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A bill to be entitled

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An act relating to the statewide educational assessment

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program; amending s. 1008.22, F.S.; requiring that the

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Commissioner of Education receive input as to the

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statewide educational assessment program from a minimum of

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two persons recommended by the Florida School for the Deaf

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and the Blind and from a minimum of two persons

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recommended by the Americans with Disabilities Working

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Group; providing an effective date.

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

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     Section 1.  Paragraph (c) of subsection (3) of section

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1008.22, Florida Statutes, is amended to read:

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     1008.22  Student assessment program for public schools.--

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

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design and implement a statewide program of educational

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assessment that provides information for the improvement of the

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operation and management of the public schools, including schools

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operating for the purpose of providing educational services to

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youth in Department of Juvenile Justice programs. The

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commissioner may enter into contracts for the continued

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administration of the assessment, testing, and evaluation

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programs authorized and funded by the Legislature. Contracts may

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

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be paid from the appropriations of either or both fiscal years.

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The commissioner is authorized to negotiate for the sale or lease

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of tests, scoring protocols, test scoring services, and related

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materials developed pursuant to law. Pursuant to the statewide

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assessment program, the commissioner shall:

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     (c)  Develop and implement a student achievement testing

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program known as the Florida Comprehensive Assessment Test (FCAT)

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as part of the statewide assessment program to measure reading,

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writing, science, and mathematics. Other content areas may be

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included as directed by the commissioner. The assessment of

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reading and mathematics shall be administered annually in grades

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3 through 10. The assessment of writing and science shall be

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administered at least once at the elementary, middle, and high

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school levels. The commissioner must document the procedures used

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to ensure that the versions of the FCAT which are taken by

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students retaking the grade 10 FCAT are equally as challenging

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and difficult as the tests taken by students in grade 10 which

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contain performance tasks. The testing program must be designed

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so that:

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     1.  The tests measure student skills and competencies

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adopted by the State Board of Education as specified in paragraph

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(a). The tests must measure and report student proficiency levels

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of all students assessed in reading, writing, mathematics, and

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science. The commissioner shall provide for the tests to be

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developed or obtained, as appropriate, through contracts and

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project agreements with private vendors, public vendors, public

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agencies, postsecondary educational institutions, or school

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districts. The commissioner shall obtain input with respect to

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the design and implementation of the testing program from state

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educators, assistive technology experts, and the public. This

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must include, at a minimum, annual input from two persons

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recommended by the Florida School for the Deaf and the Blind and

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two persons recommended by the Americans with Disabilities

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Working Group created by Executive Order 01-161.

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     2.  The testing program will include a combination of norm-

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referenced and criterion-referenced tests and include, to the

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extent determined by the commissioner, questions that require the

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student to produce information or perform tasks in such a way

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that the skills and competencies he or she uses can be measured.

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

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or high school level, includes a test of writing in which

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students are required to produce writings that are then scored by

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appropriate and timely methods.

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

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below which score a student's performance is deemed inadequate.

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The school districts shall provide appropriate remedial

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instruction to students who score below these levels.

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     5.  Except as provided in s. 1003.428(8)(b) or s.

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1003.43(11)(b), students must earn a passing score on the grade

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10 assessment test described in this paragraph or attain

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concordant scores as described in subsection (9) in reading,

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writing, and mathematics to qualify for a standard high school

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diploma. The State Board of Education shall designate a passing

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score for each part of the grade 10 assessment test. In

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establishing passing scores, the state board shall consider any

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possible negative impact of the test on minority students. The

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State Board of Education shall adopt rules which specify the

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passing scores for the grade 10 FCAT. Any such rules, which have

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the effect of raising the required passing scores, shall only

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apply to students taking the grade 10 FCAT for the first time

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after such rules are adopted by the State Board of Education.

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     6.  Participation in the testing program is mandatory for

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all students attending public school, including students served

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in Department of Juvenile Justice programs, except as otherwise

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prescribed by the commissioner. If a student does not participate

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in the statewide assessment, the district must notify the

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student's parent and provide the parent with information

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regarding the implications of such nonparticipation. A parent

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must provide signed consent for a student to receive classroom

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instructional accommodations that would not be available or

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permitted on the statewide assessments and must acknowledge in

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writing that he or she understands the implications of such

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instructional accommodations. The State Board of Education shall

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adopt rules, based upon recommendations of the commissioner, for

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the provision of test accommodations for students in exceptional

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education programs and for students who have limited English

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proficiency. Accommodations that negate the validity of a

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statewide assessment are not allowable in the administration of

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the FCAT. However, instructional accommodations are allowable in

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the classroom if included in a student's individual education

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plan. Students using instructional accommodations in the

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classroom that are not allowable as accommodations on the FCAT

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may have the FCAT requirement waived pursuant to the requirements

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of s. 1003.428(8)(b) or s. 1003.43(11)(b).

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

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the same testing requirements that a regular high school student

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must meet.

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     8.  District school boards must provide instruction to

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prepare students to demonstrate proficiency in the skills and

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competencies necessary for successful grade-to-grade progression

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and high school graduation. If a student is provided with

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instructional accommodations in the classroom that are not

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allowable as accommodations in the statewide assessment program,

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as described in the test manuals, the district must inform the

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parent in writing and must provide the parent with information

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

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proficiency levels in reading, writing, and math. The

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commissioner shall conduct studies as necessary to verify that

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the required skills and competencies are part of the district

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instructional programs.

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     9.  District school boards must provide opportunities for

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students to demonstrate an acceptable level of performance on an

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alternative standardized assessment approved by the State Board

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of Education following enrollment in summer academies.

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     10.  The Department of Education must develop, or select,

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and implement a common battery of assessment tools that will be

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used in all juvenile justice programs in the state. These tools

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must accurately measure the skills and competencies established

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in the Sunshine State Standards.

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     11.  For students seeking a special diploma pursuant to s.

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1003.438, the Department of Education must develop or select and

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implement an alternate assessment tool that accurately measures

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the skills and competencies established in the Sunshine State

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Standards for students with disabilities under s. 1003.438.

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The commissioner may, based on collaboration and input from

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school districts, design and implement student testing programs,

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for any grade level and subject area, necessary to effectively

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monitor educational achievement in the state, including the

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measurement of educational achievement of the Sunshine State

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Standards for students with disabilities. Development and

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refinement of assessments shall include universal design

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principles and accessibility standards that will prevent any

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unintended obstacles for students with disabilities while

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ensuring the validity and reliability of the test. These

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principles should be applicable to all technology platforms and

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assistive devices available for the assessments. The field

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testing process and psychometric analyses for the statewide

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assessment program must include an appropriate percentage of

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students with disabilities and an evaluation or determination of

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the effect of test items on such students.

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     Section 2.  This act shall take effect July 1, 2008.