SENATE AMENDMENT
    Bill No. CS for CS for SB 354
    Amendment No. ___   Barcode 474122
                            CHAMBER ACTION
              Senate                               House
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       04/28/2004 05:55 PM         .                    
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11  Senator Siplin moved the following amendment to amendment
12  (241868):
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14         Senate Amendment (with title amendment) 
15         On page 45, lines 14 and 15, delete those lines
16  
17  and insert:  
18         Section 32.  Section 1008.23, Florida Statutes, is
19  amended to read:
20         1008.23  Confidentiality of assessment
21  instruments.--All examination and assessment instruments,
22  including developmental materials and workpapers directly
23  related thereto, which are prepared, prescribed, or
24  administered pursuant to ss. 1003.43, 1008.22, and 1008.25
25  shall be confidential and exempt from the provisions of s.
26  119.07(1) and from s. 1001.52. Provisions governing access,
27  maintenance, and destruction of such instruments and related
28  materials shall be prescribed by rules of the State Board of
29  Education. However, a student's parent, accompanied by the
30  student, may review, at the student's school at which the
31  student was enrolled when the student was administered the
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    4:47 PM   04/28/04                              s0354c2c-191ab

SENATE AMENDMENT Bill No. CS for CS for SB 354 Amendment No. ___ Barcode 474122 1 Florida Comprehensive Assessment Test, the questions on each 2 section of the criterion-referenced portion of the Florida 3 Comprehensive Assessment Test as well as the student's answers 4 to those questions, under the following conditions: 5 (1) The student must have failed to earn a passing 6 score on the grade 10 Florida Comprehensive Assessment Test or 7 failed to score at Level 2 or higher on the Florida 8 Comprehensive Assessment Test in reading for grade 3. 9 (2) No recording or copying of the assessment may be 10 made. 11 (3) A school administrator, as defined in s. 12 1012.01(3)(c), or a representative of the Department of 13 Education must be present at all times when the assessment is 14 reviewed. 15 (4) The student or student's parent may not review the 16 assessment more than one time. 17 (5) No other individual is authorized to attend the 18 review. 19 (6) The assessment was not administered to the student 20 more than 2 years before the review. 21 (7) The student or student's parent may not remove the 22 assessment from the reviewing location. 23 (8) The student, the student's parent, or the school 24 administrator may not take any notes during the review. 25 (9) The parent requests the review subsequent to the 26 determination of the student's score and within 14 days 27 following the determination of the student's score. 28 29 The Department of Education shall ensure that the assessment 30 questions and the student's answers are provided for the 31 requested review within 30 days following the complete scoring 2 4:47 PM 04/28/04 s0354c2c-191ab
SENATE AMENDMENT Bill No. CS for CS for SB 354 Amendment No. ___ Barcode 474122 1 of the assessment upon proper request by the parent. The 2 district school boards shall notify eligible parents of the 3 review option and the procedures for the review. The State 4 Board of Education shall adopt rules pursuant to ss. 5 120.536(1) and 120.54 to administer this section. If the 6 review request is not met in accordance with this section, the 7 parent is entitled to reasonable attorney's fees and costs 8 incurred by the parent in obtaining compliance with this 9 section. 10 Section 33. Subsection (9) of section 1008.22, Florida 11 Statutes, is amended to read: 12 1008.22 Student assessment program for public 13 schools.-- 14 (9) EQUIVALENCIES FOR STANDARDIZED TESTS.-- 15 (a) The Commissioner of Education shall determine the 16 comparable validity of other available standardized tests, 17 including the SAT, ACT, College Placement Test, PSAT, PLAN, 18 and tests used for entry into the military. If such tests are 19 deemed to be valid and reliable measures, the commissioner 20 shall approve the use of the SAT and ACT such tests as 21 alternative alternate assessments to the grade 10 FCAT for the 22 2003-2004 2002-2003 school year. Students who attain scores on 23 the SAT or ACT which that equate to the passing scores on the 24 grade 10 FCAT for purposes of high school graduation on any of 25 the approved alternative assessments shall satisfy the 26 assessment requirement for a standard high school diploma as 27 provided in s. 1003.43(5)(a) for the 2003-2004 2002-2003 28 school year graduating class if the students meet the 29 requirement in paragraph (b). Prior to the application of 30 these alternative assessments in subsequent school years, the 31 Legislature shall review the continued use of these 3 4:47 PM 04/28/04 s0354c2c-191ab
SENATE AMENDMENT Bill No. CS for CS for SB 354 Amendment No. ___ Barcode 474122 1 alternative tests. 2 (b) A student must take the grade 10 FCAT for a total 3 of three times without earning a passing score in order to use 4 the scores on the alternative assessments in paragraph (a). 5 Section 34. Subsection (1) of section 1003.433, 6 Florida Statutes, is amended to read: 7 1003.433 Learning opportunities for out-of-state and 8 out-of-country transfer students and students needing 9 additional instruction to meet high school graduation 10 requirements.-- 11 (1) Students who enter a Florida public school at the 12 eleventh or twelfth grade from out of state or from a foreign 13 country shall not be required to spend additional time in a 14 Florida public school in order to meet the high school course 15 requirements if the student has met all requirements of the 16 school district, state, or country from which he or she is 17 transferring. Such students who are not proficient in English 18 should receive immediate and intensive instruction in English 19 language acquisition. However, to receive a standard high 20 school diploma, a transfer student must: 21 (a) Earn a 2.0 grade point average; and 22 (b) Pass the grade 10 FCAT required in s. 1008.22(3), 23 if the student is an eleventh grade student; or 24 (c) Beginning in the 2004-2005 school year, attain 25 scores on the SAT or ACT which equate to the passing scores on 26 the grade 10 FCAT, if the student is a twelfth grade student 27 an alternate assessment as described in s. 1008.22(9). 28 Section 35. Section 1008.301, Florida Statutes, as 29 created by section 2 of chapter 2003-80, Laws of Florida, is 30 repealed. 31 Section 36. Except as otherwise expressly provided in 4 4:47 PM 04/28/04 s0354c2c-191ab
SENATE AMENDMENT Bill No. CS for CS for SB 354 Amendment No. ___ Barcode 474122 1 this act, this act shall take effect upon becoming a law, 2 except that section 32 of this act shall take effect July 1, 3 2004, and shall apply to each Florida Comprehensive Assessment 4 Test administered after July 1, 2004. 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 On page 50, line 26, after the semicolon 10 11 insert: 12 amending s. 1008.23, F.S.; authorizing a 13 student's parent and the accompanying student 14 to review the questions and the student's 15 answers to those questions on the 16 criterion-referenced portion of the Florida 17 Comprehensive Assessment Test; providing 18 restrictions on the review; requiring the 19 Department of Education to honor the requests 20 within a certain time period; requiring that 21 district school boards notify eligible parents; 22 requiring the State Board of Education to adopt 23 rules; authorizing reasonable attorney's fees 24 and costs under certain circumstances; amending 25 s. 1008.22, F.S.; delaying the date by which 26 the Commissioner of Education must approve the 27 use of specified standardized tests as an 28 alternative to the grade 10 Florida 29 Comprehensive Assessment Test (FCAT); allowing 30 passage of the alternative tests to satisfy the 31 assessment requirement for students graduating 5 4:47 PM 04/28/04 s0354c2c-191ab
SENATE AMENDMENT Bill No. CS for CS for SB 354 Amendment No. ___ Barcode 474122 1 from high school in the 2003-2004 school year, 2 subject to certain conditions; amending s. 3 1003.433, F.S.; allowing passage of alternate 4 assessments in lieu of the grade 10 FCAT for 5 certain transfer students subject to certain 6 conditions beginning in the 2004-2005 school 7 year; repealing s. 1008.301, F.S., relating to 8 concordance studies by the State Board of 9 Education; providing for applicability; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 4:47 PM 04/28/04 s0354c2c-191ab