - 2002              CS/HB 659

    603-171-02






  1         (5)  The Individual Education Plan team or 504 Plan

  2  team and the parents of a student shall be responsible for

  3  identifying the accommodations or exemption for a student with

  4  disabilities for coursework and assessment, including

  5  statewide assessment, based on compliance standards of the

  6  Americans with Disabilities Act and the Individuals with

  7  Disabilities Education Act and s. 228.041(18).

  8         (6)  The Florida Board of Education shall adopt rules

  9  to implement the provisions of this section and shall develop

10  substitute requirements for high school graduation where

11  appropriate.

12         (7)  The Department of Education shall provide

13  sufficient funding to enable each school district to provide

14  appropriate accommodations for statewide assessment for all

15  students with disabilities.

16         Section 2.  This act shall take effect July 1, 2002.

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