Senate Bill sb1932
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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:
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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
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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
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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
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Florida Senate - 2003 SB 1932
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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.
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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
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Florida Senate - 2003 SB 1932
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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
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Florida Senate - 2003 SB 1932
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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.
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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.
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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
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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.
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