Senate Bill sb1478

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    Florida Senate - 2006                                  SB 1478

    By Senator Wise





    5-961-06

  1                      A bill to be entitled

  2         An act relating to the student assessment

  3         program for public schools; amending s.

  4         1008.22, F.S.; deleting obsolete provisions;

  5         requiring that the student assessment program

  6         include the identification of the readiness of

  7         students to graduate from high school with a

  8         special diploma; requiring that the Department

  9         of Education develop and implement a battery of

10         assessment tools for students seeking a special

11         diploma; amending s. 1008.34, F.S.; requiring

12         that a school performance grade category

13         designation include achievement scores and

14         learning gains for students seeking a special

15         diploma; providing an effective date.

16  

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

18  

19         Section 1.  Subsection (1) and paragraph (c) of

20  subsection (3) of section 1008.22, Florida Statutes, are

21  amended to read:

22         1008.22  Student assessment program for public

23  schools.--

24         (1)  PURPOSE.--The primary purposes of the student

25  assessment program are to provide information needed to

26  improve the public schools by enhancing the learning gains of

27  all students and to inform parents of the educational progress

28  of their public school children.  The program must be designed

29  to:

30  

31  

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    Florida Senate - 2006                                  SB 1478
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 1         (a)  Assess the annual learning gains of each student

 2  toward achieving the Sunshine State Standards appropriate for

 3  the student's grade level.

 4         (b)  Provide data for making decisions regarding school

 5  accountability and recognition.

 6         (c)  Identify the educational strengths and needs of

 7  students and the readiness of students to be promoted to the

 8  next grade level or to graduate from high school with a

 9  standard or special high school diploma.

10         (d)  Assess how well educational goals and performance

11  standards are met at the school, district, and state levels.

12         (e)  Provide information to aid in the evaluation and

13  development of educational programs and policies.

14         (f)  Provide information on the performance of Florida

15  students compared with others across the United States.

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

17  shall design and implement a statewide program of educational

18  assessment that provides information for the improvement of

19  the operation and management of the public schools, including

20  schools operating for the purpose of providing educational

21  services to youth in Department of Juvenile Justice programs.

22  The commissioner may enter into contracts for the continued

23  administration of the assessment, testing, and evaluation

24  programs authorized and funded by the Legislature. Contracts

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

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

27  fiscal years. The commissioner is authorized to negotiate for

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

29  services, and related materials developed pursuant to law.

30  Pursuant to the statewide assessment program, the commissioner

31  shall:

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    Florida Senate - 2006                                  SB 1478
    5-961-06




 1         (c)  Develop and implement a student achievement

 2  testing program known as the Florida Comprehensive Assessment

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

 4  administered annually in grades 3 through 10 to measure

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

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

 7  testing program must be designed so that:

 8         1.  The tests measure student skills and competencies

 9  adopted by the State Board of Education as specified in

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

11  proficiency levels in reading, writing, mathematics, and

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

13  developed or obtained, as appropriate, through contracts and

14  project agreements with private vendors, public vendors,

15  public agencies, postsecondary educational institutions, or

16  school districts. The commissioner shall obtain input with

17  respect to the design and implementation of the testing

18  program from state educators and the public.

19         2.  The testing program will include a combination of

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

21  the extent determined by the commissioner, questions that

22  require the student to produce information or perform tasks in

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

24  be measured.

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

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

27  which students are required to produce writings that are then

28  scored by appropriate methods.

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

30  below which score a student's performance is deemed

31  

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    Florida Senate - 2006                                  SB 1478
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 1  inadequate. The school districts shall provide appropriate

 2  remedial instruction to students who score below these levels.

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

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

 5  described in this paragraph or on an alternate assessment as

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

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

 8  State Board of Education shall designate a passing score for

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

10  passing scores, the state board shall consider any possible

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

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

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

14  mathematics established by the State Board of Education for

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

16  earn the established passing scores and must repeat the grade

17  10 FCAT are required to earn the passing scores established

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

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

20  required to earn the passing scores in reading and mathematics

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

22  test administration. The State Board of Education shall adopt

23  rules that which specify the passing scores for the grade 10

24  FCAT. Any such rules, which have the effect of raising the

25  required passing scores, shall only apply to students taking

26  the grade 10 FCAT for the first time after the such rules are

27  adopted by the State Board of Education.

28         6.  Participation in the testing program is mandatory

29  for all students attending public school, including students

30  served in Department of Juvenile Justice programs, except as

31  otherwise prescribed by the commissioner. If a student does

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    Florida Senate - 2006                                  SB 1478
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 1  not participate in the statewide assessment, the district must

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

 3  information regarding the implications of the such

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

 5  instruction to provide accommodations that would not be

 6  permitted on the statewide assessment tests, the district must

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

 8  instructional modifications. A parent must provide signed

 9  consent for a student to receive instructional modifications

10  that would not be permitted on the statewide assessments and

11  must acknowledge in writing that he or she understands the

12  implications of the such accommodations. The State Board of

13  Education shall adopt rules, based upon recommendations of the

14  commissioner, for the provision of test accommodations and

15  modifications of procedures as necessary for students in

16  exceptional education programs and for students who have

17  limited English proficiency. Accommodations that negate the

18  validity of a statewide assessment are not allowable.

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

20  meet the same testing requirements that a regular high school

21  student must meet.

22         8.  District school boards must provide instruction to

23  prepare students to demonstrate proficiency in the skills and

24  competencies necessary for successful grade-to-grade

25  progression and high school graduation. If a student is

26  provided with accommodations or modifications that are not

27  allowable in the statewide assessment program, as described in

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

29  writing and must provide the parent with information regarding

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

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

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    Florida Senate - 2006                                  SB 1478
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 1  commissioner shall conduct studies as necessary to verify that

 2  the required skills and competencies are part of the district

 3  instructional programs.

 4         9.  The Department of Education must develop, or

 5  select, and implement a common battery of assessment tools

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

 7  state. These tools must accurately measure the skills and

 8  competencies established in the Florida Sunshine State

 9  Standards.

10         10.  The Department of Education must develop, or

11  select and implement, a common battery of assessment tools for

12  students seeking a special diploma. These tools must

13  accurately measure the skills and competencies established in

14  the Sunshine State Standards for students seeking a special

15  diploma.

16  

17  The commissioner may design and implement student testing

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

19  effectively monitor educational achievement in the state.

20         Section 2.  Subsection (3) of section 1008.34, Florida

21  Statutes, is amended to read:

22         1008.34  School grading system; district performance

23  grade.--

24         (3)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

25  CATEGORIES.--School performance grade category designations

26  itemized in subsection (2) shall be based on the following:

27         (a)  Timeframes.--

28         1.  School performance grade category designations

29  shall be based on the school's current year performance and

30  the school's annual learning gains.

31  

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    Florida Senate - 2006                                  SB 1478
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 1         2.  A school's performance grade category designation

 2  shall be based on a combination of student achievement scores,

 3  including achievement scores for students seeking a special

 4  diploma; student learning gains as measured by annual FCAT

 5  assessments in grades 3 through 10; learning gains as measured

 6  by a common battery of assessment tools for students seeking a

 7  special diploma;, and improvement of the lowest 25th

 8  percentile of students in the school in reading, math, or

 9  writing on the FCAT, unless these students are performing

10  above satisfactory performance.

11         (b)  Student assessment data.--Student assessment data

12  used in determining school performance grade categories shall

13  include:

14         1.  The aggregate scores of all eligible students

15  enrolled in the school who have been assessed on the FCAT.

16         2.  The aggregate scores of all eligible students

17  enrolled in the school who have been assessed on the FCAT,

18  including Florida Writes, and who have scored at or in the

19  lowest 25th percentile of students in the school in reading,

20  math, or writing, unless these students are performing above

21  satisfactory performance.

22  

23  The Department of Education shall study the effects of

24  mobility on the performance of highly mobile students and

25  recommend programs to improve the performance of the such

26  students. The State Board of Education shall adopt appropriate

27  criteria for each school performance grade category. The

28  criteria must also give added weight to student achievement in

29  reading. Schools designated as performance grade category "C,"

30  making satisfactory progress, shall be required to demonstrate

31  that adequate progress has been made by students in the school

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    Florida Senate - 2006                                  SB 1478
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 1  who are in the lowest 25th percentile in reading, math, or

 2  writing on the FCAT, including Florida Writes, unless these

 3  students are performing above satisfactory performance.

 4         Section 3.  This act shall take effect upon becoming a

 5  law.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Requires that the student assessment program for public
      schools include the identification of the readiness of
10    students to graduate from high school with a special
      diploma. Requires that the Department of Education
11    develop and implement a battery of assessment tools for
      students seeking a special diploma. Requires that a
12    school performance grade category designation include
      achievement scores and learning gains for students
13    seeking a special diploma.

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