HB 1681 2003
1	A bill to be entitled
2	An act relating to education; amending s. 1002.38, F.S.;
3	requiring school districts to ensure that students in
4	certain grades who receive an Opportunity Scholarship take
5	the statewide assessment; establishing requirements for
6	10th grade students to take the Florida Comprehensive
7	Assessment Test; requiring limited reexaminations for
8	certain students; specifying when the reexaminations must
9	be given; providing for the student's retention of credit;
10	providing for the forfeiture of the scholarship under
11	certain conditions; providing additional eligibility
12	criteria for private schools to participate in the
13	Opportunity Scholarship Program; requiring students who
14	participate in the Opportunity Scholarship Program to earn
15	passing scores on certain statewide assessment tests in
16	order to qualify for a regular high school diploma;
17	requiring participating private schools to establish
18	student progression programs; specifying the contents of
19	the program; requiring an allocation of school remedial
20	and supplemental instruction resources; prescribing
21	content of academic improvement plans; requiring private
22	school students who receive Opportunity Scholarships to
23	participate in statewide assessment tests; requiring
24	additional diagnostic tests; prescribing guidelines for
25	remedial reading instruction; requiring parental
26	notification of reading deficiency; prohibiting social
27	promotion and providing standards for exemptions from
28	mandatory-retention requirements; requiring reports by
29	private schools to parents; amending s. 1008.22, F.S.,
30	relating to the student assessment program for public
31	schools; establishing requirements for 10th grade students
32	to take the Florida Comprehensive Assessment Test;
33	requiring limited reexaminations for certain students;
34	specifying when the reexaminations must be given;
35	providing for the student's retention of credit; requiring
36	the Commissioner of Education to develop alternative
37	measures to be used by school districts in awarding high
38	school diplomas to students in public schools and to be
39	used by private schools for students in private schools
40	who receive an Opportunity Scholarship; prohibiting the
41	use of the alternative measures after a specified date;
42	providing an effective date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1. Paragraph (c) of subsection (3) and subsection
47	(5) of section 1002.38, Florida Statutes, are amended, present
48	paragraph (f) of subsection (4) is amended, present paragraphs
49	(g), (h), (i), (j), and (k) of that subsection are redesignated
50	as paragraphs (i), (j), (k), (l), and (m), respectively, new
51	paragraphs (g) and (h) are added to that subsection, and
52	subsections (9), (10), (11), (12), (13), and (14) are added to
53	that section, to read:
54	1002.38 Opportunity Scholarship Program.--
55	(3) SCHOOL DISTRICT OBLIGATIONS.--
56	(c) The school district shall ensure that each student in
57	grade 3 and grade 10For students in the school district who is
58	are participating in the state Opportunity Scholarship Program
59	takes the statewide assessment under s. 1008.22.,The school
60	district shall provide locations and times to take all statewide
61	assessments required pursuant to s. 1008.22.
62	(4) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
63	participate in the Opportunity Scholarship Program, a private
64	school must be a Florida private school, may be sectarian or
65	nonsectarian, and must:
66	(f) Be subject to the instruction, curriculum, standards
67	for high school graduation,and attendance criteria adopted by
68	an appropriate nonpublic school accrediting body. The standards
69	must include earning a passing score on the Florida
70	Comprehensive Assessment Test (FCAT), as defined in s.
71	1008.22(3)(c), to be administered annually by each public school
72	district in grade 3 and grade 10 to measure reading, writing,
73	science, and mathematics.and
74	(g)Be academically accountable to the parent for meeting
75	the educational needs of the student. The private school must
76	furnish a school profile which includes student performance.
77	(h) Meet the requirements in subsections (9) through (14).
78	(5) OBLIGATION OF PROGRAM PARTICIPATION.--
79	(a)1.Any student participating in the Opportunity
80	Scholarship Program must remain in attendance throughout the
81	school year, unless excused by the school for illness or other
82	good cause, and must comply fully with the school's code of
83	conduct.
84	2. Any student participating in the Opportunity
85	Scholarship Program must earn a passing score on the grade 10
86	Florida Comprehensive Assessment Test (FCAT) in reading,
87	writing, and mathematics, according to the passing score
88	established by State Board of Education rules for each part of
89	the test, to qualify for a regular high school diploma.
90	3. Beginning in grade 10, each student who receives an
91	Opportunity Scholarship must take the Florida Comprehensive
92	Assessment Test at each time the test is administered until the
93	student passes each part, subject to the following conditions:
94	a. A student who takes the Florida Comprehensive
95	Assessment Test and fails to earn a passing score on the test
96	must be offered a reexamination in each of the parts failed.
97	b. A passing score means a score established by rule of
98	the State Board of Education.
99	c. A student must be given credit for each part of the
100	Florida Comprehensive Assessment Test that the student passes.
101	d. A student may retain credit for any part that the
102	student passes until the expiration of all offered
103	reexaminations, except as provided in sub-subparagraph e.
104	e. Reexaminations must be offered three times each year in
105	grades 11 and 12 to each student who fails a part of the 10th
106	grade test, for a total of six reexaminations. If the student is
107	unable to earn a passing score on any part of the Florida
108	Comprehensive Assessment Test after a reexamination for the
109	fourth time, the student must forfeit the scholarship. However,
110	a student may retain credit on any part passed and remains
111	eligible for two additional reexaminations.
112	(b) The parent of each student participating in the
113	Opportunity Scholarship Program must comply fully with the
114	private school's parental involvement requirements, unless
115	excused by the school for illness or other good cause.
116	(c) The parent shall ensure that the student participating
117	in the Opportunity Scholarship Program takes all statewide
118	assessments required pursuant to s. 1008.22.
119	(d) A participant who fails to comply with this subsection
120	shall forfeit the opportunity scholarship.
121	(9) STUDENT PROGRESSION.--Each private school shall
122	establish a comprehensive program for student progression which
123	must include:
124	(a) Standards for evaluating each student's performance,
125	including how well he or she masters the performance standards
126	approved by the State Board of Education.
127	(b) Specific levels of performance in reading, writing,
128	science, and mathematics for each grade level, including the
129	levels of performance on statewide assessments as defined by the
130	Commissioner of Education, below which a student must receive
131	remediation or be retained within an intensive program that is
132	different from the previous year's program and that takes into
133	account the student's learning style.
134	(c) Appropriate alternative placement for a student who
135	has been retained 2 or more years.
136	(10) ALLOCATION OF RESOURCES.--Each private school shall
137	allocate remedial and supplemental instruction resources to
138	students in the following priority:
139	(a) Students who are deficient in reading by the end of
140	grade 3.
141	(b) Students who fail to meet performance levels required
142	for promotion consistent with the private school's plan for
143	student progression required in paragraph (9)(b).
144	(11) PERFORMANCE LEVELS.--
145	(a) Each student who receives an Opportunity Scholarship
146	must participate in the statewide assessment tests required by
147	s. 1008.22. Each Opportunity Scholarship student who does not
148	meet specific levels of performance as determined by the
149	Commissioner of Education on statewide assessments at selected
150	grade levels must be provided with additional diagnostic
151	assessments to determine the nature of the student's difficulty
152	and areas of academic need.
153	(b) The private school in which the student is enrolled
154	must develop, in consultation with the student's parent, and
155	must implement an academic improvement plan designed to assist
156	the student in meeting state and school expectations for
157	proficiency. Beginning with the 2003-2004 school year, if the
158	student has been identified as having a deficiency in reading,
159	the academic improvement plan shall identify the student's
160	specific areas of deficiency in phonemic awareness, phonics,
161	fluency, comprehension, and vocabulary; the desired levels of
162	performance in these areas; and the instructional and support
163	services to be provided to meet the desired levels of
164	performance. The private school shall also provide for the
165	frequent monitoring of the student's progress in meeting the
166	desired levels of performance. The private school shall assist
167	teachers to implement research-based reading activities that
168	have been shown to be successful in teaching reading to low-
169	performing students. Remedial instruction provided during high
170	school may not be in lieu of English and mathematics credits
171	required for graduation.
172	(c) Upon subsequent evaluation, if the documented
173	deficiency has not been remediated in accordance with the
174	academic improvement plan, the student may be retained. Each
175	student who does not meet the minimum performance expectations
176	defined by the Commissioner of Education for the statewide
177	assessment tests in reading, writing, science, and mathematics
178	must continue to be provided with remedial or supplemental
179	instruction until the expectations are met or the student
180	graduates from high school or is not subject to compulsory
181	school attendance.
182	(12) READING PROFICIENCY.--
183	(a) It is the ultimate goal of the Legislature that every
184	student read at or above grade level. Any student who exhibits a
185	substantial deficiency in reading, based upon statewide
186	assessments conducted in kindergarten or grade 1, grade 2, or
187	grade 3, or through teacher observations, must be given
188	intensive reading instruction immediately following the
189	identification of the reading deficiency. The student's reading
190	proficiency must be reassessed by school determined assessments
191	or through teacher observations at the beginning of the grade
192	following the intensive reading instruction. The student must
193	continue to be provided with intensive reading instruction until
194	the reading deficiency is remedied.
195	(b) Beginning with the 2003-2004 school year, if the
196	student's reading deficiency, as identified in paragraph (a), is
197	not remedied by the end of grade 3, as demonstrated by scoring
198	at Level 2 or higher on the statewide assessment test in reading
199	for grade 3, the student must be retained.
200	(c) Beginning with the 2003-2004 school year, the parent
201	of any student who exhibits a substantial deficiency in reading,
202	as described in paragraph (a), must be notified in writing of
203	the following:
204	1. That his or her child has been identified as having a
205	substantial deficiency in reading.
206	2. A description of the current services that are provided
207	to the child.
208	3. A description of the proposed supplemental
209	instructional services and supports that will be provided to the
210	child that are designed to remediate the identified area of
211	reading deficiency.
212	4. That if the child's reading deficiency is not
213	remediated by the end of grade 3, the child must be retained
214	unless he or she is exempt from mandatory retention for good
215	cause.
216	(13) EXEMPTION FROM MANDATORY RETENTION.--
217	(a) No student may be assigned to a grade level based
218	solely on age or other factors that constitute social promotion.
219	(b) The school may only exempt students from mandatory
220	retention, as provided in paragraph (12)(b), for good cause.
221	Good cause exemptions shall be limited to the following:
222	1. Limited English proficient students who have had less
223	than 2 years of instruction in an English for Speakers of Other
224	Languages program.
225	2. Students with disabilities for whom participation in
226	the statewide assessment program is not appropriate, consistent
227	with the requirements of State Board of Education rule.
228	3. Students who demonstrate an acceptable level of
229	performance on an alternative standardized reading assessment
230	approved by the State Board of Education.
231	4. Students who demonstrate, through a student portfolio,
232	that the student is reading on grade level as evidenced by
233	demonstration of mastery of the Sunshine State Standards in
234	reading equal to at least a Level 2 performance on the FCAT.
235	5. Students with disabilities who participate in the FCAT
236	and who have received the intensive remediation in reading, as
237	required by paragraph (11)(b), for more than 2 years but still
238	demonstrate a deficiency in reading and were previously retained
239	in kindergarten, grade 1, or grade 2.
240	6. Students who have received the intensive remediation in
241	reading, as required by paragraph (11)(b), for 2 or more years
242	but still demonstrate a deficiency in reading and who were
243	previously retained in kindergarten, grade 1, or grade 2 for a
244	total of 2 years. Intensive reading instruction for students so
245	promoted must include an altered instructional day based upon an
246	academic improvement plan that includes specialized diagnostic
247	information and specific reading strategies for each student.
248	The school shall assist teachers to implement reading strategies
249	that research has shown to be successful in improving reading
250	among low-performing readers.
251	(c) Requests for good cause exemptions for students from
252	the mandatory retention requirement as described in
253	subparagraphs (b)3. and 4. shall be made consistent with the
254	following:
255	1. Documentation shall be submitted from the student's
256	teacher to the school principal that indicates that the
257	promotion of the student is appropriate and is based upon the
258	student's academic record. In order to minimize paperwork
259	requirements, such documentation shall consist only of the
260	existing academic improvement plan, individual educational plan,
261	if applicable, report card, or student portfolio.
262	2. The school principal shall review and discuss such
263	recommendation with the teacher and make the determination as to
264	whether the student should be promoted or retained.
265	(14) ANNUAL REPORTS.--
266	(a) In addition to the requirements in paragraph (12)(c),
267	each private school must annually report to the parent of each
268	student the progress of the student toward achieving state and
269	school expectations for proficiency in reading, writing,
270	science, and mathematics. The private school must report to the
271	parent the student's results on each statewide assessment test.
272	The evaluation of each student's progress must be based upon the
273	student's classroom work, observations, tests, state
274	assessments, and other relevant information. Progress reporting
275	must be provided to the parent in writing in a format adopted by
276	the school.
277	(b) Beginning with the 2003-2004 school year, each private
278	school must annually report in writing to the parent the
279	following information on the prior school year, unless the data
280	reveals personally identifiable information about another
281	individual student, pursuant to the requirements of the federal
282	Family Educational Rights and Privacy Act of 1974, as amended:
283	1. The provisions of this section relating to school
284	student progression and the school's policies and procedures on
285	student retention and promotion.
286	2. By grade, the number and percentage of all students in
287	grades 3 through 10 performing at Levels 1 and 2 on the reading
288	portion of the FCAT.
289	3. By grade, the number and percentage of all students
290	retained in grades 3 through 10.
291	4. Information on the total number of students who were
292	promoted for good cause, by each category of good cause as
293	specified in paragraph (13)(b).
294	5. Any revisions to the school's policy on student
295	retention and promotion from the prior year.
296	Section 2. Paragraph (c) of subsection (3) of section
297	1008.22, Florida Statutes, is amended to read:
298	1008.22 Student assessment program for public schools.--
299	(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
300	design and implement a statewide program of educational
301	assessment that provides information for the improvement of the
302	operation and management of the public schools, including
303	schools operating for the purpose of providing educational
304	services to youth in Department of Juvenile Justice programs.
305	Pursuant to the statewide assessment program, the commissioner
306	shall:
307	(c) Develop and implement a student achievement testing
308	program known as the Florida Comprehensive Assessment Test
309	(FCAT) as part of the statewide assessment program, to be
310	administered annually in grades 3 through 10 to measure reading,
311	writing, science, and mathematics. Other content areas may be
312	included as directed by the commissioner. The testing program
313	must be designed so that:
314	1. The tests measure student skills and competencies
315	adopted by the State Board of Education as specified in
316	paragraph (a). The tests must measure and report student
317	proficiency levels in reading, writing, mathematics, and
318	science. The commissioner shall provide for the tests to be
319	developed or obtained, as appropriate, through contracts and
320	project agreements with private vendors, public vendors, public
321	agencies, postsecondary educational institutions, or school
322	districts. The commissioner shall obtain input with respect to
323	the design and implementation of the testing program from state
324	educators and the public.
325	2. The testing program will include a combination of norm-
326	referenced and criterion-referenced tests and include, to the
327	extent determined by the commissioner, questions that require
328	the student to produce information or perform tasks in such a
329	way that the skills and competencies he or she uses can be
330	measured.
331	3. Each testing program, whether at the elementary,
332	middle, or high school level, includes a test of writing in
333	which students are required to produce writings that are then
334	scored by appropriate methods.
335	4. A score is designated for each subject area tested,
336	below which score a student's performance is deemed inadequate.
337	The school districts shall provide appropriate remedial
338	instruction to students who score below these levels.
339	5. Students must earn a passing score on the grade 10
340	assessment test described in this paragraph in reading, writing,
341	and mathematics to qualify for a regular high school diploma.
342	The State Board of Education shall designate a passing score for
343	each part of the grade 10 assessment test. In establishing
344	passing scores, the state board shall consider any possible
345	negative impact of the test on minority students. All students
346	who took the grade 10 FCAT during the 2000-2001 school year
347	shall be required to earn the passing scores in reading and
348	mathematics established by the State Board of Education for the
349	March 2001 test administration. Such students who did not earn
350	the established passing scores and must repeat the grade 10 FCAT
351	are required to earn the passing scores established for the
352	March 2001 test administration. All students who take the grade
353	10 FCAT for the first time in March 2002 and thereafter shall be
354	required to earn the passing scores in reading and mathematics
355	established by the State Board of Education for the March 2002
356	test administration. The State Board of Education shall adopt
357	rules which specify the passing scores for the grade 10 FCAT.
358	Any such rules, which have the effect of raising the required
359	passing scores, shall only apply to students taking the grade 10
360	FCAT after such rules are adopted by the State Board of
361	Education.
362	6.a.Participation in the testing program is mandatory for
363	all students attending public school, including students served
364	in Department of Juvenile Justice programs, except as otherwise
365	prescribed by the commissioner.
366	b. Beginning in grade 10, each student must take the
367	Florida Comprehensive Assessment Test at each time the test is
368	administered until the student passes each part, subject to the
369	following conditions:
370	(I) A student who takes the Florida Comprehensive
371	Assessment Test and fails to earn a passing score on the test
372	must be offered a reexamination in each of the parts failed.
373	(II) A passing score means a score established by rule of
374	the State Board of Education.
375	(III) A student must be given credit for each part of the
376	Florida Comprehensive Assessment Test that the student passes.
377	(IV) A student may retain credit for any part that the
378	student passes until the expiration of all offered
379	reexaminations.
380	(V) Reexaminations must be offered three times each year
381	in grades 11 and 12 to each student who fails part of the 10th
382	grade test, for a total of six reexaminations.
383	c.If a student does not participate in the statewide
384	assessment, the district must notify the student's parent and
385	provide the parent with information regarding the implications
386	of such nonparticipation. If modifications are made in the
387	student's instruction to provide accommodations that would not
388	be permitted on the statewide assessment tests, the district
389	must notify the student's parent of the implications of such
390	instructional modifications. A parent must provide signed
391	consent for a student to receive instructional modifications
392	that would not be permitted on the statewide assessments and
393	must acknowledge in writing that he or she understands the
394	implications of such accommodations. The State Board of
395	Education shall adopt rules, based upon recommendations of the
396	commissioner, for the provision of test accommodations and
397	modifications of procedures as necessary for students in
398	exceptional education programs and for students who have limited
399	English proficiency. Accommodations that negate the validity of
400	a statewide assessment are not allowable.
401	7. A student seeking an adult high school diploma must
402	meet the same testing requirements that a regular high school
403	student must meet.
404	8. District school boards must provide instruction to
405	prepare students to demonstrate proficiency in the skills and
406	competencies necessary for successful grade-to-grade progression
407	and high school graduation. If a student is provided with
408	accommodations or modifications that are not allowable in the
409	statewide assessment program, as described in the test manuals,
410	the district must inform the parent in writing and must provide
411	the parent with information regarding the impact on the
412	student's ability to meet expected proficiency levels in
413	reading, writing, and math. The commissioner shall conduct
414	studies as necessary to verify that the required skills and
415	competencies are part of the district instructional programs.
416	9. The Department of Education must develop, or select,
417	and implement a common battery of assessment tools that will be
418	used in all juvenile justice programs in the state. These tools
419	must accurately measure the skills and competencies established
420	in the Florida Sunshine State Standards.
421
422	The commissioner may design and implement student testing
423	programs, for any grade level and subject area, necessary to
424	effectively monitor educational achievement in the state.
425	Section 3. (1) The Commissioner of Education shall
426	develop alternative measures that may be used by school
427	districts in awarding a high school diploma to students in
428	public schools beginning with the 2003 high school graduating
429	class and may be used by private schools in awarding a high
430	school diploma to students in private schools who receive an
431	Opportunity Scholarship. Such alternative measures may include,
432	but need not be limited to:
433	(a) The ACT or SAT scores that are used by colleges and
434	universities for admission purposes;
435	(b) The Armed Services Vocational Aptitude Battery (ASVAB)
436	test that is used by branches of the United States military for
437	recruitment purposes;
438	(c) Other tests given to students in grade 10, including,
439	but not limited to, the PLAN test;
440	(d) The grade point average of a student compared to the
441	student's SAT score;
442	(e) The grade point average of a student which is above
443	the required 2.0; and
444	(f) The number of credits earned by a student.
445	(2) The alternative measures for awarding a high school
446	diploma may not be used after the 2005-2006 school year.
447	Section 4. This act shall take effect upon becoming a law.