SENATE AMENDMENT
    Bill No. CS for SB's 332, 1912 & 2678
    Amendment No. ___   Barcode 482908
                            CHAMBER ACTION
              Senate                               House
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       04/27/2004 05:30 PM         .                    
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11  Senator Siplin moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 3, lines 13 and 14, delete those lines
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16  and insert:  
17         Section 4.  Section 1008.23, Florida Statutes, is
18  amended to read:
19         1008.23  Confidentiality of assessment
20  instruments.--All examination and assessment instruments,
21  including developmental materials and workpapers directly
22  related thereto, which are prepared, prescribed, or
23  administered pursuant to ss. 1003.43, 1008.22, and 1008.25
24  shall be confidential and exempt from the provisions of s.
25  119.07(1) and from s. 1001.52. Provisions governing access,
26  maintenance, and destruction of such instruments and related
27  materials shall be prescribed by rules of the State Board of
28  Education. However, a student's parent, accompanied by the
29  student, may review, at the student's school at which the
30  student was enrolled when the student was administered the
31  Florida Comprehensive Assessment Test, the questions on each
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    12:48 PM   04/27/04                             s0332c1c-191aa
                                                  SENATE AMENDMENT
    Bill No. CS for SB's 332, 1912 & 2678
    Amendment No. ___   Barcode 482908
 1  section of the criterion-referenced portion of the Florida
 2  Comprehensive Assessment Test as well as the student's answers
 3  to those questions, under the following conditions:
 4         (1)  The student must have failed to earn a passing
 5  score on the grade 10 Florida Comprehensive Assessment Test or
 6  failed to score at Level 2 or higher on the Florida
 7  Comprehensive Assessment Test in reading for grade 3.
 8         (2)  No recording or copying of the assessment may be
 9  made.
10         (3)  A school administrator, as defined in s.
11  1012.01(3)(c), or a representative of the Department of
12  Education must be present at all times when the assessment is
13  reviewed.
14         (4)  The student or student's parent may not review the
15  assessment more than one time.
16         (5)  No other individual is authorized to attend the
17  review.
18         (6)  The assessment was not administered to the student
19  more than 2 years before the review.
20         (7)  The student or student's parent may not remove the
21  assessment from the reviewing location.
22         (8)  The student, the student's parent, or the school
23  administrator may not take any notes during the review.
24         (9)  The parent requests the review subsequent to the
25  determination of the student's score and within 14 days
26  following the determination of the student's score.
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28  The Department of Education shall ensure that the assessment
29  questions and the student's answers are provided for the
30  requested review within 30 days following the complete scoring
31  of the assessment upon proper request by the parent. The
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    12:48 PM   04/27/04                             s0332c1c-191aa
                                                  SENATE AMENDMENT
    Bill No. CS for SB's 332, 1912 & 2678
    Amendment No. ___   Barcode 482908
 1  district school boards shall notify eligible parents of the
 2  review option and the procedures for the review. The State
 3  Board of Education shall adopt rules pursuant to ss.
 4  120.536(1) and 120.54 to administer this section. If the
 5  review request is not met in accordance with this section, the
 6  parent is entitled to reasonable attorney's fees and costs
 7  incurred by the parent in obtaining compliance with this
 8  section.
 9         Section 5.  This act shall take effect upon becoming a
10  law, except that section 4 of this act shall take effect July
11  1, 2004, and shall apply to each Florida Comprehensive
12  Assessment Test administered after July 1, 2004.
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15  ================ T I T L E   A M E N D M E N T ===============
16  And the title is amended as follows:
17         On page 1, line 19, delete that line
18  
19  and insert:
20         Education; amending s. 1008.23, F.S.;
21         authorizing a student's parent and the
22         accompanying student to review the questions
23         and the student's answers to those questions on
24         the criterion-referenced portion of the Florida
25         Comprehensive Assessment Test; providing
26         restrictions on the review; requiring the
27         Department of Education to honor the requests
28         within a certain time period; requiring that
29         district school boards notify eligible parents;
30         requiring the State Board of Education to adopt
31         rules; authorizing reasonable attorney's fees
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    12:48 PM   04/27/04                             s0332c1c-191aa
                                                  SENATE AMENDMENT
    Bill No. CS for SB's 332, 1912 & 2678
    Amendment No. ___   Barcode 482908
 1         and costs under certain circumstances;
 2         providing effective dates.
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