Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for SB 1108
       
       
       
       
       
       
                                Barcode 573240                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/26/2013 12:09 PM       .                                
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       Senator Gardiner moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 430 and 431
    4  insert:
    5         Section 8. Section 1008.212, Florida Statutes, is created
    6  to read:
    7         1008.212Students with disabilities; extraordinary
    8  exemption.—
    9         (1) As used in this section, the term:
   10         (a) “Circumstance means a situation in which
   11  accommodations allowable for use on the statewide standardized
   12  assessment, a statewide standardized end-of-course assessment,
   13  or an alternate assessment pursuant to s. 1008.22(3)(c)13. are
   14  not offered to a student during the current year’s assessment
   15  administration due to technological limitations in the testing
   16  administration program which lead to results that reflect the
   17  student’s impaired sensory, manual, or speaking skills rather
   18  than the student’s achievement of the benchmarks assessed by the
   19  statewide standardized assessment, a statewide standardized end
   20  of-course assessment, or an alternate assessment.
   21         (b) “Condition means an impairment, whether recently
   22  acquired or longstanding, which affects a student’s ability to
   23  communicate in modes deemed acceptable for statewide
   24  assessments, even if appropriate accommodations are provided,
   25  and creates a situation in which the results of administration
   26  of the statewide standardized assessment, an end-of-course
   27  assessment, or an alternate assessment would reflect the
   28  student’s impaired sensory, manual, or speaking skills rather
   29  than the student’s achievement of the benchmarks assessed by the
   30  statewide standardized assessment, a statewide standardized end
   31  of-course assessment, or an alternate assessment.
   32         (2) A student with a disability for whom the individual
   33  education plan (IEP) team determines is prevented by a
   34  circumstance or condition from physically demonstrating the
   35  mastery of skills that have been acquired and are measured by
   36  the statewide standardized assessment, a statewide standardized
   37  end-of-course assessment, or an alternate assessment pursuant to
   38  s. 1008.22(3)(c)13. shall be granted an extraordinary exemption
   39  from the administration of the assessment. A learning,
   40  emotional, behavioral, or significant cognitive disability, or
   41  the receipt of services through the homebound or hospitalized
   42  program in accordance with rule 6A-6.03020, Florida
   43  Administrative Code, is not, in and of itself, an adequate
   44  criterion for the granting of an extraordinary exemption.
   45         (3) The IEP team, which must include the parent, may submit
   46  to the district school superintendent a written request for an
   47  extraordinary exemption at any time during the school year, but
   48  not later than 60 days before the current year’s assessment
   49  administration for which the request is made. A request must
   50  include all of the following:
   51         (a) A written description of the student’s disabilities,
   52  including a specific description of the student’s impaired
   53  sensory, manual, or speaking skills.
   54         (b) Written documentation of the most recent evaluation
   55  data.
   56         (c) Written documentation, if available, of the most recent
   57  administration of the statewide standardized assessment, an end
   58  of-course assessment, or an alternate assessment.
   59         (d) A written description of the condition’s effect on the
   60  student’s participation in the statewide standardized
   61  assessment, an end-of-course assessment, or an alternate
   62  assessment.
   63         (e) Written evidence that the student has had the
   64  opportunity to learn the skills being tested.
   65         (f) Written evidence that the student has been provided
   66  appropriate instructional accommodations.
   67         (g) Written evidence as to whether the student has had the
   68  opportunity to be assessed using the instructional
   69  accommodations on the student’s IEP which are allowable in the
   70  administration of the statewide standardized assessment, an end
   71  of-course assessment, or an alternate assessment in prior
   72  assessments.
   73         (h) Written evidence of the circumstance or condition as
   74  defined in subsection (1).
   75         (4) Based upon the documentation provided by the IEP team,
   76  the school district superintendent shall recommend to the
   77  Commissioner of Education whether an extraordinary exemption for
   78  a given assessment administration window should be granted or
   79  denied. A copy of the school district’s procedural safeguards as
   80  required in rule 6A-6.03311, Florida Administrative Code, shall
   81  be provided to the parent. If the parent disagrees with the IEP
   82  team’s recommendation, the dispute resolution methods described
   83  in the procedural safeguards shall be made available to the
   84  parent. Upon receipt of the request, documentation, and
   85  recommendation, the commissioner shall verify the information
   86  documented, make a determination, and notify the parent and the
   87  district school superintendent in writing within 30 days after
   88  the receipt of the request whether the exemption has been
   89  granted or denied. If the commissioner grants the exemption, the
   90  student’s progress must be assessed in accordance with the goals
   91  established in the student’s individual education plan. If the
   92  commissioner denies the exemption, the notification must state
   93  the reasons for the denial.
   94         (5) The parent of a student with a disability who disagrees
   95  with the commissioner’s denial of an extraordinary exemption may
   96  request an expedited hearing. If the parent requests the
   97  expedited hearing, the Department of Education shall inform the
   98  parent of any free or low-cost legal services and other relevant
   99  services available in the area. The Department of Education
  100  shall arrange a hearing with the Division of Administrative
  101  Hearings, which must be commenced within 20 school days after
  102  the parent’s request for the expedited hearing. The
  103  administrative law judge at the division shall make a
  104  determination within 10 school days after the expedited hearing.
  105  The standard of review for the expedited hearing is de novo, and
  106  the department has the burden of proof.
  107         (6) Beginning June 30, 2014, and each June 30 thereafter,
  108  the commissioner shall annually submit to the Governor, the
  109  President of the Senate, and the Speaker of the House of
  110  Representatives the number of extraordinary exemptions requested
  111  under this section, the number of extraordinary exemptions
  112  granted under this section, and the criteria by which all
  113  decisions were made. The commissioner shall regularly inform
  114  district testing and special education administrators of the
  115  procedures established in this section.
  116         (7) The State Board of Education shall adopt rules to
  117  administer this section.
  118  
  119  ================= T I T L E  A M E N D M E N T ================
  120         And the title is amended as follows:
  121         Delete line 38
  122  and insert:
  123         conforming a cross-reference; creating s. 1008.212,
  124         F.S.; providing definitions; providing that a student
  125         with a disability be granted an extraordinary
  126         exemption from the administration of certain
  127         assessments under certain circumstances; providing
  128         that certain disabilities or the receipt of services
  129         through a homebound or hospitalized program is not an
  130         adequate criterion for the granting of an
  131         extraordinary exemption; authorizing a written request
  132         for an extraordinary exemption; providing requirements
  133         for the request; providing a procedure for granting or
  134         denying an extraordinary exemption; providing a
  135         procedure for appealing a denial of an extraordinary
  136         exemption; requiring the Commissioner of Education to
  137         annually submit by a specified date to the Governor
  138         and the Legislature a report and regularly inform
  139         district testing and special education administrators
  140         of the procedures regarding extraordinary exemptions;
  141         requiring the State Board of Education to adopt rules;
  142         creating s. 1008.3415,