Florida Senate - 2009 SB 88 By Senator Wilson 33-00075-09 200988__ 1 A bill to be entitled 2 An act relating to the statewide educational 3 assessment program; amending s. 1008.22, F.S.; 4 requiring that the Commissioner of Education receive 5 input as to the statewide educational assessment 6 program from a minimum of two persons recommended by 7 the Florida School for the Deaf and the Blind and from 8 a minimum of two persons recommended by the Americans 9 with Disabilities Working Group; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (c) of subsection (3) of section 15 1008.22, Florida Statutes, is amended to read: 16 1008.22 Student assessment program for public schools.— 17 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall 18 design and implement a statewide program of educational 19 assessment that provides information for the improvement of the 20 operation and management of the public schools, including 21 schools operating for the purpose of providing educational 22 services to youth in Department of Juvenile Justice programs. 23 The commissioner may enter into contracts for the continued 24 administration of the assessment, testing, and evaluation 25 programs authorized and funded by the Legislature. Contracts may 26 be initiated in 1 fiscal year and continue into the next and may 27 be paid from the appropriations of either or both fiscal years. 28 The commissioner is authorized to negotiate for the sale or 29 lease of tests, scoring protocols, test scoring services, and 30 related materials developed pursuant to law. Pursuant to the 31 statewide assessment program, the commissioner shall: 32 (c) Develop and implement a student achievement testing 33 program known as the Florida Comprehensive Assessment Test 34 (FCAT) as part of the statewide assessment program to measure a 35 student's content knowledge and skills in reading, writing, 36 science, and mathematics. Other content areas may be included as 37 directed by the commissioner. Comprehensive assessments of 38 reading and mathematics shall be administered annually in grades 39 3 through 10. Comprehensive assessments of writing and science 40 shall be administered at least once at the elementary, middle, 41 and high school levels. End-of-course assessments for a subject 42 may be administered in addition to the comprehensive assessments 43 required for that subject under this paragraph. An end-of-course 44 assessment must be rigorous, statewide, standardized, and 45 developed or approved by the department. The content knowledge 46 and skills assessed by comprehensive and end-of-course 47 assessments must be aligned to the core curricular content 48 established in the Sunshine State Standards. The commissioner 49 may select one or more nationally developed comprehensive 50 examinations, which may include, but need not be limited to, 51 examinations for a College Board Advanced Placement course, 52 International Baccalaureate course, or Advanced International 53 Certificate of Education course or industry-approved 54 examinations to earn national industry certifications as defined 55 in s. 1003.492, for use as end-of-course assessments under this 56 paragraph, if the commissioner determines that the content 57 knowledge and skills assessed by the examinations meet or exceed 58 the grade level expectations for the core curricular content 59 established for the course in the Next Generation Sunshine State 60 Standards. The commissioner may collaborate with the American 61 Diploma Project in the adoption or development of rigorous end 62 of-course assessments that are aligned to the Next Generation 63 Sunshine State Standards. The testing program must be designed 64 as follows: 65 1. The tests shall measure student skills and competencies 66 adopted by the State Board of Education as specified in 67 paragraph (a). The tests must measure and report student 68 proficiency levels of all students assessed in reading, writing, 69 mathematics, and science. The commissioner shall provide for the 70 tests to be developed or obtained, as appropriate, through 71 contracts and project agreements with private vendors, public 72 vendors, public agencies, postsecondary educational 73 institutions, or school districts. The commissioner shall obtain 74 input with respect to the design and implementation of the 75 testing program from state educators, assistive technology 76 experts, and the public. This must include, at a minimum, annual 77 input from two persons recommended by the Florida School for the 78 Deaf and the Blind and two persons recommended by the Americans 79 with Disabilities Working Group created by Executive Order 01 80 161. 81 2. The testing program shall be composed of criterion 82 referenced tests that shall, to the extent determined by the 83 commissioner, include test items that require the student to 84 produce information or perform tasks in such a way that the core 85 content knowledge and skills he or she uses can be measured. 86 3. Beginning with the 2008-2009 school year, the 87 commissioner shall discontinue administration of the selected 88 response test items on the comprehensive assessments of writing. 89 Beginning with the 2012-2013 school year, the comprehensive 90 assessments of writing shall be composed of a combination of 91 selected-response test items, short-response performance tasks, 92 and extended-response performance tasks, which shall measure a 93 student's content knowledge of writing, including, but not 94 limited to, paragraph and sentence structure, sentence 95 construction, grammar and usage, punctuation, capitalization, 96 spelling, parts of speech, verb tense, irregular verbs, subject 97 verb agreement, and noun-pronoun agreement. 98 4. A score shall be designated for each subject area 99 tested, below which score a student's performance is deemed 100 inadequate. The school districts shall provide appropriate 101 remedial instruction to students who score below these levels. 102 5. Except as provided in s. 1003.428(8)(b) or s. 103 1003.43(11)(b), students must earn a passing score on the grade 104 10 assessment test described in this paragraph or attain 105 concordant scores as described in subsection (10) in reading, 106 writing, and mathematics to qualify for a standard high school 107 diploma. The State Board of Education shall designate a passing 108 score for each part of the grade 10 assessment test. In 109 establishing passing scores, the state board shall consider any 110 possible negative impact of the test on minority students. The 111 State Board of Education shall adopt rules which specify the 112 passing scores for the grade 10 FCAT. Any such rules, which have 113 the effect of raising the required passing scores, shall apply 114 only to students taking the grade 10 FCAT for the first time 115 after such rules are adopted by the State Board of Education. 116 6. Participation in the testing program is mandatory for 117 all students attending public school, including students served 118 in Department of Juvenile Justice programs, except as otherwise 119 prescribed by the commissioner. If a student does not 120 participate in the statewide assessment, the district must 121 notify the student's parent and provide the parent with 122 information regarding the implications of such nonparticipation. 123 A parent must provide signed consent for a student to receive 124 classroom instructional accommodations that would not be 125 available or permitted on the statewide assessments and must 126 acknowledge in writing that he or she understands the 127 implications of such instructional accommodations. The State 128 Board of Education shall adopt rules, based upon recommendations 129 of the commissioner, for the provision of test accommodations 130 for students in exceptional education programs and for students 131 who have limited English proficiency. Accommodations that negate 132 the validity of a statewide assessment are not allowable in the 133 administration of the FCAT. However, instructional 134 accommodations are allowable in the classroom if included in a 135 student's individual education plan. Students using 136 instructional accommodations in the classroom that are not 137 allowable as accommodations on the FCAT may have the FCAT 138 requirement waived pursuant to the requirements of s. 139 1003.428(8)(b) or s. 1003.43(11)(b). 140 7. A student seeking an adult high school diploma must meet 141 the same testing requirements that a regular high school student 142 must meet. 143 8. District school boards must provide instruction to 144 prepare students to demonstrate proficiency in the core 145 curricular content established in the Next Generation Sunshine 146 State Standards adopted under s. 1003.41, including the core 147 content knowledge and skills necessary for successful grade-to 148 grade progression and high school graduation. If a student is 149 provided with instructional accommodations in the classroom that 150 are not allowable as accommodations in the statewide assessment 151 program, as described in the test manuals, the district must 152 inform the parent in writing and must provide the parent with 153 information regarding the impact on the student's ability to 154 meet expected proficiency levels in reading, writing, and 155 mathematics. The commissioner shall conduct studies as necessary 156 to verify that the required core curricular content is part of 157 the district instructional programs. 158 9. District school boards must provide opportunities for 159 students to demonstrate an acceptable level of performance on an 160 alternative standardized assessment approved by the State Board 161 of Education following enrollment in summer academies. 162 10. The Department of Education must develop, or select, 163 and implement a common battery of assessment tools that will be 164 used in all juvenile justice programs in the state. These tools 165 must accurately measure the core curricular content established 166 in the Sunshine State Standards. 167 11. For students seeking a special diploma pursuant to s. 168 1003.438, the Department of Education must develop or select and 169 implement an alternate assessment tool that accurately measures 170 the core curricular content established in the Sunshine State 171 Standards for students with disabilities under s. 1003.438. 172 12. The Commissioner of Education shall establish schedules 173 for the administration of statewide assessments and the 174 reporting of student test results. The commissioner shall, by 175 August 1 of each year, notify each school district in writing 176 and publish on the department's Internet website the testing and 177 reporting schedules for, at a minimum, the school year following 178 the upcoming school year. The testing and reporting schedules 179 shall require that: 180 a. There is the latest possible administration of statewide 181 assessments and the earliest possible reporting to the school 182 districts of student test results which is feasible within 183 available technology and specific appropriations; however, test 184 results must be made available no later than the final day of 185 the regular school year for students. 186 b. Beginning with the 2010-2011 school year, a 187 comprehensive statewide assessment of writing is not 188 administered earlier than the week of March 1 and a 189 comprehensive statewide assessment of any other subject is not 190 administered earlier than the week of April 15. 191 c. A statewide standardized end-of-course assessment is 192 administered within the last 2 weeks of the course. 193 The commissioner may, based on collaboration and input from 194 school districts, design and implement student testing programs, 195 for any grade level and subject area, necessary to effectively 196 monitor educational achievement in the state, including the 197 measurement of educational achievement of the Sunshine State 198 Standards for students with disabilities. Development and 199 refinement of assessments shall include universal design 200 principles and accessibility standards that will prevent any 201 unintended obstacles for students with disabilities while 202 ensuring the validity and reliability of the test. These 203 principles should be applicable to all technology platforms and 204 assistive devices available for the assessments. The field 205 testing process and psychometric analyses for the statewide 206 assessment program must include an appropriate percentage of 207 students with disabilities and an evaluation or determination of 208 the effect of test items on such students. 209 Section 2. This act shall take effect July 1, 2009.