Florida Senate - 2011 SB 1996 By the Committee on Education Pre-K - 12 581-02308-11 20111996__ 1 A bill to be entitled 2 An act relating to the student assessment program for 3 public schools; amending s. 1008.22, F.S.; deleting a 4 provision requiring that certain middle school 5 students who earned high school credit in Algebra I 6 take the Algebra I end-of-course assessment during the 7 2010-2011 school year; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (c) of subsection (3) of section 12 1008.22, Florida Statutes, is amended to read: 13 1008.22 Student assessment program for public schools.— 14 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall 15 design and implement a statewide program of educational 16 assessment that provides information for the improvement of the 17 operation and management of the public schools, including 18 schools operating for the purpose of providing educational 19 services to youth in Department of Juvenile Justice programs. 20 The commissioner may enter into contracts for the continued 21 administration of the assessment, testing, and evaluation 22 programs authorized and funded by the Legislature. Contracts may 23 be initiated in 1 fiscal year and continue into the next and may 24 be paid from the appropriations of either or both fiscal years. 25 The commissioner is authorized to negotiate for the sale or 26 lease of tests, scoring protocols, test scoring services, and 27 related materials developed pursuant to law. Pursuant to the 28 statewide assessment program, the commissioner shall: 29 (c) Develop and implement a student achievement testing 30 program as follows: 31 1. The Florida Comprehensive Assessment Test (FCAT) 32 measures a student’s content knowledge and skills in reading, 33 writing, science, and mathematics. The content knowledge and 34 skills assessed by the FCAT must be aligned to the core 35 curricular content established in the Next Generation Sunshine 36 State Standards. Other content areas may be included as directed 37 by the commissioner. Comprehensive assessments of reading and 38 mathematics shall be administered annually in grades 3 through 39 10 except, beginning with the 2010-2011 school year, the 40 administration of grade 9 FCAT Mathematics shall be 41 discontinued, and beginning with the 2011-2012 school year, the 42 administration of grade 10 FCAT Mathematics shall be 43 discontinued, except as required for students who have not 44 attained minimum performance expectations for graduation as 45 provided in paragraph (9)(c). FCAT Writing and FCAT Science 46 shall be administered at least once at the elementary, middle, 47 and high school levels except, beginning with the 2011-2012 48 school year, the administration of FCAT Science at the high 49 school level shall be discontinued. 50 2.a. End-of-course assessments for a subject shall be 51 administered in addition to the comprehensive assessments 52 required under subparagraph 1. End-of-course assessments must be 53 rigorous, statewide, standardized, and developed or approved by 54 the department. The content knowledge and skills assessed by 55 end-of-course assessments must be aligned to the core curricular 56 content established in the Next Generation Sunshine State 57 Standards. 58 (I) Statewide, standardized end-of-course assessments in 59 mathematics shall be administered according to this sub-sub 60 subparagraph. Beginning with the 2010-2011 school year, all 61 students enrolled in Algebra I or an equivalent course must take 62 the Algebra I end-of-course assessment.Students who earned high63school credit in Algebra I while in grades 6 through 8 during64the 2007-2008 through 2009-2010 school years and who have not65taken Grade 10 FCAT Mathematics must take the Algebra I end-of66course assessment during the 2010-2011 school year.For students 67 entering grade 9 during the 2010-2011 school year and who are 68 enrolled in Algebra I or an equivalent, each student’s 69 performance on the end-of-course assessment in Algebra I shall 70 constitute 30 percent of the student’s final course grade. 71 Beginning with students entering grade 9 in the 2011-2012 school 72 year, a student who is enrolled in Algebra I or an equivalent 73 must earn a passing score on the end-of-course assessment in 74 Algebra I or attain an equivalent score as described in 75 subsection (11) in order to earn course credit. Beginning with 76 the 2011-2012 school year, all students enrolled in geometry or 77 an equivalent course must take the geometry end-of-course 78 assessment. For students entering grade 9 during the 2011-2012 79 school year, each student’s performance on the end-of-course 80 assessment in geometry shall constitute 30 percent of the 81 student’s final course grade. Beginning with students entering 82 grade 9 during the 2012-2013 school year, a student must earn a 83 passing score on the end-of-course assessment in geometry or 84 attain an equivalent score as described in subsection (11) in 85 order to earn course credit. 86 (II) Statewide, standardized end-of-course assessments in 87 science shall be administered according to this sub-sub 88 subparagraph. Beginning with the 2011-2012 school year, all 89 students enrolled in Biology I or an equivalent course must take 90 the Biology I end-of-course assessment. For the 2011-2012 school 91 year, each student’s performance on the end-of-course assessment 92 in Biology I shall constitute 30 percent of the student’s final 93 course grade. Beginning with students entering grade 9 during 94 the 2012-2013 school year, a student must earn a passing score 95 on the end-of-course assessment in Biology I in order to earn 96 course credit. 97 b. During the 2012-2013 school year, an end-of-course 98 assessment in civics education shall be administered as a field 99 test at the middle school level. During the 2013-2014 school 100 year, each student’s performance on the statewide, standardized 101 end-of-course assessment in civics education shall constitute 30 102 percent of the student’s final course grade. Beginning with the 103 2014-2015 school year, a student must earn a passing score on 104 the end-of-course assessment in civics education in order to 105 pass the course and receive course credit. 106 c. The commissioner may select one or more nationally 107 developed comprehensive examinations, which may include, but 108 need not be limited to, examinations for a College Board 109 Advanced Placement course, International Baccalaureate course, 110 or Advanced International Certificate of Education course, or 111 industry-approved examinations to earn national industry 112 certifications identified in the Industry Certification Funding 113 List, pursuant to rules adopted by the State Board of Education, 114 for use as end-of-course assessments under this paragraph, if 115 the commissioner determines that the content knowledge and 116 skills assessed by the examinations meet or exceed the grade 117 level expectations for the core curricular content established 118 for the course in the Next Generation Sunshine State Standards. 119 The commissioner may collaborate with the American Diploma 120 Project in the adoption or development of rigorous end-of-course 121 assessments that are aligned to the Next Generation Sunshine 122 State Standards. 123 d. Contingent upon funding provided in the General 124 Appropriations Act, including the appropriation of funds 125 received through federal grants, the Commissioner of Education 126 shall establish an implementation schedule for the development 127 and administration of additional statewide, standardized end-of 128 course assessments in English/Language Arts II, Algebra II, 129 chemistry, physics, earth/space science, United States history, 130 and world history. Priority shall be given to the development of 131 end-of-course assessments in English/Language Arts II. The 132 Commissioner of Education shall evaluate the feasibility and 133 effect of transitioning from the grade 9 and grade 10 FCAT 134 Reading and high school level FCAT Writing to an end-of-course 135 assessment in English/Language Arts II. The commissioner shall 136 report the results of the evaluation to the President of the 137 Senate and the Speaker of the House of Representatives no later 138 than July 1, 2011. 139 3. The testing program shall measure student content 140 knowledge and skills adopted by the State Board of Education as 141 specified in paragraph (a) and measure and report student 142 performance levels of all students assessed in reading, writing, 143 mathematics, and science. The commissioner shall provide for the 144 tests to be developed or obtained, as appropriate, through 145 contracts and project agreements with private vendors, public 146 vendors, public agencies, postsecondary educational 147 institutions, or school districts. The commissioner shall obtain 148 input with respect to the design and implementation of the 149 testing program from state educators, assistive technology 150 experts, and the public. 151 4. The testing program shall be composed of criterion 152 referenced tests that shall, to the extent determined by the 153 commissioner, include test items that require the student to 154 produce information or perform tasks in such a way that the core 155 content knowledge and skills he or she uses can be measured. 156 5. FCAT Reading, Mathematics, and Science and all 157 statewide, standardized end-of-course assessments shall measure 158 the content knowledge and skills a student has attained on the 159 assessment by the use of scaled scores and achievement levels. 160 Achievement levels shall range from 1 through 5, with level 1 161 being the lowest achievement level, level 5 being the highest 162 achievement level, and level 3 indicating satisfactory 163 performance on an assessment. For purposes of FCAT Writing, 164 student achievement shall be scored using a scale of 1 through 6 165 and the score earned shall be used in calculating school grades. 166 A score shall be designated for each subject area tested, below 167 which score a student’s performance is deemed inadequate. The 168 school districts shall provide appropriate remedial instruction 169 to students who score below these levels. 170 6. The State Board of Education shall, by rule, designate a 171 passing score for each part of the grade 10 assessment test and 172 end-of-course assessments. Any rule that has the effect of 173 raising the required passing scores may apply only to students 174 taking the assessment for the first time after the rule is 175 adopted by the State Board of Education. Except as otherwise 176 provided in this subparagraph and as provided in s. 177 1003.428(8)(b) or s. 1003.43(11)(b), students must earn a 178 passing score on grade 10 FCAT Reading and grade 10 FCAT 179 Mathematics or attain concordant scores as described in 180 subsection (10) in order to qualify for a standard high school 181 diploma. 182 7. In addition to designating a passing score under 183 subparagraph 6., the State Board of Education shall also 184 designate, by rule, a score for each statewide, standardized 185 end-of-course assessment which indicates that a student is high 186 achieving and has the potential to meet college-readiness 187 standards by the time the student graduates from high school. 188 8. Participation in the testing program is mandatory for 189 all students attending public school, including students served 190 in Department of Juvenile Justice programs, except as otherwise 191 prescribed by the commissioner. A student who has not earned 192 passing scores on the grade 10 FCAT as provided in subparagraph 193 6. must participate in each retake of the assessment until the 194 student earns passing scores or achieves scores on a 195 standardized assessment which are concordant with passing scores 196 pursuant to subsection (10). If a student does not participate 197 in the statewide assessment, the district must notify the 198 student’s parent and provide the parent with information 199 regarding the implications of such nonparticipation. A parent 200 must provide signed consent for a student to receive classroom 201 instructional accommodations that would not be available or 202 permitted on the statewide assessments and must acknowledge in 203 writing that he or she understands the implications of such 204 instructional accommodations. The State Board of Education shall 205 adopt rules, based upon recommendations of the commissioner, for 206 the provision of test accommodations for students in exceptional 207 education programs and for students who have limited English 208 proficiency. Accommodations that negate the validity of a 209 statewide assessment are not allowable in the administration of 210 the FCAT or an end-of-course assessment. However, instructional 211 accommodations are allowable in the classroom if included in a 212 student’s individual education plan. Students using 213 instructional accommodations in the classroom that are not 214 allowable as accommodations on the FCAT or an end-of-course 215 assessment may have the FCAT or an end-of-course assessment 216 requirement waived pursuant to the requirements of s. 217 1003.428(8)(b) or s. 1003.43(11)(b). 218 9. A student seeking an adult high school diploma must meet 219 the same testing requirements that a regular high school student 220 must meet. 221 10. District school boards must provide instruction to 222 prepare students in the core curricular content established in 223 the Next Generation Sunshine State Standards adopted under s. 224 1003.41, including the core content knowledge and skills 225 necessary for successful grade-to-grade progression and high 226 school graduation. If a student is provided with instructional 227 accommodations in the classroom that are not allowable as 228 accommodations in the statewide assessment program, as described 229 in the test manuals, the district must inform the parent in 230 writing and must provide the parent with information regarding 231 the impact on the student’s ability to meet expected performance 232 levels in reading, writing, mathematics, and science. The 233 commissioner shall conduct studies as necessary to verify that 234 the required core curricular content is part of the district 235 instructional programs. 236 11. District school boards must provide opportunities for 237 students to demonstrate an acceptable performance level on an 238 alternative standardized assessment approved by the State Board 239 of Education following enrollment in summer academies. 240 12. The Department of Education must develop, or select, 241 and implement a common battery of assessment tools that will be 242 used in all juvenile justice programs in the state. These tools 243 must accurately measure the core curricular content established 244 in the Next Generation Sunshine State Standards. 245 13. For students seeking a special diploma pursuant to s. 246 1003.438, the Department of Education must develop or select and 247 implement an alternate assessment tool that accurately measures 248 the core curricular content established in the Next Generation 249 Sunshine State Standards for students with disabilities under s. 250 1003.438. 251 14. The Commissioner of Education shall establish schedules 252 for the administration of statewide assessments and the 253 reporting of student test results. When establishing the 254 schedules for the administration of statewide assessments, the 255 commissioner shall consider the observance of religious and 256 school holidays. The commissioner shall, by August 1 of each 257 year, notify each school district in writing and publish on the 258 department’s Internet website the testing and reporting 259 schedules for, at a minimum, the school year following the 260 upcoming school year. The testing and reporting schedules shall 261 require that: 262 a. There is the latest possible administration of statewide 263 assessments and the earliest possible reporting to the school 264 districts of student test results which is feasible within 265 available technology and specific appropriations; however, test 266 results for the FCAT must be made available no later than the 267 week of June 8. Student results for end-of-course assessments 268 must be provided no later than 1 week after the school district 269 completes testing for each course. 270 b. Beginning with the 2010-2011 school year, FCAT Writing 271 is not administered earlier than the week of March 1 and a 272 comprehensive statewide assessment of any other subject is not 273 administered earlier than the week of April 15. 274 c. A statewide, standardized end-of-course assessment is 275 administered during a 3-week period at the end of the course. 276 The commissioner shall select a 3-week administration period for 277 assessments that meets the intent of end-of-course assessments 278 and provides student results prior to the end of the course. 279 School districts shall select 1 testing week within the 3-week 280 administration period for each end-of-course assessment. For an 281 end-of-course assessment administered at the end of the first 282 semester, the commissioner shall determine the most appropriate 283 testing dates based on a school district’s academic calendar. 284 285 The commissioner may, based on collaboration and input from 286 school districts, design and implement student testing programs, 287 for any grade level and subject area, necessary to effectively 288 monitor educational achievement in the state, including the 289 measurement of educational achievement of the Next Generation 290 Sunshine State Standards for students with disabilities. 291 Development and refinement of assessments shall include 292 universal design principles and accessibility standards that 293 will prevent any unintended obstacles for students with 294 disabilities while ensuring the validity and reliability of the 295 test. These principles should be applicable to all technology 296 platforms and assistive devices available for the assessments. 297 The field testing process and psychometric analyses for the 298 statewide assessment program must include an appropriate 299 percentage of students with disabilities and an evaluation or 300 determination of the effect of test items on such students. 301 Section 2. This act shall take effect upon becoming a law.