Title: Native Language Assessments in Public Schools

Summary: Requiring that a high school equivalency examination administered in any language other than English be given the same weight as a high school equivalency examination administered in English; requiring written portions of the coordinated screening and progress monitoring program for students in the Voluntary Prekindergarten Education Program through grade 3 to be in specified native languages; revising requirements of the statewide, standardized assessment program to include native language versions of related assessments, etc.

Full Text:
WHEREAS, the federal Every Student Succeeds Act (ESSA) includes the purpose of assisting all English learners, including immigrant children and youth, in achieving at high levels in academic subjects so that all English learners can meet the same challenging state academic standards that all students are expected to meet, and WHEREAS, the ESSA requires states to make every effort to develop annual academic assessments in languages other than English which are present to a significant extent in the participating student population, and WHEREAS, Florida s diversity of English language learners surpasses most states in the country, and WHEREAS, Florida is ranked third nationally in English language learner population and, although Spanish is the native language of the majority of these students, English language learners in this state speak more than different languages, and WHEREAS, all students within this state should be given an equitable opportunity to study and learn subjects required for grade-to-grade progression and high school graduation, and WHEREAS, the current system of testing students for accountability purposes in a language the students do not understand does not provide accurate information about how well English language learners are learning content area subjects, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (5) of section 1003.435, Florida Statutes, is amended to read: 1003.435 High school equivalency diploma program.  (5) Each district school board shall develop, in cooperation with the area Florida College System institution board of trustees, a plan for the provision of advanced instruction for those students who attain satisfactory performance on the high school equivalency examination or the subject area examinations or who demonstrate through other means a readiness to engage in postsecondary-level academic work. The plan shall include provisions for the equitable distribution of generated funds to cover personnel, maintenance, and other costs of offering the advanced instruction. Priority shall be given to programs of advanced instruction offered in high school facilities. A high school equivalency examination administered in a language other than English must be given the same weight as a high school equivalency examination administered in English. Section 2. Paragraph (h) is added to subsection (1) of section 1008.2125, Florida Statutes, to read: 1008.2125 Coordinated screening and progress monitoring program for students in the Voluntary Prekindergarten Education Program through grade 3.  (1) The primary purpose of the coordinated screening and progress monitoring program for students in the Voluntary Prekindergarten Education Program through grade is to provide information on students  progress in mastering the appropriate grade-level standards and to provide information on their progress to parents, teachers, and school and program administrators. Data shall be used by Voluntary Prekindergarten Education Program providers and school districts to improve instruction, by parents and teachers to guide learning objectives and provide timely and appropriate supports and interventions to students not meeting grade-level expectations, and by the public to assess the cost benefit of the expenditure of taxpayer dollars. The coordinated screening and progress monitoring program must: (h)   For any written portion of the screening and progress monitoring, include native language versions for the three most prevalent languages represented in the English language learner population within this state. For students who are English language learners enrolled in a dual language program and for whom it is appropriate, each school district shall administer, as appropriate, the native language screening or progress monitoring. A parent of a prekindergarten dual language learner or a kindergarten dual language learner must be given the opportunity to determine whether the administration of a native language screening or progress monitoring is appropriate for his or her student. If a parent does not exercise his or her right, the decision to determine the appropriateness of the administration of a native language screening or progress monitoring may be based on teacher judgment. Section 3. Present subsections (9) through (13) of section 1008.22, Florida Statutes, are redesignated as subsections (10) through (14), respectively, paragraph (h) is added to subsection (3), a new subsection (9) is added to that section, and paragraphs (a) and (d) of subsection (3) are amended, to read: 1008.22 Student assessment program for public schools.  (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM. The Commissioner of Education shall design and implement a statewide, standardized assessment program aligned to the core curricular content established in the Next Generation Sunshine State Standards. The commissioner also must develop or select and implement a common battery of assessment tools that will be used in all juvenile justice education programs in this the state. These tools must accurately measure the core curricular content established in the Next Generation Sunshine State Standards. Participation in the assessment program is mandatory for all school districts and all students attending public schools, including adult students seeking a standard high school diploma under s. 1003.4282 and students in Department of Juvenile Justice education programs, except as otherwise provided by law. If a student does not participate in the assessment program, the school district must notify the student s parent and provide the parent with information regarding the implications of such nonparticipation. The statewide, standardized assessment program shall be designed and implemented as follows: (a)  Statewide, standardized comprehensive assessments.  The statewide, standardized English Language Arts (ELA) assessments shall be administered to students in grades through 10. Retake opportunities for the grade ELA assessment must be provided. Reading passages and writing prompts for ELA assessments shall incorporate grade-level core curricula content from social studies. The statewide, standardized Mathematics assessments shall be administered annually in grades through 8. The statewide, standardized Science assessment shall be administered annually at least once at the elementary and middle grades levels. In order to earn a standard high school diploma, a student who has not earned a passing score on the grade ELA assessment must earn a passing score on the assessment retake or earn a concordant score as authorized under subsection (10) (9).Statewide, standardized ELA and Mathematics assessments in grades through must be delivered in a paper-based format. (d)  Students with disabilities; Florida Alternate Assessment;English language learners enrolled in dual language programs.  1. Each district school board must provide instruction to prepare students with disabilities in the core content knowledge and skills necessary for successful grade-to-grade progression and high school graduation. 2. A student with a disability,as defined in s. 1007.02,for whom the individual education plan (IEP) team determines that the statewide, standardized assessments under this section cannot accurately measure the student s abilities, taking into consideration all allowable accommodations, shall have assessment results waived for the purpose of receiving a course grade and a standard high school diploma. Such waiver shall be designated on the student s transcript and.The statement of waiver shall be limited to a statement that performance on an assessment was waived for the purpose of receiving a course grade or a standard high school diploma, as applicable. 3. The State Board of Education shall adopt rules, based upon recommendations of the commissioner, for the provision of assessment accommodations for students with disabilities and for students who have limited English proficiency. a. Accommodations that negate the validity of a statewide, standardized assessment are not allowed during the administration of the assessment. However, instructional accommodations are allowed in the classroom if identified in a student s IEP. Students using instructional accommodations in the classroom that are not allowed on a statewide, standardized assessment may have assessment results waived if the IEP team determines that the assessment cannot accurately measure the student s abilities. b. If a student is provided with instructional accommodations in the classroom that are not allowed as accommodations for statewide, standardized assessments, the district must inform the parent in writing and provide the parent with information regarding the impact on the student s ability to meet expected performance levels. A parent must provide signed consent for a student to receive classroom instructional accommodations that would not be available or permitted on a statewide, standardized assessment and acknowledge in writing that he or she understands the implications of such instructional accommodations. c. If a student s IEP states that online administration of a statewide, standardized assessment will significantly impair the student s ability to perform, the assessment shall be administered in hard copy. d.(I) Each school district shall administer, as appropriate, native language versions of statewide, standardized assessments and EOC assessments to English language learners enrolled in dual language programs in elementary or middle school and for whom it is appropriate. (A) A parent of an English language learner enrolled in a dual language program in prekindergarten through grade and a parent of a student with disabilities of any grade level may determine whether the administration of a native language version of a statewide, standardized assessment and EOC assessment is appropriate. (B) An English language learner enrolled in a dual language program in grades through may determine whether the administration of a native language version of a statewide, standardized assessment and EOC assessment is appropriate. The parent of an English language learner enrolled in a dual language program in grades through is entitled to prohibit his or her student from being administered the native language versions of the assessments. (II) The Department of Education shall develop a timetable and action plan to phase in the development and adoption of the native language assessments, beginning with assessments for the three most prevalent languages represented in the English language learner population within this state and with assessments required for high school graduation. The state shall accept results on the high school equivalency examination from any language version of the examination. 4. For students with significant cognitive disabilities, the Department of Education shall provide for implementation of the Florida Alternate Assessment to accurately measure the core curricular content established in the Next Generation Sunshine State Standards. (h)  Content assessments in the target language of instruction.   1. Statewide, standardized assessments in the target language identified or developed by the department must be administered annually for the target language to English language learners in dual language programs and bilingual education programs. 2. The department shall develop a timetable and action plan to phase in the identification or development and adoption of native language examinations of achievement in the content areas taught through the target language, beginning with examinations in the most frequently taught content area in bilingual or dual language programs in public schools. (9) ENGLISH LANGUAGE LEARNERS; ALTERNATIVE ASSESSMENTS. The Commissioner of Education shall identify alternative assessments and the respective passing scores to be offered in languages other than English which are appropriate for demonstrating the college readiness of English language learners. The passing scores on alternative assessments identified pursuant to this subsection must be approved by state board rule. Section 4. This act shall take effect July 1, 2022.