Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. HB 7167, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Bullard moved the following:
    1         Senate Amendment to Amendment (653454) (with title
    2  amendment)
    4         Between lines 1530 and 1531
    5  insert:
    6         Section 9. Subsection (3) of section 1008.22, Florida
    7  Statutes, is amended to read:
    8         1008.22 Student assessment program for public schools.—
   10  Commissioner of Education shall design and implement a
   11  statewide, standardized assessment program aligned to the core
   12  curricular content established in the Next Generation Sunshine
   13  State Standards. The commissioner also must develop or select
   14  and implement a common battery of assessment tools that will be
   15  used in all juvenile justice education programs in the state.
   16  These tools must accurately measure the core curricular content
   17  established in the Next Generation Sunshine State Standards.
   18  Participation in the assessment program is mandatory for all
   19  school districts and all students attending public schools,
   20  including students seeking an adult high school diploma and
   21  students in Department of Juvenile Justice education programs,
   22  except as otherwise prescribed by the commissioner. If a student
   23  does not participate in the assessment program, the school
   24  district must notify the student’s parent and provide the parent
   25  with information regarding the implications of such
   26  nonparticipation. Parents of students in grades 3 through 10 may
   27  choose to have their child take one of the nationally norm
   28  referenced tests identified by the Department of Education or
   29  the statewide assessments pursuant this section. The statewide,
   30  standardized assessment program shall be designed and
   31  implemented as follows:
   32         (a) Florida Comprehensive Assessment Test (FCAT) until
   33  replaced by common core assessments.—FCAT Reading shall be
   34  administered annually in grades 3 through 10; FCAT Mathematics
   35  shall be administered annually in grades 3 through 8; FCAT
   36  Writing shall be administered annually at least once at the
   37  elementary, middle, and high school levels; and FCAT Science
   38  shall be administered annually at least once at the elementary
   39  and middle grades levels. A student who has not earned a passing
   40  score on grade 10 FCAT Reading must participate in each retake
   41  of the assessment until the student earns a passing score. The
   42  commissioner shall recommend and the State Board of Education
   43  must adopt a score on both the SAT and ACT that is concordant to
   44  a passing score on grade 10 FCAT Reading that, if achieved by a
   45  student, meets the must-pass requirement for grade 10 FCAT
   46  Reading.
   47         (b) End-of-course (EOC) assessments.—EOC assessments must
   48  be statewide, standardized, and developed or approved by the
   49  Department of Education as follows:
   50         1. Statewide, standardized EOC assessments in mathematics
   51  shall be administered according to this subparagraph. Beginning
   52  with the 2010-2011 school year, all students enrolled in Algebra
   53  I must take the Algebra I EOC assessment. Except as otherwise
   54  provided in this section, beginning with students entering grade
   55  9 in the 2011-2012 school year, a student who is enrolled in
   56  Algebra I must earn a passing score on the Algebra I EOC
   57  assessment or attain a comparative score as authorized under
   58  subsection (8) in order to earn a standard high school diploma.
   59  A student who has not earned a passing score on the Algebra I
   60  EOC assessment must participate in each retake of the assessment
   61  until the student earns a passing score. Beginning with the
   62  2011-2012 school year, all students enrolled in geometry must
   63  take the Geometry EOC assessment. Middle grades students
   64  enrolled in Algebra I or geometry must take the statewide,
   65  standardized EOC assessment for those courses and are not
   66  required to take the corresponding grade-level FCAT.
   67         2. Statewide, standardized EOC assessments in science shall
   68  be administered according to this subparagraph. Beginning with
   69  the 2011-2012 school year, all students enrolled in Biology I
   70  must take the Biology I EOC assessment.
   71         3. During the 2012-2013 school year, an EOC assessment in
   72  civics education shall be administered as a field test at the
   73  middle grades level. Beginning with the 2013-2014 school year,
   74  each student’s performance on the statewide, standardized EOC
   75  assessment in civics education constitutes 30 percent of the
   76  student’s final course grade.
   77         4. The commissioner may select one or more nationally
   78  developed comprehensive examinations, which may include
   79  examinations for a College Board Advanced Placement course,
   80  International Baccalaureate course, or Advanced International
   81  Certificate of Education course, or industry-approved
   82  examinations to earn national industry certifications identified
   83  in the Industry Certification Funding List, for use as EOC
   84  assessments under this paragraph if the commissioner determines
   85  that the content knowledge and skills assessed by the
   86  examinations meet or exceed the grade-level expectations for the
   87  core curricular content established for the course in the Next
   88  Generation Sunshine State Standards. Use of any such examination
   89  as an EOC assessment must be approved by the state board.
   90         5. Contingent upon funding provided in the General
   91  Appropriations Act, including the appropriation of funds
   92  received through federal grants, the commissioner may establish
   93  an implementation schedule for the development and
   94  administration of additional statewide, standardized EOC
   95  assessments that must be approved by the state board. If
   96  approved by the state board, student performance on such
   97  assessments constitutes 30 percent of a student’s final course
   98  grade.
   99         6. All statewide, standardized EOC assessments must be
  100  administered online except as otherwise provided in paragraph
  101  (c).
  102         (c) Students with disabilities; Florida Alternate
  103  Assessment.—
  104         1. Each district school board must provide instruction to
  105  prepare students with disabilities in the core content knowledge
  106  and skills necessary for successful grade-to-grade progression
  107  and high school graduation.
  108         2. A student with a disability, as defined in s.
  109  1007.02(2), for whom the individual education plan (IEP) team
  110  determines that the statewide, standardized assessments under
  111  this section cannot accurately measure the student’s abilities,
  112  taking into consideration all allowable accommodations, shall
  113  have assessment results waived for the purpose of receiving a
  114  course grade and a standard high school diploma. Such waiver
  115  shall be designated on the student’s transcript.
  116         3. The State Board of Education shall adopt rules, based
  117  upon recommendations of the commissioner, for the provision of
  118  assessment accommodations for students with disabilities and for
  119  students who have limited English proficiency.
  120         a. Accommodations that negate the validity of a statewide,
  121  standardized assessment are not allowed during the
  122  administration of the assessment. However, instructional
  123  accommodations are allowed in the classroom if identified in a
  124  student’s IEP. Students using instructional accommodations in
  125  the classroom that are not allowed on a statewide, standardized
  126  assessment may have assessment results waived if the IEP team
  127  determines that the assessment cannot accurately measure the
  128  student’s abilities.
  129         b. If a student is provided with instructional
  130  accommodations in the classroom that are not allowed as
  131  accommodations for statewide, standardized assessments, the
  132  district must inform the parent in writing and provide the
  133  parent with information regarding the impact on the student’s
  134  ability to meet expected performance levels. A parent must
  135  provide signed consent for a student to receive classroom
  136  instructional accommodations that would not be available or
  137  permitted on a statewide, standardized assessment and
  138  acknowledge in writing that he or she understands the
  139  implications of such instructional accommodations.
  140         c. If a student’s IEP states that online administration of
  141  a statewide, standardized assessment will significantly impair
  142  the student’s ability to perform, the assessment shall be
  143  administered in hard copy.
  144         4. For students with significant cognitive disabilities,
  145  the Department of Education shall provide for implementation of
  146  the Florida Alternate Assessment to accurately measure the core
  147  curricular content established in the Next Generation Sunshine
  148  State Standards.
  149         (d) Common core assessments in English Language Arts (ELA)
  150  and mathematics.—
  151         1. Contingent upon funding, common core assessments in ELA
  152  shall be administered to students in grades 3 through 11. Retake
  153  opportunities for the grade 10 assessment must be provided.
  154  Students taking the ELA assessments are not required to take the
  155  assessments in FCAT Reading or FCAT Writing. Common core ELA
  156  assessments shall be administered online.
  157         2. Contingent upon funding, common core assessments in
  158  mathematics shall be administered to all students in grades 3
  159  through 8, and common core assessments in Algebra I, geometry,
  160  and Algebra II shall be administered to students enrolled in
  161  those courses. Retake opportunities must be provided for the
  162  Algebra I assessment. Students may take the common core
  163  mathematics assessments pursuant to the Credit Acceleration
  164  Program (CAP) under s. 1003.4295(3). Students taking common core
  165  assessments in mathematics are not required to take FCAT
  166  Mathematics or statewide, standardized EOC assessments in
  167  mathematics. Common core mathematics assessments shall be
  168  administered online.
  169         3. The State Board of Education shall adopt rules
  170  establishing an implementation schedule to transition from FCAT
  171  Reading, FCAT Writing, FCAT Mathematics, and Algebra I and
  172  Geometry EOC assessments to common core assessments in English
  173  Language Arts and mathematics. The schedule must take into
  174  consideration funding, sufficient field and baseline data,
  175  access to assessments, instructional alignment, and school
  176  district readiness to administer the common core assessments
  177  online. Until the 10th grade common core ELA and Algebra I
  178  assessments become must-pass assessments, students must pass
  179  10th grade FCAT Reading and the Algebra I EOC assessment, or
  180  achieve a concordant or comparative score as authorized under
  181  this section, in order to earn a standard high school diploma
  182  under s. 1003.4282. Students taking 10th grade FCAT Reading or
  183  the Algebra I EOC assessment are not required to take the
  184  respective common core assessments.
  185         4. The Department of Education shall publish minimum and
  186  recommended technology requirements that include specifications
  187  for hardware, software, networking, security, and broadband
  188  capacity to facilitate school district compliance with the
  189  requirement that common core assessments be administered online.
  190         (e) Assessment scores and achievement levels.—
  191         1. All statewide, standardized EOC assessments and FCAT
  192  Reading, FCAT Writing, and FCAT Science shall use scaled scores
  193  and achievement levels. Achievement levels shall range from 1
  194  through 5, with level 1 being the lowest achievement level,
  195  level 5 being the highest achievement level, and level 3
  196  indicating satisfactory performance on an assessment. For
  197  purposes of FCAT Writing, student achievement shall be scored
  198  using a scale of 1 through 6.
  199         2. The state board shall designate by rule a passing score
  200  for each statewide, standardized EOC and FCAT assessment. In
  201  addition, the state board shall designate a score for each
  202  statewide, standardized EOC assessment that indicates that a
  203  student is high achieving and has the potential to meet college
  204  readiness standards by the time the student graduates from high
  205  school.
  206         3. If the commissioner seeks to revise a statewide,
  207  standardized assessment and the revisions require the state
  208  board to modify performance level scores, including the passing
  209  score, the commissioner shall provide a copy of the proposed
  210  scores and implementation plan to the President of the Senate
  211  and the Speaker of the House of Representatives at least 90 days
  212  before submission to the state board for review. Until the state
  213  board adopts the modifications by rule, the commissioner shall
  214  use calculations for scoring the assessment that adjust student
  215  scores on the revised assessment for statistical equivalence to
  216  student scores on the former assessment. The state board shall
  217  adopt by rule the passing score for the revised assessment that
  218  is statistically equivalent to the passing score on the
  219  discontinued assessment for a student who is required to attain
  220  a passing score on the discontinued assessment. The commissioner
  221  may, with approval of the state board, discontinue
  222  administration of the former assessment upon the graduation,
  223  based on normal student progression, of students participating
  224  in the final regular administration of the former assessment. If
  225  the commissioner revises a statewide, standardized assessment
  226  and the revisions require the state board to modify the passing
  227  score, only students taking the assessment for the first time
  228  after the rule is adopted are affected.
  229         (f) Assessment schedules and reporting of results.—The
  230  Commissioner of Education shall establish schedules for the
  231  administration of assessments and the reporting of student
  232  assessment results. The commissioner shall consider the
  233  observance of religious and school holidays when developing the
  234  schedule. By August 1 of each year, the commissioner shall
  235  notify each school district in writing and publish on the
  236  department’s website the assessment and reporting schedules for,
  237  at a minimum, the school year following the upcoming school
  238  year. The assessment and reporting schedules must provide the
  239  earliest possible reporting of student assessment results to the
  240  school districts. Assessment results for FCAT Reading and FCAT
  241  Mathematics must be made available no later than the week of
  242  June 8. The administration of FCAT Writing and the Florida
  243  Alternate Assessment may be no earlier than the week of March 1.
  244  School districts shall administer assessments in accordance with
  245  the schedule established by the commissioner.
  246         (g) Prohibited activities.—A district school board shall
  247  prohibit each public school from suspending a regular program of
  248  curricula for purposes of administering practice assessments or
  249  engaging in other assessment-preparation activities for a
  250  statewide, standardized assessment. However, a district school
  251  board may authorize a public school to engage in the following
  252  assessment-preparation activities:
  253         1. Distributing to students sample assessment books and
  254  answer keys published by the Department of Education.
  255         2. Providing individualized instruction in assessment
  256  taking strategies, without suspending the school’s regular
  257  program of curricula, for a student who scores Level 1 or Level
  258  2 on a prior administration of an assessment.
  259         3. Providing individualized instruction in the content
  260  knowledge and skills assessed, without suspending the school’s
  261  regular program of curricula, for a student who scores Level 1
  262  or Level 2 on a prior administration of an assessment or a
  263  student who, through a diagnostic assessment administered by the
  264  school district, is identified as having a deficiency in the
  265  content knowledge and skills assessed.
  266         4. Administering a practice assessment or engaging in other
  267  assessment-preparation activities that are determined necessary
  268  to familiarize students with the organization of the assessment,
  269  the format of assessment items, and the assessment directions or
  270  that are otherwise necessary for the valid and reliable
  271  administration of the assessment, as set forth in rules adopted
  272  by the State Board of Education with specific reference to this
  273  paragraph.
  274         (h) Contracts for assessments.—The commissioner shall
  275  provide for the assessments to be developed or obtained, as
  276  appropriate, through contracts and project agreements with
  277  private vendors, public vendors, public agencies, postsecondary
  278  educational institutions, or school districts. The commissioner
  279  may enter into contracts for the continued administration of the
  280  assessments authorized and funded by the Legislature. Contracts
  281  may be initiated in 1 fiscal year and continue into the next
  282  fiscal year and may be paid from the appropriations of either or
  283  both fiscal years. The commissioner may negotiate for the sale
  284  or lease of tests, scoring protocols, test scoring services, and
  285  related materials developed pursuant to law.
  287  ================= T I T L E  A M E N D M E N T ================
  288  And the title is amended as follows:
  289         Delete line 1898
  290  and insert:
  291         instructional personnel; amending s. 1008.22, F.S.;
  292         authorizing parents of students in grades 3 through 10
  293         to choose to have their child take one of the
  294         nationally norm-referenced tests identified by the
  295         Department of Education or certain statewide
  296         assessments; amending s. 1008.25, F.S.;