Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1108
                                Barcode 978380                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/18/2013           .                                

       The Committee on Appropriations (Gardiner) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 465 and 466
    4  insert:
    5         Section 10. Section 1008.212, Florida Statutes, is created
    6  to read:
    7         1008.212Students with severe cognitive disabilities;
    8  Florida Alternate Assessment.
    9         (1) Each district school board shall provide instruction to
   10  prepare students with disabilities in the core content knowledge
   11  and skills necessary for successful grade-to-grade progression
   12  and high school graduation.
   13         (2) A student with a significant cognitive disability for
   14  whom the individual education plan (IEP) team determines that
   15  the Florida Alternate Assessment and any other statewide
   16  standardized alternate assessment cannot accurately measure the
   17  student’s abilities, taking into consideration all allowable
   18  accommodations, shall have the administration of the assessment
   19  waived if the following criteria are met:
   20         (a) The IEP team, upon written parental consent, provides
   21  to the district school superintendent a written request for the
   22  student to be exempt from the administration of the statewide
   23  alternate standardized assessment. The request must include
   24  documentation of the student’s prior performance on statewide,
   25  standardized assessments and a copy of the student’s current
   26  individual education plan;
   27         (b) The parent shall provide to the IEP team, as a part of
   28  the request, documentation provided by a physician licensed
   29  under chapter 458 or chapter 459 which identifies the student’s
   30  disability and whether or not the student is capable of taking
   31  the assessment; and
   32         (c) The IEP team submits to the district school
   33  superintendent the request and the parent’s documentation before
   34  the administration of the statewide standardized alternate
   35  assessment.
   36         (3) Upon receipt of the written request and documentation,
   37  the district school superintendent shall:
   38         (a) Verify the documentation contained in the request; and
   39         (b) Notify the parent and the IEP team in writing within 15
   40  days after the receipt of the request whether or not the request
   41  is granted or denied.
   42         (4) If the district school superintendent grants the
   43  waiver, the student’s progress must be assessed in accordance
   44  with the goals established in the student’s individual education
   45  plan.
   46         (5) If the district school superintendent denies the
   47  waiver, the student’s IEP team may provide to the district
   48  school board a written notice of appeal within 15 days after
   49  receipt of the denial. Within 15 days after receiving the notice
   50  of appeal, the district school board shall hear the IEP team
   51  present a full statement to the district school board which sets
   52  forth the facts that warrant the waiver. The district school
   53  board shall notify the IEP team and the student’s parent of the
   54  board’s decision in writing within 15 days after the IEP team’s
   55  presentation. If the district school board affirms the
   56  superintendent’s denial, the school board shall specify in
   57  writing to the IEP team and the student’s parent the reasons,
   58  based upon good cause, which support the school board’s
   59  affirmation of the district school superintendent’s denial of
   60  the waiver.
   61         Section 11. If any provision of this act or its application
   62  to any person or circumstance is held invalid, the invalidity
   63  does not affect other provisions or applications of the act
   64  which can be given effect without the invalid provision or
   65  application, and to this end the provisions of this act are
   66  severable.
   68  ================= T I T L E  A M E N D M E N T ================
   69         And the title is amended as follows:
   70         Delete line 48
   71  and insert:
   72         to adopt rules; creating s. 1008.212, F.S.; requiring
   73         a student with a significant cognitive disability to
   74         be exempted from participating in the administration
   75         of the Florida Alternate Assessment; providing
   76         criteria for the exemption; providing an appeals
   77         process; providing for severability; providing an
   78         effective date.