| 1 | Representative Bullard offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 266-560 and insert: |
| 5 | Section 19. Paragraphs (a), (b), and (c) of subsection (3) |
| 6 | of section 1012.33, Florida Statutes, are repealed. |
| 7 | Section 20. Paragraph (c) of subsection (3) of section |
| 8 | 1008.22, Florida Statutes, is amended to read: |
| 9 | 1008.22 Student assessment program for public schools.- |
| 10 | (3) STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall |
| 11 | design and implement a statewide program of educational |
| 12 | assessment that provides information for the improvement of the |
| 13 | operation and management of the public schools, including |
| 14 | schools operating for the purpose of providing educational |
| 15 | services to youth in Department of Juvenile Justice programs. |
| 16 | The commissioner may enter into contracts for the continued |
| 17 | administration of the assessment, testing, and evaluation |
| 18 | programs authorized and funded by the Legislature. Contracts may |
| 19 | be initiated in 1 fiscal year and continue into the next and may |
| 20 | be paid from the appropriations of either or both fiscal years. |
| 21 | The commissioner is authorized to negotiate for the sale or |
| 22 | lease of tests, scoring protocols, test scoring services, and |
| 23 | related materials developed pursuant to law. Pursuant to the |
| 24 | statewide assessment program, the commissioner shall: |
| 25 | (c) Develop and implement a student achievement testing |
| 26 | program as follows: |
| 27 | 1. The Florida Comprehensive Assessment Test (FCAT) |
| 28 | measures a student's content knowledge and skills in reading, |
| 29 | writing, science, and mathematics. The content knowledge and |
| 30 | skills assessed by the FCAT must be aligned to the core |
| 31 | curricular content established in the Next Generation Sunshine |
| 32 | State Standards. Other content areas may be included as directed |
| 33 | by the commissioner. Comprehensive assessments of reading and |
| 34 | mathematics shall be administered annually in grades 3 through |
| 35 | 10 except, beginning with the 2010-2011 school year, the |
| 36 | administration of grade 9 FCAT Mathematics shall be |
| 37 | discontinued, and beginning with the 2011-2012 school year, the |
| 38 | administration of grade 10 FCAT Mathematics shall be |
| 39 | discontinued, except as required for students who have not |
| 40 | attained minimum performance expectations for graduation as |
| 41 | provided in paragraph (9)(c). FCAT Writing and FCAT Science |
| 42 | shall be administered at least once at the elementary, middle, |
| 43 | and high school levels except, beginning with the 2011-2012 |
| 44 | school year, the administration of FCAT Science at the high |
| 45 | school level shall be discontinued. |
| 46 | 2.a. End-of-course assessments for a subject shall be |
| 47 | administered in addition to the comprehensive assessments |
| 48 | required under subparagraph 1. End-of-course assessments must be |
| 49 | rigorous, statewide, standardized, and developed or approved by |
| 50 | the department. The content knowledge and skills assessed by |
| 51 | end-of-course assessments must be aligned to the core curricular |
| 52 | content established in the Next Generation Sunshine State |
| 53 | Standards. |
| 54 | (I) Statewide, standardized end-of-course assessments in |
| 55 | mathematics shall be administered according to this sub-sub- |
| 56 | subparagraph. Beginning with the 2010-2011 school year, all |
| 57 | students enrolled in Algebra I or an equivalent course must take |
| 58 | the Algebra I end-of-course assessment. Students who earned high |
| 59 | school credit in Algebra I while in grades 6 through 8 during |
| 60 | the 2007-2008 through 2009-2010 school years and who have not |
| 61 | taken Grade 10 FCAT Mathematics must take the Algebra I end-of- |
| 62 | course assessment during the 2010-2011 school year. For students |
| 63 | entering grade 9 during the 2010-2011 school year and who are |
| 64 | enrolled in Algebra I or an equivalent, each student's |
| 65 | performance on the end-of-course assessment in Algebra I shall |
| 66 | constitute 30 percent of the student's final course grade. |
| 67 | Beginning with students entering grade 9 in the 2011-2012 school |
| 68 | year, a student who is enrolled in Algebra I or an equivalent |
| 69 | must earn a passing score on the end-of-course assessment in |
| 70 | Algebra I or attain an equivalent score as described in |
| 71 | subsection (11) in order to earn course credit. Beginning with |
| 72 | the 2011-2012 school year, all students enrolled in geometry or |
| 73 | an equivalent course must take the geometry end-of-course |
| 74 | assessment. For students entering grade 9 during the 2011-2012 |
| 75 | school year, each student's performance on the end-of-course |
| 76 | assessment in geometry shall constitute 30 percent of the |
| 77 | student's final course grade. Beginning with students entering |
| 78 | grade 9 during the 2012-2013 school year, a student must earn a |
| 79 | passing score on the end-of-course assessment in geometry or |
| 80 | attain an equivalent score as described in subsection (11) in |
| 81 | order to earn course credit. |
| 82 | (II) Statewide, standardized end-of-course assessments in |
| 83 | science shall be administered according to this sub-sub- |
| 84 | subparagraph. Beginning with the 2011-2012 school year, all |
| 85 | students enrolled in Biology I or an equivalent course must take |
| 86 | the Biology I end-of-course assessment. For the 2011-2012 school |
| 87 | year, each student's performance on the end-of-course assessment |
| 88 | in Biology I shall constitute 30 percent of the student's final |
| 89 | course grade. Beginning with students entering grade 9 during |
| 90 | the 2012-2013 school year, a student must earn a passing score |
| 91 | on the end-of-course assessment in Biology I in order to earn |
| 92 | course credit. |
| 93 | b. During the 2012-2013 school year, an end-of-course |
| 94 | assessment in civics education shall be administered as a field |
| 95 | test at the middle school level. During the 2013-2014 school |
| 96 | year, each student's performance on the statewide, standardized |
| 97 | end-of-course assessment in civics education shall constitute 30 |
| 98 | percent of the student's final course grade. Beginning with the |
| 99 | 2014-2015 school year, a student must earn a passing score on |
| 100 | the end-of-course assessment in civics education in order to |
| 101 | pass the course and receive course credit. |
| 102 | c. The commissioner may select one or more nationally |
| 103 | developed comprehensive examinations, which may include, but |
| 104 | need not be limited to, examinations for a College Board |
| 105 | Advanced Placement course, International Baccalaureate course, |
| 106 | or Advanced International Certificate of Education course, or |
| 107 | industry-approved examinations to earn national industry |
| 108 | certifications identified in the Industry Certification Funding |
| 109 | List, pursuant to rules adopted by the State Board of Education, |
| 110 | for use as end-of-course assessments under this paragraph, if |
| 111 | the commissioner determines that the content knowledge and |
| 112 | skills assessed by the examinations meet or exceed the grade |
| 113 | level expectations for the core curricular content established |
| 114 | for the course in the Next Generation Sunshine State Standards. |
| 115 | The commissioner may collaborate with the American Diploma |
| 116 | Project in the adoption or development of rigorous end-of-course |
| 117 | assessments that are aligned to the Next Generation Sunshine |
| 118 | State Standards. |
| 119 | d. Contingent upon funding provided in the General |
| 120 | Appropriations Act, including the appropriation of funds |
| 121 | received through federal grants, the Commissioner of Education |
| 122 | shall establish an implementation schedule for the development |
| 123 | and administration of additional statewide, standardized end-of- |
| 124 | course assessments in English/Language Arts II, Algebra II, |
| 125 | chemistry, physics, earth/space science, United States history, |
| 126 | and world history. Priority shall be given to the development of |
| 127 | end-of-course assessments in English/Language Arts II. The |
| 128 | Commissioner of Education shall evaluate the feasibility and |
| 129 | effect of transitioning from the grade 9 and grade 10 FCAT |
| 130 | Reading and high school level FCAT Writing to an end-of-course |
| 131 | assessment in English/Language Arts II. The commissioner shall |
| 132 | report the results of the evaluation to the President of the |
| 133 | Senate and the Speaker of the House of Representatives no later |
| 134 | than July 1, 2011. |
| 135 | 3. The testing program shall measure student content |
| 136 | knowledge and skills adopted by the State Board of Education as |
| 137 | specified in paragraph (a) and measure and report student |
| 138 | performance levels of all students assessed in reading, writing, |
| 139 | mathematics, and science. The commissioner shall provide for the |
| 140 | tests to be developed or obtained, as appropriate, through |
| 141 | contracts and project agreements with private vendors, public |
| 142 | vendors, public agencies, postsecondary educational |
| 143 | institutions, or school districts. The commissioner shall obtain |
| 144 | input with respect to the design and implementation of the |
| 145 | testing program from state educators, assistive technology |
| 146 | experts, and the public. |
| 147 | 4. The testing program shall be composed of criterion- |
| 148 | referenced tests that shall, to the extent determined by the |
| 149 | commissioner, include test items that require the student to |
| 150 | produce information or perform tasks in such a way that the core |
| 151 | content knowledge and skills he or she uses can be measured. |
| 152 | 5. FCAT Reading, Mathematics, and Science and all |
| 153 | statewide, standardized end-of-course assessments shall measure |
| 154 | the content knowledge and skills a student has attained on the |
| 155 | assessment by the use of scaled scores and achievement levels. |
| 156 | Achievement levels shall range from 1 through 5, with level 1 |
| 157 | being the lowest achievement level, level 5 being the highest |
| 158 | achievement level, and level 3 indicating satisfactory |
| 159 | performance on an assessment. For purposes of FCAT Writing, |
| 160 | student achievement shall be scored using a scale of 1 through 6 |
| 161 | and the score earned shall be used in calculating school grades. |
| 162 | A score shall be designated for each subject area tested, below |
| 163 | which score a student's performance is deemed inadequate. The |
| 164 | school districts shall provide appropriate remedial instruction |
| 165 | to students who score below these levels. |
| 166 | 6. The State Board of Education shall, by rule, designate |
| 167 | a passing score for each part of the grade 10 assessment test |
| 168 | and end-of-course assessments. Any rule that has the effect of |
| 169 | raising the required passing scores may apply only to students |
| 170 | taking the assessment for the first time after the rule is |
| 171 | adopted by the State Board of Education. Except as otherwise |
| 172 | provided in this subparagraph and as provided in s. |
| 173 | 1003.428(8)(b) or s. 1003.43(11)(b), students must earn a |
| 174 | passing score on grade 10 FCAT Reading and grade 10 FCAT |
| 175 | Mathematics or attain concordant scores as described in |
| 176 | subsection (10) in order to qualify for a standard high school |
| 177 | diploma. |
| 178 | 7. In addition to designating a passing score under |
| 179 | subparagraph 6., the State Board of Education shall also |
| 180 | designate, by rule, a score for each statewide, standardized |
| 181 | end-of-course assessment which indicates that a student is high |
| 182 | achieving and has the potential to meet college-readiness |
| 183 | standards by the time the student graduates from high school. |
| 184 | 8. Participation in the testing program is mandatory for |
| 185 | all students attending public school, including students served |
| 186 | in Department of Juvenile Justice programs, except as otherwise |
| 187 | prescribed by the commissioner. A student who has not earned |
| 188 | passing scores on the grade 10 FCAT as provided in subparagraph |
| 189 | 6. must participate in each retake of the assessment until the |
| 190 | student earns passing scores or achieves scores on a |
| 191 | standardized assessment which are concordant with passing scores |
| 192 | pursuant to subsection (10). If a student does not participate |
| 193 | in the statewide assessment, the district must notify the |
| 194 | student's parent and provide the parent with information |
| 195 | regarding the implications of such nonparticipation. A parent |
| 196 | must provide signed consent for a student to receive classroom |
| 197 | instructional accommodations that would not be available or |
| 198 | permitted on the statewide assessments and must acknowledge in |
| 199 | writing that he or she understands the implications of such |
| 200 | instructional accommodations. The State Board of Education shall |
| 201 | adopt rules, based upon recommendations of the commissioner, for |
| 202 | the provision of test accommodations for students in exceptional |
| 203 | education programs and for students who have limited English |
| 204 | proficiency. Accommodations that negate the validity of a |
| 205 | statewide assessment are not allowable in the administration of |
| 206 | the FCAT or an end-of-course assessment. However, instructional |
| 207 | accommodations are allowable in the classroom if included in a |
| 208 | student's individual education plan. Students using |
| 209 | instructional accommodations in the classroom that are not |
| 210 | allowable as accommodations on the FCAT or an end-of-course |
| 211 | assessment may have the FCAT or an end-of-course assessment |
| 212 | requirement waived pursuant to the requirements of s. |
| 213 | 1003.428(8)(b) or s. 1003.43(11)(b). |
| 214 | 9. A student seeking an adult high school diploma must |
| 215 | meet the same testing requirements that a regular high school |
| 216 | student must meet. |
| 217 | 10. District school boards must provide instruction to |
| 218 | prepare students in the core curricular content established in |
| 219 | the Next Generation Sunshine State Standards adopted under s. |
| 220 | 1003.41, including the core content knowledge and skills |
| 221 | necessary for successful grade-to-grade progression and high |
| 222 | school graduation. If a student is provided with instructional |
| 223 | accommodations in the classroom that are not allowable as |
| 224 | accommodations in the statewide assessment program, as described |
| 225 | in the test manuals, the district must inform the parent in |
| 226 | writing and must provide the parent with information regarding |
| 227 | the impact on the student's ability to meet expected performance |
| 228 | levels in reading, writing, mathematics, and science. The |
| 229 | commissioner shall conduct studies as necessary to verify that |
| 230 | the required core curricular content is part of the district |
| 231 | instructional programs. |
| 232 | 11. District school boards must provide opportunities for |
| 233 | students to demonstrate an acceptable performance level on an |
| 234 | alternative standardized assessment approved by the State Board |
| 235 | of Education following enrollment in summer academies. |
| 236 | 12. The Department of Education must develop, or select, |
| 237 | and implement a common battery of assessment tools that will be |
| 238 | used in all juvenile justice programs in the state. These tools |
| 239 | must accurately measure the core curricular content established |
| 240 | in the Next Generation Sunshine State Standards. |
| 241 | 13. For students seeking a special diploma pursuant to s. |
| 242 | 1003.438, the Department of Education must develop or select and |
| 243 | implement an alternate assessment tool that accurately measures |
| 244 | the core curricular content established in the Next Generation |
| 245 | Sunshine State Standards for students with disabilities under s. |
| 246 | 1003.438. |
| 247 | 14. The Commissioner of Education shall establish |
| 248 | schedules for the administration of statewide assessments and |
| 249 | the reporting of student test results. When establishing the |
| 250 | schedules for the administration of statewide assessments, the |
| 251 | commissioner shall consider the observance of religious and |
| 252 | school holidays. The commissioner shall, by August 1 of each |
| 253 | year, notify each school district in writing and publish on the |
| 254 | department's Internet website the testing and reporting |
| 255 | schedules for, at a minimum, the school year following the |
| 256 | upcoming school year. The testing and reporting schedules shall |
| 257 | require that: |
| 258 | a. There is the latest possible administration of |
| 259 | statewide assessments and the earliest possible reporting to the |
| 260 | school districts of student test results which is feasible |
| 261 | within available technology and specific appropriations; |
| 262 | however, test results for the FCAT must be made available no |
| 263 | later than the week of June 8. Student results for end-of-course |
| 264 | assessments must be provided no later than 1 week after the |
| 265 | school district completes testing for each course. |
| 266 | b. Beginning with the 2010-2011 school year, FCAT Writing |
| 267 | is not administered earlier than the week of March 1 and a |
| 268 | comprehensive statewide assessment of any other subject is not |
| 269 | administered earlier than the week of April 15. |
| 270 | c. A statewide, standardized end-of-course assessment is |
| 271 | administered during a 3-week period at the end of the course. |
| 272 | The commissioner shall select a 3-week administration period for |
| 273 | assessments that meets the intent of end-of-course assessments |
| 274 | and provides student results prior to the end of the course. |
| 275 | School districts shall select 1 testing week within the 3-week |
| 276 | administration period for each end-of-course assessment. For an |
| 277 | end-of-course assessment administered at the end of the first |
| 278 | semester, the commissioner shall determine the most appropriate |
| 279 | testing dates based on a school district's academic calendar. |
| 280 |
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| 281 | The commissioner may, based on collaboration and input from |
| 282 | school districts, design and implement student testing programs, |
| 283 | for any grade level and subject area, necessary to effectively |
| 284 | monitor educational achievement in the state, including the |
| 285 | measurement of educational achievement of the Next Generation |
| 286 | Sunshine State Standards for students with disabilities. |
| 287 | Development and refinement of assessments shall include |
| 288 | universal design principles and accessibility standards that |
| 289 | will prevent any unintended obstacles for students with |
| 290 | disabilities while ensuring the validity and reliability of the |
| 291 | test. These principles should be applicable to all technology |
| 292 | platforms and assistive devices available for the assessments. |
| 293 | The field testing process and psychometric analyses for the |
| 294 | statewide assessment program must include an appropriate |
| 295 | percentage of students with disabilities and an evaluation or |
| 296 | determination of the effect of test items on such students. |
| 297 | Section 21. The Department of Education shall review the |
| 298 | sections of law scheduled for repeal by this act and, if the |
| 299 | department's determination is that any section or portion |
| 300 | thereof should not be repealed, the department shall make such |
| 301 | recommendation to the Governor, the President of the Senate, and |
| 302 | the Speaker of the House of Representatives by January 1, 2013. |
| 303 | Section 22. Except as otherwise expressly provided in this |
| 304 | act and except for this section, which shall take effect upon |
| 305 | becoming a law, this act shall take effect July 1, 2013. |
| 306 |
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| 307 |
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| 308 | ----------------------------------------------------- |
| 309 | T I T L E A M E N D M E N T |
| 310 | Remove line 42 and insert: |
| 311 | assessment during the 2010-2011 school year; requiring the |
| 312 | Department of Education to review the sections repealed by this |
| 313 | act and make recommendations to the Governor and the Legislature |
| 314 | regarding such repeal; providing |