Florida Senate - 2009 SB 290
By Senator Bullard
39-00249-09 2009290__
1 A bill to be entitled
2 An act relating to the Florida Comprehensive
3 Assessment Test; amending s. 1003.03, F.S.; removing
4 the requirement that a district school board adopt
5 policies for meeting class size maximums which allow a
6 student to graduate from high school if the student
7 passes the grade 10 FCAT; amending s. 1003.428, F.S.;
8 removing the requirement that a student earn a passing
9 score on the FCAT or alternative assessment to
10 graduate from high school; amending s. 1003.429, F.S.;
11 removing the requirement that a student pursuing an
12 accelerated 3-year high school graduation earn a
13 passing score on the FCAT or alternative assessment;
14 amending s. 1003.43, F.S.; conforming provisions to
15 changes made by the act; amending s. 1003.433, F.S.;
16 conforming provisions to changes made by the act
17 relating to out-of-state and out-of-country transfer
18 students and students needing additional instruction
19 to meet the requirements for high school graduation;
20 amending s. 1008.22, F.S.; conforming provisions to
21 changes made by the act relating to the statewide
22 assessment program; amending s. 1008.25, F.S.;
23 removing provisions relating to the mandatory
24 retention of a student in grade 3 who does not meet
25 the proficiency level required on the reading portion
26 of the FCAT; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (c) of subsection (3) of section
31 1003.03, Florida Statutes, is amended to read:
32 1003.03 Maximum class size.—
33 (3) IMPLEMENTATION OPTIONS.—District school boards must
34 consider, but are not limited to, implementing the following
35 items in order to meet the constitutional class size maximums
36 described in subsection (1) and the two-student-per-year
37 reduction required in subsection (2):
38 (c)1. Repeal district school board policies that require
39 students to have more than 24 credits to graduate from high
40 school.
41 2. Adopt policies that to allow students to graduate from
42 high school as soon as they pass the grade 10 FCAT and complete
43 the courses required for high school graduation.
44 Section 2. Subsection (4), paragraph (b) of subsection (7),
45 and subsection (8) of section 1003.428, Florida Statutes, are
46 amended to read:
47 1003.428 General requirements for high school graduation;
48 revised.—
49 (4) Each district school board shall establish standards
50 for graduation from its schools, which must include:
51 (a) Successful completion of the academic credit or
52 curriculum requirements of subsections (1) and (2).
53 (b) Earning passing scores on the FCAT, as defined in s.
54 1008.22(3)(c), or scores on a standardized test that are
55 concordant with passing scores on the FCAT as defined in s.
56 1008.22(10).
57 (b)(c) Completion of all other applicable requirements
58 prescribed by the district school board pursuant to s. 1008.25.
59 (c)(d) Achievement of a cumulative grade point average of
60 2.0 on a 4.0 scale, or its equivalent, in the courses required
61 by this section.
62 Each district school board shall adopt policies designed to
63 assist students in meeting the requirements of this subsection.
64 These policies may include, but are not limited to: forgiveness
65 policies, summer school or before or after school attendance,
66 special counseling, volunteers or peer tutors, school-sponsored
67 help sessions, homework hotlines, and study skills classes.
68 Forgiveness policies for required courses shall be limited to
69 replacing a grade of “D” or “F,” or the equivalent of a grade of
70 “D” or “F,” with a grade of “C” or higher, or the equivalent of
71 a grade of “C” or higher, earned subsequently in the same or
72 comparable course. Forgiveness policies for elective courses
73 shall be limited to replacing a grade of “D” or “F,” or the
74 equivalent of a grade of “D” or “F,” with a grade of “C” or
75 higher, or the equivalent of a grade of “C” or higher, earned
76 subsequently in another course. The only exception to these
77 forgiveness policies shall be made for a student in the middle
78 grades who takes any high school course for high school credit
79 and earns a grade of “C,” “D,” or “F” or the equivalent of a
80 grade of “C,” “D,” or “F.” In such case, the district
81 forgiveness policy must allow the replacement of the grade with
82 a grade of “C” or higher, or the equivalent of a grade of “C” or
83 higher, earned subsequently in the same or comparable course. In
84 all cases of grade forgiveness, only the new grade shall be used
85 in the calculation of the student's grade point average. Any
86 course grade not replaced according to a district school board
87 forgiveness policy shall be included in the calculation of the
88 cumulative grade point average required for graduation.
89 (7)
90 (b) A student who completes the minimum number of credits
91 and other requirements prescribed by subsections (1), (2), and
92 (3), but who is unable to meet the standards of paragraph (4)(b)
93 or, paragraph (4)(c), or paragraph (4)(d), shall be awarded a
94 certificate of completion in a form prescribed by the State
95 Board of Education. However, any student who is otherwise
96 entitled to a certificate of completion may elect to remain in
97 the secondary school either as a full-time student or a part
98 time student for up to 1 additional year and receive special
99 instruction designed to remedy his or her identified
100 deficiencies.
101 (8)(a) Each district school board must provide instruction
102 to prepare students with disabilities to demonstrate proficiency
103 in the core content knowledge and skills necessary for
104 successful grade-to-grade progression and high school
105 graduation.
106 (b) A student with a disability, as defined in s.
107 1007.02(2), for whom the individual education plan (IEP)
108 committee determines that the FCAT cannot accurately measure the
109 student's abilities taking into consideration all allowable
110 accommodations, shall have the FCAT requirement of paragraph
111 (4)(b) waived for the purpose of receiving a standard high
112 school diploma, if the student:
113 1. Completes the minimum number of credits and other
114 requirements prescribed by subsections (1), (2), and (3).
115 2. Does not meet the requirements of paragraph (4)(b) after
116 one opportunity in 10th grade and one opportunity in 11th grade.
117 Section 3. Subsections (6), (7), and (8) of section
118 1003.429, Florida Statutes, are amended to read:
119 1003.429 Accelerated high school graduation options.—
120 (6) Students pursuing accelerated 3-year high school
121 graduation options pursuant to paragraph (1)(b) or paragraph
122 (1)(c) are required to:
123 (a) Earn passing scores on the FCAT as defined in s.
124 1008.22(3)(c) or scores on a standardized test that are
125 concordant with passing scores on the FCAT as defined in s.
126 1008.22(10).
127 (a)(b)1. Achieve a cumulative weighted grade point average
128 of 3.5 on a 4.0 scale, or its equivalent, in the courses
129 required for the college preparatory accelerated 3-year high
130 school graduation option pursuant to paragraph (1)(b); or
131 2. Achieve a cumulative weighted grade point average of 3.0
132 on a 4.0 scale, or its equivalent, in the courses required for
133 the career preparatory accelerated 3-year high school graduation
134 option pursuant to paragraph (1)(c).
135 (b)(c) Receive a weighted or unweighted grade that earns at
136 least 3.0 points, or its equivalent, to earn course credit
137 toward the 18 credits required for the college preparatory
138 accelerated 3-year high school graduation option pursuant to
139 paragraph (1)(b).
140 (c)(d) Receive a weighted or unweighted grade that earns at
141 least 2.0 points, or its equivalent, to earn course credit
142 toward the 18 credits required for the career preparatory
143 accelerated 3-year high school graduation option pursuant to
144 paragraph (1)(c).
145 Weighted grades referred to in paragraphs (b), (c), and (d)
146 shall be applied to those courses specifically listed or
147 identified by the department as rigorous pursuant to s.
148 1009.531(3) or weighted by the district school board for class
149 ranking purposes.
150 (7) If, at the end of grade 10, a student is not on track
151 to meet the credit, assessment, or grade-point-average
152 requirements of the accelerated graduation option selected, the
153 school shall notify the student and parent of the following:
154 (a) The requirements that the student is not currently
155 meeting.
156 (b) The specific performance necessary in grade 11 for the
157 student to meet the accelerated graduation requirements.
158 (c) The right of the student to change to the 4-year
159 program set forth in s. 1003.43.
160 (8) A student who selected one of the accelerated 3-year
161 graduation options shall automatically move to the 4-year
162 program set forth in s. 1003.43 if the student:
163 (a) Exercises his or her right to change to the 4-year
164 program;
165 (b) Fails to earn 5 credits by the end of grade 9 or fails
166 to earn 11 credits by the end of grade 10;
167 (c) Does not achieve a score of 3 or higher on the grade 10
168 FCAT Writing assessment; or
169 (c)(d) By the end of grade 11 does not meet the
170 requirements of subsections (1) and (6).
171 Section 4. Subsection (5), paragraph (b) of subsection
172 (10), and subsection (11) of section 1003.43, Florida Statutes,
173 are amended to read:
174 1003.43 General requirements for high school graduation.—
175 (5) Each district school board shall establish standards
176 for graduation from its schools, and these standards must
177 include:
178 (a) Earning passing scores on the FCAT, as defined in s.
179 1008.22(3)(c), or scores on a standardized test that are
180 concordant with passing scores on the FCAT as defined in s.
181 1008.22(10).
182 (a)(b) Completion of all other applicable requirements
183 prescribed by the district school board pursuant to s. 1008.25.
184 (b)(c) Achievement of a cumulative grade point average of
185 1.5 on a 4.0 scale, or its equivalent, for students entering 9th
186 grade before the 1997-1998 school year; however, these students
187 must earn a cumulative grade point average of 2.0 on a 4.0
188 scale, or its equivalent, in the courses required by subsection
189 (1) which that are taken after July 1, 1997, or have an overall
190 cumulative grade point average of 2.0 or above.
191 (c)(d) Achievement of a cumulative grade point average of
192 2.0 on a 4.0 scale, or its equivalent, in the courses required
193 by subsection (1), for students entering 9th grade in the 1997
194 1998 school year and thereafter.
195 (d)(e) For purposes of paragraphs (b) (c) and (c) (d):
196 1. Each district school board shall adopt policies designed
197 to assist students in meeting these requirements. These policies
198 may include, but are not limited to: forgiveness policies,
199 summer school or before or after school attendance, special
200 counseling, volunteer or and/or peer tutors, school-sponsored
201 help sessions, homework hotlines, and study skills classes.
202 Beginning in the 2000-2001 school year and each year thereafter,
203 forgiveness policies for required courses shall be limited to
204 replacing a grade of “D” or “F,” or the equivalent of a grade of
205 “D” or “F,” with a grade of “C” or higher, or the equivalent of
206 a grade of “C” or higher, earned subsequently in the same or
207 comparable course. Forgiveness policies for elective courses
208 shall be limited to replacing a grade of “D” or “F,” or the
209 equivalent of a grade of “D” or “F,” with a grade of “C” or
210 higher, or the equivalent of a grade of “C” or higher, earned
211 subsequently in another course. Any course grade not replaced
212 according to a district school board forgiveness policy shall be
213 included in the calculation of the cumulative grade point
214 average required for graduation.
215 2. At the end of each semester, the parent of each student
216 in grades 9, 10, 11, and 12 who has a cumulative grade point
217 average of less than 0.5 above the cumulative grade point
218 average required for graduation shall be notified that the
219 student is at risk of not meeting the requirements for
220 graduation. The notice shall contain an explanation of the
221 policies the district school board has in place to assist the
222 student in meeting the grade point average requirement.
223 3. Special assistance to obtain a high school equivalency
224 diploma pursuant to s. 1003.435 may be given only if when the
225 student has completed all requirements for graduation except the
226 attainment of the required cumulative grade point average.
227 The standards required in this subsection, and any subsequent
228 modifications, shall be reprinted in the Florida Administrative
229 Code even though not defined as “rules.”
230 (10)
231 (b) A student who completes the minimum number of credits
232 and other requirements prescribed by subsections (1) and (4),
233 but who is unable to meet the standards of paragraph (5)(a) or,
234 paragraph (5)(b), or paragraph (5)(c), shall be awarded a
235 certificate of completion in a form prescribed by the State
236 Board of Education. However, any student who is otherwise
237 entitled to a certificate of completion may elect to remain in
238 the secondary school either as a full-time student or a part
239 time student for up to 1 additional year and receive special
240 instruction designed to remedy his or her identified
241 deficiencies.
242 (11)(a) Each district school board must provide instruction
243 to prepare students with disabilities to demonstrate proficiency
244 in the core content knowledge and skills necessary for
245 successful grade-to-grade progression and high school
246 graduation.
247 (b) A student with a disability, as defined in s.
248 1007.02(2), for whom the individual educational plan (IEP)
249 committee determines that the FCAT cannot accurately measure the
250 student's abilities taking into consideration all allowable
251 accommodations, shall have the FCAT requirement of paragraph
252 (5)(a) waived for the purpose of receiving a standard high
253 school diploma, if the student:
254 1. Completes the minimum number of credits and other
255 requirements prescribed by subsections (1) and (4).
256 2. Does not meet the requirements of paragraph (5)(a) after
257 one opportunity in 10th grade and one opportunity in 11th grade.
258 Section 5. Section 1003.433, Florida Statutes, is amended
259 to read:
260 1003.433 Learning opportunities for out-of-state and out
261 of-country transfer students and students needing additional
262 instruction to meet high school graduation requirements.—
263 (1) A student Students who enters enter a Florida public
264 school at the eleventh or twelfth grade from out of state or
265 from a foreign country may shall not be required to spend
266 additional time in a Florida public school in order to meet the
267 high school course requirements if the student has met all
268 requirements of the school district, state, or country from
269 which he or she is transferring. A student Such students who is
270 are not proficient in English should receive immediate and
271 intensive instruction in English language acquisition. However,
272 to receive a standard high school diploma, the a transfer
273 student must earn a 2.0 grade point average and pass the grade
274 10 FCAT required in s. 1008.22(3) or an alternate assessment as
275 described in s. 1008.22(10).
276 (2) Students who have met all requirements for the standard
277 high school diploma except for passage of the grade 10 FCAT or
278 an alternate assessment by the end of grade 12 must be provided
279 the following learning opportunities:
280 (a) Participation in an accelerated high school equivalency
281 diploma preparation program during the summer.
282 (b) Upon receipt of a certificate of completion, be allowed
283 to take the College Placement Test and be admitted to remedial
284 or credit courses at a state community college, as appropriate.
285 (c) Participation in an adult general education program as
286 provided in s. 1004.93 for such time as the student requires to
287 master English, reading, mathematics, or any other subject
288 required for high school graduation. Students attending adult
289 basic, adult secondary, or vocational-preparatory instruction
290 are exempt from any requirement for the payment of tuition and
291 fees, including lab fees, pursuant to s. 1009.25. A student
292 attending an adult general education program shall have the
293 opportunity to take the grade 10 FCAT an unlimited number of
294 times in order to receive a standard high school diploma.
295 (3) Students who have been enrolled in an ESOL program for
296 less than 2 school years and have met all requirements for the
297 standard high school diploma except for passage of the grade 10
298 FCAT or alternate assessment may receive immersion English
299 language instruction during the summer following their senior
300 year. Students receiving such instruction are eligible to take
301 the FCAT or alternate assessment and receive a standard high
302 school diploma upon passage of the grade 10 FCAT or the
303 alternate assessment. This subsection shall be implemented to
304 the extent funding is provided in the General Appropriations
305 Act.
306 (2)(4) The district school superintendent shall notify be
307 responsible for notifying all students of the consequences of
308 failing failure to receive a standard high school diploma,
309 including the potential ineligibility for financial assistance
310 at postsecondary educational institutions.
311 (3)(5) The State Board of Education may adopt rules
312 pursuant to ss. 120.536(1) and 120.54 to administer this
313 section.
314 Section 6. Paragraph (c) of subsection (1), paragraph (c)
315 of subsection (3), and subsections (9) and (10) of section
316 1008.22, Florida Statutes, are amended to read:
317 1008.22 Student assessment program for public schools.—
318 (1) PURPOSE.—The primary purposes of the student assessment
319 program are to provide information needed to improve the public
320 schools by enhancing the learning gains of all students and to
321 inform parents of the educational progress of their public
322 school children. The program must be designed to:
323 (c) Identify the educational strengths and needs of
324 students and the readiness of students to be promoted to the
325 next grade level or to graduate from high school with a standard
326 or special high school diploma.
327 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
328 design and implement a statewide program of educational
329 assessment that provides information for the improvement of the
330 operation and management of the public schools, including
331 schools operating for the purpose of providing educational
332 services to youth in Department of Juvenile Justice programs.
333 The commissioner may enter into contracts for the continued
334 administration of the assessment, testing, and evaluation
335 programs authorized and funded by the Legislature. Contracts may
336 be initiated in 1 fiscal year and continue into the next and may
337 be paid from the appropriations of either or both fiscal years.
338 The commissioner is authorized to negotiate for the sale or
339 lease of tests, scoring protocols, test scoring services, and
340 related materials developed pursuant to law. Pursuant to the
341 statewide assessment program, the commissioner shall:
342 (c) Develop and implement a student achievement testing
343 program known as the Florida Comprehensive Assessment Test
344 (FCAT) as part of the statewide assessment program to measure a
345 student's content knowledge and skills in reading, writing,
346 science, and mathematics. Other content areas may be included as
347 directed by the commissioner. Comprehensive assessments of
348 reading and mathematics shall be administered annually in grades
349 3 through 10. Comprehensive assessments of writing and science
350 shall be administered at least once at the elementary, middle,
351 and high school levels. End-of-course assessments for a subject
352 may be administered in addition to the comprehensive assessments
353 required for that subject under this paragraph. An end-of-course
354 assessment must be rigorous, statewide, standardized, and
355 developed or approved by the department. The content knowledge
356 and skills assessed by comprehensive and end-of-course
357 assessments must be aligned to the core curricular content
358 established in the Sunshine State Standards. The commissioner
359 may select one or more nationally developed comprehensive
360 examinations, which may include, but need not be limited to,
361 examinations for a College Board Advanced Placement course,
362 International Baccalaureate course, or Advanced International
363 Certificate of Education course or industry-approved
364 examinations to earn national industry certifications as defined
365 in s. 1003.492, for use as end-of-course assessments under this
366 paragraph, if the commissioner determines that the content
367 knowledge and skills assessed by the examinations meet or exceed
368 the grade level expectations for the core curricular content
369 established for the course in the Next Generation Sunshine State
370 Standards. The commissioner may collaborate with the American
371 Diploma Project in the adoption or development of rigorous end
372 of-course assessments that are aligned to the Next Generation
373 Sunshine State Standards. The testing program must be designed
374 as follows:
375 1. The tests shall measure student skills and competencies
376 adopted by the State Board of Education as specified in
377 paragraph (a). The tests must measure and report student
378 proficiency levels of all students assessed in reading, writing,
379 mathematics, and science. The commissioner shall provide for the
380 tests to be developed or obtained, as appropriate, through
381 contracts and project agreements with private vendors, public
382 vendors, public agencies, postsecondary educational
383 institutions, or school districts. The commissioner shall obtain
384 input with respect to the design and implementation of the
385 testing program from state educators, assistive technology
386 experts, and the public.
387 2. The testing program shall be composed of criterion
388 referenced tests that shall, to the extent determined by the
389 commissioner, include test items that require the student to
390 produce information or perform tasks in such a way that the core
391 content knowledge and skills he or she uses can be measured.
392 3. Beginning with the 2008-2009 school year, the
393 commissioner shall discontinue administration of the selected
394 response test items on the comprehensive assessments of writing.
395 Beginning with the 2012-2013 school year, the comprehensive
396 assessments of writing shall be composed of a combination of
397 selected-response test items, short-response performance tasks,
398 and extended-response performance tasks, which shall measure a
399 student's content knowledge of writing, including, but not
400 limited to, paragraph and sentence structure, sentence
401 construction, grammar and usage, punctuation, capitalization,
402 spelling, parts of speech, verb tense, irregular verbs, subject
403 verb agreement, and noun-pronoun agreement.
404 4. A score shall be designated for each subject area
405 tested, below which score a student's performance is deemed
406 inadequate. The school districts shall provide appropriate
407 remedial instruction to students who score below these levels.
408 5. Except as provided in s. 1003.428(8)(b) or s.
409 1003.43(11)(b), students must earn a passing score on the grade
410 10 assessment test described in this paragraph or attain
411 concordant scores as described in subsection (10) in reading,
412 writing, and mathematics to qualify for a standard high school
413 diploma. The State Board of Education shall designate a passing
414 score for each part of the grade 10 assessment test. In
415 establishing passing scores, the state board shall consider any
416 possible negative impact of the test on minority students. The
417 State Board of Education shall adopt rules which specify the
418 passing scores for the grade 10 FCAT. Any such rules, which have
419 the effect of raising the required passing scores, shall apply
420 only to students taking the grade 10 FCAT for the first time
421 after such rules are adopted by the State Board of Education.
422 5.6. Participation in the testing program is mandatory for
423 all students attending public school, including students served
424 in Department of Juvenile Justice programs, except as otherwise
425 prescribed by the commissioner. If a student does not
426 participate in the statewide assessment, the district must
427 notify the student's parent and provide the parent with
428 information regarding the implications of such nonparticipation.
429 A parent must provide signed consent for a student to receive
430 classroom instructional accommodations that would not be
431 available or permitted on the statewide assessments and must
432 acknowledge in writing that he or she understands the
433 implications of such instructional accommodations. The State
434 Board of Education shall adopt rules, based upon recommendations
435 of the commissioner, for the provision of test accommodations
436 for students in exceptional education programs and for students
437 who have limited English proficiency. Accommodations that negate
438 the validity of a statewide assessment are not permitted
439 allowable in the administration of the FCAT. However,
440 instructional accommodations are permitted allowable in the
441 classroom if included in a student's individual education plan.
442 Students using instructional accommodations in the classroom
443 that are not allowable as accommodations on the FCAT may have
444 the FCAT requirement waived pursuant to the requirements of s.
445 1003.428(8)(b) or s. 1003.43(11)(b).
446 7. A student seeking an adult high school diploma must meet
447 the same testing requirements that a regular high school student
448 must meet.
449 6.8. District school boards must provide instruction to
450 prepare students to demonstrate proficiency in the core
451 curricular content established in the Next Generation Sunshine
452 State Standards adopted pursuant to under s. 1003.41, including
453 the core content knowledge and skills necessary for successful
454 grade-to-grade progression and high school graduation. If a
455 student is provided with instructional accommodations in the
456 classroom that are not permitted allowable as accommodations in
457 the statewide assessment program, as described in the test
458 manuals, the district must inform the parent in writing and must
459 provide the parent with information regarding the impact on the
460 student's ability to meet expected proficiency levels in
461 reading, writing, and mathematics. The commissioner shall
462 conduct studies as necessary to verify that the required core
463 curricular content is part of the district instructional
464 programs.
465 7.9. District school boards must provide opportunities for
466 students to demonstrate an acceptable level of performance on an
467 alternative standardized assessment approved by the State Board
468 of Education following enrollment in summer academies.
469 8.10. The Department of Education must develop, or select,
470 and implement a common battery of assessment tools that will be
471 used in all juvenile justice programs in the state. These tools
472 must accurately measure the core curricular content established
473 in the Sunshine State Standards.
474 9.11. For students with disabilities who are seeking a
475 special diploma pursuant to s. 1003.438, the Department of
476 Education must develop or select and implement an alternate
477 assessment tool that accurately measures the core curricular
478 content established in the Sunshine State Standards for students
479 with disabilities under s. 1003.438.
480 10.12. The Commissioner of Education shall establish
481 schedules for the administration of statewide assessments and
482 the reporting of student test results. The commissioner shall,
483 by August 1 of each year, notify each school district in writing
484 and publish on the department's Internet website the testing and
485 reporting schedules for, at a minimum, the school year following
486 the upcoming school year. The testing and reporting schedules
487 must shall require that:
488 a. There is the latest possible administration of statewide
489 assessments and the earliest possible reporting to the school
490 districts of student test results which is feasible within
491 available technology and specific appropriations; however, test
492 results must be made available no later than the final day of
493 the regular school year for students.
494 b. Beginning with the 2010-2011 school year, a
495 comprehensive statewide assessment of writing is not
496 administered earlier than the week of March 1 and a
497 comprehensive statewide assessment of any other subject is not
498 administered earlier than the week of April 15.
499 c. A statewide standardized end-of-course assessment is
500 administered within the last 2 weeks of the course.
501 The commissioner may, based on collaboration and input from
502 school districts, design and implement student testing programs,
503 for any grade level and subject area, necessary to effectively
504 monitor educational achievement in the state, including the
505 measurement of educational achievement of the Sunshine State
506 Standards for students with disabilities. Development and
507 refinement of assessments shall include universal design
508 principles and accessibility standards that will prevent any
509 unintended obstacles for students with disabilities while
510 ensuring the validity and reliability of the test. These
511 principles must apply should be applicable to all technology
512 platforms and assistive devices available for the assessments.
513 The field testing process and psychometric analyses for the
514 statewide assessment program must include an appropriate
515 percentage of students with disabilities and an evaluation or
516 determination of the effect of test items on such students.
517 (9) APPLICABILITY OF TESTING STANDARDS.—
518 (a) If the Commissioner of Education revises a statewide
519 assessment and the revisions require the State Board of
520 Education to modify the assessment's proficiency levels or
521 modify the passing scores required for a standard high school
522 diploma, until the state board adopts the modifications by rule,
523 the commissioner shall use calculations for scoring the
524 assessment which adjust student scores on the revised assessment
525 for statistical equivalence to student scores on the former
526 assessment.
527 (b) A student must attain the passing scores on the
528 statewide assessment required for a standard high school diploma
529 which are in effect at the time the student enters grade 9 if
530 the student's enrollment is continuous.
531 (c) If the commissioner revises a statewide assessment and
532 the revisions require the State Board of Education to modify the
533 passing scores required for a standard high school diploma, the
534 commissioner may, with approval of the state board, discontinue
535 administration of the former assessment upon the graduation,
536 based on normal student progression, of students participating
537 in the final regular administration of the former assessment.
538 The state board shall adopt by rule passing scores for the
539 revised assessment which are statistically equivalent to passing
540 scores on the discontinued assessment for a student required
541 under paragraph (b) to attain passing scores on the discontinued
542 assessment.
543 (10) CONCORDANT SCORES FOR THE FCAT.—
544 (a) The State Board of Education shall analyze the content
545 and concordant data sets for widely used high school achievement
546 tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
547 and College Placement Test, to assess if concordant scores for
548 FCAT scores can be determined for high school graduation,
549 college placement, and scholarship awards. In cases where
550 content alignment and concordant scores can be determined, the
551 Commissioner of Education shall adopt those scores as meeting
552 the graduation requirement in lieu of achieving the FCAT passing
553 score and may adopt those scores as being sufficient to achieve
554 additional purposes as determined by rule. Each time that test
555 content or scoring procedures change for the FCAT or for a high
556 school achievement test for which a concordant score is
557 determined, new concordant scores must be determined.
558 (b) In order to use a concordant subject area score
559 pursuant to this subsection to satisfy the assessment
560 requirement for a standard high school diploma as provided in s.
561 1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
562 take each subject area of the grade 10 FCAT a total of three
563 times without earning a passing score. The requirements of this
564 paragraph shall not apply to a new student who enters the
565 Florida public school system in grade 12, who may either achieve
566 a passing score on the FCAT or use an approved subject area
567 concordant score to fulfill the graduation requirement.
568 (b)(c) The State Board of Education may define by rule the
569 allowable uses, other than to satisfy the high school graduation
570 requirement, for concordant scores as described in this
571 subsection. Such uses may include, but need not be limited to,
572 achieving appropriate standardized test scores required for the
573 awarding of Florida Bright Futures Scholarships and college
574 placement.
575 Section 7. Subsections (3), (5), (6), and (7) of section
576 1008.25, Florida Statutes, are amended to read:
577 1008.25 Public school student progression; remedial
578 instruction; reporting requirements.—
579 (3) ALLOCATION OF RESOURCES.—District school boards shall
580 allocate remedial and supplemental instruction resources to
581 students in the following priority:
582 (a) Students who are deficient in reading by the end of
583 grade 3.
584 (b) Students who fail to meet performance levels required
585 for promotion consistent with the district school board's plan
586 for student progression required in paragraph (2)(b).
587 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
588 (a) It is the ultimate goal of the Legislature that every
589 student read at or above grade level. Any student who exhibits a
590 substantial deficiency in reading, based upon locally determined
591 or statewide assessments conducted in kindergarten or grade 1,
592 grade 2, or grade 3, or through teacher observations, must be
593 given intensive reading instruction immediately following the
594 identification of the reading deficiency. The student's reading
595 proficiency must be reassessed by locally determined assessments
596 or through teacher observations at the beginning of the grade
597 following the intensive reading instruction. The student must
598 continue to be provided with intensive reading instruction until
599 the reading deficiency is remedied.
600 (b) Beginning with the 2002-2003 school year, if the
601 student's reading deficiency, as identified in paragraph (a), is
602 not remedied by the end of grade 3, as demonstrated by scoring
603 at Level 2 or higher on the statewide assessment test in reading
604 for grade 3, the student must be retained.
605 (b)(c) The parent of any student who exhibits a substantial
606 deficiency in reading, as described in paragraph (a), must be
607 notified in writing of the following:
608 1. That his or her child has been identified as having a
609 substantial deficiency in reading.
610 2. A description of the current services that are provided
611 to the child.
612 3. A description of the proposed supplemental instructional
613 services and supports that will be provided to the child which
614 that are designed to remediate the identified area of reading
615 deficiency.
616 4. That if the child's reading deficiency is not remediated
617 by the end of grade 3, the child must be retained unless he or
618 she is exempt from mandatory retention for good cause.
619 4.5. Strategies for parents to use in helping their child
620 succeed in reading proficiency.
621 5.6. That the Florida Comprehensive Assessment Test (FCAT)
622 is not the sole determiner of promotion and that additional
623 evaluations, portfolio reviews, and assessments are available to
624 the child to assist parents and the school district in knowing
625 when a child is reading at or above grade level and ready for
626 grade promotion.
627 6.7. The district's specific criteria and policies for
628 midyear promotion. Midyear promotion means promotion of a
629 retained student at any time during the year of retention once
630 the student has demonstrated ability to read at grade level.
631 (6) ELIMINATION OF SOCIAL PROMOTION.—
632 (a) A No student may not be assigned to a grade level based
633 solely on age or other factors that constitute social promotion.
634 (b) The district school board may only exempt a student
635 students from mandatory retention, as provided in paragraph
636 (5)(b), for good cause. An exemption for good cause exemptions
637 shall be limited to the following:
638 1. Limited English proficient students who have had less
639 than 2 years of instruction in an English for Speakers of Other
640 Languages program.
641 2. Students with disabilities whose individual education
642 plan indicates that participation in the statewide assessment
643 program is not appropriate, consistent with the requirements of
644 State Board of Education rule.
645 3. Students who demonstrate an acceptable level of
646 performance on an alternative standardized reading assessment
647 approved by the State Board of Education.
648 4. Students who demonstrate, through a student portfolio,
649 that the student is reading on grade level as evidenced by
650 demonstration of mastery of the Sunshine State Standards in
651 reading equal to at least a Level 2 performance on the FCAT.
652 5. Students with disabilities who participate in the FCAT
653 and who have an individual education plan or a Section 504 plan
654 that reflects that the student has received intensive
655 remediation in reading for more than 2 years but still
656 demonstrates a deficiency in reading and was previously retained
657 in kindergarten, grade 1, grade 2, or grade 3.
658 6. Students who have received intensive remediation in
659 reading for 2 or more years but still demonstrate a deficiency
660 in reading and who were previously retained in kindergarten,
661 grade 1, grade 2, or grade 3 for a total of 2 years. Intensive
662 reading instruction for students so promoted must include an
663 altered instructional day that includes specialized diagnostic
664 information and specific reading strategies for each student.
665 The district school board shall assist schools and teachers to
666 implement reading strategies that research has shown to be
667 successful in improving reading among low-performing readers.
668 (c) A request Requests for exemption good cause exemptions
669 for students from the mandatory retention requirement as
670 described in subparagraphs (b)3. and 4. shall be made consistent
671 with the following:
672 1. Documentation shall be submitted from the student's
673 teacher to the school principal which that indicates that the
674 promotion of the student is appropriate and is based upon the
675 student's academic record. In order to minimize paperwork
676 requirements, such documentation shall consist only of the
677 existing progress monitoring plan, individual educational plan,
678 if applicable, report card, or student portfolio.
679 2. The school principal shall review and discuss the such
680 recommendation with the teacher and determine make the
681 determination as to whether the student should be promoted or
682 retained. If the school principal determines that the student
683 should be promoted, the school principal shall recommend the
684 promotion make such recommendation in writing to the district
685 school superintendent. The district school superintendent shall
686 accept or reject the school principal's recommendation in
687 writing.
688 (7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.—
689 (a) A student who is Students retained under the provisions
690 of paragraph (5)(b) must be provided intensive interventions in
691 reading to ameliorate the student's specific reading deficiency,
692 as identified by a valid and reliable diagnostic assessment.
693 This intensive intervention must include effective instructional
694 strategies, participation in the school district's summer
695 reading camp, and appropriate teaching methodologies necessary
696 to assist the student those students in becoming a successful
697 reader who is readers, able to read at or above grade level, and
698 ready for promotion to the next grade.
699 (b) Beginning with the 2004-2005 school year, Each school
700 district shall:
701 1. Conduct a review of student progress monitoring plans
702 for all students who have not met the proficiency level required
703 did not score above Level 1 on the reading portion of the FCAT
704 and did not meet the criteria for one of the good cause
705 exemptions in paragraph (6)(b). The review must shall address
706 additional supports and services, as described in this
707 subsection, needed to remediate the identified areas of reading
708 deficiency. The school district shall require that a student
709 portfolio to be completed for each such student.
710 2. Provide a student students who is are retained under the
711 provisions of paragraph (5)(b) with intensive instructional
712 services and supports to remediate the identified areas of
713 reading deficiency, including a minimum of 90 minutes of daily,
714 uninterrupted, scientifically research-based reading instruction
715 and other strategies prescribed by the school district, which
716 may include, but are not limited to:
717 a. Small group instruction.
718 b. Reduced teacher-student ratios.
719 c. More frequent progress monitoring.
720 d. Tutoring or mentoring.
721 e. Transitional Transition classes containing students who
722 are in the same grade as the student and students who are in the
723 next grade level containing 3rd and 4th grade students.
724 f. Extended school day, week, or year.
725 g. Summer reading camps.
726 3. Provide written notification to the parent of any
727 student who is retained under the provisions of paragraph (5)(b)
728 that his or her child has not met the proficiency level required
729 for promotion and the reasons the child is not eligible for an a
730 good cause exemption for good cause as provided in paragraph
731 (6)(b). The notification must comply with the provisions of s.
732 1002.20(15) and must include a description of proposed
733 interventions and supports that will be provided to the child to
734 remediate the identified areas of reading deficiency.
735 4. Implement a policy for the midyear promotion of any
736 student who is retained and under the provisions of paragraph
737 (5)(b) who can demonstrate that he or she is a successful and
738 independent reader, reading at or above grade level, and ready
739 to be promoted to the next grade level to grade 4. Tools that
740 school districts may use in reevaluating any student retained
741 may include subsequent assessments, alternative assessments, and
742 portfolio reviews, in accordance with the rules of the State
743 Board of Education. Students promoted during the school year
744 after November 1 must demonstrate proficiency above that
745 required to score at Level 2 on the grade 3 FCAT, as determined
746 by the State Board of Education. The State Board of Education
747 shall adopt standards that provide a reasonable expectation that
748 the student's progress is sufficient to master appropriate 4th
749 grade level reading skills.
750 5. Provide a student students who is are retained under the
751 provisions of paragraph (5)(b) with a high-performing teacher as
752 determined by student performance data and above-satisfactory
753 performance appraisals.
754 6. In addition to required reading enhancement and
755 acceleration strategies, provide parents of students who are to
756 be retained with at least one of the following instructional
757 options:
758 a. Supplemental tutoring in scientifically research-based
759 reading services in addition to the regular reading block,
760 including tutoring before or and/or after school.
761 b. A “Read at Home” plan outlined in a parental contract,
762 including participation in “Families Building Better Readers
763 Workshops” and regular parent-guided home reading.
764 c. A mentor or tutor having with specialized reading
765 training.
766 7. Establish a Reading Enhancement and Acceleration
767 Development (READ) Initiative. The focus of the READ Initiative
768 shall be to prevent the retention of grade 3 students and to
769 offer intensive accelerated reading instruction to grade 3
770 students who failed to meet standards for promotion to grade 4
771 and to each K-3 student who is assessed as exhibiting a reading
772 deficiency. The READ Initiative shall:
773 a. Be provided to all K-3 students at risk of retention as
774 identified by the statewide assessment system used in Reading
775 First schools. The assessment must measure phonemic awareness,
776 phonics, fluency, vocabulary, and comprehension.
777 b. Be provided during regular school hours in addition to
778 the regular reading instruction.
779 c. Provide a state-identified reading curriculum that has
780 been reviewed by the Florida Center for Reading Research at
781 Florida State University and meets, at a minimum, the following
782 specifications:
783 (I) Assists a student who is students assessed as
784 exhibiting a reading deficiency in developing the ability to
785 read at grade level.
786 (II) Provides skill development in phonemic awareness,
787 phonics, fluency, vocabulary, and comprehension.
788 (III) Provides scientifically based and reliable
789 assessment.
790 (IV) Provides initial and ongoing analysis of the each
791 student's reading progress.
792 (V) Is implemented during regular school hours.
793 (VI) Provides a curriculum in core academic subjects to
794 assist the student in maintaining or meeting proficiency levels
795 for the appropriate grade in all academic subjects.
796 8. Establish at each school, where applicable, an Intensive
797 Acceleration Class for retained grade 3 students who do not meet
798 the proficiency level required subsequently score at Level 1 on
799 the reading portion of the FCAT. The focus of the Intensive
800 Acceleration Class shall be to increase a child's reading level
801 at least two grade levels in 1 school year. The Intensive
802 Acceleration Class shall:
803 a. Be provided to any student in grade 3 who does not meet
804 the proficiency level required scores at Level 1 on the reading
805 portion of the FCAT and who was retained in grade 3 the prior
806 year because the student did not meet the proficiency level
807 required of scoring at Level 1 on the reading portion of the
808 FCAT.
809 b. Have a reduced teacher-student ratio.
810 c. Provide uninterrupted reading instruction for the
811 majority of student contact time each day and incorporate
812 opportunities to master the appropriate grade level grade 4
813 Sunshine State Standards in other core subject areas.
814 d. Use a reading program that is scientifically research
815 based and has proven results in accelerating student reading
816 achievement within the same school year.
817 e. Provide intensive language and vocabulary instruction
818 using a scientifically research-based program, including use of
819 a speech-language therapist.
820 f. Include weekly progress monitoring measures to ensure
821 that progress is being made.
822 g. Report to the Department of Education, in the manner
823 described by the department, the progress of students in the
824 class at the end of the first semester.
825 9. Report to the State Board of Education, as requested, on
826 the specific intensive reading interventions and supports
827 implemented at the school district level. The Commissioner of
828 Education shall annually prescribe the required components of
829 requested reports.
830 10. Provide a student who has been retained in grade 3 and
831 has received intensive instructional services but is still not
832 ready for grade promotion, as determined by the school district,
833 the option of being placed in a transitional instructional
834 setting. Such setting shall specifically be designed to produce
835 learning gains sufficient to meet appropriate grade level grade
836 4 performance standards while continuing to remediate the areas
837 of reading deficiency.
838 Section 8. This act shall take effect July 1, 2009.