HB 369

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.; providing
4	requirements with respect to student preparation for and
5	administration of the Florida Comprehensive Assessment
6	Test (FCAT); providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Paragraph (c) of subsection (3) of section
11	1008.22, Florida Statutes, is amended to read:
12	1008.22  Student assessment program for public schools.--
13	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
14	design and implement a statewide program of educational
15	assessment that provides information for the improvement of the
16	operation and management of the public schools, including
17	schools operating for the purpose of providing educational
18	services to youth in Department of Juvenile Justice programs.
19	The commissioner may enter into contracts for the continued
20	administration of the assessment, testing, and evaluation
21	programs authorized and funded by the Legislature. Contracts may
22	be initiated in 1 fiscal year and continue into the next and may
23	be paid from the appropriations of either or both fiscal years.
24	The commissioner is authorized to negotiate for the sale or
25	lease of tests, scoring protocols, test scoring services, and
26	related materials developed pursuant to law. Pursuant to the
27	statewide assessment program, the commissioner shall:
28	(c)  Develop and implement a student achievement testing
29	program known as the Florida Comprehensive Assessment Test
30	(FCAT) as part of the statewide assessment program to measure
31	reading, writing, science, and mathematics. Other content areas
32	may be included as directed by the commissioner. The assessment
33	of reading and mathematics shall be administered annually in
34	grades 3 through 10. The assessment of writing and science shall
35	be administered at least once at the elementary, middle, and
36	high school levels. The commissioner must document the
37	procedures used to ensure that the versions of the FCAT which
38	are taken by students retaking the grade 10 FCAT are equally as
39	challenging and difficult as the tests taken by students in
40	grade 10 which contain performance tasks. The testing program
41	must be designed so that:
42	1.  The tests measure student skills and competencies
43	adopted by the State Board of Education as specified in
44	paragraph (a). The tests must measure and report student
45	proficiency levels of all students assessed in reading, writing,
46	mathematics, and science. The commissioner shall provide for the
47	tests to be developed or obtained, as appropriate, through
48	contracts and project agreements with private vendors, public
49	vendors, public agencies, postsecondary educational
50	institutions, or school districts. The commissioner shall obtain
51	input with respect to the design and implementation of the
52	testing program from state educators, assistive technology
53	experts, and the public.
54	2.  The testing program will include a combination of norm-
55	referenced and criterion-referenced tests and include, to the
56	extent determined by the commissioner, questions that require
57	the student to produce information or perform tasks in such a
58	way that the skills and competencies he or she uses can be
59	measured.
60	3.  Each testing program, whether at the elementary,
61	middle, or high school level, includes a test of writing in
62	which students are required to produce writings that are then
63	scored by appropriate and timely methods.
64	4.  A score is designated for each subject area tested,
65	below which score a student's performance is deemed inadequate.
66	The school districts shall provide appropriate remedial
67	instruction to students who score below these levels.
68	5.  Except as provided in s. 1003.428(8)(b) or s.
69	1003.43(11)(b), students must earn a passing score on the grade
70	10 assessment test described in this paragraph or attain
71	concordant scores as described in subsection (9) in reading,
72	writing, and mathematics to qualify for a standard high school
73	diploma. The State Board of Education shall designate a passing
74	score for each part of the grade 10 assessment test. In
75	establishing passing scores, the state board shall consider any
76	possible negative impact of the test on minority students. The
77	State Board of Education shall adopt rules which specify the
78	passing scores for the grade 10 FCAT. Any such rules, which have
79	the effect of raising the required passing scores, shall only
80	apply to students taking the grade 10 FCAT for the first time
81	after such rules are adopted by the State Board of Education.
82	6.  Participation in the testing program is mandatory for
83	all students attending public school, including students served
84	in Department of Juvenile Justice programs, except as otherwise
85	prescribed by the commissioner. If a student does not
86	participate in the statewide assessment, the district must
87	notify the student's parent and provide the parent with
88	information regarding the implications of such nonparticipation.
89	A parent must provide signed consent for a student to receive
90	classroom instructional accommodations that would not be
91	available or permitted on the statewide assessments and must
92	acknowledge in writing that he or she understands the
93	implications of such instructional accommodations. The State
94	Board of Education shall adopt rules, based upon recommendations
95	of the commissioner, for the provision of test accommodations
96	for students in exceptional education programs and for students
97	who have limited English proficiency. Accommodations that negate
98	the validity of a statewide assessment are not allowable in the
99	administration of the FCAT. However, instructional
100	accommodations are allowable in the classroom if included in a
101	student's individual education plan. Students using
102	instructional accommodations in the classroom that are not
103	allowable as accommodations on the FCAT may have the FCAT
104	requirement waived pursuant to the requirements of s.
105	1003.428(8)(b) or s. 1003.43(11)(b).
106	7.  A student seeking an adult high school diploma must
107	meet the same testing requirements that a regular high school
108	student must meet.
109	8.  District school boards must provide instruction to
110	prepare students to demonstrate proficiency in the skills and
111	competencies necessary for successful grade-to-grade progression
112	and high school graduation. If a student is provided with
113	instructional accommodations in the classroom that are not
114	allowable as accommodations in the statewide assessment program,
115	as described in the test manuals, the district must inform the
116	parent in writing and must provide the parent with information
117	regarding the impact on the student's ability to meet expected
118	proficiency levels in reading, writing, and math. The
119	commissioner shall conduct studies as necessary to verify that
120	the required skills and competencies are part of the district
121	instructional programs.
122	9.  District school boards must provide opportunities for
123	students to demonstrate an acceptable level of performance on an
124	alternative standardized assessment approved by the State Board
125	of Education following enrollment in summer academies.
126	10.  The Department of Education must develop, or select,
127	and implement a common battery of assessment tools that will be
128	used in all juvenile justice programs in the state. These tools
129	must accurately measure the skills and competencies established
130	in the Sunshine State Standards.
131	11.  For students seeking a special diploma pursuant to s.
132	1003.438, the Department of Education must develop or select and
133	implement an alternate assessment tool that accurately measures
134	the skills and competencies established in the Sunshine State
135	Standards for students with disabilities under s. 1003.438.
136	12.  Student preparation for the FCAT and administration of
137	the FCAT does not interfere with the traditional observance in
138	schools of Black History Month.
139
140	The commissioner may, based on collaboration and input from
141	school districts, design and implement student testing programs,
142	for any grade level and subject area, necessary to effectively
143	monitor educational achievement in the state, including the
144	measurement of educational achievement of the Sunshine State
145	Standards for students with disabilities. Development and
146	refinement of assessments shall include universal design
147	principles and accessibility standards that will prevent any
148	unintended obstacles for students with disabilities while
149	ensuring the validity and reliability of the test. These
150	principles should be applicable to all technology platforms and
151	assistive devices available for the assessments. The field
152	testing process and psychometric analyses for the statewide
153	assessment program must include an appropriate percentage of
154	students with disabilities and an evaluation or determination of
155	the effect of test items on such students.
156	Section 2.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.