Florida Senate - 2021                                    SB 1424
       By Senator Jones
       35-01826-21                                           20211424__
    1                        A bill to be entitled                      
    2         An act relating to students with limited English
    3         proficiency; amending s. 1008.22, F.S.; requiring
    4         district school boards to provide certain instruction
    5         to students who have limited English proficiency;
    6         requiring that certain standardized assessments be
    7         waived for such students in specified circumstances;
    8         providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Paragraph (c) of subsection (3) of section
   13  1008.22, Florida Statutes, is amended to read:
   14         1008.22 Student assessment program for public schools.—
   16  Commissioner of Education shall design and implement a
   17  statewide, standardized assessment program aligned to the core
   18  curricular content established in the Next Generation Sunshine
   19  State Standards. The commissioner also must develop or select
   20  and implement a common battery of assessment tools that will be
   21  used in all juvenile justice education programs in the state.
   22  These tools must accurately measure the core curricular content
   23  established in the Next Generation Sunshine State Standards.
   24  Participation in the assessment program is mandatory for all
   25  school districts and all students attending public schools,
   26  including adult students seeking a standard high school diploma
   27  under s. 1003.4282 and students in Department of Juvenile
   28  Justice education programs, except as otherwise provided by law.
   29  If a student does not participate in the assessment program, the
   30  school district must notify the student’s parent and provide the
   31  parent with information regarding the implications of such
   32  nonparticipation. The statewide, standardized assessment program
   33  shall be designed and implemented as follows:
   34         (c) Students with disabilities and students who have
   35  limited English proficiency; Florida Alternate Assessment.—
   36         1. Each district school board must provide instruction to
   37  prepare students with disabilities and students who have limited
   38  English proficiency in the core content knowledge and skills
   39  necessary for successful grade-to-grade progression and high
   40  school graduation.
   41         2. A student with a disability, as defined in s. 1007.02,
   42  or a student who has limited English proficiency, as defined in
   43  s. 1003.56(2)(a), for whom the individual education plan (IEP)
   44  team or an ELL Committee as defined by rule of the Department of
   45  Education, determines that the statewide, standardized
   46  assessments under this section cannot accurately measure the
   47  student’s abilities, taking into consideration all allowable
   48  accommodations, shall have assessment results waived for the
   49  purpose of receiving a course grade and a standard high school
   50  diploma. Such waiver shall be designated on the student’s
   51  transcript. The statement of waiver shall be limited to a
   52  statement that performance on an assessment was waived for the
   53  purpose of receiving a course grade or a standard high school
   54  diploma, as applicable.
   55         3. The State Board of Education shall adopt rules, based
   56  upon recommendations of the commissioner, for the provision of
   57  assessment accommodations for students with disabilities and for
   58  students who have limited English proficiency.
   59         a. Accommodations that negate the validity of a statewide,
   60  standardized assessment are not allowed during the
   61  administration of the assessment. However, instructional
   62  accommodations are allowed in the classroom if identified in a
   63  student’s IEP. Students using instructional accommodations in
   64  the classroom that are not allowed on a statewide, standardized
   65  assessment may have assessment results waived if the IEP team
   66  determines that the assessment cannot accurately measure the
   67  student’s abilities.
   68         b. If a student is provided with instructional
   69  accommodations in the classroom that are not allowed as
   70  accommodations for statewide, standardized assessments, the
   71  district must inform the parent in writing and provide the
   72  parent with information regarding the impact on the student’s
   73  ability to meet expected performance levels. A parent must
   74  provide signed consent for a student to receive classroom
   75  instructional accommodations that would not be available or
   76  permitted on a statewide, standardized assessment and
   77  acknowledge in writing that he or she understands the
   78  implications of such instructional accommodations.
   79         c. If a student’s IEP states that online administration of
   80  a statewide, standardized assessment will significantly impair
   81  the student’s ability to perform, the assessment shall be
   82  administered in hard copy.
   83         4. For students with significant cognitive disabilities,
   84  the Department of Education shall provide for implementation of
   85  the Florida Alternate Assessment to accurately measure the core
   86  curricular content established in the Next Generation Sunshine
   87  State Standards.
   88         Section 2. This act shall take effect July 1, 2021.