Florida 2022 Regular Session

Florida House Bill H0415 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to native language assessments in 2
16	16	public schools; amending s. 1003.435, F.S.; requiring 3
17	17	that a high school equivalency examination 4
18	18	administered in any language other than English be 5
19	19	given the same weight as a high school equivalency 6
20	20	examination administered in English; amending s. 7
21	21	1008.2125, F.S.; requiring written portions of the 8
22	22	coordinated screening and progress monitoring program 9
23	23	for students in the Voluntary Prekindergarten 10
24	24	Education Program through grade 3 to be in specified 11
25	25	native languages; requiring school districts to 12
26	26	administer the screenings and monitoring in a native 13
27	27	language to certain students; providing for the 14
28	28	determination of when it is appropriate to administer 15
29	29	native language versions of the screenings and 16
30	30	monitoring; amending s. 1008.22, F.S.; revising 17
31	31	requirements of the statewide, standardized assessment 18
32	32	program to include native language versions of related 19
33	33	assessments; requiring school districts to administer 20
34	34	native language versions of such assessments to 21
35	35	certain English language learners and other students 22
36	36	for whom it is appropriate; providing for the 23
37	37	determination of when it is appropriate to administer 24
38	38	native language versions of such assessments; 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	requiring the department to create a timetable and 26
52	52	action plan for the development and adoption of native 27
53	53	language versions of the assessments; requiring the 28
54	54	state to accept results on the high school equivalency 29
55	55	examination from any language version of the 30
56	56	examination; providing for the administration of 31
57	57	standardized assessments; requiring the department to 32
58	58	develop or identify content assessments in target 33
59	59	languages; providing for the administration of content 34
60	60	assessments in target languages in certain education 35
61	61	programs; requiring the department to create a 36
62	62	timetable and an action plan for the development and 37
63	63	adoption of native language examinations; requiring 38
64	64	the Commissioner of Education to identify alternative 39
65	65	assessments and passing scores for a specified 40
66	66	purpose; requiring the State Board of Education to 41
67	67	approve by rule passing scores on alternative 42
68	68	assessments; providing an effective date. 43
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70	70	WHEREAS, the federal Every Student Succeeds Act (ESSA) 45
71	71	includes the purpose of assisting all English learners, 46
72	72	including immigrant children and youth, in achieving at high 47
73	73	levels in academic subjects so that all English learners can 48
74	74	meet the same challenging state academic standards that all 49
75	75	students are expected to meet, and 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	WHEREAS, the ESSA requires states to make every effort to 51
89	89	develop annual academic assessments in langua ges other than 52
90	90	English which are present to a significant extent in the 53
91	91	participating student population, and 54
92	92	WHEREAS, Florida's diversity of English language learners 55
93	93	surpasses most states in the country, and 56
94	94	WHEREAS, Florida is ranked third in English language 57
95	95	learner population and, although Spanish is the native language 58
96	96	of the majority of these students, English language learners in 59
97	97	the state speak more than 200 different languages, and 60
98	98	WHEREAS, all students within the state should be given an 61
99	99	equitable opportunity to study and learn subjects required for 62
100	100	grade-to-grade progression and high school graduation, and 63
101	101	WHEREAS, the current system of testing students for 64
102	102	accountability purposes in a language the students not 65
103	103	understand does not provide acc urate information about how well 66
104	104	English language learners are learning content area subjects, 67
105	105	NOW, THEREFORE, 68
106	106	69
107	107	Be It Enacted by the Legislature of the State of Florida: 70
108	108	71
109	109	Section 1. Subsection (5) of section 1003.435, Florida 72
110	110	Statutes, is amended to read: 73
111	111	1003.435 High school equivalency diploma program. — 74
112	112	(5) Each district school board shall develop, in 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	cooperation with the area Florida College System institution 76
126	126	board of trustees, a plan for the provision of advanced 77
127	127	instruction for those student s who attain satisfactory 78
128	128	performance on the high school equivalency examination or the 79
129	129	subject area examinations or who demonstrate through other means 80
130	130	a readiness to engage in postsecondary -level academic work. The 81
131	131	plan shall include provisions for the e quitable distribution of 82
132	132	generated funds to cover personnel, maintenance, and other costs 83
133	133	of offering the advanced instruction. Priority shall be given to 84
134	134	programs of advanced instruction offered in high school 85
135	135	facilities. A high school equivalency examina tion administered 86
136	136	in a language other than English must be given the same weight 87
137	137	as a high school equivalency examination administered in 88
138	138	English. 89
139	139	Section 2. Paragraph (h) is added to subsection (1) of 90
140	140	section 1008.2125, Florida Statutes, to read: 91
141	141	1008.2125 Coordinated screening and progress monitoring 92
142	142	program for students in the Voluntary Prekindergarten Education 93
143	143	Program through grade 3. — 94
144	144	(1) The primary purpose of the coordinated screening and 95
145	145	progress monitoring program for students in the Volun tary 96
146	146	Prekindergarten Education Program through grade 3 is to provide 97
147	147	information on students' progress in mastering the appropriate 98
148	148	grade-level standards and to provide information on their 99
149	149	progress to parents, teachers, and school and program 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	administrators. Data shall be used by Voluntary Prekindergarten 101
163	163	Education Program providers and school districts to improve 102
164	164	instruction, by parents and teachers to guide learning 103
165	165	objectives and provide timely and appropriate supports and 104
166	166	interventions to students not meeting grade-level expectations, 105
167	167	and by the public to assess the cost benefit of the expenditure 106
168	168	of taxpayer dollars. The coordinated screening and progress 107
169	169	monitoring program must: 108
170	170	(h) For any written portion of the screenings and progress 109
171	171	monitoring, include native language versions for the three most 110
172	172	prevalent languages represented in the English language learner 111
173	173	population within the state. For students who are English 112
174	174	language learners enrolled in a dual language program and for 113
175	175	whom it is appropria te, each school district shall administer, 114
176	176	as appropriate, the native language screening or progress 115
177	177	monitoring. A parent of a prekindergarten dual language learner 116
178	178	or a kindergarten dual language learner must be given the 117
179	179	opportunity to determine whether the administration of a native 118
180	180	language screening or progress monitoring is appropriate for his 119
181	181	or her student. If a parent does not exercise his or her right, 120
182	182	the decision to determine the appropriateness of the 121
183	183	administration of a native language screeni ng or progress 122
184	184	monitoring may be based on teacher judgment. 123
185	185	Section 3. Subsections (9) through (13) of section 124
186	186	1008.22, Florida Statutes, are renumbered as subsections (10) 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	through (14), respectively, paragraphs (a) and (d) of subsection 126
200	200	(3) are amended and paragraph (h) is added to that subsection, 127
201	201	and a new subsection (9) is added to that section, to read: 128
202	202	1008.22 Student assessment program for public schools. — 129
203	203	(3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM. —The 130
204	204	Commissioner of Education shall des ign and implement a 131
205	205	statewide, standardized assessment program aligned to the core 132
206	206	curricular content established in the Next Generation Sunshine 133
207	207	State Standards. The commissioner also must develop or select 134
208	208	and implement a common battery of assessment too ls that will be 135
209	209	used in all juvenile justice education programs in the state. 136
210	210	These tools must accurately measure the core curricular content 137
211	211	established in the Next Generation Sunshine State Standards. 138
212	212	Participation in the assessment program is mandatory for all 139
213	213	school districts and all students attending public schools, 140
214	214	including adult students seeking a standard high school diploma 141
215	215	under s. 1003.4282 and students in Department of Juvenile 142
216	216	Justice education programs, except as otherwise provided by law. 143
217	217	If a student does not participate in the assessment program, the 144
218	218	school district must notify the student's parent and provide the 145
219	219	parent with information regarding the implications of such 146
220	220	nonparticipation. The statewide, standardized assessment program 147
221	221	shall be designed and implemented as follows: 148
222	222	(a) Statewide, standardized comprehensive assessments. —The 149
223	223	statewide, standardized English Language Arts (ELA) assessments 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	shall be administered to students in grades 3 through 10. Retake 151
237	237	opportunities for the g rade 10 ELA assessment must be provided. 152
238	238	Reading passages and writing prompts for ELA assessments shall 153
239	239	incorporate grade-level core curricula content from social 154
240	240	studies. The statewide, standardized Mathematics assessments 155
241	241	shall be administered annually i n grades 3 through 8. The 156
242	242	statewide, standardized Science assessment shall be administered 157
243	243	annually at least once at the elementary and middle grades 158
244	244	levels. In order to earn a standard high school diploma, a 159
245	245	student who has not earned a passing score on t he grade 10 ELA 160
246	246	assessment must earn a passing score on the assessment retake or 161
247	247	earn a concordant score as authorized under subsection (10) (9). 162
248	248	Statewide, standardized ELA and Mathematics assessments in 163
249	249	grades 3 through 6 must be delivered in a paper -based format. 164
250	250	(d) Students with disabilities; Florida Alternate 165
251	251	Assessment; English language learners enrolled in dual language 166
252	252	programs.— 167
253	253	1. Each district school board must provide instruction to 168
254	254	prepare students with disabilities in the core content kno wledge 169
255	255	and skills necessary for successful grade -to-grade progression 170
256	256	and high school graduation. 171
257	257	2. A student with a disability, as defined in s. 1007.02, 172
258	258	for whom the individual education plan (IEP) team determines 173
259	259	that the statewide, standardized asse ssments under this section 174
260	260	cannot accurately measure the student's abilities, taking into 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	consideration all allowable accommodations, shall have 176
274	274	assessment results waived for the purpose of receiving a course 177
275	275	grade and a standard high school diploma. Such waiver shall be 178
276	276	designated on the student's transcript. The statement of waiver 179
277	277	shall be limited to a statement that performance on an 180
278	278	assessment was waived for the purpose of receiving a course 181
279	279	grade or a standard high school diploma, as applicable. 182
280	280	3. The State Board of Education shall adopt rules, based 183
281	281	upon recommendations of the commissioner, for the provision of 184
282	282	assessment accommodations for students with disabilities and for 185
283	283	students who have limited English proficiency. 186
284	284	a. Accommodations that ne gate the validity of a statewide, 187
285	285	standardized assessment are not allowed during the 188
286	286	administration of the assessment. However, instructional 189
287	287	accommodations are allowed in the classroom if identified in a 190
288	288	student's IEP. Students using instructional accommo dations in 191
289	289	the classroom that are not allowed on a statewide, standardized 192
290	290	assessment may have assessment results waived if the IEP team 193
291	291	determines that the assessment cannot accurately measure the 194
292	292	student's abilities. 195
293	293	b. If a student is provided with in structional 196
294	294	accommodations in the classroom that are not allowed as 197
295	295	accommodations for statewide, standardized assessments, the 198
296	296	district must inform the parent in writing and provide the 199
297	297	parent with information regarding the impact on the student's 200
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	ability to meet expected performance levels. A parent must 201
311	311	provide signed consent for a student to receive classroom 202
312	312	instructional accommodations that would not be available or 203
313	313	permitted on a statewide, standardized assessment and 204
314	314	acknowledge in writing that he o r she understands the 205
315	315	implications of such instructional accommodations. 206
316	316	c. If a student's IEP states that online administration of 207
317	317	a statewide, standardized assessment will significantly impair 208
318	318	the student's ability to perform, the assessment shall be 209
319	319	administered in hard copy. 210
320	320	d.(I) Each school district shall administer, as 211
321	321	appropriate, native language versions of statewide, standardized 212
322	322	comprehensive assessments and end -of-course (EOC) assessments to 213
323	323	English language learners enrolled in dual languag e programs in 214
324	324	elementary or middle school and for whom it is appropriate. 215
325	325	(A) A parent of an English language learner enrolled in a 216
326	326	dual language program in prekindergarten through grade 5 and a 217
327	327	parent of a student with disabilities of any grade level ma y 218
328	328	determine whether the administration of a native language 219
329	329	version of a standardized comprehensive assessment and EOC 220
330	330	assessment is appropriate. 221
331	331	(B) An English language learner enrolled in a dual 222
332	332	language program in grades 6 through 8 may determine whet her the 223
333	333	administration of a native language version of a standardized 224
334	334	comprehensive assessment and EOC assessment is appropriate. The 225
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347	347	parent of an English language learner enrolled in a dual 226
348	348	language program in grades 6 through 8 is entitled to prohibit 227
349	349	his or her student from being administered the native language 228
350	350	versions of the assessments. 229
351	351	(II) The Department of Education shall develop a timetable 230
352	352	and action plan to phase in the development and adoption of the 231
353	353	native language assessments, beginning wi th assessments for the 232
354	354	three most prevalent languages represented in the English 233
355	355	language learner population within the state and with 234
356	356	assessments required for high school graduation. The state shall 235
357	357	accept results on the high school equivalency examinatio n from 236
358	358	any language version of the examination. 237
359	359	4. For students with significant cognitive disabilities, 238
360	360	the Department of Education shall provide for implementation of 239
361	361	the Florida Alternate Assessment to accurately measure the core 240
362	362	curricular content es tablished in the Next Generation Sunshine 241
363	363	State Standards. 242
364	364	(h) Content assessments in the target language of 243
365	365	instruction.— 244
366	366	1. Standardized assessments in the target language 245
367	367	identified or developed by the department must be administered 246
368	368	annually for the target language to English language learners in 247
369	369	dual language programs and bilingual education programs. 248
370	370	2. The department shall develop a timetable and action 249
371	371	plan to phase in the identification or development and adoption 250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	of native language examinat ions of achievement in the content 251
385	385	areas taught through the target language, beginning with 252
386	386	examinations in the most frequently taught content area in 253
387	387	bilingual or dual language programs in public schools. 254
388	388	(9) ENGLISH LANGUAGE LEARNERS; ALTERNATIVE ASSES SMENTS.—255
389	389	The Commissioner of Education shall identify alternative 256
390	390	assessments and the respective passing scores to be offered in 257
391	391	languages other than English and that are appropriate for 258
392	392	demonstrating the college readiness of English language 259
393	393	learners. The passing scores on alternative assessments 260
394	394	identified pursuant to this subsection must be approved by state 261
395	395	board rule. 262
396	396	Section 4. This act shall take effect July 1, 2022. 263