Florida 2023 Regular Session

Florida House Bill H1089 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 multilingual versions of statewide 2
16	16	standardized assessments; amending s. 1008.22, F.S.; 3
17	17	requiring the Department of Education to develop and 4
18	18	school districts to administer multilingual versions 5
19	19	of certain statewide, standardized assessme nts in 6
20	20	English and specified home languages to certain 7
21	21	students who are or were English language learners; 8
22	22	defining the term "multilingual version of an 9
23	23	assessment"; authorizing parents of eligible students 10
24	24	to request a monolingual version such assessments for 11
25	25	his or her student; requiring the department to 12
26	26	develop a timetable and action plan to phase in the 13
27	27	administration of such assessments, including 14
28	28	administering such assessments in additional 15
29	29	languages; amending s. 1008.25, F.S.; requiring the 16
30	30	Department of Education to develop and school 17
31	31	districts to administer multilingual versions of the 18
32	32	grade 10 English Language Arts coordinated screening 19
33	33	and progress monitoring system in English and 20
34	34	specified home languages to certain students who are 21
35	35	or were English language learners; defining the term 22
36	36	"multilingual version of an assessment"; authorizing 23
37	37	parents of eligible students to request a monolingual 24
38	38	version of such assessments for his or her student; 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	providing an effective date. 26
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53	53	WHEREAS, tapping the f ull linguistic repertoire of English 28
54	54	Language Learners during statewide assessments will provide more 29
55	55	accurate information on such students' content area achievement, 30
56	56	and 31
57	57	WHEREAS, multilingual assessments increase fair play by 32
58	58	reducing the influence of la nguage barriers on high school 33
59	59	graduation rates for the English language learners, and 34
60	60	WHEREAS, providing multilingual assessments to students 35
61	61	whose home language is Spanish or Haitian Creole would be an 36
62	62	effective response to requests from parents, teache rs, and 37
63	63	students to create avenues for such assessments to better gauge 38
64	64	the learning gains of English language learners, NOW, THEREFORE, 39
65	65	Be It Enacted by the Legislature of the State of Florida: 40
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67	67	Section 1. Paragraph (d) of subsection (3) of section 42
68	68	1008.22, Florida Statutes, is amended to read: 43
69	69	1008.22 Student assessment program for public schools. — 44
70	70	(3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM. —The 45
71	71	Commissioner of Education shall design and implement a 46
72	72	statewide, standardized assessment progra m aligned to the core 47
73	73	curricular content established in the state academic standards. 48
74	74	The commissioner also must develop or select and implement a 49
75	75	common battery of assessment tools that will be used in all 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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86	86
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88	88	juvenile justice education programs in the state. These tools 51
89	89	must accurately measure the core curricular content established 52
90	90	in the state academic standards. Participation in the assessment 53
91	91	program is mandatory for all school districts and all students 54
92	92	attending public schools, including adult students seeking a 55
93	93	standard high school diploma under s. 1003.4282 and students in 56
94	94	Department of Juvenile Justice education programs, except as 57
95	95	otherwise provided by law. If a student does not participate in 58
96	96	the assessment program, the school district must notify t he 59
97	97	student's parent and provide the parent with information 60
98	98	regarding the implications of such nonparticipation. The 61
99	99	statewide, standardized assessment program shall be designed and 62
100	100	implemented as follows: 63
101	101	(d) Students with disabilities; Florida Alternat e 64
102	102	Assessment; English language learners .— 65
103	103	1. Each district school board must provide instruction to 66
104	104	prepare students with disabilities in the core content knowledge 67
105	105	and skills necessary for successful grade -to-grade progression 68
106	106	and high school graduation . 69
107	107	2. A student with a disability, as defined in s. 1007.02, 70
108	108	for whom the individual education plan (IEP) team determines 71
109	109	that the statewide, standardized assessments under this section 72
110	110	cannot accurately measure the student's abilities, taking into 73
111	111	consideration all allowable accommodations, shall have 74
112	112	assessment results waived for the purpose of receiving a course 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	grade and a standard high school diploma. Such waiver shall be 76
126	126	designated on the student's transcript. The statement of waiver 77
127	127	shall be limited to a statement that performance on an 78
128	128	assessment was waived for the purpose of receiving a course 79
129	129	grade or a standard high school diploma, as applicable. 80
130	130	3. The State Board of Education shall adopt rules, based 81
131	131	upon recommendations of the commissioner, for the provision of 82
132	132	assessment accommodations for students with disabilities and for 83
133	133	students who have limited English proficiency. 84
134	134	a. Accommodations that negate the validity of a statewide, 85
135	135	standardized assessment are not allowed during the 86
136	136	administration of the assessment. However, instructional 87
137	137	accommodations are allowed in the classroom if identified in a 88
138	138	student's IEP. Students using instructional accommodations in 89
139	139	the classroom that are not allowed on a statewide, standardized 90
140	140	assessment may have a ssessment results waived if the IEP team 91
141	141	determines that the assessment cannot accurately measure the 92
142	142	student's abilities. 93
143	143	b. If a student is provided with instructional 94
144	144	accommodations in the classroom that are not allowed as 95
145	145	accommodations for statewide , standardized assessments, the 96
146	146	district must inform the parent in writing and provide the 97
147	147	parent with information regarding the impact on the student's 98
148	148	ability to meet expected performance levels. A parent must 99
149	149	provide signed consent for a student to rece ive classroom 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	instructional accommodations that would not be available or 101
163	163	permitted on a statewide, standardized assessment and 102
164	164	acknowledge in writing that he or she understands the 103
165	165	implications of such instructional accommodations. 104
166	166	c. If a student's IEP states that online administration of 105
167	167	a statewide, standardized assessment will significantly impair 106
168	168	the student's ability to perform, the assessment shall be 107
169	169	administered in hard copy. 108
170	170	d.(I) No later than the 2025 -2026 school year, the 109
171	171	Department of Education shall have developed multilingual 110
172	172	versions of the grade 10 ELA assessment and the Algebra I EOC 111
173	173	assessment to include Spanish and Haitian Creole test items that 112
174	174	are equivalent to each English language test items. For purposes 113
175	175	of this section, a " multilingual version of an assessment" means 114
176	176	an assessment with test items in both English and Spanish or 115
177	177	Haitian Creole, as appropriate for the student. Each school 116
178	178	district shall administer a multilingual version of the Grade 10 117
179	179	ELA assessment or the Alg ebra I EOC to students whose home 118
180	180	language is Spanish or Haitian Creole and who are receiving 119
181	181	services in a program operated pursuant to s. 1003.56 or who 120
182	182	have recently exited such program and are still within the post -121
183	183	exit monitoring period. A parent of a n English language learner 122
184	184	may request his or her student receive a monolingual, English 123
185	185	version of the assessment. 124
186	186	(II) The Department of Education shall develop a timetable 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	and action plan to phase in the development and adoption of the 126
200	200	multilingual assessments required under this sub -subparagraph in 127
201	201	addition to such assessments in additional languages, as 128
202	202	feasible. 129
203	203	4. For students with significant cognitive disabilities, 130
204	204	the Department of Education shall provide for implementation of 131
205	205	the Florida Alternate Assessment to accurately measure the core 132
206	206	curricular content established in the state academic standards. 133
207	207	Section 2. Paragraph (b) of subsection (8) of section 134
208	208	1008.25, Florida Statutes, is amended to read: 135
209	209	1008.25 Public school student progres sion; student 136
210	210	support; coordinated screening and progress monitoring; 137
211	211	reporting requirements. — 138
212	212	(8) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM. — 139
213	213	(b) Beginning with the 2022 -2023 school year, private 140
214	214	Voluntary Prekindergarten Education Program providers and public 141
215	215	schools must participate in the coordinated screening and 142
216	216	progress monitoring system pursuant to this paragraph. 143
217	217	1. For students in the Voluntary Prekindergarten Education 144
218	218	Program through grade 2, the coordinated screening and progre ss 145
219	219	monitoring system must be administered at least three times 146
220	220	within a program year or school year, as applicable, with the 147
221	221	first administration occurring no later than the first 30 148
222	222	instructional days after a student's enrollment or the start of 149
223	223	the program year or school year, the second administration 150
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236	236	occurring midyear, and the third administration occurring within 151
237	237	the last 30 days of the program or school year pursuant to state 152
238	238	board rule. The state board may adopt alternate timeframes to 153
239	239	address nontraditional school year calendars or summer programs 154
240	240	to ensure the coordinated screening and progress monitoring 155
241	241	program is administered a minimum of three times within a year 156
242	242	or program. 157
243	243	2. For grades 3 through 10 English Language Arts (ELA) and 158
244	244	grades 3 through 8 Mathematics, the coordinated screening and 159
245	245	progress monitoring system must be administered at the 160
246	246	beginning, middle, and end of the school year pursuant to state 161
247	247	board rule. The end-of-year administration of the coordinated 162
248	248	screening and progress monitoring system must be a comprehensive 163
249	249	progress monitoring assessment administered in accordance with 164
250	250	the scheduling requirements under s. 1008.22(7)(c). No later 165
251	251	than the 2025-2026 school year, the Department of Education 166
252	252	shall have developed multiling ual versions of the Grade 10 ELA 167
253	253	coordinated screening and progress monitoring system to include 168
254	254	Spanish and Haitian Creole test items that are equivalent to 169
255	255	each English language test item. For purposes of this section, a 170
256	256	"multilingual version of an asses sment" means an assessment with 171
257	257	test items in both English and Spanish or Haitian Creole, as 172
258	258	appropriate for the student. Each school district shall, for the 173
259	259	beginning, middle, and end of the school year administrations of 174
260	260	the grade 10 ELA coordinated scre ening and progress monitoring 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	system, administer a multilingual version of the assessment to 176
274	274	students whose home language is Spanish or Haitian Creole and 177
275	275	who are receiving services in a program operated pursuant to s. 178
276	276	1003.56 or who have recently exited s uch program and are still 179
277	277	within the post-exit monitoring period. A parent of an English 180
278	278	language learner may request his or her student receive a 181
279	279	monolingual, English version of the assessment. 182
280	280	Section 3. This act shall take effect July 1, 2023. 183