Bill Text: FL S0724 | 2021 | Regular Session | Introduced
Bill Title: Education
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2021-04-30 - Died in Education [S0724 Detail]
Download: Florida-2021-S0724-Introduced.html
Florida Senate - 2021 SB 724
By Senator Taddeo
40-00173A-21 2021724__
1 A bill to be entitled
2 An act relating to education; amending s. 1002.69,
3 F.S.; requiring the Department of Education to adopt
4 native language versions of the school readiness
5 screener, the school readiness assessment, the Florida
6 Voluntary Prekindergarten Assessment, and the Florida
7 Kindergarten Readiness Screener; requiring certain
8 private schools to administer such screeners and
9 assessments to certain students; providing for the
10 determination of when it is appropriate to administer
11 native language versions of the screeners and
12 assessments; amending s. 1003.435, F.S.; requiring
13 that a high school equivalency examination
14 administered in any language other than English be
15 given the same weight as a high school equivalency
16 examination administered in English; amending s.
17 1008.22, F.S.; revising requirements of the statewide,
18 standardized assessment program to include native
19 language versions of related assessments; requiring
20 certain private schools to administer native language
21 versions of such assessments to English language
22 learners and other students for whom it is
23 appropriate; providing for the determination of when
24 it is appropriate to administer native language
25 versions of such assessments; requiring the department
26 to create a timetable and an action plan for the
27 development and adoption of native language versions
28 of the assessments; requiring the state to accept
29 results on the high school equivalency examination
30 from any language version of the examination;
31 providing for the administration of language
32 proficiency assessments; defining terms; requiring the
33 department to develop or identify content assessments
34 in target languages; providing for the administration
35 of content assessments in target languages in certain
36 education programs; requiring the department to create
37 a timetable and an action plan for the development and
38 adoption of native language examinations; requiring
39 the state board to adopt standards for heritage
40 language courses; requiring the state board to develop
41 a timeline for phasing in standards for additional
42 languages; requiring the Commissioner of Education to
43 identify alternative assessments and passing scores
44 for a specified purpose; requiring the State Board of
45 Education to approve by rule passing scores on
46 alternative assessments; requiring the department to
47 provide funding for instructional materials for
48 heritage language courses, subject to legislative
49 appropriation; reenacting ss. 1002.385(7)(b) and
50 (8)(b), 1002.394(6)(b), (8)(c), and (9)(g),
51 1002.395(7)(e), (8)(b), and (10)(b), and
52 1002.40(6)(b), (7)(b), and (9)(f), F.S., relating to
53 the Gardiner Scholarship, the Family Empowerment
54 Scholarship Program, the Florida Tax Credit
55 Scholarship Program, and the Hope Scholarship Program,
56 respectively, to incorporate the amendments to s.
57 1008.22, in references thereto; providing an effective
58 date.
59
60 WHEREAS, the federal Every Student Succeeds Act (ESSA)
61 includes the purpose of assisting all English language learners,
62 including immigrant children and youth, in achieving at high
63 levels in academic subjects so that English language learners
64 can meet the same challenging state academic standards that all
65 students are expected to meet, and
66 WHEREAS, the ESSA requires states to make every effort to
67 develop annual academic assessments in languages other than
68 English which are present to a significant extent in the
69 participating student population, and
70 WHEREAS, this state’s diversity of English language
71 learners surpasses most states in the country, and
72 WHEREAS, Florida is ranked third in the nation in its
73 English language learner population and, although Spanish is the
74 native language of the majority of these students, English
75 language learners in this state speak more than 200 different
76 languages, and
77 WHEREAS, all students within this state should be given an
78 equitable opportunity to study and learn subjects required for
79 grade-to-grade progression and high school graduation, and
80 WHEREAS, the current system of testing students for
81 accountability purposes in a language they do not understand
82 does not provide accurate information about how well English
83 language learners are learning subject area content, NOW,
84 THEREFORE,
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Subsection (1) of section 1002.69, Florida
89 Statutes, is amended to read:
90 1002.69 Statewide kindergarten screening; kindergarten
91 readiness rates; state-approved prekindergarten enrollment
92 screening; good cause exemption.—
93 (1)(a) The department shall adopt a statewide kindergarten
94 screening that assesses the readiness of each student for
95 kindergarten based upon the performance standards adopted by the
96 department under s. 1002.67(1) for the Voluntary Prekindergarten
97 Education Program. The department shall require that each school
98 district administer the statewide kindergarten screening to each
99 kindergarten student in the school district within the first 30
100 school days of each school year. Nonpublic schools may
101 administer the statewide kindergarten screening to each
102 kindergarten student in a nonpublic school who was enrolled in
103 the Voluntary Prekindergarten Education Program.
104 (b) The department shall adopt native language versions of
105 the school readiness screener, the school readiness assessment,
106 the Florida Voluntary Prekindergarten Assessment, and the
107 Florida Kindergarten Readiness Screener beginning with the two
108 most prevalent languages represented in the English language
109 learner population within this state. For students who are
110 English language learners and for whom it is appropriate, each
111 private school as defined in s. 1002.01 that accepts scholarship
112 students who participate in a state scholarship program under
113 chapter 1002 or that receives any state funding shall
114 administer, as appropriate, a native language version of the
115 school readiness screener, the school readiness assessment, the
116 Florida Voluntary Prekindergarten Assessment, and the Florida
117 Kindergarten Readiness Screener. A parent of a prekindergarten
118 dual language learner or a kindergarten dual language learner
119 must be given the opportunity to determine whether the
120 administration of a native language version screening or
121 assessment is appropriate for his or her student. If a parent
122 does not exercise his or her right, the decision to determine
123 the appropriateness of the administration of a native language
124 version screening or assessment may be based on teacher
125 judgment.
126 Section 2. Subsection (5) of section 1003.435, Florida
127 Statutes, is amended to read:
128 1003.435 High school equivalency diploma program.—
129 (5) Each district school board shall develop, in
130 cooperation with the area Florida College System institution
131 board of trustees, a plan for the provision of advanced
132 instruction for those students who attain satisfactory
133 performance on the high school equivalency examination or the
134 subject area examinations or who demonstrate through other means
135 a readiness to engage in postsecondary-level academic work. The
136 plan shall include provisions for the equitable distribution of
137 generated funds to cover personnel, maintenance, and other costs
138 of offering the advanced instruction. Priority shall be given to
139 programs of advanced instruction offered in high school
140 facilities. A high school equivalency examination administered
141 in any language other than English must be given the same weight
142 as a high school equivalency examination administered in
143 English.
144 Section 3. Present subsections (9) through (13) of section
145 1008.22, Florida Statutes, are redesignated as subsections (10)
146 through (14), respectively, paragraph (h) of subsection (3) and
147 a new subsection (9) are added to that section, and paragraphs
148 (a) and (c) of subsection (3) of that section are amended, to
149 read:
150 1008.22 Student assessment program for public schools.—
151 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
152 Commissioner of Education shall design and implement a
153 statewide, standardized assessment program aligned to the core
154 curricular content established in the Next Generation Sunshine
155 State Standards. The commissioner also must develop or select
156 and implement a common battery of assessment tools that will be
157 used in all juvenile justice education programs in the state.
158 These tools must accurately measure the core curricular content
159 established in the Next Generation Sunshine State Standards.
160 Participation in the assessment program is mandatory for all
161 school districts and all students attending public schools,
162 including adult students seeking a standard high school diploma
163 under s. 1003.4282 and students in Department of Juvenile
164 Justice education programs, except as otherwise provided by law.
165 If a student does not participate in the assessment program, the
166 school district must notify the student’s parent and provide the
167 parent with information regarding the implications of such
168 nonparticipation. The statewide, standardized assessment program
169 shall be designed and implemented as follows:
170 (a) Statewide, standardized comprehensive assessments.—The
171 statewide, standardized Reading assessment shall be administered
172 annually in grades 3 through 10. The statewide, standardized
173 Writing assessment shall be administered annually at least once
174 at the elementary, middle, and high school levels. When the
175 Reading and Writing assessments are replaced by English Language
176 Arts (ELA) assessments, ELA assessments shall be administered to
177 students in grades 3 through 10. Retake opportunities for the
178 grade 10 Reading assessment or, upon implementation, the grade
179 10 ELA assessment must be provided. Students taking the ELA
180 assessments shall not take the statewide, standardized
181 assessments in Reading or Writing. Reading passages and writing
182 prompts for ELA assessments shall incorporate grade-level core
183 curricula content from social studies. The statewide,
184 standardized Mathematics assessments shall be administered
185 annually in grades 3 through 8. Students taking a revised
186 Mathematics assessment shall not take the discontinued
187 assessment. The statewide, standardized Science assessment shall
188 be administered annually at least once at the elementary and
189 middle grades levels. In order to earn a standard high school
190 diploma, a student who has not earned a passing score on the
191 grade 10 Reading assessment or, upon implementation, the grade
192 10 ELA assessment must earn a passing score on the assessment
193 retake or earn a concordant score as authorized under subsection
194 (10) (9).
195 (c) Students with disabilities; Florida Alternate
196 Assessment; English language learners.—
197 1. Each district school board must provide instruction to
198 prepare students with disabilities in the core content knowledge
199 and skills necessary for successful grade-to-grade progression
200 and high school graduation.
201 2. A student with a disability, as defined in s. 1007.02,
202 for whom the individual education plan (IEP) team determines
203 that the statewide, standardized assessments under this section
204 cannot accurately measure the student’s abilities, taking into
205 consideration all allowable accommodations, shall have
206 assessment results waived for the purpose of receiving a course
207 grade and a standard high school diploma. Such waiver shall be
208 designated on the student’s transcript. The statement of waiver
209 shall be limited to a statement that performance on an
210 assessment was waived for the purpose of receiving a course
211 grade or a standard high school diploma, as applicable.
212 3. The State Board of Education shall adopt rules, based
213 upon recommendations of the commissioner, for the provision of
214 assessment accommodations for students with disabilities and for
215 students who have limited English proficiency.
216 a. Accommodations that negate the validity of a statewide,
217 standardized assessment are not allowed during the
218 administration of the assessment. However, instructional
219 accommodations are allowed in the classroom if identified in a
220 student’s IEP. Students using instructional accommodations in
221 the classroom that are not allowed on a statewide, standardized
222 assessment may have assessment results waived if the IEP team
223 determines that the assessment cannot accurately measure the
224 student’s abilities.
225 b. If a student is provided with instructional
226 accommodations in the classroom that are not allowed as
227 accommodations for statewide, standardized assessments, the
228 district must inform the parent in writing and provide the
229 parent with information regarding the impact on the student’s
230 ability to meet expected performance levels. A parent must
231 provide signed consent for a student to receive classroom
232 instructional accommodations that would not be available or
233 permitted on a statewide, standardized assessment and
234 acknowledge in writing that he or she understands the
235 implications of such instructional accommodations.
236 c. If a student’s IEP states that online administration of
237 a statewide, standardized assessment will significantly impair
238 the student’s ability to perform, the assessment shall be
239 administered in hard copy.
240 d.(I) Each private school, as defined in s. 1002.01, that
241 accepts scholarship students who participate in a state
242 scholarship program under chapter 1002 and has chosen to offer
243 statewide assessments shall administer, as appropriate, native
244 language versions of statewide, standardized comprehensive
245 assessments and EOC assessments to English language learners and
246 for whom it is appropriate.
247 (A) A parent of an English language learner in
248 prekindergarten through grade 5 or a parent of a student with
249 disabilities in any grade level may determine whether the
250 administration of a native language version of a standardized
251 comprehensive assessment and EOC assessment is appropriate.
252 (B) An English language learner in grades 6 through 12 may
253 determine whether the administration of a native language
254 version of a standardized comprehensive assessment and EOC
255 assessment is appropriate. The parent of an English language
256 learner in grades 6 through 12 may prohibit his or her student
257 from being administered the native language versions of the
258 assessments.
259 (II) The Department of Education shall develop a timetable
260 and an action plan to phase in the development and adoption of
261 the native language assessments, beginning with assessments for
262 the two most prevalent languages represented in the English
263 language learner population within this state and with
264 assessments required for high school graduation. The state shall
265 accept results on the high school equivalency examination from
266 any language version of the examination.
267 4. For students with significant cognitive disabilities,
268 the Department of Education shall provide for implementation of
269 the Florida Alternate Assessment to accurately measure the core
270 curricular content established in the Next Generation Sunshine
271 State Standards.
272 (h) Language proficiency assessments and content
273 assessments in the target language of instruction.—
274 1. Language proficiency assessments in the target language
275 identified or developed by the department must be administered
276 annually for the target language in dual language programs,
277 bilingual education programs, and heritage language programs to
278 all participating students, including, but not limited to,
279 English language learners. For purposes of this paragraph, the
280 term “heritage language program” means a program for heritage
281 language speakers and the term “heritage language speakers”
282 means individuals who are exposed to a language other than
283 English at home but are educated primarily in English. Content
284 assessments in the target language must be identified or
285 developed by the department and administered annually in dual
286 language and bilingual education programs for content knowledge
287 taught in a language other than English to all participating
288 students, including, but not limited to, English language
289 learners.
290 2. The department shall develop a timetable and an action
291 plan to phase in the identification or development and adoption
292 of native language examinations of progress in acquisition of
293 the target language and examinations of achievement in the
294 content areas taught through the target language, beginning with
295 examinations for the most frequently taught language and content
296 area in bilingual or dual language programs in public schools.
297 3. The state board shall adopt standards for heritage
298 language courses, beginning with the heritage languages with the
299 largest enrollment, and shall develop a timeline for phasing in
300 standards for additional languages.
301 (9) ENGLISH LANGUAGE LEARNERS; ALTERNATIVE ASSESSMENTS.—The
302 Commissioner of Education shall identify alternative assessments
303 and their respective passing scores to be offered in languages
304 other than English and that are appropriate for demonstrating
305 the college readiness of English language learners. The passing
306 scores on alternative assessments identified pursuant to this
307 subsection must be approved by state board rule.
308 Section 4. Subject to legislative appropriation, the
309 Department of Education shall provide funds to school districts
310 to purchase instructional materials for heritage language
311 program courses as provided in s. 1008.22(3)(h), Florida
312 Statutes.
313 Section 5. For the purpose of incorporating the amendment
314 made by this act to section 1008.22, Florida Statutes, in
315 references thereto, paragraph (b) of subsection (7) and
316 paragraph (b) of subsection (8) of section 1002.385, Florida
317 Statutes, are reenacted to read:
318 1002.385 The Gardiner Scholarship.—
319 (7) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
320 (b) For each student participating in the program who
321 chooses to participate in statewide, standardized assessments
322 under s. 1008.22 or the Florida Alternate Assessment, the school
323 district in which the student resides must notify the student
324 and his or her parent about the locations and times to take all
325 statewide, standardized assessments.
326 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
327 private school may be sectarian or nonsectarian and shall:
328 (b)1. Annually administer or make provision for students
329 participating in the program in grades 3 through 10 to take one
330 of the nationally norm-referenced tests identified by the
331 Department of Education or the statewide assessments pursuant to
332 s. 1008.22. Students with disabilities for whom standardized
333 testing is not appropriate are exempt from this requirement. A
334 participating private school shall report a student’s scores to
335 the parent.
336 2. Administer the statewide assessments pursuant to s.
337 1008.22 if a private school chooses to offer the statewide
338 assessments. A participating private school may choose to offer
339 and administer the statewide assessments to all students who
340 attend the private school in grades 3 through 10 and must submit
341 a request in writing to the Department of Education by March 1
342 of each year in order to administer the statewide assessments in
343 the subsequent school year.
344
345 If a private school fails to meet the requirements of this
346 subsection or s. 1002.421, the commissioner may determine that
347 the private school is ineligible to participate in the
348 scholarship program.
349 Section 6. For the purpose of incorporating the amendment
350 made by this act to section 1008.22, Florida Statutes, in
351 references thereto, paragraph (b) of subsection (6), paragraph
352 (c) of subsection (8), and paragraph (g) of subsection (9) of
353 section 1002.394, Florida Statutes, are reenacted to read:
354 1002.394 The Family Empowerment Scholarship Program.—
355 (6) SCHOOL DISTRICT OBLIGATIONS.—
356 (b) The school district in which a participating student
357 resides must notify the student and his or her parent about the
358 locations and times to take all statewide assessments under s.
359 1008.22 if the student chooses to participate in such
360 assessments. Upon the request of the department, a school
361 district shall coordinate with the department to provide to a
362 participating private school the statewide assessments
363 administered under s. 1008.22 and any related materials for
364 administering the assessments. For a student who participates in
365 the Family Empowerment Scholarship Program whose parent requests
366 that the student take the statewide assessments under s.
367 1008.22, the district in which the student attends a private
368 school shall provide locations and times to take all statewide
369 assessments. A school district is responsible for implementing
370 test administrations at a participating private school,
371 including the:
372 1. Provision of training for private school staff on test
373 security and assessment administration procedures;
374 2. Distribution of testing materials to a private school;
375 3. Retrieval of testing materials from a private school;
376 4. Provision of the required format for a private school to
377 submit information to the district for test administration and
378 enrollment purposes; and
379 5. Provision of any required assistance, monitoring, or
380 investigation at a private school.
381 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
382 eligible to participate in the Family Empowerment Scholarship
383 Program, a private school may be sectarian or nonsectarian and
384 must:
385 (c)1. Annually administer or make provision for students
386 participating in the program in grades 3 through 10 to take one
387 of the nationally norm-referenced tests that are identified by
388 the department pursuant to paragraph (7)(c) or to take the
389 statewide assessments pursuant to s. 1008.22. Students with
390 disabilities for whom standardized testing is not appropriate
391 are exempt from this requirement. A participating private school
392 shall report a student’s scores to his or her parent. By August
393 15 of each year, a participating private school must report the
394 scores of all participating students to a state university as
395 described in s. 1002.395(9)(f).
396 2. Administer the statewide assessments pursuant to s.
397 1008.22 if the private school chooses to offer the statewide
398 assessments. A participating private school may choose to offer
399 and administer the statewide assessments to all students who
400 attend the private school in grades 3 through 10 and must submit
401 a request in writing to the department by March 1 of each year
402 in order to administer the statewide assessments in the
403 subsequent school year.
404
405 If a private school fails to meet the requirements of this
406 subsection or s. 1002.421, the commissioner may determine that
407 the private school is ineligible to participate in the
408 scholarship program.
409 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
410 PARTICIPATION.—A parent who applies for a Family Empowerment
411 Scholarship is exercising his or her parental option to place
412 his or her child in a private school.
413 (g) If the parent requests that the student participating
414 in the program take all statewide assessments required pursuant
415 to s. 1008.22, the parent is responsible for transporting the
416 student to the assessment site designated by the school
417 district.
418 Section 7. For the purpose of incorporating the amendment
419 made by this act to section 1008.22, Florida Statutes, in
420 references thereto, paragraph (e) of subsection (7), paragraph
421 (b) of subsection (8), and paragraph (b) of subsection (10) of
422 section 1002.395, Florida Statutes, are reenacted to read:
423 1002.395 Florida Tax Credit Scholarship Program.—
424 (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
425 PARTICIPATION.—
426 (e) The parent shall ensure that the student participating
427 in the scholarship program takes the norm-referenced assessment
428 offered by the private school. The parent may also choose to
429 have the student participate in the statewide assessments
430 pursuant to s. 1008.22. If the parent requests that the student
431 participating in the scholarship program take statewide
432 assessments pursuant to s. 1008.22 and the private school has
433 not chosen to offer and administer the statewide assessments,
434 the parent is responsible for transporting the student to the
435 assessment site designated by the school district.
436 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
437 private school may be sectarian or nonsectarian and must:
438 (b)1. Annually administer or make provision for students
439 participating in the scholarship program in grades 3 through 10
440 to take one of the nationally norm-referenced tests identified
441 by the Department of Education or the statewide assessments
442 pursuant to s. 1008.22. Students with disabilities for whom
443 standardized testing is not appropriate are exempt from this
444 requirement. A participating private school must report a
445 student’s scores to the parent. A participating private school
446 must annually report by August 15 the scores of all
447 participating students to a state university described in
448 paragraph (9)(f).
449 2. Administer the statewide assessments pursuant to s.
450 1008.22 if a private school chooses to offer the statewide
451 assessments. A participating private school may choose to offer
452 and administer the statewide assessments to all students who
453 attend the private school in grades 3 through 10 and must submit
454 a request in writing to the Department of Education by March 1
455 of each year in order to administer the statewide assessments in
456 the subsequent school year.
457
458 If a private school fails to meet the requirements of this
459 subsection or s. 1002.421, the commissioner may determine that
460 the private school is ineligible to participate in the
461 scholarship program.
462 (10) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
463 (b) Upon the request of the Department of Education, a
464 school district shall coordinate with the department to provide
465 to a participating private school the statewide assessments
466 administered under s. 1008.22 and any related materials for
467 administering the assessments. A school district is responsible
468 for implementing test administrations at a participating private
469 school, including the:
470 1. Provision of training for private school staff on test
471 security and assessment administration procedures;
472 2. Distribution of testing materials to a private school;
473 3. Retrieval of testing materials from a private school;
474 4. Provision of the required format for a private school to
475 submit information to the district for test administration and
476 enrollment purposes; and
477 5. Provision of any required assistance, monitoring, or
478 investigation at a private school.
479 Section 8. For the purpose of incorporating the amendment
480 made by this act to section 1008.22, Florida Statutes, in
481 references thereto, paragraph (b) of subsection (6), paragraph
482 (b) of subsection (7), and paragraph (f) of subsection (9) of
483 section 1002.40, Florida Statutes, are reenacted to read:
484 1002.40 The Hope Scholarship Program.—
485 (6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
486 (b) For each student participating in the program in an
487 eligible private school who chooses to participate in the
488 statewide assessments under s. 1008.22 or the Florida Alternate
489 Assessment, the school district in which the student resides
490 must notify the student and his or her parent about the
491 locations and times to take all statewide assessments.
492 (7) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
493 private school may be sectarian or nonsectarian and shall:
494 (b)1. Annually administer or make provision for students
495 participating in the program in grades 3 through 10 to take one
496 of the nationally norm-referenced tests identified by the
497 department or the statewide assessments pursuant to s. 1008.22.
498 Students with disabilities for whom standardized testing is not
499 appropriate are exempt from this requirement. A participating
500 private school shall report a student’s scores to his or her
501 parent.
502 2. Administer the statewide assessments pursuant to s.
503 1008.22 if a private school chooses to offer the statewide
504 assessments. A participating private school may choose to offer
505 and administer the statewide assessments to all students who
506 attend the private school in grades 3 through 10 and must submit
507 a request in writing to the department by March 1 of each year
508 in order to administer the statewide assessments in the
509 subsequent school year.
510
511 If a private school fails to meet the requirements of this
512 subsection or s. 1002.421, the commissioner may determine that
513 the private school is ineligible to participate in the program.
514 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
515 PARTICIPATION.—A parent who applies for a Hope scholarship is
516 exercising his or her parental option to place his or her
517 student in an eligible private school.
518 (f) The parent must ensure that the student participating
519 in the program takes the norm-referenced assessment offered by
520 the private school. The parent may also choose to have the
521 student participate in the statewide assessments pursuant to s.
522 1008.22. If the parent requests that the student take the
523 statewide assessments pursuant to s. 1008.22 and the private
524 school has not chosen to offer and administer the statewide
525 assessments, the parent is responsible for transporting the
526 student to the assessment site designated by the school
527 district.
528 Section 9. This act shall take effect July 1, 2021.
