Senate Bill sb2366

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    Florida Senate - 2005                                  SB 2366

    By Senator Argenziano





    3-1587-05                                               See HB

  1                      A bill to be entitled

  2         An act relating to students with disabilities;

  3         amending s. 1003.43, F.S.; providing additional

  4         options through which a student with

  5         disabilities may receive a waiver from passing

  6         the grade 10 FCAT for purposes of high school

  7         graduation; amending s. 1008.22, F.S.;

  8         conforming provisions relating to statewide

  9         student assessment; amending s. 1008.25, F.S.;

10         providing an additional good cause exemption

11         from mandatory third grade retention; providing

12         an effective date.

13  

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

15  

16         Section 1.  Subsection (11) of section 1003.43, Florida

17  Statutes, is amended to read:

18         1003.43  General requirements for high school

19  graduation.--

20         (11)(a)  Each district school board must provide

21  instruction to prepare students with disabilities to

22  demonstrate proficiency in the skills and competencies

23  necessary for successful grade-to-grade progression and high

24  school graduation.

25         (b)  A student with a disability, as defined in s.

26  1007.02(2), for whom the individual educational plan (IEP)

27  committee determines that the FCAT cannot accurately measure

28  the student's abilities taking into consideration all

29  allowable accommodations, shall have the FCAT requirement of

30  paragraph (5)(a) waived for the purpose of receiving a

31  standard high school diploma, if the student:

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    Florida Senate - 2005                                  SB 2366
    3-1587-05                                               See HB




 1         1.  Completes the minimum number of credits and other

 2  requirements prescribed by subsections (1) and (4) and.

 3         2.  does not meet the requirements of paragraph (5)(a)

 4  after one opportunity in 10th grade and one opportunity in

 5  11th grade; or.

 6         2.  Demonstrates mastery of the Sunshine State

 7  Standards.

 8         (c)  A student with a disability, as defined in s.

 9  1007.02(2), may elect to pursue a special diploma in which

10  case the FCAT requirement of paragraph (5)(a) shall be waived.

11  This election shall be exercised by October 1 of the grade in

12  which the FCAT would otherwise initially be administered to

13  the student.

14         Section 2.  Paragraph (c) of subsection (3) of section

15  1008.22, Florida Statutes, is amended to read:

16         1008.22  Student assessment program for public

17  schools.--

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

19  shall design and implement a statewide program of educational

20  assessment that provides information for the improvement of

21  the operation and management of the public schools, including

22  schools operating for the purpose of providing educational

23  services to youth in Department of Juvenile Justice programs.

24  The commissioner may enter into contracts for the continued

25  administration of the assessment, testing, and evaluation

26  programs authorized and funded by the Legislature. Contracts

27  may be initiated in 1 fiscal year and continue into the next

28  and may be paid from the appropriations of either or both

29  fiscal years. The commissioner is authorized to negotiate for

30  the sale or lease of tests, scoring protocols, test scoring

31  services, and related materials developed pursuant to law.

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    Florida Senate - 2005                                  SB 2366
    3-1587-05                                               See HB




 1  Pursuant to the statewide assessment program, the commissioner

 2  shall:

 3         (c)  Develop and implement a student achievement

 4  testing program known as the Florida Comprehensive Assessment

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

 6  administered annually in grades 3 through 10 to measure

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

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

 9  testing program must be designed so that:

10         1.  The tests measure student skills and competencies

11  adopted by the State Board of Education as specified in

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

13  proficiency levels in reading, writing, mathematics, and

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

15  developed or obtained, as appropriate, through contracts and

16  project agreements with private vendors, public vendors,

17  public agencies, postsecondary educational institutions, or

18  school districts. The commissioner shall obtain input with

19  respect to the design and implementation of the testing

20  program from state educators and the public.

21         2.  The testing program will include a combination of

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

23  the extent determined by the commissioner, questions that

24  require the student to produce information or perform tasks in

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

26  be measured.

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

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

29  which students are required to produce writings that are then

30  scored by appropriate methods.

31  

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    Florida Senate - 2005                                  SB 2366
    3-1587-05                                               See HB




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

 2  below which score a student's performance is deemed

 3  inadequate. The school districts shall provide appropriate

 4  remedial instruction to students who score below these levels.

 5         5.  Except as provided in s. 1003.43(11)(b) or (c),

 6  students must earn a passing score on the grade 10 assessment

 7  test described in this paragraph or on an alternate assessment

 8  as described in subsection (9) in reading, writing, and

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

10  State Board of Education shall designate a passing score for

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

12  passing scores, the state board shall consider any possible

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

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

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

16  mathematics established by the State Board of Education for

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

18  earn the established passing scores and must repeat the grade

19  10 FCAT are required to earn the passing scores established

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

21  the grade 10 FCAT for the first time in March 2002 shall be

22  required to earn the passing scores in reading and mathematics

23  established by the State Board of Education for the March 2002

24  test administration. The State Board of Education shall adopt

25  rules which specify the passing scores for the grade 10 FCAT.

26  Any such rules, which have the effect of raising the required

27  passing scores, shall only apply to students taking the grade

28  10 FCAT for the first time after such rules are adopted by the

29  State Board of Education.

30         6.  Participation in the testing program is mandatory

31  for all students attending public school, including students

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    Florida Senate - 2005                                  SB 2366
    3-1587-05                                               See HB




 1  served in Department of Juvenile Justice programs, except as

 2  otherwise prescribed by the commissioner. If a student does

 3  not participate in the statewide assessment, the district must

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

 5  information regarding the implications of such

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

 7  instruction to provide accommodations that would not be

 8  permitted on the statewide assessment tests, the district must

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

10  instructional modifications. A parent must provide signed

11  consent for a student to receive instructional modifications

12  that would not be permitted on the statewide assessments and

13  must acknowledge in writing that he or she understands the

14  implications of such accommodations. The State Board of

15  Education shall adopt rules, based upon recommendations of the

16  commissioner, for the provision of test accommodations and

17  modifications of procedures as necessary for students in

18  exceptional education programs and for students who have

19  limited English proficiency. Accommodations that negate the

20  validity of a statewide assessment are not allowable.

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

22  meet the same testing requirements that a regular high school

23  student must meet.

24         8.  District school boards must provide instruction to

25  prepare students to demonstrate proficiency in the skills and

26  competencies necessary for successful grade-to-grade

27  progression and high school graduation. If a student is

28  provided with accommodations or modifications that are not

29  allowable in the statewide assessment program, as described in

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

31  writing and must provide the parent with information regarding

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    Florida Senate - 2005                                  SB 2366
    3-1587-05                                               See HB




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

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

 3  commissioner shall conduct studies as necessary to verify that

 4  the required skills and competencies are part of the district

 5  instructional programs.

 6         9.  The Department of Education must develop, or

 7  select, and implement a common battery of assessment tools

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

 9  state. These tools must accurately measure the skills and

10  competencies established in the Florida Sunshine State

11  Standards.

12  

13  The commissioner may design and implement student testing

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

15  effectively monitor educational achievement in the state.

16         Section 3.  Paragraph (b) of subsection (6) of section

17  1008.25, Florida Statutes, is amended to read:

18         1008.25  Public school student progression; remedial

19  instruction; reporting requirements.--

20         (6)  ELIMINATION OF SOCIAL PROMOTION.--

21         (b)  The district school board may only exempt students

22  from mandatory retention, as provided in paragraph (5)(b), for

23  good cause. Good cause exemptions shall be limited to the

24  following:

25         1.  Limited English proficient students who have had

26  less than 2 years of instruction in an English for Speakers of

27  Other Languages program.

28         2.  Students with disabilities whose individual

29  education plan indicates that participation in the statewide

30  assessment program is not appropriate, consistent with the

31  requirements of State Board of Education rule or, beginning

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    Florida Senate - 2005                                  SB 2366
    3-1587-05                                               See HB




 1  with the 2005-2006 school year, students with disabilities who

 2  demonstrate mastery of the Sunshine State Standards.

 3         3.  Students who demonstrate an acceptable level of

 4  performance on an alternative standardized reading assessment

 5  approved by the State Board of Education.

 6         4.  Students who demonstrate, through a student

 7  portfolio, that the student is reading on grade level as

 8  evidenced by demonstration of mastery of the Sunshine State

 9  Standards in reading equal to at least a Level 2 performance

10  on the FCAT.

11         5.  Students with disabilities who participate in the

12  FCAT and who have an individual education plan or a Section

13  504 plan that reflects that the student has received the

14  intensive remediation in reading, as required by paragraph

15  (4)(b), for more than 2 years but still demonstrates a

16  deficiency in reading and was previously retained in

17  kindergarten, grade 1, grade 2, or grade 3.

18         6.  Students who have received the intensive

19  remediation in reading as required by paragraph (4)(b) for 2

20  or more years but still demonstrate a deficiency in reading

21  and who were previously retained in kindergarten, grade 1,

22  grade 2, or grade 3 for a total of 2 years. Intensive reading

23  instruction for students so promoted must include an altered

24  instructional day based upon an academic improvement plan that

25  includes specialized diagnostic information and specific

26  reading strategies for each student. The district school board

27  shall assist schools and teachers to implement reading

28  strategies that research has shown to be successful in

29  improving reading among low-performing readers.

30         Section 4.  This act shall take effect July 1, 2005.

31  

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