Senate Bill sb1932

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1932

    By Senator Lawson





    6-1372-03                                           See HB 253

  1                      A bill to be entitled

  2         An act relating to the statewide assessment

  3         program for public schools; amending s.

  4         1008.22, F.S.; revising provisions relating to

  5         the design and implementation of the FCAT;

  6         requiring universal design principles that will

  7         prevent unintended obstacles for students with

  8         disabilities; providing field testing and

  9         analysis requirements; requiring the

10         Commissioner of Education to expand the

11         statewide assessment program to include

12         multiple assessment options leading to a

13         standard high school diploma for students with

14         disabilities; requiring development of

15         assessment options; providing for student

16         accommodations when taking the FCAT or

17         alternate assessments; providing for an appeals

18         process; specifying features and methods for

19         implementation of alternate assessment options

20         for students with disabilities; requiring the

21         commissioner to establish a State

22         Accommodations Panel to review, consider,

23         approve, or disapprove new testing

24         accommodations; providing duties of the panel;

25         providing that the commissioner shall require

26         school districts to be accountable for all

27         students and to provide certain remediation;

28         providing requirements relating to assessment

29         scores; providing an effective date.

30  

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

                                  1

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






    Florida Senate - 2003                                  SB 1932
    6-1372-03                                           See HB 253




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

 2  1008.22, Florida Statutes, is amended, and paragraphs (g) and

 3  (h) are added to that subsection, to read:

 4         1008.22  Student assessment program for public

 5  schools.--

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

 7  shall design and implement a statewide program of educational

 8  assessment that provides information for the improvement of

 9  the operation and management of the public schools, including

10  schools operating for the purpose of providing educational

11  services to youth in Department of Juvenile Justice programs.

12  Pursuant to the statewide assessment program, the commissioner

13  shall:

14         (c)  Develop and implement a student achievement

15  testing program known as the Florida Comprehensive Assessment

16  Test (FCAT) as part of the statewide assessment program, to be

17  administered annually in grades 3 through 10 to measure

18  reading, writing, science, and mathematics. Other content

19  areas may be included as directed by the commissioner. The

20  testing program must be designed so that:

21         1.  The tests measure student skills and competencies

22  adopted by the State Board of Education as specified in

23  paragraph (a). The tests must measure and report student

24  proficiency levels of all students in reading, writing,

25  mathematics, and science. The commissioner shall provide for

26  the tests to be developed or obtained, as appropriate, through

27  contracts and project agreements with private vendors, public

28  vendors, public agencies, postsecondary educational

29  institutions, or school districts. The commissioner shall

30  obtain input with respect to the design and implementation of

31  

                                  2

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






    Florida Senate - 2003                                  SB 1932
    6-1372-03                                           See HB 253




 1  the testing program from state regular and exceptional student

 2  educators, assistive technology experts, and the public.

 3         2.  The testing program will include a combination of

 4  norm-referenced and criterion-referenced tests and include, to

 5  the extent determined by the commissioner, questions that

 6  require the student to produce information or perform tasks in

 7  such a way that the skills and competencies he or she uses can

 8  be measured.

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

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

11  which students are required to produce writings that are then

12  scored by appropriate and timely methods.

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

14  below which score a student's performance is deemed

15  inadequate. The school districts shall provide appropriate

16  remedial instruction to students who score below these levels.

17         5.  Students must earn a passing score on the grade 10

18  assessment test described in this paragraph in reading,

19  writing, and mathematics to qualify for a standard regular

20  high school diploma. The State Board of Education shall

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

22  assessment test. In establishing passing scores, the state

23  board shall consider any possible negative impact of the test

24  on minority students. All students who took the grade 10 FCAT

25  during the 2000-2001 school year shall be required to earn the

26  passing scores in reading and mathematics established by the

27  State Board of Education for the March 2001 test

28  administration. Such students who did not earn the established

29  passing scores and must repeat the grade 10 FCAT are required

30  to earn the passing scores established for the March 2001 test

31  administration. All students who take the grade 10 FCAT for

                                  3

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






    Florida Senate - 2003                                  SB 1932
    6-1372-03                                           See HB 253




 1  the first time in March 2002 and thereafter shall be required

 2  to earn the passing scores in reading and mathematics

 3  established by the State Board of Education for the March 2002

 4  test administration. The State Board of Education shall adopt

 5  rules which specify the passing scores for the grade 10 FCAT.

 6  Any such rules, which have the effect of raising the required

 7  passing scores, shall only apply to students taking the grade

 8  10 FCAT after such rules are adopted by the State Board of

 9  Education.

10         6.  Participation in the testing program is mandatory

11  for all students attending public school, including students

12  served in Department of Juvenile Justice programs, except as

13  otherwise prescribed by the commissioner. If a student does

14  not participate in the statewide assessment, the district must

15  notify the student's parent and provide the parent with

16  information regarding the implications of such

17  nonparticipation. If modifications are made in the student's

18  instruction to provide modifications accommodations that would

19  not be permitted on the statewide assessment tests, the

20  district must notify the student's parent of the implications

21  of such instructional modifications. A parent must provide

22  signed consent for a student to receive instructional

23  modifications that would not be permitted on the statewide

24  assessment assessments and must acknowledge in writing that he

25  or she understands the implications of such modifications

26  accommodations. The State Board of Education shall adopt

27  rules, based upon recommendations of the commissioner, for the

28  provision of test accommodations and modifications of

29  procedures as necessary for students in exceptional education

30  programs and for students who have limited English

31  

                                  4

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






    Florida Senate - 2003                                  SB 1932
    6-1372-03                                           See HB 253




 1  proficiency. Accommodations that negate the validity of a

 2  statewide assessment are not allowable.

 3         7.  A student seeking an adult high school diploma must

 4  meet the same testing requirements that a regular high school

 5  student must meet.

 6         8.  District school boards must provide instruction to

 7  prepare students to demonstrate proficiency in the skills and

 8  competencies necessary for successful grade-to-grade

 9  progression and high school graduation. If a student is

10  provided with accommodations or modifications that are not

11  allowable in the statewide assessment program, as described in

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

13  writing and must provide the parent with information regarding

14  the impact on the student's ability to meet expected

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

16  commissioner shall conduct studies as necessary to verify that

17  the required skills and competencies are part of the district

18  instructional programs.

19         9.  The Department of Education must develop, or

20  select, and implement a common battery of assessment tools

21  that will be used in all juvenile justice programs in the

22  state. These tools must accurately measure the skills and

23  competencies established in the Florida Sunshine State

24  Standards.

25  

26  The commissioner may design and implement student testing

27  programs, for any grade level and subject area, necessary to

28  effectively measure educational achievements as established in

29  the Sunshine State Standards monitor educational achievement

30  in the state. Development and refinement shall include

31  universal design principles that will prevent any unintended

                                  5

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






    Florida Senate - 2003                                  SB 1932
    6-1372-03                                           See HB 253




 1  obstacles for students with disabilities. The field testing

 2  process and psychometric analyses for the statewide assessment

 3  program formats must include students with disabilities and an

 4  evaluation or determination of the impact of test items on

 5  such students. 

 6         (g)1.  Expand the program to include multiple

 7  assessment options leading to a standard high school diploma,

 8  including the current version of the FCAT with a broad array

 9  of reasonable accommodations and alternate assessment options

10  for students with disabilities to demonstrate their

11  achievement of the skills and competencies of the Sunshine

12  State Standards. Alternate assessment options, such as a

13  portfolio assessment, juried assessment, oral or

14  capability-focused presentation or demonstration, and

15  web-based assessment, shall be developed by the Department of

16  Education to measure the same Sunshine State Standard

17  benchmarks measured by the FCAT. 

18         a.  School districts shall provide students with

19  disabilities any reasonable accommodation when taking the FCAT

20  or any alternate assessment within the statewide assessment

21  program that has been included as part of the student's

22  individual education plan (IEP) or Section 504 plan and that

23  cannot be demonstrated by the State Accommodations Panel to

24  jeopardize the reliability, validity, or security of the FCAT

25  and that is routinely used in the classroom.

26         b.  School districts shall be monitored to ensure that

27  they offer and implement testing modifications that are

28  included within student IEPs and Section 504 plans.

29         c.  Only options and formats within the statewide

30  assessment program that are developed to be valid for

31  measuring assessment progress toward the benchmarks of the

                                  6

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






    Florida Senate - 2003                                  SB 1932
    6-1372-03                                           See HB 253




 1  Sunshine State Standards and that reliably measure the

 2  performance of students with disabilities shall be

 3  administered to such students.

 4         d.  The scores of students with disabilities shall not

 5  be singled out or flagged in the statewide assessment program

 6  reporting process regardless of the assessment format used.

 7         e.  Statewide assessment development and selection of

 8  test items shall include persons with disabilities, experts

 9  knowledgeable about testing students in the various

10  disabilities, and persons knowledgeable about assistive

11  technology for students with disabilities.

12         f.  A well-defined, well-communicated appeals process

13  shall be developed and implemented so that students with

14  disabilities may appeal certain issues and decisions,

15  including, but not limited to: denial of eligibility for an

16  alternate assessment leading to a standard or special high

17  school diploma; type of alternate assessment to be used;

18  scoring process; disapproval of testing accommodations;

19  failure to implement an approved accommodation; and use of

20  FCAT scores for promotion.

21         g.  All students with disabilities shall be included in

22  all school-level activities related to statewide assessment

23  test preparation and school-level remediation activities.

24         2.  Provide for alternate assessment options that have

25  the following features and methods for implementation:

26         a.  An alternate assessment must be a state uniform

27  system of assessing the achievement and progress of students

28  with disabilities in grades 3 through 10 for whom the FCAT,

29  even with expanded accommodations and formats, is not

30  appropriate.

31  

                                  7

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






    Florida Senate - 2003                                  SB 1932
    6-1372-03                                           See HB 253




 1         b.  An alternate assessment leading to a standard

 2  diploma must measure the same areas in reading, writing,

 3  science, and mathematics in grade 10 as the FCAT measures.

 4         c.  An alternate assessment must be developed, field

 5  tested, validated, and implemented by the State Board of

 6  Education, following established guidelines and standards for

 7  sound test development and administration.

 8         d.  An alternate assessment must have specific criteria

 9  for what is addressed, how it is measured, observed, and

10  documented, and how it is scored.  The State Board of

11  Education shall develop the scoring process and scoring

12  rubrics appropriate to each type of assessment, grade level,

13  and content area, including reading, writing, science, and

14  mathematics. The State Board of Education shall be responsible

15  for scoring to ensure consistency across all schools and

16  districts.

17         e.  Students who are eligible to participate in an

18  alternate assessment must be required to demonstrate the same

19  high levels of performance expected of other students for

20  student progression and to meet the requirements for

21  graduation. Scores on an alternate assessment that are

22  comparable to specific FCAT achievement levels for student

23  progression in grades 3 through 10 and for graduation shall be

24  established by the State Board of Education.

25         f.  An alternate assessment must be evaluated by a

26  method that is equal to and indistinguishable from the system

27  used for the FCAT.

28         g.  Students who participate in an alternate assessment

29  option within the statewide assessment program must be

30  eligible for all of the programs, services, and activities as

31  students who participate in the FCAT.

                                  8

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






    Florida Senate - 2003                                  SB 1932
    6-1372-03                                           See HB 253




 1         h.  Specific student eligibility criteria shall be

 2  established by the State Board of Education in collaboration

 3  with a representative group of school district and school

 4  educators.  Once criteria are established, a student's IEP

 5  team or Section 504 team must determine if the student is

 6  eligible to participate in the alternate assessment, and for

 7  which mode or option.

 8         i.  School districts must inform IEP and Section 504

 9  team members, including parents, regarding alternate

10  assessment options within the statewide assessment program.

11         3.  Establish a State Accommodations Panel to review,

12  consider, approve, or disapprove new testing accommodations

13  requested by an IEP team or 504 team through the school

14  districts. The State Accommodations Panel shall include a

15  parent, a state testing expert, a state exceptional student

16  education representative, a researcher, a teacher, an

17  assistive technology expert, and other area or content

18  specialists depending on the type of accommodation being

19  considered by the panel. The State Accommodations Panel shall:

20         a.  Establish a timely process for decisionmaking,

21  including documentation for requesting and receiving approval

22  or disapproval for requested accommodations.

23         b.  Approve assessment accommodations that are part of

24  the student's IEP plan or 504 plan unless research-based

25  evidence demonstrates that the accommodation invalidates the

26  score interpretation.

27         c.  Disseminate an annual update of approved and

28  disapproved testing accommodations to parents and school

29  districts using a variety of dissemination mechanisms.

30         d.  Review annual reports required by the Department of

31  Education from school districts about reasonable

                                  9

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






    Florida Senate - 2003                                  SB 1932
    6-1372-03                                           See HB 253




 1  accommodations utilized for students with disabilities within

 2  the school districts during any statewide assessment program

 3  component administration.

 4         e.  Eliminate the discrepancy between accommodations

 5  available to students in postsecondary education that are not

 6  presently available during the statewide assessment program

 7  administration.

 8         (h)  Require school districts to be accountable for the

 9  academic progress of all students and to provide any necessary

10  remediation for students who do not meet grade-level

11  benchmarks relative to the Sunshine State Standards.

12  Assessment scores for all students with disabilities shall be

13  included in the reporting procedures as well as the

14  accountability system of the statewide assessment program.

15         Section 2.  This act shall take effect July 1, 2003.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  10

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