HB 0467 2003
1	A bill to be entitled
2	An act relating to public school student assessment;
3	amending s. 1008.22, F.S.; authorizing certain students to
4	take the grade 10 FCAT in their native language under
5	certain circumstances; providing an effective date.
6
7	WHEREAS, the Legislature finds that there are a significant
8	number of twelfth grade students in Florida who have recently
9	arrived in the United States and have not had the opportunity to
10	become sufficiently competent in the use of the English language
11	to enable them to demonstrate proficiency in the statewide
12	assessment program, and
13	WHEREAS, it is the intent of the Legislature to permit such
14	students to demonstrate competence in the performance measures
15	of the grade 10 FCAT in their native language, NOW, THEREFORE,
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Paragraph (c) of subsection (3) of section
20	1008.22, Florida Statutes, is amended to read:
21	1008.22 Student assessment program for public schools.--
22	(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
23	design and implement a statewide program of educational
24	assessment that provides information for the improvement of the
25	operation and management of the public schools, including
26	schools operating for the purpose of providing educational
27	services to youth in Department of Juvenile Justice programs.
28	Pursuant to the statewide assessment program, the commissioner
29	shall:
30	(c) Develop and implement a student achievement testing
31	program known as the Florida Comprehensive Assessment Test
32	(FCAT) as part of the statewide assessment program, to be
33	administered annually in grades 3 through 10 to measure reading,
34	writing, science, and mathematics. Other content areas may be
35	included as directed by the commissioner. The testing program
36	must be designed so that:
37	1. The tests measure student skills and competencies
38	adopted by the State Board of Education as specified in
39	paragraph (a). The tests must measure and report student
40	proficiency levels in reading, writing, mathematics, and
41	science. The commissioner shall provide for the tests to be
42	developed or obtained, as appropriate, through contracts and
43	project agreements with private vendors, public vendors, public
44	agencies, postsecondary educational institutions, or school
45	districts. The commissioner shall obtain input with respect to
46	the design and implementation of the testing program from state
47	educators and the public.
48	2. The testing program will include a combination of norm-
49	referenced and criterion-referenced tests and include, to the
50	extent determined by the commissioner, questions that require
51	the student to produce information or perform tasks in such a
52	way that the skills and competencies he or she uses can be
53	measured.
54	3. Each testing program, whether at the elementary,
55	middle, or high school level, includes a test of writing in
56	which students are required to produce writings that are then
57	scored by appropriate methods.
58	4. A score is designated for each subject area tested,
59	below which score a student's performance is deemed inadequate.
60	The school districts shall provide appropriate remedial
61	instruction to students who score below these levels.
62	5.a.Students must earn a passing score on the grade 10
63	assessment test described in this paragraph in reading, writing,
64	and mathematics to qualify for a regular high school diploma.
65	The State Board of Education shall designate a passing score for
66	each part of the grade 10 assessment test. In establishing
67	passing scores, the state board shall consider any possible
68	negative impact of the test on minority students. All students
69	who took the grade 10 FCAT during the 2000-2001 school year
70	shall be required to earn the passing scores in reading and
71	mathematics established by the State Board of Education for the
72	March 2001 test administration. Such students who did not earn
73	the established passing scores and must repeat the grade 10 FCAT
74	are required to earn the passing scores established for the
75	March 2001 test administration. All students who take the grade
76	10 FCAT for the first time in March 2002 and thereafter shall be
77	required to earn the passing scores in reading and mathematics
78	established by the State Board of Education for the March 2002
79	test administration. The State Board of Education shall adopt
80	rules which specify the passing scores for the grade 10 FCAT.
81	Any such rules, which have the effect of raising the required
82	passing scores, shall only apply to students taking the grade 10
83	FCAT after such rules are adopted by the State Board of
84	Education.
85	b. A student in grade 12 who is enrolled in the ESOL
86	program and has arrived in the United States within 1 year prior
87	to taking the grade 10 FCAT for the first time is eligible to
88	take the grade 10 FCAT in his or her native language one time if
89	he or she does not earn the established passing scores when
90	taking the FCAT in English. If such student is unable to achieve
91	the established passing scores for the grade 10 FCAT when taken
92	in his or her native language, the student must subsequently
93	take the grade 10 FCAT in English. The Commissioner of Education
94	shall implement the provisions of this sub-subparagraph allowing
95	school districts to make appropriate accommodations and
96	adjustments, including establishing time requirements, where
97	unusual situations exist.
98	6. Participation in the testing program is mandatory for
99	all students attending public school, including students served
100	in Department of Juvenile Justice programs, except as otherwise
101	prescribed by the commissioner. If a student does not
102	participate in the statewide assessment, the district must
103	notify the student's parent and provide the parent with
104	information regarding the implications of such nonparticipation.
105	If modifications are made in the student's instruction to
106	provide accommodations that would not be permitted on the
107	statewide assessment tests, the district must notify the
108	student's parent of the implications of such instructional
109	modifications. A parent must provide signed consent for a
110	student to receive instructional modifications that would not be
111	permitted on the statewide assessments and must acknowledge in
112	writing that he or she understands the implications of such
113	accommodations. The State Board of Education shall adopt rules,
114	based upon recommendations of the commissioner, for the
115	provision of test accommodations and modifications of procedures
116	as necessary for students in exceptional education programs and
117	for students who have limited English proficiency.
118	Accommodations that negate the validity of a statewide
119	assessment are not allowable.
120	7. A student seeking an adult high school diploma must
121	meet the same testing requirements that a regular high school
122	student must meet.
123	8. District school boards must provide instruction to
124	prepare students to demonstrate proficiency in the skills and
125	competencies necessary for successful grade-to-grade progression
126	and high school graduation. If a student is provided with
127	accommodations or modifications that are not allowable in the
128	statewide assessment program, as described in the test manuals,
129	the district must inform the parent in writing and must provide
130	the parent with information regarding the impact on the
131	student's ability to meet expected proficiency levels in
132	reading, writing, and math. The commissioner shall conduct
133	studies as necessary to verify that the required skills and
134	competencies are part of the district instructional programs.
135	9. The Department of Education must develop, or select,
136	and implement a common battery of assessment tools that will be
137	used in all juvenile justice programs in the state. These tools
138	must accurately measure the skills and competencies established
139	in the Florida Sunshine State Standards.
140
141	The commissioner may design and implement student testing
142	programs, for any grade level and subject area, necessary to
143	effectively monitor educational achievement in the state.
144	Section 2. This act shall take effect July 1, 2003.