Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS for CS for SB 1512 Ì6152844Î615284 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bullard moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 1612 and 1613 4 insert: 5 Section 10. Subsection (3) of section 1008.22, Florida 6 Statutes, is amended to read: 7 1008.22 Student assessment program for public schools.— 8 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The 9 Commissioner of Education shall design and implement a 10 statewide, standardized assessment program aligned to the core 11 curricular content established in the Next Generation Sunshine 12 State Standards. The commissioner also must develop or select 13 and implement a common battery of assessment tools that will be 14 used in all juvenile justice education programs in the state. 15 These tools must accurately measure the core curricular content 16 established in the Next Generation Sunshine State Standards. 17 Participation in the assessment program is mandatory for all 18 school districts and all students attending public schools, 19 including students seeking an adult high school diploma and 20 students in Department of Juvenile Justice education programs, 21 except as otherwise prescribed by the commissioner. If a student 22 does not participate in the assessment program, the school 23 district must notify the student’s parent and provide the parent 24 with information regarding the implications of such 25 nonparticipation. Parents of students in grades 3 through 10 may 26 choose to have their child take one of the nationally norm 27 referenced tests identified by the Department of Education or 28 the statewide assessments pursuant this section. The statewide, 29 standardized assessment program shall be designed and 30 implemented as follows: 31 (a) Florida Comprehensive Assessment Test (FCAT) until 32 replaced by common core assessments.—FCAT Reading shall be 33 administered annually in grades 3 through 10; FCAT Mathematics 34 shall be administered annually in grades 3 through 8; FCAT 35 Writing shall be administered annually at least once at the 36 elementary, middle, and high school levels; and FCAT Science 37 shall be administered annually at least once at the elementary 38 and middle grades levels. A student who has not earned a passing 39 score on grade 10 FCAT Reading must participate in each retake 40 of the assessment until the student earns a passing score. The 41 commissioner shall recommend and the State Board of Education 42 must adopt a score on both the SAT and ACT that is concordant to 43 a passing score on grade 10 FCAT Reading that, if achieved by a 44 student, meets the must-pass requirement for grade 10 FCAT 45 Reading. 46 (b) End-of-course (EOC) assessments.—EOC assessments must 47 be statewide, standardized, and developed or approved by the 48 Department of Education as follows: 49 1. Statewide, standardized EOC assessments in mathematics 50 shall be administered according to this subparagraph. Beginning 51 with the 2010-2011 school year, all students enrolled in Algebra 52 I must take the Algebra I EOC assessment. Except as otherwise 53 provided in this section, beginning with students entering grade 54 9 in the 2011-2012 school year, a student who is enrolled in 55 Algebra I must earn a passing score on the Algebra I EOC 56 assessment or attain a comparative score as authorized under 57 subsection (8) in order to earn a standard high school diploma. 58 A student who has not earned a passing score on the Algebra I 59 EOC assessment must participate in each retake of the assessment 60 until the student earns a passing score. Beginning with the 61 2011-2012 school year, all students enrolled in geometry must 62 take the Geometry EOC assessment. Middle grades students 63 enrolled in Algebra I or geometry must take the statewide, 64 standardized EOC assessment for those courses and are not 65 required to take the corresponding grade-level FCAT. 66 2. Statewide, standardized EOC assessments in science shall 67 be administered according to this subparagraph. Beginning with 68 the 2011-2012 school year, all students enrolled in Biology I 69 must take the Biology I EOC assessment. 70 3. During the 2012-2013 school year, an EOC assessment in 71 civics education shall be administered as a field test at the 72 middle grades level. Beginning with the 2013-2014 school year, 73 each student’s performance on the statewide, standardized EOC 74 assessment in civics education constitutes 30 percent of the 75 student’s final course grade. 76 4. The commissioner may select one or more nationally 77 developed comprehensive examinations, which may include 78 examinations for a College Board Advanced Placement course, 79 International Baccalaureate course, or Advanced International 80 Certificate of Education course, or industry-approved 81 examinations to earn national industry certifications identified 82 in the Industry Certification Funding List, for use as EOC 83 assessments under this paragraph if the commissioner determines 84 that the content knowledge and skills assessed by the 85 examinations meet or exceed the grade-level expectations for the 86 core curricular content established for the course in the Next 87 Generation Sunshine State Standards. Use of any such examination 88 as an EOC assessment must be approved by the state board. 89 5. Contingent upon funding provided in the General 90 Appropriations Act, including the appropriation of funds 91 received through federal grants, the commissioner may establish 92 an implementation schedule for the development and 93 administration of additional statewide, standardized EOC 94 assessments that must be approved by the state board. If 95 approved by the state board, student performance on such 96 assessments constitutes 30 percent of a student’s final course 97 grade. 98 6. All statewide, standardized EOC assessments must be 99 administered online except as otherwise provided in paragraph 100 (c). 101 (c) Students with disabilities; Florida Alternate 102 Assessment.— 103 1. Each district school board must provide instruction to 104 prepare students with disabilities in the core content knowledge 105 and skills necessary for successful grade-to-grade progression 106 and high school graduation. 107 2. A student with a disability, as defined in s. 108 1007.02(2), for whom the individual education plan (IEP) team 109 determines that the statewide, standardized assessments under 110 this section cannot accurately measure the student’s abilities, 111 taking into consideration all allowable accommodations, shall 112 have assessment results waived for the purpose of receiving a 113 course grade and a standard high school diploma. Such waiver 114 shall be designated on the student’s transcript. 115 3. The State Board of Education shall adopt rules, based 116 upon recommendations of the commissioner, for the provision of 117 assessment accommodations for students with disabilities and for 118 students who have limited English proficiency. 119 a. Accommodations that negate the validity of a statewide, 120 standardized assessment are not allowed during the 121 administration of the assessment. However, instructional 122 accommodations are allowed in the classroom if identified in a 123 student’s IEP. Students using instructional accommodations in 124 the classroom that are not allowed on a statewide, standardized 125 assessment may have assessment results waived if the IEP team 126 determines that the assessment cannot accurately measure the 127 student’s abilities. 128 b. If a student is provided with instructional 129 accommodations in the classroom that are not allowed as 130 accommodations for statewide, standardized assessments, the 131 district must inform the parent in writing and provide the 132 parent with information regarding the impact on the student’s 133 ability to meet expected performance levels. A parent must 134 provide signed consent for a student to receive classroom 135 instructional accommodations that would not be available or 136 permitted on a statewide, standardized assessment and 137 acknowledge in writing that he or she understands the 138 implications of such instructional accommodations. 139 c. If a student’s IEP states that online administration of 140 a statewide, standardized assessment will significantly impair 141 the student’s ability to perform, the assessment shall be 142 administered in hard copy. 143 4. For students with significant cognitive disabilities, 144 the Department of Education shall provide for implementation of 145 the Florida Alternate Assessment to accurately measure the core 146 curricular content established in the Next Generation Sunshine 147 State Standards. 148 (d) Common core assessments in English Language Arts (ELA) 149 and mathematics.— 150 1. Contingent upon funding, common core assessments in ELA 151 shall be administered to students in grades 3 through 11. Retake 152 opportunities for the grade 10 assessment must be provided. 153 Students taking the ELA assessments are not required to take the 154 assessments in FCAT Reading or FCAT Writing. Common core ELA 155 assessments shall be administered online. 156 2. Contingent upon funding, common core assessments in 157 mathematics shall be administered to all students in grades 3 158 through 8, and common core assessments in Algebra I, geometry, 159 and Algebra II shall be administered to students enrolled in 160 those courses. Retake opportunities must be provided for the 161 Algebra I assessment. Students may take the common core 162 mathematics assessments pursuant to the Credit Acceleration 163 Program (CAP) under s. 1003.4295(3). Students taking common core 164 assessments in mathematics are not required to take FCAT 165 Mathematics or statewide, standardized EOC assessments in 166 mathematics. Common core mathematics assessments shall be 167 administered online. 168 3. The State Board of Education shall adopt rules 169 establishing an implementation schedule to transition from FCAT 170 Reading, FCAT Writing, FCAT Mathematics, and Algebra I and 171 Geometry EOC assessments to common core assessments in English 172 Language Arts and mathematics. The schedule must take into 173 consideration funding, sufficient field and baseline data, 174 access to assessments, instructional alignment, and school 175 district readiness to administer the common core assessments 176 online. Until the 10th grade common core ELA and Algebra I 177 assessments become must-pass assessments, students must pass 178 10th grade FCAT Reading and the Algebra I EOC assessment, or 179 achieve a concordant or comparative score as authorized under 180 this section, in order to earn a standard high school diploma 181 under s. 1003.4282. Students taking 10th grade FCAT Reading or 182 the Algebra I EOC assessment are not required to take the 183 respective common core assessments. 184 4. The Department of Education shall publish minimum and 185 recommended technology requirements that include specifications 186 for hardware, software, networking, security, and broadband 187 capacity to facilitate school district compliance with the 188 requirement that common core assessments be administered online. 189 (e) Assessment scores and achievement levels.— 190 1. All statewide, standardized EOC assessments and FCAT 191 Reading, FCAT Writing, and FCAT Science shall use scaled scores 192 and achievement levels. Achievement levels shall range from 1 193 through 5, with level 1 being the lowest achievement level, 194 level 5 being the highest achievement level, and level 3 195 indicating satisfactory performance on an assessment. For 196 purposes of FCAT Writing, student achievement shall be scored 197 using a scale of 1 through 6. 198 2. The state board shall designate by rule a passing score 199 for each statewide, standardized EOC and FCAT assessment. In 200 addition, the state board shall designate a score for each 201 statewide, standardized EOC assessment that indicates that a 202 student is high achieving and has the potential to meet college 203 readiness standards by the time the student graduates from high 204 school. 205 3. If the commissioner seeks to revise a statewide, 206 standardized assessment and the revisions require the state 207 board to modify performance level scores, including the passing 208 score, the commissioner shall provide a copy of the proposed 209 scores and implementation plan to the President of the Senate 210 and the Speaker of the House of Representatives at least 90 days 211 before submission to the state board for review. Until the state 212 board adopts the modifications by rule, the commissioner shall 213 use calculations for scoring the assessment that adjust student 214 scores on the revised assessment for statistical equivalence to 215 student scores on the former assessment. The state board shall 216 adopt by rule the passing score for the revised assessment that 217 is statistically equivalent to the passing score on the 218 discontinued assessment for a student who is required to attain 219 a passing score on the discontinued assessment. The commissioner 220 may, with approval of the state board, discontinue 221 administration of the former assessment upon the graduation, 222 based on normal student progression, of students participating 223 in the final regular administration of the former assessment. If 224 the commissioner revises a statewide, standardized assessment 225 and the revisions require the state board to modify the passing 226 score, only students taking the assessment for the first time 227 after the rule is adopted are affected. 228 (f) Assessment schedules and reporting of results.—The 229 Commissioner of Education shall establish schedules for the 230 administration of assessments and the reporting of student 231 assessment results. The commissioner shall consider the 232 observance of religious and school holidays when developing the 233 schedule. By August 1 of each year, the commissioner shall 234 notify each school district in writing and publish on the 235 department’s website the assessment and reporting schedules for, 236 at a minimum, the school year following the upcoming school 237 year. The assessment and reporting schedules must provide the 238 earliest possible reporting of student assessment results to the 239 school districts. Assessment results for FCAT Reading and FCAT 240 Mathematics must be made available no later than the week of 241 June 8. The administration of FCAT Writing and the Florida 242 Alternate Assessment may be no earlier than the week of March 1. 243 School districts shall administer assessments in accordance with 244 the schedule established by the commissioner. 245 (g) Prohibited activities.—A district school board shall 246 prohibit each public school from suspending a regular program of 247 curricula for purposes of administering practice assessments or 248 engaging in other assessment-preparation activities for a 249 statewide, standardized assessment. However, a district school 250 board may authorize a public school to engage in the following 251 assessment-preparation activities: 252 1. Distributing to students sample assessment books and 253 answer keys published by the Department of Education. 254 2. Providing individualized instruction in assessment 255 taking strategies, without suspending the school’s regular 256 program of curricula, for a student who scores Level 1 or Level 257 2 on a prior administration of an assessment. 258 3. Providing individualized instruction in the content 259 knowledge and skills assessed, without suspending the school’s 260 regular program of curricula, for a student who scores Level 1 261 or Level 2 on a prior administration of an assessment or a 262 student who, through a diagnostic assessment administered by the 263 school district, is identified as having a deficiency in the 264 content knowledge and skills assessed. 265 4. Administering a practice assessment or engaging in other 266 assessment-preparation activities that are determined necessary 267 to familiarize students with the organization of the assessment, 268 the format of assessment items, and the assessment directions or 269 that are otherwise necessary for the valid and reliable 270 administration of the assessment, as set forth in rules adopted 271 by the State Board of Education with specific reference to this 272 paragraph. 273 (h) Contracts for assessments.—The commissioner shall 274 provide for the assessments to be developed or obtained, as 275 appropriate, through contracts and project agreements with 276 private vendors, public vendors, public agencies, postsecondary 277 educational institutions, or school districts. The commissioner 278 may enter into contracts for the continued administration of the 279 assessments authorized and funded by the Legislature. Contracts 280 may be initiated in 1 fiscal year and continue into the next 281 fiscal year and may be paid from the appropriations of either or 282 both fiscal years. The commissioner may negotiate for the sale 283 or lease of tests, scoring protocols, test scoring services, and 284 related materials developed pursuant to law. 285 286 ================= T I T L E A M E N D M E N T ================ 287 And the title is amended as follows: 288 Between lines 147 and 148 289 insert: 290 amending s. 1008.22, F.S.; authorizing parents of 291 students in grades 3 through 10 to choose to have 292 their child take one of the nationally norm-referenced 293 tests identified by the Department of Education or 294 certain statewide assessments;