Senate Bill sb2280
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Florida Senate - 2005 SB 2280
By Senator Siplin
19-822B-05 See HB 379
1 A bill to be entitled
2 An act relating to student assessment
3 instruments; amending s. 1008.23, F.S.;
4 authorizing a student's parent and the student
5 to review the questions and the student's
6 answers to questions on the
7 criterion-referenced portion of the Florida
8 Comprehensive Assessment Test; providing
9 restrictions on the review; requiring the
10 Department of Education to honor requests
11 within a certain time period; requiring that
12 district school boards notify eligible parents;
13 requiring the State Board of Education to adopt
14 rules; authorizing reasonable attorney's fees
15 and costs under certain circumstances; amending
16 s. 1003.433, F.S.; revising requirements for
17 receipt of a standard high school diploma for
18 certain transfer students; providing an
19 effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Section 1008.23, Florida Statutes, is
24 amended to read:
25 1008.23 Confidentiality of assessment instruments.--
26 (1) All examination and assessment instruments,
27 including developmental materials and workpapers directly
28 related thereto, which are prepared, prescribed, or
29 administered pursuant to ss. 1003.43, 1008.22, and 1008.25
30 shall be confidential and exempt from the provisions of s.
31 119.07(1) and from s. 1001.52. Provisions governing access,
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Florida Senate - 2005 SB 2280
19-822B-05 See HB 379
1 maintenance, and destruction of such instruments and related
2 materials shall be prescribed by rules of the State Board of
3 Education.
4 (2) Notwithstanding subsection (1), a student's
5 parent, accompanied by the student, may review, at the school
6 at which the student was enrolled when the student was
7 administered the Florida Comprehensive Assessment Test, the
8 questions on each section of the criterion-referenced portion
9 of the Florida Comprehensive Assessment Test, as well as the
10 student's answers to those questions, under the following
11 conditions:
12 (a) The student must have failed to earn a passing
13 score on the grade 10 Florida Comprehensive Assessment Test or
14 failed to score at Level 2 or higher on the Florida
15 Comprehensive Assessment Test in reading for grade 3.
16 (b) No recording or copying of the assessment may be
17 made.
18 (c) A school administrator, as defined in s.
19 1012.01(3)(c), or a representative of the Department of
20 Education must be present at all times when the assessment is
21 reviewed.
22 (d) The student or student's parent may not review the
23 assessment more than one time.
24 (e) No other individual is authorized to attend the
25 review.
26 (f) The assessment was not administered to the student
27 more than 2 years before the review.
28 (g) The student or student's parent may not remove the
29 assessment from the reviewing location.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2280
19-822B-05 See HB 379
1 (h) The student, the student's parent, the school
2 administrator, or the department representative may not take
3 any notes during the review.
4 (i) The parent must request the review within 14 days
5 after receipt of the student's score.
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7 The Department of Education shall provide for review of the
8 assessment questions and the student's answers to the
9 questions within 30 days after receiving the request for
10 review. Each district school board shall notify eligible
11 parents of the review option and the procedures for the
12 review. The State Board of Education shall adopt rules
13 pursuant to ss. 120.536(1) and 120.54 to administer this
14 subsection. If the review request is not met in accordance
15 with this subsection, the parent is entitled to reasonable
16 attorney's fees and costs incurred by the parent in obtaining
17 compliance with this subsection.
18 Section 2. Subsection (1) of section 1003.433, Florida
19 Statutes, is amended to read:
20 1003.433 Learning opportunities for out-of-state and
21 out-of-country transfer students and students needing
22 additional instruction to meet high school graduation
23 requirements.--
24 (1) Students who enter a Florida public school at the
25 eleventh or twelfth grade from out of state or from a foreign
26 country shall not be required to spend additional time in a
27 Florida public school in order to meet the high school course
28 requirements if the student has met all requirements of the
29 school district, state, or country from which he or she is
30 transferring. Such students who are not proficient in English
31 should receive immediate and intensive instruction in English
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2280
19-822B-05 See HB 379
1 language acquisition. However, to receive a standard high
2 school diploma, a transfer student must earn a 2.0 grade point
3 average and pass the grade 10 FCAT required in s. 1008.22(3)
4 or an alternate assessment as described in s. 1008.22(9).
5 Beginning with the 2005-2006 school year, to receive a
6 standard high school diploma, a transfer student who is in the
7 eleventh grade at the time of the transfer must earn a 2.0
8 grade point average and must pass the grade 10 FCAT required
9 in s. 1008.22(3), and a transfer student who is in the twelfth
10 grade at the time of the transfer must earn a 2.0 grade point
11 average and must earn scores on the SAT or the ACT that equate
12 to the passing scores on the grade 10 FCAT.
13 Section 3. This act shall take effect July 1, 2005.
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