Senate Bill sb2546

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2546

    By Senator Diaz de la Portilla





    36-1808-03                                          See HB 467

  1                      A bill to be entitled

  2         An act relating to public school student

  3         assessment; amending s. 1008.22, F.S.;

  4         authorizing certain students to take the grade

  5         10 FCAT in their native language under certain

  6         circumstances; providing an effective date.

  7  

  8         WHEREAS, the Legislature finds that there are a

  9  significant number of twelfth grade students in Florida who

10  have recently arrived in the United States and have not had

11  the opportunity to become sufficiently competent in the use of

12  the English language to enable them to demonstrate proficiency

13  in the statewide assessment program, and

14         WHEREAS, it is the intent of the Legislature to permit

15  such students to demonstrate competence in the performance

16  measures of the grade 10 FCAT in their native language, NOW,

17  THEREFORE,

18  

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

20  

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

22  1008.22, Florida Statutes, is amended to read:

23         1008.22  Student assessment program for public

24  schools.--

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

26  shall design and implement a statewide program of educational

27  assessment that provides information for the improvement of

28  the operation and management of the public schools, including

29  schools operating for the purpose of providing educational

30  services to youth in Department of Juvenile Justice programs.

31  

                                  1

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






    Florida Senate - 2003                                  SB 2546
    36-1808-03                                          See HB 467




 1  Pursuant to the statewide assessment program, the commissioner

 2  shall:

 3         (c)  Develop and implement a student achievement

 4  testing program known as the Florida Comprehensive Assessment

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

 6  administered annually in grades 3 through 10 to measure

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

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

 9  testing program must be designed so that:

10         1.  The tests measure student skills and competencies

11  adopted by the State Board of Education as specified in

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

13  proficiency levels in reading, writing, mathematics, and

14  science. The commissioner shall provide for the tests to be

15  developed or obtained, as appropriate, through contracts and

16  project agreements with private vendors, public vendors,

17  public agencies, postsecondary educational institutions, or

18  school districts. The commissioner shall obtain input with

19  respect to the design and implementation of the testing

20  program from state educators and the public.

21         2.  The testing program will include a combination of

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

23  the extent determined by the commissioner, questions that

24  require the student to produce information or perform tasks in

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

26  be measured.

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

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

29  which students are required to produce writings that are then

30  scored by appropriate methods.

31  

                                  2

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






    Florida Senate - 2003                                  SB 2546
    36-1808-03                                          See HB 467




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

 2  below which score a student's performance is deemed

 3  inadequate. The school districts shall provide appropriate

 4  remedial instruction to students who score below these levels.

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

 6  10 assessment test described in this paragraph in reading,

 7  writing, and mathematics to qualify for a regular high school

 8  diploma. The State Board of Education shall designate a

 9  passing score for each part of the grade 10 assessment test.

10  In establishing passing scores, the state board shall consider

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

12  All students who took the grade 10 FCAT during the 2000-2001

13  school year shall be required to earn the passing scores in

14  reading and mathematics established by the State Board of

15  Education for the March 2001 test administration. Such

16  students who did not earn the established passing scores and

17  must repeat the grade 10 FCAT are required to earn the passing

18  scores established for the March 2001 test administration. All

19  students who take the grade 10 FCAT for the first time in

20  March 2002 and thereafter shall be required to earn the

21  passing scores in reading and mathematics established by the

22  State Board of Education for the March 2002 test

23  administration. The State Board of Education shall adopt rules

24  which specify the passing scores for the grade 10 FCAT. Any

25  such rules, which have the effect of raising the required

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

27  10 FCAT after such rules are adopted by the State Board of

28  Education.

29         b.  A student in grade 12 who is enrolled in the ESOL

30  program and has arrived in the United States within 1 year

31  prior to taking the grade 10 FCAT for the first time is

                                  3

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






    Florida Senate - 2003                                  SB 2546
    36-1808-03                                          See HB 467




 1  eligible to take the grade 10 FCAT in his or her native

 2  language one time if he or she does not earn the established

 3  passing scores when taking the FCAT in English. If such

 4  student is unable to achieve the established passing scores

 5  for the grade 10 FCAT when taken in his or her native

 6  language, the student must subsequently take the grade 10 FCAT

 7  in English. The Commissioner of Education shall implement the

 8  provisions of this sub-subparagraph allowing school districts

 9  to make appropriate accommodations and adjustments, including

10  establishing time requirements, where unusual situations

11  exist.

12         6.  Participation in the testing program is mandatory

13  for all students attending public school, including students

14  served in Department of Juvenile Justice programs, except as

15  otherwise prescribed by the commissioner. If a student does

16  not participate in the statewide assessment, the district must

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

18  information regarding the implications of such

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

20  instruction to provide accommodations that would not be

21  permitted on the statewide assessment tests, the district must

22  notify the student's parent of the implications of such

23  instructional modifications. A parent must provide signed

24  consent for a student to receive instructional modifications

25  that would not be permitted on the statewide assessments and

26  must acknowledge in writing that he or she understands the

27  implications of such accommodations. The State Board of

28  Education shall adopt rules, based upon recommendations of the

29  commissioner, for the provision of test accommodations and

30  modifications of procedures as necessary for students in

31  exceptional education programs and for students who have

                                  4

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






    Florida Senate - 2003                                  SB 2546
    36-1808-03                                          See HB 467




 1  limited English proficiency. Accommodations that negate the

 2  validity of a 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 monitor educational achievement in the state.

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

30  

31  

                                  5

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