Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. PCS (688260) for CS for SB 1076
       
       
       
       
       
       
                                Barcode 857770                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Montford) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1036 and 1037
    4  insert:
    5         Section 19. Section 1008.22, Florida Statutes, is amended
    6  to read:
    7         (Substantial rewording of section. See
    8         s. 1008.22, F.S., for present text.)
    9         1008.22 Student assessment program for public schools.—
   10         (1) PURPOSE.—The primary purpose of the student assessment
   11  program is to provide student academic achievement and learning
   12  gains data to students, parents, teachers, school
   13  administrators, and school district staff. This data is to be
   14  used by districts to improve instruction; by students, parents,
   15  and teachers to guide learning objectives; by education
   16  researchers to assess national and international education
   17  comparison data; and by the public to assess the cost benefit of
   18  the expenditure of taxpayer dollars. The program must be
   19  designed to:
   20         (a) Assess the achievement level and annual learning gains
   21  of each student in English Language Arts and mathematics and the
   22  achievement level in all other subjects assessed.
   23         (b) Provide data for making decisions regarding school
   24  accountability, recognition, and improvement of operations and
   25  management, including schools operating for the purpose of
   26  providing educational services to youth in Department of
   27  Juvenile Justice programs.
   28         (c) Identify the educational strengths and needs of
   29  students and the readiness of students to be promoted to the
   30  next grade level or to graduate from high school.
   31         (d) Assess how well educational goals and curricular
   32  standards are met at the school, district, state, national, and
   33  international levels.
   34         (e) Provide information to aid in the evaluation and
   35  development of educational programs and policies.
   36         (2) NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.
   37  Florida school districts shall participate in the administration
   38  of the National Assessment of Educational Progress, or similar
   39  national or international assessments, both for the national
   40  sample and for any state-by-state comparison programs that may
   41  be initiated, as directed by the Commissioner of Education. The
   42  assessments must be conducted using the data collection
   43  procedures, student surveys, educator surveys, and other
   44  instruments included in the National Assessment of Educational
   45  Progress or similar national or international assessments being
   46  administered in Florida. The administration of such assessments
   47  shall be in addition to and separate from the administration of
   48  the statewide, standardized assessments.
   49         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
   50  Commissioner of Education shall design and implement a
   51  statewide, standardized assessment program aligned to the core
   52  curricular content established in the Next Generation Sunshine
   53  State Standards. The commissioner also must develop or select
   54  and implement a common battery of assessment tools that will be
   55  used in all juvenile justice education programs in the state.
   56  These tools must accurately measure the core curricular content
   57  established in the Next Generation Sunshine State Standards.
   58  Participation in the assessment program is mandatory for all
   59  school districts and all students attending public schools,
   60  including students seeking an adult high school diploma and
   61  students in Department of Juvenile Justice education programs,
   62  except as otherwise prescribed by the commissioner. If a student
   63  does not participate in the assessment program, the school
   64  district must notify the student’s parent and provide the parent
   65  with information regarding the implications of such
   66  nonparticipation. The statewide, standardized assessment program
   67  shall be designed and implemented as follows:
   68         (a) Florida Comprehensive Assessment Test (FCAT) until
   69  replaced by common core assessments.—FCAT Reading shall be
   70  administered annually in grades 3 through 10; FCAT Mathematics
   71  shall be administered annually in grades 3 through 8; FCAT
   72  Writing shall be administered annually at least once at the
   73  elementary, middle, and high school levels; and FCAT Science
   74  shall be administered annually at least once at the elementary
   75  and middle grades levels. A student who has not earned a passing
   76  score on grade 10 FCAT Reading must participate in each retake
   77  of the assessment until the student earns a passing score. The
   78  commissioner shall recommend and the State Board of Education
   79  must adopt a score on both the SAT and ACT which is concordant
   80  to a passing score on grade 10 FCAT Reading which, if achieved
   81  by a student, meets the must-pass requirement for grade 10 FCAT
   82  Reading.
   83         (b) End-of-course (EOC) assessments.—EOC assessments must
   84  be statewide, standardized, and developed or approved by the
   85  Department of Education as follows:
   86         1. Statewide, standardized EOC assessments in mathematics
   87  shall be administered according to this subparagraph. Beginning
   88  with the 2010-2011 school year, all students enrolled in Algebra
   89  I must take the Algebra I EOC assessment. Except as otherwise
   90  provided in this section, beginning with students entering grade
   91  9 in the 2011-2012 school year, a student who is enrolled in
   92  Algebra I must earn a passing score on the Algebra I EOC
   93  assessment or attain a comparative score as authorized under
   94  subsection (8) in order to earn a standard high school diploma.
   95  A student who has not earned a passing score on the Algebra I
   96  EOC assessment must participate in each retake of the assessment
   97  until the student earns a passing score. Beginning with the
   98  2011-2012 school year, all students enrolled in Geometry must
   99  take the Geometry EOC assessment. Middle grades students
  100  enrolled in Algebra I or Geometry must take the statewide,
  101  standardized EOC assessment for those courses and are not
  102  required to take the corresponding grade-level FCAT.
  103         2. Statewide, standardized EOC assessments in science shall
  104  be administered according to this subparagraph. Beginning with
  105  the 2011-2012 school year, all students enrolled in Biology I
  106  must take the Biology I EOC assessment.
  107         3. During the 2012-2013 school year, an EOC assessment in
  108  civics education shall be administered as a field test at the
  109  middle grades level. Beginning with the 2013-2014 school year,
  110  each student’s performance on the statewide, standardized EOC
  111  assessment in civics education constitutes 30 percent of the
  112  student’s final course grade.
  113         4. The commissioner may select one or more nationally
  114  developed comprehensive examinations, which may include
  115  examinations for a College Board Advanced Placement course,
  116  International Baccalaureate course, or Advanced International
  117  Certificate of Education course, or industry-approved
  118  examinations to earn national industry certifications identified
  119  in the Industry Certification Funding List, for use as EOC
  120  assessments under this paragraph if the commissioner determines
  121  that the content knowledge and skills assessed by the
  122  examinations meet or exceed the grade-level expectations for the
  123  core curricular content established for the course in the Next
  124  Generation Sunshine State Standards. Use of any such examination
  125  as an EOC assessment must be approved by the state board.
  126         5. Contingent upon funding provided in the General
  127  Appropriations Act, including the appropriation of funds
  128  received through federal grants, the commissioner may establish
  129  an implementation schedule for the development and
  130  administration of additional statewide, standardized EOC
  131  assessments that must be approved by the state board. If
  132  approved by the state board, student performance on such
  133  assessments constitutes 30 percent of a student’s final course
  134  grade.
  135         6. All statewide, standardized EOC assessments must be
  136  administered online except as otherwise provided in paragraph
  137  (c).
  138         (c) Students with disabilities; Florida Alternate
  139  Assessment.
  140         1. Each district school board must provide instruction to
  141  prepare students with disabilities in the core content knowledge
  142  and skills necessary for successful grade-to-grade progression
  143  and high school graduation.
  144         2. A student with a disability, as defined in s.
  145  1007.02(2), for whom the individual education plan (IEP) team
  146  determines that the statewide, standardized assessments under
  147  this section cannot accurately measure the student’s abilities,
  148  taking into consideration all allowable accommodations, shall
  149  have assessment results waived for the purpose of receiving a
  150  course grade and a standard high school diploma. Such waiver
  151  shall be designated on the diploma as provided under s.
  152  1003.4285.
  153         3. The State Board of Education shall adopt rules, based
  154  upon recommendations of the commissioner, for the provision of
  155  assessment accommodations for students with disabilities and for
  156  students who have limited English proficiency.
  157         a. Accommodations that negate the validity of a statewide,
  158  standardized assessment are not allowed during the
  159  administration of the assessment. However, instructional
  160  accommodations are allowed in the classroom if identified in a
  161  student’s IEP. Students using instructional accommodations in
  162  the classroom which are not allowed on a statewide, standardized
  163  assessment may have assessment results waived if the IEP team
  164  determines that the assessment cannot accurately measure the
  165  student’s abilities.
  166         b. If a student is provided with instructional
  167  accommodations in the classroom which are not allowed as
  168  accommodations for statewide, standardized assessments, the
  169  district must inform the parent in writing and provide the
  170  parent with information regarding the impact on the student’s
  171  ability to meet expected performance levels. A parent must
  172  provide signed consent for a student to receive classroom
  173  instructional accommodations that would not be available or
  174  permitted on a statewide, standardized assessment and
  175  acknowledge in writing that he or she understands the
  176  implications of such instructional accommodations.
  177         c. If a student’s IEP states that online administration of
  178  a statewide, standardized assessment will significantly impair
  179  the student’s ability to perform, the assessment shall be
  180  administered in hard copy.
  181         4. For students with significant cognitive disabilities,
  182  the Department of Education shall provide for implementation of
  183  the Florida Alternate Assessment to accurately measure the core
  184  curricular content established in the Next Generation Sunshine
  185  State Standards.
  186         (d) Common core assessments in English Language Arts (ELA)
  187  and Mathematics.
  188         1. Contingent upon funding, common core assessments in ELA
  189  shall be administered to students in grades 3 through 11. Retake
  190  opportunities for the grade 10 assessment must be provided.
  191  Students taking the ELA assessments are not required to take the
  192  assessments in FCAT Reading or FCAT Writing. Common core ELA
  193  assessments shall be administered online.
  194         2. Contingent upon funding, common core assessments in
  195  Mathematics shall be administered to all students in grades 3
  196  through 8, and common core assessments in Algebra I, Geometry,
  197  and Algebra II shall be administered to students enrolled in
  198  those courses. Retake opportunities must be provided for the
  199  Algebra I assessment. Students may take the common core
  200  Mathematics assessments pursuant to the Credit Acceleration
  201  Program (CAP) under s. 1003.4295(3). Students taking common core
  202  assessments in mathematics are not required to take FCAT
  203  Mathematics or statewide, standardized EOC assessments in
  204  mathematics. Common core mathematics assessments shall be
  205  administered online.
  206         3. The State Board of Education shall adopt rules
  207  establishing an implementation schedule to transition from FCAT
  208  Reading, FCAT Writing, FCAT Mathematics, and Algebra I and
  209  geometry EOC assessments to common core assessments in English
  210  language arts and mathematics. The schedule must take into
  211  consideration funding, sufficient field and baseline data,
  212  access to assessments, instructional alignment, and school
  213  district readiness to administer the common core assessments
  214  online. Until the grade 10 common core ELA and Algebra I
  215  assessments become must-pass assessments, students must pass
  216  grade 10 FCAT Reading and the Algebra I EOC assessment, or
  217  achieve a concordant or comparative score as authorized under
  218  this section, in order to earn a standard high school diploma
  219  under s. 1003.4282. Students taking grade 10 FCAT Reading or the
  220  Algebra I EOC assessment are not required to take the respective
  221  common core assessments.
  222         (e) Assessment scores and achievement levels.
  223         1. All statewide, standardized EOC assessments and FCAT
  224  Reading, FCAT Writing, and FCAT Science shall use scaled scores
  225  and achievement levels. Achievement levels shall range from 1
  226  through 5, with level 1 being the lowest achievement level,
  227  level 5 being the highest achievement level, and level 3
  228  indicating satisfactory performance on an assessment. For
  229  purposes of FCAT Writing, student achievement shall be scored
  230  using a scale of 1 through 6. Common core English Language Arts
  231  and Mathematics assessments shall use achievement levels 1
  232  through 6.
  233         2. The state board shall designate by rule a passing score
  234  for each statewide, standardized EOC and FCAT assessment. In
  235  addition, the state board shall designate a score for each
  236  statewide, standardized EOC assessment which indicates that a
  237  student is high achieving and has the potential to meet college
  238  readiness standards by the time the student graduates from high
  239  school.
  240         3. If the commissioner seeks to revise a statewide,
  241  standardized assessment and the revisions require the state
  242  board to modify performance level scores, including the passing
  243  score, the commissioner shall provide a copy of the proposed
  244  scores and implementation plan to the President of the Senate
  245  and the Speaker of the House of Representatives at least 90 days
  246  before submission to the state board for review. Until the state
  247  board adopts the modifications by rule, the commissioner shall
  248  use calculations for scoring the assessment which adjust student
  249  scores on the revised assessment for statistical equivalence to
  250  student scores on the former assessment. The state board shall
  251  adopt by rule the passing score for the revised assessment which
  252  is statistically equivalent to the passing score on the
  253  discontinued assessment for a student who is required to attain
  254  a passing score on the discontinued assessment. The commissioner
  255  may, with approval of the state board, discontinue
  256  administration of the former assessment upon the graduation,
  257  based on normal student progression, of students participating
  258  in the final regular administration of the former assessment. If
  259  the commissioner revises a statewide, standardized assessment
  260  and the revisions require the state board to modify the passing
  261  score, only students taking the assessment for the first time
  262  after the rule is adopted are affected.
  263         (f) Assessment schedules and reporting of results.—The
  264  Commissioner of Education shall establish schedules for the
  265  administration of assessments and the reporting of student
  266  assessment results. The commissioner shall consider the
  267  observance of religious and school holidays when developing the
  268  schedule. By August 1 of each year, the commissioner shall
  269  notify each school district in writing and publish on the
  270  department’s website the assessment and reporting schedules for,
  271  at a minimum, the school year following the upcoming school
  272  year. The assessment and reporting schedules must provide the
  273  earliest possible reporting of student assessment results to the
  274  school districts. Assessment results for FCAT Reading and FCAT
  275  Mathematics must be made available no later than the week of
  276  June 8. The administration of FCAT Writing and the Florida
  277  Alternate Assessment may be no earlier than the week of March 1.
  278  School districts shall administer assessments in accordance with
  279  the schedule established by the commissioner.
  280         (g) Prohibited activities.—A district school board shall
  281  prohibit each public school from suspending a regular program of
  282  curricula for purposes of administering practice assessments or
  283  engaging in other assessment-preparation activities for a
  284  statewide, standardized assessment. However, a district school
  285  board may authorize a public school to engage in the following
  286  assessment-preparation activities:
  287         1. Distributing to students sample assessment books and
  288  answer keys published by the Department of Education.
  289         2. Providing individualized instruction in assessment
  290  taking strategies, without suspending the school’s regular
  291  program of curricula, for a student who scores Level 1 or Level
  292  2 on a prior administration of an assessment.
  293         3. Providing individualized instruction in the content
  294  knowledge and skills assessed, without suspending the school’s
  295  regular program of curricula, for a student who scores Level 1
  296  or Level 2 on a prior administration of an assessment or a
  297  student who, through a diagnostic assessment administered by the
  298  school district, is identified as having a deficiency in the
  299  content knowledge and skills assessed.
  300         4. Administering a practice assessment or engaging in other
  301  assessment-preparation activities that are determined necessary
  302  to familiarize students with the organization of the assessment,
  303  the format of assessment items, and the assessment directions or
  304  that are otherwise necessary for the valid and reliable
  305  administration of the assessment, as set forth in rules adopted
  306  by the State Board of Education with specific reference to this
  307  paragraph.
  308         (h) Contracts for assessments.—The commissioner shall
  309  provide for the assessments to be developed or obtained, as
  310  appropriate, through contracts and project agreements with
  311  private vendors, public vendors, public agencies, postsecondary
  312  educational institutions, or school districts. The commissioner
  313  may enter into contracts for the continued administration of the
  314  assessments authorized and funded by the Legislature. Contracts
  315  may be initiated in one fiscal year and continue into the next
  316  fiscal year and may be paid from the appropriations of either or
  317  both fiscal years. The commissioner may negotiate for the sale
  318  or lease of tests, scoring protocols, test scoring services, and
  319  related materials developed pursuant to law.
  320         (4) SCHOOL ASSESSMENT PROGRAMS.—Each public school shall
  321  participate in the statewide, standardized assessment program in
  322  accordance with the assessment and reporting schedules published
  323  by the Commissioner of Education. District school boards may not
  324  establish school calendars that conflict with or jeopardize
  325  implementation of the assessment program. All district school
  326  boards shall report assessment results as required by the state
  327  management information system. Performance data shall be
  328  analyzed and reported to parents, the community, and the state.
  329  Student performance data shall be used by districts in
  330  developing objectives for the school improvement plan,
  331  evaluating instructional personnel and administrative personnel,
  332  assigning staff, allocating resources, acquiring instructional
  333  materials and technology, implementing performance-based
  334  budgeting, and promoting and assigning students to educational
  335  programs. The analysis of student performance data must also
  336  identify strengths and needs in the educational program and
  337  trends over time. The analysis must be used in conjunction with
  338  the budgetary planning processes developed pursuant to s.
  339  1008.385 and the development of remediation programs.
  340         (5) REQUIRED ANALYSES.—The commissioner shall provide, at a
  341  minimum, statewide, standardized assessment data analysis
  342  showing student achievement levels and learning gains by
  343  teacher, school, and school district.
  344         (6) LOCAL ASSESSMENTS.—
  345         (a) Measurement of student learning gains in all subjects
  346  and grade levels, except those subjects and grade levels
  347  measured under the statewide, standardized assessment program
  348  described in this section, is the responsibility of the school
  349  districts.
  350         (b) Beginning with the 2014-2015 school year, each school
  351  district shall administer for each course offered in the
  352  district a student assessment that measures mastery of the
  353  content, as described in the state-adopted course description,
  354  at the necessary level of rigor for the course. Such assessments
  355  may include:
  356         1. Statewide assessments.
  357         2. Other standardized assessments, including nationally
  358  recognized standardized assessments.
  359         3. Industry certification examinations.
  360         4. District-developed or district-selected end-of-course
  361  assessments.
  362         (c) The Commissioner of Education shall identify methods to
  363  assist and support districts in the development and acquisition
  364  of assessments required under this subsection. Methods may
  365  include developing item banks, facilitating the sharing of
  366  developed tests among school districts, acquiring assessments
  367  from state and national curriculum-area organizations, and
  368  providing technical assistance in best professional practices of
  369  test development based upon state-adopted curriculum standards,
  370  administration, and security.
  371         (7) CONCORDANT SCORES FOR GRADE 10 FCAT READING.—Until the
  372  state transitions to common core English Language Arts
  373  assessments, the Commissioner of Education must identify scores
  374  on the SAT and ACT that if achieved satisfy the graduation
  375  requirement that a student pass grade 10 FCAT Reading. The
  376  commissioner may identify concordant scores on other assessments
  377  as well. If the content or scoring procedures change for grade
  378  10 FCAT Reading, new concordant scores must be determined. If
  379  new concordant scores are not timely adopted, the last adopted
  380  concordant scores remain in effect until such time as new scores
  381  are adopted. The state board shall adopt concordant scores in
  382  rule.
  383         (8) COMPARATIVE SCORES FOR END-OF-COURSE (EOC)
  384  ASSESSMENTS.—The Commissioner of Education must identify one or
  385  more comparative scores for the Algebra I EOC assessment and may
  386  identify comparative scores for the other EOC assessments. If
  387  the content or scoring procedures change for the EOC
  388  assessments, new comparative scores must be determined. If new
  389  comparative scores are not timely adopted, the last adopted
  390  comparative scores remain in effect until such time as new
  391  scores are adopted. The state board shall adopt comparative
  392  scores in rule.
  393         (9) REPORTS.—The Department of Education shall annually
  394  provide a report to the Governor, the President of the Senate,
  395  and the Speaker of the House of Representatives which must
  396  include the following:
  397         (a) Longitudinal performance of students in reading and
  398  mathematics.
  399         (b) Longitudinal performance of students by grade level in
  400  reading and mathematics.
  401         (c) Longitudinal performance regarding efforts to close the
  402  achievement gap.
  403         (d) Other student performance data based on national norm
  404  referenced and criterion-referenced tests, if available;
  405  national assessments, such as the National Assessment of
  406  Educational Progress; and international assessments.
  407         (e) The number of students who after grade 8 enroll in
  408  adult education rather than other secondary education.
  409         (f) Any plan or intent to establish or implement new
  410  statewide, standardized assessments.
  411         (10) RULES.—The State Board of Education shall adopt rules
  412  to implement this section.
  413  
  414  ================= T I T L E  A M E N D M E N T ================
  415         And the title is amended as follows:
  416         Delete line 108
  417  and insert:
  418         of an industry certification; amending s. 1008.22,
  419         F.S.; substantially rewording the student assessment
  420         program for public schools; providing requirements for
  421         a statewide, standardized assessment program aligned
  422         to core curricular content in the Next Generation
  423         Sunshine State Standards; providing requirements for
  424         end-of-course assessments; providing requirements for
  425         instruction for students with disabilities; providing
  426         for transition to common core assessments in English
  427         language arts and mathematics; providing requirements
  428         for assessment scores, achievement levels, assessment
  429         schedules, and reporting of assessment results;
  430         providing prohibited and authorized assessment
  431         preparation activities; authorizing contracts for
  432         assessments; requiring analysis of data,
  433         administration of local assessments, and
  434         identification of concordant and comparative scores;
  435         requiring annual reporting of student performance
  436         data; requiring the state board to adopt rules;
  437         amending s. 1008.25,