Florida Senate - 2011                                    SB 1996
       
       
       
       By the Committee on Education Pre-K - 12
       
       
       
       
       581-02308-11                                          20111996__
    1                        A bill to be entitled                      
    2         An act relating to the student assessment program for
    3         public schools; amending s. 1008.22, F.S.; deleting a
    4         provision requiring that certain middle school
    5         students who earned high school credit in Algebra I
    6         take the Algebra I end-of-course assessment during the
    7         2010-2011 school year; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (c) of subsection (3) of section
   12  1008.22, Florida Statutes, is amended to read:
   13         1008.22 Student assessment program for public schools.—
   14         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
   15  design and implement a statewide program of educational
   16  assessment that provides information for the improvement of the
   17  operation and management of the public schools, including
   18  schools operating for the purpose of providing educational
   19  services to youth in Department of Juvenile Justice programs.
   20  The commissioner may enter into contracts for the continued
   21  administration of the assessment, testing, and evaluation
   22  programs authorized and funded by the Legislature. Contracts may
   23  be initiated in 1 fiscal year and continue into the next and may
   24  be paid from the appropriations of either or both fiscal years.
   25  The commissioner is authorized to negotiate for the sale or
   26  lease of tests, scoring protocols, test scoring services, and
   27  related materials developed pursuant to law. Pursuant to the
   28  statewide assessment program, the commissioner shall:
   29         (c) Develop and implement a student achievement testing
   30  program as follows:
   31         1. The Florida Comprehensive Assessment Test (FCAT)
   32  measures a student’s content knowledge and skills in reading,
   33  writing, science, and mathematics. The content knowledge and
   34  skills assessed by the FCAT must be aligned to the core
   35  curricular content established in the Next Generation Sunshine
   36  State Standards. Other content areas may be included as directed
   37  by the commissioner. Comprehensive assessments of reading and
   38  mathematics shall be administered annually in grades 3 through
   39  10 except, beginning with the 2010-2011 school year, the
   40  administration of grade 9 FCAT Mathematics shall be
   41  discontinued, and beginning with the 2011-2012 school year, the
   42  administration of grade 10 FCAT Mathematics shall be
   43  discontinued, except as required for students who have not
   44  attained minimum performance expectations for graduation as
   45  provided in paragraph (9)(c). FCAT Writing and FCAT Science
   46  shall be administered at least once at the elementary, middle,
   47  and high school levels except, beginning with the 2011-2012
   48  school year, the administration of FCAT Science at the high
   49  school level shall be discontinued.
   50         2.a. End-of-course assessments for a subject shall be
   51  administered in addition to the comprehensive assessments
   52  required under subparagraph 1. End-of-course assessments must be
   53  rigorous, statewide, standardized, and developed or approved by
   54  the department. The content knowledge and skills assessed by
   55  end-of-course assessments must be aligned to the core curricular
   56  content established in the Next Generation Sunshine State
   57  Standards.
   58         (I) Statewide, standardized end-of-course assessments in
   59  mathematics shall be administered according to this sub-sub
   60  subparagraph. Beginning with the 2010-2011 school year, all
   61  students enrolled in Algebra I or an equivalent course must take
   62  the Algebra I end-of-course assessment. Students who earned high
   63  school credit in Algebra I while in grades 6 through 8 during
   64  the 2007-2008 through 2009-2010 school years and who have not
   65  taken Grade 10 FCAT Mathematics must take the Algebra I end-of
   66  course assessment during the 2010-2011 school year. For students
   67  entering grade 9 during the 2010-2011 school year and who are
   68  enrolled in Algebra I or an equivalent, each student’s
   69  performance on the end-of-course assessment in Algebra I shall
   70  constitute 30 percent of the student’s final course grade.
   71  Beginning with students entering grade 9 in the 2011-2012 school
   72  year, a student who is enrolled in Algebra I or an equivalent
   73  must earn a passing score on the end-of-course assessment in
   74  Algebra I or attain an equivalent score as described in
   75  subsection (11) in order to earn course credit. Beginning with
   76  the 2011-2012 school year, all students enrolled in geometry or
   77  an equivalent course must take the geometry end-of-course
   78  assessment. For students entering grade 9 during the 2011-2012
   79  school year, each student’s performance on the end-of-course
   80  assessment in geometry shall constitute 30 percent of the
   81  student’s final course grade. Beginning with students entering
   82  grade 9 during the 2012-2013 school year, a student must earn a
   83  passing score on the end-of-course assessment in geometry or
   84  attain an equivalent score as described in subsection (11) in
   85  order to earn course credit.
   86         (II) Statewide, standardized end-of-course assessments in
   87  science shall be administered according to this sub-sub
   88  subparagraph. Beginning with the 2011-2012 school year, all
   89  students enrolled in Biology I or an equivalent course must take
   90  the Biology I end-of-course assessment. For the 2011-2012 school
   91  year, each student’s performance on the end-of-course assessment
   92  in Biology I shall constitute 30 percent of the student’s final
   93  course grade. Beginning with students entering grade 9 during
   94  the 2012-2013 school year, a student must earn a passing score
   95  on the end-of-course assessment in Biology I in order to earn
   96  course credit.
   97         b. During the 2012-2013 school year, an end-of-course
   98  assessment in civics education shall be administered as a field
   99  test at the middle school level. During the 2013-2014 school
  100  year, each student’s performance on the statewide, standardized
  101  end-of-course assessment in civics education shall constitute 30
  102  percent of the student’s final course grade. Beginning with the
  103  2014-2015 school year, a student must earn a passing score on
  104  the end-of-course assessment in civics education in order to
  105  pass the course and receive course credit.
  106         c. The commissioner may select one or more nationally
  107  developed comprehensive examinations, which may include, but
  108  need not be limited to, examinations for a College Board
  109  Advanced Placement course, International Baccalaureate course,
  110  or Advanced International Certificate of Education course, or
  111  industry-approved examinations to earn national industry
  112  certifications identified in the Industry Certification Funding
  113  List, pursuant to rules adopted by the State Board of Education,
  114  for use as end-of-course assessments under this paragraph, if
  115  the commissioner determines that the content knowledge and
  116  skills assessed by the examinations meet or exceed the grade
  117  level expectations for the core curricular content established
  118  for the course in the Next Generation Sunshine State Standards.
  119  The commissioner may collaborate with the American Diploma
  120  Project in the adoption or development of rigorous end-of-course
  121  assessments that are aligned to the Next Generation Sunshine
  122  State Standards.
  123         d. Contingent upon funding provided in the General
  124  Appropriations Act, including the appropriation of funds
  125  received through federal grants, the Commissioner of Education
  126  shall establish an implementation schedule for the development
  127  and administration of additional statewide, standardized end-of
  128  course assessments in English/Language Arts II, Algebra II,
  129  chemistry, physics, earth/space science, United States history,
  130  and world history. Priority shall be given to the development of
  131  end-of-course assessments in English/Language Arts II. The
  132  Commissioner of Education shall evaluate the feasibility and
  133  effect of transitioning from the grade 9 and grade 10 FCAT
  134  Reading and high school level FCAT Writing to an end-of-course
  135  assessment in English/Language Arts II. The commissioner shall
  136  report the results of the evaluation to the President of the
  137  Senate and the Speaker of the House of Representatives no later
  138  than July 1, 2011.
  139         3. The testing program shall measure student content
  140  knowledge and skills adopted by the State Board of Education as
  141  specified in paragraph (a) and measure and report student
  142  performance levels of all students assessed in reading, writing,
  143  mathematics, and science. The commissioner shall provide for the
  144  tests to be developed or obtained, as appropriate, through
  145  contracts and project agreements with private vendors, public
  146  vendors, public agencies, postsecondary educational
  147  institutions, or school districts. The commissioner shall obtain
  148  input with respect to the design and implementation of the
  149  testing program from state educators, assistive technology
  150  experts, and the public.
  151         4. The testing program shall be composed of criterion
  152  referenced tests that shall, to the extent determined by the
  153  commissioner, include test items that require the student to
  154  produce information or perform tasks in such a way that the core
  155  content knowledge and skills he or she uses can be measured.
  156         5. FCAT Reading, Mathematics, and Science and all
  157  statewide, standardized end-of-course assessments shall measure
  158  the content knowledge and skills a student has attained on the
  159  assessment by the use of scaled scores and achievement levels.
  160  Achievement levels shall range from 1 through 5, with level 1
  161  being the lowest achievement level, level 5 being the highest
  162  achievement level, and level 3 indicating satisfactory
  163  performance on an assessment. For purposes of FCAT Writing,
  164  student achievement shall be scored using a scale of 1 through 6
  165  and the score earned shall be used in calculating school grades.
  166  A score shall be designated for each subject area tested, below
  167  which score a student’s performance is deemed inadequate. The
  168  school districts shall provide appropriate remedial instruction
  169  to students who score below these levels.
  170         6. The State Board of Education shall, by rule, designate a
  171  passing score for each part of the grade 10 assessment test and
  172  end-of-course assessments. Any rule that has the effect of
  173  raising the required passing scores may apply only to students
  174  taking the assessment for the first time after the rule is
  175  adopted by the State Board of Education. Except as otherwise
  176  provided in this subparagraph and as provided in s.
  177  1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
  178  passing score on grade 10 FCAT Reading and grade 10 FCAT
  179  Mathematics or attain concordant scores as described in
  180  subsection (10) in order to qualify for a standard high school
  181  diploma.
  182         7. In addition to designating a passing score under
  183  subparagraph 6., the State Board of Education shall also
  184  designate, by rule, a score for each statewide, standardized
  185  end-of-course assessment which indicates that a student is high
  186  achieving and has the potential to meet college-readiness
  187  standards by the time the student graduates from high school.
  188         8. Participation in the testing program is mandatory for
  189  all students attending public school, including students served
  190  in Department of Juvenile Justice programs, except as otherwise
  191  prescribed by the commissioner. A student who has not earned
  192  passing scores on the grade 10 FCAT as provided in subparagraph
  193  6. must participate in each retake of the assessment until the
  194  student earns passing scores or achieves scores on a
  195  standardized assessment which are concordant with passing scores
  196  pursuant to subsection (10). If a student does not participate
  197  in the statewide assessment, the district must notify the
  198  student’s parent and provide the parent with information
  199  regarding the implications of such nonparticipation. A parent
  200  must provide signed consent for a student to receive classroom
  201  instructional accommodations that would not be available or
  202  permitted on the statewide assessments and must acknowledge in
  203  writing that he or she understands the implications of such
  204  instructional accommodations. The State Board of Education shall
  205  adopt rules, based upon recommendations of the commissioner, for
  206  the provision of test accommodations for students in exceptional
  207  education programs and for students who have limited English
  208  proficiency. Accommodations that negate the validity of a
  209  statewide assessment are not allowable in the administration of
  210  the FCAT or an end-of-course assessment. However, instructional
  211  accommodations are allowable in the classroom if included in a
  212  student’s individual education plan. Students using
  213  instructional accommodations in the classroom that are not
  214  allowable as accommodations on the FCAT or an end-of-course
  215  assessment may have the FCAT or an end-of-course assessment
  216  requirement waived pursuant to the requirements of s.
  217  1003.428(8)(b) or s. 1003.43(11)(b).
  218         9. A student seeking an adult high school diploma must meet
  219  the same testing requirements that a regular high school student
  220  must meet.
  221         10. District school boards must provide instruction to
  222  prepare students in the core curricular content established in
  223  the Next Generation Sunshine State Standards adopted under s.
  224  1003.41, including the core content knowledge and skills
  225  necessary for successful grade-to-grade progression and high
  226  school graduation. If a student is provided with instructional
  227  accommodations in the classroom that are not allowable as
  228  accommodations in the statewide assessment program, as described
  229  in the test manuals, the district must inform the parent in
  230  writing and must provide the parent with information regarding
  231  the impact on the student’s ability to meet expected performance
  232  levels in reading, writing, mathematics, and science. The
  233  commissioner shall conduct studies as necessary to verify that
  234  the required core curricular content is part of the district
  235  instructional programs.
  236         11. District school boards must provide opportunities for
  237  students to demonstrate an acceptable performance level on an
  238  alternative standardized assessment approved by the State Board
  239  of Education following enrollment in summer academies.
  240         12. The Department of Education must develop, or select,
  241  and implement a common battery of assessment tools that will be
  242  used in all juvenile justice programs in the state. These tools
  243  must accurately measure the core curricular content established
  244  in the Next Generation Sunshine State Standards.
  245         13. For students seeking a special diploma pursuant to s.
  246  1003.438, the Department of Education must develop or select and
  247  implement an alternate assessment tool that accurately measures
  248  the core curricular content established in the Next Generation
  249  Sunshine State Standards for students with disabilities under s.
  250  1003.438.
  251         14. The Commissioner of Education shall establish schedules
  252  for the administration of statewide assessments and the
  253  reporting of student test results. When establishing the
  254  schedules for the administration of statewide assessments, the
  255  commissioner shall consider the observance of religious and
  256  school holidays. The commissioner shall, by August 1 of each
  257  year, notify each school district in writing and publish on the
  258  department’s Internet website the testing and reporting
  259  schedules for, at a minimum, the school year following the
  260  upcoming school year. The testing and reporting schedules shall
  261  require that:
  262         a. There is the latest possible administration of statewide
  263  assessments and the earliest possible reporting to the school
  264  districts of student test results which is feasible within
  265  available technology and specific appropriations; however, test
  266  results for the FCAT must be made available no later than the
  267  week of June 8. Student results for end-of-course assessments
  268  must be provided no later than 1 week after the school district
  269  completes testing for each course.
  270         b. Beginning with the 2010-2011 school year, FCAT Writing
  271  is not administered earlier than the week of March 1 and a
  272  comprehensive statewide assessment of any other subject is not
  273  administered earlier than the week of April 15.
  274         c. A statewide, standardized end-of-course assessment is
  275  administered during a 3-week period at the end of the course.
  276  The commissioner shall select a 3-week administration period for
  277  assessments that meets the intent of end-of-course assessments
  278  and provides student results prior to the end of the course.
  279  School districts shall select 1 testing week within the 3-week
  280  administration period for each end-of-course assessment. For an
  281  end-of-course assessment administered at the end of the first
  282  semester, the commissioner shall determine the most appropriate
  283  testing dates based on a school district’s academic calendar.
  284  
  285  The commissioner may, based on collaboration and input from
  286  school districts, design and implement student testing programs,
  287  for any grade level and subject area, necessary to effectively
  288  monitor educational achievement in the state, including the
  289  measurement of educational achievement of the Next Generation
  290  Sunshine State Standards for students with disabilities.
  291  Development and refinement of assessments shall include
  292  universal design principles and accessibility standards that
  293  will prevent any unintended obstacles for students with
  294  disabilities while ensuring the validity and reliability of the
  295  test. These principles should be applicable to all technology
  296  platforms and assistive devices available for the assessments.
  297  The field testing process and psychometric analyses for the
  298  statewide assessment program must include an appropriate
  299  percentage of students with disabilities and an evaluation or
  300  determination of the effect of test items on such students.
  301         Section 2. This act shall take effect upon becoming a law.