1

A bill to be entitled

2

An act relating to student assessment; amending s.

3

1008.22, F.S.; requiring the student assessment program to

4

provide alternative instructional strategies, delivery

5

methods, and resources to assist those students who are

6

not promoted to rapidly attain grade level; requiring that

7

the testing program be designed so that school districts

8

provide immediate and appropriate instructional

9

strategies, delivery methods, and resources to students

10

who score below grade level so that the student may attain

11

his or her grade level as soon as possible; providing an

12

effective date.

13

14

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

15

16

     Section 1.  Paragraph (c) of subsection (1), paragraph (c)

17

of subsection (3), and subsection (5) of section 1008.22, Florida

18

Statutes, are amended to read:

19

     1008.22  Student assessment program for public schools.--

20

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

21

assessment program are to provide information needed to improve

22

the public schools by enhancing the learning gains of all

23

students and to inform parents of the educational progress of

24

their public school children. The program must be designed to:

25

     (c)  Identify the educational strengths and needs of

26

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

27

grade level or to graduate from high school with a standard or

28

special high school diploma and to provide alternative

29

instructional strategies, delivery methods, and resources,

30

sufficient to allow those who are struggling academically or who

31

are not promoted to rapidly attain grade level.

32

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

33

design and implement a statewide program of educational

34

assessment that provides information for the improvement of the

35

operation and management of the public schools, including schools

36

operating for the purpose of providing educational services to

37

youth in Department of Juvenile Justice programs. The

38

commissioner may enter into contracts for the continued

39

administration of the assessment, testing, and evaluation

40

programs authorized and funded by the Legislature. Contracts may

41

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

42

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

43

The commissioner is authorized to negotiate for the sale or lease

44

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

45

materials developed pursuant to law. Pursuant to the statewide

46

assessment program, the commissioner shall:

47

     (c)  Develop and implement a student achievement testing

48

program known as the Florida Comprehensive Assessment Test (FCAT)

49

as part of the statewide assessment program to measure reading,

50

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

51

included as directed by the commissioner. The assessment of

52

reading and mathematics shall be administered annually in grades

53

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

54

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

55

school levels. The commissioner must document the procedures used

56

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

57

students retaking the grade 10 FCAT are equally as challenging

58

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

59

contain performance tasks. The testing program must be designed

60

so that:

61

     1.  The tests measure student skills and competencies

62

adopted by the State Board of Education as specified in paragraph

63

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

64

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

65

science. The commissioner shall provide for the tests to be

66

developed or obtained, as appropriate, through contracts and

67

project agreements with private vendors, public vendors, public

68

agencies, postsecondary educational institutions, or school

69

districts. The commissioner shall obtain input with respect to

70

the design and implementation of the testing program from state

71

educators, assistive technology experts, and the public.

72

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

73

referenced and criterion-referenced tests and include, to the

74

extent determined by the commissioner, questions that require the

75

student to produce information or perform tasks in such a way

76

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

77

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

78

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

79

students are required to produce writings that are then scored by

80

appropriate and timely methods.

81

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

82

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

83

The school districts shall provide immediate and appropriate

84

instructional strategies, delivery methods, and resources

85

remedial instruction to students who score below these levels so

86

that the student may attain his or her grade level as soon as

87

possible.

88

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

89

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

90

10 assessment test described in this paragraph or attain

91

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

92

writing, and mathematics to qualify for a standard high school

93

diploma. The State Board of Education shall designate a passing

94

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

95

establishing passing scores, the state board shall consider any

96

possible negative impact of the test on minority students and

97

provide the immediate and appropriate alternative instructional

98

strategies, delivery methods, and resources to students who score

99

below these levels so that the student may attain his or her

100

grade level as soon as possible. The State Board of Education

101

shall adopt rules which specify the passing scores for the grade

102

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

103

required passing scores, shall only apply to students taking the

104

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

105

the State Board of Education.

106

     6.  Participation in the testing program is mandatory for

107

all students attending public school, including students served

108

in Department of Juvenile Justice programs, except as otherwise

109

prescribed by the commissioner. If a student does not participate

110

in the statewide assessment, the district must notify the

111

student's parent and provide the parent with information

112

regarding the implications of such nonparticipation. A parent

113

must provide signed consent for a student to receive classroom

114

instructional accommodations that would not be available or

115

permitted on the statewide assessments and must acknowledge in

116

writing that he or she understands the implications of such

117

instructional accommodations. The State Board of Education shall

118

adopt rules, based upon recommendations of the commissioner, for

119

the provision of test accommodations for students in exceptional

120

education programs and for students who have limited English

121

proficiency. Accommodations that negate the validity of a

122

statewide assessment are not allowable in the administration of

123

the FCAT. However, instructional accommodations are allowable in

124

the classroom if included in a student's individual education

125

plan. Students using instructional accommodations in the

126

classroom that are not allowable as accommodations on the FCAT

127

may have the FCAT requirement waived pursuant to the requirements

128

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

129

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

130

the same testing requirements that a regular high school student

131

must meet.

132

     8.  District school boards must provide instruction to

133

prepare students to demonstrate proficiency in the skills and

134

competencies necessary for successful grade-to-grade progression

135

and high school graduation. If a student is provided with

136

instructional accommodations in the classroom that are not

137

allowable as accommodations in the statewide assessment program,

138

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

139

parent in writing and must provide the parent with information

140

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

141

proficiency levels in reading, writing, and math. The

142

commissioner shall conduct studies as necessary to verify that

143

the required skills and competencies are part of the district

144

instructional programs.

145

     9.  District school boards must provide opportunities for

146

students to demonstrate an acceptable level of performance on an

147

alternative standardized assessment approved by the State Board

148

of Education following enrollment in summer academies.

149

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

150

and implement a common battery of assessment tools that will be

151

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

152

must accurately measure the skills and competencies established

153

in the Sunshine State Standards.

154

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

155

1003.438, the Department of Education must develop or select and

156

implement an alternate assessment tool that accurately measures

157

the skills and competencies established in the Sunshine State

158

Standards for students with disabilities under s. 1003.438.

159

160

The commissioner may, based on collaboration and input from

161

school districts, design and implement student testing programs,

162

for any grade level and subject area, necessary to effectively

163

monitor educational achievement in the state, including the

164

measurement of educational achievement of the Sunshine State

165

Standards for students with disabilities. Development and

166

refinement of assessments shall include universal design

167

principles and accessibility standards that will prevent any

168

unintended obstacles for students with disabilities while

169

ensuring the validity and reliability of the test. These

170

principles should be applicable to all technology platforms and

171

assistive devices available for the assessments. The field

172

testing process and psychometric analyses for the statewide

173

assessment program must include an appropriate percentage of

174

students with disabilities and an evaluation or determination of

175

the effect of test items on such students.

176

     (5)  SCHOOL TESTING PROGRAMS.--Each public school shall

177

participate in the statewide assessment program, unless

178

specifically exempted by state board rule based on serving a

179

specialized population for which standardized testing is not

180

appropriate. Student performance data shall be analyzed and

181

reported to parents, the community, and the state. Student

182

performance data shall be used in developing objectives of the

183

school improvement plan, evaluation of instructional personnel,

184

evaluation of administrative personnel, assignment of staff,

185

allocation of resources, acquisition of instructional materials

186

and technology, performance-based budgeting, reallocation of

187

resources to promote alternative instructional strategies and

188

delivery methods to eliminate substandard student performance,

189

and promotion and assignment of students into educational

190

programs. The analysis of student performance data also must

191

identify strengths and needs in the educational program and

192

trends over time. The analysis must be used in conjunction with

193

the budgetary planning processes developed pursuant to s.

194

1008.385 and the development of the programs of remediation.

195

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