HB 0467 2003
1	CHAMBER ACTION
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6	The Committee on Education K-20 recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to public school student assessment;
12	amending s. 1003.43, F.S., relating to high school
13	graduation requirements; requiring district school boards
14	to provide certain instruction to limited English
15	proficient students; requiring the award of a standard
16	diploma to certain ESOL students who meet specified
17	criteria; amending s. 1008.22, F.S., relating to student
18	assessment for public schools; providing a cross
19	reference; providing for alternate assessments for the
20	grade 10 FCAT; providing an effective date.
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22	Be It Enacted by the Legislature of the State of Florida:
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24	Section 1. Subsections (11) and (12) of section 1003.43,
25	Florida Statutes, are renumbered as subsections (12) and (13),
26	respectively, and a new subsection (11) is added to said section
27	to read:
28	1003.43 General requirements for high school graduation.--
29	(11)(a) Each district school board must provide
30	instruction to prepare limited English proficient students to
31	demonstrate proficiency in the skills and competencies necessary
32	for successful grade-to-grade progression and high school
33	graduation.
34	(b) A student who has been enrolled in an ESOL program for
35	less than 2 school years shall have the FCAT requirement of
36	paragraph (5)(a) waived for the purpose of receiving a standard
37	high school diploma, if the student:
38	1. Has a cumulative grade point average of 2.5 or above,
39	on a 4.0 scale.
40	2. Does not meet the requirements of paragraph (5)(a)
41	after one opportunity and will not have another opportunity to
42	participate in the FCAT prior to the end of grade 12.
43	Section 2. Paragraph (c) of subsection (3) of section
44	1008.22, Florida Statutes, is amended, subsection (9) is
45	renumbered as subsection (10), and a new subsection (9) is added
46	to said section, to read:
47	1008.22 Student assessment program for public schools.--
48	(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
49	design and implement a statewide program of educational
50	assessment that provides information for the improvement of the
51	operation and management of the public schools, including
52	schools operating for the purpose of providing educational
53	services to youth in Department of Juvenile Justice programs.
54	Pursuant to the statewide assessment program, the commissioner
55	shall:
56	(c) Develop and implement a student achievement testing
57	program known as the Florida Comprehensive Assessment Test
58	(FCAT) as part of the statewide assessment program, to be
59	administered annually in grades 3 through 10 to measure reading,
60	writing, science, and mathematics. Other content areas may be
61	included as directed by the commissioner. The testing program
62	must be designed so that:
63	1. The tests measure student skills and competencies
64	adopted by the State Board of Education as specified in
65	paragraph (a). The tests must measure and report student
66	proficiency levels in reading, writing, mathematics, and
67	science. The commissioner shall provide for the tests to be
68	developed or obtained, as appropriate, through contracts and
69	project agreements with private vendors, public vendors, public
70	agencies, postsecondary educational institutions, or school
71	districts. The commissioner shall obtain input with respect to
72	the design and implementation of the testing program from state
73	educators and the public.
74	2. The testing program will include a combination of norm-
75	referenced and criterion-referenced tests and include, to the
76	extent determined by the commissioner, questions that require
77	the student to produce information or perform tasks in such a
78	way that the skills and competencies he or she uses can be
79	measured.
80	3. Each testing program, whether at the elementary,
81	middle, or high school level, includes a test of writing in
82	which students are required to produce writings that are then
83	scored by appropriate methods.
84	4. A score is designated for each subject area tested,
85	below which score a student's performance is deemed inadequate.
86	The school districts shall provide appropriate remedial
87	instruction to students who score below these levels.
88	5. Except as provided in s. 1003.43(11)(b),students must
89	earn a passing score on the grade 10 assessment test described
90	in this paragraph or on an alternate assessment as described in
91	subsection (9)in reading, writing, and mathematics to qualify
92	for a regular high school diploma. The State Board of Education
93	shall designate a passing score for each part of the grade 10
94	assessment test. In establishing passing scores, the state board
95	shall consider any possible negative impact of the test on
96	minority students. All students who took the grade 10 FCAT
97	during the 2000-2001 school year shall be required to earn the
98	passing scores in reading and mathematics established by the
99	State Board of Education for the March 2001 test administration.
100	Such students who did not earn the established passing scores
101	and must repeat the grade 10 FCAT are required to earn the
102	passing scores established for the March 2001 test
103	administration. All students who take the grade 10 FCAT for the
104	first time in March 2002 and thereafter shall be required to
105	earn the passing scores in reading and mathematics established
106	by the State Board of Education for the March 2002 test
107	administration. The State Board of Education shall adopt rules
108	which specify the passing scores for the grade 10 FCAT. Any
109	such rules, which have the effect of raising the required
110	passing scores, shall only apply to students taking the grade 10
111	FCAT after such rules are adopted by the State Board of
112	Education.
113	6. Participation in the testing program is mandatory for
114	all students attending public school, including students served
115	in Department of Juvenile Justice programs, except as otherwise
116	prescribed by the commissioner. If a student does not
117	participate in the statewide assessment, the district must
118	notify the student's parent and provide the parent with
119	information regarding the implications of such nonparticipation.
120	If modifications are made in the student's instruction to
121	provide accommodations that would not be permitted on the
122	statewide assessment tests, the district must notify the
123	student's parent of the implications of such instructional
124	modifications. A parent must provide signed consent for a
125	student to receive instructional modifications that would not be
126	permitted on the statewide assessments and must acknowledge in
127	writing that he or she understands the implications of such
128	accommodations. The State Board of Education shall adopt rules,
129	based upon recommendations of the commissioner, for the
130	provision of test accommodations and modifications of procedures
131	as necessary for students in exceptional education programs and
132	for students who have limited English proficiency.
133	Accommodations that negate the validity of a statewide
134	assessment are not allowable.
135	7. A student seeking an adult high school diploma must
136	meet the same testing requirements that a regular high school
137	student must meet.
138	8. District school boards must provide instruction to
139	prepare students to demonstrate proficiency in the skills and
140	competencies necessary for successful grade-to-grade progression
141	and high school graduation. If a student is provided with
142	accommodations or modifications that are not allowable in the
143	statewide assessment program, as described in the test manuals,
144	the district must inform the parent in writing and must provide
145	the parent with information regarding the impact on the
146	student's ability to meet expected proficiency levels in
147	reading, writing, and math. The commissioner shall conduct
148	studies as necessary to verify that the required skills and
149	competencies are part of the district instructional programs.
150	9. The Department of Education must develop, or select,
151	and implement a common battery of assessment tools that will be
152	used in all juvenile justice programs in the state. These tools
153	must accurately measure the skills and competencies established
154	in the Florida Sunshine State Standards.
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156	The commissioner may design and implement student testing
157	programs, for any grade level and subject area, necessary to
158	effectively monitor educational achievement in the state.
159	(9) ALTERNATE ASSESSMENTS.--The State Board of Education
160	shall study the comparable validity of other available
161	standardized tests, including the SAT, ACT, College Placement
162	Test, and tests used for entry into the military. If such tests
163	are deemed to be valid and reliable measures, the State Board of
164	Education shall adopt scores on such tests that will equate to
165	the FCAT passing rate for purposes of high school graduation. If
166	no existing standardized assessment is deemed to be a valid and
167	reliable measure, the State Board of Education may initiate the
168	development of a valid and reliable alternate assessment.
169	Students who attain scores that equate to the FCAT passing rate
170	for purposes of high school graduation on one of the approved
171	tests shall satisfy the assessment requirement for a standard
172	high school diploma as provided in s. 1003.43(5)(a).
173	Section 3. This act shall take effect upon becoming a law.
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