Florida Senate - 2011 SB 1696
By Senator Wise
5-01049C-11 20111696__
1 A bill to be entitled
2 An act relating to public school accountability;
3 amending s. 1001.20, F.S.; deleting a provision that
4 requires the Florida Virtual School to be
5 administratively housed within the Office of
6 Technology and Information Services within the
7 Department of Education; amending s. 1001.42, F.S.;
8 revising the powers and duties of district school
9 boards to require that students be provided with
10 access to Florida Virtual School courses; amending s.
11 1002.33, F.S.; revising provisions relating to charter
12 schools to authorize a community college to work with
13 the school district or school districts in its
14 designated service area to operate charter schools;
15 authorizing such charter schools to include an option
16 for secondary students to receive an associate degree
17 upon high school graduation; amending s. 1002.37,
18 F.S.; conforming provisions to changes made by the
19 act; amending s. 1002.38, F.S.; revising provisions
20 relating to the Opportunity Scholarship Program to
21 provide that school grades for all schools be based on
22 statewide assessments; amending s. 1002.45, F.S.;
23 revising qualification requirements for virtual
24 instruction program providers; providing that an
25 approved provider retain its approved status for 3
26 school years after approval; amending s. 1002.67,
27 F.S.; requiring that the State Board of Education
28 periodically review and revise the performance
29 standards for the statewide kindergarten screening and
30 align to student performance standards for statewide
31 assessments; requiring that newly admitted voluntary
32 prekindergarten program students complete the
33 statewide voluntary prekindergarten enrollment
34 screening; requiring that the provider pay for
35 screening; amending s. 1002.69, F.S.; requiring that
36 the Department of Education adopt a statewide
37 voluntary prekindergarten enrollment screening;
38 requiring that each Early Learning Coalition
39 administer the enrollment screening; requiring that
40 each parent or guardian enrolling his or her child in
41 a voluntary prekindergarten education program submit
42 the child for enrollment screening if required by the
43 provider; amending s. 1002.73, F.S.; requiring that
44 the Department of Education adopt procedures for the
45 statewide voluntary prekindergarten enrollment
46 screening, fee schedule, and the process for
47 determining learning gains of students who complete
48 the voluntary prekindergarten and kindergarten
49 screenings; amending s. 1003.03, F.S.; providing that
50 if a district school board produces evidence that it
51 was unable to meet class size requirements despite
52 efforts to do so, the reduction of an alternative
53 amount of funds from the district’s class size
54 categorical may be recommended by the State Board of
55 Education for approval by the Legislative Budget
56 Commission; amending s. 1003.4156, F.S.; revising the
57 general requirements for middle grades promotion;
58 providing that a student with a disability may have
59 his or her end-of-course assessment results waived
60 under certain circumstances; providing that a middle
61 grades student is exempt from the reading remediation
62 requirements under certain circumstances; creating s.
63 1003.4203, F.S.; requiring each district school board
64 to develop and implement a digital curriculum for
65 students in grades 5 through 12; specifying certain
66 components of a digital curriculum; requiring student
67 participation unless exempt due to written parental
68 request; requiring curriculum standards and measures
69 to assess student content knowledge and skills and
70 learning gains; authorizing the Department of
71 Education to develop a model to serve as a guide for
72 school districts; providing for funding for a school
73 district’s digital curriculum; providing that a school
74 district that demonstrates high achievement in student
75 competency in web communications and web design is
76 eligible for certain financial incentives; requiring
77 that the department and the Commissioner of Education
78 establish procedures for statewide recognition of
79 school districts and individual students; authorizing
80 partnerships with private businesses and consultants;
81 requiring that school district digital curriculum
82 advisory committees be established; amending s.
83 1003.428, F.S.; revising provisions relating to the
84 general requirements for high school graduation;
85 providing that a high school student may be exempt
86 from intensive reading under certain circumstances;
87 amending s. 1003.492, F.S.; revising provisions
88 relating to industry-certified career education
89 programs; requiring that rules adopted by the State
90 Board of Education establish a process for weighing
91 the value of industry certifications based on the
92 rigor of the certification and its employment value to
93 state businesses and industry; amending s. 1003.493,
94 F.S.; revising provisions relating to career and
95 professional academies to include middle schools;
96 requiring that students who are completing a middle
97 school career and professional academy program have an
98 opportunity to earn an industry certification, high
99 school credit, and participate in career planning, job
100 shadowing, and leadership development opportunities;
101 requiring that middle school career and professional
102 academies align with high school career and
103 professional academies; providing for partnerships
104 with high schools, businesses, industry, employers,
105 economic development organizations, and other local
106 community partners; amending s. 1003.575, F.S.;
107 revising provisions relating to assistive technology
108 devices for young persons with disabilities to require
109 that any school having an individualized education
110 plan team arrange to complete an assistive technology
111 assessment within a specified number of days after
112 receiving a request for such assessment; amending s.
113 1003.621, F.S.; removing an exemption provided for
114 high-performing school districts from compliance with
115 requirements to requisition instructional materials
116 from the publisher’s depository; amending s. 1006.28,
117 F.S.; revising provisions relating to the duties of
118 district school boards to conform provisions to
119 changes made by the act; amending s. 1006.29, F.S.;
120 revising provisions relating to state instructional
121 materials; replacing references to state instructional
122 materials committees with state instructional
123 materials reviewers; requiring that the Commissioner
124 of Education appoint state or national experts to
125 review and evaluate instructional materials; amending
126 s. 1006.30, F.S.; revising provisions relating to the
127 affidavit of state instructional materials reviewers
128 to conform to changes made by the act; amending s.
129 1006.31, F.S.; revising provisions relating to the
130 duties of each state instructional materials reviewer
131 to conform to changes made by the act; amending s.
132 1006.32, F.S.; conforming provisions to changes made
133 by the act; amending s. 1006.33, F.S.; revising
134 provisions relating to bids or proposals of
135 instructional materials to conform provisions to
136 changes made by the act; amending s. 1006.34, F.S.;
137 revising provisions relating to the commissioner’s
138 powers and duties in selecting and adopting
139 instructional materials; providing an exemption from
140 the requirement that a rule having certain regulatory
141 costs be ratified by the Legislature; providing for
142 the Department of Education rather than the Department
143 of Legal Affairs to prepare contracts for
144 instructional materials; requiring that the contracts
145 be executed by the Commissioner of Education rather
146 than by the Governor and Secretary of State; amending
147 s. 1006.35, F.S.; conforming provisions relating to
148 the accuracy of instructional materials to changes
149 made by the act; amending s. 1006.36, F.S.; revising
150 the term of adoption of any instructional materials
151 from a 6-year period to a 5-year period; repealing s.
152 1006.37, F.S., relating to the requisition of
153 instructional materials from a publisher’s depository;
154 amending s. 1006.38, F.S.; revising provisions
155 relating to the duties, responsibilities, and
156 requirements of instructional materials publishers and
157 manufacturers; requiring electronic delivery of copies
158 to the Department of Education in accordance with
159 procedures adopted by the State Board of Education;
160 authorizing publishers to offer digital or electronic
161 versions of instructional materials at reduced rates;
162 amending s. 1006.39, F.S.; revising provisions
163 relating to the production and dissemination of
164 educational materials and products by the Department
165 of Education to conform to changes made by the act;
166 amending s. 1006.40, F.S.; revising provisions
167 relating to the annual allocation for the purchase of
168 digital, electronic, or web-based instructional
169 materials; authorizing a district school board to
170 purchase technology hardware using categorical funds
171 for instructional materials under specified
172 circumstances; amending s. 1006.43, F.S.; revising
173 provisions relating to Department of Education’s
174 expenses and annual legislative budget requests to
175 conform to changes made by the act; amending s.
176 1008.22, F.S.; revising provisions relating to the
177 student assessment program for public schools;
178 requiring that the Commissioner of Education direct
179 school districts to participate in the administration
180 of the National Assessment of Educational Progress or
181 similar national or international assessment program;
182 providing for future expiration of the requirement
183 that school districts participate in international
184 assessment programs; authorizing the school principal
185 to exempt certain students from the end-of-course
186 assessment in civics education; amending s. 1008.33,
187 F.S.; revising provisions relating to public school
188 improvement; requiring that the Department of
189 Education categorize public schools based on the
190 portion of a school’s grade that relies on statewide
191 assessments; revising the categorization of the
192 lowest-performing schools; amending s. 1008.34, F.S.;
193 revising provisions relating to the designation of
194 school grades to conform to changes made by the act;
195 providing for assigning achievement scores and
196 learning gains for students who are hospital or
197 homebound; requiring that a school that does not meet
198 minimal proficiency standards established by the State
199 Board of Education receive a school grade of “F”;
200 amending s. 1011.01, F.S.; revising provisions
201 relating to the annual operating budgets of district
202 school boards and community college boards of
203 trustees; amending s. 1011.03, F.S.; revising
204 provisions relating to tentative and final district
205 school board budgets; requiring that an adopted budget
206 be transmitted to the Department of Education;
207 amending s. 1011.61, F.S.; redefining the term “full
208 time equivalent student” as it relates to students in
209 virtual instruction programs; amending s. 1011.62,
210 F.S.; revising provisions relating to funds for the
211 operation of schools; providing that the value of the
212 full-time equivalent student membership be determined
213 by weights adopted by the State Board of Education;
214 conforming provisions; amending s. 1012.39, F.S.;
215 revising provisions relating to the employment of
216 nondegreed teachers of career education; requiring
217 that qualifications be established for nondegreed
218 teachers of career and technical education courses for
219 state-recognized program clusters; providing effective
220 dates.
221
222 Be It Enacted by the Legislature of the State of Florida:
223
224 Section 1. Paragraph (a) of subsection (4) of section
225 1001.20, Florida Statutes, is amended to read:
226 1001.20 Department under direction of state board.—
227 (4) The Department of Education shall establish the
228 following offices within the Office of the Commissioner of
229 Education which shall coordinate their activities with all other
230 divisions and offices:
231 (a) Office of Technology and Information Services.
232 Responsible for developing a systemwide technology plan, making
233 budget recommendations to the commissioner, providing data
234 collection and management for the system, assisting school
235 districts in securing Internet access and telecommunications
236 services, including those eligible for funding under the Schools
237 and Libraries Program of the federal Universal Service Fund, and
238 coordinating services with other state, local, and private
239 agencies. The office shall develop a method to address the need
240 for a statewide approach to planning and operations of library
241 and information services to achieve a single K-20 education
242 system library information portal and a unified higher education
243 library management system. The Florida Virtual School shall be
244 administratively housed within the office.
245 Section 2. Subsection (23) of section 1001.42, Florida
246 Statutes, is amended to read:
247 1001.42 Powers and duties of district school board.—The
248 district school board, acting as a board, shall exercise all
249 powers and perform all duties listed below:
250 (23) FLORIDA VIRTUAL SCHOOL.—Provide students with access
251 to enroll in courses available through the Florida Virtual
252 School and award credit for successful completion of such
253 courses. Access shall be available to students during and or
254 after the normal school day and through summer school
255 enrollment.
256 Section 3. Paragraph (b) of subsection (5) of section
257 1002.33, Florida Statutes, is amended to read:
258 1002.33 Charter schools.—
259 (5) SPONSOR; DUTIES.—
260 (b) Sponsor duties.—
261 1.a. The sponsor shall monitor and review the charter
262 school in its progress toward the goals established in the
263 charter.
264 b. The sponsor shall monitor the revenues and expenditures
265 of the charter school and perform the duties provided in s.
266 1002.345.
267 c. The sponsor may approve a charter for a charter school
268 before the applicant has identified space, equipment, or
269 personnel, if the applicant indicates approval is necessary for
270 it to raise working funds.
271 d. The sponsor’s policies shall not apply to a charter
272 school unless mutually agreed to by both the sponsor and the
273 charter school.
274 e. The sponsor shall ensure that the charter is innovative
275 and consistent with the state education goals established by s.
276 1000.03(5).
277 f. The sponsor shall ensure that the charter school
278 participates in the state’s education accountability system. If
279 a charter school falls short of performance measures included in
280 the approved charter, the sponsor shall report such shortcomings
281 to the Department of Education.
282 g. The sponsor shall not be liable for civil damages under
283 state law for personal injury, property damage, or death
284 resulting from an act or omission of an officer, employee,
285 agent, or governing body of the charter school.
286 h. The sponsor shall not be liable for civil damages under
287 state law for any employment actions taken by an officer,
288 employee, agent, or governing body of the charter school.
289 i. The sponsor’s duties to monitor the charter school shall
290 not constitute the basis for a private cause of action.
291 j. The sponsor shall not impose additional reporting
292 requirements on a charter school without providing reasonable
293 and specific justification in writing to the charter school.
294 2. Immunity for the sponsor of a charter school under
295 subparagraph 1. applies only with respect to acts or omissions
296 not under the sponsor’s direct authority as described in this
297 section.
298 3. This paragraph does not waive a district school board’s
299 sovereign immunity.
300 4. A community college may work with the school district or
301 school districts in its designated service area to operate
302 develop charter schools that offer secondary education. These
303 Charter schools may must include an option for secondary
304 students to receive an associate degree upon high school
305 graduation. District school boards shall cooperate with and
306 assist the community college on the charter application.
307 Community college applications for charter schools are not
308 subject to the time deadlines outlined in subsection (6) and may
309 be approved by the district school board at any time during the
310 year. Community colleges may not report FTE for any students who
311 receive FTE funding through the Florida Education Finance
312 Program.
313 Section 4. Paragraph (a) of subsection (1) of section
314 1002.37, Florida Statutes, is amended to read:
315 1002.37 The Florida Virtual School.—
316 (1)(a) The Florida Virtual School is established for the
317 development and delivery of online and distance learning
318 education and shall be administratively housed within the
319 Commissioner of Education’s Office of Technology and Information
320 Services. The Commissioner of Education shall monitor the
321 school’s performance and report its performance to the State
322 Board of Education and the Legislature.
323
324 The board of trustees of the Florida Virtual School shall
325 identify appropriate performance measures and standards based on
326 student achievement that reflect the school’s statutory mission
327 and priorities, and shall implement an accountability system for
328 the school that includes assessment of its effectiveness and
329 efficiency in providing quality services that encourage high
330 student achievement, seamless articulation, and maximum access.
331 Section 5. Paragraph (f) is added to subsection (3) of
332 section 1002.38, Florida Statutes, to read:
333 1002.38 Opportunity Scholarship Program.—
334 (3) SCHOOL DISTRICT OBLIGATIONS.—
335 (f) For purposes of this subsection, school grades for all
336 schools shall be based upon statewide assessments administered
337 pursuant to s. 1008.22.
338 Section 6. Paragraph (b) of subsection (2) of section
339 1002.45, Florida Statutes, is amended to read:
340 1002.45 School district virtual instruction programs.—
341 (2) PROVIDER QUALIFICATIONS.—
342 (b) An approved provider shall retain its approved status
343 during the 3 school years for a period of 3 years after the date
344 of the department’s approval under paragraph (a) as long as the
345 provider continues to comply with all requirements of this
346 section.
347 Section 7. Subsection (1) and paragraph (c) of subsection
348 (3) of section 1002.67, Florida Statutes, are amended to read:
349 1002.67 Performance standards; curricula and
350 accountability.—
351 (1) By April 1, 2005, the department shall develop and
352 adopt performance standards for students in the Voluntary
353 Prekindergarten Education Program. The performance standards
354 must address the age-appropriate progress of students in the
355 development of:
356 (a) The capabilities, capacities, and skills required under
357 s. 1(b), Art. IX of the State Constitution; and
358 (b) Emergent literacy skills, including oral communication,
359 knowledge of print and letters, phonemic and phonological
360 awareness, and vocabulary and comprehension development.
361 (c) The State Board of Education shall periodically review
362 and revise the performance standards for the statewide
363 kindergarten screening administered under s. 1002.69 and align
364 the standards to the standards established by the board for the
365 expectations of student performance on the statewide assessments
366 administered pursuant to s. 1008.22.
367 (3)
368 (c)1. If the kindergarten readiness rate of a private
369 prekindergarten provider or public school falls below the
370 minimum rate adopted by the State Board of Education as
371 satisfactory under s. 1002.69(6), the early learning coalition
372 or school district, as applicable, shall require the provider or
373 school to submit an improvement plan for approval by the
374 coalition or school district, as applicable, and to implement
375 the plan.
376 2. If a private prekindergarten provider or public school
377 fails to meet the minimum rate adopted by the State Board of
378 Education as satisfactory under s. 1002.69(6) for 2 consecutive
379 years, the early learning coalition or school district, as
380 applicable, shall place the provider or school on probation and
381 must require the provider or school to take certain corrective
382 actions, including the use of a curriculum approved by the
383 department under paragraph (2)(c) and requiring newly admitted
384 voluntary prekindergarten program students to complete the
385 statewide voluntary prekindergarten enrollment screening, for
386 which the provider must pay.
387 3. A private prekindergarten provider or public school that
388 is placed on probation must continue the corrective actions
389 required under subparagraph 2., including the use of a
390 curriculum approved by the department, until the provider or
391 school meets the minimum rate adopted by the State Board of
392 Education as satisfactory under s. 1002.69(6).
393 4. If a private prekindergarten provider or public school
394 remains on probation for 2 consecutive years and fails to meet
395 the minimum rate adopted by the State Board of Education as
396 satisfactory under s. 1002.69(6) and is not granted a good cause
397 exemption by the department pursuant to s. 1002.69(7), the
398 Agency for Workforce Innovation shall require the early learning
399 coalition or the Department of Education shall require the
400 school district to remove, as applicable, the provider or school
401 from eligibility to deliver the Voluntary Prekindergarten
402 Education Program and receive state funds for the program.
403 Section 8. Subsections (1), (2), (3), (4), and (6) and
404 paragraph (c) of subsection (7) of section 1002.69, Florida
405 Statutes, are amended to read:
406 1002.69 Statewide kindergarten screening; kindergarten
407 readiness rates.—
408 (1) The department shall adopt a statewide kindergarten
409 screening that assesses the readiness of each student for
410 kindergarten based upon the performance standards adopted by the
411 department under s. 1002.67(1) for the Voluntary Prekindergarten
412 Education Program. The department shall also adopt a statewide
413 voluntary prekindergarten enrollment screening that assesses the
414 readiness of each student for kindergarten upon entry into a
415 voluntary prekindergarten program, for which the voluntary
416 prekindergarten provider must pay. The department shall require
417 that each school district administer the statewide kindergarten
418 screening to each kindergarten student in the school district
419 within the first 30 school days of each school year and shall
420 require each early learning coalition to administer the
421 statewide voluntary prekindergarten enrollment screening in
422 accordance with this section.
423 (2) The statewide voluntary prekindergarten enrollment
424 screening and the kindergarten screening shall provide objective
425 data concerning each student’s readiness for kindergarten and
426 progress in attaining the performance standards adopted by the
427 department under s. 1002.67(1).
428 (3) The statewide voluntary prekindergarten enrollment
429 screening and the kindergarten screening shall incorporate
430 mechanisms for recognizing potential variations in kindergarten
431 readiness rates for students with disabilities.
432 (4) Each parent who enrolls his or her child in the
433 Voluntary Prekindergarten Education Program must submit the
434 child for the statewide kindergarten screening, regardless of
435 whether the child is admitted to kindergarten in a public school
436 or nonpublic school. Each parent who enrolls his or her child in
437 a voluntary prekindergarten education program must submit the
438 child for statewide voluntary prekindergarten enrollment
439 screening if required by the provider. Each school district
440 shall designate sites to administer the statewide kindergarten
441 screening for children admitted to kindergarten in a nonpublic
442 school.
443 (6)(a) The State Board of Education shall periodically
444 adopt a minimum kindergarten readiness rate that, if achieved by
445 a private prekindergarten provider or public school, would
446 demonstrate the provider’s or school’s satisfactory delivery of
447 the Voluntary Prekindergarten Education Program.
448 (b) The minimum rate must not exceed the rate at which more
449 than 15 percent of the kindergarten readiness rates of all
450 private prekindergarten providers and public schools delivering
451 the Voluntary Prekindergarten Education Program in the state
452 would fall below the minimum rate.
453 (7)
454 (c) The State Board of Education shall adopt criteria for
455 granting good cause exemptions. Such criteria shall include, but
456 are not limited to:
457 1. Learning gains of children served in the Voluntary
458 Prekindergarten Education Program by the private prekindergarten
459 provider or public school.
460 2. Verification that the private prekindergarten provider
461 or public school serves at least twice the statewide percentage
462 of children with disabilities as defined in s. 1003.01(3)(a) or
463 children identified as limited English proficient as defined in
464 s. 1003.56.
465 2.3. Verification that local and state health and safety
466 requirements are met.
467 Section 9. Subsection (2) of section 1002.73, Florida
468 Statutes, is amended to read:
469 1002.73 Department of Education; powers and duties;
470 accountability requirements.—
471 (2) The department shall adopt procedures for its:
472 (a) Approval of prekindergarten director credentials under
473 ss. 1002.55 and 1002.57.
474 (b) Approval of emergent literacy training courses under
475 ss. 1002.55 and 1002.59.
476 (c) Administration of the statewide kindergarten screening
477 and calculation of kindergarten readiness rates under s.
478 1002.69.
479 (d) Adoption of the statewide voluntary prekindergarten
480 enrollment screening, associated fee schedule, and the process
481 for determining learning gains of students who complete the
482 statewide voluntary prekindergarten enrollment screening and the
483 statewide kindergarten screening.
484 (e)(d) Approval of specialized instructional services
485 providers under s. 1002.66.
486 (f)(e) Granting of a private prekindergarten provider’s or
487 public school’s request for a good cause exemption under s.
488 1002.69(7).
489 Section 10. Paragraph (c) of subsection (4) of section
490 1003.03, Florida Statutes, is amended to read:
491 1003.03 Maximum class size.—
492 (4) ACCOUNTABILITY.—
493 (c) In lieu of the reduction calculation in paragraph (a),
494 if a district school board produces the Commissioner of
495 Education has evidence that it a district was unable to meet the
496 class size requirements despite appropriate efforts to do so or
497 because of an extreme emergency, the reduction of an alternate
498 amount of funds from the district’s class size categorical
499 allocation may be recommended by the State Board of Education
500 commissioner may recommend by February 15, for approval by
501 subject to approval of the Legislative Budget Commission, the
502 reduction of an alternate amount of funds from the district’s
503 class size categorical allocation.
504 Section 11. Subsection (1) of section 1003.4156, Florida
505 Statutes, is amended to read:
506 1003.4156 General requirements for middle grades
507 promotion.—
508 (1) Beginning with students entering grade 6 in the 2006
509 2007 school year, promotion from a school composed of middle
510 grades 6, 7, and 8 requires that:
511 (a) The student must successfully complete academic courses
512 as follows:
513 1. Three middle school or higher courses in English. These
514 courses shall emphasize literature, composition, and technical
515 text.
516 2. Three middle school or higher courses in mathematics.
517 Each middle school must offer at least one high school level
518 mathematics course for which students may earn high school
519 credit. Successful completion of a high school level Algebra I
520 or geometry course is not contingent upon the student’s
521 performance on the end-of-course assessment required under s.
522 1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
523 school year, to earn high school credit for an Algebra I course,
524 a middle school student must pass the Algebra I end-of-course
525 assessment, and beginning with the 2012-2013 school year, to
526 earn high school credit for a geometry course, a middle school
527 student must pass the geometry end-of-course assessment.
528 3. Three middle school or higher courses in social studies,
529 one semester of which must include the study of state and
530 federal government and civics education. Beginning with students
531 entering grade 6 in the 2012-2013 school year, one of these
532 courses must be at least a one-semester civics education course
533 that a student successfully completes in accordance with s.
534 1008.22(3)(c) and that includes the roles and responsibilities
535 of federal, state, and local governments; the structures and
536 functions of the legislative, executive, and judicial branches
537 of government; and the meaning and significance of historic
538 documents, such as the Articles of Confederation, the
539 Declaration of Independence, and the Constitution of the United
540 States.
541 4. Three middle school or higher courses in science.
542 Successful completion of a high school level Biology I course is
543 not contingent upon the student’s performance on the end-of
544 course assessment required under s. 1008.22(3)(c)2.a.(II).
545 However, beginning with the 2012-2013 school year, to earn high
546 school credit for a Biology I course, a middle school student
547 must pass the Biology I end-of-course assessment.
548 5. One course in career and education planning to be
549 completed in 7th or 8th grade. The course may be taught by any
550 member of the instructional staff; must include career
551 exploration using Florida CHOICES or a comparable cost-effective
552 program; must include educational planning using the online
553 student advising system known as Florida Academic Counseling and
554 Tracking for Students at the Internet website FACTS.org; and
555 shall result in the completion of a personalized academic and
556 career plan. The required personalized academic and career plan
557 must inform students of high school graduation requirements,
558 high school assessment and college entrance test requirements,
559 Florida Bright Futures Scholarship Program requirements, state
560 university and Florida college admission requirements, and
561 programs through which a high school student can earn college
562 credit, including Advanced Placement, International
563 Baccalaureate, Advanced International Certificate of Education,
564 dual enrollment, career academy opportunities, and courses that
565 lead to national industry certification.
566
567 A student with a disability, as defined in s. 1007.02(2), for
568 whom the individual education plan committee determines that the
569 end-of-course assessment cannot accurately measure the student’s
570 abilities, taking into consideration all allowable
571 accommodations, shall have the end-of-course assessment results
572 waived for purposes of determining the student’s course grade
573 and completing the requirements for middle grades promotion.
574 Each school must hold a parent meeting either in the evening or
575 on a weekend to inform parents about the course curriculum and
576 activities. Each student shall complete an electronic personal
577 education plan that must be signed by the student; the student’s
578 instructor, guidance counselor, or academic advisor; and the
579 student’s parent. The Department of Education shall develop
580 course frameworks and professional development materials for the
581 career exploration and education planning course. The course may
582 be implemented as a stand-alone course or integrated into
583 another course or courses. The Commissioner of Education shall
584 collect longitudinal high school course enrollment data by
585 student ethnicity in order to analyze course-taking patterns.
586 (b) For each year in which a student scores at Level l on
587 FCAT Reading, the student must be enrolled in and complete an
588 intensive reading course the following year. Placement of Level
589 2 readers in either an intensive reading course or a content
590 area course in which reading strategies are delivered shall be
591 determined by diagnosis of reading needs. The department shall
592 provide guidance on appropriate strategies for diagnosing and
593 meeting the varying instructional needs of students reading
594 below grade level. Reading courses shall be designed and offered
595 pursuant to the comprehensive reading plan required by s.
596 1011.62(9). A middle grades student who scores at Level 1 or
597 Level 2 on FCAT Reading, but who did not score below Level 3 the
598 year before may be granted an exemption from the reading
599 remediation requirements. A student may be granted a 1-year
600 exemption from intensive reading; however, the student must have
601 an approved academic improvement plan already in place and
602 signed by the school and a parent or guardian for the year that
603 the exemption is granted.
604 (c) For each year in which a student scores at Level 1 or
605 Level 2 on FCAT Mathematics, the student must receive
606 remediation the following year, which may be integrated into the
607 student’s required mathematics course.
608 Section 12. Section 1003.4203, Florida Statutes, is created
609 to read:
610 1003.4203 Digital curriculum.—
611 (1) Each district school board, in consultation with the
612 district school superintendent, shall develop and implement a
613 digital curriculum for students in grades 5 through 12 to enable
614 students to attain competencies in web communications and web
615 design. For purposes of this section, a digital curriculum
616 includes, but is not limited to, instruction in:
617 (a) Web-based skills, web-based core technologies, and web
618 design.
619 (b) Hypertext markup language, ColdFusion, and JavaScript
620 as core elements in web design.
621 (2)(a) The digital curriculum shall be required instruction
622 for each student in grades 5 through 12 but may not be a
623 requirement for high school graduation. Instruction may be
624 integrated into middle school and high school subject area
625 curricula or offered as a separate course subject to available
626 funding.
627 (b) A student is exempt from participation in the digital
628 curriculum required under this section if the student’s parent
629 submits to the district school board and the school principal a
630 written request for the exemption.
631 (3) Each district school board shall establish:
632 (a) Digital curriculum standards and measures to assess
633 student content knowledge and skills and learning gains.
634 (b) Innovative approaches to help students achieve
635 competency and master design.
636 (4) The Department of Education may develop a model digital
637 curriculum to serve as a guide for district school boards in the
638 development of a digital curriculum.
639 (5)(a) School improvement funds allocated to a school
640 district and other funds available to the district shall be used
641 to fund the digital curriculum.
642 (b) Capital improvement funds allocated to a school
643 district may be used to purchase equipment or software and to
644 hire technical consultants to meet the requirements of this
645 section.
646 (c) A school district that demonstrates high achievement in
647 student competency in web communications and web design based on
648 assessment of student content knowledge and skills and learning
649 gains is eligible for financial incentives as determined by the
650 Legislature.
651 (6) The Department of Education shall establish an annual
652 statewide competition between school districts to recognize
653 innovative web designs and innovative use of web-based
654 technologies to improve communication and commerce. The
655 Commissioner of Education shall develop a procedure for
656 statewide recognition of school district winners and individual
657 students who have demonstrated high achievement in web-based
658 knowledge and skills.
659 (7) A district school board may seek partnerships with
660 private businesses and consultants to offer classes and
661 instruction to teachers and students to assist the school
662 district in meeting the requirements of this section.
663 (8) Each district school board shall establish a digital
664 curriculum advisory committee that includes professionals from
665 the community who are knowledgeable in web design and related
666 technologies, school principals, teachers, students, and
667 parents. The advisory committee shall evaluate ongoing school
668 district efforts to comply with this section and make
669 recommendations to the district school superintendent and
670 district school board.
671 Section 13. Subsection (2) of section 1003.428, Florida
672 Statutes, is amended to read:
673 1003.428 General requirements for high school graduation;
674 revised.—
675 (2) The 24 credits may be earned through applied,
676 integrated, and combined courses approved by the Department of
677 Education. The 24 credits shall be distributed as follows:
678 (a) Sixteen core curriculum credits:
679 1. Four credits in English, with major concentration in
680 composition, reading for information, and literature.
681 2. Four credits in mathematics, one of which must be
682 Algebra I, a series of courses equivalent to Algebra I, or a
683 higher-level mathematics course. Beginning with students
684 entering grade 9 in the 2010-2011 school year, in addition to
685 the Algebra I credit requirement, one of the four credits in
686 mathematics must be geometry or a series of courses equivalent
687 to geometry as approved by the State Board of Education.
688 Beginning with students entering grade 9 in the 2010-2011 school
689 year, the end-of-course assessment requirements under s.
690 1008.22(3)(c)2.a.(I) must be met in order for a student to earn
691 the required credit in Algebra I. Beginning with students
692 entering grade 9 in the 2011-2012 school year, the end-of-course
693 assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
694 met in order for a student to earn the required credit in
695 geometry. Beginning with students entering grade 9 in the 2012
696 2013 school year, in addition to the Algebra I and geometry
697 credit requirements, one of the four credits in mathematics must
698 be Algebra II or a series of courses equivalent to Algebra II as
699 approved by the State Board of Education.
700 3. Three credits in science, two of which must have a
701 laboratory component. Beginning with students entering grade 9
702 in the 2011-2012 school year, one of the three credits in
703 science must be Biology I or a series of courses equivalent to
704 Biology I as approved by the State Board of Education. Beginning
705 with students entering grade 9 in the 2011-2012 school year, the
706 end-of-course assessment requirements under s.
707 1008.22(3)(c)2.a.(II) must be met in order for a student to earn
708 the required credit in Biology I. Beginning with students
709 entering grade 9 in the 2013-2014 school year, one of the three
710 credits must be Biology I or a series of courses equivalent to
711 Biology I as approved by the State Board of Education, one
712 credit must be chemistry or physics or a series of courses
713 equivalent to chemistry or physics as approved by the State
714 Board of Education, and one credit must be an equally rigorous
715 course, as determined by the State Board of Education.
716 4. Three credits in social studies as follows: one credit
717 in United States history; one credit in world history; one-half
718 credit in economics; and one-half credit in United States
719 government.
720 5. One credit in fine or performing arts, speech and
721 debate, or a practical arts course that incorporates artistic
722 content and techniques of creativity, interpretation, and
723 imagination. Eligible practical arts courses shall be identified
724 through the Course Code Directory.
725 6. One credit in physical education to include integration
726 of health. Participation in an interscholastic sport at the
727 junior varsity or varsity level for two full seasons shall
728 satisfy the one-credit requirement in physical education if the
729 student passes a competency test on personal fitness with a
730 score of “C” or better. The competency test on personal fitness
731 must be developed by the Department of Education. A district
732 school board may not require that the one credit in physical
733 education be taken during the 9th grade year. Completion of one
734 semester with a grade of “C” or better in a marching band class,
735 in a physical activity class that requires participation in
736 marching band activities as an extracurricular activity, or in a
737 dance class shall satisfy one-half credit in physical education
738 or one-half credit in performing arts. This credit may not be
739 used to satisfy the personal fitness requirement or the
740 requirement for adaptive physical education under an individual
741 education plan (IEP) or 504 plan. Completion of 2 years in a
742 Reserve Officer Training Corps (R.O.T.C.) class, a significant
743 component of which is drills, shall satisfy the one-credit
744 requirement in physical education and the one-credit requirement
745 in performing arts. This credit may not be used to satisfy the
746 personal fitness requirement or the requirement for adaptive
747 physical education under an individual education plan (IEP) or
748 504 plan.
749 (b) Eight credits in electives.
750 1. For each year in which a student scores at Level 1 on
751 FCAT Reading, the student must be enrolled in and complete an
752 intensive reading course the following year. Placement of Level
753 2 readers in either an intensive reading course or a content
754 area course in which reading strategies are delivered shall be
755 determined by diagnosis of reading needs. The department shall
756 provide guidance on appropriate strategies for diagnosing and
757 meeting the varying instructional needs of students reading
758 below grade level. Reading courses shall be designed and offered
759 pursuant to the comprehensive reading plan required by s.
760 1011.62(9).
761 2. For each year in which a student scores at Level 1 or
762 Level 2 on FCAT Mathematics, the student must receive
763 remediation the following year. These courses may be taught
764 through applied, integrated, or combined courses and are subject
765 to approval by the department for inclusion in the Course Code
766 Directory.
767
768 A high school student who scores at Level 1 or Level 2 on FCAT
769 Reading but who did not score below Level 3 the year before may
770 be granted an exemption from intensive reading. A student may be
771 granted a 1-year exemption from intensive reading; however, the
772 student must have an approved academic improvement plan already
773 in place and signed by the school and a parent or guardian for
774 the year the exemption is granted.
775 Section 14. Subsection (1) of section 1003.492, Florida
776 Statutes, is amended to read:
777 1003.492 Industry-certified career education programs.—
778 (2) The State Board of Education shall use the expertise of
779 Workforce Florida, Inc., and Enterprise Florida, Inc., to
780 develop and adopt rules pursuant to ss. 120.536(1) and 120.54
781 for implementing an industry certification process. The rules
782 must establish a process for weighing the value of industry
783 certifications based on the rigor of the certification and its
784 employment value to state businesses and industry. Industry
785 certification shall be defined by the Agency for Workforce
786 Innovation, based upon the highest available national standards
787 for specific industry certification, to ensure student skill
788 proficiency and to address emerging labor market and industry
789 trends. A regional workforce board or a career and professional
790 academy may apply to Workforce Florida, Inc., to request
791 additions to the approved list of industry certifications based
792 on high-demand job requirements in the regional economy. The
793 list of industry certifications approved by Workforce Florida,
794 Inc., and the Department of Education shall be published and
795 updated annually by a date certain, to be included in the
796 adopted rule.
797 Section 15. Section 1003.493, Florida Statutes, is amended
798 to read:
799 1003.493 Career and professional academies.—
800 (1) A “career and professional academy” is a research-based
801 program that integrates a rigorous academic curriculum with an
802 industry-specific curriculum aligned directly to priority
803 workforce needs established by the regional workforce board.
804 Career and professional academies shall be offered by public
805 schools and school districts. The Florida Virtual School is
806 encouraged to develop and offer rigorous career and professional
807 courses as appropriate. Students completing high school career
808 and professional academy programs must receive a standard high
809 school diploma, the highest available industry certification,
810 and opportunities to earn postsecondary credit if the academy
811 partners with a postsecondary institution approved to operate in
812 the state. Students completing a middle school career and
813 professional academy program must have the opportunity to earn
814 an industry certification, earn high school credit, and
815 participate in career planning, job shadowing, and leadership
816 development opportunities.
817 (2) The goals of a career and professional academy are to:
818 (a) Increase student academic achievement and graduation
819 rates through integrated academic and career curricula.
820 (b) Prepare graduating high school students to make
821 appropriate choices relative to employment and future
822 educational experiences.
823 (c) Focus on career preparation through rigorous academics
824 and industry certification.
825 (d) Raise student aspiration and commitment to academic
826 achievement and work ethics through relevant coursework.
827 (e) Support graduation requirements pursuant to s. 1003.428
828 by providing creative, applied major areas of interest.
829 (f) Promote acceleration mechanisms, such as dual
830 enrollment, articulated credit, or occupational completion
831 points, so that students may earn postsecondary credit while in
832 high school.
833 (g) Support the state’s economy by meeting industry needs
834 for skilled employees in high-demand occupations.
835 (3) Existing career education courses may serve as a
836 foundation for the creation of a career and professional
837 academy. A career and professional academy may be offered as one
838 of the following small learning communities:
839 (a) A school-within-a-school career academy, as part of an
840 existing middle school or high school, that provides courses in
841 one occupational cluster. Students in the middle school or high
842 school are not required to be students in the academy.
843 (b) A total school configuration providing multiple
844 academies, each structured around an occupational cluster. Every
845 student in the school is in an academy.
846 (4) Each middle school or high school career and
847 professional academy must:
848 (a) provide a rigorous standards-based academic curriculum
849 integrated with a career curriculum. The curriculum must take
850 into consideration multiple styles of student learning; promote
851 learning by doing through application and adaptation; maximize
852 relevance of the subject matter; enhance each student’s capacity
853 to excel; and include an emphasis on work habits and work
854 ethics.
855 (5)(b) Each middle school or high school career and
856 professional academy must include one or more partnerships with
857 postsecondary institutions, businesses, industry, employers,
858 economic development organizations, or other appropriate
859 partners from the local community. Such partnerships shall be
860 delineated in articulation agreements to provide for career
861 based courses that earn postsecondary credit. Such agreements
862 may include articulation between the academy and public or
863 private 2-year and 4-year postsecondary institutions and
864 technical centers. The Department of Education, in consultation
865 with the Board of Governors, shall establish a mechanism to
866 ensure articulation and transfer of credits to postsecondary
867 institutions in this state. Such partnerships must provide
868 opportunities for:
869 (a)1. Instruction from highly skilled professionals who
870 possess industry-certification credentials for courses they are
871 teaching.
872 (b)2. Internships, externships, and on-the-job training.
873 (c)3. A postsecondary degree, diploma, or certificate.
874 (d)4. The highest available level of industry
875 certification.
876 (e)5. Maximum articulation of credits pursuant to s.
877 1007.23 upon program completion.
878 (6)(c) Each middle school or high school career and
879 professional academy must:
880 (a) Provide shared, maximum use of private sector
881 facilities and personnel.
882 (b)(d) Provide personalized student advisement, including a
883 parent-participation component, and coordination with middle
884 schools to promote and support career exploration and education
885 planning as required under s. 1003.4156. Coordination with
886 middle schools must provide information to middle school
887 students about secondary and postsecondary career education
888 programs and academies.
889 (c)(e) Promote and provide opportunities for career and
890 professional academy students to attain, at minimum, the Florida
891 Gold Seal Vocational Scholars award pursuant to s. 1009.536.
892 (d)(f) Provide instruction in careers designated as high
893 growth, high demand, and high pay by the local workforce
894 development board, the chamber of commerce, or the Agency for
895 Workforce Innovation.
896 (e)(g) Deliver academic content through instruction
897 relevant to the career, including intensive reading and
898 mathematics intervention required by s. 1003.428, with an
899 emphasis on strengthening reading for information skills.
900 (f)(h) Offer applied courses that combine academic content
901 with technical skills.
902 (g)(i) Provide instruction resulting in competency,
903 certification, or credentials in workplace skills, including,
904 but not limited to, communication skills, interpersonal skills,
905 decisionmaking skills, the importance of attendance and
906 timeliness in the work environment, and work ethics.
907 (h)(j) Provide opportunities for students to obtain the
908 Florida Ready to Work Certification pursuant to s. 1004.99, if
909 available.
910 (i)(k) Include an evaluation plan developed jointly with
911 the Department of Education and the local workforce board. The
912 evaluation plan must include an assessment tool based on
913 national industry standards, such as the Career Academy National
914 Standards of Practice, and outcome measures, including, but not
915 limited to, achievement of national industry certifications
916 identified in the Industry Certification Funding List, pursuant
917 to rules adopted by the State Board of Education, graduation
918 rates, enrollment in postsecondary education, business and
919 industry satisfaction, employment and earnings, awards of
920 postsecondary credit and scholarships, and student achievement
921 levels and learning gains on statewide assessments administered
922 under s. 1008.22(3)(c). The Department of Education shall use
923 Workforce Florida, Inc., and Enterprise Florida, Inc., in
924 identifying industry experts to participate in developing and
925 implementing such assessments.
926 (j)(l) Include a plan to sustain career and professional
927 academies.
928 (k)(m) Redirect appropriated career funding to career and
929 professional academies.
930 (7)(5) All high school career courses offered in a career
931 and professional academy must lead to industry certification or
932 college credit linked directly to the career theme of the
933 course. Fifty At least 50 percent of students enrolled in a
934 career course must achieve industry certifications or college
935 credits during the second year the course is offered in order
936 for the course to be offered a third year. At least 66 percent
937 of students enrolled in such a course must achieve industry
938 certifications or college credits during the third year the
939 course is offered in order for it to be offered a fourth year
940 and thereafter.
941 (8) Each middle school career and professional academy must
942 be aligned with high school career and professional academies
943 offered in the school district and include one or more
944 partnerships with high schools, businesses, industry, employers,
945 economic development organizations, or other appropriate
946 partners from the local community. Such partnerships must
947 provide opportunities for:
948 (a) Instruction from highly skilled professionals who
949 possess industry-certification credentials for courses they are
950 teaching.
951 (b) Internships and externships
952 (c) Maximum articulation of high school dual enrollment
953 credits upon program completion.
954 (d) Personalized student advisement, including a parent
955 participation component, and coordination with high schools to
956 promote accelerated course credit
957 (e) Instruction in careers designated as high growth, high
958 demand, and high pay by the local workforce development board,
959 the chamber of commerce, or the Agency for Workforce Innovation.
960 (f) The delivery of academic content through instruction
961 that is relevant to a career, including intensive reading and
962 mathematics intervention required by s. 1003.428, along with an
963 emphasis on strengthening reading for information skills.
964 (g) Applied courses that combine academic content with
965 technical skills.
966 (h) Instruction resulting in competency, including, but not
967 limited to, communication skills, interpersonal skills,
968 decisionmaking skills, the importance of attendance and
969 timeliness in the work environment, and work ethics.
970 (i) An evaluation plan developed jointly with the
971 Department of Education and the local workforce board. The
972 Department of Education shall use Workforce Florida, Inc., and
973 Enterprise Florida, Inc., in identifying industry experts to
974 participate in developing and implementing such assessments.
975 (9)(6) The Okaloosa County School District CHOICE
976 Institutes shall serve in an advisory role and shall offer
977 technical assistance in the development of newly established
978 career and professional academies for a 3-year period beginning
979 July 1, 2007.
980 Section 16. Section 1003.575, Florida Statutes, is amended
981 to read:
982 1003.575 Assistive technology devices; findings;
983 interagency agreements.—Accessibility, utilization, and
984 coordination of appropriate assistive technology devices and
985 services are essential as a young person with disabilities moves
986 from early intervention to preschool, from preschool to school,
987 from one school to another, and from school to employment or
988 independent living. Within 60 to 90 days after receiving a
989 request for an assistive technology assessment, any school that
990 has an individualized education plan team shall arrange to
991 complete the assessment. To ensure that an assistive technology
992 device issued to a young person as part of his or her
993 individualized family support plan, individual support plan, or
994 an individual education plan remains with the individual through
995 such transitions, the following agencies shall enter into
996 interagency agreements, as appropriate, to ensure the
997 transaction of assistive technology devices:
998 (1) The Florida Infants and Toddlers Early Intervention
999 Program in the Division of Children’s Medical Services of the
1000 Department of Health.
1001 (2) The Division of Blind Services, the Bureau of
1002 Exceptional Education and Student Services, and the Division of
1003 Vocational Rehabilitation of the Department of Education.
1004 (3) The Voluntary Prekindergarten Education Program
1005 administered by the Department of Education and the Agency for
1006 Workforce Innovation.
1007
1008 Interagency agreements entered into pursuant to this section
1009 shall provide a framework for ensuring that young persons with
1010 disabilities and their families, educators, and employers are
1011 informed about the utilization and coordination of assistive
1012 technology devices and services that may assist in meeting
1013 transition needs, and shall establish a mechanism by which a
1014 young person or his or her parent may request that an assistive
1015 technology device remain with the young person as he or she
1016 moves through the continuum from home to school to postschool.
1017 Section 17. Subsection (2) of section 1003.621, Florida
1018 Statutes, is amended to read:
1019 1003.621 Academically high-performing school districts.—It
1020 is the intent of the Legislature to recognize and reward school
1021 districts that demonstrate the ability to consistently maintain
1022 or improve their high-performing status. The purpose of this
1023 section is to provide high-performing school districts with
1024 flexibility in meeting the specific requirements in statute and
1025 rules of the State Board of Education.
1026 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
1027 high-performing school district shall comply with all of the
1028 provisions in chapters 1000-1013, and rules of the State Board
1029 of Education which implement these provisions, pertaining to the
1030 following:
1031 (a) Those statutes pertaining to the provision of services
1032 to students with disabilities.
1033 (b) Those statutes pertaining to civil rights, including s.
1034 1000.05, relating to discrimination.
1035 (c) Those statutes pertaining to student health, safety,
1036 and welfare.
1037 (d) Those statutes governing the election or compensation
1038 of district school board members.
1039 (e) Those statutes pertaining to the student assessment
1040 program and the school grading system, including chapter 1008.
1041 (f) Those statutes pertaining to financial matters,
1042 including chapter 1010, except that s. 1010.20(3)(a)1., 2., and
1043 3., relating to the required program expenditure levels, are
1044 eligible for exemption.
1045 (g) Those statutes pertaining to planning and budgeting,
1046 including chapter 1011, except s. 1011.62(9)(d), relating to the
1047 requirement for a comprehensive reading plan. A district that is
1048 exempt from submitting this plan shall be deemed approved to
1049 receive the research-based reading instruction allocation.
1050 (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
1051 differentiated pay and performance-pay policies for school
1052 administrators and instructional personnel. Professional service
1053 contracts are subject to the provisions of ss. 1012.33 and
1054 1012.34.
1055 (i) Those statutes pertaining to educational facilities,
1056 including chapter 1013, except that s. 1013.20, relating to
1057 covered walkways for portables, and s. 1013.21, relating to the
1058 use of relocatable facilities that exceed 20 years of age, are
1059 eligible for exemption.
1060 (j) Those statutes relating to instructional materials,
1061 except that s. 1006.37, relating to the requisition of state
1062 adopted materials from the depository under contract with the
1063 publisher, and s. 1006.40(3)(a), relating to the use of 50
1064 percent of the instructional materials allocation, shall be
1065 eligible for exemption.
1066 (k) This section.
1067 Section 18. Subsection (1), paragraph (a) of subsection
1068 (2), and paragraphs (b) and (e) of subsection (3) of section
1069 1006.28, Florida Statutes, are amended to read:
1070 1006.28 Duties of district school board, district school
1071 superintendent; and school principal regarding K-12
1072 instructional materials.—
1073 (1) DISTRICT SCHOOL BOARD.—The district school board has
1074 the duty to provide adequate instructional materials for all
1075 students in accordance with the requirements of this part. The
1076 term “adequate instructional materials” means a sufficient
1077 number of student or site licenses textbooks or sets of
1078 materials that are available in bound, unbound, kit, or package
1079 form and may consist of hard-backed or soft-backed textbooks,
1080 electronic content, consumables, learning laboratories,
1081 manipulatives, electronic media, and computer courseware or
1082 software that serve as the basis for instruction for each
1083 student in the core courses of mathematics, language arts,
1084 social studies, science, reading, and literature, except for
1085 instruction for which the school advisory council approves the
1086 use of a program that does not include a textbook as a major
1087 tool of instruction. The district school board has the following
1088 specific duties:
1089 (a) Courses of study; adoption.—Adopt courses of study for
1090 use in the schools of the district.
1091 (b) Instructional materials Textbooks.—Provide for proper
1092 requisitioning, distribution, accounting, storage, care, and use
1093 of all instructional materials furnished by the state and
1094 furnish such other instructional materials as may be needed. The
1095 district school board shall assure that instructional materials
1096 used in the district are consistent with the district goals and
1097 objectives and the curriculum frameworks adopted by rule of the
1098 State Board of Education, as well as with the state and district
1099 performance standards provided for in s. 1001.03(1).
1100 (c) Other instructional materials.—Provide such other
1101 teaching accessories and aids as are needed for the school
1102 district’s educational program.
1103 (d) School library media services; establishment and
1104 maintenance.—Establish and maintain a program of school library
1105 media services for all public schools in the district, including
1106 school library media centers, or school library media centers
1107 open to the public, and, in addition such traveling or
1108 circulating libraries as may be needed for the proper operation
1109 of the district school system.
1110 (2) DISTRICT SCHOOL SUPERINTENDENT.—
1111 (a) The district school superintendent has the duty to
1112 recommend such plans for improving, providing, distributing,
1113 accounting for, and caring for instructional materials textbooks
1114 and other instructional aids as will result in general
1115 improvement of the district school system, as prescribed in this
1116 part, in accordance with adopted district school board rules
1117 prescribing the duties and responsibilities of the district
1118 school superintendent regarding the requisition, purchase,
1119 receipt, storage, distribution, use, conservation, records, and
1120 reports of, and management practices and property accountability
1121 concerning, instructional materials, and providing for an
1122 evaluation of any instructional materials to be requisitioned
1123 that have not been used previously in the district’s schools.
1124 The district school superintendent must keep adequate records
1125 and accounts for all financial transactions for funds collected
1126 pursuant to subsection (3), as a component of the educational
1127 service delivery scope in a school district best financial
1128 management practices review under s. 1008.35.
1129 (3) SCHOOL PRINCIPAL.—The school principal has the
1130 following duties for the management and care of instructional
1131 materials at the school:
1132 (b) Money collected for lost or damaged instructional
1133 materials books; enforcement.—The school principal shall collect
1134 from each student or the student’s parent the purchase price of
1135 any instructional material the student has lost, destroyed, or
1136 unnecessarily damaged and to report and transmit the money
1137 collected to the district school superintendent. The failure to
1138 collect such sum upon reasonable effort by the school principal
1139 may result in the suspension of the student from participation
1140 in extracurricular activities or satisfaction of the debt by the
1141 student through community service activities at the school site
1142 as determined by the school principal, pursuant to policies
1143 adopted by district school board rule.
1144 (e) Accounting for instructional materials textbooks.
1145 Principals shall see that all instructional materials books are
1146 fully and properly accounted for as prescribed by adopted rules
1147 of the district school board.
1148 Section 19. Section 1006.29, Florida Statutes, is amended
1149 to read:
1150 1006.29 State instructional materials reviewers
1151 committees.—
1152 (1) Each school year, not later than April 15, the
1153 commissioner shall appoint state instructional materials
1154 committees composed of persons actively engaged in teaching or
1155 in the supervision of teaching in the public elementary, middle,
1156 or high schools and representing the major fields and levels in
1157 which instructional materials are used in the public schools
1158 and, in addition, lay citizens not professionally connected with
1159 education. Committee members shall receive training pursuant to
1160 subsection (5) in competencies related to the evaluation and
1161 selection of instructional materials.
1162 (a) There shall be 10 or more members on each committee: At
1163 least 50 percent of the members shall be classroom teachers who
1164 are certified in an area directly related to the academic area
1165 or level being considered for adoption, 2 shall be laypersons, 1
1166 shall be a district school board member, and 2 shall be
1167 supervisors of teachers. The committee must have the capacity or
1168 expertise to address the broad racial, ethnic, socioeconomic,
1169 and cultural diversity of the state’s student population.
1170 Personnel selected as teachers of the year at the school,
1171 district, regional, or state level are encouraged to serve on
1172 instructional materials committees.
1173 (b) The membership of each committee must reflect the broad
1174 racial, ethnic, socioeconomic, and cultural diversity of the
1175 state, including a balanced representation from the state’s
1176 geographic regions.
1177 (a)(c) The commissioner shall determine annually the areas
1178 in which instructional materials shall be submitted for
1179 adoption, taking into consideration the desires of the district
1180 school boards. The commissioner shall also determine the number
1181 of titles to be adopted in each area.
1182 (b) By April 15 of each school year, the commissioner shall
1183 appoint three state or national experts in the content areas to
1184 review instructional materials and evaluate the content for
1185 alignment with the applicable Sunshine State Standards or Next
1186 Generation Sunshine State Standards. The expert reviewers shall
1187 review the materials selected for adoption for the level of
1188 instructional support and the accuracy and appropriateness of
1189 progression of introduced content. Instructional materials shall
1190 be made available to reviewers in electronic form. The initial
1191 review of the materials shall be made by only two of the three
1192 expert reviewers. If the two reviewers reach opposing results,
1193 the third reviewer shall break the tie. Expert reviewers shall
1194 independently make recommendations to the commissioner and shall
1195 use an electronic feedback review system for making
1196 recommendations regarding materials that should be placed on
1197 Florida’s list of adopted materials. The expert reviewers may
1198 receive a fee for their services.
1199 (c) The commissioner shall request each school district
1200 superintendent to nominate one classroom teacher or district
1201 level content supervisor to review two or three of the
1202 submissions recommended by the university expert reviewers.
1203 School districts shall ensure that these nominees are provided
1204 with the support and time necessary to accomplish a thorough
1205 review at no cost to the state. District reviewers shall
1206 independently rate the recommended submissions on the
1207 instructional usability of the resources.
1208 (2)(a) All appointments shall be as prescribed in this
1209 section. No member shall serve more than two consecutive terms
1210 on any committee. All appointments shall be for 18-month terms.
1211 All vacancies shall be filled in the manner of the original
1212 appointment for only the time remaining in the unexpired term.
1213 At no time may a district school board have more than one
1214 representative on a committee. The commissioner and a member of
1215 the department whom he or she shall designate shall be
1216 additional and ex officio members of each committee.
1217 (b) The names and mailing addresses of the members of the
1218 state instructional materials committees shall be made public
1219 when appointments are made.
1220 (c) The district school board shall be reimbursed for the
1221 actual cost of substitute teachers for each workday that a
1222 member of its instructional staff is absent from his or her
1223 assigned duties for the purpose of rendering service to the
1224 state instructional materials committee. In addition, committee
1225 members shall be reimbursed for travel expenses and per diem in
1226 accordance with s. 112.061 for actual service in meetings of
1227 committees called by the commissioner. Payment of such travel
1228 expenses shall be made from the appropriation for the
1229 administration of the instructional materials program, on
1230 warrants to be drawn by the Chief Financial Officer upon
1231 requisition approved by the commissioner.
1232 (d) Any member of a committee may be removed by the
1233 commissioner for cause.
1234 (3) All references in the law to the state instructional
1235 materials committee shall apply to each committee created by
1236 this section.
1237 (2)(4) For purposes of state adoption, “instructional
1238 materials” means items having intellectual content that by
1239 design serve as a major tool for assisting in the instruction of
1240 a subject or course. These items may be available in bound,
1241 unbound, kit, or package form and may consist of hardbacked or
1242 softbacked textbooks, electronic content, consumables, learning
1243 laboratories, manipulatives, electronic media, and computer
1244 courseware or software. A publisher or manufacturer providing
1245 instructional materials as a single bundle shall also make the
1246 instructional materials available as separate and unbundled
1247 items, each priced individually. Any instructional materials
1248 adopted in after 2012-2013 for students in grades 9 through 12
1249 shall also be provided only in an electronic format. Beginning
1250 with the 2013-2014 school year, any instructional materials
1251 adopted for grades 5 through 12 shall be provided only in an
1252 electronic format. Beginning with the 2014-2015 school year, any
1253 instructional materials adopted for grades kindergarten through
1254 12 shall be provided only in an electronic format. The term does
1255 not include electronic or computer hardware even if such
1256 hardware is bundled with software or other electronic media, nor
1257 does it include equipment or supplies.
1258 (3)(5) The department shall develop a training program for
1259 persons selected as expert and school district reviewers, which
1260 shall include instruction on reviewing standards-based content
1261 and reviewing digital materials using an electronic feedback
1262 review system to serve on state instructional materials
1263 committees. The program shall be structured to assist reviewers
1264 committee members in developing the skills necessary to make
1265 valid, culturally sensitive, and objective decisions regarding
1266 the content and rigor of instructional materials. All persons
1267 serving as on instructional materials reviewers committees must
1268 complete the training program prior to beginning the review and
1269 selection process.
1270 Section 20. Section 1006.30, Florida Statutes, is amended
1271 to read:
1272 1006.30 Affidavit of state instructional materials
1273 reviewers committee members.—Before transacting any business,
1274 each reviewer member of a state committee shall make an
1275 affidavit, to be filed with the department commissioner, that:
1276 (1) The reviewer member will faithfully discharge the
1277 duties imposed upon him or her as a member of the committee.
1278 (2) The reviewer member has no interest, and while a member
1279 of the committee he or she will assume no interest, in any
1280 publishing or manufacturing organization that which produces or
1281 sells instructional materials.
1282 (3) The reviewer member is in no way connected, and while a
1283 member of the committee he or she will assume no connection,
1284 with the distribution of the instructional materials.
1285 (4) The reviewer does not have any direct or indirect
1286 pecuniary interest member is not pecuniarily interested, and
1287 while a member of the committee he or she will assume no
1288 pecuniary interest, directly or indirectly, in the business or
1289 profits of any person engaged in manufacturing, publishing, or
1290 selling instructional materials designed for use in the public
1291 schools.
1292 (5) The reviewer member will not accept any emolument or
1293 promise of future reward of any kind from any publisher or
1294 manufacturer of instructional materials or his or her agent or
1295 anyone interested in, or intending to bias his or her judgment
1296 in any way in, the selection of any materials to be adopted.
1297 (6) The reviewer understands that it is unlawful for any
1298 member of a state instructional materials committee to discuss
1299 matters relating to instructional materials submitted for
1300 adoption with any agent of a publisher or manufacturer of
1301 instructional materials, either directly or indirectly, except
1302 during the period when the publisher or manufacturer is
1303 providing a presentation for the reviewer during his or her
1304 review of committee has been called into session for the purpose
1305 of evaluating instructional materials submitted for adoption.
1306 Such discussions shall be limited to official meetings of the
1307 committee and in accordance with procedures prescribed by the
1308 commissioner for that purpose.
1309 Section 21. Section 1006.31, Florida Statutes, is amended
1310 to read:
1311 1006.31 Duties of each state instructional materials
1312 reviewers committee.—The duties of each state instructional
1313 materials reviewer committee are:
1314 (1) PLACE AND TIME OF MEETING.—To meet at the call of the
1315 commissioner, at a place in the state designated by him or her,
1316 for the purpose of evaluating and recommending instructional
1317 materials for adoption by the state. All meetings of state
1318 instructional materials committees shall be announced publicly
1319 in the Florida Administrative Weekly at least 2 weeks prior to
1320 the date of convening. All meetings of the committees shall be
1321 open to the public.
1322 (2) ORGANIZATION.—To elect a chair and vice chair for each
1323 adoption. An employee of the department shall serve as secretary
1324 to the committee and keep an accurate record of its proceedings.
1325 All records of committee motions and votes, and summaries of
1326 committee debate shall be incorporated into a publishable
1327 document and shall be available for public inspection and
1328 duplication.
1329 (1)(3) PROCEDURES.—To adhere to procedures prescribed by
1330 the commissioner for evaluating instructional materials
1331 submitted by publishers and manufacturers in each adoption.
1332 (2)(4) EVALUATION OF INSTRUCTIONAL MATERIALS.—To evaluate
1333 carefully all instructional materials submitted, to ascertain
1334 which instructional materials, if any, submitted for
1335 consideration best implement the selection criteria developed by
1336 the department commissioner and those curricular objectives
1337 included within applicable performance standards provided for in
1338 s. 1001.03(1).
1339 (a) When recommending instructional materials for use in
1340 the schools, each reviewer committee shall include only
1341 instructional materials that accurately portray the ethnic,
1342 socioeconomic, cultural, and racial diversity of our society,
1343 including men and women in professional, career, and executive
1344 roles, and the role and contributions of the entrepreneur and
1345 labor in the total development of this state and the United
1346 States.
1347 (b) When recommending instructional materials for use in
1348 the schools, each reviewer committee shall include only
1349 materials which accurately portray, whenever appropriate,
1350 humankind’s place in ecological systems, including the necessity
1351 for the protection of our environment and conservation of our
1352 natural resources and the effects on the human system of the use
1353 of tobacco, alcohol, controlled substances, and other dangerous
1354 substances.
1355 (c) When recommending instructional materials for use in
1356 the schools, each reviewer committee shall require such
1357 materials as he or she it deems necessary and proper to
1358 encourage thrift, fire prevention, and humane treatment of
1359 people and animals.
1360 (d) When recommending instructional materials for use in
1361 the schools, each reviewer committee shall require, when
1362 appropriate to the comprehension of students, that materials for
1363 social science, history, or civics classes contain the
1364 Declaration of Independence and the Constitution of the United
1365 States. A reviewer may not recommend any No instructional
1366 materials shall be recommended by any committee for use in the
1367 schools which contain any matter reflecting unfairly upon
1368 persons because of their race, color, creed, national origin,
1369 ancestry, gender, or occupation.
1370 (e) Any All instructional materials recommended by a each
1371 reviewer committee for use in the schools shall be, to the
1372 satisfaction of each reviewer committee, accurate, objective,
1373 and current and suited to the needs and comprehension of
1374 students at their respective grade levels. Instructional
1375 materials reviewers committees shall consider for adoption
1376 materials developed for academically talented students such as
1377 those enrolled in advanced placement courses.
1378 (3)(5) REPORT OF EXPERT REVIEWERS COMMITTEE.—Each expert
1379 reviewer committee, after a thorough study of all data submitted
1380 on each instructional material, and after each member has
1381 carefully evaluated each instructional material, shall submit an
1382 electronic present a written report to the department
1383 commissioner. The Such report shall be made public, and must
1384 shall include responses to each section of the report format
1385 prescribed by the department.:
1386 (a) A description of the procedures used in determining the
1387 instructional materials to be recommended to the commissioner.
1388 (b) Recommendations of instructional materials for each
1389 grade and subject field in the curriculum of public elementary,
1390 middle, and high schools in which adoptions are to be made. If
1391 deemed advisable, the committee may include such other
1392 information, expression of opinion, or recommendation as would
1393 be helpful to the commissioner. If there is a difference of
1394 opinion among the members of the committee as to the merits of
1395 any instructional materials, any member may file an expression
1396 of his or her individual opinion.
1397
1398 The findings of the committees, including the evaluation of
1399 instructional materials, shall be in sessions open to the
1400 public. All decisions leading to determinations of the
1401 committees shall be by roll call vote, and at no time will a
1402 secret ballot be permitted.
1403 Section 22. Section 1006.32, Florida Statutes, is amended
1404 to read:
1405 1006.32 Prohibited acts.—
1406 (1) A No publisher or manufacturer of instructional
1407 material, or any representative thereof, may not shall offer to
1408 give any emolument, money, or other valuable thing, or any
1409 inducement, to any district school board official or state
1410 member of a state-level instructional materials reviewer
1411 committee to directly or indirectly introduce, recommend, vote
1412 for, or otherwise influence the adoption or purchase of any
1413 instructional materials.
1414 (2) A No district school board official or member of a
1415 state instructional materials reviewer may not committee shall
1416 solicit or accept any emolument, money, or other valuable thing,
1417 or any inducement, to directly or indirectly introduce,
1418 recommend, vote for, or otherwise influence the adoption or
1419 purchase of any instructional material.
1420 (3) A No district school board or publisher may not
1421 participate in a pilot program of materials being considered for
1422 adoption during the 18-month period before the official adoption
1423 of the materials by the commissioner. Any pilot program during
1424 the first 2 years of the adoption period must have the prior
1425 approval of the commissioner.
1426 (4) Any publisher or manufacturer of instructional
1427 materials or representative thereof or any district school board
1428 official or state instructional materials reviewer committee
1429 member, who violates any provision of this section commits a
1430 misdemeanor of the second degree, punishable as provided in s.
1431 775.082 or s. 775.083. Any representative of a publisher or
1432 manufacturer who violates any provision of this section, in
1433 addition to any other penalty, shall be banned from practicing
1434 business in the state for a period of 1 calendar year. Any
1435 district school board official or state instructional materials
1436 committee member who violates any provision of this section, in
1437 addition to any other penalty, shall be removed from his or her
1438 official position.
1439 (5) This section does not prohibit Nothing in this section
1440 shall be construed to prevent any publisher, manufacturer, or
1441 agent from supplying, for purposes of examination, necessary
1442 sample copies of instructional materials to any district school
1443 board official or state instructional materials reviewer
1444 committee member.
1445 (6) This section does not prohibit Nothing in this section
1446 shall be construed to prevent a district school board official
1447 or state instructional materials reviewer committee member from
1448 receiving sample copies of instructional materials.
1449 (7) This section does not Nothing contained in this section
1450 shall be construed to prohibit or restrict a district school
1451 board official from receiving royalties or other compensation,
1452 other than compensation paid to him or her as commission for
1453 negotiating sales to district school boards, from the publisher
1454 or manufacturer of instructional materials written, designed, or
1455 prepared by such district school board official, and adopted by
1456 the commissioner or purchased by any district school board. No
1457 district school board official shall be allowed to receive
1458 royalties on any materials not on the state-adopted list
1459 purchased for use by his or her district school board.
1460 (8) A No district school superintendent, district school
1461 board member, teacher, or other person officially connected with
1462 the government or direction of public schools may not shall
1463 receive during the months actually engaged in performing duties
1464 under his or her contract any private fee, gratuity, donation,
1465 or compensation, in any manner whatsoever, for promoting the
1466 sale or exchange of any school book, map, or chart in any public
1467 school, or be an agent for the sale or the publisher of any
1468 school textbook or reference work, or be directly or indirectly
1469 pecuniarily interested in the introduction of any such textbook,
1470 and any such agency or interest shall disqualify any person so
1471 acting or interested from holding any district school board
1472 employment whatsoever, and the person commits a misdemeanor of
1473 the second degree, punishable as provided in s. 775.082 or s.
1474 775.083; however, provided that this subsection does shall not
1475 prevent be construed as preventing the adoption of any book
1476 written in whole or in part by a Florida author.
1477 Section 23. Paragraphs (b) and (e) of subsection (1) and
1478 subsections (2) and (4) of section 1006.33, Florida Statutes,
1479 are amended to read:
1480 1006.33 Bids or proposals; advertisement and its contents.—
1481 (1)
1482 (b) The advertisement shall state that, beginning in 2010
1483 2011, each bidder shall furnish electronic specimen copies of
1484 all instructional materials submitted, at a time designated by
1485 the department, which specimen copies shall be identical with
1486 the copies approved and accepted by the members of the state
1487 instructional materials reviewers committee, as prescribed in
1488 this section, and with the copies furnished to the department
1489 and district school superintendents, as provided in this part.
1490 Any district school superintendent who requires samples in
1491 addition to the electronic format must request those samples
1492 through the department.
1493 (e) The advertisement shall give information as to how
1494 specifications that which have been adopted by the department in
1495 regard to digital specifications, including the capabilities for
1496 searching by state standards, site and student-level licensing,
1497 and format requirements paper, binding, cover boards, and
1498 mechanical makeup can be secured. In adopting specifications,
1499 the department shall make an exception for instructional
1500 materials that are college-level texts and that do not meet
1501 department physical specifications for secondary materials, if
1502 the publisher guarantees replacement during the term of the
1503 contract.
1504 (2) The bids submitted shall be for furnishing the
1505 designated materials in accordance with specifications of the
1506 department. The bid shall state the lowest wholesale price at
1507 which the materials will be furnished, at the time the adoption
1508 period provided in the contract begins, delivered f.o.b. to the
1509 Florida depository of the publisher, manufacturer, or bidder.
1510 (4) Specimen copies of all instructional materials that
1511 have been made the bases of contracts under this part shall,
1512 upon request for the purpose of public inspection, be made
1513 available by the publisher to the department and the district
1514 school superintendent of each district school board that adopts
1515 the instructional materials from the state list upon request for
1516 the purpose of public inspection. All contracts and bonds
1517 executed under this part shall be signed in triplicate. One copy
1518 of each contract and an original of each bid, whether accepted
1519 or rejected, shall be preserved with the department for at least
1520 3 years after termination of the contract.
1521 Section 24. Subsections (1), (2), (3), and (7) of section
1522 1006.34, Florida Statutes, are amended to read:
1523 1006.34 Powers and duties of the commissioner and the
1524 department in selecting and adopting instructional materials.—
1525 (1) PROCEDURES FOR EVALUATING INSTRUCTIONAL MATERIALS.—The
1526 State Board of Education shall adopt rules prescribing
1527 commissioner shall prescribe the procedures by which the
1528 department shall evaluate instructional materials submitted by
1529 publishers and manufacturers in each adoption. The rules shall
1530 be exempt from the legislative ratification requirement in s.
1531 120.541(3). Included in these procedures shall be provisions
1532 affording which afford each publisher or manufacturer or his or
1533 her representative an opportunity to provide a virtual
1534 presentation to expert reviewers on present to members of the
1535 state instructional materials committees the merits of each
1536 instructional material submitted in each adoption.
1537 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
1538 (a) The department shall notify all publishers and
1539 manufacturers of instructional materials who have submitted bids
1540 that within 3 weeks after the deadline for receiving bids, at a
1541 designated time and place, it will open the bids submitted and
1542 deposited with it. At the time and place designated, the bids
1543 shall be opened, read, and tabulated in the presence of the
1544 bidders or their representatives. No one may revise his or her
1545 bid after the bids have been filed. When all bids have been
1546 carefully considered, the commissioner shall, from the list of
1547 suitable, usable, and desirable instructional materials reported
1548 by the state instructional materials reviewers committee, select
1549 and adopt instructional materials for each grade and subject
1550 field in the curriculum of public elementary, middle, and high
1551 schools in which adoptions are made and in the subject areas
1552 designated in the advertisement. The adoption shall continue for
1553 the period specified in the advertisement, beginning on the
1554 ensuing April 1. The adoption shall not prevent the extension of
1555 a contract as provided in subsection (3). The commissioner shall
1556 always reserve the right to reject any and all bids. The
1557 commissioner may ask for new sealed bids from publishers or
1558 manufacturers whose instructional materials were recommended by
1559 the state instructional materials reviewers committee as
1560 suitable, usable, and desirable; specify the dates for filing
1561 such bids and the date on which they shall be opened; and
1562 proceed in all matters regarding the opening of bids and the
1563 awarding of contracts as required by this part. In all cases,
1564 bids shall be accompanied by a cash deposit or certified check
1565 of from $500 to $2,500, as the department commissioner may
1566 direct. The department, in adopting instructional materials,
1567 shall give due consideration both to the prices bid for
1568 furnishing instructional materials and to the report and
1569 recommendations of the state instructional materials reviewers
1570 committee. When the commissioner has finished with the report of
1571 the state instructional materials reviewers committee, the
1572 report shall be filed and preserved with the department and
1573 shall be available at all times for public inspection.
1574 (b) In the selection of instructional materials, library
1575 media books, and other reading material used in the public
1576 school system, the standards used to determine the propriety of
1577 the material shall include:
1578 1. The age of the students who normally could be expected
1579 to have access to the material.
1580 2. The educational purpose to be served by the material. In
1581 considering instructional materials for classroom use, priority
1582 shall be given to the selection of materials which encompass the
1583 state and district school board performance standards provided
1584 for in s. 1001.03(1) and which include the instructional
1585 objectives contained within the curriculum frameworks approved
1586 by rule of the State Board of Education.
1587 3. The degree to which the material would be supplemented
1588 and explained by mature classroom instruction as part of a
1589 normal classroom instructional program.
1590 4. The consideration of the broad racial, ethnic,
1591 socioeconomic, and cultural diversity of the students of this
1592 state.
1593
1594 Any No book or other material containing hard-core pornography
1595 or otherwise prohibited by s. 847.012 may not shall be used or
1596 made available within any public school district.
1597 (3) CONTRACT WITH PUBLISHERS OR MANUFACTURERS; BOND.—As
1598 soon as practicable after the commissioner has adopted any
1599 instructional materials and all bidders that have secured the
1600 adoption of any instructional materials have been notified
1601 thereof by registered letter, the department Department of Legal
1602 Affairs shall prepare a contract in proper form with every
1603 bidder awarded the adoption of any instructional materials. Each
1604 contract shall be executed by the commissioner Governor and
1605 Secretary of State under the seal of the state, one copy to be
1606 kept by the contractor, one copy to be filed with the Department
1607 of State, and one copy to be filed with the department. After
1608 giving due consideration to comments by the district school
1609 boards, the commissioner, with the agreement of the publisher,
1610 may extend or shorten a contract period for a period not to
1611 exceed 2 years; and the terms of any such contract shall remain
1612 the same as in the original contract. Any publisher or
1613 manufacturer to whom any contract is let under this part must
1614 give bond in such amount as the department commissioner
1615 requires, payable to the state, conditioned for the faithful,
1616 honest, and exact performance of the contract. The bond must
1617 provide for the payment of reasonable attorney’s fees in case of
1618 recovery in any suit thereon. The surety on the bond must be a
1619 guaranty or surety company lawfully authorized to do business in
1620 the state; however, the bond shall not be exhausted by a single
1621 recovery but may be sued upon from time to time until the full
1622 amount thereof is recovered, and the department may at any time,
1623 after giving 30 days’ notice, require additional security or
1624 additional bond. The form of any bond or bonds or contract or
1625 contracts under this part shall be prepared and approved by the
1626 department Department of Legal Affairs. At the discretion of the
1627 commissioner, a publisher or manufacturer to whom any contract
1628 is let under this part may be allowed a cash deposit in lieu of
1629 a bond, conditioned for the faithful, honest, and exact
1630 performance of the contract. The cash deposit, payable to the
1631 department, shall be placed in the Textbook Bid Trust Fund. The
1632 department may recover damages on the cash deposit given by the
1633 contractor for failure to furnish instructional materials, the
1634 sum recovered to inure to the General Revenue Fund.
1635 (7) FORFEITURE OF CONTRACT AND BOND.—If any publisher or
1636 manufacturer of instructional materials fails or refuses to
1637 furnish a book, or books, or other instructional materials as
1638 provided in the contract, the publisher’s or manufacturer’s his
1639 or her bond is forfeited and the commissioner must department
1640 shall make another contract containing on such terms as
1641 determined by it may find desirable, after giving due
1642 consideration to the recommendations of the commissioner.
1643 Section 25. Subsection (2) of section 1006.35, Florida
1644 Statutes, is amended to read:
1645 1006.35 Accuracy of instructional materials.—
1646 (2) When errors in state-adopted materials are confirmed,
1647 the publisher of the materials shall provide to each district
1648 school board that has purchased the materials the corrections in
1649 a format approved by the department commissioner.
1650 Section 26. Section 1006.36, Florida Statutes, is amended
1651 to read:
1652 1006.36 Term of adoption for instructional materials.—
1653 (1) The term of adoption of any instructional materials
1654 must be a 5-year 6-year period beginning on April 1 following
1655 the adoption, except that the commissioner may approve terms of
1656 adoption of less than 5 6 years for materials in content areas
1657 which require more frequent revision. Any contract for
1658 instructional materials may be extended as prescribed in s.
1659 1006.34(3).
1660 (2) The department shall publish annually an official
1661 schedule of subject areas to be called for adoption for each of
1662 the succeeding 2 years, and a tentative schedule for years 3, 4,
1663 and 5, and 6. If extenuating circumstances warrant, the
1664 commissioner may order the department to add one or more subject
1665 areas to the official schedule, in which event the commissioner
1666 shall develop criteria for such additional subject area or areas
1667 and make them available to publishers as soon as practicable
1668 before the date on which bids are due. The schedule shall be
1669 developed so as to promote balance among the subject areas so
1670 that the required expenditure for new instructional materials is
1671 approximately the same each year in order to maintain curricular
1672 consistency.
1673 Section 27. Section 1006.37, Florida Statutes, is repealed.
1674 Section 28. Subsections (2), (3), (5), and (6) and
1675 subsections (11) through (17) of section 1006.38, Florida
1676 Statutes, are amended to read:
1677 1006.38 Duties, responsibilities, and requirements of
1678 instructional materials publishers and manufacturers.—Publishers
1679 and manufacturers of instructional materials, or their
1680 representatives, shall:
1681 (2) Electronically deliver fully developed specimen copies
1682 of all instructional materials upon which bids are based to the
1683 department pursuant to procedures adopted by the State Board of
1684 Education each member of a state instructional materials
1685 committee. At the conclusion of the review process,
1686 manufacturers submitting samples of instructional materials are
1687 entitled to the return thereof, at the expense of the
1688 manufacturers; or, in the alternative, the manufacturers are
1689 entitled to reimbursement by the individual committee members
1690 for the retail value of the samples.
1691 (3) Submit, at a time designated in s. 1006.33, the
1692 following information:
1693 (a) Detailed specifications of the physical characteristics
1694 of the instructional materials, including any software or
1695 technological tools required for use of the instructional tool
1696 by the district, school, teachers, or students. The publisher or
1697 manufacturer shall comply with these specifications if the
1698 instructional materials are adopted and purchased in completed
1699 form.
1700 (b) Evidence Written proof that the publisher has provided
1701 materials that the user can vertically search, electronically
1702 gather, and organize by specific written correlations to
1703 appropriate curricular objectives included within applicable
1704 performance standards provided for in s. 1001.03(1).
1705 (5) Furnish the instructional materials offered by them at
1706 a price in the state which, including all costs of electronic
1707 transmission transportation to their depositories, may shall not
1708 exceed the lowest price at which they offer such instructional
1709 materials for adoption or sale to any state or school district
1710 in the United States.
1711 (6) Reduce automatically the price of the instructional
1712 materials to any district school board to the extent that
1713 reductions are made elsewhere in the United States. Publishers
1714 may offer sections of state-adopted instructional materials in
1715 digital or electronic versions at reduced rates to districts,
1716 schools, and teachers in this state.
1717 (11) Maintain or contract with a depository in the state.
1718 (12) For the core subject areas specified in s. 1006.40(2),
1719 maintain in the depository for the first 2 years of the contract
1720 an inventory of instructional materials sufficient to receive
1721 and fill orders.
1722 (11)(13) For the core subject areas specified in s.
1723 1006.40(2), ensure the availability of an inventory sufficient
1724 to receive and fill orders for instructional materials for
1725 growth, including the opening of a new school, and replacement
1726 during the 3rd and subsequent years of the original contract
1727 period.
1728 (14) For all other subject areas, maintain in the
1729 depository an inventory of instructional materials sufficient to
1730 receive and fill orders.
1731 (12)(15) Accurately and fully disclose only the names of
1732 those persons who actually authored the instructional materials.
1733 In addition to the penalties provided in subsection (14) (17),
1734 the commissioner may remove from the list of state-adopted
1735 instructional materials those instructional materials whose
1736 publisher or manufacturer misleads the purchaser by falsely
1737 representing genuine authorship.
1738 (13)(16) Grant, without prior written request, for any
1739 copyright held by the publisher or its agencies automatic
1740 permission to the department or its agencies for the
1741 reproduction of instructional materials textbooks and
1742 supplementary materials in braille or large print or in the form
1743 of sound recordings, for use by visually impaired students or
1744 other students with disabilities that would benefit from use of
1745 the materials.
1746 (14)(17) Upon the willful failure of the publisher or
1747 manufacturer to comply with the requirements of this section, be
1748 liable to the department in the amount of three 3 times the
1749 total sum which the publisher or manufacturer was paid in excess
1750 of the price required under subsections (5) and (6) and in the
1751 amount of three 3 times the total value of the instructional
1752 materials and services which the district school board is
1753 entitled to receive free of charge under subsection (7).
1754 Section 29. Subsection (5) of section 1006.39, Florida
1755 Statutes, is amended to read:
1756 1006.39 Production and dissemination of educational
1757 materials and products by department.—
1758 (5) The department shall not enter into the business of
1759 producing or publishing instructional materials textbooks, or
1760 the contents therein, for general use in classrooms.
1761 Section 30. Subsection (2), paragraph (a) of subsection
1762 (3), and subsection (4) of section 1006.40, Florida Statutes,
1763 are amended to read:
1764 1006.40 Use of instructional materials allocation;
1765 instructional materials, library books, and reference books;
1766 repair of books.—
1767 (2)(a) Each district school board must purchase current
1768 instructional materials to provide each student with a textbook
1769 or other instructional materials as a major tool of instruction
1770 in core courses of the appropriate subject areas of mathematics,
1771 language arts, science, social studies, reading, and literature
1772 for kindergarten through grade 12. Such purchase must be made
1773 within the first 2 years after the effective date of the
1774 adoption cycle; however, this requirement is waived for the
1775 adoption cycle occurring in the 2008-2009 academic year for
1776 schools within the district which are identified in the top four
1777 categories of schools pursuant to s. 1008.33, as amended by
1778 chapter 2009-144, Laws of Florida. The Commissioner of Education
1779 may provide a waiver of this requirement for the adoption cycle
1780 occurring in the 2008-2009 academic year if the district
1781 demonstrates that it has intervention and support strategies to
1782 address the particular needs of schools in the lowest two
1783 categories. Unless specifically provided for in the General
1784 Appropriations Act, the cost of instructional materials
1785 purchases required by this paragraph shall not exceed the amount
1786 of the district’s allocation for instructional materials,
1787 pursuant to s. 1011.67, for the previous 2 years.
1788 (b) The requirement in paragraph (a) does not apply to
1789 contracts in existence before April 1, 2000, or to a purchase
1790 related to growth of student membership in the district or for
1791 instructional materials maintenance needs.
1792 (3)(a) By 2012-2013, each district school board shall use
1793 at least 50 percent of the annual allocation for the purchase of
1794 digital, electronic, or web-based instructional materials
1795 included on the state-adopted list, except as otherwise
1796 authorized in paragraphs (b) and (c). No less than 50 percent of
1797 the annual allocation shall be used to purchase items which will
1798 be used to provide instruction to students at the level or
1799 levels for which the materials are designed.
1800 (4) Funds that are not used to purchase digital or web
1801 based instructional materials may be The funds described in
1802 subsection (3) which district school boards may use to purchase
1803 materials not on the state-adopted list shall be used for the
1804 purchase of instructional materials or other items having
1805 intellectual content which assist in the instruction of a
1806 subject or course. These items may be available in bound,
1807 unbound, kit, or package form and may consist of hardbacked or
1808 softbacked textbooks, electronic content, replacements for items
1809 which were part of previously purchased instructional materials,
1810 consumables, learning laboratories, manipulatives, electronic
1811 media, computer courseware or software, and other commonly
1812 accepted instructional tools as prescribed by district school
1813 board rule. If the district school board finds and declares in a
1814 resolution that all instructional materials purchases necessary
1815 to provide updated materials aligned to Next Generation Sunshine
1816 State Standards and benchmarks and that meet statutory
1817 requirements of content and learning have been completed for the
1818 fiscal year, but no sooner than March 1 of the fiscal year,
1819 available categorical funds for instructional materials may be
1820 used to purchase technology hardware that supports student
1821 access to digital instructional content. The funds available to
1822 district school boards for the purchase of materials not on the
1823 state-adopted list may not be used to purchase electronic or
1824 computer hardware even if such hardware is bundled with software
1825 or other electronic media unless the district school board has
1826 complied with the requirements in s. 1011.62(6)(b)5., nor may
1827 such funds be used to purchase equipment or supplies. However,
1828 when authorized to do so in the General Appropriations Act, a
1829 school or district school board may use a portion of the funds
1830 available to it for the purchase of materials not on the state
1831 adopted list to purchase science laboratory materials and
1832 supplies.
1833 Section 31. Section 1006.43, Florida Statutes, is amended
1834 to read:
1835 1006.43 Expenses; budget request.—
1836 (1) The commissioner shall include in the department’s
1837 annual legislative budget a request for funds in an amount
1838 sufficient to provide the necessary expense for:
1839 (a) The instructional materials reviewers committees.
1840 (b) Instructional materials for use by partially sighted
1841 students.
1842 (c) Other specific and necessary state expenses with regard
1843 to the instructional materials program.
1844 (2) The department may arrange for distribution adopted
1845 instructional materials that textbooks which are prepared in
1846 various media for the use of partially sighted children enrolled
1847 in the Florida schools.
1848 Section 32. Effective upon this act becoming a law,
1849 subsection (2) and paragraph (c) of subsection (3) of section
1850 1008.22, Florida Statutes, are amended to read:
1851 1008.22 Student assessment program for public schools.—
1852 (2) NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.—It is
1853 Florida’s intent to participate in the measurement of national
1854 educational goals. The Commissioner of Education shall direct
1855 Florida school districts to participate in the administration of
1856 the National Assessment of Educational Progress, or a similar
1857 national or international assessment program, both for the
1858 national sample and for any state-by-state comparison programs
1859 which may be initiated. The assessments must be conducted using
1860 the data collection procedures, the student surveys, the
1861 educator surveys, and other instruments included in the National
1862 Assessment of Educational Progress or similar national or
1863 international program being administered in Florida. The results
1864 of these assessments shall be included in the annual report of
1865 the Commissioner of Education specified in this section, as
1866 applicable. The administration of the National Assessment of
1867 Educational Progress or similar national or international
1868 program shall be in addition to and separate from the
1869 administration of the statewide assessment program. The
1870 requirement that school districts participate in international
1871 assessment programs shall expire June 30, 2016.
1872 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
1873 design and implement a statewide program of educational
1874 assessment that provides information for the improvement of the
1875 operation and management of the public schools, including
1876 schools operating for the purpose of providing educational
1877 services to youth in Department of Juvenile Justice programs.
1878 The commissioner may enter into contracts for the continued
1879 administration of the assessment, testing, and evaluation
1880 programs authorized and funded by the Legislature. Contracts may
1881 be initiated in 1 fiscal year and continue into the next and may
1882 be paid from the appropriations of either or both fiscal years.
1883 The commissioner is authorized to negotiate for the sale or
1884 lease of tests, scoring protocols, test scoring services, and
1885 related materials developed pursuant to law. Pursuant to the
1886 statewide assessment program, the commissioner shall:
1887 (c) Develop and implement a student achievement testing
1888 program as follows:
1889 1. The Florida Comprehensive Assessment Test (FCAT)
1890 measures a student’s content knowledge and skills in reading,
1891 writing, science, and mathematics. The content knowledge and
1892 skills assessed by the FCAT must be aligned to the core
1893 curricular content established in the Next Generation Sunshine
1894 State Standards. Other content areas may be included as directed
1895 by the commissioner. Comprehensive assessments of reading and
1896 mathematics shall be administered annually in grades 3 through
1897 10 except, beginning with the 2010-2011 school year, the
1898 administration of grade 9 FCAT Mathematics shall be
1899 discontinued, and beginning with the 2011-2012 school year, the
1900 administration of grade 10 FCAT Mathematics shall be
1901 discontinued, except as required for students who have not
1902 attained minimum performance expectations for graduation as
1903 provided in paragraph (9)(c). FCAT Writing and FCAT Science
1904 shall be administered at least once at the elementary, middle,
1905 and high school levels except, beginning with the 2011-2012
1906 school year, the administration of FCAT Science at the high
1907 school level shall be discontinued.
1908 2.a. End-of-course assessments for a subject shall be
1909 administered in addition to the comprehensive assessments
1910 required under subparagraph 1. End-of-course assessments must be
1911 rigorous, statewide, standardized, and developed or approved by
1912 the department. The content knowledge and skills assessed by
1913 end-of-course assessments must be aligned to the core curricular
1914 content established in the Next Generation Sunshine State
1915 Standards.
1916 (I) Statewide, standardized end-of-course assessments in
1917 mathematics shall be administered according to this sub-sub
1918 subparagraph. Beginning with the 2010-2011 school year, all
1919 students enrolled in Algebra I or an equivalent course must take
1920 the Algebra I end-of-course assessment. Students who earned high
1921 school credit in Algebra I while in grades 6 through 8 during
1922 the 2007-2008 through 2009-2010 school years and who have not
1923 taken Grade 10 FCAT Mathematics must take the Algebra I end-of
1924 course assessment during the 2010-2011 school year. For students
1925 entering grade 9 during the 2010-2011 school year and who are
1926 enrolled in Algebra I or an equivalent, each student’s
1927 performance on the end-of-course assessment in Algebra I shall
1928 constitute 30 percent of the student’s final course grade.
1929 Beginning with students entering grade 9 in the 2011-2012 school
1930 year, a student who is enrolled in Algebra I or an equivalent
1931 must earn a passing score on the end-of-course assessment in
1932 Algebra I or attain an equivalent score as described in
1933 subsection (11) in order to earn course credit. Beginning with
1934 the 2011-2012 school year, all students enrolled in geometry or
1935 an equivalent course must take the geometry end-of-course
1936 assessment. For students entering grade 9 during the 2011-2012
1937 school year, each student’s performance on the end-of-course
1938 assessment in geometry shall constitute 30 percent of the
1939 student’s final course grade. Beginning with students entering
1940 grade 9 during the 2012-2013 school year, a student must earn a
1941 passing score on the end-of-course assessment in geometry or
1942 attain an equivalent score as described in subsection (11) in
1943 order to earn course credit.
1944 (II) Statewide, standardized end-of-course assessments in
1945 science shall be administered according to this sub-sub
1946 subparagraph. Beginning with the 2011-2012 school year, all
1947 students enrolled in Biology I or an equivalent course must take
1948 the Biology I end-of-course assessment. For the 2011-2012 school
1949 year, each student’s performance on the end-of-course assessment
1950 in Biology I shall constitute 30 percent of the student’s final
1951 course grade. Beginning with students entering grade 9 during
1952 the 2012-2013 school year, a student must earn a passing score
1953 on the end-of-course assessment in Biology I in order to earn
1954 course credit.
1955 b. During the 2012-2013 school year, an end-of-course
1956 assessment in civics education shall be administered as a field
1957 test at the middle school level. During the 2013-2014 school
1958 year, each student’s performance on the statewide, standardized
1959 end-of-course assessment in civics education shall constitute 30
1960 percent of the student’s final course grade. Beginning with the
1961 2014-2015 school year, a student must earn a passing score on
1962 the end-of-course assessment in civics education in order to
1963 pass the course and be promoted from the middle grades receive
1964 course credit. The school principal of a middle school shall
1965 determine, in accordance with State Board of Education rule,
1966 whether a student who transfers to the middle school and who has
1967 successfully completed a civics education course at the
1968 student’s previous school must take an end-of-course assessment
1969 in civics education.
1970 c. The commissioner may select one or more nationally
1971 developed comprehensive examinations, which may include, but
1972 need not be limited to, examinations for a College Board
1973 Advanced Placement course, International Baccalaureate course,
1974 or Advanced International Certificate of Education course, or
1975 industry-approved examinations to earn national industry
1976 certifications identified in the Industry Certification Funding
1977 List, pursuant to rules adopted by the State Board of Education,
1978 for use as end-of-course assessments under this paragraph, if
1979 the commissioner determines that the content knowledge and
1980 skills assessed by the examinations meet or exceed the grade
1981 level expectations for the core curricular content established
1982 for the course in the Next Generation Sunshine State Standards.
1983 The commissioner may collaborate with the American Diploma
1984 Project in the adoption or development of rigorous end-of-course
1985 assessments that are aligned to the Next Generation Sunshine
1986 State Standards.
1987 d. Contingent upon funding provided in the General
1988 Appropriations Act, including the appropriation of funds
1989 received through federal grants, the Commissioner of Education
1990 shall establish an implementation schedule for the development
1991 and administration of additional statewide, standardized end-of
1992 course assessments in English/Language Arts II, Algebra II,
1993 chemistry, physics, earth/space science, United States history,
1994 and world history. Priority shall be given to the development of
1995 end-of-course assessments in English/Language Arts II. The
1996 Commissioner of Education shall evaluate the feasibility and
1997 effect of transitioning from the grade 9 and grade 10 FCAT
1998 Reading and high school level FCAT Writing to an end-of-course
1999 assessment in English/Language Arts II. The commissioner shall
2000 report the results of the evaluation to the President of the
2001 Senate and the Speaker of the House of Representatives no later
2002 than July 1, 2011.
2003 3. The testing program shall measure student content
2004 knowledge and skills adopted by the State Board of Education as
2005 specified in paragraph (a) and measure and report student
2006 performance levels of all students assessed in reading, writing,
2007 mathematics, and science. The commissioner shall provide for the
2008 tests to be developed or obtained, as appropriate, through
2009 contracts and project agreements with private vendors, public
2010 vendors, public agencies, postsecondary educational
2011 institutions, or school districts. The commissioner shall obtain
2012 input with respect to the design and implementation of the
2013 testing program from state educators, assistive technology
2014 experts, and the public.
2015 4. The testing program shall be composed of criterion
2016 referenced tests that shall, to the extent determined by the
2017 commissioner, include test items that require the student to
2018 produce information or perform tasks in such a way that the core
2019 content knowledge and skills he or she uses can be measured.
2020 5. FCAT Reading, Mathematics, and Science and all
2021 statewide, standardized end-of-course assessments shall measure
2022 the content knowledge and skills a student has attained on the
2023 assessment by the use of scaled scores and achievement levels.
2024 Achievement levels shall range from 1 through 5, with level 1
2025 being the lowest achievement level, level 5 being the highest
2026 achievement level, and level 3 indicating satisfactory
2027 performance on an assessment. For purposes of FCAT Writing,
2028 student achievement shall be scored using a scale of 1 through 6
2029 and the score earned shall be used in calculating school grades.
2030 A score shall be designated for each subject area tested, below
2031 which score a student’s performance is deemed inadequate. The
2032 school districts shall provide appropriate remedial instruction
2033 to students who score below these levels.
2034 6. The State Board of Education shall, by rule, designate a
2035 passing score for each part of the grade 10 assessment test and
2036 end-of-course assessments. Any rule that has the effect of
2037 raising the required passing scores may apply only to students
2038 taking the assessment for the first time after the rule is
2039 adopted by the State Board of Education. Except as otherwise
2040 provided in this subparagraph and as provided in s.
2041 1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
2042 passing score on grade 10 FCAT Reading and grade 10 FCAT
2043 Mathematics or attain concordant scores as described in
2044 subsection (10) in order to qualify for a standard high school
2045 diploma.
2046 7. In addition to designating a passing score under
2047 subparagraph 6., the State Board of Education shall also
2048 designate, by rule, a score for each statewide, standardized
2049 end-of-course assessment which indicates that a student is high
2050 achieving and has the potential to meet college-readiness
2051 standards by the time the student graduates from high school.
2052 8. Participation in the testing program is mandatory for
2053 all students attending public school, including students served
2054 in Department of Juvenile Justice programs, except as otherwise
2055 prescribed by the commissioner. A student who has not earned
2056 passing scores on the grade 10 FCAT as provided in subparagraph
2057 6. must participate in each retake of the assessment until the
2058 student earns passing scores or achieves scores on a
2059 standardized assessment which are concordant with passing scores
2060 pursuant to subsection (10). If a student does not participate
2061 in the statewide assessment, the district must notify the
2062 student’s parent and provide the parent with information
2063 regarding the implications of such nonparticipation. A parent
2064 must provide signed consent for a student to receive classroom
2065 instructional accommodations that would not be available or
2066 permitted on the statewide assessments and must acknowledge in
2067 writing that he or she understands the implications of such
2068 instructional accommodations. The State Board of Education shall
2069 adopt rules, based upon recommendations of the commissioner, for
2070 the provision of test accommodations for students in exceptional
2071 education programs and for students who have limited English
2072 proficiency. Accommodations that negate the validity of a
2073 statewide assessment are not allowable in the administration of
2074 the FCAT or an end-of-course assessment. However, instructional
2075 accommodations are allowable in the classroom if included in a
2076 student’s individual education plan. Students using
2077 instructional accommodations in the classroom that are not
2078 allowable as accommodations on the FCAT or an end-of-course
2079 assessment may have the FCAT or an end-of-course assessment
2080 requirement waived pursuant to the requirements of s.
2081 1003.428(8)(b) or s. 1003.43(11)(b).
2082 9. A student seeking an adult high school diploma must meet
2083 the same testing requirements that a regular high school student
2084 must meet.
2085 10. District school boards must provide instruction to
2086 prepare students in the core curricular content established in
2087 the Next Generation Sunshine State Standards adopted under s.
2088 1003.41, including the core content knowledge and skills
2089 necessary for successful grade-to-grade progression and high
2090 school graduation. If a student is provided with instructional
2091 accommodations in the classroom that are not allowable as
2092 accommodations in the statewide assessment program, as described
2093 in the test manuals, the district must inform the parent in
2094 writing and must provide the parent with information regarding
2095 the impact on the student’s ability to meet expected performance
2096 levels in reading, writing, mathematics, and science. The
2097 commissioner shall conduct studies as necessary to verify that
2098 the required core curricular content is part of the district
2099 instructional programs.
2100 11. District school boards must provide opportunities for
2101 students to demonstrate an acceptable performance level on an
2102 alternative standardized assessment approved by the State Board
2103 of Education following enrollment in summer academies.
2104 12. The Department of Education must develop, or select,
2105 and implement a common battery of assessment tools that will be
2106 used in all juvenile justice programs in the state. These tools
2107 must accurately measure the core curricular content established
2108 in the Next Generation Sunshine State Standards.
2109 13. For students seeking a special diploma pursuant to s.
2110 1003.438, the Department of Education must develop or select and
2111 implement an alternate assessment tool that accurately measures
2112 the core curricular content established in the Next Generation
2113 Sunshine State Standards for students with disabilities under s.
2114 1003.438.
2115 14. The Commissioner of Education shall establish schedules
2116 for the administration of statewide assessments and the
2117 reporting of student test results. When establishing the
2118 schedules for the administration of statewide assessments, the
2119 commissioner shall consider the observance of religious and
2120 school holidays. The commissioner shall, by August 1 of each
2121 year, notify each school district in writing and publish on the
2122 department’s Internet website the testing and reporting
2123 schedules for, at a minimum, the school year following the
2124 upcoming school year. The testing and reporting schedules shall
2125 require that:
2126 a. There is the latest possible administration of statewide
2127 assessments and the earliest possible reporting to the school
2128 districts of student test results which is feasible within
2129 available technology and specific appropriations; however, test
2130 results for the FCAT must be made available no later than the
2131 week of June 8. Student results for end-of-course assessments
2132 must be provided no later than 1 week after the school district
2133 completes testing for each course. The commissioner may extend
2134 the reporting schedule as he or she determines necessary.
2135 b. Beginning with the 2010-2011 school year, FCAT Writing
2136 is not administered earlier than the week of March 1 and a
2137 comprehensive statewide assessment of any other subject is not
2138 administered earlier than the week of April 15, unless the
2139 commissioner determines otherwise.
2140 c. A statewide, standardized end-of-course assessment is
2141 administered during a 3-week period at the end of the course.
2142 The commissioner shall select a 3-week administration period for
2143 assessments that meets the intent of end-of-course assessments
2144 and provides student results prior to the end of the course.
2145 School districts shall select 1 testing week within the 3-week
2146 administration period for each end-of-course assessment. For an
2147 end-of-course assessment administered at the end of the first
2148 semester, the commissioner shall determine the most appropriate
2149 testing dates based on a school district’s academic calendar.
2150
2151 The commissioner may, based on collaboration and input from
2152 school districts, design and implement student testing programs,
2153 for any grade level and subject area, necessary to effectively
2154 monitor educational achievement in the state, including the
2155 measurement of educational achievement of the Next Generation
2156 Sunshine State Standards for students with disabilities.
2157 Development and refinement of assessments shall include
2158 universal design principles and accessibility standards that
2159 will prevent any unintended obstacles for students with
2160 disabilities while ensuring the validity and reliability of the
2161 test. These principles should be applicable to all technology
2162 platforms and assistive devices available for the assessments.
2163 The field testing process and psychometric analyses for the
2164 statewide assessment program must include an appropriate
2165 percentage of students with disabilities and an evaluation or
2166 determination of the effect of test items on such students.
2167 Section 33. Paragraph (b) of subsection (3) and subsection
2168 (4) of section 1008.33, Florida Statutes, are amended to read:
2169 1008.33 Authority to enforce public school improvement.—
2170 (3)
2171 (b) For the purpose of determining whether a public school
2172 requires action to achieve a sufficient level of school
2173 improvement, the Department of Education shall annually
2174 categorize a public school in one of six categories based on the
2175 following:
2176 1. The portion of a school’s grade based on statewide
2177 assessments administered pursuant to s. 1008.22; and
2178 2. school’s grade, pursuant to s. 1008.34, and The level
2179 and rate of change in student performance in the areas of
2180 reading and mathematics, disaggregated into student subgroups as
2181 described in the federal Elementary and Secondary Education Act,
2182 20 U.S.C. s. 6311(b)(2)(C)(v)(II).
2183 (4) The Department of Education shall create a matrix that
2184 reflects intervention and support strategies to address the
2185 particular needs of schools in each category. For purposes of
2186 this subsection, a school’s grade shall be calculated in
2187 accordance with paragraph (3)(b).
2188 (a) Intervention and support strategies shall be applied to
2189 schools based upon the school categorization. The Department of
2190 Education shall apply the most intense intervention strategies
2191 to the lowest-performing schools. For all but the lowest
2192 category and “F” schools in the second lowest category, the
2193 intervention and support strategies shall be administered solely
2194 by the districts and the schools.
2195 (b) Beginning with the school grades calculated in
2196 accordance with paragraph (3)(b) for the 2010-2011 school year,
2197 the lowest-performing schools are schools that have received:
2198 1. a grade of “F” in the most recent school year and in 2 4
2199 of the last 4 6 years; or
2200 2. A grade of “D” or “F” in the most recent school year and
2201 meet at least three of the following criteria:
2202 a. The percentage of students who are not proficient in
2203 reading has increased when compared to measurements taken 5
2204 years previously;
2205 b. The percentage of students who are not proficient in
2206 mathematics has increased when compared to measurements taken 5
2207 years previously;
2208 c. At least 65 percent of the school’s students are not
2209 proficient in reading; or
2210 d. At least 65 percent of the school’s students are not
2211 proficient in mathematics.
2212 Section 34. Subsection (3) of section 1008.34, Florida
2213 Statutes, is amended to read:
2214 1008.34 School grading system; school report cards;
2215 district grade.—
2216 (3) DESIGNATION OF SCHOOL GRADES.—
2217 (a) Each school that has students who are tested and
2218 included in the school grading system shall receive a school
2219 grade, except as follows:
2220 1. A school shall not receive a school grade if the number
2221 of its students tested and included in the school grading system
2222 is less than the minimum sample size necessary, based on
2223 accepted professional practice, for statistical reliability and
2224 prevention of the unlawful release of personally identifiable
2225 student data under s. 1002.22 or 20 U.S.C. s. 1232g.
2226 2. An alternative school may choose to receive a school
2227 grade under this section or a school improvement rating under s.
2228 1008.341. For charter schools that meet the definition of an
2229 alternative school pursuant to State Board of Education rule,
2230 the decision to receive a school grade is the decision of the
2231 charter school governing board.
2232 3. A school that serves any combination of students in
2233 kindergarten through grade 3 which does not receive a school
2234 grade because its students are not tested and included in the
2235 school grading system shall receive the school grade designation
2236 of a K-3 feeder pattern school identified by the Department of
2237 Education and verified by the school district. A school feeder
2238 pattern exists if at least 60 percent of the students in the
2239 school serving a combination of students in kindergarten through
2240 grade 3 are scheduled to be assigned to the graded school.
2241 (b)1. A school’s grade shall be based on a combination of:
2242 a. Student achievement scores, including achievement on all
2243 FCAT assessments administered under s. 1008.22(3)(c)1., end-of
2244 course assessments administered under s. 1008.22(3)(c)2.a., and
2245 achievement scores for students seeking a special diploma.
2246 b. Student learning gains in reading and mathematics as
2247 measured by FCAT and end-of-course assessments, as described in
2248 s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
2249 a special diploma, as measured by an alternate assessment tool,
2250 shall be included not later than the 2009-2010 school year.
2251 c. Improvement of the lowest 25th percentile of students in
2252 the school in reading and mathematics on the FCAT or end-of
2253 course assessments described in s. 1008.22(3)(c)2.a., unless
2254 these students are exhibiting satisfactory performance.
2255 2. Beginning with the 2011-2012 school year, for schools
2256 comprised of middle school grades 6 through 8 or grades 7 and 8,
2257 the schools’ grade shall include the performance and
2258 participation of its students in high school level courses with
2259 end-of-course assessments administered under s.
2260 1008.22(3)(c)2.a.
2261 3.2. Beginning with the 2009-2010 school year for schools
2262 comprised of high school grades 9, 10, 11, and 12, or grades 10,
2263 11, and 12, 50 percent of the school grade shall be based on a
2264 combination of the factors listed in sub-subparagraphs 1.a.-c.
2265 and the remaining 50 percent on the following factors:
2266 a. The high school graduation rate of the school;
2267 b. As valid data becomes available, the performance and
2268 participation of the school’s students in College Board Advanced
2269 Placement courses, International Baccalaureate courses, dual
2270 enrollment courses, and Advanced International Certificate of
2271 Education courses; and the students’ achievement of national
2272 industry certification identified in the Industry Certification
2273 Funding List, pursuant to rules adopted by the State Board of
2274 Education;
2275 c. Postsecondary readiness of the school’s students as
2276 measured by the SAT, ACT, or the common placement test;
2277 d. The high school graduation rate of at-risk students who
2278 scored at Level 2 or lower on the grade 8 FCAT Reading and
2279 Mathematics examinations;
2280 e. As valid data becomes available, the performance of the
2281 school’s students on statewide standardized end-of-course
2282 assessments administered under s. 1008.22(3)(c)2.b. and c.; and
2283 f. The growth or decline in the components listed in sub
2284 subparagraphs a.-e. from year to year.
2285 (c) Student assessment data used in determining school
2286 grades shall include:
2287 1. The aggregate scores of all eligible students enrolled
2288 in the school who have been assessed on the FCAT and statewide,
2289 standardized end-of-course assessments in courses required for
2290 high school graduation, including, beginning with the 2010-2011
2291 school year, the end-of-course assessment in Algebra I; and
2292 beginning with the 2011-2012 school year, the end-of-course
2293 assessments in geometry and Biology; and beginning with the
2294 2013-2014 school year, on the statewide, standardized end-of
2295 course assessment in civics education at the middle school
2296 level.
2297 2. The aggregate scores of all eligible students enrolled
2298 in the school who have been assessed on the FCAT and end-of
2299 course assessments as described in s. 1008.22(3)(c)2.a., and who
2300 have scored at or in the lowest 25th percentile of students in
2301 the school in reading and mathematics, unless these students are
2302 exhibiting satisfactory performance.
2303 3. The achievement scores and learning gains of eligible
2304 students attending alternative schools that provide dropout
2305 prevention and academic intervention services pursuant to s.
2306 1003.53. The term “eligible students” in this subparagraph does
2307 not include students attending an alternative school who are
2308 subject to district school board policies for expulsion for
2309 repeated or serious offenses, who are in dropout retrieval
2310 programs serving students who have officially been designated as
2311 dropouts, or who are in programs operated or contracted by the
2312 Department of Juvenile Justice. The student performance data for
2313 eligible students identified in this subparagraph shall be
2314 included in the calculation of the home school’s grade. As used
2315 in this subparagraph section and s. 1008.341, the term “home
2316 school” means the school to which the student would be assigned
2317 if the student were not assigned to an alternative school. If an
2318 alternative school chooses to be graded under this section,
2319 student performance data for eligible students identified in
2320 this subparagraph shall not be included in the home school’s
2321 grade but shall be included only in the calculation of the
2322 alternative school’s grade. A school district that fails to
2323 assign the FCAT and end-of-course assessment as described in s.
2324 1008.22(3)(c)2.a. scores of each of its students to his or her
2325 home school or to the alternative school that receives a grade
2326 shall forfeit Florida School Recognition Program funds for 1
2327 fiscal year. School districts must require collaboration between
2328 the home school and the alternative school in order to promote
2329 student success. This collaboration must include an annual
2330 discussion between the principal of the alternative school and
2331 the principal of each student’s home school concerning the most
2332 appropriate school assignment of the student.
2333 4. The achievement scores and learning gains of students
2334 designated as hospital or homebound. Student assessment data for
2335 students designated as hospital or homebound shall be assigned
2336 to their home school for the purposes of school grades. As used
2337 in this subparagraph, the term “home school” means the school to
2338 which a student would be assigned if the student were not
2339 assigned to a hospital or homebound program.
2340 5.4. For schools comprised of high school grades 9, 10, 11,
2341 and 12, or grades 10, 11, and 12, the data listed in
2342 subparagraphs 1.-3. and the following data as the Department of
2343 Education determines such data are valid and available:
2344 a. The high school graduation rate of the school as
2345 calculated by the Department of Education;
2346 b. The participation rate of all eligible students enrolled
2347 in the school and enrolled in College Board Advanced Placement
2348 courses; International Baccalaureate courses; dual enrollment
2349 courses; Advanced International Certificate of Education
2350 courses; and courses or sequence of courses leading to national
2351 industry certification identified in the Industry Certification
2352 Funding List, pursuant to rules adopted by the State Board of
2353 Education;
2354 c. The aggregate scores of all eligible students enrolled
2355 in the school in College Board Advanced Placement courses,
2356 International Baccalaureate courses, and Advanced International
2357 Certificate of Education courses;
2358 d. Earning of college credit by all eligible students
2359 enrolled in the school in dual enrollment programs under s.
2360 1007.271;
2361 e. Earning of a national industry certification identified
2362 in the Industry Certification Funding List, pursuant to rules
2363 adopted by the State Board of Education;
2364 f. The aggregate scores of all eligible students enrolled
2365 in the school in reading, mathematics, and other subjects as
2366 measured by the SAT, the ACT, and the common placement test for
2367 postsecondary readiness;
2368 g. The high school graduation rate of all eligible at-risk
2369 students enrolled in the school who scored at Level 2 or lower
2370 on the grade 8 FCAT Reading and Mathematics examinations;
2371 h. The performance of the school’s students on statewide
2372 standardized end-of-course assessments administered under s.
2373 1008.22(3)(c)2.b. and c.; and
2374 i. The growth or decline in the data components listed in
2375 sub-subparagraphs a.-h. from year to year.
2376 (d) Notwithstanding the requirements in paragraphs (b) and
2377 (c), beginning with the 2011-2012 school year, a school that
2378 does not meet the minimum proficiency standards established by
2379 the State Board of Education shall receive a school grade of
2380 “F.” A definition of minimum proficiency must include a minimum
2381 percent of students proficient in reading and may include
2382 significant gains from the prior year as a condition for waiving
2383 this paragraph.
2384
2385 The State Board of Education shall adopt appropriate criteria
2386 for each school grade. The criteria must also give added weight
2387 to student achievement in reading. Schools designated with a
2388 grade of “C,” making satisfactory progress, shall be required to
2389 demonstrate that adequate progress has been made by students in
2390 the school who are in the lowest 25th percentile in reading and
2391 mathematics on the FCAT and end-of-course assessments as
2392 described in s. 1008.22(3)(c)2.a., unless these students are
2393 exhibiting satisfactory performance. Beginning with the 2009
2394 2010 school year for schools comprised of high school grades 9,
2395 10, 11, and 12, or grades 10, 11, and 12, the criteria for
2396 school grades must also give added weight to the graduation rate
2397 of all eligible at-risk students, as defined in this paragraph.
2398 Beginning in the 2009-2010 school year, in order for a high
2399 school to be designated as having a grade of “A,” making
2400 excellent progress, the school must demonstrate that at-risk
2401 students, as defined in this paragraph, in the school are making
2402 adequate progress.
2403 Section 35. Paragraph (a) of subsection (3) of section
2404 1011.01, Florida Statutes, is amended to read:
2405 1011.01 Budget system established.—
2406 (3)(a) Each district school board and each community
2407 college board of trustees shall prepare, adopt, and submit to
2408 the Commissioner of Education for review an annual operating
2409 budget. Operating budgets shall be prepared and submitted in
2410 accordance with the provisions of law, rules of the State Board
2411 of Education, the General Appropriations Act, and for district
2412 school boards in accordance with the provisions of ss. 200.065
2413 and 1011.64.
2414 Section 36. Subsection (4) of section 1011.03, Florida
2415 Statutes, is amended to read:
2416 1011.03 Public hearings; budget to be submitted to
2417 Department of Education.—
2418 (4) The board shall hold public hearings to adopt tentative
2419 and final budgets pursuant to s. 200.065. The hearings shall be
2420 primarily for the purpose of hearing requests and complaints
2421 from the public regarding the budgets and the proposed tax
2422 levies and for explaining the budget and proposed or adopted
2423 amendments thereto, if any. The district school board shall then
2424 require the superintendent to transmit forthwith two copies of
2425 the adopted budget to the Department of Education for approval
2426 as prescribed by law and rules of the State Board of Education.
2427 Section 37. Subsection (1) of section 1011.61, Florida
2428 Statutes, is amended to read:
2429 1011.61 Definitions.—Notwithstanding the provisions of s.
2430 1000.21, the following terms are defined as follows for the
2431 purposes of the Florida Education Finance Program:
2432 (1) A “full-time equivalent student” in each program of the
2433 district is defined in terms of full-time students and part-time
2434 students as follows:
2435 (a) A “full-time student” is one student on the membership
2436 roll of one school program or a combination of school programs
2437 listed in s. 1011.62(1)(c) for the school year or the equivalent
2438 for:
2439 1. Instruction in a standard school, comprising not less
2440 than 900 net hours for a student in or at the grade level of 4
2441 through 12, or not less than 720 net hours for a student in or
2442 at the grade level of kindergarten through grade 3 or in an
2443 authorized prekindergarten exceptional program;
2444 2. Instruction in a double-session school or a school
2445 utilizing an experimental school calendar approved by the
2446 Department of Education, comprising not less than the equivalent
2447 of 810 net hours in grades 4 through 12 or not less than 630 net
2448 hours in kindergarten through grade 3; or
2449 3. Instruction comprising the appropriate number of net
2450 hours set forth in subparagraph 1. or subparagraph 2. for
2451 students who, within the past year, have moved with their
2452 parents for the purpose of engaging in the farm labor or fish
2453 industries, if a plan furnishing such an extended school day or
2454 week, or a combination thereof, has been approved by the
2455 commissioner. Such plan may be approved to accommodate the needs
2456 of migrant students only or may serve all students in schools
2457 having a high percentage of migrant students. The plan described
2458 in this subparagraph is optional for any school district and is
2459 not mandated by the state.
2460 (b) A “part-time student” is a student on the active
2461 membership roll of a school program or combination of school
2462 programs listed in s. 1011.62(1)(c) who is less than a full-time
2463 student.
2464 (c)1. A “full-time equivalent student” is:
2465 a. A full-time student in any one of the programs listed in
2466 s. 1011.62(1)(c); or
2467 b. A combination of full-time or part-time students in any
2468 one of the programs listed in s. 1011.62(1)(c) which is the
2469 equivalent of one full-time student based on the following
2470 calculations:
2471 (I) A full-time student, except a postsecondary or adult
2472 student or a senior high school student enrolled in adult
2473 education when such courses are required for high school
2474 graduation, in a combination of programs listed in s.
2475 1011.62(1)(c) shall be a fraction of a full-time equivalent
2476 membership in each special program equal to the number of net
2477 hours per school year for which he or she is a member, divided
2478 by the appropriate number of hours set forth in subparagraph
2479 (a)1. or subparagraph (a)2. The difference between that fraction
2480 or sum of fractions and the maximum value as set forth in
2481 subsection (4) for each full-time student is presumed to be the
2482 balance of the student’s time not spent in such special
2483 education programs and shall be recorded as time in the
2484 appropriate basic program.
2485 (II) A prekindergarten handicapped student shall meet the
2486 requirements specified for kindergarten students.
2487 (III) A full-time equivalent student for students in
2488 kindergarten through grade 5 in a school district virtual
2489 instruction program under s. 1002.45 shall consist of a student
2490 who has successfully completed a basic program listed in s.
2491 1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
2492 level.
2493 (IV) A full-time equivalent student for students in grades
2494 6 through 8 12 in a school district virtual instruction program
2495 under s. 1002.45(1)(b)1. and 2. shall consist of six full
2496 successful course credit completions in programs listed in s.
2497 1011.62(1)(c)1.b. or c. and 3. A full-time equivalent student
2498 for students in grades 9 through 12 in a school district virtual
2499 instruction program under s. 1002.45(1)(b)1. and 2. shall
2500 consist of six full credit completions in programs listed in s.
2501 1011.62(1)(c)1.c. or 3. Successful course Credit completions for
2502 students in grades 6 through 8 can be a combination of either
2503 successful semester or full-course completions full credits or
2504 half credits. Successful credit completions for students in
2505 grades 9 through 12 can be a combination of either credits or
2506 half credits.
2507 (V) A Florida Virtual School full-time equivalent student
2508 shall consist of six full successful course completions for
2509 students in grades 4 through 8 credit completions in the
2510 programs listed in s. 1011.62(1)(c)1.b. for grades 6 through 8
2511 and the programs listed in s. 1011.62(1)(c)1.c. for grades 9
2512 through 12. A Florida Virtual School full-time equivalent
2513 student shall consist of six full credit completions for grades
2514 9 through 12 in the programs listed in s. 1011.62(1)(c)1.c. and
2515 3. Credit or course completions can be a combination of either
2516 successful semester or full-course completions for grades 6
2517 through 8 and full credits and half-credits for grades 9 through
2518 12 full credits or half credits.
2519 (VI) Each successfully completed credit earned under the
2520 alternative high school course credit requirements authorized in
2521 s. 1002.375, which is not reported as a portion of the 900 net
2522 hours of instruction pursuant to subparagraph (1)(a)1., shall be
2523 calculated as 1/6 FTE.
2524 2. A student in membership in a program scheduled for more
2525 or less than 180 school days or the equivalent on an hourly
2526 basis as specified by rules of the State Board of Education is a
2527 fraction of a full-time equivalent membership equal to the
2528 number of instructional hours in membership divided by the
2529 appropriate number of hours set forth in subparagraph (a)1.;
2530 however, for the purposes of this subparagraph, membership in
2531 programs scheduled for more than 180 days is limited to students
2532 enrolled in juvenile justice education programs and the Florida
2533 Virtual School.
2534
2535 The department shall determine and implement an equitable method
2536 of equivalent funding for experimental schools and for schools
2537 operating under emergency conditions, which schools have been
2538 approved by the department to operate for less than the minimum
2539 school day.
2540 Section 38. Paragraph (p) of subsection (1) and paragraph
2541 (b) of subsection (6) of section 1011.62, Florida Statutes, are
2542 amended to read:
2543 1011.62 Funds for operation of schools.—If the annual
2544 allocation from the Florida Education Finance Program to each
2545 district for operation of schools is not determined in the
2546 annual appropriations act or the substantive bill implementing
2547 the annual appropriations act, it shall be determined as
2548 follows:
2549 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
2550 OPERATION.—The following procedure shall be followed in
2551 determining the annual allocation to each district for
2552 operation:
2553 (p) Calculation of additional full-time equivalent
2554 membership based on certification of successful completion of
2555 industry-certified career and professional academy programs
2556 pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
2557 in the Industry Certified Funding List pursuant to rules adopted
2558 by the State Board of Education.—A maximum value of 0.3 full
2559 time equivalent student membership shall be calculated for each
2560 student who completes an industry-certified career and
2561 professional academy program under ss. 1003.491, 1003.492, and
2562 1003.493 and who is issued the highest level of industry
2563 certification identified annually in the Industry Certification
2564 Funding List approved under rules adopted by the State Board of
2565 Education and a high school diploma. The value of the full-time
2566 equivalent student membership shall be determined by weights
2567 adopted by the State Board of Education pursuant to s. 1003.492.
2568 Such value shall be added to the total full-time equivalent
2569 student membership in secondary career education programs for
2570 grades 9 through 12 in the subsequent year for courses that were
2571 not funded through dual enrollment. The additional full-time
2572 equivalent membership authorized under this paragraph may not
2573 exceed 0.3 per student. Each district must allocate at least 80
2574 percent of the funds provided for industry certification, in
2575 accordance with this paragraph, to the program that generated
2576 the funds. Unless a different amount is specified in the General
2577 Appropriations Act, the appropriation for this calculation is
2578 limited to $15 million annually. If the appropriation is
2579 insufficient to fully fund the total calculation, the
2580 appropriation shall be prorated.
2581 (6) CATEGORICAL FUNDS.—
2582 (b) If a district school board finds and declares in a
2583 resolution adopted at a regular meeting of the school board that
2584 the funds received for any of the following categorical
2585 appropriations are urgently needed to maintain school board
2586 specified academic classroom instruction, the school board may
2587 consider and approve an amendment to the school district
2588 operating budget transferring the identified amount of the
2589 categorical funds to the appropriate account for expenditure:
2590 1. Funds for student transportation.
2591 2. Funds for safe schools.
2592 3. Funds for supplemental academic instruction.
2593 4. Funds for research-based reading instruction.
2594 5. Funds for instructional materials if all instructional
2595 material purchases necessary to provide updated materials
2596 aligned to Next Generation Sunshine State Standards and
2597 benchmarks and that meet statutory requirements of content and
2598 learning have been completed for that fiscal year, but no sooner
2599 than March 1, 2011. Funds available after March 1 may be used to
2600 purchase hardware for student instruction.
2601 Section 39. Subsection (1) of section 1012.39, Florida
2602 Statutes, is amended to read:
2603 1012.39 Employment of substitute teachers, teachers of
2604 adult education, nondegreed teachers of career education, and
2605 career specialists; students performing clinical field
2606 experience.—
2607 (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
2608 1012.57, or any other provision of law or rule to the contrary,
2609 each district school board shall establish the minimal
2610 qualifications for:
2611 (a) Substitute teachers to be employed pursuant to s.
2612 1012.35. The qualifications shall require the filing of a
2613 complete set of fingerprints in the same manner as required by
2614 s. 1012.32; documentation of a minimum education level of a high
2615 school diploma or equivalent; and completion of an initial
2616 orientation and training program in district policies and
2617 procedures addressing school safety and security procedures,
2618 educational liability laws, professional responsibilities, and
2619 ethics.
2620 (b) Part-time and full-time teachers in adult education
2621 programs. The qualifications shall require the filing of a
2622 complete set of fingerprints in the same manner as required by
2623 s. 1012.32. Faculty employed solely to conduct postsecondary
2624 instruction may be exempted from this requirement.
2625 (c) Part-time and full-time nondegreed teachers of career
2626 programs. Qualifications shall be established for nondegreed
2627 teachers of career and technical education courses for program
2628 clusters that are recognized in the state and agriculture,
2629 business, health occupations, family and consumer sciences,
2630 industrial, marketing, career specialist, and public service
2631 education teachers, based primarily on successful occupational
2632 experience rather than academic training. The qualifications for
2633 such teachers shall require:
2634 1. The filing of a complete set of fingerprints in the same
2635 manner as required by s. 1012.32. Faculty employed solely to
2636 conduct postsecondary instruction may be exempted from this
2637 requirement.
2638 2. Documentation of education and successful occupational
2639 experience including documentation of:
2640 a. A high school diploma or the equivalent.
2641 b. Completion of 6 years of full-time successful
2642 occupational experience or the equivalent of part-time
2643 experience in the teaching specialization area. Alternate means
2644 of determining successful occupational experience may be
2645 established by the district school board.
2646 c. Completion of career education training conducted
2647 through the local school district inservice master plan.
2648 d. For full-time teachers, completion of professional
2649 education training in teaching methods, course construction,
2650 lesson planning and evaluation, and teaching special needs
2651 students. This training may be completed through coursework from
2652 an accredited or approved institution or an approved district
2653 teacher education program.
2654 e. Demonstration of successful teaching performance.
2655 f. Documentation of industry certification when state or
2656 national industry certifications are available and applicable.
2657 Section 40. Except as otherwise expressly provided in this
2658 act and except for this section, which shall take effect upon
2659 becoming a law, this act shall take effect July 1, 2011.