1 | A bill to be entitled |
2 | An act relating to student assessment instruments; |
3 | amending s. 1008.23, F.S.; authorizing a student's parent |
4 | and the student to review the questions and the student's |
5 | answers to questions on the criterion-referenced portion |
6 | of the Florida Comprehensive Assessment Test; providing |
7 | restrictions on the review; requiring the Department of |
8 | Education to honor requests within a certain time period; |
9 | requiring that district school boards notify eligible |
10 | parents; requiring the State Board of Education to adopt |
11 | rules; authorizing reasonable attorney's fees and costs |
12 | under certain circumstances; amending s. 1003.433, F.S.; |
13 | revising requirements for receipt of a standard high |
14 | school diploma for certain transfer students; repealing s. |
15 | 1008.301, F.S., relating to FCAT equivalency and a |
16 | concordance study by the State Board of Education; |
17 | providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Section 1008.23, Florida Statutes, is amended |
22 | to read: |
23 | 1008.23 Confidentiality of assessment instruments.-- |
24 | (1) All examination and assessment instruments, including |
25 | developmental materials and workpapers directly related thereto, |
26 | which are prepared, prescribed, or administered pursuant to ss. |
27 | 1003.43, 1008.22, and 1008.25 shall be confidential and exempt |
28 | from the provisions of s. 119.07(1) and from s. 1001.52. |
29 | Provisions governing access, maintenance, and destruction of |
30 | such instruments and related materials shall be prescribed by |
31 | rules of the State Board of Education. |
32 | (2) Notwithstanding subsection (1), a student's parent, |
33 | accompanied by the student, may review, at the school at which |
34 | the student was enrolled when the student was administered the |
35 | Florida Comprehensive Assessment Test, the questions on each |
36 | section of the criterion-referenced portion of the Florida |
37 | Comprehensive Assessment Test, as well as the student's answers |
38 | to those questions, under the following conditions: |
39 | (a) The student must have failed to earn a passing score |
40 | on the grade 10 Florida Comprehensive Assessment Test or failed |
41 | to score at Level 2 or higher on the Florida Comprehensive |
42 | Assessment Test in reading for grade 3. |
43 | (b) No recording or copying of the assessment may be made. |
44 | (c) A school administrator, as defined in s. |
45 | 1012.01(3)(c), or a representative of the Department of |
46 | Education must be present at all times when the assessment is |
47 | reviewed. |
48 | (d) The student or student's parent may not review the |
49 | assessment more than one time. |
50 | (e) No other individual is authorized to attend the |
51 | review. |
52 | (f) The assessment was not administered to the student |
53 | more than 2 years before the review. |
54 | (g) The student or student's parent may not remove the |
55 | assessment from the reviewing location. |
56 | (h) The student, the student's parent, the school |
57 | administrator, or the department representative may not take any |
58 | notes during the review. |
59 | (i) The parent must request the review within 14 days |
60 | after receipt of the student's score. |
61 |
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62 | The Department of Education shall provide for review of the |
63 | assessment questions and the student's answers to the questions |
64 | within 30 days after receiving the request for review. Each |
65 | district school board shall notify eligible parents of the |
66 | review option and the procedures for the review. The State Board |
67 | of Education shall adopt rules pursuant to ss. 120.536(1) and |
68 | 120.54 to administer this subsection. If the review request is |
69 | not met in accordance with this subsection, the parent is |
70 | entitled to reasonable attorney's fees and costs incurred by the |
71 | parent in obtaining compliance with this subsection. |
72 | Section 2. Subsection (1) of section 1003.433, Florida |
73 | Statutes, is amended to read: |
74 | 1003.433 Learning opportunities for out-of-state and out- |
75 | of-country transfer students and students needing additional |
76 | instruction to meet high school graduation requirements.-- |
77 | (1) Students who enter a Florida public school at the |
78 | eleventh or twelfth grade from out of state or from a foreign |
79 | country shall not be required to spend additional time in a |
80 | Florida public school in order to meet the high school course |
81 | requirements if the student has met all requirements of the |
82 | school district, state, or country from which he or she is |
83 | transferring. Such students who are not proficient in English |
84 | should receive immediate and intensive instruction in English |
85 | language acquisition. However, to receive a standard high school |
86 | diploma, a transfer student must earn a 2.0 grade point average |
87 | and pass the grade 10 FCAT required in s. 1008.22(3) or an |
88 | alternate assessment as described in s. 1008.22(9). Beginning |
89 | with the 2005-2006 school year, to receive a standard high |
90 | school diploma, a transfer student must earn a 2.0 grade point |
91 | average and pass the grade 10 FCAT required in s. 1008.22(3) if |
92 | the student is an eleventh grade student or earn scores on the |
93 | SAT or the ACT that equate to the passing scores on the grade 10 |
94 | FCAT if the student is a twelfth grade student. |
95 | Section 3. Section 1008.301, Florida Statutes, is |
96 | repealed. |
97 | Section 4. This act shall take effect July 1, 2005. |