| 1 | Representative Richardson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 313-1070 and insert: |
| 5 | Section 7. Paragraph (a) of subsection (8) of section |
| 6 | 1003.428, Florida Statutes, is amended to read: |
| 7 | 1003.428 General requirements for high school graduation; |
| 8 | revised.-- |
| 9 | (8)(a) Each district school board must provide instruction |
| 10 | to prepare students with disabilities to demonstrate proficiency |
| 11 | in the core content knowledge and skills and competencies |
| 12 | necessary for successful grade-to-grade progression and high |
| 13 | school graduation. |
| 14 | Section 8. Paragraph (a) of subsection (11) of section |
| 15 | 1003.43, Florida Statutes, is amended to read: |
| 16 | 1003.43 General requirements for high school graduation.-- |
| 17 | (11)(a) Each district school board must provide |
| 18 | instruction to prepare students with disabilities to demonstrate |
| 19 | proficiency in the core content knowledge and skills and |
| 20 | competencies necessary for successful grade-to-grade progression |
| 21 | and high school graduation. |
| 22 | Section 9. Paragraph (d) of subsection (6) of section |
| 23 | 1003.63, Florida Statutes, is amended to read: |
| 24 | 1003.63 Deregulated public schools pilot program.-- |
| 25 | (6) ELEMENTS OF THE PROPOSAL.--The major issues involving |
| 26 | the operation of a deregulated public school shall be considered |
| 27 | in advance and written into the proposal. |
| 28 | (d) Upon receipt of the annual report required by |
| 29 | paragraph (b), the Department of Education shall provide the |
| 30 | State Board of Education, the Commissioner of Education, the |
| 31 | President of the Senate, and the Speaker of the House of |
| 32 | Representatives with a copy of each report and an analysis and |
| 33 | comparison of the overall performance of students, to include |
| 34 | all students in deregulated public schools whose scores are |
| 35 | counted as part of the statewide assessment tests, versus |
| 36 | comparable public school students in the district as determined |
| 37 | by statewide assessments administered under s. 1008.22(3) FCAT |
| 38 | and district assessment tests and, as appropriate, the Florida |
| 39 | Writes Assessment Test, and other assessments administered |
| 40 | pursuant to s. 1008.22(3). |
| 41 | Section 10. Paragraph (b) of subsection (1) of section |
| 42 | 1006.28, Florida Statutes, is amended to read: |
| 43 | 1006.28 Duties of district school board, district school |
| 44 | superintendent; and school principal regarding K-12 |
| 45 | instructional materials.-- |
| 46 | (1) DISTRICT SCHOOL BOARD.--The district school board has |
| 47 | the duty to provide adequate instructional materials for all |
| 48 | students in accordance with the requirements of this part. The |
| 49 | term "adequate instructional materials" means a sufficient |
| 50 | number of textbooks or sets of materials serving as the basis |
| 51 | for instruction for each student in the core courses of |
| 52 | mathematics, language arts, social studies, science, reading, |
| 53 | and literature, except for instruction for which the school |
| 54 | advisory council approves the use of a program that does not |
| 55 | include a textbook as a major tool of instruction. The district |
| 56 | school board has the following specific duties: |
| 57 | (b) Textbooks.--Provide for proper requisitioning, |
| 58 | distribution, accounting, storage, care, and use of all |
| 59 | instructional materials furnished by the state and furnish such |
| 60 | other instructional materials as may be needed. The district |
| 61 | school board shall assure that instructional materials used in |
| 62 | the district are consistent with the district goals and |
| 63 | objectives and the curriculum frameworks adopted by rule of the |
| 64 | State Board of Education, as well as with the state and district |
| 65 | curricular performance standards provided for in s. 1001.03(1). |
| 66 | Section 11. Subsection (4) of section 1006.31, Florida |
| 67 | Statutes, is amended to read: |
| 68 | 1006.31 Duties of each state instructional materials |
| 69 | committee.--The duties of each state instructional materials |
| 70 | committee are: |
| 71 | (4) EVALUATION OF INSTRUCTIONAL MATERIALS.--To evaluate |
| 72 | carefully all instructional materials submitted, to ascertain |
| 73 | which instructional materials, if any, submitted for |
| 74 | consideration best implement the selection criteria developed by |
| 75 | the commissioner and those curricular objectives included within |
| 76 | applicable curricular performance standards provided for in s. |
| 77 | 1001.03(1). |
| 78 | (a) When recommending instructional materials for use in |
| 79 | the schools, each committee shall include only instructional |
| 80 | materials that accurately portray the ethnic, socioeconomic, |
| 81 | cultural, and racial diversity of our society, including men and |
| 82 | women in professional, career, and executive roles, and the role |
| 83 | and contributions of the entrepreneur and labor in the total |
| 84 | development of this state and the United States. |
| 85 | (b) When recommending instructional materials for use in |
| 86 | the schools, each committee shall include only materials which |
| 87 | accurately portray, whenever appropriate, humankind's place in |
| 88 | ecological systems, including the necessity for the protection |
| 89 | of our environment and conservation of our natural resources and |
| 90 | the effects on the human system of the use of tobacco, alcohol, |
| 91 | controlled substances, and other dangerous substances. |
| 92 | (c) When recommending instructional materials for use in |
| 93 | the schools, each committee shall require such materials as it |
| 94 | deems necessary and proper to encourage thrift, fire prevention, |
| 95 | and humane treatment of people and animals. |
| 96 | (d) When recommending instructional materials for use in |
| 97 | the schools, each committee shall require, when appropriate to |
| 98 | the comprehension of students, that materials for social |
| 99 | science, history, or civics classes contain the Declaration of |
| 100 | Independence and the Constitution of the United States. No |
| 101 | instructional materials shall be recommended by any committee |
| 102 | for use in the schools which contain any matter reflecting |
| 103 | unfairly upon persons because of their race, color, creed, |
| 104 | national origin, ancestry, gender, or occupation. |
| 105 | (e) All instructional materials recommended by each |
| 106 | committee for use in the schools shall be, to the satisfaction |
| 107 | of each committee, accurate, objective, and current and suited |
| 108 | to the needs and comprehension of students at their respective |
| 109 | grade levels. Instructional materials committees shall consider |
| 110 | for adoption materials developed for academically talented |
| 111 | students such as those enrolled in advanced placement courses. |
| 112 |
|
| 113 | The findings of the committees, including the evaluation of |
| 114 | instructional materials, shall be in sessions open to the |
| 115 | public. All decisions leading to determinations of the |
| 116 | committees shall be by roll call vote, and at no time will a |
| 117 | secret ballot be permitted. |
| 118 | Section 12. Subsection (1) and paragraph (b) of subsection |
| 119 | (2) of section 1006.34, Florida Statutes, are amended to read: |
| 120 | 1006.34 Powers and duties of the commissioner and the |
| 121 | department in selecting and adopting instructional materials.-- |
| 122 | (1) PROCEDURES FOR EVALUATING INSTRUCTIONAL |
| 123 | MATERIALS.--The commissioner shall prescribe the procedures by |
| 124 | which the department shall evaluate instructional materials |
| 125 | submitted by publishers and manufacturers in each adoption. |
| 126 | Included in these procedures shall be provisions that which |
| 127 | afford each publisher or manufacturer or his or her |
| 128 | representative an opportunity to present to members of the state |
| 129 | instructional materials committees the merits of each |
| 130 | instructional material submitted in each adoption. Beginning |
| 131 | July 1, 2008, the procedures must prohibit the adoption of |
| 132 | instructional materials that include any reference to the |
| 133 | "Florida Comprehensive Assessment Test" or "FCAT" and must |
| 134 | require any instructional materials submitted to clearly |
| 135 | demonstrate alignment to the Sunshine State Standards. |
| 136 | (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.-- |
| 137 | (b) In the selection of instructional materials, library |
| 138 | books, and other reading material used in the public school |
| 139 | system, the standards used to determine the propriety of the |
| 140 | material shall include: |
| 141 | 1. The age of the students who normally could be expected |
| 142 | to have access to the material. |
| 143 | 2. The educational purpose to be served by the material. |
| 144 | In considering instructional materials for classroom use, |
| 145 | priority shall be given to the selection of materials which |
| 146 | encompass the state and district school board curricular |
| 147 | performance standards provided for in s. 1001.03(1) and which |
| 148 | include the instructional objectives contained within the |
| 149 | curriculum frameworks approved by rule of the State Board of |
| 150 | Education. |
| 151 | 3. The degree to which the material would be supplemented |
| 152 | and explained by mature classroom instruction as part of a |
| 153 | normal classroom instructional program. |
| 154 | 4. The consideration of the broad racial, ethnic, |
| 155 | socioeconomic, and cultural diversity of the students of this |
| 156 | state. |
| 157 |
|
| 158 | No book or other material containing hard-core pornography or |
| 159 | otherwise prohibited by s. 847.012 shall be used or available |
| 160 | within any public school district. |
| 161 | Section 13. Paragraph (b) of subsection (3) of section |
| 162 | 1006.38, Florida Statutes, is amended to read: |
| 163 | 1006.38 Duties, responsibilities, and requirements of |
| 164 | instructional materials publishers and |
| 165 | manufacturers.--Publishers and manufacturers of instructional |
| 166 | materials, or their representatives, shall: |
| 167 | (3) Submit, at a time designated in s. 1006.33, the |
| 168 | following information: |
| 169 | (b) Written proof that the publisher has provided written |
| 170 | correlations to appropriate curricular objectives included |
| 171 | within applicable curricular performance standards provided for |
| 172 | in s. 1001.03(1). |
| 173 | Section 14. Subsection (1) and paragraph (b) of subsection |
| 174 | (3) of section 1006.40, Florida Statutes, are amended to read: |
| 175 | 1006.40 Use of instructional materials allocation; |
| 176 | instructional materials, library books, and reference books; |
| 177 | repair of books.-- |
| 178 | (1)(a) On or before July 1 each year, the commissioner |
| 179 | shall certify to each district school superintendent the |
| 180 | estimated allocation of state funds for instructional materials, |
| 181 | computed under pursuant to the provisions of s. 1011.67 for the |
| 182 | ensuing fiscal year. All instructional materials used must align |
| 183 | to the Sunshine State Standards. Instructional materials used to |
| 184 | teach reading shall, to the maximum extent practicable, |
| 185 | incorporate nonfictional content from other core subjects. |
| 186 | (b) A school district may not expend funds from the |
| 187 | instructional materials allocation for Florida Comprehensive |
| 188 | Assessment Test (FCAT) practice tests, sample test items, or |
| 189 | practice workbooks or for any other materials dedicated to test- |
| 190 | taking exercises or strategies designed exclusively for FCAT |
| 191 | preparation or that include any reference to the "Florida |
| 192 | Comprehensive Assessment Test" or "FCAT." The department shall |
| 193 | notify publishers and manufacturers of this prohibition by |
| 194 | including notice of this paragraph in the instructional |
| 195 | materials specifications for each adoption. A school district's |
| 196 | violation of this paragraph is subject to the withholding of |
| 197 | funds from the instructional materials allocation under s. |
| 198 | 1001.42(7). |
| 199 | (3) |
| 200 | (b) Up to 50 percent of the annual allocation may be used |
| 201 | for the purchase of instructional materials, including library |
| 202 | and reference books and nonprint materials, not included on the |
| 203 | state-adopted list and for the repair and renovation of |
| 204 | textbooks and library books. Notwithstanding subsection (4), up |
| 205 | to 10 percent of the funds used for the purchase of |
| 206 | instructional materials not on the state-adopted list may be |
| 207 | used to purchase digital or online content, or technology |
| 208 | devices with digital or online content, if the publisher or |
| 209 | manufacturer clearly demonstrates that the content is aligned to |
| 210 | the Sunshine State Standards. |
| 211 | Section 15. Section 1008.22, Florida Statutes, is amended |
| 212 | to read: |
| 213 | 1008.22 Student assessment program for public schools.-- |
| 214 | (1) PURPOSE.--The primary purposes of the student |
| 215 | assessment program are to provide information needed to improve |
| 216 | the public schools by enhancing the learning gains of all |
| 217 | students and to inform parents of the educational progress of |
| 218 | their public school children. The program must be designed to: |
| 219 | (a) Assess the annual learning gains of each student |
| 220 | toward achieving the Sunshine State Standards appropriate for |
| 221 | the student's grade level. |
| 222 | (b) Provide data for making decisions regarding school |
| 223 | accountability and recognition. |
| 224 | (c) Identify the educational strengths and needs of |
| 225 | students and the readiness of students to be promoted to the |
| 226 | next grade level or to graduate from high school with a standard |
| 227 | or special high school diploma. |
| 228 | (d) Assess how well educational goals and curricular |
| 229 | performance standards are met at the school, district, and state |
| 230 | levels. |
| 231 | (e) Provide information to aid in the evaluation and |
| 232 | development of educational programs and policies. |
| 233 | (f) Provide information on the performance of Florida |
| 234 | students compared with that of other students across the United |
| 235 | States. |
| 236 | (2) NATIONAL EDUCATION COMPARISONS.--It is Florida's |
| 237 | intent to participate in the measurement of national educational |
| 238 | goals. The Commissioner of Education shall direct Florida school |
| 239 | districts to participate in the administration of the National |
| 240 | Assessment of Educational Progress, or a similar national |
| 241 | assessment program, both for the national sample and for any |
| 242 | state-by-state comparison programs which may be initiated. The |
| 243 | Such assessments must be conducted using the data collection |
| 244 | procedures, the student surveys, the educator surveys, and other |
| 245 | instruments included in the National Assessment of Educational |
| 246 | Progress or similar program being administered in Florida. The |
| 247 | results of these assessments shall be included in the annual |
| 248 | report of the Commissioner of Education specified in this |
| 249 | section. The administration of the National Assessment of |
| 250 | Educational Progress or similar program shall be in addition to |
| 251 | and separate from the administration of the statewide assessment |
| 252 | program. |
| 253 | (3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall |
| 254 | design and implement a statewide program of educational |
| 255 | assessment that provides information for the improvement of the |
| 256 | operation and management of the public schools, including |
| 257 | schools operating for the purpose of providing educational |
| 258 | services to youth in Department of Juvenile Justice programs. |
| 259 | The commissioner may enter into contracts for the continued |
| 260 | administration of the assessment, testing, and evaluation |
| 261 | programs authorized and funded by the Legislature. Contracts may |
| 262 | be initiated in 1 fiscal year and continue into the next and may |
| 263 | be paid from the appropriations of either or both fiscal years. |
| 264 | The commissioner is authorized to negotiate for the sale or |
| 265 | lease of tests, scoring protocols, test scoring services, and |
| 266 | related materials developed pursuant to law. Pursuant to the |
| 267 | statewide assessment program, the commissioner shall: |
| 268 | (a) Submit proposed enhanced curricular Sunshine State |
| 269 | Standards to the State Board of Education for adoption and |
| 270 | periodic review and revision under s. 1003.41. a list that |
| 271 | specifies student skills and competencies to which the goals for |
| 272 | education specified in the state plan apply, including, but not |
| 273 | limited to, reading, writing, science, and mathematics. The |
| 274 | skills and competencies must include problem-solving and higher- |
| 275 | order skills as appropriate and shall be known as the Sunshine |
| 276 | State Standards as defined in s. 1000.21. The commissioner shall |
| 277 | select such skills and competencies after receiving |
| 278 | recommendations from educators, citizens, and members of the |
| 279 | business community. The commissioner shall submit to the State |
| 280 | Board of Education revisions to the list of student skills and |
| 281 | competencies in order to maintain continuous progress toward |
| 282 | improvements in student proficiency. |
| 283 | (b) Develop and implement a uniform system of indicators |
| 284 | to describe the performance of public school students and the |
| 285 | characteristics of the public school districts and the public |
| 286 | schools. These indicators must include, without limitation, |
| 287 | information gathered by the comprehensive management information |
| 288 | system created pursuant to s. 1008.385 and student achievement |
| 289 | information obtained pursuant to this section. |
| 290 | (c) Develop and implement a student achievement testing |
| 291 | program known as the Florida Comprehensive Assessment Test |
| 292 | (FCAT) as part of the statewide assessment program to measure a |
| 293 | student's content knowledge and skills in reading, writing, |
| 294 | science, and mathematics, and, by the 2012-2013 school year, |
| 295 | social studies. Other content areas may be included as directed |
| 296 | by the commissioner. Comprehensive assessments The assessment of |
| 297 | reading and mathematics shall be administered annually in grades |
| 298 | 3 through 10. Comprehensive assessments The assessment of |
| 299 | writing and science shall be administered at least once at the |
| 300 | elementary, middle, and high school levels. Comprehensive |
| 301 | assessment of social studies shall be administered at least once |
| 302 | at the middle school level. End-of-course assessments of social |
| 303 | studies shall be administered at the high school level. End-of- |
| 304 | course assessments of any other subject may be administered in |
| 305 | addition to the comprehensive assessments required under this |
| 306 | paragraph. An end-of-course assessment must be rigorous, |
| 307 | standardized, and administered statewide. The content knowledge |
| 308 | and skills assessed by comprehensive and end-of-course |
| 309 | assessments must be aligned to the core curricular content |
| 310 | established in the Sunshine State Standards. The commissioner |
| 311 | may select one or more nationally developed comprehensive |
| 312 | examinations, which may include, but are not limited to, |
| 313 | examinations for a College Board Advanced Placement course, |
| 314 | International Baccalaureate course, or Advanced International |
| 315 | Certificate of Education course, for use as end-of-course |
| 316 | assessments under this paragraph, if the commissioner determines |
| 317 | that the content knowledge and skills assessed by the |
| 318 | examinations meet or exceed the grade-level expectations of the |
| 319 | Sunshine State Standards for the course must document the |
| 320 | procedures used to ensure that the versions of the FCAT which |
| 321 | are taken by students retaking the grade 10 FCAT are equally as |
| 322 | challenging and difficult as the tests taken by students in |
| 323 | grade 10 which contain performance tasks. The testing program |
| 324 | must be designed as follows so that: |
| 325 | 1. The tests measure student skills and competencies |
| 326 | adopted by the State Board of Education as specified in |
| 327 | paragraph (a). The tests must measure and report student |
| 328 | proficiency levels of all students assessed in reading, writing, |
| 329 | mathematics, and science, and social studies. The commissioner |
| 330 | shall provide for the tests to be developed or obtained, as |
| 331 | appropriate, through contracts and project agreements with |
| 332 | private vendors, public vendors, public agencies, postsecondary |
| 333 | educational institutions, or school districts. An entity awarded |
| 334 | a contract or entering into a project agreement, or a corporate |
| 335 | affiliate or subsidiary of the entity, may not participate in |
| 336 | the development or publication of practice tests, sample test |
| 337 | items, or practice workbooks or of any other materials dedicated |
| 338 | to test-taking exercises or strategies for the tests developed |
| 339 | or obtained through the contract or project agreement, except as |
| 340 | authorized in the contract or project agreement or otherwise |
| 341 | authorized in writing by the commissioner. The commissioner |
| 342 | shall obtain input with respect to the design and implementation |
| 343 | of the testing program from assessment experts, state educators, |
| 344 | assistive technology experts, and the public. In addition, the |
| 345 | commissioner shall provide for ongoing review of the FCAT by an |
| 346 | independent test-measurement expert who provides analysis and |
| 347 | evaluation of the test and testing practices. |
| 348 | 2. The testing program shall be composed will include a |
| 349 | combination of norm-referenced and criterion-referenced tests, |
| 350 | which shall and include, to the extent determined by the |
| 351 | commissioner, include test items questions that require the |
| 352 | student to produce information or perform tasks in such a way |
| 353 | that the core content knowledge and skills and competencies he |
| 354 | or she uses can be measured. |
| 355 | 3. Beginning with the 2008-2009 school year, the |
| 356 | commissioner shall discontinue administration of the selected- |
| 357 | response test items on the comprehensive assessments of writing. |
| 358 | Beginning with the 2012-2013 school year, the comprehensive |
| 359 | assessments of writing shall be composed of a combination of |
| 360 | selected-response test items, short-response performance tasks, |
| 361 | and extended-response performance tasks, which shall measure a |
| 362 | student's content knowledge of writing, including, but not |
| 363 | limited to, paragraph and sentence structure, sentence |
| 364 | construction, grammar and usage, punctuation, capitalization, |
| 365 | spelling, parts of speech, verb tense, irregular verbs, subject- |
| 366 | verb agreement, and noun-pronoun agreement. Each testing |
| 367 | program, whether at the elementary, middle, or high school |
| 368 | level, includes a test of writing in which students are required |
| 369 | to produce writings that are then scored by appropriate and |
| 370 | timely methods. |
| 371 | 4. For each test, a score shall be is designated for each |
| 372 | subject area tested, below which score a student's performance |
| 373 | shall be is deemed inadequate. A The school district districts |
| 374 | shall provide appropriate remedial instruction to students whose |
| 375 | performance is who score below grade level these levels. |
| 376 | 5. Except as provided in s. 1003.428(8)(b) or s. |
| 377 | 1003.43(11)(b), students must earn a passing score on the grade |
| 378 | 10 assessment test described in this paragraph or attain |
| 379 | concordant scores as described in subsection (9) in reading, |
| 380 | writing, and mathematics to qualify for a standard high school |
| 381 | diploma. The State Board of Education shall designate a passing |
| 382 | score for each part of the grade 10 assessment test. In |
| 383 | establishing passing scores, the state board shall consider any |
| 384 | possible negative impact of the test on minority students. The |
| 385 | State Board of Education shall adopt rules that which specify |
| 386 | the passing scores for the grade 10 FCAT. Any such rules that, |
| 387 | which have the effect of raising the required passing scores, |
| 388 | shall only apply to students taking the grade 10 FCAT for the |
| 389 | first time after such rules are adopted by the State Board of |
| 390 | Education. |
| 391 | 6. Participation in the testing program shall be is |
| 392 | mandatory for all students attending public school, including |
| 393 | students served in Department of Juvenile Justice programs, |
| 394 | except as otherwise prescribed by the commissioner. If a student |
| 395 | does not participate in the statewide assessment, the district |
| 396 | must notify the student's parent and provide the parent with |
| 397 | information regarding the implications of such nonparticipation. |
| 398 | A parent must provide signed consent for a student to receive |
| 399 | classroom instructional accommodations that would not be |
| 400 | available or permitted on the statewide assessments and must |
| 401 | acknowledge in writing that he or she understands the |
| 402 | implications of such instructional accommodations. The State |
| 403 | Board of Education shall adopt rules, based upon recommendations |
| 404 | of the commissioner, for the provision of test accommodations |
| 405 | for students in exceptional education programs and for students |
| 406 | who have limited English proficiency. Accommodations that negate |
| 407 | the validity of a statewide assessment are not allowable in the |
| 408 | administration of the FCAT. However, instructional |
| 409 | accommodations are allowable in the classroom if included in a |
| 410 | student's individual education plan. Students using |
| 411 | instructional accommodations in the classroom that are not |
| 412 | allowable as accommodations on the FCAT may have the FCAT |
| 413 | requirement waived under pursuant to the requirements of s. |
| 414 | 1003.428(8)(b) or s. 1003.43(11)(b). |
| 415 | 7. A student seeking an adult high school diploma must |
| 416 | meet the same testing requirements that a regular high school |
| 417 | student must meet. |
| 418 | 8. District school boards must provide instruction to |
| 419 | prepare students to demonstrate proficiency in the core |
| 420 | curricular content established in the Sunshine State Standards |
| 421 | adopted under s. 1003.41, including the core content knowledge |
| 422 | and skills and competencies necessary for successful grade-to- |
| 423 | grade progression and high school graduation. If a student is |
| 424 | provided with instructional accommodations in the classroom that |
| 425 | are not allowable as accommodations in the statewide assessment |
| 426 | program, as described in the test manuals, the district must |
| 427 | inform the parent in writing and must provide the parent with |
| 428 | information regarding the impact on the student's ability to |
| 429 | meet expected proficiency levels in reading, writing, science, |
| 430 | mathematics, and social studies math. The commissioner shall |
| 431 | conduct studies as necessary to verify that the required core |
| 432 | curricular content is skills and competencies are part of the |
| 433 | district instructional programs. |
| 434 | 9. District school boards must provide opportunities for |
| 435 | students to demonstrate an acceptable level of performance on an |
| 436 | alternative standardized assessment approved by the State Board |
| 437 | of Education following enrollment in summer academies. |
| 438 | 10. The Department of Education must develop, or select, |
| 439 | and implement a common battery of assessment tools that are will |
| 440 | be used in all juvenile justice programs in the state. These |
| 441 | tools must accurately measure the core curricular content skills |
| 442 | and competencies established in the Sunshine State Standards. |
| 443 | 11. For students seeking a special diploma under pursuant |
| 444 | to s. 1003.438, the Department of Education must develop, or |
| 445 | select, and implement an alternate assessment tool that |
| 446 | accurately measures the core curricular content skills and |
| 447 | competencies established in the Sunshine State Standards for |
| 448 | students with disabilities under s. 1003.438. |
| 449 | 12. The Commissioner of Education shall establish |
| 450 | schedules for the administration of statewide assessments and |
| 451 | the reporting of student test results. The commissioner shall, |
| 452 | by August 1 of each year, notify each school district in writing |
| 453 | and publish on the department's Internet website the testing and |
| 454 | reporting schedules for, at a minimum, the school year following |
| 455 | the upcoming school year. The testing and reporting schedules |
| 456 | shall require that: |
| 457 | a. There be the latest possible administration of |
| 458 | statewide assessments and the earliest possible reporting to the |
| 459 | school districts of student test results that are feasible |
| 460 | within available technology and specific appropriations. |
| 461 | b. Beginning with the 2010-2011 school year, a |
| 462 | comprehensive statewide assessment of writing not be |
| 463 | administered earlier than the week of March 1 and a |
| 464 | comprehensive statewide assessment of any other subject not be |
| 465 | administered earlier than the week of April 15. |
| 466 | c. A statewide end-of-course assessment be administered |
| 467 | within the last 2 weeks of the course. |
| 468 | d. Student test results of statewide assessments be |
| 469 | reported by the week of the first Monday in June following |
| 470 | administration of the assessments. |
| 471 |
|
| 472 | The commissioner may, based on collaboration and input from |
| 473 | school districts, design and implement student testing programs, |
| 474 | for any grade level and subject area, necessary to effectively |
| 475 | monitor educational achievement in the state, including the |
| 476 | measurement of educational achievement of the Sunshine State |
| 477 | Standards for students with disabilities. Development and |
| 478 | refinement of assessments shall include universal design |
| 479 | principles and accessibility standards that will prevent any |
| 480 | unintended obstacles for students with disabilities while |
| 481 | ensuring the validity and reliability of the test. These |
| 482 | principles should be applicable to all technology platforms and |
| 483 | assistive devices available for the assessments. The field |
| 484 | testing process and psychometric analyses for the statewide |
| 485 | assessment program must include an appropriate percentage of |
| 486 | students with disabilities and an evaluation or determination of |
| 487 | the effect of test items on such students. |
| 488 | (d) Conduct ongoing research to develop improved methods |
| 489 | of assessing student performance, including, without limitation, |
| 490 | the use of technology to administer tests, score, or report the |
| 491 | results of, the use of electronic transfer of data, the |
| 492 | development of work-product assessments, and the development of |
| 493 | process assessments. |
| 494 | (e) Conduct ongoing research and analysis of student |
| 495 | achievement data, including, without limitation, monitoring |
| 496 | trends in student achievement by grade level and overall student |
| 497 | achievement, identifying school programs that are successful, |
| 498 | and analyzing correlates of school achievement. |
| 499 | (f) Provide technical assistance to school districts in |
| 500 | the implementation of state and district testing programs and |
| 501 | the use of the data produced pursuant to such programs. |
| 502 | (g) Study the cost and student achievement impact of |
| 503 | secondary end-of-course assessments, including web-based and |
| 504 | performance formats, and report to the Legislature prior to |
| 505 | implementation. |
| 506 | (4) DISTRICT TESTING PROGRAMS.--Each district school board |
| 507 | shall periodically assess student performance and achievement |
| 508 | within each school of the district. The assessment programs must |
| 509 | be based on the core curricular content established in the |
| 510 | Sunshine State Standards and any upon local goals and objectives |
| 511 | that are compatible with the state plan for education and that |
| 512 | supplement the core content knowledge and skills necessary for |
| 513 | successful grade-to-grade progression and high school graduation |
| 514 | and competencies adopted by the State Board of Education. All |
| 515 | school districts must participate in the statewide assessment |
| 516 | program designed to measure annual student learning and school |
| 517 | performance. All district school boards shall report assessment |
| 518 | results as required by the state management information system. |
| 519 | (5) SCHOOL TESTING PROGRAMS.--Each public school shall |
| 520 | participate in the statewide assessment program in accordance |
| 521 | with the testing and reporting schedules published by the |
| 522 | Commissioner of Education under subparagraph (3)(c)12., unless |
| 523 | specifically exempted by state board rule based on serving a |
| 524 | specialized population for which standardized testing is not |
| 525 | appropriate. Student performance data shall be analyzed and |
| 526 | reported to parents, the community, and the state. Student |
| 527 | performance data shall be used in developing objectives of the |
| 528 | school improvement plan, evaluation of instructional personnel, |
| 529 | evaluation of administrative personnel, assignment of staff, |
| 530 | allocation of resources, acquisition of instructional materials |
| 531 | and technology, performance-based budgeting, and promotion and |
| 532 | assignment of students into educational programs. The analysis |
| 533 | of student performance data also must identify strengths and |
| 534 | needs in the educational program and trends over time. The |
| 535 | analysis must be used in conjunction with the budgetary planning |
| 536 | processes developed pursuant to s. 1008.385 and the development |
| 537 | of the programs of remediation. |
| 538 | (6) REQUIRED ANALYSES.--The commissioner shall provide, at |
| 539 | a minimum, for the following analyses of data produced by the |
| 540 | student achievement testing program: |
| 541 | (a) The statistical system for the annual assessments |
| 542 | shall use measures of student learning, such as the FCAT, to |
| 543 | determine teacher, school, and school district statistical |
| 544 | distributions, which shall be determined using available data |
| 545 | from the FCAT, and other data collection as deemed appropriate |
| 546 | by the Department of Education, to measure the differences in |
| 547 | student prior year achievement compared to the current year |
| 548 | achievement for the purposes of accountability and recognition. |
| 549 | (b) The statistical system shall provide the best |
| 550 | estimates of teacher, school, and school district effects on |
| 551 | student progress. The approach used by the department shall be |
| 552 | approved by the commissioner before implementation. |
| 553 | (c) The annual testing program shall be administered to |
| 554 | provide for valid statewide comparisons of learning gains to be |
| 555 | made for purposes of accountability and recognition. The |
| 556 | commissioner shall establish a schedule for the administration |
| 557 | of the statewide assessments. In establishing such schedule, the |
| 558 | commissioner is charged with the duty to accomplish the latest |
| 559 | possible administration of the statewide assessments and the |
| 560 | earliest possible provision of the results to the school |
| 561 | districts feasible within available technology and specific |
| 562 | appropriation. District school boards shall not establish school |
| 563 | calendars that jeopardize or limit the valid testing and |
| 564 | comparison of student learning gains. |
| 565 | (7) LOCAL ASSESSMENTS.--Measurement of the learning gains |
| 566 | of students in all subjects and grade levels other than subjects |
| 567 | and grade levels required for the state student achievement |
| 568 | testing program is the responsibility of the school districts. |
| 569 | (8) APPLICABILITY OF TESTING STANDARDS.-- |
| 570 | (a) If the Commissioner of Education revises a statewide |
| 571 | assessment and the revisions require the State Board of |
| 572 | Education to modify the assessment's proficiency levels or |
| 573 | modify the passing scores required for a standard high school |
| 574 | diploma, until the state board adopts the modifications by rule, |
| 575 | the commissioner shall use calculations for scoring the |
| 576 | assessment that adjust student scores on the revised assessment |
| 577 | for statistical equivalence to student scores on the former |
| 578 | assessment. |
| 579 | (b) A student must attain meet the passing scores on a |
| 580 | statewide assessment required testing requirements for a |
| 581 | standard high school diploma graduation that were in effect at |
| 582 | the time the student entered 9th grade 9 if, provided the |
| 583 | student's enrollment was continuous. |
| 584 | (c) If the commissioner revises a statewide assessment and |
| 585 | the revisions require the State Board of Education to modify the |
| 586 | passing scores required for a standard high school diploma, the |
| 587 | commissioner may, with approval of the state board, discontinue |
| 588 | administration of the former assessment upon the graduation, |
| 589 | based on normal student progression, of students participating |
| 590 | in the final regular administration of the former assessment. |
| 591 | The state board shall adopt by rule passing scores for the |
| 592 | revised assessment that are statistically equivalent to passing |
| 593 | scores on the discontinued assessment for a student required |
| 594 | under paragraph (b) to attain passing scores on the discontinued |
| 595 | assessment. |
| 596 | (9) CONCORDANT SCORES FOR THE FCAT.-- |
| 597 | (a) The State Board of Education shall analyze the content |
| 598 | and concordant data sets for widely used high school achievement |
| 599 | tests, including, but not limited to, the PSAT, PLAN, SAT, ACT, |
| 600 | and College Placement Test, to assess if concordant scores for |
| 601 | FCAT scores can be determined for high school graduation, |
| 602 | college placement, and scholarship awards. In cases where |
| 603 | content alignment and concordant scores can be determined, the |
| 604 | Commissioner of Education shall adopt those scores as meeting |
| 605 | the graduation requirement in lieu of achieving the FCAT passing |
| 606 | score and may adopt those scores as being sufficient to achieve |
| 607 | additional purposes as determined by rule. Each time that test |
| 608 | content or scoring procedures change are changed for the FCAT or |
| 609 | for a high school achievement test for which a concordant score |
| 610 | is determined one of the identified tests, new concordant scores |
| 611 | must be determined. |
| 612 | (b) In order to use a concordant subject area score |
| 613 | pursuant to this subsection to satisfy the assessment |
| 614 | requirement for a standard high school diploma as provided in s. |
| 615 | 1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must |
| 616 | take each subject area of the grade 10 FCAT a total of three |
| 617 | times without earning a passing score. The requirements of this |
| 618 | paragraph shall not apply to a new student who enters the |
| 619 | Florida public school system in grade 12, who may either achieve |
| 620 | a passing score on the FCAT or use an approved subject area |
| 621 | concordant score to fulfill the graduation requirement. |
| 622 | (c) The State Board of Education may define by rule the |
| 623 | allowable uses, other than to satisfy the high school graduation |
| 624 | requirement, for concordant scores as described in this |
| 625 | subsection. Such uses may include, but need not be limited to, |
| 626 | achieving appropriate standardized test scores required for the |
| 627 | awarding of Florida Bright Futures Scholarships and college |
| 628 | placement. |
| 629 | (10) REPORTS.--The Department of Education shall annually |
| 630 | provide a report to the Governor, the President of the Senate, |
| 631 | and the Speaker of the House of Representatives on the |
| 632 | following: |
| 633 | (a) Longitudinal performance of students in mathematics |
| 634 | and reading. |
| 635 | (b) Longitudinal performance of students by grade level in |
| 636 | mathematics and reading. |
| 637 | (c) Longitudinal performance regarding efforts to close |
| 638 | the achievement gap. |
| 639 | (d) Longitudinal performance of students on the norm- |
| 640 | referenced component of the FCAT. |
| 641 | (d)(e) Other student performance data based on national |
| 642 | norm-referenced and criterion-referenced tests, when available, |
| 643 | and numbers of students who after 8th grade enroll in adult |
| 644 | education rather than other secondary education. |
| 645 | (11) RULES.--The State Board of Education shall adopt |
| 646 | rules under pursuant to ss. 120.536(1) and 120.54 to implement |
| 647 | the provisions of this section. |
| 648 |
|
| 649 |
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| 650 | ----------------------------------------------------- |
| 651 | T I T L E A M E N D M E N T |
| 652 | Remove lines 24-54 and insert: |
| 653 | 1003.43, 1003.63, 1006.28, and 1006.31, F.S.; conforming |
| 654 | provisions; amending s. 1006.34, F.S.; specifying additional |
| 655 | criteria for evaluating instructional materials; conforming |
| 656 | provisions; amending s. 1006.38, F.S.; conforming provisions; |
| 657 | amending s. 1006.40, F.S.; requiring instructional materials to |
| 658 | align to the Sunshine State Standards; prohibiting school |
| 659 | district expenditure of the instructional materials allocation |
| 660 | for purposes of FCAT preparation; requiring notification to |
| 661 | manufacturers and publishers; providing a penalty; authorizing |
| 662 | purchases of specified content or devices; amending s. 1008.22, |
| 663 | F.S.; revising requirements and conforming provisions relating |
| 664 | to the statewide assessment program; revising powers and duties |
| 665 | of the Commissioner of Education; requiring the FCAT to assess |
| 666 | students in social studies by a certain time; providing for end- |
| 667 | of-course assessments; requiring the content knowledge and |
| 668 | skills assessed by the FCAT and end-of-course assessments to |
| 669 | align to the Sunshine State Standards; authorizing the |
| 670 | commissioner to select certain nationally developed examinations |
| 671 | as end-of-course assessments under specified conditions; |
| 672 | deleting provisions relating to documentation of certain testing |
| 673 | procedures; providing restrictions on the development or |
| 674 | publication of test-preparation materials; deleting requirements |
| 675 | for norm-referenced tests; revising requirements for assessments |
| 676 | of writing; establishing requirements for FCAT testing and |
| 677 | reporting schedules; requiring public schools to |