Florida Senate - 2019                                    SB 1590
       By Senator Taddeo
       40-00945-19                                           20191590__
    1                        A bill to be entitled                      
    2         An act relating to native language assessments;
    3         amending s. 1008.22, F.S.; requiring the Commissioner
    4         of Education, upon request by a school district, to
    5         provide statewide, standardized assessments in any
    6         language to be administered to students with limited
    7         English proficiency; authorizing such students to
    8         choose to be administered the statewide, standardized
    9         assessments in their native language or in English;
   10         authorizing such students to choose to be administered
   11         end-of-course (EOC) assessments in their native
   12         language or in English; requiring the Department of
   13         Education, upon request by a school district, to
   14         develop and provide EOC assessments in any language to
   15         be administered to students with limited English
   16         proficiency; reenacting ss. 120.81(1)(c),
   17         1002.395(10)(b), 1002.421(2)(a), 1003.433(1) and (3),
   18         1003.4996(5)(b), 1008.34(1)(a) and (c), 1008.345(7),
   19         and 1012.34(7)(a), F.S., relating to exceptions,
   20         special requirements, and general areas of the
   21         Administrative Procedure Act; the Florida Tax Credit
   22         Scholarship Program; state school choice scholarship
   23         program accountability and oversight; learning
   24         opportunities for out-of-state and out-of-country
   25         transfer students and students needing additional
   26         instruction to meet high school graduation
   27         requirements; the Competency-Based Education Pilot
   28         Program; the school grading system, school report
   29         cards, and district grade; implementation of a state
   30         system of school improvement and education
   31         accountability and personnel evaluation procedures and
   32         criteria, respectively, to incorporate the amendments
   33         made to s. 1008.22, F.S., in references thereto;
   34         providing an effective date.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Paragraphs (a) and (b) of subsection (3) of
   39  section 1008.22, Florida Statutes, are amended, to read:
   40         1008.22 Student assessment program for public schools.—
   42  Commissioner of Education shall design and implement a
   43  statewide, standardized assessment program aligned to the core
   44  curricular content established in the Next Generation Sunshine
   45  State Standards. The commissioner also must develop or select
   46  and implement a common battery of assessment tools that will be
   47  used in all juvenile justice education programs in the state.
   48  These tools must accurately measure the core curricular content
   49  established in the Next Generation Sunshine State Standards.
   50  Participation in the assessment program is mandatory for all
   51  school districts and all students attending public schools,
   52  including adult students seeking a standard high school diploma
   53  under s. 1003.4282 and students in Department of Juvenile
   54  Justice education programs, except as otherwise provided by law.
   55  If a student does not participate in the assessment program, the
   56  school district must notify the student’s parent and provide the
   57  parent with information regarding the implications of such
   58  nonparticipation. The statewide, standardized assessment program
   59  shall be designed and implemented as follows:
   60         (a) Statewide, standardized comprehensive assessments.—The
   61  statewide, standardized Reading assessment shall be administered
   62  annually in grades 3 through 10. The statewide, standardized
   63  Writing assessment shall be administered annually at least once
   64  at the elementary, middle, and high school levels. When the
   65  Reading and Writing assessments are replaced by English Language
   66  Arts (ELA) assessments, ELA assessments shall be administered to
   67  students in grades 3 through 10. Retake opportunities for the
   68  grade 10 Reading assessment or, upon implementation, the grade
   69  10 ELA assessment must be provided. Students taking the ELA
   70  assessments shall not take the statewide, standardized
   71  assessments in Reading or Writing. Reading passages and writing
   72  prompts for ELA assessments shall incorporate grade-level core
   73  curricula content from social studies. The statewide,
   74  standardized Mathematics assessments shall be administered
   75  annually in grades 3 through 8. Students taking a revised
   76  Mathematics assessment shall not take the discontinued
   77  assessment. The statewide, standardized Science assessment shall
   78  be administered annually at least once at the elementary and
   79  middle grades levels. In order to earn a standard high school
   80  diploma, a student who has not earned a passing score on the
   81  grade 10 Reading assessment or, upon implementation, the grade
   82  10 ELA assessment must earn a passing score on the assessment
   83  retake or earn a concordant score as authorized under subsection
   84  (9). Upon request by a school district, the commissioner shall
   85  provide any statewide, standardized assessment in any language
   86  to be administered in the native language of a student with
   87  limited English proficiency. A student with limited English
   88  proficiency is entitled to choose to be administered the
   89  statewide, standardized assessments in his or her native
   90  language or in English.
   91         (b) End-of-course (EOC) assessments.—EOC assessments must
   92  be statewide, standardized, and developed or approved by the
   93  Department of Education as follows:
   94         1. EOC assessments for Algebra I, Geometry, Biology I,
   95  United States History, and Civics shall be administered to
   96  students enrolled in such courses as specified in the course
   97  code directory.
   98         2. Students enrolled in a course, as specified in the
   99  course code directory, with an associated statewide,
  100  standardized EOC assessment must take the EOC assessment for
  101  such course and may not take the corresponding subject or grade
  102  level statewide, standardized assessment pursuant to paragraph
  103  (a). Sections 1003.4156 and 1003.4282 govern the use of
  104  statewide, standardized EOC assessment results for students.
  105         3. The commissioner may select one or more nationally
  106  developed comprehensive examinations, which may include
  107  examinations for a College Board Advanced Placement course,
  108  International Baccalaureate course, or Advanced International
  109  Certificate of Education course, or industry-approved
  110  examinations to earn national industry certifications identified
  111  in the CAPE Industry Certification Funding List, for use as EOC
  112  assessments under this paragraph if the commissioner determines
  113  that the content knowledge and skills assessed by the
  114  examinations meet or exceed the grade-level expectations for the
  115  core curricular content established for the course in the Next
  116  Generation Sunshine State Standards. Use of any such examination
  117  as an EOC assessment must be approved by the state board in
  118  rule.
  119         4. Contingent upon funding provided in the General
  120  Appropriations Act, including the appropriation of funds
  121  received through federal grants, the commissioner may establish
  122  an implementation schedule for the development and
  123  administration of additional statewide, standardized EOC
  124  assessments that must be approved by the state board in rule. If
  125  approved by the state board, student performance on such
  126  assessments constitutes 30 percent of a student’s final course
  127  grade.
  128         5. All statewide, standardized EOC assessments must be
  129  administered online except as otherwise provided in paragraph
  130  (c).
  131         6. A student enrolled in an Advanced Placement (AP),
  132  International Baccalaureate (IB), or Advanced International
  133  Certificate of Education (AICE) course who takes the respective
  134  AP, IB, or AICE assessment and earns the minimum score necessary
  135  to earn college credit, as identified in s. 1007.27(2), meets
  136  the requirements of this paragraph and does not have to take the
  137  EOC assessment for the corresponding course.
  138         7. A student with limited English proficiency is entitled
  139  to choose to be administered any EOC assessment in English or in
  140  his or her native language. Upon request by a school district,
  141  the department must develop and provide any EOC assessment in
  142  any language to the school district to be administered to the
  143  student in his or her native language.
  144         Section 2. For the purpose of incorporating the amendment
  145  made by this act to section 1008.22, Florida Statutes, in a
  146  reference thereto, paragraph (c) of subsection (1) of section
  147  120.81, Florida Statutes, is reenacted to read:
  148         120.81 Exceptions and special requirements; general areas.—
  149         (1) EDUCATIONAL UNITS.—
  150         (c) Notwithstanding s. 120.52(16), any tests, test scoring
  151  criteria, or testing procedures relating to student assessment
  152  which are developed or administered by the Department of
  153  Education pursuant to s. 1003.4282, s. 1008.22, or s. 1008.25,
  154  or any other statewide educational tests required by law, are
  155  not rules.
  156         Section 3. For the purpose of incorporating the amendment
  157  made by this act to section 1008.22, Florida Statutes, in a
  158  reference thereto, paragraph (b) of subsection (10) of section
  159  1002.395, Florida Statutes, is reenacted to read:
  160         1002.395 Florida Tax Credit Scholarship Program.—
  162         (b) Upon the request of the Department of Education, a
  163  school district shall coordinate with the department to provide
  164  to a participating private school the statewide assessments
  165  administered under s. 1008.22 and any related materials for
  166  administering the assessments. A school district is responsible
  167  for implementing test administrations at a participating private
  168  school, including the:
  169         1. Provision of training for private school staff on test
  170  security and assessment administration procedures;
  171         2. Distribution of testing materials to a private school;
  172         3. Retrieval of testing materials from a private school;
  173         4. Provision of the required format for a private school to
  174  submit information to the district for test administration and
  175  enrollment purposes; and
  176         5. Provision of any required assistance, monitoring, or
  177  investigation at a private school.
  178         Section 4. For the purpose of incorporating the amendment
  179  made by this act to section 1008.22, Florida Statutes, in a
  180  reference thereto, paragraph (a) of subsection (2) of section
  181  1002.421, Florida Statutes, is reenacted to read:
  182         1002.421 State school choice scholarship program
  183  accountability and oversight.—
  185         (a) The Department of Education shall:
  186         1. Annually verify the eligibility of private schools that
  187  meet the requirements of this section, specific requirements
  188  identified within respective scholarship program laws, and other
  189  provisions of state law that apply to private schools.
  190         2. Establish a toll-free hotline that provides parents and
  191  private schools with information on participation in the
  192  scholarship programs.
  193         3. Establish a process by which individuals may notify the
  194  department of any violation by a parent, private school, or
  195  school district of state laws relating to program participation.
  196  If the department has reasonable cause to believe that a
  197  violation of this section or any rule adopted by the State Board
  198  of Education has occurred, it shall conduct an inquiry or make a
  199  referral to the appropriate agency for an investigation. A
  200  department inquiry is not subject to the requirements of chapter
  201  120.
  202         4. Require an annual, notarized, sworn compliance statement
  203  from participating private schools certifying compliance with
  204  state laws, and retain such records.
  205         5. Coordinate with the entities conducting the health
  206  inspection for a private school to obtain copies of the
  207  inspection reports.
  208         6. Conduct site visits to private schools entering a
  209  scholarship program for the first time. Beginning with the 2019
  210  2020 school year, a private school is not eligible to receive
  211  scholarship payments until a satisfactory site visit has been
  212  conducted and the school is in compliance with all other
  213  requirements of this section.
  214         7. Coordinate with the State Fire Marshal to obtain access
  215  to fire inspection reports for private schools. The authority
  216  conducting the fire safety inspection shall certify to the State
  217  Fire Marshal that the annual inspection has been completed and
  218  that the school is in full compliance. The certification shall
  219  be made electronically or by such other means as directed by the
  220  State Fire Marshal.
  221         8. Upon the request of a participating private school
  222  authorized to administer statewide assessments, provide at no
  223  cost to the school the statewide assessments administered under
  224  s. 1008.22 and any related materials for administering the
  225  assessments. Students at a private school may be assessed using
  226  the statewide assessments if the addition of those students and
  227  the school does not cause the state to exceed its contractual
  228  caps for the number of students tested and the number of testing
  229  sites. The state shall provide the same materials and support to
  230  a private school that it provides to a public school. A private
  231  school that chooses to administer statewide assessments under s.
  232  1008.22 shall follow the requirements set forth in ss. 1008.22
  233  and 1008.24, rules adopted by the State Board of Education to
  234  implement those sections, and district-level testing policies
  235  established by the district school board.
  236         Section 5. For the purpose of incorporating the amendment
  237  made by this act to section 1008.22, Florida Statutes, in
  238  references thereto, subsections (1) and (3) of section 1003.433,
  239  Florida Statutes, are reenacted to read:
  240         1003.433 Learning opportunities for out-of-state and out
  241  of-country transfer students and students needing additional
  242  instruction to meet high school graduation requirements.—
  243         (1) Students who enter a Florida public school at the 11th
  244  or 12th grade from out of state or out of country shall not be
  245  required to spend additional time in a Florida public school in
  246  order to meet the high school course requirements if the student
  247  has met all requirements of the school district, state, or
  248  country from which he or she is transferring. Such students who
  249  are not proficient in English should receive immediate and
  250  intensive instruction in English language acquisition. However,
  251  to receive a standard high school diploma, a transfer student
  252  must earn a 2.0 grade point average and meet the requirements
  253  under s. 1008.22.
  254         (3) Students who have been enrolled in an ESOL program for
  255  less than 2 school years and have met all requirements for the
  256  standard high school diploma except for passage of any must-pass
  257  assessment under s. 1003.4282 or s. 1008.22 or alternate
  258  assessment may receive immersion English language instruction
  259  during the summer following their senior year. Students
  260  receiving such instruction are eligible to take the required
  261  assessment or alternate assessment and receive a standard high
  262  school diploma upon passage of the required assessment or
  263  alternate assessment. This subsection shall be implemented to
  264  the extent funding is provided in the General Appropriations
  265  Act.
  266         Section 6. For the purpose of incorporating the amendment
  267  made by this act to section 1008.22, Florida Statutes, in a
  268  reference thereto, paragraph (b) of subsection (5) of section
  269  1003.4996, Florida Statutes, is reenacted to read:
  270         1003.4996 Competency-Based Education Pilot Program.
  271  Beginning with the 2016-2017 school year, the Competency-Based
  272  Education Pilot Program is created within the Department of
  273  Education to be administered for a period of 5 years. The
  274  purpose of the pilot program is to provide an educational
  275  environment that allows students to advance to higher levels of
  276  learning upon the mastery of concepts and skills through
  277  statutory exemptions relating to student progression and the
  278  awarding of credits.
  279         (5) DEPARTMENT DUTIES.—The department shall:
  280         (b) Provide participating schools with access to statewide,
  281  standardized assessments required under s. 1008.22.
  282         Section 7. For the purpose of incorporating the amendment
  283  made by this act to section 1008.22, Florida Statutes, in
  284  references thereto, paragraphs (a) and (c) of subsection (1) of
  285  section 1008.34, Florida Statutes, are reenacted to read:
  286         1008.34 School grading system; school report cards;
  287  district grade.—
  288         (1) DEFINITIONS.—For purposes of the statewide,
  289  standardized assessment program and school grading system, the
  290  following terms are defined:
  291         (a) “Achievement level,” “student achievement,” or
  292  “achievement” describes the level of content mastery a student
  293  has acquired in a particular subject as measured by a statewide,
  294  standardized assessment administered pursuant to s.
  295  1008.22(3)(a) and (b). There are five achievement levels. Level
  296  1 is the lowest achievement level, level 5 is the highest
  297  achievement level, and level 3 indicates satisfactory
  298  performance. A student passes an assessment if the student
  299  achieves a level 3, level 4, or level 5. For purposes of the
  300  Florida Alternate Assessment administered pursuant to s.
  301  1008.22(3)(c), the state board shall provide, in rule, the
  302  number of achievement levels and identify the achievement levels
  303  that are considered passing.
  304         (c) “Student performance,” “student academic performance,”
  305  or “academic performance” includes, but is not limited to,
  306  student learning growth, achievement levels, and Learning Gains
  307  on statewide, standardized assessments administered pursuant to
  308  s. 1008.22.
  309         Section 8. For the purpose of incorporating the amendment
  310  made by this act to section 1008.22, Florida Statutes, in a
  311  reference thereto, subsection (7) of section 1008.345, Florida
  312  Statutes, is reenacted to read:
  313         1008.345 Implementation of state system of school
  314  improvement and education accountability.—
  315         (7) As a part of the system of educational accountability,
  316  the Department of Education shall:
  317         (a) Develop minimum standards for various grades and
  318  subject areas, as required in ss. 1001.03, 1008.22, and 1008.34.
  319         (b) Administer the statewide assessment program created by
  320  s. 1008.22.
  321         (c) Review the school advisory councils of each district as
  322  required by s. 1001.452.
  323         (d) Conduct the program evaluations required by s. 1001.03.
  324         (e) Maintain a listing of college-level communication and
  325  mathematics skills associated with successful student
  326  performance through the baccalaureate level and submit it to the
  327  State Board of Education and the Board of Governors for
  328  approval.
  329         (f) Perform any other functions that may be involved in
  330  educational planning, research, and evaluation or that may be
  331  required by the commissioner, the State Board of Education, the
  332  Board of Governors, or law.
  333         Section 9. For the purpose of incorporating the amendment
  334  made by this act to section 1008.22, Florida Statutes, in a
  335  reference thereto, paragraph (a) of subsection (7) of section
  336  1012.34, Florida Statutes, is reenacted to read:
  337         1012.34 Personnel evaluation procedures and criteria.—
  339         (a) The Commissioner of Education shall approve a formula
  340  to measure individual student learning growth on the statewide,
  341  standardized assessments in English Language Arts and
  342  mathematics administered under s. 1008.22. A third party,
  343  independent of the assessment developer, must analyze student
  344  learning growth data calculated using the formula and provide
  345  access to a data visualization tool that enables teachers to
  346  understand and evaluate the data and school administrators to
  347  improve instruction, evaluate programs, allocate resources, plan
  348  professional development, and communicate with stakeholders. The
  349  formula must take into consideration each student’s prior
  350  academic performance. The formula must not set different
  351  expectations for student learning growth based upon a student’s
  352  gender, race, ethnicity, or socioeconomic status. In the
  353  development of the formula, the commissioner shall consider
  354  other factors such as a student’s attendance record, disability
  355  status, or status as an English language learner. The
  356  commissioner may select additional formulas to measure student
  357  performance as appropriate for the remainder of the statewide,
  358  standardized assessments included under s. 1008.22 and continue
  359  to select formulas as new assessments are implemented in the
  360  state system.
  361         Section 10. This act shall take effect July 1, 2019.