Florida Senate - 2011 CS for SB 1696
By the Committee on Education Pre-K - 12; and Senator Wise
581-03415-11 20111696c1
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; creating s.
11 1001.421, F.S.; prohibiting district school board
12 members from accepting gifts from vendors; amending s.
13 1002.37, F.S.; conforming provisions to changes made
14 by the act; amending s. 1002.38, F.S.; revising
15 provisions relating to the Opportunity Scholarship
16 Program to require that school grades for all schools
17 be based on statewide assessments; amending s.
18 1002.39, F.S.; providing that when a student who is
19 receiving the John M. McKay Scholarship enrolls in a
20 public school or public school program, the term of
21 the student’s scholarship ends; providing an exception
22 for students who enter a Department of Juvenile
23 Justice detention center for a period of no more than
24 21 days; amending s. 1002.45, F.S.; revising
25 qualification requirements for virtual instruction
26 program providers; providing that an approved provider
27 retain its approved status for 3 school years after
28 approval; amending s. 1002.67, F.S.; requiring that
29 the State Board of Education periodically review and
30 revise the performance standards for the statewide
31 kindergarten screening and align the standards to the
32 performance standards for statewide assessments;
33 requiring that a private prekindergarten provider or
34 public school be placed on probation immediately after
35 failing to meet minimum standards rather than after 2
36 consecutive years of such failure; amending s.
37 1002.69, F.S.; authorizing nonpublic schools to
38 administer the statewide kindergarten screening to
39 kindergarten students who were enrolled in the
40 Voluntary Prekindergarten Program; requiring that the
41 Department of Education adopt a statewide voluntary
42 prekindergarten enrollment screening; requiring that
43 each early learning coalition administer the
44 enrollment screening; requiring the Department of
45 Education to include the percentage of students who
46 meet all state readiness measures in its provider
47 rating methodology; requiring that each parent or
48 guardian enrolling his or her child in a voluntary
49 prekindergarten education program submit the child for
50 enrollment screening if required by the provider;
51 removing a limitation on the minimum kindergarten
52 readiness rate for private and public prekindergarten
53 providers; amending s. 1002.71, F.S.; providing that a
54 child may reenroll more than once in a prekindergarten
55 program if granted a good cause exemption; amending s.
56 1002.73, F.S.; requiring the department to adopt
57 procedures for annually reporting the percentage of
58 students who meet all state readiness measures;
59 requiring that the Department of Education adopt
60 procedures for the statewide voluntary prekindergarten
61 enrollment screening, adopting the fee schedule,
62 determining learning gains of students who complete
63 the voluntary prekindergarten and kindergarten
64 screenings, and annually reporting the readiness of
65 kindergarten students; amending s. 1003.4156, F.S.;
66 revising the general requirements for middle grades
67 promotion; providing that a student with a disability
68 may have his or her end-of-course assessment results
69 waived under certain circumstances; providing that a
70 middle grades student is exempt from the reading
71 remediation requirements under certain circumstances;
72 amending s. 1003.428, F.S.; revising provisions
73 relating to the general requirements for high school
74 graduation; providing that a high school student may
75 be exempt from intensive reading under certain
76 circumstances; amending s. 1003.491, F.S.; revising
77 provisions relating to the Florida Career and
78 Professional Education Act; replacing references to
79 local workforce boards with regional workforce boards;
80 requiring that economic development agencies
81 collaborate with each district school board, regional
82 workforce boards, and postsecondary institutions to
83 develop a strategic 5-year plan that addresses local
84 and regional workforce demands; requiring that the
85 strategic plan include access to courses offered
86 through virtual education providers and a review of
87 career and professional academy courses; requiring
88 that the strategic plan be reviewed, updated, and
89 jointly approved; amending s. 1003.492, F.S.; revising
90 provisions relating to industry-certified career
91 education programs to conform to changes made by the
92 act; requiring that rules adopted by the State Board
93 of Education include an approval process for
94 determining the funding weights of industry
95 certifications; requiring that the performance factors
96 for students participating in industry-certified
97 career education programs include awards of
98 postsecondary credit and state scholarships; amending
99 s. 1003.493, F.S.; revising provisions relating to
100 career and professional academies to conform to
101 changes made by the act; requiring that career and
102 professional academies discontinue enrollment of
103 students for the following year if the passage rate on
104 the industry certification exam falls below 50
105 percent; creating s. 1003.4935, F.S.; requiring that
106 each district school board, in collaboration with
107 regional workforce boards, economic development
108 agencies, and state-approved postsecondary
109 institutions, include a component in the strategic 5
110 year plan to implement a career and professional
111 academy in at least one middle school in each
112 district; providing requirements for the middle school
113 career and professional academies; requiring that the
114 Department of Education collect and report student
115 achievement data for middle school career academy
116 students; amending s. 1003.575, F.S.; revising
117 provisions relating to assistive technology devices
118 for young persons with disabilities to require that
119 any school having an individualized education plan
120 team arrange to complete an assistive technology
121 assessment within a specified number of days after
122 receiving a request for such assessment; amending s.
123 1008.22, F.S.; revising provisions relating to the
124 student assessment program for public schools;
125 requiring that the Commissioner of Education direct
126 school districts to participate in the administration
127 of the National Assessment of Educational Progress or
128 similar national or international assessment program;
129 providing for future expiration of the requirement
130 that school districts participate in international
131 assessment programs; authorizing the school principal
132 to exempt certain students from the end-of-course
133 assessment in civics education; amending s. 1008.33,
134 F.S.; revising provisions relating to public school
135 improvement; requiring that the Department of
136 Education categorize public schools based on the
137 portion of a school’s grade that relies on statewide
138 assessments; revising the categorization of the
139 lowest-performing schools; amending s. 1008.331, F.S.,
140 relating to supplemental educational services in Title
141 I schools; providing that a school board may include
142 in its district contract with a provider a requirement
143 to use a uniform standardized assessment if the
144 Department of Education is notified of such intent
145 before services are provided to the student; amending
146 s. 1008.34, F.S.; revising provisions relating to the
147 designation of school grades to conform to changes
148 made by the act; providing for assigning achievement
149 scores and learning gains for students who are
150 hospital or homebound; requiring that a school that
151 does not meet minimum proficiency standards
152 established by the State Board of Education receive a
153 school grade of “F”; amending ss. 1011.01 and 1011.03,
154 F.S., relating to the annual operating budgets of
155 district school boards and community college boards of
156 trustees; deleting a requirement that the adopted
157 budget be transmitted to the Department of Education
158 for review and approval; creating s. 1011.035, F.S.;
159 requiring each school district to post certain
160 budgetary information on its website; requiring that
161 each district school board’s website contain certain
162 specified links; amending s. 1011.61, F.S.; redefining
163 the term “full-time equivalent student” as it relates
164 to students in virtual instruction programs; amending
165 s. 1011.62, F.S.; revising provisions relating to the
166 calculation of additional full-time equivalent
167 membership based on certification of successful
168 completion of industry-certified career and
169 professional academy programs; requiring that the
170 value of full-time equivalent membership be determined
171 by weights adopted by the State Board of Education;
172 conforming provisions; amending s. 1012.39, F.S.;
173 requiring that each district school board establish
174 qualifications for nondegreed teachers of career and
175 technical education courses for program clusters
176 recognized in the state; authorizing district school
177 boards to establish alternative qualifications for
178 certain teachers; providing effective dates.
179
180 Be It Enacted by the Legislature of the State of Florida:
181
182 Section 1. Paragraph (a) of subsection (4) of section
183 1001.20, Florida Statutes, is amended to read:
184 1001.20 Department under direction of state board.—
185 (4) The Department of Education shall establish the
186 following offices within the Office of the Commissioner of
187 Education which shall coordinate their activities with all other
188 divisions and offices:
189 (a) Office of Technology and Information Services.
190 Responsible for developing a systemwide technology plan, making
191 budget recommendations to the commissioner, providing data
192 collection and management for the system, assisting school
193 districts in securing Internet access and telecommunications
194 services, including those eligible for funding under the Schools
195 and Libraries Program of the federal Universal Service Fund, and
196 coordinating services with other state, local, and private
197 agencies. The office shall develop a method to address the need
198 for a statewide approach to planning and operations of library
199 and information services to achieve a single K-20 education
200 system library information portal and a unified higher education
201 library management system. The Florida Virtual School shall be
202 administratively housed within the office.
203 Section 2. Subsection (23) of section 1001.42, Florida
204 Statutes, is amended to read:
205 1001.42 Powers and duties of district school board.—The
206 district school board, acting as a board, shall exercise all
207 powers and perform all duties listed below:
208 (23) FLORIDA VIRTUAL SCHOOL.—Provide students with access
209 to enroll in courses available through the Florida Virtual
210 School and award credit for successful completion of such
211 courses. Access shall be available to students during and or
212 after the normal school day and through summer school
213 enrollment.
214 Section 3. Section 1001.421, Florida Statutes, is created
215 to read:
216 1001.421 Gifts.—Notwithstanding ss. 112.3148 and 112.3149,
217 or any other provision of law to the contrary, school board
218 members and their relatives as defined in s. 112.312(21), may
219 not solicit or accept, directly or indirectly, any gift as
220 defined in s. 112.312(12), from any person, vendor, potential
221 vendor, or other entity doing business with the school district.
222 Section 4. Paragraph (a) of subsection (1) of section
223 1002.37, Florida Statutes, is amended to read:
224 1002.37 The Florida Virtual School.—
225 (1)(a) The Florida Virtual School is established for the
226 development and delivery of online and distance learning
227 education and shall be administratively housed within the
228 Commissioner of Education’s Office of Technology and Information
229 Services. The Commissioner of Education shall monitor the
230 school’s performance and report its performance to the State
231 Board of Education and the Legislature.
232
233 The board of trustees of the Florida Virtual School shall
234 identify appropriate performance measures and standards based on
235 student achievement that reflect the school’s statutory mission
236 and priorities, and shall implement an accountability system for
237 the school that includes assessment of its effectiveness and
238 efficiency in providing quality services that encourage high
239 student achievement, seamless articulation, and maximum access.
240 Section 5. Paragraph (f) is added to subsection (3) of
241 section 1002.38, Florida Statutes, to read:
242 1002.38 Opportunity Scholarship Program.—
243 (3) SCHOOL DISTRICT OBLIGATIONS.—
244 (f) For purposes of this subsection, school grades for all
245 schools shall be based upon statewide assessments administered
246 pursuant to s. 1008.22.
247 Section 6. Paragraph (a) of subsection (4) of section
248 1002.39, Florida Statutes, is amended to read:
249 1002.39 The John M. McKay Scholarships for Students with
250 Disabilities Program.—There is established a program that is
251 separate and distinct from the Opportunity Scholarship Program
252 and is named the John M. McKay Scholarships for Students with
253 Disabilities Program.
254 (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.—
255 (a) For purposes of continuity of educational choice, a
256 John M. McKay Scholarship shall remain in force until the
257 student returns to a public school, graduates from high school,
258 or reaches the age of 22, whichever occurs first. A scholarship
259 student who enrolls in a public school or public school program
260 has returned to a public school for purposes of determining the
261 end of the scholarship’s term. However, if a student enters a
262 Department of Juvenile Justice detention center for a period of
263 no more than 21 days, the student is not considered to have
264 returned to a public school for that purpose.
265 Section 7. Paragraph (b) of subsection (2) of section
266 1002.45, Florida Statutes, is amended to read:
267 1002.45 School district virtual instruction programs.—
268 (2) PROVIDER QUALIFICATIONS.—
269 (b) An approved provider shall retain its approved status
270 during the 3 school years for a period of 3 years after the date
271 of the department’s approval under paragraph (a) as long as the
272 provider continues to comply with all requirements of this
273 section.
274 Section 8. Subsection (1) and paragraph (c) of subsection
275 (3) of section 1002.67, Florida Statutes, are amended to read:
276 1002.67 Performance standards; curricula and
277 accountability.—
278 (1)(a) By April 1, 2005, the department shall develop and
279 adopt performance standards for students in the Voluntary
280 Prekindergarten Education Program. The performance standards
281 must address the age-appropriate progress of students in the
282 development of:
283 1.(a) The capabilities, capacities, and skills required
284 under s. 1(b), Art. IX of the State Constitution; and
285 2.(b) Emergent literacy skills, including oral
286 communication, knowledge of print and letters, phonemic and
287 phonological awareness, and vocabulary and comprehension
288 development.
289 (b) The State Board of Education shall periodically review
290 and revise the performance standards for the statewide
291 kindergarten screening administered under s. 1002.69 and align
292 the standards to those established by the board for the
293 expectations of student performance on the statewide assessments
294 administered pursuant to s. 1008.22.
295 (3)
296 (c)1. If the kindergarten readiness rate of a private
297 prekindergarten provider or public school falls below the
298 minimum rate adopted by the State Board of Education as
299 satisfactory under s. 1002.69(6), the early learning coalition
300 or school district, as applicable, shall require the provider or
301 school to submit an improvement plan for approval by the
302 coalition or school district, as applicable, and to implement
303 the plan.
304 2. If a private prekindergarten provider or public school
305 fails to meet the minimum rate adopted by the State Board of
306 Education as satisfactory under s. 1002.69(6) for 2 consecutive
307 years, the early learning coalition or school district, as
308 applicable, shall place the provider or school on probation and
309 must require the provider or school to take certain corrective
310 actions, including the use of a curriculum approved by the
311 department under paragraph (2)(c) and requiring newly admitted
312 voluntary prekindergarten program students to complete the
313 statewide voluntary prekindergarten enrollment screening for
314 which the provider must pay.
315 3. A private prekindergarten provider or public school that
316 is placed on probation must continue the corrective actions
317 required under subparagraph 2., including the use of a
318 curriculum approved by the department, until the provider or
319 school meets the minimum rate adopted by the State Board of
320 Education as satisfactory under s. 1002.69(6).
321 4. If a private prekindergarten provider or public school
322 remains on probation for 2 consecutive years and fails to meet
323 the minimum rate adopted by the State Board of Education as
324 satisfactory under s. 1002.69(6) and is not granted a good cause
325 exemption by the department pursuant to s. 1002.69(7), the
326 Agency for Workforce Innovation shall require the early learning
327 coalition or the Department of Education shall require the
328 school district to remove, as applicable, the provider or school
329 from eligibility to deliver the Voluntary Prekindergarten
330 Education Program and receive state funds for the program.
331 Section 9. Section 1002.69, Florida Statutes, is amended to
332 read:
333 1002.69 Statewide kindergarten screening; kindergarten
334 readiness rates; prekindergarten enrollment screening.—
335 (1)(a) The department shall adopt a statewide kindergarten
336 screening that assesses the readiness of each student for
337 kindergarten based upon the performance standards adopted by the
338 department under s. 1002.67(1) for the Voluntary Prekindergarten
339 Education Program. The department shall require that each school
340 district administer the statewide kindergarten screening to each
341 kindergarten student in the school district within the first 30
342 school days of each school year. Nonpublic schools may
343 administer the statewide kindergarten screening to each
344 kindergarten student in a nonpublic school who was enrolled in
345 the Voluntary Prekindergarten Education Program.
346 (b) The department shall also adopt a statewide voluntary
347 prekindergarten enrollment screening that assesses the readiness
348 of each student for kindergarten upon entry into a voluntary
349 prekindergarten program placed on probation under s.
350 1002.67(3)(c)2., for which the voluntary prekindergarten
351 provider must pay. The department shall require each early
352 learning coalition to administer the statewide voluntary
353 prekindergarten enrollment screening in accordance with this
354 section.
355 (2) The statewide voluntary prekindergarten enrollment
356 screening and the kindergarten screening shall provide objective
357 data concerning each student’s readiness for kindergarten and
358 progress in attaining the performance standards adopted by the
359 department under s. 1002.67(1).
360 (3) The statewide voluntary prekindergarten enrollment
361 screening and the kindergarten screening shall incorporate
362 mechanisms for recognizing potential variations in kindergarten
363 readiness rates for students with disabilities.
364 (4) Each parent who enrolls his or her child in the
365 Voluntary Prekindergarten Education Program must submit the
366 child for the statewide kindergarten screening, regardless of
367 whether the child is admitted to kindergarten in a public school
368 or nonpublic school. Each parent who enrolls his or her child in
369 a voluntary prekindergarten education program must submit the
370 child for statewide voluntary prekindergarten enrollment
371 screening if required by the provider. Each school district
372 shall designate sites to administer the statewide kindergarten
373 screening for children admitted to kindergarten in a nonpublic
374 school.
375 (5) The State Board of Education shall adopt procedures for
376 the department to annually calculate each private
377 prekindergarten provider’s and public school’s kindergarten
378 readiness rate, which must be expressed as the percentage of the
379 provider’s or school’s students who are assessed as ready for
380 kindergarten. The kindergarten readiness rates must be based
381 exclusively upon the results of the statewide kindergarten
382 screening for students completing the Voluntary Prekindergarten
383 Education Program, beginning with students completing the
384 program during the 2005-2006 school year who are administered
385 the statewide kindergarten screening during the 2006-2007 school
386 year. The methodology for calculating each provider’s readiness
387 rate must include the percentage of students who meet all state
388 readiness measures. The rates must not include students who are
389 not administered the statewide kindergarten screening.
390 (6)(a) The State Board of Education shall periodically
391 adopt a minimum kindergarten readiness rate that, if achieved by
392 a private prekindergarten provider or public school, would
393 demonstrate the provider’s or school’s satisfactory delivery of
394 the Voluntary Prekindergarten Education Program.
395 (b) The minimum rate must not exceed the rate at which more
396 than 15 percent of the kindergarten readiness rates of all
397 private prekindergarten providers and public schools delivering
398 the Voluntary Prekindergarten Education Program in the state
399 would fall below the minimum rate.
400 (7)(a) Notwithstanding s. 1002.67(3)(c)4., the State Board
401 of Education, upon the request of a private prekindergarten
402 provider or public school that remains on probation for 2
403 consecutive years or more and subsequently fails to meet the
404 minimum rate adopted under subsection (6) and for good cause
405 shown, may grant to the provider or school an exemption from
406 being determined ineligible to deliver the Voluntary
407 Prekindergarten Education Program and receive state funds for
408 the program. Such exemption is valid for 1 year and, upon the
409 request of the private prekindergarten provider or public school
410 and for good cause shown, may be renewed.
411 (b) A private prekindergarten provider’s or public school’s
412 request for a good cause exemption, or renewal of such an
413 exemption, must be submitted to the state board in the manner
414 and within the timeframes prescribed by the state board and must
415 include the following:
416 1. Submission of data by the private prekindergarten
417 provider or public school which documents on a standardized
418 assessment the achievement and progress of the children served.
419 2. Submission and review of data available from the
420 respective early learning coalition or district school board,
421 the Department of Children and Family Services, local licensing
422 authority, or an accrediting association, as applicable,
423 relating to the private prekindergarten provider’s or public
424 school’s compliance with state and local health and safety
425 standards.
426 3. Submission and review of data available to the
427 department on the performance of the children served and the
428 calculation of the private prekindergarten provider’s or public
429 school’s kindergarten readiness rate.
430 (c) The State Board of Education shall adopt criteria for
431 granting good cause exemptions. Such criteria shall include, but
432 are not limited to:
433 1. Learning gains of children served in the Voluntary
434 Prekindergarten Education Program by the private prekindergarten
435 provider or public school.
436 2. Verification that the private prekindergarten provider
437 or public school serves at least twice the statewide percentage
438 of children with disabilities as defined in s. 1003.01(3)(a) or
439 children identified as limited English proficient as defined in
440 s. 1003.56.
441 2.3. Verification that local and state health and safety
442 requirements are met.
443 (d) A good cause exemption may not be granted to any
444 private prekindergarten provider that has any class I violations
445 or two or more class II violations within the 2 years preceding
446 the provider’s or school’s request for the exemption. For
447 purposes of this paragraph, class I and class II violations have
448 the same meaning as provided in s. 402.281(3).
449 (e) A private prekindergarten provider or public school
450 granted a good cause exemption shall continue to implement its
451 improvement plan and continue the corrective actions required
452 under s. 1002.67(3)(c)2., including the use of a curriculum
453 approved by the department, until the provider or school meets
454 the minimum rate adopted under subsection (6).
455 (f) The State Board of Education shall notify the Agency
456 for Workforce Innovation of any good cause exemption granted to
457 a private prekindergarten provider under this subsection. If a
458 good cause exemption is granted to a private prekindergarten
459 provider who remains on probation for 2 consecutive years, the
460 Agency for Workforce Innovation shall notify the early learning
461 coalition of the good cause exemption and direct that the
462 coalition, notwithstanding s. 1002.67(3)(c)4., not remove the
463 provider from eligibility to deliver the Voluntary
464 Prekindergarten Education Program or to receive state funds for
465 the program, if the provider meets all other applicable
466 requirements of this part.
467 Section 10. Subsection (4) of section 1002.71, Florida
468 Statutes, is amended to read:
469 1002.71 Funding; financial and attendance reporting.—
470 (4) Notwithstanding s. 1002.53(3) and subsection (2):
471 (a) A child who, for any of the prekindergarten programs
472 listed in s. 1002.53(3), has not completed more than 70 percent
473 of the hours authorized to be reported for funding under
474 subsection (2), or has not expended more than 70 percent of the
475 funds authorized for the child under s. 1002.66, may withdraw
476 from the program for good cause and reenroll in one of the
477 programs. The total funding for a child who reenrolls in one of
478 the programs for good cause may not exceed one full-time
479 equivalent student. Funding for a child who withdraws and
480 reenrolls in one of the programs for good cause shall be issued
481 in accordance with the agency’s uniform attendance policy
482 adopted pursuant to paragraph (6)(d).
483 (b) A child who has not substantially completed any of the
484 prekindergarten programs listed in s. 1002.53(3) may withdraw
485 from the program due to an extreme hardship that is beyond the
486 child’s or parent’s control, reenroll in one of the summer
487 programs, and be reported for funding purposes as a full-time
488 equivalent student in the summer program for which the child is
489 reenrolled.
490
491 A child may reenroll only once in a prekindergarten program
492 under this section, unless the child is granted a good cause
493 exemption under this subsection. A child who reenrolls in a
494 prekindergarten program under this subsection may not
495 subsequently withdraw from the program and reenroll. The Agency
496 for Workforce Innovation shall establish criteria specifying
497 whether a good cause exists for a child to withdraw from a
498 program under paragraph (a), whether a child has substantially
499 completed a program under paragraph (b), and whether an extreme
500 hardship exists which is beyond the child’s or parent’s control
501 under paragraph (b).
502 Section 11. Subsection (2) of section 1002.73, Florida
503 Statutes, is amended to read:
504 1002.73 Department of Education; powers and duties;
505 accountability requirements.—
506 (2) The department shall adopt procedures for its:
507 (a) Approval of prekindergarten director credentials under
508 ss. 1002.55 and 1002.57.
509 (b) Approval of emergent literacy training courses under
510 ss. 1002.55 and 1002.59.
511 (c) Administration of the statewide kindergarten screening
512 and calculation of kindergarten readiness rates under s.
513 1002.69.
514 (d) Adoption of the statewide voluntary prekindergarten
515 enrollment screening, the associated fee schedule, and the
516 process for determining learning gains of students who complete
517 the statewide voluntary prekindergarten enrollment screening and
518 the statewide kindergarten screening.
519 (e)(d) Approval of specialized instructional services
520 providers under s. 1002.66.
521 (f) Annual reporting of the percentage of kindergarten
522 students who meet all state readiness measures.
523 (g)(e) Granting of a private prekindergarten provider’s or
524 public school’s request for a good cause exemption under s.
525 1002.69(7).
526 Section 12. Subsection (1) of section 1003.4156, Florida
527 Statutes, is amended to read:
528 1003.4156 General requirements for middle grades
529 promotion.—
530 (1) Beginning with students entering grade 6 in the 2006
531 2007 school year, promotion from a school composed of middle
532 grades 6, 7, and 8 requires that:
533 (a) The student must successfully complete academic courses
534 as follows:
535 1. Three middle school or higher courses in English. These
536 courses shall emphasize literature, composition, and technical
537 text.
538 2. Three middle school or higher courses in mathematics.
539 Each middle school must offer at least one high school level
540 mathematics course for which students may earn high school
541 credit. Successful completion of a high school level Algebra I
542 or geometry course is not contingent upon the student’s
543 performance on the end-of-course assessment required under s.
544 1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
545 school year, to earn high school credit for an Algebra I course,
546 a middle school student must pass the Algebra I end-of-course
547 assessment, and beginning with the 2012-2013 school year, to
548 earn high school credit for a geometry course, a middle school
549 student must pass the geometry end-of-course assessment.
550 3. Three middle school or higher courses in social studies,
551 one semester of which must include the study of state and
552 federal government and civics education. Beginning with students
553 entering grade 6 in the 2012-2013 school year, one of these
554 courses must be at least a one-semester civics education course
555 that a student successfully completes in accordance with s.
556 1008.22(3)(c) and that includes the roles and responsibilities
557 of federal, state, and local governments; the structures and
558 functions of the legislative, executive, and judicial branches
559 of government; and the meaning and significance of historic
560 documents, such as the Articles of Confederation, the
561 Declaration of Independence, and the Constitution of the United
562 States.
563 4. Three middle school or higher courses in science.
564 Successful completion of a high school level Biology I course is
565 not contingent upon the student’s performance on the end-of
566 course assessment required under s. 1008.22(3)(c)2.a.(II).
567 However, beginning with the 2012-2013 school year, to earn high
568 school credit for a Biology I course, a middle school student
569 must pass the Biology I end-of-course assessment.
570 5. One course in career and education planning to be
571 completed in 7th or 8th grade. The course may be taught by any
572 member of the instructional staff; must include career
573 exploration using Florida CHOICES or a comparable cost-effective
574 program; must include educational planning using the online
575 student advising system known as Florida Academic Counseling and
576 Tracking for Students at the Internet website FACTS.org; and
577 shall result in the completion of a personalized academic and
578 career plan. The required personalized academic and career plan
579 must inform students of high school graduation requirements,
580 high school assessment and college entrance test requirements,
581 Florida Bright Futures Scholarship Program requirements, state
582 university and Florida college admission requirements, and
583 programs through which a high school student can earn college
584 credit, including Advanced Placement, International
585 Baccalaureate, Advanced International Certificate of Education,
586 dual enrollment, career academy opportunities, and courses that
587 lead to national industry certification.
588
589 A student with a disability, as defined in s. 1007.02(2), for
590 whom the individual education plan committee determines that the
591 end-of-course assessment cannot accurately measure the student’s
592 abilities, taking into consideration all allowable
593 accommodations, shall have the end-of-course assessment results
594 waived for purposes of determining the student’s course grade
595 and completing the requirements for middle grades promotion.
596 Each school must hold a parent meeting either in the evening or
597 on a weekend to inform parents about the course curriculum and
598 activities. Each student shall complete an electronic personal
599 education plan that must be signed by the student; the student’s
600 instructor, guidance counselor, or academic advisor; and the
601 student’s parent. The Department of Education shall develop
602 course frameworks and professional development materials for the
603 career exploration and education planning course. The course may
604 be implemented as a stand-alone course or integrated into
605 another course or courses. The Commissioner of Education shall
606 collect longitudinal high school course enrollment data by
607 student ethnicity in order to analyze course-taking patterns.
608 (b) For each year in which a student scores at Level l on
609 FCAT Reading, the student must be enrolled in and complete an
610 intensive reading course the following year. Placement of Level
611 2 readers in either an intensive reading course or a content
612 area course in which reading strategies are delivered shall be
613 determined by diagnosis of reading needs. The department shall
614 provide guidance on appropriate strategies for diagnosing and
615 meeting the varying instructional needs of students reading
616 below grade level. Reading courses shall be designed and offered
617 pursuant to the comprehensive reading plan required by s.
618 1011.62(9). A middle grades student who scores at Level 1 or
619 Level 2 on FCAT Reading, but who did not score below Level 3 the
620 year before, may be granted an exemption from the reading
621 remediation requirements. A student may be granted a 1-year
622 exemption from intensive reading; however, the student must have
623 an approved academic improvement plan already in place and
624 signed by the school and a parent or guardian for the year that
625 the exemption is granted.
626 (c) For each year in which a student scores at Level 1 or
627 Level 2 on FCAT Mathematics, the student must receive
628 remediation the following year, which may be integrated into the
629 student’s required mathematics course.
630 Section 13. Subsection (2) of section 1003.428, Florida
631 Statutes, is amended to read:
632 1003.428 General requirements for high school graduation;
633 revised.—
634 (2) The 24 credits may be earned through applied,
635 integrated, and combined courses approved by the Department of
636 Education. The 24 credits shall be distributed as follows:
637 (a) Sixteen core curriculum credits:
638 1. Four credits in English, with major concentration in
639 composition, reading for information, and literature.
640 2. Four credits in mathematics, one of which must be
641 Algebra I, a series of courses equivalent to Algebra I, or a
642 higher-level mathematics course. Beginning with students
643 entering grade 9 in the 2010-2011 school year, in addition to
644 the Algebra I credit requirement, one of the four credits in
645 mathematics must be geometry or a series of courses equivalent
646 to geometry as approved by the State Board of Education.
647 Beginning with students entering grade 9 in the 2010-2011 school
648 year, the end-of-course assessment requirements under s.
649 1008.22(3)(c)2.a.(I) must be met in order for a student to earn
650 the required credit in Algebra I. Beginning with students
651 entering grade 9 in the 2011-2012 school year, the end-of-course
652 assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
653 met in order for a student to earn the required credit in
654 geometry. Beginning with students entering grade 9 in the 2012
655 2013 school year, in addition to the Algebra I and geometry
656 credit requirements, one of the four credits in mathematics must
657 be Algebra II or a series of courses equivalent to Algebra II as
658 approved by the State Board of Education.
659 3. Three credits in science, two of which must have a
660 laboratory component. Beginning with students entering grade 9
661 in the 2011-2012 school year, one of the three credits in
662 science must be Biology I or a series of courses equivalent to
663 Biology I as approved by the State Board of Education. Beginning
664 with students entering grade 9 in the 2011-2012 school year, the
665 end-of-course assessment requirements under s.
666 1008.22(3)(c)2.a.(II) must be met in order for a student to earn
667 the required credit in Biology I. Beginning with students
668 entering grade 9 in the 2013-2014 school year, one of the three
669 credits must be Biology I or a series of courses equivalent to
670 Biology I as approved by the State Board of Education, one
671 credit must be chemistry or physics or a series of courses
672 equivalent to chemistry or physics as approved by the State
673 Board of Education, and one credit must be an equally rigorous
674 course, as determined by the State Board of Education.
675 4. Three credits in social studies as follows: one credit
676 in United States history; one credit in world history; one-half
677 credit in economics; and one-half credit in United States
678 government.
679 5. One credit in fine or performing arts, speech and
680 debate, or a practical arts course that incorporates artistic
681 content and techniques of creativity, interpretation, and
682 imagination. Eligible practical arts courses shall be identified
683 through the Course Code Directory.
684 6. One credit in physical education to include integration
685 of health. Participation in an interscholastic sport at the
686 junior varsity or varsity level for two full seasons shall
687 satisfy the one-credit requirement in physical education if the
688 student passes a competency test on personal fitness with a
689 score of “C” or better. The competency test on personal fitness
690 must be developed by the Department of Education. A district
691 school board may not require that the one credit in physical
692 education be taken during the 9th grade year. Completion of one
693 semester with a grade of “C” or better in a marching band class,
694 in a physical activity class that requires participation in
695 marching band activities as an extracurricular activity, or in a
696 dance class shall satisfy one-half credit in physical education
697 or one-half credit in performing arts. This credit may not be
698 used to satisfy the personal fitness requirement or the
699 requirement for adaptive physical education under an individual
700 education plan (IEP) or 504 plan. Completion of 2 years in a
701 Reserve Officer Training Corps (R.O.T.C.) class, a significant
702 component of which is drills, shall satisfy the one-credit
703 requirement in physical education and the one-credit requirement
704 in performing arts. This credit may not be used to satisfy the
705 personal fitness requirement or the requirement for adaptive
706 physical education under an individual education plan (IEP) or
707 504 plan.
708 (b) Eight credits in electives.
709 1. For each year in which a student scores at Level 1 on
710 FCAT Reading, the student must be enrolled in and complete an
711 intensive reading course the following year. Placement of Level
712 2 readers in either an intensive reading course or a content
713 area course in which reading strategies are delivered shall be
714 determined by diagnosis of reading needs. The department shall
715 provide guidance on appropriate strategies for diagnosing and
716 meeting the varying instructional needs of students reading
717 below grade level. Reading courses shall be designed and offered
718 pursuant to the comprehensive reading plan required by s.
719 1011.62(9).
720 2. For each year in which a student scores at Level 1 or
721 Level 2 on FCAT Mathematics, the student must receive
722 remediation the following year. These courses may be taught
723 through applied, integrated, or combined courses and are subject
724 to approval by the department for inclusion in the Course Code
725 Directory.
726
727 A high school student who scores at Level 1 or Level 2 on FCAT
728 Reading, but who did not score below Level 3 the year before,
729 may be granted an exemption from intensive reading. A student
730 may be granted a 1-year exemption from intensive reading;
731 however, the student must have an approved academic improvement
732 plan already in place and signed by the school and a parent or
733 guardian for the year the exemption is granted.
734 Section 14. Subsections (2), (3), and (5) of section
735 1003.491, Florida Statutes, are amended to read:
736 1003.491 Florida Career and Professional Education Act.—The
737 Florida Career and Professional Education Act is created to
738 provide a statewide planning partnership between the business
739 and education communities in order to attract, expand, and
740 retain targeted, high-value industry and to sustain a strong,
741 knowledge-based economy.
742 (2) Beginning with the 2007-2008 school year, Each district
743 school board shall develop, in collaboration with regional local
744 workforce boards, economic development agencies, and
745 postsecondary institutions approved to operate in the state, a
746 strategic 5-year plan to address and meet local and regional
747 workforce demands. If involvement of a regional the local
748 workforce board or an economic development agency in the
749 strategic plan development is not feasible, the local school
750 board, with the approval of the Agency for Workforce Innovation,
751 shall collaborate with the most appropriate regional local
752 business leadership board. Two or more school districts may
753 collaborate in the development of the strategic plan and offer a
754 career and professional academy as a joint venture. The
755 strategic plan Such plans must describe in detail provisions for
756 the efficient transportation of students, the maximum use of
757 shared resources, and access to courses aligned to state
758 curriculum standards through virtual education providers, and an
759 objective review of career and professional academy courses to
760 determine if the courses will lead to the attainment of industry
761 certifications included on the Industry Certified Funding List
762 pursuant to rules adopted by the State Board of Education the
763 Florida Virtual School when appropriate. Each strategic plan
764 shall be reviewed, updated, and jointly approved every 5 years
765 by the local school district, regional workforce boards,
766 economic development agencies, and state-approved postsecondary
767 institutions completed no later than June 30, 2008, and shall
768 include provisions to have in place at least one operational
769 career and professional academy, pursuant to s. 1003.492, no
770 later than the beginning of the 2008-2009 school year.
771 (3) The strategic 5-year plan developed jointly between the
772 local school district, regional local workforce boards, economic
773 development agencies, and state-approved postsecondary
774 institutions shall be constructed and based on:
775 (a) Research conducted to objectively determine local and
776 regional workforce needs for the ensuing 5 years, using labor
777 projections of the United States Department of Labor and the
778 Agency for Workforce Innovation;
779 (b) Strategies to develop and implement career academies
780 based on those careers determined to be in high demand;
781 (c) Maximum use of private sector facilities and personnel;
782 (d) Strategies that ensure instruction by industry
783 certified faculty and standards and strategies to maintain
784 current industry credentials and for recruiting and retaining
785 faculty to meet those standards;
786 (e) Alignment of to requirements for middle school career
787 exploration, middle and high school career and professional
788 academies leading to industry certification, and high school
789 graduation requirements redesign;
790 (f) Provisions to ensure that courses offered through
791 career and professional academies are academically rigorous,
792 meet or exceed appropriate state-adopted subject area standards,
793 result in attainment of industry certification, and, when
794 appropriate, result in postsecondary credit;
795 (g) Strategies to improve the passage rate for industry
796 certification exams if the rate falls below 50 percent;
797 (h)(g) Establishment of student eligibility criteria in
798 career and professional academies which include opportunities
799 for students who have been unsuccessful in traditional
800 classrooms but who show aptitude to participate in academies.
801 School boards shall address the analysis of eighth grade student
802 achievement data to provide opportunities for students who may
803 be deemed as potential dropouts to participate in career and
804 professional academies;
805 (i)(h) Strategies to provide sufficient space within
806 academies to meet workforce needs and to provide access to all
807 interested and qualified students;
808 (j)(i) Strategies to implement engage Department of
809 Juvenile Justice students in career and professional academy
810 training that leads to industry certification at Department of
811 Juvenile Justice facilities;
812 (k)(j) Opportunities for high school students to earn
813 weighted or dual enrollment credit for higher-level career and
814 technical courses;
815 (l)(k) Promotion of the benefits of the Gold Seal Bright
816 Futures Scholarship;
817 (m)(l) Strategies to ensure the review of district pupil
818 progression plans and to amend such plans to include career and
819 professional courses and to include courses that may qualify as
820 substitute courses for core graduation requirements and those
821 that may be counted as elective courses; and
822 (n)(m) Strategies to provide professional development for
823 secondary guidance counselors on the benefits of career and
824 professional academies.
825 (5) The submission and review of newly proposed core
826 courses shall be conducted electronically, and each proposed
827 core course shall be approved or denied within 60 days. All
828 courses approved as core courses for purposes of middle school
829 promotion and high school graduation purposes shall be
830 immediately added to the Course Code Directory. Approved core
831 courses shall also be reviewed and considered for approval for
832 dual enrollment credit. The Board of Governors and the
833 Commissioner of Education shall jointly recommend an annual
834 deadline for approval of new core courses to be included for
835 purposes of postsecondary admissions and dual enrollment credit
836 the following academic year. The State Board of Education shall
837 establish an appeals process in the event that a proposed course
838 is denied which shall require a consensus ruling by the Agency
839 for Workforce Innovation and the Commissioner of Education
840 within 15 days. The curriculum review committee must be
841 established and operational no later than September 1, 2007.
842 Section 15. Subsections (2) and (3) of section 1003.492,
843 Florida Statutes, are amended to read:
844 1003.492 Industry-certified career education programs.—
845 (2) The State Board of Education shall use the expertise of
846 Workforce Florida, Inc., and Enterprise Florida, Inc., to
847 develop and adopt rules pursuant to ss. 120.536(1) and 120.54
848 for implementing an industry certification process. These rules
849 shall include an approval process for determining the funding
850 weights of industry certifications based on the rigor of the
851 certification and the value of the certification to Florida
852 businesses and industry. Industry certification shall be defined
853 by the Agency for Workforce Innovation, based upon the highest
854 available national standards for specific industry
855 certification, to ensure student skill proficiency and to
856 address emerging labor market and industry trends. A regional
857 workforce board or a career and professional academy may apply
858 to Workforce Florida, Inc., to request additions to the approved
859 list of industry certifications based on high-demand job
860 requirements in the regional economy. The list of industry
861 certifications approved by Workforce Florida, Inc., and the
862 Department of Education shall be published and updated annually
863 by a date certain, to be included in the adopted rule.
864 (3) The Department of Education shall collect student
865 achievement and performance data in industry-certified career
866 education programs and shall work with Workforce Florida, Inc.,
867 and Enterprise Florida, Inc., in the analysis of collected data.
868 The data collection and analyses shall examine the performance
869 of participating students over time. Performance factors shall
870 include, but not be limited to, graduation rates, retention
871 rates, awards of postsecondary credit and state scholarships
872 under chapter 1009 Florida Bright Futures Scholarship awards,
873 additional educational attainment, employment records, earnings,
874 industry certification, and employer satisfaction. The
875 performance results and analyses of this study shall be
876 submitted to the President of the Senate and the Speaker of the
877 House of Representatives annually by December 31.
878 Section 16. Subsections (2), (4), (5), and (6) of section
879 1003.493, Florida Statutes, are amended to read:
880 1003.493 Career and professional academies.—
881 (2) The goals of a career and professional academy are to:
882 (a) Increase student academic achievement and graduation
883 rates through integrated academic and career curricula.
884 (b) Prepare graduating high school students to make
885 appropriate choices relative to employment and future
886 educational experiences.
887 (c) Focus on career preparation through rigorous academics
888 and industry certification.
889 (d) Raise student aspiration and commitment to academic
890 achievement and work ethics through relevant coursework.
891 (e) Support graduation requirements pursuant to s. 1003.428
892 by providing creative, applied major areas of interest.
893 (e)(f) Promote acceleration mechanisms, such as dual
894 enrollment, articulated credit, or occupational completion
895 points, so that students may earn postsecondary credit while in
896 high school.
897 (f)(g) Support the state’s economy by meeting industry
898 needs for skilled employees in high-demand occupations.
899 (4) Each career and professional academy must:
900 (a) Provide a rigorous standards-based academic curriculum
901 integrated with a career curriculum. The curriculum must take
902 into consideration multiple styles of student learning; promote
903 learning by doing through application and adaptation; maximize
904 relevance of the subject matter; enhance each student’s capacity
905 to excel; and include an emphasis on work habits and work
906 ethics.
907 (b) Include one or more partnerships with postsecondary
908 institutions, businesses, industry, employers, economic
909 development organizations, or other appropriate partners from
910 the local community. Such partnerships shall be delineated in
911 articulation agreements to provide for career-based courses that
912 earn postsecondary credit. Such agreements may include
913 articulation between the academy and public or private 2-year
914 and 4-year postsecondary institutions and technical centers. The
915 Department of Education, in consultation with the Board of
916 Governors, shall establish a mechanism to ensure articulation
917 and transfer of credits to postsecondary institutions in this
918 state. Such partnerships must provide opportunities for:
919 1. Instruction from highly skilled professionals who
920 possess industry-certification credentials for courses they are
921 teaching.
922 2. Internships, externships, and on-the-job training.
923 3. A postsecondary degree, diploma, or certificate.
924 4. The highest available level of industry certification.
925 5. Maximum articulation of credits pursuant to s. 1007.23
926 upon program completion.
927 (c) Provide shared, maximum use of private sector
928 facilities and personnel.
929 (d) Provide personalized student advisement, including a
930 parent-participation component, and coordination with middle
931 schools to promote and support career exploration and education
932 planning as required under s. 1003.4156. Coordination with
933 middle schools must provide information to middle school
934 students about secondary and postsecondary career education
935 programs and academies.
936 (e) Promote and provide opportunities for career and
937 professional academy students to attain, at minimum, the Florida
938 Gold Seal Vocational Scholars award pursuant to s. 1009.536.
939 (f) Provide instruction in careers designated as high
940 growth, high demand, and high pay by the regional local
941 workforce development board, the chamber of commerce, economic
942 development agencies, or the Agency for Workforce Innovation.
943 (g) Deliver academic content through instruction relevant
944 to the career, including intensive reading and mathematics
945 intervention required by s. 1003.428, with an emphasis on
946 strengthening reading for information skills.
947 (h) Offer applied courses that combine academic content
948 with technical skills.
949 (i) Provide instruction resulting in competency,
950 certification, or credentials in workplace skills, including,
951 but not limited to, communication skills, interpersonal skills,
952 decisionmaking skills, the importance of attendance and
953 timeliness in the work environment, and work ethics.
954 (j) Provide opportunities for students to obtain the
955 Florida Ready to Work Certification pursuant to s. 1004.99.
956 (k) Include an evaluation plan developed jointly with the
957 Department of Education and the local workforce board. The
958 evaluation plan must include an assessment tool based on
959 national industry standards, such as the Career Academy National
960 Standards of Practice, and outcome measures, including, but not
961 limited to, achievement of national industry certifications
962 identified in the Industry Certification Funding List, pursuant
963 to rules adopted by the State Board of Education, graduation
964 rates, enrollment in postsecondary education, business and
965 industry satisfaction, employment and earnings, awards of
966 postsecondary credit and scholarships, and student achievement
967 levels and learning gains on statewide assessments administered
968 under s. 1008.22(3)(c). The Department of Education shall use
969 Workforce Florida, Inc., and Enterprise Florida, Inc., in
970 identifying industry experts to participate in developing and
971 implementing such assessments.
972 (j)(l) Include a plan to sustain career and professional
973 academies.
974 (k)(m) Redirect appropriated career funding to career and
975 professional academies.
976 (5) All career courses offered in a career and professional
977 academy must lead to industry certification or college credit
978 linked directly to the career theme of the course. If the
979 passage rate on the industry certification exam that is
980 associated with the career and professional academy falls below
981 50 percent, the academy must discontinue enrollment of students
982 the following school year. At least 50 percent of students
983 enrolled in a career course must achieve industry certifications
984 or college credits during the second year the course is offered
985 in order for the course to be offered a third year. At least 66
986 percent of students enrolled in such a course must achieve
987 industry certifications or college credits during the third year
988 the course is offered in order for it to be offered a fourth
989 year and thereafter.
990 (6) Workforce Florida, Inc., through the secondary career
991 academies initiatives, The Okaloosa County School District
992 CHOICE Institutes shall serve in an advisory role and shall
993 offer technical assistance in the development and deployment of
994 newly established career and professional academies for a 3-year
995 period beginning July 1, 2007.
996 Section 17. Section 1003.4935, Florida Statutes, is created
997 to read:
998 1003.4935 Middle school career and professional academy
999 courses.—
1000 (1) Beginning with the 2011-2012 school year, each district
1001 school board, in collaboration with regional workforce boards,
1002 economic development agencies, and state-approved postsecondary
1003 institutions, shall include plans to implement a career and
1004 professional academy in at least one middle school in the
1005 district as part of the strategic 5-year plan pursuant to s.
1006 1003.491(2). The middle school career and professional academy
1007 component of the strategic plan must ensure the transition of
1008 middle school career and professional academy students to a high
1009 school career and professional academy currently operating
1010 within the school district. Students who complete a middle
1011 school career and professional academy must have the opportunity
1012 to earn an industry certificate and high school credit and
1013 participate in career planning, job shadowing, and business
1014 leadership development activities.
1015 (2) Each middle school career and professional academy must
1016 be aligned with at least one high school career and professional
1017 academy offered in the district and maintain partnerships with
1018 local business and industry and economic development boards.
1019 Middle school career and professional academies must:
1020 (a) Provide instruction in courses leading to careers in
1021 occupations designated as high growth, high demand, and high pay
1022 in the Industry Certification Funding List approved under rules
1023 adopted by the State Board of Education;
1024 (b) Offer career and professional academy courses that
1025 integrate content from core subject areas;
1026 (c) Offer courses that integrate career and professional
1027 academy content with intensive reading and mathematics pursuant
1028 to s. 1003.428;
1029 (d) Coordinate with high schools to maximize opportunities
1030 for middle school career and professional academy students to
1031 earn high school credit;
1032 (e) Provide access to virtual instruction courses aligned
1033 to state curriculum standards for middle school career and
1034 professional academy students, with priority given to students
1035 who have required course deficits;
1036 (f) Provide instruction from highly skilled professionals
1037 who hold industry certificates in the career area in which they
1038 teach;
1039 (g) Offer externships; and
1040 (h) Provide personalized student advisement that includes a
1041 parent-participation component.
1042 (3) Beginning with the 2012-2013 school year, the
1043 Department of Education shall collect and report student
1044 achievement data pursuant to performance factors identified
1045 under s. 1003.492(3) for middle school career and professional
1046 academy students.
1047 Section 18. Section 1003.575, Florida Statutes, is amended
1048 to read:
1049 1003.575 Assistive technology devices; findings;
1050 interagency agreements.—Accessibility, utilization, and
1051 coordination of appropriate assistive technology devices and
1052 services are essential as a young person with disabilities moves
1053 from early intervention to preschool, from preschool to school,
1054 from one school to another, and from school to employment or
1055 independent living. Within 60 to 90 days after receiving a
1056 request for an assistive technology assessment, any school that
1057 has an individualized education plan team shall arrange to
1058 complete the assessment. To ensure that an assistive technology
1059 device issued to a young person as part of his or her
1060 individualized family support plan, individual support plan, or
1061 an individual education plan remains with the individual through
1062 such transitions, the following agencies shall enter into
1063 interagency agreements, as appropriate, to ensure the
1064 transaction of assistive technology devices:
1065 (1) The Florida Infants and Toddlers Early Intervention
1066 Program in the Division of Children’s Medical Services of the
1067 Department of Health.
1068 (2) The Division of Blind Services, the Bureau of
1069 Exceptional Education and Student Services, and the Division of
1070 Vocational Rehabilitation of the Department of Education.
1071 (3) The Voluntary Prekindergarten Education Program
1072 administered by the Department of Education and the Agency for
1073 Workforce Innovation.
1074
1075 Interagency agreements entered into pursuant to this section
1076 shall provide a framework for ensuring that young persons with
1077 disabilities and their families, educators, and employers are
1078 informed about the utilization and coordination of assistive
1079 technology devices and services that may assist in meeting
1080 transition needs, and shall establish a mechanism by which a
1081 young person or his or her parent may request that an assistive
1082 technology device remain with the young person as he or she
1083 moves through the continuum from home to school to postschool.
1084 Section 19. Effective upon this act becoming a law,
1085 subsection (2) and paragraph (c) of subsection (3) of section
1086 1008.22, Florida Statutes, are amended to read:
1087 1008.22 Student assessment program for public schools.—
1088 (2) NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.—It is
1089 Florida’s intent to participate in the measurement of national
1090 educational goals. The Commissioner of Education shall direct
1091 Florida school districts to participate in the administration of
1092 the National Assessment of Educational Progress, or a similar
1093 national or international assessment program, both for the
1094 national sample and for any state-by-state comparison programs
1095 which may be initiated. The assessments must be conducted using
1096 the data collection procedures, the student surveys, the
1097 educator surveys, and other instruments included in the National
1098 Assessment of Educational Progress or similar national or
1099 international program being administered in Florida. The results
1100 of these assessments shall be included in the annual report of
1101 the Commissioner of Education specified in this section, as
1102 applicable. The administration of the National Assessment of
1103 Educational Progress or similar national or international
1104 program shall be in addition to and separate from the
1105 administration of the statewide assessment program. The
1106 requirement that school districts participate in international
1107 assessment programs shall expire June 30, 2016.
1108 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
1109 design and implement a statewide program of educational
1110 assessment that provides information for the improvement of the
1111 operation and management of the public schools, including
1112 schools operating for the purpose of providing educational
1113 services to youth in Department of Juvenile Justice programs.
1114 The commissioner may enter into contracts for the continued
1115 administration of the assessment, testing, and evaluation
1116 programs authorized and funded by the Legislature. Contracts may
1117 be initiated in 1 fiscal year and continue into the next and may
1118 be paid from the appropriations of either or both fiscal years.
1119 The commissioner is authorized to negotiate for the sale or
1120 lease of tests, scoring protocols, test scoring services, and
1121 related materials developed pursuant to law. Pursuant to the
1122 statewide assessment program, the commissioner shall:
1123 (c) Develop and implement a student achievement testing
1124 program as follows:
1125 1. The Florida Comprehensive Assessment Test (FCAT)
1126 measures a student’s content knowledge and skills in reading,
1127 writing, science, and mathematics. The content knowledge and
1128 skills assessed by the FCAT must be aligned to the core
1129 curricular content established in the Next Generation Sunshine
1130 State Standards. Other content areas may be included as directed
1131 by the commissioner. Comprehensive assessments of reading and
1132 mathematics shall be administered annually in grades 3 through
1133 10 except, beginning with the 2010-2011 school year, the
1134 administration of grade 9 FCAT Mathematics shall be
1135 discontinued, and beginning with the 2011-2012 school year, the
1136 administration of grade 10 FCAT Mathematics shall be
1137 discontinued, except as required for students who have not
1138 attained minimum performance expectations for graduation as
1139 provided in paragraph (9)(c). FCAT Writing and FCAT Science
1140 shall be administered at least once at the elementary, middle,
1141 and high school levels except, beginning with the 2011-2012
1142 school year, the administration of FCAT Science at the high
1143 school level shall be discontinued.
1144 2.a. End-of-course assessments for a subject shall be
1145 administered in addition to the comprehensive assessments
1146 required under subparagraph 1. End-of-course assessments must be
1147 rigorous, statewide, standardized, and developed or approved by
1148 the department. The content knowledge and skills assessed by
1149 end-of-course assessments must be aligned to the core curricular
1150 content established in the Next Generation Sunshine State
1151 Standards.
1152 (I) Statewide, standardized end-of-course assessments in
1153 mathematics shall be administered according to this sub-sub
1154 subparagraph. Beginning with the 2010-2011 school year, all
1155 students enrolled in Algebra I or an equivalent course must take
1156 the Algebra I end-of-course assessment. Students who earned high
1157 school credit in Algebra I while in grades 6 through 8 during
1158 the 2007-2008 through 2009-2010 school years and who have not
1159 taken Grade 10 FCAT Mathematics must take the Algebra I end-of
1160 course assessment during the 2010-2011 school year. For students
1161 entering grade 9 during the 2010-2011 school year and who are
1162 enrolled in Algebra I or an equivalent, each student’s
1163 performance on the end-of-course assessment in Algebra I shall
1164 constitute 30 percent of the student’s final course grade.
1165 Beginning with students entering grade 9 in the 2011-2012 school
1166 year, a student who is enrolled in Algebra I or an equivalent
1167 must earn a passing score on the end-of-course assessment in
1168 Algebra I or attain an equivalent score as described in
1169 subsection (11) in order to earn course credit. Beginning with
1170 the 2011-2012 school year, all students enrolled in geometry or
1171 an equivalent course must take the geometry end-of-course
1172 assessment. For students entering grade 9 during the 2011-2012
1173 school year, each student’s performance on the end-of-course
1174 assessment in geometry shall constitute 30 percent of the
1175 student’s final course grade. Beginning with students entering
1176 grade 9 during the 2012-2013 school year, a student must earn a
1177 passing score on the end-of-course assessment in geometry or
1178 attain an equivalent score as described in subsection (11) in
1179 order to earn course credit.
1180 (II) Statewide, standardized end-of-course assessments in
1181 science shall be administered according to this sub-sub
1182 subparagraph. Beginning with the 2011-2012 school year, all
1183 students enrolled in Biology I or an equivalent course must take
1184 the Biology I end-of-course assessment. For the 2011-2012 school
1185 year, each student’s performance on the end-of-course assessment
1186 in Biology I shall constitute 30 percent of the student’s final
1187 course grade. Beginning with students entering grade 9 during
1188 the 2012-2013 school year, a student must earn a passing score
1189 on the end-of-course assessment in Biology I in order to earn
1190 course credit.
1191 b. During the 2012-2013 school year, an end-of-course
1192 assessment in civics education shall be administered as a field
1193 test at the middle school level. During the 2013-2014 school
1194 year, each student’s performance on the statewide, standardized
1195 end-of-course assessment in civics education shall constitute 30
1196 percent of the student’s final course grade. Beginning with the
1197 2014-2015 school year, a student must earn a passing score on
1198 the end-of-course assessment in civics education in order to
1199 pass the course and be promoted from the middle grades receive
1200 course credit. The school principal of a middle school shall
1201 determine, in accordance with State Board of Education rule,
1202 whether a student who transfers to the middle school and who has
1203 successfully completed a civics education course at the
1204 student’s previous school must take an end-of-course assessment
1205 in civics education.
1206 c. The commissioner may select one or more nationally
1207 developed comprehensive examinations, which may include, but
1208 need not be limited to, examinations for a College Board
1209 Advanced Placement course, International Baccalaureate course,
1210 or Advanced International Certificate of Education course, or
1211 industry-approved examinations to earn national industry
1212 certifications identified in the Industry Certification Funding
1213 List, pursuant to rules adopted by the State Board of Education,
1214 for use as end-of-course assessments under this paragraph, if
1215 the commissioner determines that the content knowledge and
1216 skills assessed by the examinations meet or exceed the grade
1217 level expectations for the core curricular content established
1218 for the course in the Next Generation Sunshine State Standards.
1219 The commissioner may collaborate with the American Diploma
1220 Project in the adoption or development of rigorous end-of-course
1221 assessments that are aligned to the Next Generation Sunshine
1222 State Standards.
1223 d. Contingent upon funding provided in the General
1224 Appropriations Act, including the appropriation of funds
1225 received through federal grants, the Commissioner of Education
1226 shall establish an implementation schedule for the development
1227 and administration of additional statewide, standardized end-of
1228 course assessments in English/Language Arts II, Algebra II,
1229 chemistry, physics, earth/space science, United States history,
1230 and world history. Priority shall be given to the development of
1231 end-of-course assessments in English/Language Arts II. The
1232 Commissioner of Education shall evaluate the feasibility and
1233 effect of transitioning from the grade 9 and grade 10 FCAT
1234 Reading and high school level FCAT Writing to an end-of-course
1235 assessment in English/Language Arts II. The commissioner shall
1236 report the results of the evaluation to the President of the
1237 Senate and the Speaker of the House of Representatives no later
1238 than July 1, 2011.
1239 3. The testing program shall measure student content
1240 knowledge and skills adopted by the State Board of Education as
1241 specified in paragraph (a) and measure and report student
1242 performance levels of all students assessed in reading, writing,
1243 mathematics, and science. The commissioner shall provide for the
1244 tests to be developed or obtained, as appropriate, through
1245 contracts and project agreements with private vendors, public
1246 vendors, public agencies, postsecondary educational
1247 institutions, or school districts. The commissioner shall obtain
1248 input with respect to the design and implementation of the
1249 testing program from state educators, assistive technology
1250 experts, and the public.
1251 4. The testing program shall be composed of criterion
1252 referenced tests that shall, to the extent determined by the
1253 commissioner, include test items that require the student to
1254 produce information or perform tasks in such a way that the core
1255 content knowledge and skills he or she uses can be measured.
1256 5. FCAT Reading, Mathematics, and Science and all
1257 statewide, standardized end-of-course assessments shall measure
1258 the content knowledge and skills a student has attained on the
1259 assessment by the use of scaled scores and achievement levels.
1260 Achievement levels shall range from 1 through 5, with level 1
1261 being the lowest achievement level, level 5 being the highest
1262 achievement level, and level 3 indicating satisfactory
1263 performance on an assessment. For purposes of FCAT Writing,
1264 student achievement shall be scored using a scale of 1 through 6
1265 and the score earned shall be used in calculating school grades.
1266 A score shall be designated for each subject area tested, below
1267 which score a student’s performance is deemed inadequate. The
1268 school districts shall provide appropriate remedial instruction
1269 to students who score below these levels.
1270 6. The State Board of Education shall, by rule, designate a
1271 passing score for each part of the grade 10 assessment test and
1272 end-of-course assessments. Any rule that has the effect of
1273 raising the required passing scores may apply only to students
1274 taking the assessment for the first time after the rule is
1275 adopted by the State Board of Education. Except as otherwise
1276 provided in this subparagraph and as provided in s.
1277 1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
1278 passing score on grade 10 FCAT Reading and grade 10 FCAT
1279 Mathematics or attain concordant scores as described in
1280 subsection (10) in order to qualify for a standard high school
1281 diploma.
1282 7. In addition to designating a passing score under
1283 subparagraph 6., the State Board of Education shall also
1284 designate, by rule, a score for each statewide, standardized
1285 end-of-course assessment which indicates that a student is high
1286 achieving and has the potential to meet college-readiness
1287 standards by the time the student graduates from high school.
1288 8. Participation in the testing program is mandatory for
1289 all students attending public school, including students served
1290 in Department of Juvenile Justice programs, except as otherwise
1291 prescribed by the commissioner. A student who has not earned
1292 passing scores on the grade 10 FCAT as provided in subparagraph
1293 6. must participate in each retake of the assessment until the
1294 student earns passing scores or achieves scores on a
1295 standardized assessment which are concordant with passing scores
1296 pursuant to subsection (10). If a student does not participate
1297 in the statewide assessment, the district must notify the
1298 student’s parent and provide the parent with information
1299 regarding the implications of such nonparticipation. A parent
1300 must provide signed consent for a student to receive classroom
1301 instructional accommodations that would not be available or
1302 permitted on the statewide assessments and must acknowledge in
1303 writing that he or she understands the implications of such
1304 instructional accommodations. The State Board of Education shall
1305 adopt rules, based upon recommendations of the commissioner, for
1306 the provision of test accommodations for students in exceptional
1307 education programs and for students who have limited English
1308 proficiency. Accommodations that negate the validity of a
1309 statewide assessment are not allowable in the administration of
1310 the FCAT or an end-of-course assessment. However, instructional
1311 accommodations are allowable in the classroom if included in a
1312 student’s individual education plan. Students using
1313 instructional accommodations in the classroom that are not
1314 allowable as accommodations on the FCAT or an end-of-course
1315 assessment may have the FCAT or an end-of-course assessment
1316 requirement waived pursuant to the requirements of s.
1317 1003.428(8)(b) or s. 1003.43(11)(b).
1318 9. A student seeking an adult high school diploma must meet
1319 the same testing requirements that a regular high school student
1320 must meet.
1321 10. District school boards must provide instruction to
1322 prepare students in the core curricular content established in
1323 the Next Generation Sunshine State Standards adopted under s.
1324 1003.41, including the core content knowledge and skills
1325 necessary for successful grade-to-grade progression and high
1326 school graduation. If a student is provided with instructional
1327 accommodations in the classroom that are not allowable as
1328 accommodations in the statewide assessment program, as described
1329 in the test manuals, the district must inform the parent in
1330 writing and must provide the parent with information regarding
1331 the impact on the student’s ability to meet expected performance
1332 levels in reading, writing, mathematics, and science. The
1333 commissioner shall conduct studies as necessary to verify that
1334 the required core curricular content is part of the district
1335 instructional programs.
1336 11. District school boards must provide opportunities for
1337 students to demonstrate an acceptable performance level on an
1338 alternative standardized assessment approved by the State Board
1339 of Education following enrollment in summer academies.
1340 12. The Department of Education must develop, or select,
1341 and implement a common battery of assessment tools that will be
1342 used in all juvenile justice programs in the state. These tools
1343 must accurately measure the core curricular content established
1344 in the Next Generation Sunshine State Standards.
1345 13. For students seeking a special diploma pursuant to s.
1346 1003.438, the Department of Education must develop or select and
1347 implement an alternate assessment tool that accurately measures
1348 the core curricular content established in the Next Generation
1349 Sunshine State Standards for students with disabilities under s.
1350 1003.438.
1351 14. The Commissioner of Education shall establish schedules
1352 for the administration of statewide assessments and the
1353 reporting of student test results. When establishing the
1354 schedules for the administration of statewide assessments, the
1355 commissioner shall consider the observance of religious and
1356 school holidays. The commissioner shall, by August 1 of each
1357 year, notify each school district in writing and publish on the
1358 department’s Internet website the testing and reporting
1359 schedules for, at a minimum, the school year following the
1360 upcoming school year. The testing and reporting schedules shall
1361 require that:
1362 a. There is the latest possible administration of statewide
1363 assessments and the earliest possible reporting to the school
1364 districts of student test results which is feasible within
1365 available technology and specific appropriations; however, test
1366 results for the FCAT must be made available no later than the
1367 week of June 8. Student results for end-of-course assessments
1368 must be provided no later than 1 week after the school district
1369 completes testing for each course. The commissioner may extend
1370 the reporting schedule as he or she determines necessary.
1371 b. Beginning with the 2010-2011 school year, FCAT Writing
1372 may is not be administered earlier than the week of March 1 and
1373 a comprehensive statewide assessment of any other subject may is
1374 not be administered earlier than the week of April 15, unless
1375 the commissioner determines otherwise.
1376 c. A statewide, standardized end-of-course assessment is
1377 administered during a 3-week period at the end of the course.
1378 The commissioner shall select an a 3-week administration period
1379 for assessments that meets the intent of end-of-course
1380 assessments and provides student results prior to the end of the
1381 course. School districts shall administer tests in accordance
1382 with the schedule determined by the commissioner select 1
1383 testing week within the 3-week administration period for each
1384 end-of-course assessment. For an end-of-course assessment
1385 administered at the end of the first semester, the commissioner
1386 shall determine the most appropriate testing dates based on a
1387 school district’s academic calendar.
1388
1389 The commissioner may, based on collaboration and input from
1390 school districts, design and implement student testing programs,
1391 for any grade level and subject area, necessary to effectively
1392 monitor educational achievement in the state, including the
1393 measurement of educational achievement of the Next Generation
1394 Sunshine State Standards for students with disabilities.
1395 Development and refinement of assessments shall include
1396 universal design principles and accessibility standards that
1397 will prevent any unintended obstacles for students with
1398 disabilities while ensuring the validity and reliability of the
1399 test. These principles should be applicable to all technology
1400 platforms and assistive devices available for the assessments.
1401 The field testing process and psychometric analyses for the
1402 statewide assessment program must include an appropriate
1403 percentage of students with disabilities and an evaluation or
1404 determination of the effect of test items on such students.
1405 Section 20. Paragraph (b) of subsection (3) and subsection
1406 (4) of section 1008.33, Florida Statutes, are amended to read:
1407 1008.33 Authority to enforce public school improvement.—
1408 (3)
1409 (b) For the purpose of determining whether a public school
1410 requires action to achieve a sufficient level of school
1411 improvement, the Department of Education shall annually
1412 categorize a public school in one of six categories based on the
1413 following:
1414 1. The portion of a school’s grade based on statewide
1415 assessments administered pursuant to s. 1008.22; school’s grade,
1416 pursuant to s. 1008.34, and
1417 2. The level and rate of change in student performance in
1418 the areas of reading and mathematics, disaggregated into student
1419 subgroups as described in the federal Elementary and Secondary
1420 Education Act, 20 U.S.C. s. 6311(b)(2)(C)(v)(II).
1421 (4) The Department of Education shall create a matrix that
1422 reflects intervention and support strategies to address the
1423 particular needs of schools in each category. For purposes of
1424 this subsection, a school’s grade shall be calculated in
1425 accordance with paragraph (3)(b).
1426 (a) Intervention and support strategies shall be applied to
1427 schools based upon the school categorization. The Department of
1428 Education shall apply the most intense intervention strategies
1429 to the lowest-performing schools. For all but the lowest
1430 category and “F” schools in the second lowest category, the
1431 intervention and support strategies shall be administered solely
1432 by the districts and the schools.
1433 (b) Beginning with the school grades calculated in
1434 accordance with paragraph (3)(b) for the 2010-2011 school year,
1435 the lowest-performing schools are schools that have received:
1436 1. a grade of “F” in the most recent school year and in 2 4
1437 of the last 4 6 years; or
1438 2. A grade of “D” or “F” in the most recent school year and
1439 meet at least three of the following criteria:
1440 a. The percentage of students who are not proficient in
1441 reading has increased when compared to measurements taken 5
1442 years previously;
1443 b. The percentage of students who are not proficient in
1444 mathematics has increased when compared to measurements taken 5
1445 years previously;
1446 c. At least 65 percent of the school’s students are not
1447 proficient in reading; or
1448 d. At least 65 percent of the school’s students are not
1449 proficient in mathematics.
1450 Section 21. Paragraph (h) is added to subsection (2) of
1451 section 1008.331, Florida Statutes, to read:
1452 1008.331 Supplemental educational services in Title I
1453 schools; school district, provider, and department
1454 responsibilities.—
1455 (2) RESPONSIBILITIES OF SCHOOL DISTRICT AND PROVIDER.—
1456 (h) Notwithstanding a provider’s submission to the
1457 department regarding the premethods and postmethods to be used
1458 to determine student learning gains, beginning with the 2011
1459 2012 school year, a school board may include in its district
1460 contract with a provider a requirement to use a uniform
1461 standardized assessment, if the department is notified of such
1462 intent before services are provided to the student.
1463 Section 22. Subsection (3) of section 1008.34, Florida
1464 Statutes, is amended to read:
1465 1008.34 School grading system; school report cards;
1466 district grade.—
1467 (3) DESIGNATION OF SCHOOL GRADES.—
1468 (a) Each school that has students who are tested and
1469 included in the school grading system shall receive a school
1470 grade, except as follows:
1471 1. A school shall not receive a school grade if the number
1472 of its students tested and included in the school grading system
1473 is less than the minimum sample size necessary, based on
1474 accepted professional practice, for statistical reliability and
1475 prevention of the unlawful release of personally identifiable
1476 student data under s. 1002.22 or 20 U.S.C. s. 1232g.
1477 2. An alternative school may choose to receive a school
1478 grade under this section or a school improvement rating under s.
1479 1008.341. For charter schools that meet the definition of an
1480 alternative school pursuant to State Board of Education rule,
1481 the decision to receive a school grade is the decision of the
1482 charter school governing board.
1483 3. A school that serves any combination of students in
1484 kindergarten through grade 3 which does not receive a school
1485 grade because its students are not tested and included in the
1486 school grading system shall receive the school grade designation
1487 of a K-3 feeder pattern school identified by the Department of
1488 Education and verified by the school district. A school feeder
1489 pattern exists if at least 60 percent of the students in the
1490 school serving a combination of students in kindergarten through
1491 grade 3 are scheduled to be assigned to the graded school.
1492 (b)1. A school’s grade shall be based on a combination of:
1493 a. Student achievement scores, including achievement on all
1494 FCAT assessments administered under s. 1008.22(3)(c)1., end-of
1495 course assessments administered under s. 1008.22(3)(c)2.a., and
1496 achievement scores for students seeking a special diploma.
1497 b. Student learning gains in reading and mathematics as
1498 measured by FCAT and end-of-course assessments, as described in
1499 s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
1500 a special diploma, as measured by an alternate assessment tool,
1501 shall be included not later than the 2009-2010 school year.
1502 c. Improvement of the lowest 25th percentile of students in
1503 the school in reading and mathematics on the FCAT or end-of
1504 course assessments described in s. 1008.22(3)(c)2.a., unless
1505 these students are exhibiting satisfactory performance.
1506 2. Beginning with the 2011-2012 school year, for schools
1507 comprised of middle school grades 6 through 8 or grades 7 and 8,
1508 the school’s grade shall include the performance of its students
1509 in high school level courses with end-of-course assessments
1510 administered under s. 1008.22(3)(c)2.a., and as valid data
1511 becomes available, the students’ attainment of national industry
1512 certification identified in the Industry Certification Funding
1513 List pursuant to rules adopted by the State Board of Education.
1514 3.2. Beginning with the 2009-2010 school year for schools
1515 comprised of high school grades 9, 10, 11, and 12, or grades 10,
1516 11, and 12, 50 percent of the school grade shall be based on a
1517 combination of the factors listed in sub-subparagraphs 1.a.-c.
1518 and the remaining 50 percent on the following factors:
1519 a. The high school graduation rate of the school;
1520 b. As valid data becomes available, the performance and
1521 participation of the school’s students in College Board Advanced
1522 Placement courses, International Baccalaureate courses, dual
1523 enrollment courses, and Advanced International Certificate of
1524 Education courses; and the students’ achievement of national
1525 industry certification identified in the Industry Certification
1526 Funding List, pursuant to rules adopted by the State Board of
1527 Education;
1528 c. Postsecondary readiness of the school’s students as
1529 measured by the SAT, ACT, or the common placement test;
1530 d. The high school graduation rate of at-risk students who
1531 scored at Level 2 or lower on the grade 8 FCAT Reading and
1532 Mathematics examinations;
1533 e. As valid data becomes available, the performance of the
1534 school’s students on statewide standardized end-of-course
1535 assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1536 f. The growth or decline in the components listed in sub
1537 subparagraphs a.-e. from year to year.
1538 (c) Student assessment data used in determining school
1539 grades shall include:
1540 1. The aggregate scores of all eligible students enrolled
1541 in the school who have been assessed on the FCAT and statewide,
1542 standardized end-of-course assessments in courses required for
1543 high school graduation, including, beginning with the 2010-2011
1544 school year, the end-of-course assessment in Algebra I; and
1545 beginning with the 2011-2012 school year, the end-of-course
1546 assessments in geometry and Biology; and beginning with the
1547 2013-2014 school year, on the statewide, standardized end-of
1548 course assessment in civics education at the middle school
1549 level.
1550 2. The aggregate scores of all eligible students enrolled
1551 in the school who have been assessed on the FCAT and end-of
1552 course assessments as described in s. 1008.22(3)(c)2.a., and who
1553 have scored at or in the lowest 25th percentile of students in
1554 the school in reading and mathematics, unless these students are
1555 exhibiting satisfactory performance.
1556 3. The achievement scores and learning gains of eligible
1557 students attending alternative schools that provide dropout
1558 prevention and academic intervention services pursuant to s.
1559 1003.53. The term “eligible students” in this subparagraph does
1560 not include students attending an alternative school who are
1561 subject to district school board policies for expulsion for
1562 repeated or serious offenses, who are in dropout retrieval
1563 programs serving students who have officially been designated as
1564 dropouts, or who are in programs operated or contracted by the
1565 Department of Juvenile Justice. The student performance data for
1566 eligible students identified in this subparagraph shall be
1567 included in the calculation of the home school’s grade. As used
1568 in this subparagraph section and s. 1008.341, the term “home
1569 school” means the school to which the student would be assigned
1570 if the student were not assigned to an alternative school. If an
1571 alternative school chooses to be graded under this section,
1572 student performance data for eligible students identified in
1573 this subparagraph shall not be included in the home school’s
1574 grade but shall be included only in the calculation of the
1575 alternative school’s grade. A school district that fails to
1576 assign the FCAT and end-of-course assessment as described in s.
1577 1008.22(3)(c)2.a. scores of each of its students to his or her
1578 home school or to the alternative school that receives a grade
1579 shall forfeit Florida School Recognition Program funds for 1
1580 fiscal year. School districts must require collaboration between
1581 the home school and the alternative school in order to promote
1582 student success. This collaboration must include an annual
1583 discussion between the principal of the alternative school and
1584 the principal of each student’s home school concerning the most
1585 appropriate school assignment of the student.
1586 4. The achievement scores and learning gains of students
1587 designated as hospital or homebound. Student assessment data for
1588 students designated as hospital or homebound shall be assigned
1589 to their home school for the purposes of school grades. As used
1590 in this subparagraph, the term “home school” means the school to
1591 which a student would be assigned if the student were not
1592 assigned to a hospital or homebound program.
1593 5.4. For schools comprised of high school grades 9, 10, 11,
1594 and 12, or grades 10, 11, and 12, the data listed in
1595 subparagraphs 1.-3. and the following data as the Department of
1596 Education determines such data are valid and available:
1597 a. The high school graduation rate of the school as
1598 calculated by the Department of Education;
1599 b. The participation rate of all eligible students enrolled
1600 in the school and enrolled in College Board Advanced Placement
1601 courses; International Baccalaureate courses; dual enrollment
1602 courses; Advanced International Certificate of Education
1603 courses; and courses or sequence of courses leading to national
1604 industry certification identified in the Industry Certification
1605 Funding List, pursuant to rules adopted by the State Board of
1606 Education;
1607 c. The aggregate scores of all eligible students enrolled
1608 in the school in College Board Advanced Placement courses,
1609 International Baccalaureate courses, and Advanced International
1610 Certificate of Education courses;
1611 d. Earning of college credit by all eligible students
1612 enrolled in the school in dual enrollment programs under s.
1613 1007.271;
1614 e. Earning of a national industry certification identified
1615 in the Industry Certification Funding List, pursuant to rules
1616 adopted by the State Board of Education;
1617 f. The aggregate scores of all eligible students enrolled
1618 in the school in reading, mathematics, and other subjects as
1619 measured by the SAT, the ACT, and the common placement test for
1620 postsecondary readiness;
1621 g. The high school graduation rate of all eligible at-risk
1622 students enrolled in the school who scored at Level 2 or lower
1623 on the grade 8 FCAT Reading and Mathematics examinations;
1624 h. The performance of the school’s students on statewide
1625 standardized end-of-course assessments administered under s.
1626 1008.22(3)(c)2.b. and c.; and
1627 i. The growth or decline in the data components listed in
1628 sub-subparagraphs a.-h. from year to year.
1629 (d) Notwithstanding the requirements in paragraphs (b) and
1630 (c), beginning with the 2011-2012 school year, a school that
1631 does not meet the minimum proficiency standards established by
1632 the State Board of Education shall receive a school grade of
1633 “F.” A definition of minimum proficiency must include a minimum
1634 percent of students proficient in reading and may include
1635 significant gains from the prior year as a condition for waiving
1636 this paragraph.
1637
1638 The State Board of Education shall adopt appropriate criteria
1639 for each school grade. The criteria must also give added weight
1640 to student achievement in reading. Schools designated with a
1641 grade of “C,” making satisfactory progress, shall be required to
1642 demonstrate that adequate progress has been made by students in
1643 the school who are in the lowest 25th percentile in reading and
1644 mathematics on the FCAT and end-of-course assessments as
1645 described in s. 1008.22(3)(c)2.a., unless these students are
1646 exhibiting satisfactory performance. Beginning with the 2009
1647 2010 school year for schools comprised of high school grades 9,
1648 10, 11, and 12, or grades 10, 11, and 12, the criteria for
1649 school grades must also give added weight to the graduation rate
1650 of all eligible at-risk students, as defined in this paragraph.
1651 Beginning in the 2009-2010 school year, in order for a high
1652 school to be designated as having a grade of “A,” making
1653 excellent progress, the school must demonstrate that at-risk
1654 students, as defined in this paragraph, in the school are making
1655 adequate progress.
1656 Section 23. Paragraph (a) of subsection (3) of section
1657 1011.01, Florida Statutes, is amended to read:
1658 1011.01 Budget system established.—
1659 (3)(a) Each district school board and each community
1660 college board of trustees shall prepare, adopt, and submit to
1661 the Commissioner of Education for review an annual operating
1662 budget. Operating budgets shall be prepared and submitted in
1663 accordance with the provisions of law, rules of the State Board
1664 of Education, the General Appropriations Act, and for district
1665 school boards in accordance with the provisions of ss. 200.065
1666 and 1011.64.
1667 Section 24. Subsection (4) of section 1011.03, Florida
1668 Statutes, is amended to read:
1669 1011.03 Public hearings; budget to be submitted to
1670 Department of Education.—
1671 (4) The board shall hold public hearings to adopt tentative
1672 and final budgets pursuant to s. 200.065. The hearings shall be
1673 primarily for the purpose of hearing requests and complaints
1674 from the public regarding the budgets and the proposed tax
1675 levies and for explaining the budget and proposed or adopted
1676 amendments thereto, if any. The district school board shall then
1677 require the superintendent to transmit forthwith two copies of
1678 the adopted budget to the Department of Education for approval
1679 as prescribed by law and rules of the State Board of Education.
1680 Section 25. Section 1011.035, Florida Statutes, is created
1681 to read:
1682 1011.035 School district budget transparency.—
1683 (1) The Legislature finds that it is important for school
1684 districts to provide budgetary transparency to enable taxpayers,
1685 parents, and education advocates to obtain school district
1686 budgets and related information in a manner that is simply
1687 explained and easily understandable. The Legislature finds that
1688 financial transparency leads to more responsible spending, more
1689 citizen involvement, and improved accountability. The
1690 Legislature further finds that a budget that is not transparent,
1691 accessible, and accurate cannot be properly analyzed, its
1692 implementation thoroughly monitored, or its outcomes evaluated.
1693 (2) Each district school board shall post on its website
1694 its plain language version of each proposed, tentative, and
1695 official budget that describes each budget item in terms that
1696 are easily understandable to the public. This information must
1697 be prominently posted on the school district’s website in a
1698 manner that is readily accessible to the public.
1699 (3) Each district school board is encouraged to post the
1700 following information on its website:
1701 (a) Timely information as to when a budget hearing will be
1702 conducted;
1703 (b) Each approved contract between the district school
1704 board and the teachers’ union;
1705 (c) Each approved contract between the district school
1706 board and noninstructional staff;
1707 (d) Recommendations of the citizens’ budget advisory
1708 committee; and
1709 (e) Current and archived video recordings of each district
1710 school board meeting and workshop.
1711 (4) Each district school board’s website must contain
1712 links:
1713 (a) Helping explain or providing background information on
1714 various budget items that are required by state or federal law;
1715 (b) Allowing users to navigate to related sites to view
1716 supporting detail; and
1717 (c) Enabling taxpayers, parents, and education advocates to
1718 send e-mails asking questions about the budget and to enable
1719 others to see the questions and responses.
1720 Section 26. Subsection (1) of section 1011.61, Florida
1721 Statutes, is amended to read:
1722 1011.61 Definitions.—Notwithstanding the provisions of s.
1723 1000.21, the following terms are defined as follows for the
1724 purposes of the Florida Education Finance Program:
1725 (1) A “full-time equivalent student” in each program of the
1726 district is defined in terms of full-time students and part-time
1727 students as follows:
1728 (a) A “full-time student” is one student on the membership
1729 roll of one school program or a combination of school programs
1730 listed in s. 1011.62(1)(c) for the school year or the equivalent
1731 for:
1732 1. Instruction in a standard school, comprising not less
1733 than 900 net hours for a student in or at the grade level of 4
1734 through 12, or not less than 720 net hours for a student in or
1735 at the grade level of kindergarten through grade 3 or in an
1736 authorized prekindergarten exceptional program;
1737 2. Instruction in a double-session school or a school
1738 utilizing an experimental school calendar approved by the
1739 Department of Education, comprising not less than the equivalent
1740 of 810 net hours in grades 4 through 12 or not less than 630 net
1741 hours in kindergarten through grade 3; or
1742 3. Instruction comprising the appropriate number of net
1743 hours set forth in subparagraph 1. or subparagraph 2. for
1744 students who, within the past year, have moved with their
1745 parents for the purpose of engaging in the farm labor or fish
1746 industries, if a plan furnishing such an extended school day or
1747 week, or a combination thereof, has been approved by the
1748 commissioner. Such plan may be approved to accommodate the needs
1749 of migrant students only or may serve all students in schools
1750 having a high percentage of migrant students. The plan described
1751 in this subparagraph is optional for any school district and is
1752 not mandated by the state.
1753 (b) A “part-time student” is a student on the active
1754 membership roll of a school program or combination of school
1755 programs listed in s. 1011.62(1)(c) who is less than a full-time
1756 student.
1757 (c)1. A “full-time equivalent student” is:
1758 a. A full-time student in any one of the programs listed in
1759 s. 1011.62(1)(c); or
1760 b. A combination of full-time or part-time students in any
1761 one of the programs listed in s. 1011.62(1)(c) which is the
1762 equivalent of one full-time student based on the following
1763 calculations:
1764 (I) A full-time student, except a postsecondary or adult
1765 student or a senior high school student enrolled in adult
1766 education when such courses are required for high school
1767 graduation, in a combination of programs listed in s.
1768 1011.62(1)(c) shall be a fraction of a full-time equivalent
1769 membership in each special program equal to the number of net
1770 hours per school year for which he or she is a member, divided
1771 by the appropriate number of hours set forth in subparagraph
1772 (a)1. or subparagraph (a)2. The difference between that fraction
1773 or sum of fractions and the maximum value as set forth in
1774 subsection (4) for each full-time student is presumed to be the
1775 balance of the student’s time not spent in such special
1776 education programs and shall be recorded as time in the
1777 appropriate basic program.
1778 (II) A prekindergarten handicapped student shall meet the
1779 requirements specified for kindergarten students.
1780 (III) A full-time equivalent student for students in
1781 kindergarten through grade 5 in a school district virtual
1782 instruction program under s. 1002.45 shall consist of a student
1783 who has successfully completed a basic program listed in s.
1784 1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
1785 level.
1786 (IV) A full-time equivalent student for students in grades
1787 6 through 8 12 in a school district virtual instruction program
1788 under s. 1002.45(1)(b)1. and 2. shall consist of six full
1789 successful course credit completions in programs listed in s.
1790 1011.62(1)(c)1.b. or c. and 3. A full-time equivalent student
1791 for students in grades 9 through 12 in a school district virtual
1792 instruction program under s. 1002.45(1)(b)1. and 2. shall
1793 consist of six full credit completions in programs listed in s.
1794 1011.62(1)(c)1.c. or 3. Successful course Credit completions for
1795 students in grades 6 through 8 can be a combination of either
1796 successful semester or full course completions full credits or
1797 half credits. Successful credit completions for students in
1798 grades 9 through 12 can be a combination of either credits or
1799 half credits.
1800 (V) A Florida Virtual School full-time equivalent student
1801 shall consist of six full successful course completions for
1802 students in grades 4 through 8 credit completions in the
1803 programs listed in s. 1011.62(1)(c)1.b. for grades 6 through 8
1804 and the programs listed in s. 1011.62(1)(c)1.c. for grades 9
1805 through 12. A Florida Virtual School full-time equivalent
1806 student shall consist of six full credit completions for grades
1807 9 through 12 in the programs listed in s. 1011.62(1)(c)1.c. and
1808 3. Credit or course completions can be a combination of either
1809 successful semester or full course completions for grades 6
1810 through 8 and full credits and half-credits for grades 9 through
1811 12 full credits or half credits.
1812 (VI) Each successfully completed credit earned under the
1813 alternative high school course credit requirements authorized in
1814 s. 1002.375, which is not reported as a portion of the 900 net
1815 hours of instruction pursuant to subparagraph (1)(a)1., shall be
1816 calculated as 1/6 FTE.
1817 2. A student in membership in a program scheduled for more
1818 or less than 180 school days or the equivalent on an hourly
1819 basis as specified by rules of the State Board of Education is a
1820 fraction of a full-time equivalent membership equal to the
1821 number of instructional hours in membership divided by the
1822 appropriate number of hours set forth in subparagraph (a)1.;
1823 however, for the purposes of this subparagraph, membership in
1824 programs scheduled for more than 180 days is limited to students
1825 enrolled in juvenile justice education programs and the Florida
1826 Virtual School.
1827
1828 The department shall determine and implement an equitable method
1829 of equivalent funding for experimental schools and for schools
1830 operating under emergency conditions, which schools have been
1831 approved by the department to operate for less than the minimum
1832 school day.
1833 Section 27. Paragraph (p) of subsection (1) of section
1834 1011.62, Florida Statutes, is amended to read:
1835 1011.62 Funds for operation of schools.—If the annual
1836 allocation from the Florida Education Finance Program to each
1837 district for operation of schools is not determined in the
1838 annual appropriations act or the substantive bill implementing
1839 the annual appropriations act, it shall be determined as
1840 follows:
1841 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1842 OPERATION.—The following procedure shall be followed in
1843 determining the annual allocation to each district for
1844 operation:
1845 (p) Calculation of additional full-time equivalent
1846 membership based on certification of successful completion of
1847 industry-certified career and professional academy programs
1848 pursuant to ss. 1003.491, 1003.492, and 1003.493, and 1003.4935
1849 and identified in the Industry Certified Funding List pursuant
1850 to rules adopted by the State Board of Education.—A maximum
1851 value of 0.3 full-time equivalent student membership shall be
1852 calculated for each student who completes an industry-certified
1853 career and professional academy program under ss. 1003.491,
1854 1003.492, and 1003.493, and 1003.4935 and who is issued the
1855 highest level of industry certification identified annually in
1856 the Industry Certification Funding List approved under rules
1857 adopted by the State Board of Education and a high school
1858 diploma. The value of full-time equivalent student membership
1859 shall be determined by weights adopted by the State Board of
1860 Education pursuant to s. 1003.492. Such value shall be added to
1861 the total full-time equivalent student membership in secondary
1862 career education programs for grades 9 through 12 in the
1863 subsequent year for courses that were not funded through dual
1864 enrollment. The additional full-time equivalent membership
1865 authorized under this paragraph may not exceed 0.3 per student.
1866 Allocated funds shall be proportionately prorated and
1867 distributed to middle school career and professional academies
1868 for those students who earned industry certifications. Each
1869 district must allocate at least 80 percent of the funds
1870 generated by student attainment of an provided for industry
1871 certification, in accordance with this paragraph, to the program
1872 in which the student earned the industry certification that
1873 generated the funds. Unless a different amount is specified in
1874 the General Appropriations Act, the appropriation for this
1875 calculation is limited to $15 million annually. If the
1876 appropriation is insufficient to fully fund the total
1877 calculation, the appropriation shall be prorated.
1878 Section 28. Subsection (1) of section 1012.39, Florida
1879 Statutes, is amended to read:
1880 1012.39 Employment of substitute teachers, teachers of
1881 adult education, nondegreed teachers of career education, and
1882 career specialists; students performing clinical field
1883 experience.—
1884 (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
1885 1012.57, or any other provision of law or rule to the contrary,
1886 each district school board shall establish the minimal
1887 qualifications for:
1888 (a) Substitute teachers to be employed pursuant to s.
1889 1012.35. The qualifications shall require the filing of a
1890 complete set of fingerprints in the same manner as required by
1891 s. 1012.32; documentation of a minimum education level of a high
1892 school diploma or equivalent; and completion of an initial
1893 orientation and training program in district policies and
1894 procedures addressing school safety and security procedures,
1895 educational liability laws, professional responsibilities, and
1896 ethics.
1897 (b) Part-time and full-time teachers in adult education
1898 programs. The qualifications shall require the filing of a
1899 complete set of fingerprints in the same manner as required by
1900 s. 1012.32. Faculty employed solely to conduct postsecondary
1901 instruction may be exempted from this requirement.
1902 (c) Part-time and full-time nondegreed teachers of career
1903 programs. Qualifications shall be established for nondegreed
1904 teachers of career and technical education courses for program
1905 clusters that are recognized in this state agriculture,
1906 business, health occupations, family and consumer sciences,
1907 industrial, marketing, career specialist, and public service
1908 education teachers, based primarily on successful occupational
1909 experience rather than academic training. The qualifications for
1910 such teachers shall require:
1911 1. The filing of a complete set of fingerprints in the same
1912 manner as required by s. 1012.32. Faculty employed solely to
1913 conduct postsecondary instruction may be exempted from this
1914 requirement.
1915 2. Documentation of education and successful occupational
1916 experience including documentation of:
1917 a. A high school diploma or the equivalent.
1918 b. Completion of 6 years of full-time successful
1919 occupational experience or the equivalent of part-time
1920 experience in the teaching specialization area. The district
1921 school board may establish alternative qualifications for
1922 teachers who hold industry certificates in the career areas in
1923 which they teach. Alternate means of determining successful
1924 occupational experience may be established by the district
1925 school board.
1926 c. Industry certification if state or national industry
1927 certifications are available and applicable.
1928 d.c. Completion of career education training conducted
1929 through the local school district inservice master plan.
1930 e.d. For full-time teachers, completion of professional
1931 education training in teaching methods, course construction,
1932 lesson planning and evaluation, and teaching special needs
1933 students. This training may be completed through coursework from
1934 an accredited or approved institution or an approved district
1935 teacher education program.
1936 f.e. Demonstration of successful teaching performance.
1937 Section 29. Except as otherwise expressly provided in this
1938 act and except for this section, which shall take effect upon
1939 this act becoming a law, this act shall take effect July 1,
1940 2011.