Summaries of Florida's Statutes and Rules
Teaching Resources for Florida ESE

Summaries of Florida's Statutes and Rules

Summary:

This page briefly describes the Florida statutes and rules that address accommodations and modifications.

Florida Statutes

Florida Administrative Code

General requirements for high school graduation: FCAT Waiver, Section 1003.43 (11) (b), Florida Statutes

Students with disabilities may be eligible for an FCAT waiver if they are working toward a 4-year, 24-credit standard diploma. The student must have attempted the grade 10 FCAT at least twice, once in the tenth grade and once in the eleventh grade, and must meet all other graduation requirements. Students must also participate in remediation activities for improvement of skills tested on the FCAT. The IEP team must decide whether or not the FCAT accurately measures the student’s ability and whether the student has mastered the Sunshine State Standards assessed on the FCAT. The IEP team may determine that the required passing score of one or both parts of the FCAT (reading or mathematics should be waived).

List of Statutes and Rules

Test Accommodations, Section 1008.22(3)(c)6, Florida Statutes
Participation in the statewide testing program is mandatory for all students attending public school. This includes students with disabilities, students with limited English proficiency and students served in Department of Juvenile Justice programs. If a student does not participate in the statewide assessment, the district must notify the student's parent and provide the parent with information regarding the implications of such nonparticipation.

If modifications are made in the student's instruction to provide accommodations that would not be permitted on the statewide assessment tests, the district must notify the student's parent of the implications of such instructional modifications. A parent must provide signed consent for a student to receive instructional modifications that would not be permitted on the statewide assessments and must acknowledge in writing that he or she understands the implications of such accommodations.

The State Board of Education shall adopt rules for the provision of test accommodations and modifications of procedures as necessary for students in exceptional education programs and for students who have limited English proficiency. Accommodations that negate the validity of a statewide assessment are not allowable

List of Statutes and Rules

Course Modifications for Exceptional Students, Rule 6A-6.0312, FAC
Basic education courses and career education (vocational) courses may be changed to assist students with disabilities in meeting the requirements for a standard or special diploma. The following accommodations may be provided:

  • Increase or decrease in instructional time
  • Use of different instructional methods and materials
  • Use of a special communication system by the teacher or student
  • Accommodations for assessments

Requirements for basic education courses may not be changed if the course is to be used to meet credit requirements for a standard diploma. If the course requirements or student performance standards are changed, the course may be used for a special diploma. Exceptional students may take basic education courses in a regular education class or in an exceptional student education class with the same student performance standards required of students without disabilities.

Career education (vocational) courses and programs may be changed in accordance with the student's individual educational plan . Changes to the outcomes and performance standards for career education courses are called Modified Occupational Completion Points (MOCPs) .

List of Statutes and Rules

Statewide Assessment for Students with Disabilities, Rule 6A-1.0943, FAC
This rule identifies accommodations that are allowed on the statewide assessment tests for exceptional students. Accommodations are defined as adjustments to the presentation of the assessment questions, method of recording examinee responses to the questions, schedule for administration of the assessment, or use of assistive devices to facilitate administration of the assessment.

The presentation format of the test may be revised:

  • Students may be tested with materials which are in large print or are enlarged through mechanical or electronic means.
  • Student may be tested with materials in Braille. Test items which have no application for the nonsighted person will be deleted.
  • Signed or oral presentation-The test administrator may sign, provide oral interpretation or read to the student all mathematics items, all writing prompts, all science items, and all directions. The reading items shall be read by the student using visual or tactile means.
  • Students may use means to maintain or enhance visual attention to items, such as a pointer, colored overlay, or mask.

The test instruments and procedures may be adapted in the following ways:

  • Flexible scheduling– The test may be administered in several brief sessions. Additional time may be provided.
  • Flexible setting– The test may be administered individually or in a small group setting by a proctor. Students may use adaptive furniture and special lighting or acoustics.
  • Responding– Students may mark answers in a test booklet, type answers on a typewriter or word processor, or indicate answers to a proctor.

Assistive devices may be used:

  • Calculators may be used only as authorized in the test administrator's manual for grades 7-10.
  • Visual magnification and auditory amplification devices may be used. An abacus may be used by students with visual impairments.
  • Technology such as word processors may be used without accessing spelling and grammar checking applications for writing assessments and without using speech output programs for reading items assessed.
  • Other assistive technology typically used by a student in classroom instruction may be used provided the purpose of the testing is not violated.

Unique accommodations may be used if approved in advance by the Commissioner of Education. Examples of unique accommodations that may be approved include the following:

  • increased space between test items
  • fewer items on a page
  • tabbed or modified pages for easy turning

List of Statutes and Rules

Procedures for Special Exemption from Graduation Test Requirements for Students with Disabilities Seeking a Standard High School Diploma Rule 6A-1.09431, FAC
In special cases, a student who is eligible under the Individuals with Disabilities Education Act (IDEA) may ask the district superintendent to request a special exemption from the FCAT requirement. This request may be approved if the student’s FCAT scores reflect the student’s disability in sensory, manual, or speaking skills rather than the student’s academic achievement. The decision about the special exemption is made by the Commissioner of Education after reviewing documentation sent by the student’s school district superintendent showing that the student has mastered the Sunshine State Standards tested on the FCAT. The student must meet all other criteria for graduation with a standard diploma as outlined in Section 1003.43, Florida Statutes.

List of Statutes and Rules

Legal Basis | NCLB | IDEA | ADA | Section 504 | Florida Statutes | Eligibility