HB 0253 2003
1	A bill to be entitled
2	An act relating to the statewide assessment program for
3	public schools; amending s. 1008.22, F.S.; revising
4	provisions relating to the design and implementation of
5	the FCAT; requiring universal design principles that will
6	prevent unintended obstacles for students with
7	disabilities; providing field testing and analysis
8	requirements; requiring the Commissioner of Education to
9	expand the statewide assessment program to include
10	multiple assessment options leading to a standard high
11	school diploma for students with disabilities; requiring
12	development of assessment options; providing for student
13	accommodations when taking the FCAT or alternate
14	assessments; providing for an appeals process; specifying
15	features and methods for implementation of alternate
16	assessment options for students with disabilities;
17	requiring the commissioner to establish a State
18	Accommodations Panel to review, consider, approve, or
19	disapprove new testing accommodations; providing duties of
20	the panel; providing that the commissioner shall require
21	school districts to be accountable for all students and to
22	provide certain remediation; providing requirements
23	relating to assessment scores; providing an effective
24	date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Paragraph (c) of subsection (3) of section
29	1008.22, Florida Statutes, is amended, and paragraphs (g) and
30	(h) are added to said subsection, to read:
31	1008.22 Student assessment program for public schools.--
32	(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
33	design and implement a statewide program of educational
34	assessment that provides information for the improvement of the
35	operation and management of the public schools, including
36	schools operating for the purpose of providing educational
37	services to youth in Department of Juvenile Justice programs.
38	Pursuant to the statewide assessment program, the commissioner
39	shall:
40	(c) Develop and implement a student achievement testing
41	program known as the Florida Comprehensive Assessment Test
42	(FCAT) as part of the statewide assessment program, to be
43	administered annually in grades 3 through 10 to measure reading,
44	writing, science, and mathematics. Other content areas may be
45	included as directed by the commissioner. The testing program
46	must be designed so that:
47	1. The tests measure student skills and competencies
48	adopted by the State Board of Education as specified in
49	paragraph (a). The tests must measure and reportstudent
50	proficiency levelsof all studentsin reading, writing,
51	mathematics, and science. The commissioner shall provide for the
52	tests to be developed or obtained, as appropriate, through
53	contracts and project agreements with private vendors, public
54	vendors, public agencies, postsecondary educational
55	institutions, or school districts. The commissioner shall obtain
56	input with respect to the design and implementation of the
57	testing program from stateregular and exceptional student
58	educators, assistive technology experts,and the public.
59	2. The testing program will include a combination of norm-
60	referenced and criterion-referenced tests and include, to the
61	extent determined by the commissioner, questions that require
62	the student to produce information or perform tasks in such a
63	way that the skills and competencies he or she uses can be
64	measured.
65	3. Each testing program, whether at the elementary,
66	middle, or high school level, includes a test of writing in
67	which students are required to produce writings that are then
68	scored by appropriateand timelymethods.
69	4. A score is designated for each subject area tested,
70	below which score a student's performance is deemed inadequate.
71	The school districts shall provide appropriate remedial
72	instruction to students who score below these levels.
73	5. Students must earn a passing score on the grade 10
74	assessment test described in this paragraph in reading, writing,
75	and mathematics to qualify for astandardregularhigh school
76	diploma. The State Board of Education shall designate a passing
77	score for each part of the grade 10 assessment test. In
78	establishing passing scores, the state board shall consider any
79	possible negative impact of the test on minority students. All
80	students who took the grade 10 FCAT during the 2000-2001 school
81	year shall be required to earn the passing scores in reading and
82	mathematics established by the State Board of Education for the
83	March 2001 test administration. Such students who did not earn
84	the established passing scores and must repeat the grade 10 FCAT
85	are required to earn the passing scores established for the
86	March 2001 test administration. All students who take the grade
87	10 FCAT for the first time in March 2002 and thereafter shall be
88	required to earn the passing scores in reading and mathematics
89	established by the State Board of Education for the March 2002
90	test administration. The State Board of Education shall adopt
91	rules which specify the passing scores for the grade 10 FCAT.
92	Any such rules, which have the effect of raising the required
93	passing scores, shall only apply to students taking the grade 10
94	FCAT after such rules are adopted by the State Board of
95	Education.
96	6. Participation in the testing program is mandatory for
97	all students attending public school, including students served
98	in Department of Juvenile Justice programs, except as otherwise
99	prescribed by the commissioner. If a student does not
100	participate in the statewide assessment, the district must
101	notify the student's parent and provide the parent with
102	information regarding the implications of such nonparticipation.
103	If modifications are made in the student's instruction to
104	providemodificationsaccommodationsthat would not be permitted
105	on the statewide assessment tests, the district must notify the
106	student's parent of the implications of such instructional
107	modifications. A parent must provide signed consent for a
108	student to receive instructional modifications that would not be
109	permitted on the statewideassessmentassessmentsand must
110	acknowledge in writing that he or she understands the
111	implications of suchmodificationsaccommodations. The State
112	Board of Education shall adopt rules, based upon recommendations
113	of the commissioner, for the provision of test accommodations
114	and modifications of procedures as necessary for students in
115	exceptional education programs and for students who have limited
116	English proficiency.Accommodations that negate the validity of
117	a statewide assessment are not allowable.
118	7. A student seeking an adult high school diploma must
119	meet the same testing requirements that a regular high school
120	student must meet.
121	8. District school boards must provide instruction to
122	prepare students to demonstrate proficiency in the skills and
123	competencies necessary for successful grade-to-grade progression
124	and high school graduation. If a student is provided with
125	accommodations or modifications that are not allowable in the
126	statewide assessment program, as described in the test manuals,
127	the district must inform the parent in writing and must provide
128	the parent with information regarding the impact on the
129	student's ability to meet expected proficiency levels in
130	reading, writing, and math. The commissioner shall conduct
131	studies as necessary to verify that the required skills and
132	competencies are part of the district instructional programs.
133	9. The Department of Education must develop, or select,
134	and implement a common battery of assessment tools that will be
135	used in all juvenile justice programs in the state. These tools
136	must accurately measure the skills and competencies established
137	in the Florida Sunshine State Standards.
138
139	The commissioner may design and implement student testing
140	programs, for any grade level and subject area, necessary to
141	effectivelymeasure educational achievements as established in
142	the Sunshine State Standardsmonitor educational achievement in
143	the state.Development and refinement shall include universal
144	design principles that will prevent any unintended obstacles for
145	students with disabilities. The field testing process and
146	psychometric analyses for the statewide assessment program
147	formats must include students with disabilities and an
148	evaluation or determination of the impact of test items on such
149	students.
150	(g)1. Expand the program to include multiple assessment
151	options leading to a standard high school diploma, including the
152	current version of the FCAT with a broad array of reasonable
153	accommodations and alternate assessment options for students
154	with disabilities to demonstrate their achievement of the skills
155	and competencies of the Sunshine State Standards. Alternate
156	assessment options, such as a portfolio assessment, juried
157	assessment, oral or capability-focused presentation or
158	demonstration, and web-based assessment, shall be developed by
159	the Department of Education to measure the same Sunshine State
160	Standard benchmarks measured by the FCAT.
161	a. School districts shall provide students with
162	disabilities any reasonable accommodation when taking the FCAT
163	or any alternate assessment within the statewide assessment
164	program that has been included as part of the student’s
165	individual education plan (IEP) or Section 504 plan and that
166	cannot be demonstrated by the State Accommodations Panel to
167	jeopardize the reliability, validity, or security of the FCAT
168	and that is routinely used in the classroom.
169	b. School districts shall be monitored to ensure that they
170	offer and implement testing modifications that are included
171	within student IEPs and Section 504 plans.
172	c. Only options and formats within the statewide
173	assessment program that are developed to be valid for measuring
174	assessment progress toward the benchmarks of the Sunshine State
175	Standards and that reliably measure the performance of students
176	with disabilities shall be administered to such students.
177	d. The scores of students with disabilities shall not be
178	singled out or flagged in the statewide assessment program
179	reporting process regardless of the assessment format used.
180	e. Statewide assessment development and selection of test
181	items shall include persons with disabilities, experts
182	knowledgeable about testing students in the various
183	disabilities, and persons knowledgeable about assistive
184	technology for students with disabilities.
185	f. A well-defined, well-communicated appeals process shall
186	be developed and implemented so that students with disabilities
187	may appeal certain issues and decisions, including, but not
188	limited to: denial of eligibility for an alternate assessment
189	leading to a standard or special high school diploma; type of
190	alternate assessment to be used; scoring process; disapproval of
191	testing accommodations; failure to implement an approved
192	accommodation; and use of FCAT scores for promotion.
193	g. All students with disabilities shall be included in all
194	school-level activities related to statewide assessment test
195	preparation and school-level remediation activities.
196	2. Provide for alternate assessment options that have the
197	following features and methods for implementation:
198	a. An alternate assessment must be a state uniform system
199	of assessing the achievement and progress of students with
200	disabilities in grades 3 through 10 for whom the FCAT, even with
201	expanded accommodations and formats, is not appropriate.
202	b. An alternate assessment leading to a standard diploma
203	must measure the same areas in reading, writing, science, and
204	mathematics in grade 10 as the FCAT measures.
205	c. An alternate assessment must be developed, field
206	tested, validated, and implemented by the State Board of
207	Education, following established guidelines and standards for
208	sound test development and administration.
209	d. An alternate assessment must have specific criteria for
210	what is addressed, how it is measured, observed, and documented,
211	and how it is scored. The State Board of Education shall
212	develop the scoring process and scoring rubrics appropriate to
213	each type of assessment, grade level, and content area,
214	including reading, writing, science, and mathematics. The State
215	Board of Education shall be responsible for scoring to ensure
216	consistency across all schools and districts.
217	e. Students who are eligible to participate in an
218	alternate assessment must be required to demonstrate the same
219	high levels of performance expected of other students for
220	student progression and to meet the requirements for graduation.
221	Scores on an alternate assessment that are comparable to
222	specific FCAT achievement levels for student progression in
223	grades 3 through 10 and for graduation shall be established by
224	the State Board of Education.
225	f. An alternate assessment must be evaluated by a method
226	that is equal to and indistinguishable from the system used for
227	the FCAT.
228	g. Students who participate in an alternate assessment
229	option within the statewide assessment program must be eligible
230	for all of the programs, services, and activities as students
231	who participate in the FCAT.
232	h. Specific student eligibility criteria shall be
233	established by the State Board of Education in collaboration
234	with a representative group of school district and school
235	educators. Once criteria are established, a student’s IEP team
236	or Section 504 team must determine if the student is eligible to
237	participate in the alternate assessment, and for which mode or
238	option.
239	i. School districts must inform IEP and Section 504 team
240	members, including parents, regarding alternate assessment
241	options within the statewide assessment program.
242	3. Establish a State Accommodations Panel to review,
243	consider, approve, or disapprove new testing accommodations
244	requested by an IEP team or 504 team through the school
245	districts. The State Accommodations Panel shall include a
246	parent, a state testing expert, a state exceptional student
247	education representative, a researcher, a teacher, an assistive
248	technology expert, and other area or content specialists
249	depending on the type of accommodation being considered by the
250	panel. The State Accommodations Panel shall:
251	a. Establish a timely process for decisionmaking,
252	including documentation for requesting and receiving approval or
253	disapproval for requested accommodations.
254	b. Approve assessment accommodations that are part of the
255	student’s IEP plan or 504 plan unless research-based evidence
256	demonstrates that the accommodation invalidates the score
257	interpretation.
258	c. Disseminate an annual update of approved and
259	disapproved testing accommodations to parents and school
260	districts using a variety of dissemination mechanisms.
261	d. Review annual reports required by the Department of
262	Education from school districts about reasonable accommodations
263	utilized for students with disabilities within the school
264	districts during any statewide assessment program component
265	administration.
266	e. Eliminate the discrepancy between accommodations
267	available to students in postsecondary education that are not
268	presently available during the statewide assessment program
269	administration.
270	(h) Require school districts to be accountable for the
271	academic progress of all students and to provide any necessary
272	remediation for students who do not meet grade-level benchmarks
273	relative to the Sunshine State Standards. Assessment scores for
274	all students with disabilities shall be included in the
275	reporting procedures as well as the accountability system of the
276	statewide assessment program.
277	Section 2. This act shall take effect July 1, 2003.
278