Bill Text: FL S0120 | 2010 | Regular Session | Introduced

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Bill Title: Florida Comprehensive Assessment Test [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Education Pre-K - 12, companion bill(s) passed, see CS/CS/SB 4 (Ch. 2010-22) [S0120 Detail]

Download: Florida-2010-S0120-Introduced.html

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Florida Senate - 2010                                     SB 120 
 
By Senator Bullard 
39-00193-10                                            2010120__ 
1                        A bill to be entitled 
2         An act relating to the Florida Comprehensive 
3         Assessment Test; amending s. 1003.03, F.S.; removing 
4         the requirement that a district school board adopt 
5         policies for meeting class size maximums which allow a 
6         student to graduate from high school if the student 
7         passes the grade 10 FCAT; amending s. 1003.428, F.S.; 
8         removing the requirement that a student earn a passing 
9         score on the FCAT or alternative assessment to 
10         graduate from high school; amending s. 1003.429, F.S.; 
11         removing the requirement that a student pursuing an 
12         accelerated 3-year high school graduation earn a 
13         passing score on the FCAT or alternative assessment; 
14         amending s. 1003.43, F.S.; conforming provisions to 
15         changes made by the act; amending s. 1003.433, F.S.; 
16         conforming provisions to changes made by the act 
17         relating to out-of-state and out-of-country transfer 
18         students and students needing additional instruction 
19         to meet the requirements for high school graduation; 
20         amending s. 1008.22, F.S.; conforming provisions to 
21         changes made by the act relating to the statewide 
22         assessment program; amending s. 1008.25, F.S.; 
23         removing provisions relating to the mandatory 
24         retention of a student in grade 3 who does not meet 
25         the proficiency level required on the reading portion 
26         of the FCAT; providing an effective date. 
27 
28  Be It Enacted by the Legislature of the State of Florida: 
29 
30         Section 1. Paragraph (c) of subsection (3) of section 
31  1003.03, Florida Statutes, is amended to read: 
32         1003.03 Maximum class size.— 
33         (3) IMPLEMENTATION OPTIONS.—District school boards must 
34  consider, but are not limited to, implementing the following 
35  items in order to meet the constitutional class size maximums 
36  described in subsection (1) and the two-student-per-year 
37  reduction required in subsection (2): 
38         (c)1. Repeal district school board policies that require 
39  students to have more than 24 credits to graduate from high 
40  school. 
41         2. Adopt policies that to allow students to graduate from 
42  high school as soon as they pass the grade 10 FCAT and complete 
43  the courses required for high school graduation. 
44         Section 2. Subsection (4), paragraph (b) of subsection (7), 
45  and subsection (8) of section 1003.428, Florida Statutes, are 
46  amended to read: 
47         1003.428 General requirements for high school graduation; 
48  revised.— 
49         (4) Each district school board shall establish standards 
50  for graduation from its schools, which must include: 
51         (a) Successful completion of the academic credit or 
52  curriculum requirements of subsections (1) and (2). 
53         (b) Earning passing scores on the FCAT, as defined in s. 
54  1008.22(3)(c), or scores on a standardized test that are 
55  concordant with passing scores on the FCAT as defined in s. 
56  1008.22(10). 
57         (b)(c) Completion of all other applicable requirements 
58  prescribed by the district school board pursuant to s. 1008.25. 
59         (c)(d) Achievement of a cumulative grade point average of 
60  2.0 on a 4.0 scale, or its equivalent, in the courses required 
61  by this section. 
62 
63  Each district school board shall adopt policies designed to 
64  assist students in meeting the requirements of this subsection. 
65  These policies may include, but are not limited to: forgiveness 
66  policies, summer school or before or after school attendance, 
67  special counseling, volunteers or peer tutors, school-sponsored 
68  help sessions, homework hotlines, and study skills classes. 
69  Forgiveness policies for required courses shall be limited to 
70  replacing a grade of “D” or “F,” or the equivalent of a grade of 
71  “D” or “F,” with a grade of “C” or higher, or the equivalent of 
72  a grade of “C” or higher, earned subsequently in the same or 
73  comparable course. Forgiveness policies for elective courses 
74  shall be limited to replacing a grade of “D” or “F,” or the 
75  equivalent of a grade of “D” or “F,” with a grade of “C” or 
76  higher, or the equivalent of a grade of “C” or higher, earned 
77  subsequently in another course. The only exception to these 
78  forgiveness policies shall be made for a student in the middle 
79  grades who takes any high school course for high school credit 
80  and earns a grade of “C,” “D,” or “F” or the equivalent of a 
81  grade of “C,” “D,” or “F.” In such case, the district 
82  forgiveness policy must allow the replacement of the grade with 
83  a grade of “C” or higher, or the equivalent of a grade of “C” or 
84  higher, earned subsequently in the same or comparable course. In 
85  all cases of grade forgiveness, only the new grade shall be used 
86  in the calculation of the student’s grade point average. Any 
87  course grade not replaced according to a district school board 
88  forgiveness policy shall be included in the calculation of the 
89  cumulative grade point average required for graduation. 
90         (7) 
91         (b) A student who completes the minimum number of credits 
92  and other requirements prescribed by subsections (1), (2), and 
93  (3), but who is unable to meet the standards of paragraph (4)(b) 
94  or, paragraph (4)(c), or paragraph (4)(d), shall be awarded a 
95  certificate of completion in a form prescribed by the State 
96  Board of Education. However, any student who is otherwise 
97  entitled to a certificate of completion may elect to remain in 
98  the secondary school either as a full-time student or a part 
99  time student for up to 1 additional year and receive special 
100  instruction designed to remedy his or her identified 
101  deficiencies. 
102         (8)(a) Each district school board must provide instruction 
103  to prepare students with disabilities to demonstrate proficiency 
104  in the core content knowledge and skills necessary for 
105  successful grade-to-grade progression and high school 
106  graduation. 
107         (b) A student with a disability, as defined in s. 
108  1007.02(2), for whom the individual education plan (IEP) 
109  committee determines that the FCAT cannot accurately measure the 
110  student’s abilities taking into consideration all allowable 
111  accommodations, shall have the FCAT requirement of paragraph 
112  (4)(b) waived for the purpose of receiving a standard high 
113  school diploma, if the student: 
114         1. Completes the minimum number of credits and other 
115  requirements prescribed by subsections (1), (2), and (3). 
116         2. Does not meet the requirements of paragraph (4)(b) after 
117  one opportunity in 10th grade and one opportunity in 11th grade. 
118         Section 3. Subsections (6), (7), and (8) of section 
119  1003.429, Florida Statutes, are amended to read: 
120         1003.429 Accelerated high school graduation options.— 
121         (6) Students pursuing accelerated 3-year high school 
122  graduation options pursuant to paragraph (1)(b) or paragraph 
123  (1)(c) are required to: 
124         (a) Earn passing scores on the FCAT as defined in s. 
125  1008.22(3)(c) or scores on a standardized test that are 
126  concordant with passing scores on the FCAT as defined in s. 
127  1008.22(10). 
128         (a)(b)1. Achieve a cumulative weighted grade point average 
129  of 3.5 on a 4.0 scale, or its equivalent, in the courses 
130  required for the college preparatory accelerated 3-year high 
131  school graduation option pursuant to paragraph (1)(b); or 
132         2. Achieve a cumulative weighted grade point average of 3.0 
133  on a 4.0 scale, or its equivalent, in the courses required for 
134  the career preparatory accelerated 3-year high school graduation 
135  option pursuant to paragraph (1)(c). 
136         (b)(c) Receive a weighted or unweighted grade that earns at 
137  least 3.0 points, or its equivalent, to earn course credit 
138  toward the 18 credits required for the college preparatory 
139  accelerated 3-year high school graduation option pursuant to 
140  paragraph (1)(b). 
141         (c)(d) Receive a weighted or unweighted grade that earns at 
142  least 2.0 points, or its equivalent, to earn course credit 
143  toward the 18 credits required for the career preparatory 
144  accelerated 3-year high school graduation option pursuant to 
145  paragraph (1)(c). 
146 
147  Weighted grades referred to in paragraphs (b), (c), and (d) 
148  shall be applied to those courses specifically listed or 
149  identified by the department as rigorous pursuant to s. 
150  1009.531(3) or weighted by the district school board for class 
151  ranking purposes. 
152         (7) If, at the end of grade 10, a student is not on track 
153  to meet the credit, assessment, or grade-point-average 
154  requirements of the accelerated graduation option selected, the 
155  school shall notify the student and parent of the following: 
156         (a) The requirements that the student is not currently 
157  meeting. 
158         (b) The specific performance necessary in grade 11 for the 
159  student to meet the accelerated graduation requirements. 
160         (c) The right of the student to change to the 4-year 
161  program set forth in s. 1003.43. 
162         (8) A student who selected one of the accelerated 3-year 
163  graduation options shall automatically move to the 4-year 
164  program set forth in s. 1003.43 if the student: 
165         (a) Exercises his or her right to change to the 4-year 
166  program; 
167         (b) Fails to earn 5 credits by the end of grade 9 or fails 
168  to earn 11 credits by the end of grade 10; 
169         (c) Does not achieve a score of 3 or higher on the grade 10 
170  FCAT Writing assessment; or 
171         (c)(d) By the end of grade 11 does not meet the 
172  requirements of subsections (1) and (6). 
173         Section 4. Subsection (5), paragraph (b) of subsection 
174  (10), and subsection (11) of section 1003.43, Florida Statutes, 
175  are amended to read: 
176         1003.43 General requirements for high school graduation.— 
177         (5) Each district school board shall establish standards 
178  for graduation from its schools, and these standards must 
179  include: 
180         (a) Earning passing scores on the FCAT, as defined in s. 
181  1008.22(3)(c), or scores on a standardized test that are 
182  concordant with passing scores on the FCAT as defined in s. 
183  1008.22(10). 
184         (a)(b) Completion of all other applicable requirements 
185  prescribed by the district school board pursuant to s. 1008.25. 
186         (b)(c) Achievement of a cumulative grade point average of 
187  1.5 on a 4.0 scale, or its equivalent, for students entering 9th 
188  grade before the 1997-1998 school year; however, these students 
189  must earn a cumulative grade point average of 2.0 on a 4.0 
190  scale, or its equivalent, in the courses required by subsection 
191  (1) which that are taken after July 1, 1997, or have an overall 
192  cumulative grade point average of 2.0 or above. 
193         (c)(d) Achievement of a cumulative grade point average of 
194  2.0 on a 4.0 scale, or its equivalent, in the courses required 
195  by subsection (1), for students entering 9th grade in the 1997 
196  1998 school year and thereafter. 
197         (d)(e) For purposes of paragraphs (b) (c) and (c) (d): 
198         1. Each district school board shall adopt policies designed 
199  to assist students in meeting these requirements. These policies 
200  may include, but are not limited to: forgiveness policies, 
201  summer school or before or after school attendance, special 
202  counseling, volunteer or and/or peer tutors, school-sponsored 
203  help sessions, homework hotlines, and study skills classes. 
204  Beginning in the 2000-2001 school year and each year thereafter, 
205  forgiveness policies for required courses shall be limited to 
206  replacing a grade of “D” or “F,” or the equivalent of a grade of 
207  “D” or “F,” with a grade of “C” or higher, or the equivalent of 
208  a grade of “C” or higher, earned subsequently in the same or 
209  comparable course. Forgiveness policies for elective courses 
210  shall be limited to replacing a grade of “D” or “F,” or the 
211  equivalent of a grade of “D” or “F,” with a grade of “C” or 
212  higher, or the equivalent of a grade of “C” or higher, earned 
213  subsequently in another course. Any course grade not replaced 
214  according to a district school board forgiveness policy shall be 
215  included in the calculation of the cumulative grade point 
216  average required for graduation. 
217         2. At the end of each semester, the parent of each student 
218  in grades 9, 10, 11, and 12 who has a cumulative grade point 
219  average of less than 0.5 above the cumulative grade point 
220  average required for graduation shall be notified that the 
221  student is at risk of not meeting the requirements for 
222  graduation. The notice shall contain an explanation of the 
223  policies the district school board has in place to assist the 
224  student in meeting the grade point average requirement. 
225         3. Special assistance to obtain a high school equivalency 
226  diploma pursuant to s. 1003.435 may be given only if when the 
227  student has completed all requirements for graduation except the 
228  attainment of the required cumulative grade point average. 
229 
230  The standards required in this subsection, and any subsequent 
231  modifications, shall be reprinted in the Florida Administrative 
232  Code even though not defined as “rules.” 
233         (10) 
234         (b) A student who completes the minimum number of credits 
235  and other requirements prescribed by subsections (1) and (4), 
236  but who is unable to meet the standards of paragraph (5)(a) or, 
237  paragraph (5)(b), or paragraph (5)(c), shall be awarded a 
238  certificate of completion in a form prescribed by the State 
239  Board of Education. However, any student who is otherwise 
240  entitled to a certificate of completion may elect to remain in 
241  the secondary school either as a full-time student or a part 
242  time student for up to 1 additional year and receive special 
243  instruction designed to remedy his or her identified 
244  deficiencies. 
245         (11)(a) Each district school board must provide instruction 
246  to prepare students with disabilities to demonstrate proficiency 
247  in the core content knowledge and skills necessary for 
248  successful grade-to-grade progression and high school 
249  graduation. 
250         (b) A student with a disability, as defined in s. 
251  1007.02(2), for whom the individual educational plan (IEP) 
252  committee determines that the FCAT cannot accurately measure the 
253  student’s abilities taking into consideration all allowable 
254  accommodations, shall have the FCAT requirement of paragraph 
255  (5)(a) waived for the purpose of receiving a standard high 
256  school diploma, if the student: 
257         1. Completes the minimum number of credits and other 
258  requirements prescribed by subsections (1) and (4). 
259         2. Does not meet the requirements of paragraph (5)(a) after 
260  one opportunity in 10th grade and one opportunity in 11th grade. 
261         Section 5. Section 1003.433, Florida Statutes, is amended 
262  to read: 
263         1003.433 Learning opportunities for out-of-state and out 
264  of-country transfer students and students needing additional 
265  instruction to meet high school graduation requirements.— 
266         (1) A student Students who enters enter a Florida public 
267  school at the eleventh or twelfth grade from out of state or 
268  from a foreign country is shall not be required to spend 
269  additional time in a Florida public school in order to meet the 
270  high school course requirements if the student has met all 
271  requirements of the school district, state, or country from 
272  which he or she is transferring. A student Such students who is 
273  are not proficient in English should receive immediate and 
274  intensive instruction in English language acquisition. However, 
275  to receive a standard high school diploma, the a transfer 
276  student must earn a 2.0 grade point average and pass the grade 
277  10 FCAT required in s. 1008.22(3) or an alternate assessment as 
278  described in s. 1008.22(10). 
279         (2) Students who have met all requirements for the standard 
280  high school diploma except for passage of the grade 10 FCAT or 
281  an alternate assessment by the end of grade 12 must be provided 
282  the following learning opportunities: 
283         (a) Participation in an accelerated high school equivalency 
284  diploma preparation program during the summer. 
285         (b) Upon receipt of a certificate of completion, be allowed 
286  to take the College Placement Test and be admitted to remedial 
287  or credit courses at a state community college, as appropriate. 
288         (c) Participation in an adult general education program as 
289  provided in s. 1004.93 for such time as the student requires to 
290  master English, reading, mathematics, or any other subject 
291  required for high school graduation. Students attending adult 
292  basic, adult secondary, or vocational-preparatory instruction 
293  are exempt from any requirement for the payment of tuition and 
294  fees, including lab fees, pursuant to s. 1009.25. A student 
295  attending an adult general education program shall have the 
296  opportunity to take the grade 10 FCAT an unlimited number of 
297  times in order to receive a standard high school diploma. 
298         (3) Students who have been enrolled in an ESOL program for 
299  less than 2 school years and have met all requirements for the 
300  standard high school diploma except for passage of the grade 10 
301  FCAT or alternate assessment may receive immersion English 
302  language instruction during the summer following their senior 
303  year. Students receiving such instruction are eligible to take 
304  the FCAT or alternate assessment and receive a standard high 
305  school diploma upon passage of the grade 10 FCAT or the 
306  alternate assessment. This subsection shall be implemented to 
307  the extent funding is provided in the General Appropriations 
308  Act. 
309         (2)(4) The district school superintendent shall notify be 
310  responsible for notifying all students of the consequences of 
311  failing failure to receive a standard high school diploma, 
312  including the potential ineligibility for financial assistance 
313  at postsecondary educational institutions. 
314         (3)(5) The State Board of Education may adopt rules 
315  pursuant to ss. 120.536(1) and 120.54 to administer this 
316  section. 
317         Section 6. Paragraph (c) of subsection (1), paragraph (c) 
318  of subsection (3), and subsections (9) and (10) of section 
319  1008.22, Florida Statutes, are amended to read: 
320         1008.22 Student assessment program for public schools.— 
321         (1) PURPOSE.—The primary purposes of the student assessment 
322  program are to provide information needed to improve the public 
323  schools by enhancing the learning gains of all students and to 
324  inform parents of the educational progress of their public 
325  school children. The program must be designed to: 
326         (c) Identify the educational strengths and needs of 
327  students and the readiness of students to be promoted to the 
328  next grade level or to graduate from high school with a standard 
329  or special high school diploma. 
330         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall 
331  design and implement a statewide program of educational 
332  assessment that provides information for the improvement of the 
333  operation and management of the public schools, including 
334  schools operating for the purpose of providing educational 
335  services to youth in Department of Juvenile Justice programs. 
336  The commissioner may enter into contracts for the continued 
337  administration of the assessment, testing, and evaluation 
338  programs authorized and funded by the Legislature. Contracts may 
339  be initiated in 1 fiscal year and continue into the next and may 
340  be paid from the appropriations of either or both fiscal years. 
341  The commissioner is authorized to negotiate for the sale or 
342  lease of tests, scoring protocols, test scoring services, and 
343  related materials developed pursuant to law. Pursuant to the 
344  statewide assessment program, the commissioner shall: 
345         (c) Develop and implement a student achievement testing 
346  program known as the Florida Comprehensive Assessment Test 
347  (FCAT) as part of the statewide assessment program to measure a 
348  student’s content knowledge and skills in reading, writing, 
349  science, and mathematics. Other content areas may be included as 
350  directed by the commissioner. Comprehensive assessments of 
351  reading and mathematics shall be administered annually in grades 
352  3 through 10. Comprehensive assessments of writing and science 
353  shall be administered at least once at the elementary, middle, 
354  and high school levels. End-of-course assessments for a subject 
355  may be administered in addition to the comprehensive assessments 
356  required for that subject under this paragraph. An end-of-course 
357  assessment must be rigorous, statewide, standardized, and 
358  developed or approved by the department. The content knowledge 
359  and skills assessed by comprehensive and end-of-course 
360  assessments must be aligned to the core curricular content 
361  established in the Sunshine State Standards. The commissioner 
362  may select one or more nationally developed comprehensive 
363  examinations, which may include, but need not be limited to, 
364  examinations for a College Board Advanced Placement course, 
365  International Baccalaureate course, or Advanced International 
366  Certificate of Education course or industry-approved 
367  examinations to earn national industry certifications as defined 
368  in s. 1003.492, for use as end-of-course assessments under this 
369  paragraph, if the commissioner determines that the content 
370  knowledge and skills assessed by the examinations meet or exceed 
371  the grade level expectations for the core curricular content 
372  established for the course in the Next Generation Sunshine State 
373  Standards. The commissioner may collaborate with the American 
374  Diploma Project in the adoption or development of rigorous end 
375  of-course assessments that are aligned to the Next Generation 
376  Sunshine State Standards. The testing program must be designed 
377  as follows: 
378         1. The tests shall measure student skills and competencies 
379  adopted by the State Board of Education as specified in 
380  paragraph (a). The tests must measure and report student 
381  proficiency levels of all students assessed in reading, writing, 
382  mathematics, and science. The commissioner shall provide for the 
383  tests to be developed or obtained, as appropriate, through 
384  contracts and project agreements with private vendors, public 
385  vendors, public agencies, postsecondary educational 
386  institutions, or school districts. The commissioner shall obtain 
387  input with respect to the design and implementation of the 
388  testing program from state educators, assistive technology 
389  experts, and the public. 
390         2. The testing program shall be composed of criterion 
391  referenced tests that shall, to the extent determined by the 
392  commissioner, include test items that require the student to 
393  produce information or perform tasks in such a way that the core 
394  content knowledge and skills he or she uses can be measured. 
395         3. Beginning with the 2008-2009 school year, the 
396  commissioner shall discontinue administration of the selected 
397  response test items on the comprehensive assessments of writing. 
398  Beginning with the 2012-2013 school year, the comprehensive 
399  assessments of writing shall be composed of a combination of 
400  selected-response test items, short-response performance tasks, 
401  and extended-response performance tasks, which shall measure a 
402  student’s content knowledge of writing, including, but not 
403  limited to, paragraph and sentence structure, sentence 
404  construction, grammar and usage, punctuation, capitalization, 
405  spelling, parts of speech, verb tense, irregular verbs, subject 
406  verb agreement, and noun-pronoun agreement. 
407         4. A score shall be designated for each subject area 
408  tested, below which score a student’s performance is deemed 
409  inadequate. The school districts shall provide appropriate 
410  remedial instruction to students who score below these levels. 
411         5. Except as provided in s. 1003.428(8)(b) or s. 
412  1003.43(11)(b), students must earn a passing score on the grade 
413  10 assessment test described in this paragraph or attain 
414  concordant scores as described in subsection (10) in reading, 
415  writing, and mathematics to qualify for a standard high school 
416  diploma. The State Board of Education shall designate a passing 
417  score for each part of the grade 10 assessment test. In 
418  establishing passing scores, the state board shall consider any 
419  possible negative impact of the test on minority students. The 
420  State Board of Education shall adopt rules which specify the 
421  passing scores for the grade 10 FCAT. Any such rules, which have 
422  the effect of raising the required passing scores, shall apply 
423  only to students taking the grade 10 FCAT for the first time 
424  after such rules are adopted by the State Board of Education. 
425         5.6. Participation in the testing program is mandatory for 
426  all students attending public school, including students served 
427  in Department of Juvenile Justice programs, except as otherwise 
428  prescribed by the commissioner. If a student does not 
429  participate in the statewide assessment, the district must 
430  notify the student’s parent and provide the parent with 
431  information regarding the implications of such nonparticipation. 
432  A parent must provide signed consent for a student to receive 
433  classroom instructional accommodations that would not be 
434  available or permitted on the statewide assessments and must 
435  acknowledge in writing that he or she understands the 
436  implications of such instructional accommodations. The State 
437  Board of Education shall adopt rules, based upon recommendations 
438  of the commissioner, for the provision of test accommodations 
439  for students in exceptional education programs and for students 
440  who have limited English proficiency. Accommodations that negate 
441  the validity of a statewide assessment are not permitted 
442  allowable in the administration of the FCAT. However, 
443  instructional accommodations are permitted allowable in the 
444  classroom if included in a student’s individual education plan. 
445  Students using instructional accommodations in the classroom 
446  that are not allowable as accommodations on the FCAT may have 
447  the FCAT requirement waived pursuant to the requirements of s. 
448  1003.428(8)(b) or s. 1003.43(11)(b). 
449         7. A student seeking an adult high school diploma must meet 
450  the same testing requirements that a regular high school student 
451  must meet. 
452         6.8. District school boards must provide instruction to 
453  prepare students to demonstrate proficiency in the core 
454  curricular content established in the Next Generation Sunshine 
455  State Standards adopted pursuant to under s. 1003.41, including 
456  the core content knowledge and skills necessary for successful 
457  grade-to-grade progression and high school graduation. If a 
458  student is provided with instructional accommodations in the 
459  classroom that are not permitted allowable as accommodations in 
460  the statewide assessment program, as described in the test 
461  manuals, the district must inform the parent in writing and must 
462  provide the parent with information regarding the impact on the 
463  student’s ability to meet expected proficiency levels in 
464  reading, writing, and mathematics. The commissioner shall 
465  conduct studies as necessary to verify that the required core 
466  curricular content is part of the district instructional 
467  programs. 
468         7.9. District school boards must provide opportunities for 
469  students to demonstrate an acceptable level of performance on an 
470  alternative standardized assessment approved by the State Board 
471  of Education following enrollment in summer academies. 
472         8.10. The Department of Education must develop, or select, 
473  and implement a common battery of assessment tools that will be 
474  used in all juvenile justice programs in the state. These tools 
475  must accurately measure the core curricular content established 
476  in the Sunshine State Standards. 
477         9.11. For students who have disabilities and are seeking a 
478  special diploma pursuant to s. 1003.438, the Department of 
479  Education must develop or select and implement an alternate 
480  assessment tool that accurately measures the core curricular 
481  content established in the Sunshine State Standards for students 
482  with disabilities under s. 1003.438. 
483         10.12. The Commissioner of Education shall establish 
484  schedules for the administration of statewide assessments and 
485  the reporting of student test results. The commissioner shall, 
486  by August 1 of each year, notify each school district in writing 
487  and publish on the department’s Internet website the testing and 
488  reporting schedules for, at a minimum, the school year following 
489  the upcoming school year. The testing and reporting schedules 
490  must shall require that: 
491         a. There is the latest possible administration of statewide 
492  assessments and the earliest possible reporting to the school 
493  districts of student test results which is feasible within 
494  available technology and specific appropriations; however, test 
495  results must be made available no later than the final day of 
496  the regular school year for students. 
497         b. Beginning with the 2010-2011 school year, a 
498  comprehensive statewide assessment of writing is not 
499  administered earlier than the week of March 1 and a 
500  comprehensive statewide assessment of any other subject is not 
501  administered earlier than the week of April 15. 
502         c. A statewide standardized end-of-course assessment is 
503  administered within the last 2 weeks of the course. 
504 
505  The commissioner may, based on collaboration and input from 
506  school districts, design and implement student testing programs, 
507  for any grade level and subject area, necessary to effectively 
508  monitor educational achievement in the state, including the 
509  measurement of educational achievement of the Sunshine State 
510  Standards for students with disabilities. Development and 
511  refinement of assessments shall include universal design 
512  principles and accessibility standards that will prevent any 
513  unintended obstacles for students with disabilities while 
514  ensuring the validity and reliability of the test. These 
515  principles must apply should be applicable to all technology 
516  platforms and assistive devices available for the assessments. 
517  The field testing process and psychometric analyses for the 
518  statewide assessment program must include an appropriate 
519  percentage of students with disabilities and an evaluation or 
520  determination of the effect of test items on such students. 
521         (9) APPLICABILITY OF TESTING STANDARDS.— 
522         (a) If the Commissioner of Education revises a statewide 
523  assessment and the revisions require the State Board of 
524  Education to modify the assessment’s proficiency levels or 
525  modify the passing scores required for a standard high school 
526  diploma, until the state board adopts the modifications by rule, 
527  the commissioner shall use calculations for scoring the 
528  assessment which adjust student scores on the revised assessment 
529  for statistical equivalence to student scores on the former 
530  assessment. 
531         (b) A student must attain the passing scores on the 
532  statewide assessment required for a standard high school diploma 
533  which are in effect at the time the student enters grade 9 if 
534  the student’s enrollment is continuous. 
535         (c) If the commissioner revises a statewide assessment and 
536  the revisions require the State Board of Education to modify the 
537  passing scores required for a standard high school diploma, the 
538  commissioner may, with approval of the state board, discontinue 
539  administration of the former assessment upon the graduation, 
540  based on normal student progression, of students participating 
541  in the final regular administration of the former assessment. 
542  The state board shall adopt by rule passing scores for the 
543  revised assessment which are statistically equivalent to passing 
544  scores on the discontinued assessment for a student required 
545  under paragraph (b) to attain passing scores on the discontinued 
546  assessment. 
547         (10) CONCORDANT SCORES FOR THE FCAT.— 
548         (a) The State Board of Education shall analyze the content 
549  and concordant data sets for widely used high school achievement 
550  tests, including, but not limited to, the PSAT, PLAN, SAT, ACT, 
551  and College Placement Test, to assess if concordant scores for 
552  FCAT scores can be determined for high school graduation, 
553  college placement, and scholarship awards. In cases where 
554  content alignment and concordant scores can be determined, the 
555  Commissioner of Education shall adopt those scores as meeting 
556  the graduation requirement in lieu of achieving the FCAT passing 
557  score and may adopt those scores as being sufficient to achieve 
558  additional purposes as determined by rule. Each time that test 
559  content or scoring procedures change for the FCAT or for a high 
560  school achievement test for which a concordant score is 
561  determined, new concordant scores must be determined. 
562         (b) In order to use a concordant subject area score 
563  pursuant to this subsection to satisfy the assessment 
564  requirement for a standard high school diploma as provided in s. 
565  1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must 
566  take each subject area of the grade 10 FCAT a total of three 
567  times without earning a passing score. The requirements of this 
568  paragraph shall not apply to a new student who enters the 
569  Florida public school system in grade 12, who may either achieve 
570  a passing score on the FCAT or use an approved subject area 
571  concordant score to fulfill the graduation requirement. 
572         (b)(c) The State Board of Education may define by rule the 
573  allowable uses, other than to satisfy the high school graduation 
574  requirement, for concordant scores as described in this 
575  subsection. Such uses may include, but need not be limited to, 
576  achieving appropriate standardized test scores required for the 
577  awarding of Florida Bright Futures Scholarships and college 
578  placement. 
579         Section 7. Subsections (3), (5), (6), and (7) of section 
580  1008.25, Florida Statutes, are amended to read: 
581         1008.25 Public school student progression; remedial 
582  instruction; reporting requirements.— 
583         (3) ALLOCATION OF RESOURCES.—District school boards shall 
584  allocate remedial and supplemental instruction resources to 
585  students in the following priority: 
586         (a) Students who are deficient in reading by the end of 
587  grade 3. 
588         (b) Students who fail to meet performance levels required 
589  for promotion consistent with the district school board’s plan 
590  for student progression required in paragraph (2)(b). 
591         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.— 
592         (a) It is the ultimate goal of the Legislature that every 
593  student read at or above grade level. Any student who exhibits a 
594  substantial deficiency in reading, based upon locally determined 
595  or statewide assessments conducted in kindergarten or grade 1, 
596  grade 2, or grade 3, or through teacher observations, must be 
597  given intensive reading instruction immediately following the 
598  identification of the reading deficiency. The student’s reading 
599  proficiency must be reassessed by locally determined assessments 
600  or through teacher observations at the beginning of the grade 
601  following the intensive reading instruction. The student must 
602  continue to be provided with intensive reading instruction until 
603  the reading deficiency is remedied. 
604         (b) Beginning with the 2002-2003 school year, if the 
605  student’s reading deficiency, as identified in paragraph (a), is 
606  not remedied by the end of grade 3, as demonstrated by scoring 
607  at Level 2 or higher on the statewide assessment test in reading 
608  for grade 3, the student must be retained. 
609         (b)(c) The parent of any student who exhibits a substantial 
610  deficiency in reading, as described in paragraph (a), must be 
611  notified in writing of the following: 
612         1. That his or her child has been identified as having a 
613  substantial deficiency in reading. 
614         2. A description of the current services that are provided 
615  to the child. 
616         3. A description of the proposed supplemental instructional 
617  services and supports that will be provided to the child and 
618  that are designed to remediate the identified area of reading 
619  deficiency. 
620         4. That if the child’s reading deficiency is not remediated 
621  by the end of grade 3, the child must be retained unless he or 
622  she is exempt from mandatory retention for good cause. 
623         4.5. Strategies for parents to use in helping their child 
624  succeed in reading proficiency. 
625         5.6. That the Florida Comprehensive Assessment Test (FCAT) 
626  is not the sole determiner of promotion and that additional 
627  evaluations, portfolio reviews, and assessments are available to 
628  the child to assist parents and the school district in knowing 
629  when a child is reading at or above grade level and ready for 
630  grade promotion. 
631         6.7. The district’s specific criteria and policies for 
632  midyear promotion. Midyear promotion means promotion of a 
633  retained student at any time during the year of retention once 
634  the student has demonstrated ability to read at grade level. 
635         (6) ELIMINATION OF SOCIAL PROMOTION.— 
636         (a) A No student may not be assigned to a grade level based 
637  solely on age or other factors that constitute social promotion. 
638         (b) The district school board may only exempt a student 
639  students from mandatory retention only, as provided in paragraph 
640  (5)(b), for good cause. An exemption for good cause exemptions 
641  shall be limited to the following: 
642         1. Limited English proficient students who have had less 
643  than 2 years of instruction in an English for Speakers of Other 
644  Languages program. 
645         2. Students with disabilities whose individual education 
646  plan indicates that participation in the statewide assessment 
647  program is not appropriate, consistent with the requirements of 
648  State Board of Education rule. 
649         3. Students who demonstrate an acceptable level of 
650  performance on an alternative standardized reading assessment 
651  approved by the State Board of Education. 
652         4. Students who demonstrate, through a student portfolio, 
653  that the student is reading on grade level as evidenced by 
654  demonstration of mastery of the Sunshine State Standards in 
655  reading equal to at least a Level 2 performance on the FCAT. 
656         5. Students with disabilities who participate in the FCAT 
657  and who have an individual education plan or a Section 504 plan 
658  that reflects that the student has received intensive 
659  remediation in reading for more than 2 years but still 
660  demonstrates a deficiency in reading and was previously retained 
661  in kindergarten, grade 1, grade 2, or grade 3. 
662         6. Students who have received intensive remediation in 
663  reading for 2 or more years but still demonstrate a deficiency 
664  in reading and who were previously retained in kindergarten, 
665  grade 1, grade 2, or grade 3 for a total of 2 years. Intensive 
666  reading instruction for students so promoted must include an 
667  altered instructional day that includes specialized diagnostic 
668  information and specific reading strategies for each student. 
669  The district school board shall assist schools and teachers to 
670  implement reading strategies that research has shown to be 
671  successful in improving reading among low-performing readers. 
672         (c) A request Requests for exemption good cause exemptions 
673  for students from the mandatory retention requirement as 
674  described in subparagraphs (b)3. and 4. shall be made consistent 
675  with the following: 
676         1. Documentation shall be submitted from the student’s 
677  teacher to the school principal which that indicates that the 
678  promotion of the student is appropriate and is based upon the 
679  student’s academic record. In order to minimize paperwork 
680  requirements, such documentation shall consist only of the 
681  existing progress monitoring plan, individual educational plan, 
682  if applicable, report card, or student portfolio. 
683         2. The school principal shall review and discuss the such 
684  recommendation with the teacher and determine make the 
685  determination as to whether the student should be promoted or 
686  retained. If the school principal determines that the student 
687  should be promoted, the school principal shall recommend the 
688  promotion make such recommendation in writing to the district 
689  school superintendent. The district school superintendent shall 
690  accept or reject the school principal’s recommendation in 
691  writing. 
692         (7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.— 
693         (a) A student who is Students retained under the provisions 
694  of paragraph (5)(b) must be provided intensive interventions in 
695  reading to ameliorate the student’s specific reading deficiency, 
696  as identified by a valid and reliable diagnostic assessment. 
697  This intensive intervention must include effective instructional 
698  strategies, participation in the school district’s summer 
699  reading camp, and appropriate teaching methodologies necessary 
700  to assist the student those students in becoming a successful 
701  reader who is readers, able to read at or above grade level, and 
702  ready for promotion to the next grade. 
703         (b) Beginning with the 2004-2005 school year, Each school 
704  district shall: 
705         1. Conduct a review of student progress monitoring plans 
706  for all students who have not met the proficiency level required 
707  did not score above Level 1 on the reading portion of the FCAT 
708  and did not meet the criteria for one of the good cause 
709  exemptions in paragraph (6)(b). The review must shall address 
710  additional supports and services, as described in this 
711  subsection, needed to remediate the identified areas of reading 
712  deficiency. The school district shall require that a student 
713  portfolio to be completed for each such student. 
714         2. Provide a student students who is are retained under the 
715  provisions of paragraph (5)(b) with intensive instructional 
716  services and supports to remediate the identified areas of 
717  reading deficiency, including a minimum of 90 minutes of daily, 
718  uninterrupted, scientifically research-based reading instruction 
719  and other strategies prescribed by the school district, which 
720  may include, but are not limited to: 
721         a. Small group instruction. 
722         b. Reduced teacher-student ratios. 
723         c. More frequent progress monitoring. 
724         d. Tutoring or mentoring. 
725         e. Transitional Transition classes containing students who 
726  are in the same grade as the student and students who are in the 
727  next grade level 3rd and 4th grade students. 
728         f. Extended school day, week, or year. 
729         g. Summer reading camps. 
730         3. Provide written notification to the parent of any 
731  student who is retained under the provisions of paragraph (5)(b) 
732  that his or her child has not met the proficiency level required 
733  for promotion and the reasons the child is not eligible for an a 
734  good cause exemption for good cause as provided in paragraph 
735  (6)(b). The notification must comply with the provisions of s. 
736  1002.20(15) and must include a description of proposed 
737  interventions and supports that will be provided to the child to 
738  remediate the identified areas of reading deficiency. 
739         4. Implement a policy for the midyear promotion of any 
740  student who is retained and under the provisions of paragraph 
741  (5)(b) who can demonstrate that he or she is a successful and 
742  independent reader, reading at or above grade level, and ready 
743  to be promoted to the next grade level grade 4. Tools that 
744  school districts may use in reevaluating any student retained 
745  may include subsequent assessments, alternative assessments, and 
746  portfolio reviews, in accordance with the rules of the State 
747  Board of Education. Students promoted during the school year 
748  after November 1 must demonstrate proficiency above that 
749  required to score at Level 2 on the grade 3 FCAT, as determined 
750  by the State Board of Education. The State Board of Education 
751  shall adopt standards that provide a reasonable expectation that 
752  the student’s progress is sufficient to master appropriate 4th 
753  grade level reading skills. 
754         5. Provide a student students who is are retained under the 
755  provisions of paragraph (5)(b) with a high-performing teacher as 
756  determined by student performance data and above-satisfactory 
757  performance appraisals. 
758         6. In addition to required reading enhancement and 
759  acceleration strategies, provide parents of students who are to 
760  be retained with at least one of the following instructional 
761  options: 
762         a. Supplemental tutoring in scientifically research-based 
763  reading services in addition to the regular reading block, 
764  including tutoring before or and/or after school. 
765         b. A “Read at Home” plan outlined in a parental contract, 
766  including participation in “Families Building Better Readers 
767  Workshops” and regular parent-guided home reading. 
768         c. A mentor or tutor having with specialized reading 
769  training. 
770         7. Establish a Reading Enhancement and Acceleration 
771  Development (READ) Initiative. The focus of the READ Initiative 
772  shall be to prevent the retention of grade 3 students and to 
773  offer intensive accelerated reading instruction to grade 3 
774  students who failed to meet standards for promotion to grade 4 
775  and to each K-3 student who is assessed as exhibiting a reading 
776  deficiency. The READ Initiative shall: 
777         a. Be provided to all K-3 students at risk of retention as 
778  identified by the statewide assessment system used in Reading 
779  First schools. The assessment must measure phonemic awareness, 
780  phonics, fluency, vocabulary, and comprehension. 
781         b. Be provided during regular school hours in addition to 
782  the regular reading instruction. 
783         c. Provide a state-identified reading curriculum that has 
784  been reviewed by the Florida Center for Reading Research at 
785  Florida State University and meets, at a minimum, the following 
786  specifications: 
787         (I) Assists a student who is students assessed as 
788  exhibiting a reading deficiency in developing the ability to 
789  read at grade level. 
790         (II) Provides skill development in phonemic awareness, 
791  phonics, fluency, vocabulary, and comprehension. 
792         (III) Provides scientifically based and reliable 
793  assessment. 
794         (IV) Provides initial and ongoing analysis of the each 
795  student’s reading progress. 
796         (V) Is implemented during regular school hours. 
797         (VI) Provides a curriculum in core academic subjects to 
798  assist the student in maintaining or meeting proficiency levels 
799  for the appropriate grade in all academic subjects. 
800         8. Establish at each school, where applicable, an Intensive 
801  Acceleration Class for retained grade 3 students who do not meet 
802  the proficiency level required subsequently score at Level 1 on 
803  the reading portion of the FCAT. The focus of the Intensive 
804  Acceleration Class shall be to increase a child’s reading level 
805  at least two grade levels in 1 school year. The Intensive 
806  Acceleration Class shall: 
807         a. Be provided to any student in grade 3 who does not meet 
808  the proficiency level required scores at Level 1 on the reading 
809  portion of the FCAT and who was retained in grade 3 the prior 
810  year because the student did not meet the proficiency level 
811  required of scoring at Level 1 on the reading portion of the 
812  FCAT. 
813         b. Have a reduced teacher-student ratio. 
814         c. Provide uninterrupted reading instruction for the 
815  majority of student contact time each day and incorporate 
816  opportunities to master the appropriate grade level grade 4 
817  Sunshine State Standards in other core subject areas. 
818         d. Use a reading program that is scientifically research 
819  based and has proven results in accelerating student reading 
820  achievement within the same school year. 
821         e. Provide intensive language and vocabulary instruction 
822  using a scientifically research-based program, including use of 
823  a speech-language therapist. 
824         f. Include weekly progress monitoring measures to ensure 
825  that progress is being made. 
826         g. Report to the Department of Education, in the manner 
827  described by the department, the progress of students in the 
828  class at the end of the first semester. 
829         9. Report to the State Board of Education, as requested, on 
830  the specific intensive reading interventions and supports 
831  implemented at the school district level. The Commissioner of 
832  Education shall annually prescribe the required components of 
833  requested reports. 
834         10. Provide a student who has been retained in grade 3 and 
835  has received intensive instructional services but is still not 
836  ready for grade promotion, as determined by the school district, 
837  the option of being placed in a transitional instructional 
838  setting. Such setting shall specifically be designed to produce 
839  learning gains sufficient to meet the appropriate grade level 
840  grade 4 performance standards while continuing to remediate the 
841  areas of reading deficiency. 
842         Section 8. This act shall take effect July 1, 2010.