Florida Senate - 2014                                    SB 1446
       By Senator Detert
       28-01443A-14                                          20141446__
    1                        A bill to be entitled                      
    2         An act relating to state assessments; providing a
    3         short title; amending s. 1008.22, F.S.; revising
    4         provisions relating to the waiver of assessment
    5         results for certain students with disabilities;
    6         establishing eligibility criteria for the assessment
    7         of students with disabilities; providing an effective
    8         date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. This act may be cited as the “Ethan Rediske
   13  Act.”
   14         Section 2. Paragraph (c) of subsection (3) of section
   15  1008.22, Florida Statutes, is amended to read:
   16         1008.22 Student assessment program for public schools.—
   18  Commissioner of Education shall design and implement a
   19  statewide, standardized assessment program aligned to the core
   20  curricular content established in the Next Generation Sunshine
   21  State Standards. The commissioner also must develop or select
   22  and implement a common battery of assessment tools that will be
   23  used in all juvenile justice education programs in the state.
   24  These tools must accurately measure the core curricular content
   25  established in the Next Generation Sunshine State Standards.
   26  Participation in the assessment program is mandatory for all
   27  school districts and all students attending public schools,
   28  including students seeking an adult high school diploma and
   29  students in Department of Juvenile Justice education programs,
   30  except as otherwise prescribed by the commissioner. If a student
   31  does not participate in the assessment program, the school
   32  district must notify the student’s parent and provide the parent
   33  with information regarding the implications of such
   34  nonparticipation. The statewide, standardized assessment program
   35  shall be designed and implemented as follows:
   36         (c) Students with disabilities; Florida Alternate
   37  Assessment.—
   38         1. Each district school board must provide instruction to
   39  prepare students with disabilities in the core content knowledge
   40  and skills necessary for successful grade-to-grade progression
   41  and high school graduation.
   42         2. A student with a disability, as defined in s. 1007.02
   43  1007.02(2), for whom the individual education plan (IEP) team
   44  determines that the statewide, standardized assessments under
   45  paragraphs (a) and (b) this section cannot accurately measure
   46  the student’s abilities, taking into consideration all allowable
   47  accommodations, shall have assessment results waived for the
   48  purpose of calculating receiving a course grade or receiving and
   49  a standard high school diploma. The statement of waiver shall be
   50  limited to a statement that performance on an assessment is
   51  waived for the purpose of calculating a course grade or
   52  receiving a standard high school diploma, as applicable. Such
   53  waiver shall be designated on the student’s transcript.
   54         3. The State Board of Education shall adopt rules, based
   55  upon recommendations of the commissioner, for the provision of
   56  assessment accommodations for students with disabilities and for
   57  students who have limited English proficiency.
   58         a. Accommodations that negate the validity of a statewide,
   59  standardized assessment are not allowed during the
   60  administration of the assessment. However, instructional
   61  accommodations are allowed in the classroom if identified in a
   62  student’s IEP. Students using instructional accommodations in
   63  the classroom that are not allowed on a statewide, standardized
   64  assessment may have assessment results waived if the IEP team
   65  determines that the assessment cannot accurately measure the
   66  student’s abilities.
   67         b. If a student is provided with instructional
   68  accommodations in the classroom that are not allowed as
   69  accommodations for statewide, standardized assessments, the
   70  district must inform the parent in writing and provide the
   71  parent with information regarding the impact on the student’s
   72  ability to meet expected performance levels. A parent must
   73  provide signed consent for a student to receive classroom
   74  instructional accommodations that would not be available or
   75  permitted on a statewide, standardized assessment and
   76  acknowledge in writing that he or she understands the
   77  implications of such instructional accommodations.
   78         c. If a student’s IEP states that online administration of
   79  a statewide, standardized assessment will significantly impair
   80  the student’s ability to perform, the assessment shall be
   81  administered in hard copy.
   82         4. For students with significant cognitive disabilities,
   83  the Department of Education shall provide for implementation of
   84  the Florida Alternate Assessment to accurately measure the core
   85  curricular content established in the Next Generation Sunshine
   86  state standards.
   87         5. Notwithstanding any other provision of law, a student is
   88  ineligible to participate in state assessments, including the
   89  Florida Alternate Assessment, if the IEP team, with parental
   90  approval and subject to final approval by the district school
   91  superintendent, determines based upon compelling medical
   92  documentation from a physician licensed under chapter 458 or
   93  chapter 459 that the student suffers from such a severe
   94  cognitive or physical disability that the student lacks the
   95  capacity to take or perform on an assessment. The district
   96  school superintendent’s approval shall be given on a case-by
   97  case basis.
   98         Section 3. This act shall take effect upon becoming a law.