2003 Disabilities Legislative Update

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-----Original Message-----From: Randee

-----Original Message-----From: AUSLEY.LORANNE

It’s hard to imagine that we are already preparing for the 2004 regular Legislative Session, even as we start yet another Special Session. I wanted to take this opportunity to share with you some of what occurred during this past “legislative” year and what to expect for the next. As many of you are aware, during this past Session, I sponsored legislation that would have implemented many of the recommendations of the Blue Ribbon Task Force on Accommodations and Access for Students with Disabilities. While that bill did not pass, we did pass legislation that moves us in the right direction for our students with disabilities.

FCAT WAIVER

We did pass legislation providing for a waiver of the 10th grade FCAT requirement under certain circumstances. Under this bill, students with a documented disability who can complete minimum credits and requirements and who cannot pass the test after 2 tries can automatically get a waiver of the FCAT and a standard diploma as long as the IEP committee determines that the FCAT cannot accurately measure the student's abilities. The bill also defines the term “student with a disability” for the purposes of this bill as "any student who is documented as having mental retardation; a hearing impairment, including deafness; a speech or language impairment; a visual impairment, including blindness; a serious emotional distrurbance, including an emotional handicap; an orthopedic impairment; autism; a traumatic brain injury; or a specific learning disability, including but not limited to dyslexia, dyscalculia, or developmental aphasia. The bill is HB 1739 if you would like to see the details.

ALTERNATIVE ASSESSMENTS

For the 2002-2003 school year only, ANY student (not limited to students with disabilities) who receives a high enough score on the SAT or ACT can use such tests as an alternative assessment to the FCAT. The equivalent scores for each test are listed below:

Option 1: FCAT Reading 287; FCAT Math 295

Option 2 : SAT Reading 370; SAT Math 350

Option 3: ACT Reading 14; ACT Math 15

The Legislature must take action this next Session in order to continue the ability to use these alternate tests. This language can be found in HB 23B, as well as subsequent Department of Education rules.

As I understand the situation for some of our students with disabilities, this might provide a useful alternative to a waiver given the fact that the SAT and ACT currently allow for accomodations that are not allowable on the FCAT.

COMMUNITY COLLEGE ADMISSION There is additional language in HB 23B that might be applicable to certain students with disabilities. For those students that cannot meet the requirements to receive a standard diploma, students that receive a certificate of completion are allowed to take the College Placement Test and be admitted to remedial or credit courses at a state community college.

I know this is a great deal of information and hope that it is helpful to students and parents who are working through the maze of graduation requirements. These are all very positive steps, but we have a long way to go. I plan to continue the work we started several years ago to provide appropriate testing accommodations, as well as continue to look for permanent alternate assessments. All of our students deserve a level playing field.

Please know that I remain committed to these issues, and will continue to keep you posted as we move forward. As most of you are probably aware, I am a new mom. My son was born extremely prematurely and will almost certainly face visual impairment issues, so I am even more committed as a legislator and a mom to these very important issues for ALL of Florida's children.

Representative Loranne Ausley

Florida House of Representative

District 09

Tallahassee, FL 32399

(fax)

ausley.lorannemyfloridahouse