Florida Senate - 2013                                     SB 878
       
       
       
       By Senator Galvano
       
       
       
       
       26-00436L-13                                           2013878__
    1                        A bill to be entitled                      
    2         An act relating to education accountability; amending
    3         s. 1002.22, F.S.; requiring the State Board of
    4         Education to notify the Legislature of any major
    5         changes in federal law which may affect the state’s K
    6         20 education performance accountability system;
    7         amending s. 1004.015, F.S.; providing that one of the
    8         purposes of the Higher Education Coordinating Council
    9         is to facilitate solutions to data issues identified
   10         by the Articulation Coordinating Committee to improve
   11         the K-20 education performance accountability system;
   12         revising the guiding principles for recommendations of
   13         the Higher Education Coordinating Council; amending s.
   14         1005.22, F.S.; revising the duties of the Commission
   15         for Independent Education with regard to collecting
   16         and distributing current data regarding institutions
   17         licensed by the commission; providing reporting
   18         requirements; requiring the commission to annually
   19         report the data to the department by a specified date;
   20         amending s. 1007.01, F.S.; requiring the Articulation
   21         Coordinating Committee to make recommendations related
   22         to statewide policies and issues regarding access,
   23         quality, and reporting of data maintained by the K-20
   24         data warehouse; revising the committee’s duties
   25         related to collecting and reporting of statewide
   26         education data; amending s. 1008.31, F.S.; revising
   27         the legislative intent with regard to the state’s K-20
   28         education performance accountability system; requiring
   29         the Board of Governors to make available to the
   30         Department of Education all data within the State
   31         University Database System which is to be integrated
   32         into the K-20 data warehouse; requiring the
   33         Commissioner of Education to have access to certain
   34         data for the added purpose of providing data to
   35         organizations and certain authorized representatives;
   36         requiring all public educational institutions to
   37         annually provide data from the prior year to the K-20
   38         data warehouse in a format based on data elements
   39         identified by the commissioner; requiring colleges and
   40         universities eligible to participate in the William L.
   41         Boyd, IV, Florida Resident Access Grant Program to
   42         report current data from the prior year for each
   43         student who receives state funds in a format
   44         prescribed by the Department of Education; providing
   45         reporting requirements; requiring these colleges and
   46         universities to annually report the data to the
   47         department by a specified date; requiring the
   48         commissioner to collaborate with the Department of
   49         Economic Opportunity to develop procedures for the
   50         ability to tie student-level data to student and
   51         workforce outcome data contained in the Wage Record
   52         Interchange System; requiring the commissioner to
   53         improve and streamline by a specified date access to
   54         data maintained by the K-20 data warehouse by creating
   55         and fully implementing a web-based interface and a
   56         self-service, restricted access component of the K-20
   57         data warehouse called the “Research Engine”; providing
   58         requirements for the Research Engine; providing
   59         requirements for a written agreement to access the
   60         Research Engine; requiring the adoption of rules and
   61         procedures; requiring the Department of Education to
   62         share education records of students which may contain
   63         students’ personally identifiable information with
   64         organizations and authorized representatives pursuant
   65         to the studies and audit and evaluation exceptions
   66         under the Family Educational Rights and Privacy Act;
   67         amending s. 1008.34, F.S.; requiring a school that is
   68         eligible to receive a school grade to be a fully
   69         functioning, stand-alone school; requiring each
   70         district school board to identify schools within
   71         schools operating at the same physical location if
   72         such schools have different school identification
   73         numbers; requiring each district school board to
   74         report to the Department of Education the appropriate
   75         accountability school type during the department’s
   76         annual review of accountability school types;
   77         requiring that a school must be reported as the home
   78         school and the other schools reported as schools
   79         within-a-school if more than one school serving the
   80         same grade levels is operating in the same physical
   81         location; providing that performance data for students
   82         enrolled at schools within schools must be assigned to
   83         the reported home school for inclusion in the home
   84         school’s grade; providing an effective date.
   85  
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Paragraph (b) of subsection (3) of section
   89  1002.22, Florida Statutes, is amended to read:
   90         1002.22 Education records and reports of K-12 students;
   91  rights of parents and students; notification; penalty.—
   92         (3) DUTIES AND RESPONSIBILITIES.—The State Board of
   93  Education shall:
   94         (b) Monitor the FERPA and notify the Legislature of any
   95  significant change to the requirements of the FERPA or other
   96  major changes in federal law which may impact this section or s.
   97  1008.31.
   98         Section 2. Subsection (1) of section 1004.015, Florida
   99  Statutes, is amended, and paragraph (f) is added to subsection
  100  (3) of that section, to read:
  101         1004.015 Higher Education Coordinating Council.—
  102         (1) The Higher Education Coordinating Council is created
  103  for the purposes of identifying unmet needs; and facilitating
  104  solutions to disputes regarding the creation of new degree
  105  programs and the establishment of new institutes, campuses, or
  106  centers; and facilitating solutions to data issues identified by
  107  the Articulation Coordinating Committee pursuant to s. 1007.01
  108  to improve the K-20 education performance accountability system.
  109         (3) The council shall serve as an advisory board to the
  110  Legislature, the State Board of Education, and the Board of
  111  Governors. Recommendations of the council shall be consistent
  112  with the following guiding principles:
  113         (f) To promote adoption by the members of the council a
  114  common set of data elements identified by the National Center
  115  for Education Statistics to support the effective exchange of
  116  data within and across states.
  117         Section 3. Paragraph (i) of subsection (1) of section
  118  1005.22, Florida Statutes, is amended to read:
  119         1005.22 Powers and duties of commission.—
  120         (1) The commission shall:
  121         (i) Serve as a central agency for collecting and
  122  distributing current information regarding institutions licensed
  123  by the commission. The commission shall annually collect, and
  124  all institutions licensed by the commission shall annually
  125  report, student-level data from the prior year for each student
  126  who receives state funds, in a format prescribed by the
  127  Department of Education. At a minimum, data from the prior year
  128  must shall be reported annually and include retention rates,
  129  transfer rates, completion rates, graduation rates, employment
  130  and placement rates, and earnings of graduates. By December 31,
  131  2013, the commission shall report the data for the 2012-2013
  132  academic year to the Department of Education. By October 1 of
  133  each year thereafter, the commission shall report the data to
  134  the department.
  135         Section 4. Subsection (3) of section 1007.01, Florida
  136  Statutes, is amended to read:
  137         1007.01 Articulation; legislative intent; purpose; role of
  138  the State Board of Education and the Board of Governors;
  139  Articulation Coordinating Committee.—
  140         (3) The Commissioner of Education, in consultation with the
  141  Chancellor of the State University System, shall establish the
  142  Articulation Coordinating Committee which shall make
  143  recommendations related to statewide articulation policies and
  144  issues regarding access, quality, and reporting of data
  145  maintained by the K-20 data warehouse established pursuant to
  146  ss. 1001.10 and 1008.31, to the Higher Education Coordination
  147  Council, the State Board of Education, and the Board of
  148  Governors. The committee shall consist of two members each
  149  representing the State University System, the Florida College
  150  System, public career and technical education, public K-12
  151  education, and nonpublic education and one member representing
  152  students. The chair shall be elected from the membership. The
  153  committee shall:
  154         (a) Monitor the alignment between the exit requirements of
  155  one education system and the admissions requirements of another
  156  education system into which students typically transfer and make
  157  recommendations for improvement.
  158         (b) Propose guidelines for interinstitutional agreements
  159  between and among public schools, career and technical education
  160  centers, Florida College System institutions, state
  161  universities, and nonpublic postsecondary institutions.
  162         (c) Annually recommend dual enrollment course and high
  163  school subject area equivalencies for approval by the State
  164  Board of Education and the Board of Governors.
  165         (d) Annually review the statewide articulation agreement
  166  pursuant to s. 1007.23 and make recommendations for revisions.
  167         (e) Annually review the statewide course numbering system,
  168  the levels of courses, and the application of transfer credit
  169  requirements among public and nonpublic institutions
  170  participating in the statewide course numbering system and
  171  identify instances of student transfer and admissions
  172  difficulties.
  173         (f) Annually publish a list of courses that meet common
  174  general education and common degree program prerequisite
  175  requirements at public postsecondary institutions identified
  176  pursuant to s. 1007.25.
  177         (g) Foster timely collection and reporting of statewide
  178  education data Examine statewide data regarding articulation to
  179  identify issues and make recommendations to improve articulation
  180  throughout the K-20 education performance accountability system
  181  by:.
  182         1. Facilitating timely reporting of data by all educational
  183  delivery systems to the K-20 data warehouse established pursuant
  184  to ss. 1001.10 and 1008.31.
  185         2. Facilitating timely reporting of data by the K-20 data
  186  warehouse to organizations and authorized representatives
  187  pursuant to s. 1008.31.
  188         3. Identifying data issues including, but not limited to,
  189  data quality and accessibility.
  190         (h) Recommend roles and responsibilities of public
  191  education entities in interfacing with the single, statewide
  192  computer-assisted student advising system established pursuant
  193  to s. 1006.73.
  194         Section 5. Paragraph (f) is added to subsection (1) of
  195  section 1008.31, Florida Statutes, subsection (3) is amended,
  196  present subsection (4) is redesignated as subsection (5), and a
  197  new subsection (4) is added to that section, to read:
  198         1008.31 Florida’s K-20 education performance accountability
  199  system; legislative intent; mission, goals, and systemwide
  200  measures; data quality improvements.—
  201         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  202  that:
  203         (f) The Commissioner of Education interpret the Family
  204  Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
  205  in the least restrictive manner possible to allow data linkage
  206  across all educational delivery systems and to provide to
  207  organizations and authorized representatives pursuant to
  208  subsection (4) access to data maintained by the K-20 data
  209  warehouse in a manner consistent with ss. 1002.22, 1002.221, and
  210  1006.52 and FERPA.
  211         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
  212  data required to implement education performance accountability
  213  measures in state and federal law, the commissioner of Education
  214  shall initiate and maintain strategies to improve data quality
  215  and timeliness. The Board of Governors shall make available to
  216  the department all data within the State University Database
  217  System to collected from state universities shall, as determined
  218  by the commissioner, be integrated into the K-20 data warehouse.
  219  The commissioner shall have unlimited access to such data solely
  220  for the purposes of conducting studies, reporting annual and
  221  longitudinal student outcomes, and improving college readiness
  222  and articulation, and providing data to organizations and
  223  authorized representatives pursuant to subsection (4). All
  224  public educational institutions shall annually provide data from
  225  the prior year to the K-20 data warehouse in a format based on
  226  data elements identified specified by the commissioner.
  227         (a) School districts and public postsecondary educational
  228  institutions shall maintain information systems that will
  229  provide the State Board of Education, the Board of Governors of
  230  the State University System, and the Legislature with
  231  information and reports necessary to address the specifications
  232  of the accountability system. The level of comprehensiveness and
  233  quality must shall be no less than that which was available as
  234  of June 30, 2001.
  235         (b) Colleges and universities eligible to participate in
  236  the William L. Boyd, IV, Florida Resident Access Grant Program
  237  shall annually report student-level data from the prior year for
  238  each student who receives state funds in a format prescribed by
  239  the Department of Education. At a minimum, data from the prior
  240  year must shall be reported annually to the department and
  241  include retention rates, transfer rates, completion rates,
  242  graduation rates, employment and placement rates, and earnings
  243  of graduates. By December 31, 2013, the colleges and
  244  universities described in this paragraph shall report the data
  245  for the 2012-2013 academic year to the department. By October 1
  246  of each year thereafter, the colleges and universities described
  247  in this paragraph shall report the data to the department.
  248         (c) The Commissioner of Education shall determine the
  249  standards for the required data, monitor data quality, and
  250  measure improvements. The commissioner shall report annually to
  251  the State Board of Education, the Board of Governors of the
  252  State University System, the President of the Senate, and the
  253  Speaker of the House of Representatives data quality indicators
  254  and ratings for all school districts and public postsecondary
  255  educational institutions.
  256         (d) The commissioner shall continuously monitor and review
  257  the collection of paperwork, data, and reports by school
  258  districts and complete an annual review of such collection by no
  259  later than June 1 of each year. The annual review must include
  260  recommendations for consolidating paperwork, data, and reports,
  261  wherever feasible, in order to reduce the burdens on school
  262  districts.
  263         (e) By July 1 of each year, the commissioner shall prepare
  264  a report assisting the school districts in eliminating or
  265  consolidating paperwork, data, and reports by providing
  266  suggestions, technical assistance, and guidance.
  267         (f) Before establishing any new reporting or data
  268  collection requirements, the commissioner of Education shall use
  269  utilize existing data being collected to reduce duplication and
  270  minimize paperwork.
  271         (g) The commissioner shall collaborate with the executive
  272  director of the Department of Economic Opportunity to develop
  273  procedures for the ability to tie student-level data to student
  274  and workforce outcome data contained in the Wage Record
  275  Interchange System.
  276         (h)By June 30, 2014, the commissioner shall improve and
  277  streamline access to data maintained by the K-20 data warehouse
  278  by creating and fully implementing:
  279         1.A web-based interface for parents, students, teachers,
  280  principals, local educational agency leaders, community members,
  281  researchers, policymakers, and other constituents which is
  282  engaging, informative, and customer-friendly.
  283         a. The web-based interface must provide a single location
  284  for public access to aggregated data from the K-20 data
  285  warehouse which do not contain personally identifiable
  286  information or any other information that is confidential
  287  pursuant to applicable law.
  288         b. Personally identifiable information from education
  289  records of students, or any other information that is
  290  confidential pursuant to applicable law, must be redacted or
  291  aggregated, or the confidentiality otherwise protected by de
  292  identification, anonymization, or any combination thereof.
  293         2. A self-service, restricted access component of the K-20
  294  data warehouse, called the “Research Engine,” which is:
  295         a. Restricted to organizations and authorized
  296  representatives pursuant to subsection (4). The commissioner
  297  shall create a website for organizations and authorized
  298  representatives to submit data requests. The website shall
  299  generate an automated acknowledgement of each data request. Each
  300  acknowledgement of a data request must include a username and
  301  password to view the order and status of completion of the data
  302  request and a link to the directory of data elements which
  303  provides a detailed description of each data element. Within 90
  304  days after acknowledging each data request, the department shall
  305  provide to organizations or authorized representatives technical
  306  assistance regarding the written agreement required under sub
  307  subparagraph d. However, organizations and authorized
  308  representatives may execute the written agreement with the
  309  department at any time after submitting a data request. Data
  310  requests must be completed within 90 days after the written
  311  agreement is executed, unless the written agreement specifies
  312  otherwise.
  313         b.Capable of providing access to education records of
  314  students which may contain students’ personally identifiable
  315  information in the K-20 data warehouse.
  316         c. Accessible at the department’s headquarters or by other
  317  secure means as agreed upon in writing by the parties.
  318         d. Accessible after an organization or an authorized
  319  representative executes a written agreement with the
  320  commissioner. The written agreement must include, but need not
  321  be limited to:
  322         (I) Identification of the purpose, scope, and duration of
  323  the activity with sufficient specificity to make clear that the
  324  activity falls within permissible uses authorized by FERPA and
  325  does not further a commercial, trade, or profit interest.
  326         (II) Identification of the data elements necessary to
  327  complete a study, an audit, or an evaluation. The department
  328  shall provide assistance to organizations and authorized
  329  representatives regarding selection of data elements to fulfill
  330  data requests. Requests for additional data by an organization
  331  or an authorized representative may be made by amending the
  332  written agreement. The deadline for fulfilling a data request
  333  may be adjusted accordingly.
  334         (III) Identification of the FERPA exception relied upon to
  335  obtain education records of students which may contain students’
  336  personally identifiable information.
  337         (IV)Requirements regarding procedures for securing data,
  338  including, but not limited to, a data security plan. The
  339  Department of Education shall reserve the right to conduct
  340  security audits or reviews as necessary.
  341         (V) Requirements limiting the use of education records of
  342  students which contain students’ personally identifiable
  343  information to meet only the purpose stated in the written
  344  agreement.
  345         (VI) Requirements establishing disciplinary policies for
  346  organizations and authorized representatives which violate FERPA
  347  or the written agreement.
  348         (VII) Prohibitions regarding access to or use of education
  349  records of students which contain students’ personally
  350  identifiable information obtained pursuant to the written
  351  agreement by anyone not authorized to have such access or use by
  352  the department.
  353         (VIII) Requirements regarding destruction of all personally
  354  identifiable information from education records of students
  355  which are received pursuant to the written agreement and
  356  specification of when the information must be destroyed.
  357         (IX) Requirements regarding background screening of
  358  organizations and authorized representatives.
  359         (X) Requirements regarding the assessment of liquidated
  360  damages for unauthorized disclosure of education records of
  361  students which contain students’ personally identifiable
  362  information or for violation of terms and conditions of the
  363  written agreement.
  364         (XI) Identification of deliverables to be provided by the
  365  organization or authorized representative. The deliverables must
  366  include, but are not limited to, as appropriate: a copy of the
  367  final study, audit, or evaluation; or if no study, audit, or
  368  evaluation is completed, a report identifying such with a copy
  369  of unfinished research; a copy of reports, publications, papers,
  370  theses, or similar documents; and certification by the
  371  organization or authorized representative stating the final
  372  status of deliverables and confirming compliance with all
  373  provisions of the written agreement. The deliverables shall be
  374  provided to the department within 1 year after the date of
  375  execution of the written agreement, unless the written agreement
  376  specifies otherwise. The Commissioner of Education may assess
  377  liquidated damages specified in the written agreement if all
  378  deliverables are not timely provided to the Department of
  379  Education.
  380         (XII) Requirements regarding maintaining the
  381  confidentiality of any information that is exempt from s.
  382  119.071(1) and s. 24(a), Art. I of the State Constitution, or
  383  that is otherwise made confidential by state or federal law.
  384         (XIII) Requirements regarding a service charge identified
  385  in sub-subparagraph e.
  386  
  387  The Department of Education shall develop and the State Board of
  388  Education shall adopt rules regarding the written agreement.
  389         e. Funded by creating and implementing a pricing structure
  390  that is self-sustainable with the goal that the service charge
  391  for use of the Research Engine recovers actual costs to fulfill
  392  a data request. The commissioner may waive or reduce the service
  393  charge for fulfilling a data request. Funds collected from the
  394  service charge shall be deposited into the Operating Trust Fund.
  395  The department shall develop and the State Board of Education
  396  shall adopt rules regarding the service charge.
  397         f. Linked to a list of organizations and authorized
  398  representatives that obtain data from the Research Engine on the
  399  web-based interface in subparagraph 1. The list must include,
  400  but need not be limited to, the date of receipt of each data
  401  request, response time to address each data request, and current
  402  status of each data request. The department shall continually
  403  update the list and maintain a copy of reports prepared and
  404  submitted by the organizations and authorized representatives.
  405  
  406  The department shall adopt procedures to implement the web-based
  407  interface and the Research Engine established pursuant to this
  408  subsection.
  409         (4) ACCESS TO THE K-20 DATA WAREHOUSE.—Pursuant to the
  410  studies exception under FERPA, and the federal regulations
  411  issued pursuant thereto, specifically, including, but not
  412  limited to, organizations conducting studies for, or on behalf
  413  of, educational agencies and institutions as provided in 34
  414  C.F.R. 99.31(a)(6), shall be given access to data maintained by
  415  the K-20 data warehouse in a manner consistent with ss. 1002.22,
  416  1002.221, and 1006.52 and FERPA. Pursuant to the audit or
  417  evaluation exception under FERPA, specifically including, but
  418  not limited to, authorized representatives conducting an audit
  419  or an evaluation of a Federal- or state-supported education
  420  program as provided in 34 C.F.R. 99.31(a)(3), shall be given
  421  access to the data maintained by the K-20 data warehouse in a
  422  manner consistent with ss. 1002.22, 1002.221, and 1006.52 and
  423  FERPA.
  424         (a)Requests by organizations or authorized representatives
  425  for access to education records of students which may contain
  426  students’ personally identifiable information, with the
  427  exception of requests from the Executive Office of the Governor,
  428  the Florida Legislature, the Florida Auditor General, and the
  429  Office of Program Policy Analysis and Government Accountability,
  430  shall be submitted through the Research Engine established
  431  pursuant to subparagraph (3)(h)2. Access to the Research Engine
  432  is not conditioned upon or limited to studies, audits, or
  433  evaluations that support the research agenda, interests, or
  434  priorities of the State Board of Education, the commissioner, or
  435  the department.
  436         (b) Authorized representatives include, but are not limited
  437  to, the Executive Office of the Governor, the Florida
  438  Legislature, the Florida Auditor General, the Office of Program
  439  Policy Analysis and Government Accountability, the Florida
  440  district school boards, Florida College System institutions, and
  441  Florida state universities.
  442         (c) Requests for data from the Executive Office of the
  443  Governor, the Florida Legislature, the Florida Auditor General,
  444  and the Office of Program Policy Analysis and Government
  445  Accountability, shall be given a priority over other data
  446  requests and shall be provided free of charge.
  447         Section 6. Present subsections (3) through (8) of section
  448  1008.34, Florida Statutes, are redesignated as subsections (4)
  449  through (9), respectively, a new subsection (3) is added, and
  450  present subsection (3) is amended to read:
  451         1008.34 School grading system; school report cards;
  452  district grade.—
  453         (3)SCHOOLS FOR ACCOUNTABILITY PURPOSES AND SCHOOLS WITHIN
  454  SCHOOLS.—A school that is eligible to receive a school grade
  455  must be a fully functioning, stand-alone school that provides
  456  for the education of each of the students served. Each district
  457  must annually identify each school-within-a-school operating at
  458  the same physical location if those schools have different
  459  school identification numbers. For accountability purposes, each
  460  district shall report to the Department of Education the
  461  appropriate accountability school type for these schools during
  462  the department’s annual review of accountability school types.
  463  If more than one school is serving the same grade levels and
  464  operating in the same location, one of the schools must be
  465  reported as the home school and each other school reported as a
  466  school-within-a-school. Performance data for students enrolled
  467  at a school-within-a-school must be assigned to the reported
  468  home school as described in this section for inclusion in the
  469  home school’s grade.
  470         (4)(3) DESIGNATION OF SCHOOL GRADES.—
  471         (a) Each school that has students who are tested and
  472  included in the school grading system shall receive a school
  473  grade, except as follows:
  474         1. A school may shall not receive a school grade if the
  475  number of its students tested and included in the school grading
  476  system is less than the minimum sample size necessary, based on
  477  accepted professional practice, for statistical reliability and
  478  prevention of the unlawful release of personally identifiable
  479  student data under s. 1002.22 or 20 U.S.C. s. 1232g.
  480         2. An alternative school may choose to receive a school
  481  grade under this section or a school improvement rating under s.
  482  1008.341. For charter schools that meet the definition of an
  483  alternative school pursuant to State Board of Education rule,
  484  the decision to receive a school grade is the decision of the
  485  charter school governing board.
  486         3. A school that serves any combination of students in
  487  kindergarten through grade 3 which does not receive a school
  488  grade because its students are not tested and included in the
  489  school grading system shall receive the school grade designation
  490  of a K-3 feeder pattern school identified by the Department of
  491  Education and verified by the school district. A school feeder
  492  pattern exists if at least 60 percent of the students in the
  493  school serving a combination of students in kindergarten through
  494  grade 3 are scheduled to be assigned to the graded school.
  495         4. Performance data for students attending a reported
  496  school-within-a-school must be assigned to the home school for
  497  inclusion in the home school’s grade as described in this
  498  paragraph, and the school-within-a-school must not be graded
  499  separately.
  500         (b)1. A school’s grade shall be based on a combination of:
  501         a. Student achievement scores, including achievement as
  502  measured by FCAT assessments under s. 1008.22(3)(c)1.,
  503  statewide, standardized end-of-course assessments under s.
  504  1008.22(3)(c)2.a. and b., and achievement scores for students
  505  seeking a special diploma.
  506         b. Student learning gains in reading and mathematics as
  507  measured by FCAT and statewide, standardized end-of-course
  508  assessments, as described in s. 1008.22(3)(c)1. and 2.a.,
  509  including learning gains for students seeking a special diploma,
  510  as measured by an alternate assessment.
  511         c. Improvement of the lowest 25th percentile of students in
  512  the school in reading and mathematics on the FCAT or end-of
  513  course assessments described in s. 1008.22(3)(c)2.a., unless
  514  these students are exhibiting satisfactory performance.
  515         2. Beginning with the 2011-2012 school year, for schools
  516  comprised of middle school grades 6 through 8 or grades 7 and 8,
  517  the school’s grade shall include the performance and
  518  participation of its students enrolled in high school level
  519  courses with end-of-course assessments administered under s.
  520  1008.22(3)(c)2.a. Performance and participation must be weighted
  521  equally. As valid data becomes available, the school grades
  522  shall include the students’ attainment of national industry
  523  certification identified in the Industry Certification Funding
  524  List pursuant to rules adopted by the state board.
  525         3. Beginning with the 2009-2010 school year for schools
  526  comprised of high school grades 9, 10, 11, and 12, or grades 10,
  527  11, and 12, at least 50 percent of the school grade shall be
  528  based on a combination of the factors listed in sub
  529  subparagraphs 1.a.-c. and the remaining percentage on the
  530  following factors:
  531         a. The high school graduation rate of the school;
  532         b. As valid data becomes available, the performance and
  533  participation of the school’s students in College Board Advanced
  534  Placement courses, International Baccalaureate courses, dual
  535  enrollment courses, and Advanced International Certificate of
  536  Education courses; and the students’ achievement of national
  537  industry certification identified in the Industry Certification
  538  Funding List, pursuant to rules adopted by the state board;
  539         c. Postsecondary readiness of all of the school’s on-time
  540  graduates as measured by the SAT, the ACT, the Postsecondary
  541  Education Readiness Test, or the common placement test;
  542         d. The high school graduation rate of at-risk students, who
  543  are students scoring at Level 1 or Level 2 on grade 8 FCAT
  544  Reading and FCAT Mathematics;
  545         e. As valid data becomes available, the performance of the
  546  school’s students on statewide, standardized end-of-course
  547  assessments administered under s. 1008.22(3)(c)2.c. and d.; and
  548         f. The growth or decline in the components listed in sub
  549  subparagraphs a.-e. from year to year.
  550         (c) Student assessment data used in determining school
  551  grades must shall include:
  552         1. The aggregate scores of all eligible students enrolled
  553  in the school who have been assessed on the FCAT and statewide,
  554  standardized end-of-course assessments in courses required for
  555  high school graduation, including, beginning with the 2011-2012
  556  school year, the end-of-course assessment in Algebra I; and
  557  beginning with the 2012-2013 school year, the end-of-course
  558  assessments in geometry and Biology I; and beginning with the
  559  2014-2015 school year, on the statewide, standardized end-of
  560  course assessment in civics education at the middle school
  561  level.
  562         2. The aggregate scores of all eligible students enrolled
  563  in the school who have been assessed on the FCAT and statewide,
  564  standardized end-of-course assessments as described in s.
  565  1008.22(3)(c)2.a., and who have scored at or in the lowest 25th
  566  percentile of students in the school in reading and mathematics,
  567  unless these students are exhibiting satisfactory performance.
  568         3. The achievement scores and learning gains of eligible
  569  students attending alternative schools that provide dropout
  570  prevention and academic intervention services pursuant to s.
  571  1003.53. The term “eligible students” in this subparagraph does
  572  not include students attending an alternative school who are
  573  subject to district school board policies for expulsion for
  574  repeated or serious offenses, who are in dropout retrieval
  575  programs serving students who have officially been designated as
  576  dropouts, or who are in programs operated or contracted by the
  577  Department of Juvenile Justice. The student performance data for
  578  eligible students identified in this subparagraph shall be
  579  included in the calculation of the home school’s grade. As used
  580  in this subparagraph and s. 1008.341, the term “home school”
  581  means the school to which the student would be assigned if the
  582  student were not assigned to an alternative school. If an
  583  alternative school chooses to be graded under this section,
  584  student performance data for eligible students identified in
  585  this subparagraph shall not be included in the home school’s
  586  grade but shall be included only in the calculation of the
  587  alternative school’s grade. A school district that fails to
  588  assign the FCAT and statewide, standardized end-of-course
  589  assessment as described in s. 1008.22(3)(c)2.a. scores of each
  590  of its students to his or her home school or to the alternative
  591  school that receives a grade shall forfeit Florida School
  592  Recognition Program funds for 1 fiscal year. School districts
  593  must require collaboration between the home school and the
  594  alternative school in order to promote student success. This
  595  collaboration must include an annual discussion between the
  596  principal of the alternative school and the principal of each
  597  student’s home school concerning the most appropriate school
  598  assignment of the student.
  599         4. The achievement scores and learning gains of students
  600  designated as hospital- or homebound. Student assessment data
  601  for students designated as hospital- or homebound shall be
  602  assigned to their home school for the purposes of school grades.
  603  As used in this subparagraph, the term “home school” means the
  604  school to which a student would be assigned if the student were
  605  not assigned to a hospital- or homebound program.
  606         5. For schools comprised of high school grades 9, 10, 11,
  607  and 12, or grades 10, 11, and 12, the data listed in
  608  subparagraphs 1.-3. and the following data as the Department of
  609  Education determines such data are valid and available:
  610         a. The high school graduation rate of the school as
  611  calculated by the department;
  612         b. The participation rate of all eligible students enrolled
  613  in the school and enrolled in College Board Advanced Placement
  614  courses; International Baccalaureate courses; dual enrollment
  615  courses; Advanced International Certificate of Education
  616  courses; and courses or sequences of courses leading to national
  617  industry certification identified in the Industry Certification
  618  Funding List, pursuant to rules adopted by the State Board of
  619  Education;
  620         c. The aggregate scores of all eligible students enrolled
  621  in the school in College Board Advanced Placement courses,
  622  International Baccalaureate courses, and Advanced International
  623  Certificate of Education courses;
  624         d. Earning of college credit by all eligible students
  625  enrolled in the school in dual enrollment programs under s.
  626  1007.271;
  627         e. Earning of a national industry certification identified
  628  in the Industry Certification Funding List, pursuant to rules
  629  adopted by the State Board of Education;
  630         f. The aggregate scores of all eligible students enrolled
  631  in the school in reading, mathematics, and other subjects as
  632  measured by the SAT, the ACT, the Postsecondary Education
  633  Readiness Test, and the common placement test for postsecondary
  634  readiness;
  635         g. The high school graduation rate of all eligible at-risk
  636  students enrolled in the school who scored at Level 2 or lower
  637  on grade 8 FCAT Reading and FCAT Mathematics;
  638         h. The performance of the school’s students on statewide,
  639  standardized end-of-course assessments administered under s.
  640  1008.22(3)(c)2.c. and d.; and
  641         i. The growth or decline in the data components listed in
  642  sub-subparagraphs a.-h. from year to year.
  643  
  644  The State Board of Education shall adopt appropriate criteria
  645  for each school grade. The criteria must also give added weight
  646  to student achievement in reading. Schools earning a grade of
  647  “C,” making satisfactory progress, shall be required to
  648  demonstrate that adequate progress has been made by students in
  649  the school who are in the lowest 25th percentile in reading and
  650  mathematics on the FCAT and end-of-course assessments as
  651  described in s. 1008.22(3)(c)2.a., unless these students are
  652  exhibiting satisfactory performance. For schools comprised of
  653  high school grades 9, 10, 11, and 12, or grades 10, 11, and 12,
  654  the criteria for school grades must also give added weight to
  655  the graduation rate of all eligible at-risk students. In order
  656  for a high school to earn a grade of “A,” the school must
  657  demonstrate that its at-risk students, as defined in this
  658  paragraph, are making adequate progress.
  659         Section 7. This act shall take effect July 1, 2013.