Florida Senate - 2012 SB 756 By Senator Wise 5-00158C-12 2012756__ 1 A bill to be entitled 2 An act relating to career education; amending s. 3 1003.4156, F.S.; revising the general requirements for 4 middle grades promotion to require that a course in 5 career and education planning explore Florida’s Career 6 Clusters; creating s. 1003.4287, F.S.; providing 7 requirements for a career technical high school 8 diploma; requiring a student and the student’s parent 9 or guardian to agree in writing to the requirements of 10 the career diploma track; specifying the credits that 11 must be successfully completed in order to receive a 12 career diploma; requiring an intensive reading course 13 or remediation in mathematics for a student who does 14 not meet certain academic standards; requiring at 15 least one course required for high school graduation 16 to be completed through online learning; providing 17 strategies to enable an exceptional student to meet 18 graduation requirements for a career diploma; 19 requiring district school board standards for 20 graduation and policies to assist students in meeting 21 the requirements; requiring rules for test 22 accommodations and modifications of procedures for 23 students with disabilities; providing for the award of 24 a certificate of completion to a student who is unable 25 to meet certain standards; providing conditions for 26 the waiver of assessment requirements for a career 27 diploma for a student with a disability; providing 28 that a career technical high school diploma is a 29 standard high school diploma for purposes of federal 30 and state accountability requirements; authorizing the 31 State Board of Education to adopt rules; amending ss. 32 1002.321, 1002.33, 1002.45, 1003.03, 1003.413, 33 1003.428, 1003.438, 1003.493, 1003.4935, and 1008.22, 34 F.S.; conforming provisions to changes made by the 35 act; providing an effective date. 36 37 WHEREAS, the Legislature finds that the state’s public 38 education system needs to respond to the workforce needs of 39 employers by aligning career and technical education with 40 industry standards and workforce demands, and 41 WHEREAS, career and technical education helps students 42 experience the practical and meaningful application of any 43 number of skills and offers individuals lifelong opportunities 44 to learn new skills, and 45 WHEREAS, the Legislature intends to offer students the 46 option of receiving a career technical high school diploma to 47 meet the state’s workforce demands and allow students the 48 opportunity to continue their education or career paths, NOW, 49 THEREFORE, 50 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1. Paragraph (a) of subsection (1) of section 54 1003.4156, Florida Statutes, is amended to read: 55 1003.4156 General requirements for middle grades 56 promotion.— 57 (1) Promotion from a school composed of middle grades 6, 7, 58 and 8 requires that: 59 (a) The student must successfully complete academic courses 60 as follows: 61 1. Three middle school or higher courses in English. These 62 courses shall emphasize literature, composition, and technical 63 text. 64 2. Three middle school or higher courses in mathematics. 65 Each middle school must offer at least one high school level 66 mathematics course for which students may earn high school 67 credit. Successful completion of a high school level Algebra I 68 or geometry course is not contingent upon the student’s 69 performance on the end-of-course assessment required under s. 70 1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012 71 school year, to earn high school credit for an Algebra I course, 72 a middle school student must pass the Algebra I end-of-course 73 assessment, and beginning with the 2012-2013 school year, to 74 earn high school credit for a geometry course, a middle school 75 student must pass the geometry end-of-course assessment. 76 3. Three middle school or higher courses in social studies, 77 one semester of which must include the study of state and 78 federal government and civics education. Beginning with students 79 entering grade 6 in the 2012-2013 school year, one of these 80 courses must be at least a one-semester civics education course 81 that a student successfully completes in accordance with s. 82 1008.22(3)(c) and that includes the roles and responsibilities 83 of federal, state, and local governments; the structures and 84 functions of the legislative, executive, and judicial branches 85 of government; and the meaning and significance of historic 86 documents, such as the Articles of Confederation, the 87 Declaration of Independence, and the Constitution of the United 88 States. 89 4. Three middle school or higher courses in science. 90 Successful completion of a high school level Biology I course is 91 not contingent upon the student’s performance on the end-of 92 course assessment required under s. 1008.22(3)(c)2.a.(II). 93 However, beginning with the 2012-2013 school year, to earn high 94 school credit for a Biology I course, a middle school student 95 must pass the Biology I end-of-course assessment. 96 5. One course in career and education planning to be 97 completed in 7th or 8th grade. The course may be taught by any 98 member of the instructional staff; must include career 99 exploration aligned to Florida’s Career Clusters; must include 100 career exploration using Florida CHOICES or a comparable cost 101 effective program; must include educational planning using the 102 online student advising system known as Florida Academic 103 Counseling and Tracking for Students at the Internet website 104 FACTS.org; and shall result in the completion of a personalized 105 academic and career plan. The required personalized academic and 106 career plan must inform students of high school graduation 107 requirements, high school assessment and college entrance test 108 requirements, Florida Bright Futures Scholarship Program 109 requirements, state university and Florida College System 110 institution admission requirements, and programs through which a 111 high school student can earn college credit, including Advanced 112 Placement, International Baccalaureate, Advanced International 113 Certificate of Education, dual enrollment, career academy 114 opportunities, and courses that lead to national industry 115 certification. 116 117 A student with a disability, as defined in s. 1007.02(2), for 118 whom the individual education plan team determines that an end 119 of-course assessment cannot accurately measure the student’s 120 abilities, taking into consideration all allowable 121 accommodations, shall have the end-of-course assessment results 122 waived for purposes of determining the student’s course grade 123 and completing the requirements for middle grades promotion. 124 Each school must hold a parent meeting either in the evening or 125 on a weekend to inform parents about the course curriculum and 126 activities. Each student shall complete an electronic personal 127 education plan that must be signed by the student; the student’s 128 instructor, guidance counselor, or academic advisor; and the 129 student’s parent. The Department of Education shall develop 130 course frameworks and professional development materials for the 131 career exploration and education planning course. The course may 132 be implemented as a stand-alone course or integrated into 133 another course or courses. The Commissioner of Education shall 134 collect longitudinal high school course enrollment data by 135 student ethnicity in order to analyze course-taking patterns. 136 Section 2. Section 1003.4287, Florida Statutes, is created 137 to read: 138 1003.4287 Requirements for the career technical high school 139 diploma.— 140 (1) Beginning with students entering grade 9 in the 2012 141 2013 school year, a career technical high school diploma shall 142 be awarded to a student who successfully completes a minimum of 143 24 credits as required under this section. In order to pursue 144 the career diploma, the student and the student’s parent or 145 guardian must sign a form confirming that they are aware of the 146 requirements for the career track and agree to the minimum 147 standards for successful completion. The school personnel 148 designated to advise the student or the school principal must 149 also sign the form to confirm that the school and the school 150 district are aware of the student’s intent to pursue the career 151 diploma. The form shall be a standard form prescribed by the 152 Department of Education and used in each school district. 153 Students must be advised of eligibility requirements for state 154 scholarship programs and postsecondary admissions. 155 (2) The 24 credits may be earned through applied, 156 integrated, and combined courses approved by the Department of 157 Education and shall be distributed as follows: 158 (a) Core curriculum credits: 159 1. Four credits in English, with major concentration in 160 composition, reading for information, and literature. 161 2. Four credits in mathematics, one of which must be 162 Algebra I, a series of courses equivalent to Algebra I, or a 163 higher-level mathematics course. In addition to the Algebra I 164 credit requirement, one of the four credits in mathematics must 165 be geometry or a series of courses equivalent to geometry as 166 approved by the State Board of Education. The end-of-course 167 assessment requirements under s. 1008.22(3)(c)2.a.(I) must be 168 met in order for a student to earn the required credits in 169 Algebra I and geometry. In addition to the Algebra I and 170 geometry credit requirements, one of the four credits in 171 mathematics must be an applied Algebra II or a series of courses 172 equivalent to applied Algebra II as approved by the State Board 173 of Education. The applied Algebra II course shall be aligned 174 with the career or technical course of study in which the 175 student is enrolled. To the extent possible, the applied Algebra 176 II course must be incorporated into the career or technical 177 courses in which the student is enrolled. 178 3. Three credits in science, two of which must have a 179 laboratory component. One of the three credits in science must 180 be Biology I or a series of courses equivalent to Biology I as 181 approved by the State Board of Education. The end-of-course 182 assessment requirements under s. 1008.22(3)(c)2.a.(II) must be 183 met in order for a student to earn the required credit in 184 Biology I. Beginning with students entering grade 9 in the 2013 185 2014 school year, one of the three credits must be Biology I or 186 a series of courses equivalent to Biology I as approved by the 187 State Board of Education, one credit must be applied chemistry 188 or applied physics or a series of courses equivalent to applied 189 chemistry or applied physics as approved by the State Board of 190 Education, and one credit must be an equally rigorous course in 191 an applied science, as determined by the State Board of 192 Education. The applied courses shall be aligned with the career 193 or technical course of study in which the student is enrolled. 194 To the extent possible, the applied courses must be incorporated 195 into the career or technical courses in which the student is 196 enrolled. 197 4. Three credits in social studies as follows: one credit 198 in United States history; one credit in world history; one-half 199 credit in economics; and one-half credit in United States 200 government. 201 5. One-half credit in fine or performing arts, speech and 202 debate, or a practical arts course that incorporates artistic 203 content and techniques of creativity, interpretation, and 204 imagination. Eligible practical arts courses shall be identified 205 through the Course Code Directory. 206 6. One credit in physical education to include integration 207 of health. Participation in an interscholastic sport at the 208 junior varsity or varsity level for two full seasons shall 209 satisfy the one-credit requirement in physical education if the 210 student passes a competency test on personal fitness with a 211 score of “C” or better. The competency test on personal fitness 212 must be developed by the Department of Education. A district 213 school board may not require that the one credit in physical 214 education be taken during the 9th grade year. Completion of one 215 semester with a grade of “C” or better in a marching band class, 216 in a physical activity class that requires participation in 217 marching band activities as an extracurricular activity, or in a 218 dance class shall satisfy one-half credit in physical education 219 or one-half credit in performing arts. This credit may not be 220 used to satisfy the personal fitness requirement or the 221 requirement for adaptive physical education under an individual 222 education plan (IEP) or 504 plan. Completion of 2 years in a 223 Reserve Officer Training Corps (R.O.T.C.) class, a significant 224 component of which is drills, shall satisfy the one-credit 225 requirement in physical education and the one-credit requirement 226 in performing arts. This credit may not be used to satisfy the 227 personal fitness requirement or the requirement for adaptive 228 physical education under an individual education plan (IEP) or 229 504 plan. 230 (b) Up to a maximum of seven credits in a career or 231 technical training program leading to the attainment of an 232 industry certification included on the Industry Certified 233 Funding List pursuant to rules adopted by the State Board of 234 Education. The program must be in compliance with ss. 1003.491, 235 1003.492, and 1003.493 which relate to industry-certified career 236 education programs. A student must receive at least a “C” 237 average in each course to earn the required credit. 238 (c) One-half credit in a career preparation or planning 239 course. A student must receive at least a “C” average to earn 240 the required credit. 241 (d) One credit in an elective. 242 1. For each year in which a student scores at Level 1 on 243 FCAT Reading, the student must be enrolled in and complete an 244 intensive reading course the following year. Placement of Level 245 2 readers in either an intensive reading course or a content 246 area course in which reading strategies are delivered shall be 247 determined by diagnosis of reading needs. The department shall 248 provide guidance on appropriate strategies for diagnosing and 249 meeting the varying instructional needs of students reading 250 below grade level. Reading courses shall be designed and offered 251 pursuant to the comprehensive reading plan required by s. 252 1011.62(9). A high school student who scores at Level 1 or Level 253 2 on FCAT Reading but who did not score below Level 3 in the 254 previous 3 years may be granted a 1-year exemption from the 255 reading remediation requirement; however, the student must have 256 an approved academic improvement plan already in place, signed 257 by the appropriate school staff and the student’s parent, for 258 the year for which the exemption is granted. 259 2. For each year in which a student scores at Level 1 or 260 Level 2 on FCAT Mathematics, the student must receive 261 remediation the following year. These courses may be taught 262 through applied, integrated, or combined courses and are subject 263 to approval by the department for inclusion in the Course Code 264 Directory. 265 (e) Beginning with students entering grade 9 in the 2012 266 2013 school year, at least one course within the 24 credits 267 required in this subsection must be completed through online 268 learning. However, an online course taken during grades 6 269 through 8 fulfills this requirement. This requirement shall be 270 met through an online course offered by the Florida Virtual 271 School, an online course offered by the high school, or an 272 online dual enrollment course offered pursuant to a district 273 interinstitutional articulation agreement pursuant to s. 274 1007.235. A student who is enrolled in a full-time or part-time 275 virtual instruction program under s. 1002.45 meets this 276 requirement. 277 (3)(a) A district school board may require specific courses 278 and programs of study within the minimum credit requirements for 279 high school graduation and shall modify basic courses, as 280 necessary, to assure exceptional students the opportunity to 281 meet the graduation requirements for a career diploma, using one 282 of the following strategies: 283 1. Assignment of the exceptional student to an exceptional 284 education class for instruction in a basic course that has the 285 same student performance standards as those required of 286 nonexceptional students in the district school board student 287 progression plan; or 288 2. Assignment of the exceptional student to a basic 289 education class for instruction that is modified to accommodate 290 the student’s exceptionality. 291 (b) The district school board shall determine which of 292 these strategies to employ based upon an assessment of the 293 student’s needs and shall reflect this decision in the student’s 294 individual education plan. 295 (4) Each district school board shall establish standards 296 for graduation from its schools, which must include: 297 (a) Successful completion of the academic credit or 298 curriculum requirements of subsections (1) and (2). For courses 299 that require statewide, standardized end-of-course assessments 300 under s. 1008.22(3)(c)2.d., a minimum of 30 percent of a 301 student’s course grade shall be comprised of performance on the 302 statewide, standardized end-of-course assessment. 303 (b) Earning passing scores on the FCAT, as defined in s. 304 1008.22(3)(c), or scores on a standardized test which are 305 concordant with passing scores on the FCAT, as defined in s. 306 1008.22(10). 307 (c) Completion of all other applicable requirements 308 prescribed by the district school board pursuant to s. 1008.25. 309 (d) Achievement of a cumulative grade point average of 2.0 310 on a 4.0 scale, or its equivalent, in the courses required by 311 this section. 312 313 Each district school board shall adopt policies designed to 314 assist students in meeting the requirements of this subsection. 315 These policies may include, but are not limited to: forgiveness 316 policies, summer school or before or after school attendance, 317 special counseling, volunteers or peer tutors, school-sponsored 318 help sessions, homework hotlines, and study skills classes. 319 Forgiveness policies for required courses shall be limited to 320 replacing a grade of “D” or “F,” or the equivalent of a grade of 321 “D” or “F,” with a grade of “C” or higher, or the equivalent of 322 a grade of “C” or higher, earned subsequently in the same or 323 comparable course. Forgiveness policies for elective courses 324 shall be limited to replacing a grade of “D” or “F,” or the 325 equivalent of a grade of “D” or “F,” with a grade of “C” or 326 higher, or the equivalent of a grade of “C” or higher, earned 327 subsequently in another course. The only exception to these 328 forgiveness policies shall be made for a student in the middle 329 grades who takes any high school course for high school credit 330 and earns a grade of “C,” “D,” or “F” or the equivalent of a 331 grade of “C,” “D,” or “F.” In such case, the district 332 forgiveness policy must allow the replacement of the grade with 333 a grade of “C” or higher, or the equivalent of a grade of “C” or 334 higher, earned subsequently in the same or comparable course. In 335 all cases of grade forgiveness, only the new grade shall be used 336 in the calculation of the student’s grade point average. Any 337 course grade not replaced according to a district school board 338 forgiveness policy shall be included in the calculation of the 339 cumulative grade point average required for graduation. 340 (5) The State Board of Education, after a public hearing 341 and consideration, shall adopt rules based upon the 342 recommendations of the Commissioner of Education for the 343 provision of test accommodations and modifications of procedures 344 as necessary for students with disabilities which will 345 demonstrate the student’s abilities rather than reflect the 346 student’s impaired sensory, manual, speaking, or psychological 347 process skills. 348 (6) The public hearing and consideration required in 349 subsection (5) shall not be construed to amend or nullify the 350 requirements of security relating to the contents of 351 examinations or assessment instruments and related materials or 352 data as prescribed in s. 1008.23. 353 (7)(a) A student who meets all requirements prescribed in 354 subsections (1), (2), (3), and (4) shall be awarded a career 355 diploma in a form prescribed by the State Board of Education. 356 (b) A student who completes the minimum number of credits 357 and other requirements prescribed by subsections (1), (2), and 358 (3), but who is unable to meet the standards of paragraph 359 (4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded 360 a certificate of completion in a form prescribed by the State 361 Board of Education. However, any student who is otherwise 362 entitled to a certificate of completion may elect to remain in 363 the secondary school either as a full-time student or a part 364 time student for up to 1 additional year and receive special 365 instruction designed to remedy his or her identified 366 deficiencies. 367 (8)(a) Each district school board must provide instruction 368 to prepare students with disabilities to demonstrate proficiency 369 in the core content knowledge and skills necessary for 370 successful grade-to-grade progression and high school 371 graduation. 372 (b)1. A student with a disability, as defined in s. 373 1007.02(2), for whom the individual education plan (IEP) 374 committee determines that the FCAT cannot accurately measure the 375 student’s abilities, taking into consideration all allowable 376 accommodations, shall have the FCAT requirement of paragraph 377 (4)(b) waived for the purpose of receiving a career diploma, if 378 the student: 379 a. Completes the minimum number of credits and other 380 requirements prescribed by subsections (1), (2), and (3). 381 b. Does not meet the requirements of paragraph (4)(b) after 382 one opportunity in 10th grade and one opportunity in 11th grade. 383 2. A student with a disability, as defined in s. 384 1007.02(2), for whom the IEP committee determines that an end 385 of-course assessment cannot accurately measure the student’s 386 abilities, taking into consideration all allowable 387 accommodations, shall have the end-of-course assessment results 388 waived for the purpose of determining the student’s course grade 389 and credit as required in paragraph (4)(a). 390 (9) A career technical high school diploma shall be a 391 standard high school diploma for purposes of federal and state 392 accountability requirements. 393 (10) The State Board of Education may adopt rules pursuant 394 to ss. 120.536(1) and 120.54 to implement the provisions of this 395 section and may enforce the provisions of this section pursuant 396 to s. 1008.32. 397 Section 3. Subsection (3) of section 1002.321, Florida 398 Statutes, is amended to read: 399 1002.321 Digital learning.— 400 (3) DIGITAL PREPARATION.—Each student must graduate from 401 high school having taken at least one online course, as provided 402 in s. 1003.428 or s. 1003.4287. 403 Section 4. Paragraph (a) of subsection (7) of section 404 1002.33, Florida Statutes, is amended to read: 405 1002.33 Charter schools.— 406 (7) CHARTER.—The major issues involving the operation of a 407 charter school shall be considered in advance and written into 408 the charter. The charter shall be signed by the governing board 409 of the charter school and the sponsor, following a public 410 hearing to ensure community input. 411 (a) The charter shall address and criteria for approval of 412 the charter shall be based on: 413 1. The school’s mission, the students to be served, and the 414 ages and grades to be included. 415 2. The focus of the curriculum, the instructional methods 416 to be used, any distinctive instructional techniques to be 417 employed, and identification and acquisition of appropriate 418 technologies needed to improve educational and administrative 419 performance which include a means for promoting safe, ethical, 420 and appropriate uses of technology which comply with legal and 421 professional standards. 422 a. The charter shall ensure that reading is a primary focus 423 of the curriculum and that resources are provided to identify 424 and provide specialized instruction for students who are reading 425 below grade level. The curriculum and instructional strategies 426 for reading must be consistent with the Sunshine State Standards 427 and grounded in scientifically based reading research. 428 b. In order to provide students with access to diverse 429 instructional delivery models, to facilitate the integration of 430 technology within traditional classroom instruction, and to 431 provide students with the skills they need to compete in the 432 21st century economy, the Legislature encourages instructional 433 methods for blended learning courses consisting of both 434 traditional classroom and online instructional techniques. 435 Charter schools may implement blended learning courses which 436 combine traditional classroom instruction and virtual 437 instruction. Students in a blended learning course must be full 438 time students of the charter school and receive the online 439 instruction in a classroom setting at the charter school. 440 Instructional personnel certified pursuant to s. 1012.55 who 441 provide virtual instruction for blended learning courses may be 442 employees of the charter school or may be under contract to 443 provide instructional services to charter school students. At a 444 minimum, such instructional personnel must hold an active state 445 or school district adjunct certification under s. 1012.57 for 446 the subject area of the blended learning course. The funding and 447 performance accountability requirements for blended learning 448 courses are the same as those for traditional courses. 449 3. The current incoming baseline standard of student 450 academic achievement, the outcomes to be achieved, and the 451 method of measurement that will be used. The criteria listed in 452 this subparagraph shall include a detailed description of: 453 a. How the baseline student academic achievement levels and 454 prior rates of academic progress will be established. 455 b. How these baseline rates will be compared to rates of 456 academic progress achieved by these same students while 457 attending the charter school. 458 c. To the extent possible, how these rates of progress will 459 be evaluated and compared with rates of progress of other 460 closely comparable student populations. 461 462 The district school board is required to provide academic 463 student performance data to charter schools for each of their 464 students coming from the district school system, as well as 465 rates of academic progress of comparable student populations in 466 the district school system. 467 4. The methods used to identify the educational strengths 468 and needs of students and how well educational goals and 469 performance standards are met by students attending the charter 470 school. The methods shall provide a means for the charter school 471 to ensure accountability to its constituents by analyzing 472 student performance data and by evaluating the effectiveness and 473 efficiency of its major educational programs. Students in 474 charter schools shall, at a minimum, participate in the 475 statewide assessment program created under s. 1008.22. 476 5. In secondary charter schools, a method for determining 477 that a student has satisfied the requirements for graduation in 478 s. 1003.428, s. 1003.4287, s. 1003.429, or s. 1003.43. 479 6. A method for resolving conflicts between the governing 480 board of the charter school and the sponsor. 481 7. The admissions procedures and dismissal procedures, 482 including the school’s code of student conduct. 483 8. The ways by which the school will achieve a 484 racial/ethnic balance reflective of the community it serves or 485 within the racial/ethnic range of other public schools in the 486 same school district. 487 9. The financial and administrative management of the 488 school, including a reasonable demonstration of the professional 489 experience or competence of those individuals or organizations 490 applying to operate the charter school or those hired or 491 retained to perform such professional services and the 492 description of clearly delineated responsibilities and the 493 policies and practices needed to effectively manage the charter 494 school. A description of internal audit procedures and 495 establishment of controls to ensure that financial resources are 496 properly managed must be included. Both public sector and 497 private sector professional experience shall be equally valid in 498 such a consideration. 499 10. The asset and liability projections required in the 500 application which are incorporated into the charter and shall be 501 compared with information provided in the annual report of the 502 charter school. 503 11. A description of procedures that identify various risks 504 and provide for a comprehensive approach to reduce the impact of 505 losses; plans to ensure the safety and security of students and 506 staff; plans to identify, minimize, and protect others from 507 violent or disruptive student behavior; and the manner in which 508 the school will be insured, including whether or not the school 509 will be required to have liability insurance, and, if so, the 510 terms and conditions thereof and the amounts of coverage. 511 12. The term of the charter which shall provide for 512 cancellation of the charter if insufficient progress has been 513 made in attaining the student achievement objectives of the 514 charter and if it is not likely that such objectives can be 515 achieved before expiration of the charter. The initial term of a 516 charter shall be for 4 or 5 years. In order to facilitate access 517 to long-term financial resources for charter school 518 construction, charter schools that are operated by a 519 municipality or other public entity as provided by law are 520 eligible for up to a 15-year charter, subject to approval by the 521 district school board. A charter lab school is eligible for a 522 charter for a term of up to 15 years. In addition, to facilitate 523 access to long-term financial resources for charter school 524 construction, charter schools that are operated by a private, 525 not-for-profit, s. 501(c)(3) status corporation are eligible for 526 up to a 15-year charter, subject to approval by the district 527 school board. Such long-term charters remain subject to annual 528 review and may be terminated during the term of the charter, but 529 only according to the provisions set forth in subsection (8). 530 13. The facilities to be used and their location. 531 14. The qualifications to be required of the teachers and 532 the potential strategies used to recruit, hire, train, and 533 retain qualified staff to achieve best value. 534 15. The governance structure of the school, including the 535 status of the charter school as a public or private employer as 536 required in paragraph (12)(i). 537 16. A timetable for implementing the charter which 538 addresses the implementation of each element thereof and the 539 date by which the charter shall be awarded in order to meet this 540 timetable. 541 17. In the case of an existing public school that is being 542 converted to charter status, alternative arrangements for 543 current students who choose not to attend the charter school and 544 for current teachers who choose not to teach in the charter 545 school after conversion in accordance with the existing 546 collective bargaining agreement or district school board rule in 547 the absence of a collective bargaining agreement. However, 548 alternative arrangements shall not be required for current 549 teachers who choose not to teach in a charter lab school, except 550 as authorized by the employment policies of the state university 551 which grants the charter to the lab school. 552 18. Full disclosure of the identity of all relatives 553 employed by the charter school who are related to the charter 554 school owner, president, chairperson of the governing board of 555 directors, superintendent, governing board member, principal, 556 assistant principal, or any other person employed by the charter 557 school who has equivalent decisionmaking authority. For the 558 purpose of this subparagraph, the term “relative” means father, 559 mother, son, daughter, brother, sister, uncle, aunt, first 560 cousin, nephew, niece, husband, wife, father-in-law, mother-in 561 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 562 stepfather, stepmother, stepson, stepdaughter, stepbrother, 563 stepsister, half brother, or half sister. 564 19. Implementation of the activities authorized under s. 565 1002.331 by the charter school when it satisfies the eligibility 566 requirements for a high-performing charter school. A high 567 performing charter school shall notify its sponsor in writing by 568 March 1 if it intends to increase enrollment or expand grade 569 levels the following school year. The written notice shall 570 specify the amount of the enrollment increase and the grade 571 levels that will be added, as applicable. 572 Section 5. Paragraph (b) of subsection (4) of section 573 1002.45, Florida Statutes, is amended to read: 574 1002.45 Virtual instruction programs.— 575 (4) CONTRACT REQUIREMENTS.—Each contract with an approved 576 provider must at minimum: 577 (b) Provide a method for determining that a student has 578 satisfied the requirements for graduation in s. 1003.428, s. 579 1003.4287, s. 1003.429, or s. 1003.43 if the contract is for the 580 provision of a full-time virtual instruction program to students 581 in grades 9 through 12. 582 Section 6. Subsection (6) of section 1003.03, Florida 583 Statutes, is amended to read: 584 1003.03 Maximum class size.— 585 (6) COURSES FOR COMPLIANCE.—Consistent with the provisions 586 in ss. 1003.01(14),
and1003.428, and 1003.4287, the Department 587 of Education shall identify from the Course Code Directory the 588 core-curricula courses for the purpose of satisfying the maximum 589 class size requirement in this section. The department may adopt 590 rules to implement this subsection, if necessary. 591 Section 7. Subsection (3) of section 1003.413, Florida 592 Statutes, is amended to read: 593 1003.413 Florida Secondary School Redesign Act.— 594 (3) Based on these guiding principles, district school 595 boards shall establish policies to implement the requirements of 596 ss. 1003.4156, 1003.428, 1003.4287, and 1003.493. The policies 597 must address: 598 (a) Procedures for placing and promoting students who enter 599 a Florida public school at grade 6 through grade 12 from out of 600 state or from a foreign country, including a review of the 601 student’s prior academic performance. 602 (b) Alternative methods for students to demonstrate 603 competency in required courses and credits, with special support 604 for students who have been retained. 605 (c) Applied, integrated, and combined courses that provide 606 flexibility for students to enroll in courses that are creative 607 and meet individual learning styles and student needs. 608 (d) Credit recovery courses and intensive reading and 609 mathematics intervention courses based on student performance on 610 FCAT Reading and Mathematics. These courses should be competency 611 based and offered through innovative delivery systems, including 612 computer-assisted instruction. School districts should use 613 learning gains as well as other appropriate data and provide 614 incentives to identify and reward high-performing teachers who 615 teach credit recovery and intensive intervention courses. 616 (e) Grade forgiveness policies that replace a grade of “D” 617 or “F” with a grade of “C” or higher earned subsequently in the 618 same or a comparable course. 619 (f) Summer academies for students to receive intensive 620 reading and mathematics intervention courses or competency-based 621 credit recovery courses. A student’s participation in an 622 instructional or remediation program prior to or immediately 623 following entering grade 9 for the first time shall not affect 624 that student’s classification as a first-time 9th grader for 625 reporting purposes. 626 (g) Strategies to support teachers’ pursuit of the reading 627 endorsement and emphasize reading instruction professional 628 development for content area teachers. 629 (h) Creative and flexible scheduling designed to meet 630 student needs. 631 (i) An annual review of each high school student’s 632 electronic personal education plan created pursuant to s. 633 1003.4156 and procedures for high school students who have not 634 prepared an electronic personal education plan pursuant to s. 635 1003.4156 to prepare such plan. 636 (j) Tools for parents to regularly monitor student progress 637 and communicate with teachers. 638 (k) Additional course requirements for promotion and 639 graduation which may be determined by each school district in 640 the student progression plan and may include additional 641 academic, fine and performing arts, physical education, or 642 career and technical education courses in order to provide a 643 complete education program pursuant to s. 1001.41(3). 644 Section 8. Subsection (1) of section 1003.428, Florida 645 Statutes, is amended to read: 646 1003.428 General requirements for high school graduation; 647 revised.— 648 (1) Except as otherwise authorized pursuant to s. 1003.4287 649 or s. 1003.429, beginning with students entering grade 9 in the 650 2007-2008 school year, graduation requires the successful 651 completion of a minimum of 24 credits, an International 652 Baccalaureate curriculum, or an Advanced International 653 Certificate of Education curriculum. Students must be advised of 654 eligibility requirements for state scholarship programs and 655 postsecondary admissions. 656 Section 9. Section 1003.438, Florida Statutes, is amended 657 to read: 658 1003.438 Special high school graduation requirements for 659 certain exceptional students.—A student who has been identified, 660 in accordance with rules established by the State Board of 661 Education, as a student with disabilities who has an 662 intellectual disability; an autism spectrum disorder; a language 663 impairment; an orthopedic impairment; an other health 664 impairment; a traumatic brain injury; an emotional or behavioral 665 disability; a specific learning disability, including, but not 666 limited to, dyslexia, dyscalculia, or developmental aphasia; or 667 students who are deaf or hard of hearing or dual sensory 668 impaired shall not be required to meet all requirements of s. 669 1003.43, ors. 1003.428, or s. 1003.4287 and shall, upon meeting 670 all applicable requirements prescribed by the district school 671 board pursuant to s. 1008.25, be awarded a special diploma in a 672 form prescribed by the commissioner; however, such special 673 graduation requirements prescribed by the district school board 674 must include minimum graduation requirements as prescribed by 675 the commissioner. Any such student who meets all special 676 requirements of the district school board, but is unable to meet 677 the appropriate special state minimum requirements, shall be 678 awarded a special certificate of completion in a form prescribed 679 by the commissioner. However, this section does not limit or 680 restrict the right of an exceptional student solely to a special 681 diploma or special certificate of completion. Any such student 682 shall, upon proper request, be afforded the opportunity to fully 683 meet all requirements of s. 1003.43, ors. 1003.428, or s. 684 1003.4287 through the standard procedures established therein 685 and thereby to qualify for a standard diploma or a career 686 diploma upon graduation. 687 Section 10. Paragraph (g) of subsection (4) of section 688 1003.493, Florida Statutes, is amended to read: 689 1003.493 Career and professional academies.— 690 (4) Each career and professional academy must: 691 (g) Deliver academic content through instruction relevant 692 to the career, including intensive reading and mathematics 693 intervention required by s. 1003.428 or s. 1003.4287, with an 694 emphasis on strengthening reading for information skills. 695 Section 11. Subsection (2) of section 1003.4935, Florida 696 Statutes, is amended to read: 697 1003.4935 Middle school career and professional academy 698 courses.— 699 (2) Each middle school career and professional academy must 700 be aligned with at least one high school career and professional 701 academy offered in the district and maintain partnerships with 702 local business and industry and economic development boards. 703 Middle school career and professional academies must: 704 (a) Provide instruction in courses leading to careers in 705 occupations designated as high growth, high demand, and high pay 706 in the Industry Certification Funding List approved under rules 707 adopted by the State Board of Education; 708 (b) Offer career and professional academy courses that 709 integrate content from core subject areas; 710 (c) Offer courses that integrate career and professional 711 academy content with intensive reading and mathematics pursuant 712 to s. 1003.428 or s. 1003.4287; 713 (d) Coordinate with high schools to maximize opportunities 714 for middle school career and professional academy students to 715 earn high school credit; 716 (e) Provide access to virtual instruction courses provided 717 by virtual education providers legislatively authorized to 718 provide part-time instruction to middle school students. The 719 virtual instruction courses must be aligned to state curriculum 720 standards for middle school career and professional academy 721 students, with priority given to students who have required 722 course deficits; 723 (f) Provide instruction from highly skilled professionals 724 who hold industry certificates in the career area in which they 725 teach; 726 (g) Offer externships; and 727 (h) Provide personalized student advisement that includes a 728 parent-participation component. 729 Section 12. Paragraph (c) of subsection (3) and paragraphs 730 (b) and (c) of subsection (9) of section 1008.22, Florida 731 Statutes, are amended to read: 732 1008.22 Student assessment program for public schools.— 733 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall 734 design and implement a statewide program of educational 735 assessment that provides information for the improvement of the 736 operation and management of the public schools, including 737 schools operating for the purpose of providing educational 738 services to youth in Department of Juvenile Justice programs. 739 The commissioner may enter into contracts for the continued 740 administration of the assessment, testing, and evaluation 741 programs authorized and funded by the Legislature. Contracts may 742 be initiated in 1 fiscal year and continue into the next and may 743 be paid from the appropriations of either or both fiscal years. 744 The commissioner is authorized to negotiate for the sale or 745 lease of tests, scoring protocols, test scoring services, and 746 related materials developed pursuant to law. Pursuant to the 747 statewide assessment program, the commissioner shall: 748 (c) Develop and implement a student achievement testing 749 program as follows: 750 1. The Florida Comprehensive Assessment Test (FCAT) 751 measures a student’s content knowledge and skills in reading, 752 writing, science, and mathematics. The content knowledge and 753 skills assessed by the FCAT must be aligned to the core 754 curricular content established in the Next Generation Sunshine 755 State Standards. Other content areas may be included as directed 756 by the commissioner. Comprehensive assessments of reading and 757 mathematics shall be administered annually in grades 3 through 758 10 except, beginning with the 2010-2011 school year, the 759 administration of grade 9 FCAT Mathematics shall be 760 discontinued, and beginning with the 2011-2012 school year, the 761 administration of grade 10 FCAT Mathematics shall be 762 discontinued, except as required for students who have not 763 attained minimum performance expectations for graduation as 764 provided in paragraph (9)(c). FCAT Writing and FCAT Science 765 shall be administered at least once at the elementary, middle, 766 and high school levels except, beginning with the 2011-2012 767 school year, the administration of FCAT Science at the high 768 school level shall be discontinued. 769 2.a. End-of-course assessments for a subject shall be 770 administered in addition to the comprehensive assessments 771 required under subparagraph 1. End-of-course assessments must be 772 rigorous, statewide, standardized, and developed or approved by 773 the department. The content knowledge and skills assessed by 774 end-of-course assessments must be aligned to the core curricular 775 content established in the Next Generation Sunshine State 776 Standards. 777 (I) Statewide, standardized end-of-course assessments in 778 mathematics shall be administered according to this sub-sub 779 subparagraph. Beginning with the 2010-2011 school year, all 780 students enrolled in Algebra I or an equivalent course must take 781 the Algebra I end-of-course assessment. For students entering 782 grade 9 during the 2010-2011 school year and who are enrolled in 783 Algebra I or an equivalent, each student’s performance on the 784 end-of-course assessment in Algebra I shall constitute 30 785 percent of the student’s final course grade. Beginning with 786 students entering grade 9 in the 2011-2012 school year, a 787 student who is enrolled in Algebra I or an equivalent must earn 788 a passing score on the end-of-course assessment in Algebra I or 789 attain an equivalent score as described in subsection (11) in 790 order to earn course credit. Beginning with the 2011-2012 school 791 year, all students enrolled in geometry or an equivalent course 792 must take the geometry end-of-course assessment. For students 793 entering grade 9 during the 2011-2012 school year, each 794 student’s performance on the end-of-course assessment in 795 geometry shall constitute 30 percent of the student’s final 796 course grade. Beginning with students entering grade 9 during 797 the 2012-2013 school year, a student must earn a passing score 798 on the end-of-course assessment in geometry or attain an 799 equivalent score as described in subsection (11) in order to 800 earn course credit. 801 (II) Statewide, standardized end-of-course assessments in 802 science shall be administered according to this sub-sub 803 subparagraph. Beginning with the 2011-2012 school year, all 804 students enrolled in Biology I or an equivalent course must take 805 the Biology I end-of-course assessment. For the 2011-2012 school 806 year, each student’s performance on the end-of-course assessment 807 in Biology I shall constitute 30 percent of the student’s final 808 course grade. Beginning with students entering grade 9 during 809 the 2012-2013 school year, a student must earn a passing score 810 on the end-of-course assessment in Biology I in order to earn 811 course credit. 812 b. During the 2012-2013 school year, an end-of-course 813 assessment in civics education shall be administered as a field 814 test at the middle school level. During the 2013-2014 school 815 year, each student’s performance on the statewide, standardized 816 end-of-course assessment in civics education shall constitute 30 817 percent of the student’s final course grade. Beginning with the 818 2014-2015 school year, a student must earn a passing score on 819 the end-of-course assessment in civics education in order to 820 pass the course and be promoted from the middle grades. The 821 school principal of a middle school shall determine, in 822 accordance with State Board of Education rule, whether a student 823 who transfers to the middle school and who has successfully 824 completed a civics education course at the student’s previous 825 school must take an end-of-course assessment in civics 826 education. 827 c. The commissioner may select one or more nationally 828 developed comprehensive examinations, which may include, but 829 need not be limited to, examinations for a College Board 830 Advanced Placement course, International Baccalaureate course, 831 or Advanced International Certificate of Education course, or 832 industry-approved examinations to earn national industry 833 certifications identified in the Industry Certification Funding 834 List, pursuant to rules adopted by the State Board of Education, 835 for use as end-of-course assessments under this paragraph, if 836 the commissioner determines that the content knowledge and 837 skills assessed by the examinations meet or exceed the grade 838 level expectations for the core curricular content established 839 for the course in the Next Generation Sunshine State Standards. 840 The commissioner may collaborate with the American Diploma 841 Project in the adoption or development of rigorous end-of-course 842 assessments that are aligned to the Next Generation Sunshine 843 State Standards. 844 d. Contingent upon funding provided in the General 845 Appropriations Act, including the appropriation of funds 846 received through federal grants, the Commissioner of Education 847 shall establish an implementation schedule for the development 848 and administration of additional statewide, standardized end-of 849 course assessments in English/Language Arts II, Algebra II, 850 chemistry, physics, earth/space science, United States history, 851 and world history. Priority shall be given to the development of 852 end-of-course assessments in English/Language Arts II. The 853 Commissioner of Education shall evaluate the feasibility and 854 effect of transitioning from the grade 9 and grade 10 FCAT 855 Reading and high school level FCAT Writing to an end-of-course 856 assessment in English/Language Arts II. The commissioner shall 857 report the results of the evaluation to the President of the 858 Senate and the Speaker of the House of Representatives no later 859 than July 1, 2011. 860 3. The testing program shall measure student content 861 knowledge and skills adopted by the State Board of Education as 862 specified in paragraph (a) and measure and report student 863 performance levels of all students assessed in reading, writing, 864 mathematics, and science. The commissioner shall provide for the 865 tests to be developed or obtained, as appropriate, through 866 contracts and project agreements with private vendors, public 867 vendors, public agencies, postsecondary educational 868 institutions, or school districts. The commissioner shall obtain 869 input with respect to the design and implementation of the 870 testing program from state educators, assistive technology 871 experts, and the public. 872 4. The testing program shall be composed of criterion 873 referenced tests that shall, to the extent determined by the 874 commissioner, include test items that require the student to 875 produce information or perform tasks in such a way that the core 876 content knowledge and skills he or she uses can be measured. 877 5. FCAT Reading, Mathematics, and Science and all 878 statewide, standardized end-of-course assessments shall measure 879 the content knowledge and skills a student has attained on the 880 assessment by the use of scaled scores and achievement levels. 881 Achievement levels shall range from 1 through 5, with level 1 882 being the lowest achievement level, level 5 being the highest 883 achievement level, and level 3 indicating satisfactory 884 performance on an assessment. For purposes of FCAT Writing, 885 student achievement shall be scored using a scale of 1 through 6 886 and the score earned shall be used in calculating school grades. 887 A score shall be designated for each subject area tested, below 888 which score a student’s performance is deemed inadequate. The 889 school districts shall provide appropriate remedial instruction 890 to students who score below these levels. 891 6. The State Board of Education shall, by rule, designate a 892 passing score for each part of the grade 10 assessment test and 893 end-of-course assessments. Any rule that has the effect of 894 raising the required passing scores may apply only to students 895 taking the assessment for the first time after the rule is 896 adopted by the State Board of Education. Except as otherwise 897 provided in this subparagraph and as provided in s. 898 1003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b), 899 students must earn a passing score on grade 10 FCAT Reading and 900 grade 10 FCAT Mathematics or attain concordant scores as 901 described in subsection (10) in order to qualify for a standard 902 or career technical high school diploma. 903 7. In addition to designating a passing score under 904 subparagraph 6., the State Board of Education shall also 905 designate, by rule, a score for each statewide, standardized 906 end-of-course assessment which indicates that a student is high 907 achieving and has the potential to meet college-readiness 908 standards by the time the student graduates from high school. 909 8. Participation in the testing program is mandatory for 910 all students attending public school, including students served 911 in Department of Juvenile Justice programs, except as otherwise 912 prescribed by the commissioner. A student who has not earned 913 passing scores on the grade 10 FCAT as provided in subparagraph 914 6. must participate in each retake of the assessment until the 915 student earns passing scores or achieves scores on a 916 standardized assessment which are concordant with passing scores 917 pursuant to subsection (10). If a student does not participate 918 in the statewide assessment, the district must notify the 919 student’s parent and provide the parent with information 920 regarding the implications of such nonparticipation. A parent 921 must provide signed consent for a student to receive classroom 922 instructional accommodations that would not be available or 923 permitted on the statewide assessments and must acknowledge in 924 writing that he or she understands the implications of such 925 instructional accommodations. The State Board of Education shall 926 adopt rules, based upon recommendations of the commissioner, for 927 the provision of test accommodations for students in exceptional 928 education programs and for students who have limited English 929 proficiency. Accommodations that negate the validity of a 930 statewide assessment are not allowable in the administration of 931 the FCAT or an end-of-course assessment. However, instructional 932 accommodations are allowable in the classroom if included in a 933 student’s individual education plan. Students using 934 instructional accommodations in the classroom that are not 935 allowable as accommodations on the FCAT or an end-of-course 936 assessment may have the FCAT or an end-of-course assessment 937 requirement waived pursuant to the requirements of s. 938 1003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b). 939 9. A student seeking an adult high school diploma must meet 940 the same testing requirements that a regular high school student 941 must meet. 942 10. District school boards must provide instruction to 943 prepare students in the core curricular content established in 944 the Next Generation Sunshine State Standards adopted under s. 945 1003.41, including the core content knowledge and skills 946 necessary for successful grade-to-grade progression and high 947 school graduation. If a student is provided with instructional 948 accommodations in the classroom that are not allowable as 949 accommodations in the statewide assessment program, as described 950 in the test manuals, the district must inform the parent in 951 writing and must provide the parent with information regarding 952 the impact on the student’s ability to meet expected performance 953 levels in reading, writing, mathematics, and science. The 954 commissioner shall conduct studies as necessary to verify that 955 the required core curricular content is part of the district 956 instructional programs. 957 11. District school boards must provide opportunities for 958 students to demonstrate an acceptable performance level on an 959 alternative standardized assessment approved by the State Board 960 of Education following enrollment in summer academies. 961 12. The Department of Education must develop, or select, 962 and implement a common battery of assessment tools that will be 963 used in all juvenile justice programs in the state. These tools 964 must accurately measure the core curricular content established 965 in the Next Generation Sunshine State Standards. 966 13. For students seeking a special diploma pursuant to s. 967 1003.438, the Department of Education must develop or select and 968 implement an alternate assessment tool that accurately measures 969 the core curricular content established in the Next Generation 970 Sunshine State Standards for students with disabilities under s. 971 1003.438. 972 14. The Commissioner of Education shall establish schedules 973 for the administration of statewide assessments and the 974 reporting of student test results. When establishing the 975 schedules for the administration of statewide assessments, the 976 commissioner shall consider the observance of religious and 977 school holidays. The commissioner shall, by August 1 of each 978 year, notify each school district in writing and publish on the 979 department’s Internet website the testing and reporting 980 schedules for, at a minimum, the school year following the 981 upcoming school year. The testing and reporting schedules shall 982 require that: 983 a. There is the latest possible administration of statewide 984 assessments and the earliest possible reporting to the school 985 districts of student test results which is feasible within 986 available technology and specific appropriations; however, test 987 results for the FCAT must be made available no later than the 988 week of June 8. Student results for end-of-course assessments 989 must be provided no later than 1 week after the school district 990 completes testing for each course. The commissioner may extend 991 the reporting schedule under exigent circumstances. 992 b. FCAT Writing may not be administered earlier than the 993 week of March 1, and a comprehensive statewide assessment of any 994 other subject may not be administered earlier than the week of 995 April 15. 996 c. A statewide, standardized end-of-course assessment is 997 administered at the end of the course. The commissioner shall 998 select an administration period for assessments that meets the 999 intent of end-of-course assessments and provides student results 1000 prior to the end of the course. School districts shall 1001 administer tests in accordance with the schedule determined by 1002 the commissioner. For an end-of-course assessment administered 1003 at the end of the first semester, the commissioner shall 1004 determine the most appropriate testing dates based on a review 1005 of each school district’s academic calendar. 1006 1007 The commissioner may, based on collaboration and input from 1008 school districts, design and implement student testing programs, 1009 for any grade level and subject area, necessary to effectively 1010 monitor educational achievement in the state, including the 1011 measurement of educational achievement of the Next Generation 1012 Sunshine State Standards for students with disabilities. 1013 Development and refinement of assessments shall include 1014 universal design principles and accessibility standards that 1015 will prevent any unintended obstacles for students with 1016 disabilities while ensuring the validity and reliability of the 1017 test. These principles should be applicable to all technology 1018 platforms and assistive devices available for the assessments. 1019 The field testing process and psychometric analyses for the 1020 statewide assessment program must include an appropriate 1021 percentage of students with disabilities and an evaluation or 1022 determination of the effect of test items on such students. 1023 (9) APPLICABILITY OF TESTING STANDARDS.— 1024 (b) A student must attain the passing scores on the 1025 statewide assessment required for a standard or career technical 1026 high school diploma or for high school course credits under sub 1027 sub-subparagraphs (3)(c)2.a.(I) and (II) which are in effect at 1028 the time the student enters grade 9. If a student transfers into 1029 a high school, the school principal shall determine, in 1030 accordance with State Board of Education rule, whether the 1031 student must take an end-of-course assessment in a course for 1032 which the student has credit that was earned from the previous 1033 school. 1034 (c) If the commissioner revises a statewide assessment and 1035 the revisions require the State Board of Education to modify the 1036 passing scores required for a standard or career technical high 1037 school diploma or for high school course credits under sub-sub 1038 subparagraphs (3)(c)2.a.(I) and (II), the commissioner may, with 1039 approval of the state board, discontinue administration of the 1040 former assessment upon the graduation, based on normal student 1041 progression, of students participating in the final regular 1042 administration of the former assessment. The state board shall 1043 adopt by rule passing scores for the revised assessment which 1044 are statistically equivalent to passing scores on the 1045 discontinued assessment for a student required under paragraph 1046 (b) to attain passing scores on the discontinued assessment. 1047 Section 13. This act shall take effect July 1, 2013.