Amendment
Bill No. 0364
Amendment No. 246659
CHAMBER ACTION
Senate House
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1Representative Pickens offered the following:
2
3     Substitute Amendment for Amendment (587977) (with title
4amendment)
5Remove everything after the enacting clause and insert:
6     Section 1.  Paragraph (c) of subsection (2) and paragraph
7(a) of subsection (4) of section 1003.03, Florida Statutes, are
8amended to read:
9     1003.03  Maximum class size.--
10     (2)  IMPLEMENTATION.--
11     (c)  The Department of Education shall annually calculate
12each of the three average class size measures defined in
13paragraphs (a) and (b) based upon the October student membership
14survey. For purposes of determining the baseline from which each
15district's average class size must be reduced for the 2003-2004
16school year, the department shall use data from the February
172003 student membership survey updated to include classroom
18identification numbers as required by the department. Beginning
19in the 2004-2005 school year, if the actual student membership
20in the October survey exceeds the student membership estimate
21included in the Florida Education Finance Program first
22calculation, the maximum student membership enrollment used in
23determining the October class size averages shall be the student
24membership estimate included in the Florida Education Finance
25Program first calculation.
26     (4)  ACCOUNTABILITY.--
27     (a)  Beginning in the 2003-2004 fiscal year, if the
28department determines for any year that a school district has
29not reduced average class size as required in subsection (2) at
30the time of the third FEFP calculation, the department shall
31calculate an amount from the class size reduction operating
32categorical which is proportionate to the amount of class size
33reduction not accomplished. Upon verification of the
34department's calculation by the Florida Education Finance
35Program Appropriation Allocation Conference, the Executive
36Office of the Governor shall transfer undistributed funds
37equivalent to the calculated amount from the district's class
38size reduction operating categorical to an approved fixed
39capital outlay appropriation for class size reduction in the
40affected district pursuant to s. 216.292(13). The amount of
41funds transferred shall be the lesser of the amount verified by
42the Florida Education Finance Program Appropriation Allocation
43Conference or the undistributed balance of the district's class
44size reduction operating categorical. However, based upon a
45recommendation by the Commissioner of Education that the State
46Board of Education has reviewed evidence indicating that a
47district has been unable to meet class size reduction
48requirements despite appropriate effort to do so, the
49Legislative Budget Commission may approve an alternative amount
50of funds to be transferred from the district's class size
51reduction operating categorical to its approved fixed capital
52outlay account for class size reduction. Beginning in the 2004-
532005 school year, a district that fully achieves the required
54class size averages when compared to the February 2003 baseline
55student membership survey shall be eligible for a reversal of
56the prior year class size reduction operating categorical
57transfer that resulted from its inability to achieve the
58required class size averages as required in subsection (2).
59     Section 2.  Section 1003.429, Florida Statutes, is amended
60to read:
61     1003.429  Accelerated high school graduation options.--
62     (1)  Students who enter grade 9 in the 2004-2005 school
63year Beginning with the 2003-2004 school year, all students
64scheduled to graduate in 2004 and thereafter may select one of
65the following three high school graduation options:
66     (a)  Completion of the general requirements for high school
67graduation pursuant to s. 1003.43;
68     (b)  Completion of a 3-year standard college preparatory
69program requiring successful completion of a minimum of 18
70academic credits in grades 9 through 12. At least 6 of the 18
71credits required for completion of this program must be received
72in classes that are honors, dual enrollment, advanced placement,
73International Baccalaureate, Advanced International Certificate
74of Education, specifically listed or identified by the
75Department of Education as rigorous pursuant to s. 1009.531(3),
76or weighted by the district school board for class ranking
77purposes. The 18 credits required for completion of this program
78shall be primary requirements and shall be distributed as
79follows:
80     1.  Four credits in English, with major concentration in
81composition and literature;
82     2.  Three credits in mathematics at the Algebra I level or
83higher from the list of courses that qualify for state
84university admission;
85     3.  Three credits in natural science, two of which must
86have a laboratory component;
87     4.  Three credits in social sciences, which must include
88one credit in American history, one credit in world history,
89one-half credit in American government, and one-half credit in
90economics;
91     5.  Two credits in the same second language unless the
92student is a native speaker of or can otherwise demonstrate
93competency in a language other than English. If the student
94demonstrates competency in another language, the student may
95replace the language requirement with two credits in other
96academic courses; and
97     6.  Three credits in electives; or
98     (c)  Completion of a 3-year career preparatory program
99requiring successful completion of a minimum of 18 academic
100credits in grades 9 through 12. The 18 credits shall be primary
101requirements and shall be distributed as follows:
102     1.  Four credits in English, with major concentration in
103composition and literature;
104     2.  Three credits in mathematics, one of which must be
105Algebra I;
106     3.  Three credits in natural science, two of which must
107have a laboratory component;
108     4.  Three credits in social sciences, which must include
109one credit in American history, one credit in world history,
110one-half credit in American government, and one-half credit in
111economics;
112     5.  Three Two credits in a single vocational or career
113education program, three credits in career and technical
114certificate dual enrollment courses, or five credits in
115vocational or career education courses the same second language
116unless the student is a native speaker of or can otherwise
117demonstrate competency in a language other than English. If the
118student demonstrates competency in another language, the student
119may replace the language requirement with two credits in other
120academic courses; and
121     6.  Two Three credits in electives unless five credits are
122earned pursuant to subparagraph 5.
123
124Any student who selected an accelerated graduation program
125before July 1, 2004, may continue that program, and all
126statutory program requirements that were applicable when the
127student made the program choice shall remain applicable to the
128student as long as the student continues that program.
129     (2)  Prior to selecting a program described in paragraph
130(1)(b) or paragraph (1)(c), the following requirements must be
131met:
132     (a)  Designated school personnel shall meet with the
133student and student's parent to give an explanation of the
134relative requirements, advantages, and disadvantages of each
135graduation option.
136     (b)  The student shall submit to the high school principal
137and guidance counselor a signed parental consent to enter the 3-
138year accelerated graduation program.
139     (c)  The student shall have achieved at least an FCAT
140reading achievement level of 3, an FCAT mathematics achievement
141level of 3, and an FCAT Writing score of 3 on the most recent
142assessments taken by the student.
143     (3)(2)  Beginning with the 2004-2005 2003-2004 school year,
144each district school board shall provide each student in grades
1456 through 9 12 and their parents with information concerning the
1463-year and 4-year high school graduation options listed in
147subsection (1), including the respective curriculum requirements
148for those options, so that with curriculum for the students and
149their parents may to select the postsecondary education or
150career plan that best fits their needs. The information options
151shall include a timeframe for achieving each graduation option.
152     (4)(3)  Selection of one of the graduation options listed
153in subsection (1) must be completed by the student prior to the
154end of grade 9 and is exclusively up to the student and parent,
155subject to the requirements in subsection (2). Each district
156school board shall establish policies for extending this
157deadline to the end of a student's first semester of grade 10
158for a student who entered a Florida public school after grade 9
159upon transfer from a private school or another state or who was
160prevented from choosing a graduation option due to illness
161during grade 9. If the student and parent fail to select a
162graduation option, the student shall be considered to have
163selected the general requirements for high school graduation
164pursuant to paragraph (1)(a).
165     (5)(4)  District school boards shall not establish
166requirements for accelerated 3-year high school graduation
167options in excess of the requirements in paragraphs (1)(b) and
168(c).
169     (6)(5)  Students pursuing accelerated 3-year high school
170graduation options pursuant to paragraph (1)(b) or paragraph
171(1)(c) are required to:
172     (a)  Earn passing scores on the FCAT as defined in s.
1731008.22(3)(c) or scores on a standardized test that are
174concordant with passing scores on the FCAT as defined in s.
1751008.22(9).
176     (b)1.  Achieve a cumulative weighted grade point average of
1773.0 2.0 on a 4.0 scale, or its equivalent, in the courses
178required for the college preparatory by the chosen accelerated
1793-year high school graduation option pursuant to paragraph
180(1)(b); or
181     2.  Achieve a cumulative weighted grade point average of
1822.5 on a 4.0 scale, or its equivalent, in the courses required
183for the career preparatory accelerated 3-year high school
184graduation option pursuant to paragraph (1)(c).
185     (c)  Receive a weighted or unweighted grade that earns at
186least 3.0 points, or its equivalent, to earn course credit
187toward the 18 credits required for the college preparatory
188accelerated 3-year high school graduation option pursuant to
189paragraph (1)(b).
190     (d)  Receive a weighted or unweighted grade that earns at
191least 2.0 points, or its equivalent, to earn course credit
192toward the 18 credits required for the career preparatory
193accelerated 3-year high school graduation option pursuant to
194paragraph (1)(c).
195
196Weighted grades referred to in paragraphs (b), (c), and (d)
197shall be applied to those courses specifically listed or
198identified by the department as rigorous pursuant to s.
1991009.531(3) or weighted by the district school board for class
200ranking purposes.
201     (7)  If, at the end of grade 10, a student is not on track
202to meet the credit, assessment, or grade-point-average
203requirements of the accelerated graduation option selected, the
204school shall notify the student and parent of the following:
205     (a)  The requirements that the student is not currently
206meeting.
207     (b)  The specific performance necessary in grade 11 for the
208student to meet the accelerated graduation requirements.
209     (c)  The right of the student to change to the 4-year
210program set forth in s. 1003.43.
211     (8)  A student who selected one of the accelerated 3-year
212graduation options shall automatically move to the 4-year
213program set forth in s. 1003.43 if the student:
214     (a)  Exercises his or her right to change to the 4-year
215program;
216     (b)  Fails to earn 5 credits by the end of grade 9 or fails
217to earn 11 credits by the end of grade 10;
218     (c)  Does not achieve a score of 3 or higher on the grade
21910 FCAT Writing assessment; or
220     (d)  By the end of grade 11 does not meet the requirements
221of subsections (1) and (6).
222     (9)(6)  A student who meets all requirements prescribed in
223subsections (1) and (6)(5) shall be awarded a standard diploma
224in a form prescribed by the State Board of Education.
225     Section 3.  Paragraph (a) of subsection (5) of section
2261003.43, Florida Statutes, is amended to read:
227     1003.43  General requirements for high school graduation.--
228     (5)  Each district school board shall establish standards
229for graduation from its schools, and these standards must
230include:
231     (a)  Earning passing scores on the FCAT, as defined in s.
2321008.22(3)(c) or scores on a standardized test that are
233concordant with passing scores on the FCAT as defined in s.
2341008.22(9).
235
236The standards required in this subsection, and any subsequent
237modifications, shall be reprinted in the Florida Administrative
238Code even though not defined as "rules."
239     Section 4.  Subsection (9) of section 1008.22, Florida
240Statutes, is amended to read:
241     1008.22  Student assessment program for public schools.--
242     (9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--Any student who
243enters a Florida public school at the eleventh grade or the
244twelfth grade or any student who has exhausted all of his or her
245attempts to pass the grade 10 FCAT and The Commissioner of
246Education shall determine the comparable validity of other
247available standardized tests, including the SAT, ACT, College
248Placement Test, PSAT, PLAN, and tests used for entry into the
249military. If such tests are deemed to be valid and reliable
250measures, the commissioner shall approve the use of such tests
251as alternate assessments to the grade 10 FCAT for the 2002-2003
252school year. Students who attains attain scores on the SAT or
253the ACT that are concordant with equate to the passing scores on
254the grade 10 FCAT for purposes of high school graduation on any
255of the approved alternative assessments shall satisfy the
256assessment requirement for a standard high school diploma as
257provided in s. 1003.429(6)(a) or s. 1003.43(5)(a) for the 2002-
2582003 school year graduating class. Prior to the application of
259these alternative assessments in subsequent school years, the
260Legislature shall review the continued use of these alternative
261tests.
262     Section 5.  Subsection (1) of section 1013.735, Florida
263Statutes, is amended to read:
264     1013.735  Classrooms for Kids Program.--
265     (1)  ALLOCATION.--The department shall allocate funds
266appropriated for the Classrooms for Kids Program. It is the
267intent of the Legislature that this program be administered as
268nearly as practicable in the same manner as the capital outlay
269program authorized under s. 9(a), Art. XII of the State
270Constitution. Each district school board's share of the annual
271appropriation for the Classrooms for Kids Program must be
272calculated according to the following formula:
273     (a)  Twenty-five percent of the appropriation shall be
274prorated to the districts based on each district's percentage of
275K-12 base capital outlay full-time equivalent membership, and 65
276percent shall be based on each district's percentage of K-12
277growth capital outlay full-time equivalent membership as
278specified for the allocation of funds from the Public Education
279Capital Outlay and Debt Service Trust Fund by s. 1013.64(3).
280     (b)  Ten percent of the appropriation must be allocated
281among district school boards according to the allocation formula
282in s. 1013.64(1)(a), excluding adult vocational technical
283facilities.
284     Section 6.  This act shall take effect July 1, 2004.
285
286================ T I T L E  A M E N D M E N T =============
287     Remove the entire title and insert:
288
A bill to be entitled
289An act relating to class size reduction; amending s.
2901003.03, F.S.; revising provisions relating to
291determination of class size averages; providing for
292reversal of class size reduction operating categorical
293transfers under certain circumstances; amending s.
2941003.429, F.S.; revising course requirements in the
295college preparatory accelerated high school graduation
296program; revising course requirements in the career
297preparatory accelerated high school graduation program;
298providing students already participating in an accelerated
299graduation program the right to continue in the current
300program; establishing requirements for selection of
301accelerated graduation options; requiring districts to
302establish a policy for extending the deadline for certain
303students to choose an accelerated graduation option;
304authorizing use of alternate assessments; revising
305requirements for grades that must be earned to participate
306in the accelerated graduation program; requiring schools
307to provide specific notices to students and parents if, at
308the end of the grade 10, the student is not on track to
309graduate; specifying certain situations in which a student
310shall be moved from a 3-year to a 4-year graduation
311program; amending s. 1003.43, F.S., relating to general
312requirements for high school graduation; authorizing use
313of alternate assessments; amending s. 1008.22, F.S.;
314authorizing the SAT and the ACT as alternate assessments
315for the grade 10 FCAT for students entering a Florida
316public school in grade 11 or grade 12 and for students who
317have exhausted all attempts to pass the grade 10 FCAT;
318deleting obsolete language; amending s. 1013.735, F.S.;
319modifying the formula for the allocation of funds from the
320Classrooms for Kids appropriation; providing an effective
321date.


CODING: Words stricken are deletions; words underlined are additions.