Senate Bill sb2434

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    Florida Senate - 2004                                  SB 2434

    By Senator Crist





    12-1269-04

  1                      A bill to be entitled

  2         An act relating to the Florida Comprehensive

  3         Assessment Test; amending s. 1008.22, F.S.;

  4         prohibiting the administration of the FCAT

  5         during the first week of a regular legislative

  6         session; providing an effective date.

  7  

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

  9  

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

11  1008.22, Florida Statutes, is amended to read:

12         1008.22  Student assessment program for public

13  schools.--

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

15  shall design and implement a statewide program of educational

16  assessment that provides information for the improvement of

17  the operation and management of the public schools, including

18  schools operating for the purpose of providing educational

19  services to youth in Department of Juvenile Justice programs.

20  Pursuant to the statewide assessment program, the commissioner

21  shall:

22         (c)  Develop and implement a student achievement

23  testing program known as the Florida Comprehensive Assessment

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

25  administered annually in grades 3 through 10 to measure

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

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

28  FCAT may not be administered during the first week of a

29  regular legislative session. The testing program must be

30  designed so that:

31  

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    Florida Senate - 2004                                  SB 2434
    12-1269-04




 1         1.  The tests measure student skills and competencies

 2  adopted by the State Board of Education as specified in

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

 4  proficiency levels in reading, writing, mathematics, and

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

 6  developed or obtained, as appropriate, through contracts and

 7  project agreements with private vendors, public vendors,

 8  public agencies, postsecondary educational institutions, or

 9  school districts. The commissioner shall obtain input with

10  respect to the design and implementation of the testing

11  program from state educators and the public.

12         2.  The testing program will include a combination of

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

14  the extent determined by the commissioner, questions that

15  require the student to produce information or perform tasks in

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

17  be measured.

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

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

20  which students are required to produce writings that are then

21  scored by appropriate methods.

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

23  below which score a student's performance is deemed

24  inadequate. The school districts shall provide appropriate

25  remedial instruction to students who score below these levels.

26         5.  Except as provided in s. 1003.43(11)(b), students

27  must earn a passing score on the grade 10 assessment test

28  described in this paragraph or on an alternate assessment as

29  described in subsection (9) in reading, writing, and

30  mathematics to qualify for a regular high school diploma. The

31  State Board of Education shall designate a passing score for

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    Florida Senate - 2004                                  SB 2434
    12-1269-04




 1  each part of the grade 10 assessment test. In establishing

 2  passing scores, the state board shall consider any possible

 3  negative impact of the test on minority students. All students

 4  who took the grade 10 FCAT during the 2000-2001 school year

 5  shall be required to earn the passing scores in reading and

 6  mathematics established by the State Board of Education for

 7  the March 2001 test administration. Such students who did not

 8  earn the established passing scores and must repeat the grade

 9  10 FCAT are required to earn the passing scores established

10  for the March 2001 test administration. All students who take

11  the grade 10 FCAT for the first time in March 2002 and

12  thereafter shall be required to earn the passing scores in

13  reading and mathematics established by the State Board of

14  Education for the March 2002 test administration. The State

15  Board of Education shall adopt rules which specify the passing

16  scores for the grade 10 FCAT. Any such rules, which have the

17  effect of raising the required passing scores, shall only

18  apply to students taking the grade 10 FCAT after such rules

19  are adopted by the State Board of Education.

20         6.  Participation in the testing program is mandatory

21  for all students attending public school, including students

22  served in Department of Juvenile Justice programs, except as

23  otherwise prescribed by the commissioner. If a student does

24  not participate in the statewide assessment, the district must

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

26  information regarding the implications of such

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

28  instruction to provide accommodations that would not be

29  permitted on the statewide assessment tests, the district must

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

31  instructional modifications. A parent must provide signed

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    Florida Senate - 2004                                  SB 2434
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 1  consent for a student to receive instructional modifications

 2  that would not be permitted on the statewide assessments and

 3  must acknowledge in writing that he or she understands the

 4  implications of such accommodations. The State Board of

 5  Education shall adopt rules, based upon recommendations of the

 6  commissioner, for the provision of test accommodations and

 7  modifications of procedures as necessary for students in

 8  exceptional education programs and for students who have

 9  limited English proficiency. Accommodations that negate the

10  validity of a statewide assessment are not allowable.

11         7.  A student seeking an adult high school diploma must

12  meet the same testing requirements that a regular high school

13  student must meet.

14         8.  District school boards must provide instruction to

15  prepare students to demonstrate proficiency in the skills and

16  competencies necessary for successful grade-to-grade

17  progression and high school graduation. If a student is

18  provided with accommodations or modifications that are not

19  allowable in the statewide assessment program, as described in

20  the test manuals, the district must inform the parent in

21  writing and must provide the parent with information regarding

22  the impact on the student's ability to meet expected

23  proficiency levels in reading, writing, and math. The

24  commissioner shall conduct studies as necessary to verify that

25  the required skills and competencies are part of the district

26  instructional programs.

27         9.  The Department of Education must develop, or

28  select, and implement a common battery of assessment tools

29  that will be used in all juvenile justice programs in the

30  state. These tools must accurately measure the skills and

31  

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    Florida Senate - 2004                                  SB 2434
    12-1269-04




 1  competencies established in the Florida Sunshine State

 2  Standards.

 3  

 4  The commissioner may design and implement student testing

 5  programs, for any grade level and subject area, necessary to

 6  effectively monitor educational achievement in the state.

 7         Section 2.  This act shall take effect July 1, 2004.

 8  

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10                          SENATE SUMMARY

11    Prohibits administering the Florida Comprehensive
      Assessment Test (FCAT) during the first week of a regular
12    legislative session.

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