HB 0851 2003
1	A bill to be entitled
2	An act relating to access to postsecondary education;
3	amending s. 1003.43, F.S.; removing a requirement relating
4	to life management course required for high school
5	graduation; requiring rules for the provision of test
6	accommodations and modifications for students with
7	disabilities; renaming the certificate of completion;
8	requiring certain instruction for students with
9	disabilities and providing for the award of a standard
10	diploma under certain circumstances; amending s. 1003.438,
11	F.S.; conforming provisions; amending s. 1007.263, F.S.;
12	providing for community college admissions counseling to
13	students entering technical credit programs; authorizing
14	admission with a certificate of graduation; providing that
15	students awarded a special diploma or certificate of
16	graduation may enroll in certificate career and technical
17	education programs; amending s. 1007.27, F.S.; providing
18	for the alignment of course weighting for credit and
19	admission; amending s. 1008.22, F.S.; requiring certain
20	instruction for students with disabilities; providing
21	requirements for alternate assessments; providing an
22	effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Paragraph (i) of subsection (1) and subsections
27	(8), (9), and (10) of section 1003.43, Florida Statutes, are
28	amended to read:
29	1003.43 General requirements for high school graduation.--
30	(1) Graduation requires successful completion of either a
31	minimum of 24 academic credits in grades 9 through 12 or an
32	International Baccalaureate curriculum. The 24 credits shall be
33	distributed as follows:
34	(i) One-half credit in life management skills to include
35	consumer education, positive emotional development, marriage and
36	relationship skill-based education, nutrition, prevention of
37	human immunodeficiency virus infection and acquired immune
38	deficiency syndrome and other sexually transmissible diseases,
39	benefits of sexual abstinence and consequences of teenage
40	pregnancy, information and instruction on breast cancer
41	detection and breast self-examination, cardiopulmonary
42	resuscitation, drug education, and the hazards of smoking. Such
43	credit shall be given for a course to be taken by all students
44	in either the 9th or 10th grade.
45
46	District school boards may award a maximum of one-half credit in
47	social studies and one-half elective credit for student
48	completion of nonpaid voluntary community or school service
49	work. Students choosing this option must complete a minimum of
50	75 hours of service in order to earn the one-half credit in
51	either category of instruction. Credit may not be earned for
52	service provided as a result of court action. District school
53	boards that approve the award of credit for student volunteer
54	service shall develop guidelines regarding the award of the
55	credit, and school principals are responsible for approving
56	specific volunteer activities. A course designated in the Course
57	Code Directory as grade 9 through grade 12 that is taken below
58	the 9th grade may be used to satisfy high school graduation
59	requirements or Florida Academic Scholars award requirements as
60	specified in a district school board's student progression plan.
61	A student shall be granted credit toward meeting the
62	requirements of this subsection for equivalent courses, as
63	identified pursuant to s. 1007.271(6), taken through dual
64	enrollment.
65	(8)(a)The State Board of Education, after a public
66	hearing and consideration, shall adopt rules based on
67	recommendations of the Commissioner of Education for the
68	provision of test accommodations and modifications of procedures
69	as necessarymake provision for appropriate modification of
70	testing instruments and procedures for students with identified
71	handicaps or disabilities which will demonstrate the student's
72	abilitiesin order to ensure that the results of the testing
73	represent the student's achievement, rather than reflect
74	reflectingthe student's impaired sensory, manual, speaking, or
75	psychological process skills. Accommodations should be provided
76	in order to ensure that the results of the testing represent the
77	student's achievement but do not negate the validity of the
78	assessment.
79	(b) The public hearing and consideration required in this
80	subsection shall not be construed to amend or nullify the
81	requirements of security relating to the contents of
82	examinations or assessment instruments and related materials or
83	data as prescribed in s. 1008.23.
84	(9) A student who meets all requirements prescribed in
85	subsections (1), (4), and (5) shall be awarded a standard
86	diploma in a form prescribed by the State Board of Education. A
87	district school board may attach the Florida gold seal career
88	and technical endorsement to a standard diploma or, instead of
89	the standard diploma, award differentiated diplomas to those
90	exceeding the prescribed minimums. A student who completes the
91	minimum number of credits and other requirements prescribed by
92	subsections (1) and (4), but who is unable to meet the standards
93	of paragraph (5)(a), paragraph (5)(b), or paragraph (5)(c),
94	shall be awarded a certificate of graduationcompletionin a
95	form prescribed by the State Board of Education. However, any
96	student who is otherwise entitled to a certificate of graduation
97	completionmay elect to remain in the secondary school either as
98	a full-time student or a part-time student for up to 1
99	additional year and receive special instruction designed to
100	remedy his or her identified deficiencies.
101	(10) District school boards must provide instruction to
102	prepare students with disabilities to demonstrate proficiency in
103	the skills and competencies necessary for successful grade-to-
104	grade progression and high school graduation. A student with a
105	disability described in s. 1003.01(3)(a) who completes the
106	minimum number of credits and other requirements prescribed by
107	subsections (1) and (4) and who does not meet the requirements
108	of paragraph (5)(a) after one opportunity in grade 10 and one
109	opportunity in grade 11 but achieves a passing score on an
110	alternate assessment, as provided for in s. 1008.22(3)(c)9.,
111	shall be awarded a standard diploma in a form prescribed by the
112	State Board of Education. Any student with a disability who does
113	not graduate with a standard diploma is eligible to remain in
114	school through the age of 21 years or until he or she graduates
115	with a standard diploma, whichever occurs first.The public
116	hearing and consideration required in subsection (8) shall not
117	be construed to amend or nullify the requirements of security
118	relating to the contents of examinations or assessment
119	instruments and related materials or data as prescribed in s.
120	1008.23.
121	Section 2. Section 1003.438, Florida Statutes, is amended
122	to read:
123	1003.438 Special high school graduation requirements for
124	certain exceptional students.--A student who has been properly
125	classified, in accordance with rules established by the State
126	Board of Education, as "educable mentally handicapped,"
127	"trainable mentally handicapped," "hearing impaired," "specific
128	learning disabled," "physically or language impaired," or
129	"emotionally handicapped" shall not be required to meet all
130	requirements of s. 1003.43 and shall, upon meeting all
131	applicable requirements prescribed by the district school board
132	pursuant to s. 1008.25, be awarded a special diploma in a form
133	prescribed by the commissioner; however, such special graduation
134	requirements prescribed by the district school board must
135	include minimum graduation requirements as prescribed by the
136	commissioner. Any such student who meets all special
137	requirements of the district school board for exceptionality,
138	but is unable to meet the appropriate special state minimum
139	requirements, shall be awarded a special certificate of
140	graduationcompletionin a form prescribed by the commissioner.
141	A student who has been properly classified as "profoundly
142	handicapped" and who meets the special requirements of the
143	district school board for a special diploma in accordance with
144	requirements for any exceptional student identified in this
145	section shall be awarded a special diploma; however, such a
146	student shall alternatively be eligible for a special
147	certificate of graduationcompletion, in a form prescribed by
148	the commissioner, if all school requirements for students who
149	are "profoundly handicapped" have been met. However, this
150	section does not limit or restrict the right of an exceptional
151	student solely to a special diploma or special certificate of
152	graduationcompletion. Any such student shall, upon proper
153	request, be afforded the opportunity to fully meet all
154	requirements of s. 1003.43 through the standard procedures
155	established therein and thereby to qualify for a standard
156	diploma upon graduation.
157	Section 3. Section 1007.263, Florida Statutes, is amended
158	to read:
159	1007.263 Community colleges; admissions of students.--Each
160	community college board of trustees is authorized to adopt rules
161	governing admissions of students subject to this section and
162	rules of the State Board of Education. These rules shall include
163	the following:
164	(1) Admissions counseling shall be provided to all
165	students entering college or technical credit programs., which
166	Counseling shall utilize tests to measure achievement of
167	college-level communication and computation competencies by all
168	students entering college credit programs or tests to measure
169	achievement of basic skills for certificate technical education
170	programs as prescribed in s. 1004.91.
171	(2) Admission to associate degree programs is subject to
172	minimum standards adopted by the State Board of Education and
173	shall require:
174	(a) A standard high school diploma, a certificate of
175	graduation,a high school equivalency diploma as prescribed in
176	s. 1003.435, previously demonstrated competency in college
177	credit postsecondary coursework, or, in the case of a student
178	who is home educated, a signed affidavit submitted by the
179	student's parent or legal guardian attesting that the student
180	has completed a home education program pursuant to the
181	requirements of s. 1002.41. Students who are enrolled in a dual
182	enrollment or early admission program pursuant to ss. 1007.27
183	and 1007.271 and secondary students enrolled in college-level
184	instruction creditable toward the associate degree, but not
185	toward the high school diploma, shall be exempt from this
186	requirement.
187	(b) A demonstrated level of achievement of college-level
188	communication and computation skills.
189	(c) Any other requirements established by the board of
190	trustees.
191	(3) Admission to other programs within the community
192	college shall include education requirements as established by
193	the board of trustees.
194
195	Each board of trustees shall establish policies that notify
196	students about, and place students into, adult basic education,
197	adult secondary education, or other instructional programs that
198	provide students with alternatives to traditional college-
199	preparatory instruction, including private provider instruction.
200	A student is prohibited from enrolling in additional college-
201	level courses until the student scores above the cut-score on
202	all sections of the common placement test.
203	(4) Students who have been awarded a special diploma
204	pursuant to s. 1003.438 or a certificate of graduation pursuant
205	to s. 1003.43 are eligible for enrollment in certificate career
206	and technical education programs. Students seeking admission to
207	college credit postsecondary career and technical certificate
208	programs and applied technology diploma programs offered for
209	college credit shall meet the same standards for admission as
210	required for associate degree programs.
211	(5) Students with documented disabilities may be eligible
212	for reasonable substitutions as prescribed in s. 1007.264.
213	Section 4. Subsection (1) of section 1007.27, Florida
214	Statutes, is amended to read:
215	1007.27 Articulated acceleration mechanisms.--
216	(1) It is the intent of the Legislature that a variety of
217	articulated acceleration mechanisms be available for secondary
218	and postsecondary students attending public educational
219	institutions. It is intended that articulated acceleration serve
220	to shorten the time necessary for a student to complete the
221	requirements associated with the conference of a high school
222	diploma and a postsecondary degree, broaden the scope of
223	curricular options available to students, or increase the depth
224	of study available for a particular subject. Articulated
225	acceleration mechanisms shall include, but not be limited to,
226	dual enrollment as provided for in s. 1007.271, early admission,
227	advanced placement, credit by examination, the International
228	Baccalaureate Program, and the Advanced International
229	Certificate of Education Program. Credit earned through the
230	Florida Virtual School shall provide additional opportunities
231	for early graduation and acceleration. To maximize clear and
232	consistent guidance to students seeking advanced curriculum and
233	accelerated access to higher education, the State Board of
234	Education shall align the weighting of courses for credit and
235	admission.
236	Section 5. Paragraph (c) of subsection (3) of section
237	1008.22, Florida Statutes, is amended to read:
238	1008.22 Student assessment program for public schools.--
239	(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
240	design and implement a statewide program of educational
241	assessment that provides information for the improvement of the
242	operation and management of the public schools, including
243	schools operating for the purpose of providing educational
244	services to youth in Department of Juvenile Justice programs.
245	Pursuant to the statewide assessment program, the commissioner
246	shall:
247	(c) Develop and implement a student achievement testing
248	program known as the Florida Comprehensive Assessment Test
249	(FCAT) as part of the statewide assessment program, to be
250	administered annually in grades 3 through 10 to measure reading,
251	writing, science, and mathematics. Other content areas may be
252	included as directed by the commissioner. The testing program
253	must be designed so that:
254	1. The tests measure student skills and competencies
255	adopted by the State Board of Education as specified in
256	paragraph (a). The tests must measure and report student
257	proficiency levels in reading, writing, mathematics, and
258	science. The commissioner shall provide for the tests to be
259	developed or obtained, as appropriate, through contracts and
260	project agreements with private vendors, public vendors, public
261	agencies, postsecondary educational institutions, or school
262	districts. The commissioner shall obtain input with respect to
263	the design and implementation of the testing program from state
264	educators and the public.
265	2. The testing program will include a combination of norm-
266	referenced and criterion-referenced tests and include, to the
267	extent determined by the commissioner, questions that require
268	the student to produce information or perform tasks in such a
269	way that the skills and competencies he or she uses can be
270	measured.
271	3. Each testing program, whether at the elementary,
272	middle, or high school level, includes a test of writing in
273	which students are required to produce writings that are then
274	scored by appropriate methods.
275	4. A score is designated for each subject area tested,
276	below which score a student's performance is deemed inadequate.
277	The school districts shall provide appropriate remedial
278	instruction to students who score below these levels.
279	5. Students must earn a passing score on the grade 10
280	assessment test described in this paragraph in reading, writing,
281	and mathematics to qualify for a regular high school diploma.
282	The State Board of Education shall designate a passing score for
283	each part of the grade 10 assessment test. In establishing
284	passing scores, the state board shall consider any possible
285	negative impact of the test on minority students. All students
286	who took the grade 10 FCAT during the 2000-2001 school year
287	shall be required to earn the passing scores in reading and
288	mathematics established by the State Board of Education for the
289	March 2001 test administration. Such students who did not earn
290	the established passing scores and must repeat the grade 10 FCAT
291	are required to earn the passing scores established for the
292	March 2001 test administration. All students who take the grade
293	10 FCAT for the first time in March 2002 and thereafter shall be
294	required to earn the passing scores in reading and mathematics
295	established by the State Board of Education for the March 2002
296	test administration. The State Board of Education shall adopt
297	rules which specify the passing scores for the grade 10 FCAT.
298	Any such rules, which have the effect of raising the required
299	passing scores, shall only apply to students taking the grade 10
300	FCAT after such rules are adopted by the State Board of
301	Education.
302	6. Participation in the testing program is mandatory for
303	all students attending public school, including students served
304	in Department of Juvenile Justice programs, except as otherwise
305	prescribed by the commissioner. If a student does not
306	participate in the statewide assessment, the district must
307	notify the student's parent and provide the parent with
308	information regarding the implications of such nonparticipation.
309	If modifications are made in the student's instruction to
310	provide accommodations that would not be permitted on the
311	statewide assessment tests, the district must notify the
312	student's parent of the implications of such instructional
313	modifications. A parent must provide signed consent for a
314	student to receive instructional modifications that would not be
315	permitted on the statewide assessments and must acknowledge in
316	writing that he or she understands the implications of such
317	accommodations. The State Board of Education shall adopt rules,
318	based upon recommendations of the commissioner, for the
319	provision of test accommodations and modifications of procedures
320	as necessary for students in exceptional education programs and
321	for students who have limited English proficiency.
322	Accommodations that negate the validity of a statewide
323	assessment are not allowable.
324	7. A student seeking an adult high school diploma must
325	meet the same testing requirements that a regular high school
326	student must meet.
327	8. District school boards must provide instruction to
328	prepare students to demonstrate proficiency in the skills and
329	competencies necessary for successful grade-to-grade progression
330	and high school graduation. If a student is provided with
331	accommodations or modifications that are not allowable in the
332	statewide assessment program, as described in the test manuals,
333	the district must inform the parent in writing and must provide
334	the parent with information regarding the impact on the
335	student's ability to meet expected proficiency levels in
336	reading, writing, and math. The commissioner shall conduct
337	studies as necessary to verify that the required skills and
338	competencies are part of the district instructional programs.
339	9. District school boards must provide instruction to
340	prepare students with disabilities to demonstrate proficiency in
341	the skills and competencies necessary for successful grade-to-
342	grade progression and high school graduation. For the purpose of
343	implementing s. 1003.43(10) for students with disabilities,
344	alternate assessments for the grade 10 FCAT shall include
345	existing standardized assessments that are administered to high
346	school students as an assessment of their general knowledge,
347	skills, and abilities, or administered for community college or
348	postsecondary education entry or placement purposes. The State
349	Board of Education shall adopt rules identifying the students
350	with disabilities eligible for the grade 10 alternate
351	assessment, the appropriate standards to be assessed that are
352	aligned to the maximum extent possible with the Sunshine State
353	Standards, appropriate assessment instruments or procedures, and
354	passing scores as required.
355	10.9.The Department of Education must develop, or select,
356	and implement a common battery of assessment tools that will be
357	used in all juvenile justice programs in the state. These tools
358	must accurately measure the skills and competencies established
359	in the Florida Sunshine State Standards.
360
361	The commissioner may design and implement student testing
362	programs, for any grade level and subject area, necessary to
363	effectively monitor educational achievement in the state.
364	Section 6. This act shall take effect July 1, 2003.