1 | A bill to be entitled |
2 | An act relating to education law repeals; repealing s. |
3 | 445.049, F.S., relating to the creation of the Digital |
4 | Divide Council in the Department of Education; repealing |
5 | s. 817.567, F.S., relating to making false claims of |
6 | academic degree or title; repealing s. 1001.291, F.S., |
7 | which provides for implementation of a pilot project |
8 | relating to discounted computers and Internet access for |
9 | low-income students; repealing s. 1004.50, F.S., relating |
10 | to the Institute on Urban Policy and Commerce; repealing |
11 | s. 1004.51, F.S., relating to the Community and Faith- |
12 | based Organizations Initiative and the Library Technology |
13 | Access Partnership; repealing s. 1004.52, F.S., relating |
14 | to the community computer access grant program; repealing |
15 | s. 1004.95, F.S., relating to adult literacy centers; |
16 | repealing s. 1004.97, F.S., relating to the Florida |
17 | Literacy Corps; repealing s. 1004.04(11) and (12), F.S., |
18 | relating to the Preteacher and Teacher Education Pilot |
19 | Programs and the Teacher Education Pilot Programs for |
20 | High-Achieving Students; repealing s. 1009.54, F.S., |
21 | relating to the Critical Teacher Shortage Program; |
22 | repealing s. 1009.57, F.S., relating to the Florida |
23 | Teacher Scholarship and Forgivable Loan Program; repealing |
24 | s. 1009.58, F.S., relating to the critical teacher |
25 | shortage tuition reimbursement program; repealing s. |
26 | 1009.59, F.S., relating to the Critical Teacher Shortage |
27 | Student Loan Forgiveness Program; repealing s. 1012.225, |
28 | F.S., relating to the Merit Award Program for |
29 | Instructional Personnel and School-Based Administrators; |
30 | repealing s. 1012.2251, F.S., relating to the |
31 | administration of end-of-course examinations for the Merit |
32 | Award Program; repealing s. 447.403(2)(c), F.S., relating |
33 | to the resolution of an impasse involving a dispute of a |
34 | Merit Award Program plan, to conform; amending ss. |
35 | 1002.33, 1003.52, 1009.40, 1009.94, 1011.62, and 1012.07, |
36 | F.S.; conforming provisions to changes made by the act; |
37 | repealing s. 1012.33(3)(a), (b), and (c), F.S., relating |
38 | to professional service contracts for instructional staff; |
39 | amending s. 1008.22, F.S.; deleting a provision requiring |
40 | that certain middle school students who earned high school |
41 | credit in Algebra I take the Algebra I end-of-course |
42 | assessment during the 2010-2011 school year; providing |
43 | effective dates. |
44 |
|
45 | Be It Enacted by the Legislature of the State of Florida: |
46 |
|
47 | Section 1. Section 445.049, Florida Statutes, is repealed. |
48 | Section 2. Section 817.567, Florida Statutes, is repealed. |
49 | Section 3. Section 1001.291, Florida Statutes, is |
50 | repealed. |
51 | Section 4. Section 1004.50, Florida Statutes, is repealed. |
52 | Section 5. Section 1004.51, Florida Statutes, is repealed. |
53 | Section 6. Section 1004.52, Florida Statutes, is repealed. |
54 | Section 7. Section 1004.95, Florida Statutes, is repealed. |
55 | Section 8. Section 1004.97, Florida Statutes, is repealed. |
56 | Section 9. Subsections (11) and (12) of section 1004.04, |
57 | Florida Statutes, are repealed. |
58 | Section 10. Sections 1009.54, 1009.57, 1009.58, and |
59 | 1009.59, Florida Statutes, are repealed. |
60 | Section 11. Sections 1012.225 and 1012.2251, Florida |
61 | Statutes, are repealed. |
62 | Section 12. Paragraph (c) of subsection (2) of section |
63 | 447.403, Florida Statutes, is repealed. |
64 | Section 13. Paragraph (a) of subsection (20) of section |
65 | 1002.33, Florida Statutes, is amended to read: |
66 | 1002.33 Charter schools.- |
67 | (20) SERVICES.- |
68 | (a)1. A sponsor shall provide certain administrative and |
69 | educational services to charter schools. These services shall |
70 | include contract management services; full-time equivalent and |
71 | data reporting services; exceptional student education |
72 | administration services; services related to eligibility and |
73 | reporting duties required to ensure that school lunch services |
74 | under the federal lunch program, consistent with the needs of |
75 | the charter school, are provided by the school district at the |
76 | request of the charter school, that any funds due to the charter |
77 | school under the federal lunch program be paid to the charter |
78 | school as soon as the charter school begins serving food under |
79 | the federal lunch program, and that the charter school is paid |
80 | at the same time and in the same manner under the federal lunch |
81 | program as other public schools serviced by the sponsor or the |
82 | school district; test administration services, including payment |
83 | of the costs of state-required or district-required student |
84 | assessments; processing of teacher certificate data services; |
85 | and information services, including equal access to student |
86 | information systems that are used by public schools in the |
87 | district in which the charter school is located. Student |
88 | performance data for each student in a charter school, |
89 | including, but not limited to, FCAT scores, standardized test |
90 | scores, previous public school student report cards, and student |
91 | performance measures, shall be provided by the sponsor to a |
92 | charter school in the same manner provided to other public |
93 | schools in the district. |
94 | 2. A total administrative fee for the provision of such |
95 | services shall be calculated based upon up to 5 percent of the |
96 | available funds defined in paragraph (17)(b) for all students. |
97 | However, a sponsor may only withhold up to a 5-percent |
98 | administrative fee for enrollment for up to and including 250 |
99 | students. For charter schools with a population of 251 or more |
100 | students, the difference between the total administrative fee |
101 | calculation and the amount of the administrative fee withheld |
102 | may only be used for capital outlay purposes specified in s. |
103 | 1013.62(2). |
104 | 3. In addition, a sponsor may withhold only up to a 5- |
105 | percent administrative fee for enrollment for up to and |
106 | including 500 students within a system of charter schools which |
107 | meets all of the following: |
108 | a. Includes both conversion charter schools and |
109 | nonconversion charter schools; |
110 | b. Has all schools located in the same county; |
111 | c. Has a total enrollment exceeding the total enrollment |
112 | of at least one school district in the state; |
113 | d. Has the same governing board; and |
114 | e. Does not contract with a for-profit service provider |
115 | for management of school operations. |
116 | 4. The difference between the total administrative fee |
117 | calculation and the amount of the administrative fee withheld |
118 | pursuant to subparagraph 3. may be used for instructional and |
119 | administrative purposes as well as for capital outlay purposes |
120 | specified in s. 1013.62(2). |
121 | 5. Each charter school shall receive 100 percent of the |
122 | funds awarded to that school pursuant to s. 1012.225. Sponsors |
123 | shall not charge charter schools any additional fees or |
124 | surcharges for administrative and educational services in |
125 | addition to the maximum 5-percent administrative fee withheld |
126 | pursuant to this paragraph. |
127 | Section 14. Subsection (10) of section 1003.52, Florida |
128 | Statutes, is amended to read: |
129 | 1003.52 Educational services in Department of Juvenile |
130 | Justice programs.- |
131 | (10) The district school board shall recruit and train |
132 | teachers who are interested, qualified, or experienced in |
133 | educating students in juvenile justice programs. Students in |
134 | juvenile justice programs shall be provided a wide range of |
135 | educational programs and opportunities including textbooks, |
136 | technology, instructional support, and other resources available |
137 | to students in public schools. Teachers assigned to educational |
138 | programs in juvenile justice settings in which the district |
139 | school board operates the educational program shall be selected |
140 | by the district school board in consultation with the director |
141 | of the juvenile justice facility. Educational programs in |
142 | juvenile justice facilities shall have access to the substitute |
143 | teacher pool utilized by the district school board. Full-time |
144 | teachers working in juvenile justice schools, whether employed |
145 | by a district school board or a provider, shall be eligible for |
146 | the critical teacher shortage tuition reimbursement program as |
147 | defined by s. 1009.58 and other teacher recruitment and |
148 | retention programs. |
149 | Section 15. Paragraph (a) of subsection (1) of section |
150 | 1009.40, Florida Statutes, is amended to read: |
151 | 1009.40 General requirements for student eligibility for |
152 | state financial aid awards and tuition assistance grants.- |
153 | (1)(a) The general requirements for eligibility of |
154 | students for state financial aid awards and tuition assistance |
155 | grants consist of the following: |
156 | 1. Achievement of the academic requirements of and |
157 | acceptance at a state university or community college; a nursing |
158 | diploma school approved by the Florida Board of Nursing; a |
159 | Florida college, university, or community college which is |
160 | accredited by an accrediting agency recognized by the State |
161 | Board of Education; any Florida institution the credits of which |
162 | are acceptable for transfer to state universities; any career |
163 | center; or any private career institution accredited by an |
164 | accrediting agency recognized by the State Board of Education. |
165 | 2. Residency in this state for no less than 1 year |
166 | preceding the award of aid or a tuition assistance grant for a |
167 | program established pursuant to s. 1009.50, s. 1009.505, s. |
168 | 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. |
169 | 1009.57, s. 1009.60, s. 1009.62, s. 1009.68, s. 1009.72, s. |
170 | 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891. Residency in |
171 | this state must be for purposes other than to obtain an |
172 | education. Resident status for purposes of receiving state |
173 | financial aid awards shall be determined in the same manner as |
174 | resident status for tuition purposes pursuant to s. 1009.21. |
175 | 3. Submission of certification attesting to the accuracy, |
176 | completeness, and correctness of information provided to |
177 | demonstrate a student's eligibility to receive state financial |
178 | aid awards or tuition assistance grants. Falsification of such |
179 | information shall result in the denial of any pending |
180 | application and revocation of any award or grant currently held |
181 | to the extent that no further payments shall be made. |
182 | Additionally, students who knowingly make false statements in |
183 | order to receive state financial aid awards or tuition |
184 | assistance grants commit a misdemeanor of the second degree |
185 | subject to the provisions of s. 837.06 and shall be required to |
186 | return all state financial aid awards or tuition assistance |
187 | grants wrongfully obtained. |
188 | Section 16. Paragraph (c) of subsection (2) of section |
189 | 1009.94, Florida Statutes, is amended to read: |
190 | 1009.94 Student financial assistance database.- |
191 | (2) For purposes of this section, financial assistance |
192 | includes: |
193 | (c) Any financial assistance provided under s. 1009.50, s. |
194 | 1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. |
195 | 1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. |
196 | 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s. 1009.73, s. |
197 | 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891. |
198 | Section 17. Paragraph (d) of subsection (7) of section |
199 | 1011.62, Florida Statutes, is amended to read: |
200 | 1011.62 Funds for operation of schools.-If the annual |
201 | allocation from the Florida Education Finance Program to each |
202 | district for operation of schools is not determined in the |
203 | annual appropriations act or the substantive bill implementing |
204 | the annual appropriations act, it shall be determined as |
205 | follows: |
206 | (7) DETERMINATION OF SPARSITY SUPPLEMENT.- |
207 | (d) Each district's allocation of sparsity supplement |
208 | funds shall be adjusted in the following manner: |
209 | 1. A maximum discretionary levy per FTE value for each |
210 | district shall be calculated by dividing the value of each |
211 | district's maximum discretionary levy by its FTE student count. |
212 | 2. A state average discretionary levy value per FTE shall |
213 | be calculated by dividing the total maximum discretionary levy |
214 | value for all districts by the state total FTE student count. |
215 | 3. A total potential funds per FTE for each district shall |
216 | be calculated by dividing the total potential funds, not |
217 | including Florida School Recognition Program funds, Merit Award |
218 | Program funds, and the minimum guarantee funds, for each |
219 | district by its FTE student count. |
220 | 4. A state average total potential funds per FTE shall be |
221 | calculated by dividing the total potential funds, not including |
222 | Florida School Recognition Program funds, Merit Award Program |
223 | funds, and the minimum guarantee funds, for all districts by the |
224 | state total FTE student count. |
225 | 5. For districts that have a levy value per FTE as |
226 | calculated in subparagraph 1. higher than the state average |
227 | calculated in subparagraph 2., a sparsity wealth adjustment |
228 | shall be calculated as the product of the difference between the |
229 | state average levy value per FTE calculated in subparagraph 2. |
230 | and the district's levy value per FTE calculated in subparagraph |
231 | 1. and the district's FTE student count and -1. However, no |
232 | district shall have a sparsity wealth adjustment that, when |
233 | applied to the total potential funds calculated in subparagraph |
234 | 3., would cause the district's total potential funds per FTE to |
235 | be less than the state average calculated in subparagraph 4. |
236 | 6. Each district's sparsity supplement allocation shall be |
237 | calculated by adding the amount calculated as specified in |
238 | paragraphs (a) and (b) and the wealth adjustment amount |
239 | calculated in this paragraph. |
240 | Section 18. Section 1012.07, Florida Statutes, is amended |
241 | to read: |
242 | 1012.07 Identification of critical teacher shortage |
243 | areas.- |
244 | (1) As used in ss. 1009.57, 1009.58, and 1009.59, The term |
245 | "critical teacher shortage area" applies to mathematics, |
246 | science, career education, and high priority location areas. The |
247 | State Board of Education may identify career education programs |
248 | having critical teacher shortages. The State Board of Education |
249 | shall adopt rules pursuant to ss. 120.536(1) and 120.54 |
250 | necessary to annually identify other critical teacher shortage |
251 | areas and high priority location areas. The state board shall |
252 | also consider teacher characteristics such as ethnic background, |
253 | race, and sex in determining critical teacher shortage areas. |
254 | School grade levels may also be designated critical teacher |
255 | shortage areas. Individual district school boards may identify |
256 | other critical teacher shortage areas. Such shortages must be |
257 | certified to and approved by the State Board of Education. High |
258 | priority location areas shall be in high-density, low-economic |
259 | urban schools and low-density, low-economic rural schools and |
260 | shall include schools which meet criteria which include, but are |
261 | not limited to, the percentage of free lunches, the percentage |
262 | of students under Chapter I of the Education Consolidation and |
263 | Improvement Act of 1981, and the faculty attrition rate. |
264 | (2) This section shall be implemented only to the extent |
265 | as specifically funded and authorized by law. |
266 | Section 19. Effective July 1, 2011, paragraphs (a), (b), |
267 | and (c) of subsection (3) of section 1012.33, Florida Statutes, |
268 | are repealed. |
269 | Section 20. Paragraph (c) of subsection (3) of section |
270 | 1008.22, Florida Statutes, is amended to read: |
271 | 1008.22 Student assessment program for public schools.- |
272 | (3) STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall |
273 | design and implement a statewide program of educational |
274 | assessment that provides information for the improvement of the |
275 | operation and management of the public schools, including |
276 | schools operating for the purpose of providing educational |
277 | services to youth in Department of Juvenile Justice programs. |
278 | The commissioner may enter into contracts for the continued |
279 | administration of the assessment, testing, and evaluation |
280 | programs authorized and funded by the Legislature. Contracts may |
281 | be initiated in 1 fiscal year and continue into the next and may |
282 | be paid from the appropriations of either or both fiscal years. |
283 | The commissioner is authorized to negotiate for the sale or |
284 | lease of tests, scoring protocols, test scoring services, and |
285 | related materials developed pursuant to law. Pursuant to the |
286 | statewide assessment program, the commissioner shall: |
287 | (c) Develop and implement a student achievement testing |
288 | program as follows: |
289 | 1. The Florida Comprehensive Assessment Test (FCAT) |
290 | measures a student's content knowledge and skills in reading, |
291 | writing, science, and mathematics. The content knowledge and |
292 | skills assessed by the FCAT must be aligned to the core |
293 | curricular content established in the Next Generation Sunshine |
294 | State Standards. Other content areas may be included as directed |
295 | by the commissioner. Comprehensive assessments of reading and |
296 | mathematics shall be administered annually in grades 3 through |
297 | 10 except, beginning with the 2010-2011 school year, the |
298 | administration of grade 9 FCAT Mathematics shall be |
299 | discontinued, and beginning with the 2011-2012 school year, the |
300 | administration of grade 10 FCAT Mathematics shall be |
301 | discontinued, except as required for students who have not |
302 | attained minimum performance expectations for graduation as |
303 | provided in paragraph (9)(c). FCAT Writing and FCAT Science |
304 | shall be administered at least once at the elementary, middle, |
305 | and high school levels except, beginning with the 2011-2012 |
306 | school year, the administration of FCAT Science at the high |
307 | school level shall be discontinued. |
308 | 2.a. End-of-course assessments for a subject shall be |
309 | administered in addition to the comprehensive assessments |
310 | required under subparagraph 1. End-of-course assessments must be |
311 | rigorous, statewide, standardized, and developed or approved by |
312 | the department. The content knowledge and skills assessed by |
313 | end-of-course assessments must be aligned to the core curricular |
314 | content established in the Next Generation Sunshine State |
315 | Standards. |
316 | (I) Statewide, standardized end-of-course assessments in |
317 | mathematics shall be administered according to this sub-sub- |
318 | subparagraph. Beginning with the 2010-2011 school year, all |
319 | students enrolled in Algebra I or an equivalent course must take |
320 | the Algebra I end-of-course assessment. Students who earned high |
321 | school credit in Algebra I while in grades 6 through 8 during |
322 | the 2007-2008 through 2009-2010 school years and who have not |
323 | taken Grade 10 FCAT Mathematics must take the Algebra I end-of- |
324 | course assessment during the 2010-2011 school year. For students |
325 | entering grade 9 during the 2010-2011 school year and who are |
326 | enrolled in Algebra I or an equivalent, each student's |
327 | performance on the end-of-course assessment in Algebra I shall |
328 | constitute 30 percent of the student's final course grade. |
329 | Beginning with students entering grade 9 in the 2011-2012 school |
330 | year, a student who is enrolled in Algebra I or an equivalent |
331 | must earn a passing score on the end-of-course assessment in |
332 | Algebra I or attain an equivalent score as described in |
333 | subsection (11) in order to earn course credit. Beginning with |
334 | the 2011-2012 school year, all students enrolled in geometry or |
335 | an equivalent course must take the geometry end-of-course |
336 | assessment. For students entering grade 9 during the 2011-2012 |
337 | school year, each student's performance on the end-of-course |
338 | assessment in geometry shall constitute 30 percent of the |
339 | student's final course grade. Beginning with students entering |
340 | grade 9 during the 2012-2013 school year, a student must earn a |
341 | passing score on the end-of-course assessment in geometry or |
342 | attain an equivalent score as described in subsection (11) in |
343 | order to earn course credit. |
344 | (II) Statewide, standardized end-of-course assessments in |
345 | science shall be administered according to this sub-sub- |
346 | subparagraph. Beginning with the 2011-2012 school year, all |
347 | students enrolled in Biology I or an equivalent course must take |
348 | the Biology I end-of-course assessment. For the 2011-2012 school |
349 | year, each student's performance on the end-of-course assessment |
350 | in Biology I shall constitute 30 percent of the student's final |
351 | course grade. Beginning with students entering grade 9 during |
352 | the 2012-2013 school year, a student must earn a passing score |
353 | on the end-of-course assessment in Biology I in order to earn |
354 | course credit. |
355 | b. During the 2012-2013 school year, an end-of-course |
356 | assessment in civics education shall be administered as a field |
357 | test at the middle school level. During the 2013-2014 school |
358 | year, each student's performance on the statewide, standardized |
359 | end-of-course assessment in civics education shall constitute 30 |
360 | percent of the student's final course grade. Beginning with the |
361 | 2014-2015 school year, a student must earn a passing score on |
362 | the end-of-course assessment in civics education in order to |
363 | pass the course and receive course credit. |
364 | c. The commissioner may select one or more nationally |
365 | developed comprehensive examinations, which may include, but |
366 | need not be limited to, examinations for a College Board |
367 | Advanced Placement course, International Baccalaureate course, |
368 | or Advanced International Certificate of Education course, or |
369 | industry-approved examinations to earn national industry |
370 | certifications identified in the Industry Certification Funding |
371 | List, pursuant to rules adopted by the State Board of Education, |
372 | for use as end-of-course assessments under this paragraph, if |
373 | the commissioner determines that the content knowledge and |
374 | skills assessed by the examinations meet or exceed the grade |
375 | level expectations for the core curricular content established |
376 | for the course in the Next Generation Sunshine State Standards. |
377 | The commissioner may collaborate with the American Diploma |
378 | Project in the adoption or development of rigorous end-of-course |
379 | assessments that are aligned to the Next Generation Sunshine |
380 | State Standards. |
381 | d. Contingent upon funding provided in the General |
382 | Appropriations Act, including the appropriation of funds |
383 | received through federal grants, the Commissioner of Education |
384 | shall establish an implementation schedule for the development |
385 | and administration of additional statewide, standardized end-of- |
386 | course assessments in English/Language Arts II, Algebra II, |
387 | chemistry, physics, earth/space science, United States history, |
388 | and world history. Priority shall be given to the development of |
389 | end-of-course assessments in English/Language Arts II. The |
390 | Commissioner of Education shall evaluate the feasibility and |
391 | effect of transitioning from the grade 9 and grade 10 FCAT |
392 | Reading and high school level FCAT Writing to an end-of-course |
393 | assessment in English/Language Arts II. The commissioner shall |
394 | report the results of the evaluation to the President of the |
395 | Senate and the Speaker of the House of Representatives no later |
396 | than July 1, 2011. |
397 | 3. The testing program shall measure student content |
398 | knowledge and skills adopted by the State Board of Education as |
399 | specified in paragraph (a) and measure and report student |
400 | performance levels of all students assessed in reading, writing, |
401 | mathematics, and science. The commissioner shall provide for the |
402 | tests to be developed or obtained, as appropriate, through |
403 | contracts and project agreements with private vendors, public |
404 | vendors, public agencies, postsecondary educational |
405 | institutions, or school districts. The commissioner shall obtain |
406 | input with respect to the design and implementation of the |
407 | testing program from state educators, assistive technology |
408 | experts, and the public. |
409 | 4. The testing program shall be composed of criterion- |
410 | referenced tests that shall, to the extent determined by the |
411 | commissioner, include test items that require the student to |
412 | produce information or perform tasks in such a way that the core |
413 | content knowledge and skills he or she uses can be measured. |
414 | 5. FCAT Reading, Mathematics, and Science and all |
415 | statewide, standardized end-of-course assessments shall measure |
416 | the content knowledge and skills a student has attained on the |
417 | assessment by the use of scaled scores and achievement levels. |
418 | Achievement levels shall range from 1 through 5, with level 1 |
419 | being the lowest achievement level, level 5 being the highest |
420 | achievement level, and level 3 indicating satisfactory |
421 | performance on an assessment. For purposes of FCAT Writing, |
422 | student achievement shall be scored using a scale of 1 through 6 |
423 | and the score earned shall be used in calculating school grades. |
424 | A score shall be designated for each subject area tested, below |
425 | which score a student's performance is deemed inadequate. The |
426 | school districts shall provide appropriate remedial instruction |
427 | to students who score below these levels. |
428 | 6. The State Board of Education shall, by rule, designate |
429 | a passing score for each part of the grade 10 assessment test |
430 | and end-of-course assessments. Any rule that has the effect of |
431 | raising the required passing scores may apply only to students |
432 | taking the assessment for the first time after the rule is |
433 | adopted by the State Board of Education. Except as otherwise |
434 | provided in this subparagraph and as provided in s. |
435 | 1003.428(8)(b) or s. 1003.43(11)(b), students must earn a |
436 | passing score on grade 10 FCAT Reading and grade 10 FCAT |
437 | Mathematics or attain concordant scores as described in |
438 | subsection (10) in order to qualify for a standard high school |
439 | diploma. |
440 | 7. In addition to designating a passing score under |
441 | subparagraph 6., the State Board of Education shall also |
442 | designate, by rule, a score for each statewide, standardized |
443 | end-of-course assessment which indicates that a student is high |
444 | achieving and has the potential to meet college-readiness |
445 | standards by the time the student graduates from high school. |
446 | 8. Participation in the testing program is mandatory for |
447 | all students attending public school, including students served |
448 | in Department of Juvenile Justice programs, except as otherwise |
449 | prescribed by the commissioner. A student who has not earned |
450 | passing scores on the grade 10 FCAT as provided in subparagraph |
451 | 6. must participate in each retake of the assessment until the |
452 | student earns passing scores or achieves scores on a |
453 | standardized assessment which are concordant with passing scores |
454 | pursuant to subsection (10). If a student does not participate |
455 | in the statewide assessment, the district must notify the |
456 | student's parent and provide the parent with information |
457 | regarding the implications of such nonparticipation. A parent |
458 | must provide signed consent for a student to receive classroom |
459 | instructional accommodations that would not be available or |
460 | permitted on the statewide assessments and must acknowledge in |
461 | writing that he or she understands the implications of such |
462 | instructional accommodations. The State Board of Education shall |
463 | adopt rules, based upon recommendations of the commissioner, for |
464 | the provision of test accommodations for students in exceptional |
465 | education programs and for students who have limited English |
466 | proficiency. Accommodations that negate the validity of a |
467 | statewide assessment are not allowable in the administration of |
468 | the FCAT or an end-of-course assessment. However, instructional |
469 | accommodations are allowable in the classroom if included in a |
470 | student's individual education plan. Students using |
471 | instructional accommodations in the classroom that are not |
472 | allowable as accommodations on the FCAT or an end-of-course |
473 | assessment may have the FCAT or an end-of-course assessment |
474 | requirement waived pursuant to the requirements of s. |
475 | 1003.428(8)(b) or s. 1003.43(11)(b). |
476 | 9. A student seeking an adult high school diploma must |
477 | meet the same testing requirements that a regular high school |
478 | student must meet. |
479 | 10. District school boards must provide instruction to |
480 | prepare students in the core curricular content established in |
481 | the Next Generation Sunshine State Standards adopted under s. |
482 | 1003.41, including the core content knowledge and skills |
483 | necessary for successful grade-to-grade progression and high |
484 | school graduation. If a student is provided with instructional |
485 | accommodations in the classroom that are not allowable as |
486 | accommodations in the statewide assessment program, as described |
487 | in the test manuals, the district must inform the parent in |
488 | writing and must provide the parent with information regarding |
489 | the impact on the student's ability to meet expected performance |
490 | levels in reading, writing, mathematics, and science. The |
491 | commissioner shall conduct studies as necessary to verify that |
492 | the required core curricular content is part of the district |
493 | instructional programs. |
494 | 11. District school boards must provide opportunities for |
495 | students to demonstrate an acceptable performance level on an |
496 | alternative standardized assessment approved by the State Board |
497 | of Education following enrollment in summer academies. |
498 | 12. The Department of Education must develop, or select, |
499 | and implement a common battery of assessment tools that will be |
500 | used in all juvenile justice programs in the state. These tools |
501 | must accurately measure the core curricular content established |
502 | in the Next Generation Sunshine State Standards. |
503 | 13. For students seeking a special diploma pursuant to s. |
504 | 1003.438, the Department of Education must develop or select and |
505 | implement an alternate assessment tool that accurately measures |
506 | the core curricular content established in the Next Generation |
507 | Sunshine State Standards for students with disabilities under s. |
508 | 1003.438. |
509 | 14. The Commissioner of Education shall establish |
510 | schedules for the administration of statewide assessments and |
511 | the reporting of student test results. When establishing the |
512 | schedules for the administration of statewide assessments, the |
513 | commissioner shall consider the observance of religious and |
514 | school holidays. The commissioner shall, by August 1 of each |
515 | year, notify each school district in writing and publish on the |
516 | department's Internet website the testing and reporting |
517 | schedules for, at a minimum, the school year following the |
518 | upcoming school year. The testing and reporting schedules shall |
519 | require that: |
520 | a. There is the latest possible administration of |
521 | statewide assessments and the earliest possible reporting to the |
522 | school districts of student test results which is feasible |
523 | within available technology and specific appropriations; |
524 | however, test results for the FCAT must be made available no |
525 | later than the week of June 8. Student results for end-of-course |
526 | assessments must be provided no later than 1 week after the |
527 | school district completes testing for each course. |
528 | b. Beginning with the 2010-2011 school year, FCAT Writing |
529 | is not administered earlier than the week of March 1 and a |
530 | comprehensive statewide assessment of any other subject is not |
531 | administered earlier than the week of April 15. |
532 | c. A statewide, standardized end-of-course assessment is |
533 | administered during a 3-week period at the end of the course. |
534 | The commissioner shall select a 3-week administration period for |
535 | assessments that meets the intent of end-of-course assessments |
536 | and provides student results prior to the end of the course. |
537 | School districts shall select 1 testing week within the 3-week |
538 | administration period for each end-of-course assessment. For an |
539 | end-of-course assessment administered at the end of the first |
540 | semester, the commissioner shall determine the most appropriate |
541 | testing dates based on a school district's academic calendar. |
542 |
|
543 | The commissioner may, based on collaboration and input from |
544 | school districts, design and implement student testing programs, |
545 | for any grade level and subject area, necessary to effectively |
546 | monitor educational achievement in the state, including the |
547 | measurement of educational achievement of the Next Generation |
548 | Sunshine State Standards for students with disabilities. |
549 | Development and refinement of assessments shall include |
550 | universal design principles and accessibility standards that |
551 | will prevent any unintended obstacles for students with |
552 | disabilities while ensuring the validity and reliability of the |
553 | test. These principles should be applicable to all technology |
554 | platforms and assistive devices available for the assessments. |
555 | The field testing process and psychometric analyses for the |
556 | statewide assessment program must include an appropriate |
557 | percentage of students with disabilities and an evaluation or |
558 | determination of the effect of test items on such students. |
559 | Section 21. Except as otherwise expressly provided in this |
560 | act, this act shall take effect upon becoming a law. |