Senate Bill sb2330

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    Florida Senate - 2007                                  SB 2330

    By Senator Wilson





    33-561-07

  1                      A bill to be entitled

  2         An act relating to the design and

  3         implementation of the Florida Comprehensive

  4         Assessment Test; amending s. 1008.22, F.S.;

  5         requiring the Commissioner of Education to

  6         obtain input concerning design and

  7         implementation of the Florida Comprehensive

  8         Assessment Test from persons recommended by the

  9         Florida School for the Deaf and the Blind and

10         the Americans with Disabilities Working Group;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Paragraph (c) of subsection (3) of section

16  1008.22, Florida Statutes, is amended to read:

17         1008.22  Student assessment program for public

18  schools.--

19         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner

20  shall design and implement a statewide program of educational

21  assessment that provides information for the improvement of

22  the operation and management of the public schools, including

23  schools operating for the purpose of providing educational

24  services to youth in Department of Juvenile Justice programs.

25  The commissioner may enter into contracts for the continued

26  administration of the assessment, testing, and evaluation

27  programs authorized and funded by the Legislature. Contracts

28  may be initiated in 1 fiscal year and continue into the next

29  and may be paid from the appropriations of either or both

30  fiscal years. The commissioner is authorized to negotiate for

31  the sale or lease of tests, scoring protocols, test scoring

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    Florida Senate - 2007                                  SB 2330
    33-561-07




 1  services, and related materials developed pursuant to law.

 2  Pursuant to the statewide assessment program, the commissioner

 3  shall:

 4         (c)  Develop and implement a student achievement

 5  testing program known as the Florida Comprehensive Assessment

 6  Test (FCAT) as part of the statewide assessment program to

 7  measure reading, writing, science, and mathematics. Other

 8  content areas may be included as directed by the commissioner.

 9  The assessment of reading and mathematics shall be

10  administered annually in grades 3 through 10. The assessment

11  of writing and science shall be administered at least once at

12  the elementary, middle, and high school levels. The

13  commissioner must document the procedures used to ensure that

14  the versions of the FCAT which are taken by students retaking

15  the grade 10 FCAT are equally as challenging and difficult as

16  the tests taken by students in grade 10 which contain

17  performance tasks. The testing program must be designed so

18  that:

19         1.  The tests measure student skills and competencies

20  adopted by the State Board of Education as specified in

21  paragraph (a). The tests must measure and report student

22  proficiency levels of all students assessed in reading,

23  writing, mathematics, and science. The commissioner shall

24  provide for the tests to be developed or obtained, as

25  appropriate, through contracts and project agreements with

26  private vendors, public vendors, public agencies,

27  postsecondary educational institutions, or school districts.

28  The commissioner shall obtain input with respect to the design

29  and implementation of the testing program from state

30  educators, assistive technology experts, and the public. This

31  must include, at a minimum, annual input from two persons

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    Florida Senate - 2007                                  SB 2330
    33-561-07




 1  recommended by the Florida School for the Deaf and the Blind

 2  and two persons recommended by the Americans with Disabilities

 3  Working Group created by Executive Order 01-161.

 4         2.  The testing program will include a combination of

 5  norm-referenced and criterion-referenced tests and include, to

 6  the extent determined by the commissioner, questions that

 7  require the student to produce information or perform tasks in

 8  such a way that the skills and competencies he or she uses can

 9  be measured.

10         3.  Each testing program, whether at the elementary,

11  middle, or high school level, includes a test of writing in

12  which students are required to produce writings that are then

13  scored by appropriate and timely methods.

14         4.  A score is designated for each subject area tested,

15  below which score a student's performance is deemed

16  inadequate. The school districts shall provide appropriate

17  remedial instruction to students who score below these levels.

18         5.  Except as provided in s. 1003.428(8)(b) or s.

19  1003.43(11)(b), students must earn a passing score on the

20  grade 10 assessment test described in this paragraph or attain

21  concordant scores as described in subsection (9) in reading,

22  writing, and mathematics to qualify for a standard high school

23  diploma. The State Board of Education shall designate a

24  passing score for each part of the grade 10 assessment test.

25  In establishing passing scores, the state board shall consider

26  any possible negative impact of the test on minority students.

27  The State Board of Education shall adopt rules which specify

28  the passing scores for the grade 10 FCAT. Any such rules,

29  which have the effect of raising the required passing scores,

30  shall only apply to students taking the grade 10 FCAT for the

31  

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    Florida Senate - 2007                                  SB 2330
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 1  first time after such rules are adopted by the State Board of

 2  Education.

 3         6.  Participation in the testing program is mandatory

 4  for all students attending public school, including students

 5  served in Department of Juvenile Justice programs, except as

 6  otherwise prescribed by the commissioner. If a student does

 7  not participate in the statewide assessment, the district must

 8  notify the student's parent and provide the parent with

 9  information regarding the implications of such

10  nonparticipation. A parent must provide signed consent for a

11  student to receive classroom instructional accommodations that

12  would not be available or permitted on the statewide

13  assessments and must acknowledge in writing that he or she

14  understands the implications of such instructional

15  accommodations. The State Board of Education shall adopt

16  rules, based upon recommendations of the commissioner, for the

17  provision of test accommodations for students in exceptional

18  education programs and for students who have limited English

19  proficiency. Accommodations that negate the validity of a

20  statewide assessment are not allowable in the administration

21  of the FCAT. However, instructional accommodations are

22  allowable in the classroom if included in a student's

23  individual education plan. Students using instructional

24  accommodations in the classroom that are not allowable as

25  accommodations on the FCAT may have the FCAT requirement

26  waived pursuant to the requirements of s. 1003.428(8)(b) or s.

27  1003.43(11)(b).

28         7.  A student seeking an adult high school diploma must

29  meet the same testing requirements that a regular high school

30  student must meet.

31  

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    Florida Senate - 2007                                  SB 2330
    33-561-07




 1         8.  District school boards must provide instruction to

 2  prepare students to demonstrate proficiency in the skills and

 3  competencies necessary for successful grade-to-grade

 4  progression and high school graduation. If a student is

 5  provided with instructional accommodations in the classroom

 6  that are not allowable as accommodations in the statewide

 7  assessment program, as described in the test manuals, the

 8  district must inform the parent in writing and must provide

 9  the parent with information regarding the impact on the

10  student's ability to meet expected proficiency levels in

11  reading, writing, and math. The commissioner shall conduct

12  studies as necessary to verify that the required skills and

13  competencies are part of the district instructional programs.

14         9.  District school boards must provide opportunities

15  for students to demonstrate an acceptable level of performance

16  on an alternative standardized assessment approved by the

17  State Board of Education following enrollment in summer

18  academies.

19         10.  The Department of Education must develop, or

20  select, and implement a common battery of assessment tools

21  that will be used in all juvenile justice programs in the

22  state. These tools must accurately measure the skills and

23  competencies established in the Sunshine State Standards.

24         11.  For students seeking a special diploma pursuant to

25  s. 1003.438, the Department of Education must develop or

26  select and implement an alternate assessment tool that

27  accurately measures the skills and competencies established in

28  the Sunshine State Standards for students with disabilities

29  under s. 1003.438.

30  

31  

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    Florida Senate - 2007                                  SB 2330
    33-561-07




 1  The commissioner may, based on collaboration and input from

 2  school districts, design and implement student testing

 3  programs, for any grade level and subject area, necessary to

 4  effectively monitor educational achievement in the state,

 5  including the measurement of educational achievement of the

 6  Sunshine State Standards for students with disabilities.

 7  Development and refinement of assessments shall include

 8  universal design principles and accessibility standards that

 9  will prevent any unintended obstacles for students with

10  disabilities while ensuring the validity and reliability of

11  the test. These principles should be applicable to all

12  technology platforms and assistive devices available for the

13  assessments. The field testing process and psychometric

14  analyses for the statewide assessment program must include an

15  appropriate percentage of students with disabilities and an

16  evaluation or determination of the effect of test items on

17  such students.

18         Section 2.  This act shall take effect July 1, 2007.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Requires the Commissioner of Education to obtain input
      from persons recommended by the Florida School for the
23    Deaf and the Blind and the Americans with Disabilities
      Working Group concerning the design and implementation of
24    the Florida Comprehensive Assessment Test.

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