ENROLLED HB 1739 2003 Legislature
1	A bill to be entitled
2	An act relating to access to postsecondary education;
3	creating s. 1007.02, F.S., relating to access to
4	postsecondary education and meaningful careers for
5	students with disabilities; defining the term “student
6	with a disability”; amending s. 1003.43, F.S., relating to
7	high school graduation requirements; deleting requirement
8	that the life management skills course be taken at
9	specific grade levels; requiring the State Board of
10	Education to adopt rules providing for test accommodations
11	and modifications of procedures for students with
12	disabilities; requiring the award of a standard diploma to
13	a student with a disability who meets certain criteria;
14	amending s. 1007.263, F.S., relating to admissions of
15	students to community colleges; requiring admissions
16	counseling for students entering career credit programs;
17	requiring the use of certain tests; providing criteria for
18	certain students to enroll in certificate career education
19	programs; providing eligibility for reasonable
20	substitutions for students with documented disabilities;
21	amending s. 1007.264, F.S; providing eligibility for
22	reasonable substitutions for admission to postsecondary
23	educational institutions for certain students with
24	disabilities; creating s. 1007.265, F.S.; providing
25	eligibility for reasonable substitutions for requirements
26	for graduation, study program admission, and upper-
27	division entry for certain students with disabilities;
28	requiring the State Board of Education to adopt rules and
29	develop substitute requirements; amending s. 1007.27,
30	F.S.; requiring the State Board of Education to review and
31	report on the use of acceleration mechanisms and grading
32	practices, including the weighting of courses, for credit
33	and admission; amending s. 1008.22, F.S., relating to
34	student assessment for public schools; providing a cross
35	reference; amending s. 1002.21, F.S.; correcting a cross
36	reference; providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1. Section 1007.02, Florida Statutes, is created
41	to read:
42	1007.02 Access to postsecondary education and meaningful
43	careers for students with disabilities; popular name;
44	definition.--
45	(1) This section shall be known by the popular name the
46	"Enhanced New Needed Opportunity for Better Life and Education
47	for Students with Disabilities (ENNOBLES) Act."
48	(2) For the purposes of this act, the term “student with a
49	disability” means any student who is documented as having mental
50	retardation; a hearing impairment, including deafness; a speech
51	or language impairment; a visual impairment, including
52	blindness; a serious emotional disturbance, including an
53	emotional handicap; an orthopedic impairment; autism; a
54	traumatic brain injury; or a specific learning disability,
55	including, but not limited to, dyslexia, dyscalculia, or
56	developmental aphasia.
57	Section 2. Paragraph (i) of subsection (1) and subsections
58	(8), (9), and (10) of section 1003.43, Florida Statutes, are
59	amended, subsections (11) and (12) are renumbered as subsections
60	(12) and (13), respectively, and a new subsection (11) is added
61	to said section, to read:
62	1003.43 General requirements for high school graduation.--
63	(1) Graduation requires successful completion of either a
64	minimum of 24 academic credits in grades 9 through 12 or an
65	International Baccalaureate curriculum. The 24 credits shall be
66	distributed as follows:
67	(i) One-half credit in life management skills to include
68	consumer education, positive emotional development, marriage and
69	relationship skill-based education, nutrition, prevention of
70	human immunodeficiency virus infection and acquired immune
71	deficiency syndrome and other sexually transmissible diseases,
72	benefits of sexual abstinence and consequences of teenage
73	pregnancy, information and instruction on breast cancer
74	detection and breast self-examination, cardiopulmonary
75	resuscitation, drug education, and the hazards of smoking. Such
76	credit shall be given for a course to be taken by all students
77	in either the 9th or 10th grade.
78
79	District school boards may award a maximum of one-half credit in
80	social studies and one-half elective credit for student
81	completion of nonpaid voluntary community or school service
82	work. Students choosing this option must complete a minimum of
83	75 hours of service in order to earn the one-half credit in
84	either category of instruction. Credit may not be earned for
85	service provided as a result of court action. District school
86	boards that approve the award of credit for student volunteer
87	service shall develop guidelines regarding the award of the
88	credit, and school principals are responsible for approving
89	specific volunteer activities. A course designated in the Course
90	Code Directory as grade 9 through grade 12 that is taken below
91	the 9th grade may be used to satisfy high school graduation
92	requirements or Florida Academic Scholars award requirements as
93	specified in a district school board's student progression plan.
94	A student shall be granted credit toward meeting the
95	requirements of this subsection for equivalent courses, as
96	identified pursuant to s. 1007.271(6), taken through dual
97	enrollment.
98	(8) The State Board of Education, after a public hearing
99	and consideration, shall adopt rules based upon the
100	recommendations of the commissioner for the provision of test
101	accommodations and modifications of procedures as necessarymake
102	provision for appropriate modification of testing instruments
103	and procedures for students with identified handicaps or
104	disabilities which will demonstrate the student's abilitiesin
105	order to ensure that the results of the testing represent the
106	student's achievement, rather than reflectreflectingthe
107	student's impaired sensory, manual, speaking, or psychological
108	process skills.
109	(9)(10)The public hearing and consideration required in
110	subsection (8) shall not be construed to amend or nullify the
111	requirements of security relating to the contents of
112	examinations or assessment instruments and related materials or
113	data as prescribed in s. 1008.23.
114	(10)(a)(9)A student who meets all requirements prescribed
115	in subsections (1), (4), and (5) shall be awarded a standard
116	diploma in a form prescribed by the State Board of Education. A
117	district school board may attach the Florida gold seal career
118	and technicalendorsement to a standard diploma or, instead of
119	the standard diploma, award differentiated diplomas to those
120	exceeding the prescribed minimums.
121	(b)A student who completes the minimum number of credits
122	and other requirements prescribed by subsections (1) and (4),
123	but who is unable to meet the standards of paragraph (5)(a),
124	paragraph (5)(b), or paragraph (5)(c), shall be awarded a
125	certificate of completion in a form prescribed by the State
126	Board of Education. However, any student who is otherwise
127	entitled to a certificate of completion may elect to remain in
128	the secondary school either as a full-time student or a part-
129	time student for up to 1 additional year and receive special
130	instruction designed to remedy his or her identified
131	deficiencies.
132	(11)(a) Each district school board must provide
133	instruction to prepare students with disabilities to demonstrate
134	proficiency in the skills and competencies necessary for
135	successful grade-to-grade progression and high school
136	graduation.
137	(b) A student with a disability, as defined in s.
138	1007.02(2), for whom the individual educational plan (IEP)
139	committee determines that the FCAT cannot accurately measure the
140	student's abilities taking into consideration all allowable
141	accommodations, shall have the FCAT requirement of paragraph
142	(5)(a) waived for the purpose of receiving a standard high
143	school diploma, if the student:
144	1. Completes the minimum number of credits and other
145	requirements prescribed by subsections (1) and (4).
146	2. Does not meet the requirements of paragraph (5)(a)
147	after one opportunity in 10th grade and one opportunity in 11th
148	grade.
149	Section 3. Subsection (1) of section 1007.263, Florida
150	Statutes, is amended, and subsections (4) and (5) are added to
151	said section, to read:
152	1007.263 Community colleges; admissions of students.--Each
153	community college board of trustees is authorized to adopt rules
154	governing admissions of students subject to this section and
155	rules of the State Board of Education. These rules shall include
156	the following:
157	(1) Admissions counseling shall be provided to all
158	students entering college or career credit programs., which
159	Counseling shall utilize tests to measure achievement of
160	college-level communication and computation competencies by all
161	students entering college credit programs or tests to measure
162	achievement of basic skills for career programs as prescribed in
163	s. 1004.91.
164	(4) A student who has been awarded a special diploma as
165	defined in s. 1003.438 or a certificate of completion as defined
166	in s. 1003.43(10) is eligible to enroll in certificate career
167	education programs.
168	(5) A student with a documented disability may be eligible
169	for reasonable substitutions, as prescribed in ss. 1007.264 and
170	1007.265.
171
172	Each board of trustees shall establish policies that notify
173	students about, and place students into, adult basic education,
174	adult secondary education, or other instructional programs that
175	provide students with alternatives to traditional college-
176	preparatory instruction, including private provider instruction.
177	A student is prohibited from enrolling in additional college-
178	level courses until the student scores above the cut-score on
179	all sections of the common placement test.
180	Section 4. Section 1007.264, Florida Statutes, is amended,
181	to read:
182	1007.264 Impaired and learning disabled persons; admission
183	to postsecondary educational institutions;and graduation,
184	substitute requirements; rules.--Any student with a disability,
185	as defined in s. 1007.02(2), except those students who have been
186	documented as having mental retardationperson who is hearing
187	impaired, visually impaired, or dyslexic, or who has a specific
188	learning disability, shall be eligible for reasonable
189	substitution for any requirement for admission into a public
190	postsecondary educational institution, admission into a program
191	of study, or graduation,where documentation can be provided
192	that the person's failure to meet the admissionrequirement is
193	related to the disability and where the failure to meet the
194	graduation requirement or program admission requirement does not
195	constitute a fundamental alteration in the nature of the
196	program. The State Board of Education shall adopt rules to
197	implement this section and shall develop substitute admission
198	requirements where appropriate.
199	Section 5. Section 1007.265, Florida Statutes, is created
200	to read:
201	1007.265 Impaired and learning disabled persons;
202	graduation, study program admission, and upper-division entry;
203	substitute requirements; rules.--Any student with a disability,
204	as defined in s. 1007.02(2), in a public postsecondary
205	educational institution, except those students who have been
206	documented as having mental retardation, shall be eligible for
207	reasonable substitution for any requirement for graduation, for
208	admission into a program of study, or for entry into the upper
209	division where documentation can be provided that the person’s
210	failure to meet the requirement is related to the disability and
211	where failure to meet the graduation requirement or program
212	admission requirement does not constitute a fundamental
213	alteration in the nature of the program. The State Board of
214	Education shall adopt rules to implement this section and shall
215	develop substitute requirements where appropriate.
216	Section 6. Subsection (11) is added to section 1007.27,
217	Florida Statutes, to read:
218	1007.27 Articulated acceleration mechanisms.--
219	(11)(a) The State Board of Education shall conduct a
220	review of the extent to which the acceleration mechanisms
221	authorized by this section are currently utilized by school
222	districts and public postsecondary educational institutions and
223	shall submit a report to the Governor and the Legislature by
224	December 31, 2003.
225	(b) The report must include a summary of ongoing
226	activities and a plan to increase and enhance the use of
227	acceleration mechanisms as a way to shorten the length of time
228	as well as the funding required for a student, including a
229	student with a documented disability, to obtain a postsecondary
230	degree.
231	(c) The review and plan shall address, but are not limited
232	to, the following issues:
233	1. The manner in which students, including students with
234	documented disabilities, are advised regarding the availability
235	of acceleration mechanism options.
236	2. The availability of acceleration mechanism options to
237	eligible students, including students with documented
238	disabilities, who wish to participate.
239	3. The grading practices, including weighting of courses,
240	of school districts and public postsecondary educational
241	institutions with regard to credit earned through acceleration
242	mechanisms.
243	4. The extent to which credit earned through an
244	acceleration mechanism is used to meet the general education
245	requirements of a public postsecondary educational institution.
246	5. The extent to which the secondary instruction
247	associated with acceleration mechanism options could be offered
248	at sites other than public K through 12 school sites to assist
249	in meeting class size reduction needs.
250	6. The manner in which funding for instruction associated
251	with acceleration mechanism options is provided.
252	7. The feasibility of providing students, including
253	students with documented disabilities, the option of choosing
254	Advanced Placement credit or College Level Examination Program
255	(CLEP) credit as an alternative to dual enrollment credit upon
256	completion of a dual enrollment course.
257	Section 7. Paragraph (c) of subsection (3) of section
258	1008.22, Florida Statutes, is amended, to read:
259	1008.22 Student assessment program for public schools.--
260	(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
261	design and implement a statewide program of educational
262	assessment that provides information for the improvement of the
263	operation and management of the public schools, including
264	schools operating for the purpose of providing educational
265	services to youth in Department of Juvenile Justice programs.
266	Pursuant to the statewide assessment program, the commissioner
267	shall:
268	(c) Develop and implement a student achievement testing
269	program known as the Florida Comprehensive Assessment Test
270	(FCAT) as part of the statewide assessment program, to be
271	administered annually in grades 3 through 10 to measure reading,
272	writing, science, and mathematics. Other content areas may be
273	included as directed by the commissioner. The testing program
274	must be designed so that:
275	1. The tests measure student skills and competencies
276	adopted by the State Board of Education as specified in
277	paragraph (a). The tests must measure and report student
278	proficiency levels in reading, writing, mathematics, and
279	science. The commissioner shall provide for the tests to be
280	developed or obtained, as appropriate, through contracts and
281	project agreements with private vendors, public vendors, public
282	agencies, postsecondary educational institutions, or school
283	districts. The commissioner shall obtain input with respect to
284	the design and implementation of the testing program from state
285	educators and the public.
286	2. The testing program will include a combination of norm-
287	referenced and criterion-referenced tests and include, to the
288	extent determined by the commissioner, questions that require
289	the student to produce information or perform tasks in such a
290	way that the skills and competencies he or she uses can be
291	measured.
292	3. Each testing program, whether at the elementary,
293	middle, or high school level, includes a test of writing in
294	which students are required to produce writings that are then
295	scored by appropriate methods.
296	4. A score is designated for each subject area tested,
297	below which score a student's performance is deemed inadequate.
298	The school districts shall provide appropriate remedial
299	instruction to students who score below these levels.
300	5. Except as provided in s. 1003.43(11)(b),students must
301	earn a passing score on the grade 10 assessment test described
302	in this paragraph in reading, writing, and mathematics to
303	qualify for a regular high school diploma. The State Board of
304	Education shall designate a passing score for each part of the
305	grade 10 assessment test. In establishing passing scores, the
306	state board shall consider any possible negative impact of the
307	test on minority students. All students who took the grade 10
308	FCAT during the 2000-2001 school year shall be required to earn
309	the passing scores in reading and mathematics established by the
310	State Board of Education for the March 2001 test administration.
311	Such students who did not earn the established passing scores
312	and must repeat the grade 10 FCAT are required to earn the
313	passing scores established for the March 2001 test
314	administration. All students who take the grade 10 FCAT for the
315	first time in March 2002 and thereafter shall be required to
316	earn the passing scores in reading and mathematics established
317	by the State Board of Education for the March 2002 test
318	administration. The State Board of Education shall adopt rules
319	which specify the passing scores for the grade 10 FCAT. Any
320	such rules, which have the effect of raising the required
321	passing scores, shall only apply to students taking the grade 10
322	FCAT after such rules are adopted by the State Board of
323	Education.
324	6. Participation in the testing program is mandatory for
325	all students attending public school, including students served
326	in Department of Juvenile Justice programs, except as otherwise
327	prescribed by the commissioner. If a student does not
328	participate in the statewide assessment, the district must
329	notify the student's parent and provide the parent with
330	information regarding the implications of such nonparticipation.
331	If modifications are made in the student's instruction to
332	provide accommodations that would not be permitted on the
333	statewide assessment tests, the district must notify the
334	student's parent of the implications of such instructional
335	modifications. A parent must provide signed consent for a
336	student to receive instructional modifications that would not be
337	permitted on the statewide assessments and must acknowledge in
338	writing that he or she understands the implications of such
339	accommodations. The State Board of Education shall adopt rules,
340	based upon recommendations of the commissioner, for the
341	provision of test accommodations and modifications of procedures
342	as necessary for students in exceptional education programs and
343	for students who have limited English proficiency.
344	Accommodations that negate the validity of a statewide
345	assessment are not allowable.
346	7. A student seeking an adult high school diploma must
347	meet the same testing requirements that a regular high school
348	student must meet.
349	8. District school boards must provide instruction to
350	prepare students to demonstrate proficiency in the skills and
351	competencies necessary for successful grade-to-grade progression
352	and high school graduation. If a student is provided with
353	accommodations or modifications that are not allowable in the
354	statewide assessment program, as described in the test manuals,
355	the district must inform the parent in writing and must provide
356	the parent with information regarding the impact on the
357	student's ability to meet expected proficiency levels in
358	reading, writing, and math. The commissioner shall conduct
359	studies as necessary to verify that the required skills and
360	competencies are part of the district instructional programs.
361	9. The Department of Education must develop, or select,
362	and implement a common battery of assessment tools that will be
363	used in all juvenile justice programs in the state. These tools
364	must accurately measure the skills and competencies established
365	in the Florida Sunshine State Standards.
366
367	The commissioner may design and implement student testing
368	programs, for any grade level and subject area, necessary to
369	effectively monitor educational achievement in the state.
370	Section 8. Subsection (2) of section 1002.21, Florida
371	Statutes, is amended to read:
372	1002.21 Postsecondary student and parent rights.--
373	(2) LEARNING DISABLED STUDENTS.--Impaired and learning
374	disabled students may be eligible for reasonable substitution
375	for admission, graduation, and upper-level division requirements
376	of public postsecondary educational institutions, in accordance
377	with the provisions of ss.s. 1007.264 and 1007.265.
378	Section 9. This act shall take effect upon becoming a law.