Senate Bill 1424 (2021) — Students with limited English proficiency
SB 1424
Florida Bills
Florida Senate - 2021 SB 1424 By Senator Jones 35-01826-21 20211424__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to students with limited English 2 proficiency; amending s. 1008.22, F.S.; requiring 3 district school boards to provide certain instruction 4 to students who have limited English proficiency; 5 requiring that certain standardized assessments be 6 waived for such students in specified circumstances; 7 providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11
Section 1. Paragraph (
c) of subsection (3) of
section 12 1008.22, Florida Statutes, is amended to read: 13 1008.22 Student assessment program for public schools.— 14
(3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The 15 Commissioner of Education shall design and implement a 16 statewide, standardized assessment program aligned to the core 17 curricular content established in the Next Generation Sunshine 18 State Standards.
The commissioner also must develop or select 19 and implement a common battery of assessment tools that will be 20 used in all juvenile justice education programs in the state. 21 These tools must accurately measure the core curricular content 22 established in the Next Generation Sunshine State Standards. 23 Participation in the assessment program is mandatory for all 24 school districts and all students attending public schools, 25 including adult students seeking a standard high school diploma 26 under s. 1003.4282 and students in Department of Juvenile 27 Justice education programs, except as otherwise provided by law. 28 If a student does not participate in the assessment program, the 29 Florida Senate - 2021 SB 1424 35-01826-21 20211424__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. school district must notify the student’s parent and provide the 30 parent with information regarding the implications of such 31 nonparticipation.
The statewide, standardized assessment program 32 shall be designed and implemented as follows: 33 (
c) Students with disabilities and students who have 34 limited English proficiency; Florida Alternate Assessment.— 35 1. Each district school board must provide instruction to 36 prepare students with disabilities and students who have limited 37 English proficiency in the core content knowledge and skills 38 necessary for successful grade-to-grade progression and high 39 school graduation. 40 2.
A student with a disability, as defined in s. 1007.02, 41 or a student who has limited English proficiency, as defined in 42 s. 1003.56(2)(a), for whom the individual education plan (IEP) 43 team or an ELL Committee as defined by rule of the Department of 44 Education, determines that the statewide, standardized 45 assessments under this
section cannot accurately measure the 46 student’s abilities, taking into consideration all allowable 47 accommodations, shall have assessment results waived for the 48 purpose of receiving a course grade and a standard high school 49 diploma. Such waiver shall be designated on the student’s 50 transcript. The statement of waiver shall be limited to a 51 statement that performance on an assessment was waived for the 52 purpose of receiving a course grade or a standard high school 53 diploma, as applicable. 54 3.
The State Board of Education shall adopt rules, based 55 upon recommendations of the commissioner, for the provision of 56 assessment accommodations for students with disabilities and for 57 students who have limited English proficiency. 58 Florida Senate - 2021 SB 1424 35-01826-21 20211424__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. a. Accommodations that negate the validity of a statewide, 59 standardized assessment are not allowed during the 60 administration of the assessment.
However, instructional 61 accommodations are allowed in the classroom if identified in a 62 student’s IEP. Students using instructional accommodations in 63 the classroom that are not allowed on a statewide, standardized 64 assessment may have assessment results waived if the IEP team 65 determines that the assessment cannot accurately measure the 66 student’s abilities. 67 b.
If a student is provided with instructional 68 accommodations in the classroom that are not allowed as 69 accommodations for statewide, standardized assessments, the 70 district must inform the parent in writing and provide the 71 parent with information regarding the impact on the student’s 72 ability to meet expected performance levels.
A parent must 73 provide signed consent for a student to receive classroom 74 instructional accommodations that would not be available or 75 permitted on a statewide, standardized assessment and 76 acknowledge in writing that he or she understands the 77 implications of such instructional accommodations. 78 c. If a student’s IEP states that online administration of 79 a statewide, standardized assessment will significantly impair 80 the student’s ability to perform, the assessment shall be 81 administered in hard copy. 82 4.
For students with significant cognitive disabilities, 83 the Department of Education shall provide for implementation of 84 the Florida Alternate Assessment to accurately measure the core 85 curricular content established in the Next Generation Sunshine 86 State Standards. 87 Florida Senate - 2021 SB 1424 35-01826-21 20211424__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions.