Amendment
Bill No. 0364
Amendment No. 510371
CHAMBER ACTION
Senate House
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1Representative Pickens offered the following:
2
3     Amendment (with title amendment)
4     Remove the entire body and insert:
5     Section 1.  Section 1003.429, Florida Statutes, is amended
6to read:
7     1003.429  Accelerated high school graduation options.--
8     (1)  Students who enter grade 9 in the 2004-2005 school
9year Beginning with the 2003-2004 school year, all students
10scheduled to graduate in 2004 and thereafter may select one of
11the following three high school graduation options:
12     (a)  Completion of the general requirements for high school
13graduation pursuant to s. 1003.43;
14     (b)  Completion of a 3-year standard college preparatory
15program requiring successful completion of a minimum of 18
16academic credits in grades 9 through 12. At least 6 of the 18
17credits required for completion of this program must be received
18in classes that are honors, dual enrollment, advanced placement,
19International Baccalaureate, Advanced International Certificate
20of Education, specifically listed or identified by the
21Department of Education as rigorous pursuant to s. 1009.531(3),
22or weighted by the district school board for class ranking
23purposes. The 18 credits required for completion of this program
24shall be primary requirements and shall be distributed as
25follows:
26     1.  Four credits in English, with major concentration in
27composition and literature;
28     2.  Three credits in mathematics at the Algebra I level or
29higher from the list of courses that qualify for state
30university admission;
31     3.  Three credits in natural science, two of which must
32have a laboratory component;
33     4.  Three credits in social sciences, which must include
34one credit in American history, one credit in world history,
35one-half credit in American government, and one-half credit in
36economics;
37     5.  Two credits in the same second language unless the
38student is a native speaker of or can otherwise demonstrate
39competency in a language other than English. If the student
40demonstrates competency in another language, the student may
41replace the language requirement with two credits in other
42academic courses; and
43     6.  Three credits in electives; or
44     (c)  Completion of a 3-year career preparatory program
45requiring successful completion of a minimum of 18 academic
46credits in grades 9 through 12. The 18 credits shall be primary
47requirements and shall be distributed as follows:
48     1.  Four credits in English, with major concentration in
49composition and literature;
50     2.  Three credits in mathematics, one of which must be
51Algebra I;
52     3.  Three credits in natural science, two of which must
53have a laboratory component;
54     4.  Three credits in social sciences, which must include
55one credit in American history, one credit in world history,
56one-half credit in American government, and one-half credit in
57economics;
58     5.  Three Two credits in a single vocational or career
59education program, three credits in career and technical
60certificate dual enrollment courses, or five credits in
61vocational or career education courses the same second language
62unless the student is a native speaker of or can otherwise
63demonstrate competency in a language other than English. If the
64student demonstrates competency in another language, the student
65may replace the language requirement with two credits in other
66academic courses; and
67     6.  Two Three credits in electives unless five credits are
68earned pursuant to subparagraph 5.
69
70Any student who selected an accelerated graduation program
71before July 1, 2004, may continue that program, and all
72statutory program requirements that were applicable when the
73student made the program choice shall remain applicable to the
74student as long as the student continues that program.
75     (2)  Prior to selecting a program described in paragraph
76(1)(b) or paragraph (1)(c), the following requirements must be
77met:
78     (a)  Designated school personnel shall meet with the
79student and student's parent to give an explanation of the
80relative requirements, advantages, and disadvantages of each
81graduation option.
82     (b)  The student shall submit to the high school principal
83and guidance counselor a signed parental consent to enter the 3-
84year accelerated graduation program.
85     (c)  The student shall have achieved at least an FCAT
86reading achievement level of 3, an FCAT mathematics achievement
87level of 3, and an FCAT Writing score of 3 on the most recent
88assessments taken by the student.
89     (3)(2)  Beginning with the 2004-2005 2003-2004 school year,
90each district school board shall provide each student in grades
916 through 9 12 and their parents with information concerning the
923-year and 4-year high school graduation options listed in
93subsection (1), including the respective curriculum requirements
94for those options, so that with curriculum for the students and
95their parents may to select the postsecondary education or
96career plan that best fits their needs. The information options
97shall include a timeframe for achieving each graduation option.
98     (4)(3)  Selection of one of the graduation options listed
99in subsection (1) must be completed by the student prior to the
100end of grade 9 and is exclusively up to the student and parent,
101subject to the requirements in subsection (2). Each district
102school board shall establish policies for extending this
103deadline to the end of a student's first semester of grade 10
104for a student who entered a Florida public school after grade 9
105upon transfer from a private school or another state or who was
106prevented from choosing a graduation option due to illness
107during grade 9. If the student and parent fail to select a
108graduation option, the student shall be considered to have
109selected the general requirements for high school graduation
110pursuant to paragraph (1)(a).
111     (5)(4)  District school boards shall not establish
112requirements for accelerated 3-year high school graduation
113options in excess of the requirements in paragraphs (1)(b) and
114(c).
115     (6)(5)  Students pursuing accelerated 3-year high school
116graduation options pursuant to paragraph (1)(b) or paragraph
117(1)(c) are required to:
118     (a)  Earn passing scores on the FCAT as defined in s.
1191008.22(3)(c) or scores on a standardized test that are
120concordant with passing scores on the FCAT as defined in s.
1211008.22(9).
122     (b)1.  Achieve a cumulative weighted grade point average of
1233.0 2.0 on a 4.0 scale, or its equivalent, in the courses
124required for the college preparatory by the chosen accelerated
1253-year high school graduation option pursuant to paragraph
126(1)(b); or
127     2.  Achieve a cumulative weighted grade point average of
1283.0 on a 4.0 scale, or its equivalent, in the courses required
129for the career preparatory accelerated 3-year high school
130graduation option pursuant to paragraph (1)(c).
131     (c)  Receive a weighted or unweighted grade that earns at
132least 3.0 points, or its equivalent, to earn course credit
133toward the 18 credits required for the college preparatory
134accelerated 3-year high school graduation option pursuant to
135paragraph (1)(b).
136     (d)  Receive a weighted or unweighted grade that earns at
137least 2.0 points, or its equivalent, to earn course credit
138toward the 18 credits required for the career preparatory
139accelerated 3-year high school graduation option pursuant to
140paragraph (1)(c).
141
142Weighted grades referred to in paragraphs (b), (c), and (d)
143shall be applied to those courses specifically listed or
144identified by the department as rigorous pursuant to s.
1451009.531(3) or weighted by the district school board for class
146ranking purposes.
147     (7)  If, at the end of grade 10, a student is not on track
148to meet the credit, assessment, or grade-point-average
149requirements of the accelerated graduation option selected, the
150school shall notify the student and parent of the following:
151     (a)  The requirements that the student is not currently
152meeting.
153     (b)  The specific performance necessary in grade 11 for the
154student to meet the accelerated graduation requirements.
155     (c)  The right of the student to change to the 4-year
156program set forth in s. 1003.43.
157     (8)  A student who selected one of the accelerated 3-year
158graduation options shall automatically move to the 4-year
159program set forth in s. 1003.43 if the student:
160     (a)  Exercises his or her right to change to the 4-year
161program;
162     (b)  Fails to earn 5 credits by the end of grade 9 or fails
163to earn 11 credits by the end of grade 10;
164     (c)  Does not achieve a score of 3 or higher on the grade
16510 FCAT Writing assessment; or
166     (d)  By the end of grade 11 does not meet the requirements
167of subsections (1) and (6).
168     (9)(6)  A student who meets all requirements prescribed in
169subsections (1) and (6)(5) shall be awarded a standard diploma
170in a form prescribed by the State Board of Education.
171     Section 2.  Paragraph (a) of subsection (5) of section
1721003.43, Florida Statutes, is amended to read:
173     1003.43  General requirements for high school graduation.--
174     (5)  Each district school board shall establish standards
175for graduation from its schools, and these standards must
176include:
177     (a)  Earning passing scores on the FCAT, as defined in s.
1781008.22(3)(c) or scores on a standardized test that are
179concordant with passing scores on the FCAT as defined in s.
1801008.22(9).
181
182The standards required in this subsection, and any subsequent
183modifications, shall be reprinted in the Florida Administrative
184Code even though not defined as "rules."
185     Section 3.  Subsection (9) of section 1008.22, Florida
186Statutes, is amended to read:
187     1008.22  Student assessment program for public schools.--
188     (9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--
189     (a)  The Commissioner of Education shall determine the
190comparable validity of other available standardized tests,
191including the SAT, ACT, College Placement Test, PSAT, PLAN, and
192tests used for entry into the military. If such tests are deemed
193to be valid and reliable measures, the commissioner shall
194approve the use of the SAT and ACT such tests as alternative
195alternate assessments to the grade 10 FCAT for the 2003-2004
1962002-2003 school year. Students who attain scores on the SAT or
197ACT which that equate to the passing scores on the grade 10 FCAT
198for purposes of high school graduation on any of the approved
199alternative assessments shall satisfy the assessment requirement
200for a standard high school diploma as provided in s.
2011003.429(6)(a) or s. 1003.43(5)(a) for the 2003-2004 2002-2003
202school year graduating class if the students meet the
203requirement in paragraph (b). Prior to the application of these
204alternative assessments in subsequent school years, the
205Legislature shall review the continued use of these alternative
206tests.
207     (b)  A student shall be required to take the grade 10 FCAT
208a total of three times without earning a passing score in order
209to use the scores on an alternative assessment pursuant to
210paragraph (a). This requirement shall not apply to a student who
211is a new student to the public school system in grade 12.
212     Section 4.  Subsection (1) of section 1013.735, Florida
213Statutes, is amended to read:
214     1013.735  Classrooms for Kids Program.--
215     (1)  ALLOCATION.--The department shall allocate funds
216appropriated for the Classrooms for Kids Program. It is the
217intent of the Legislature that this program be administered as
218nearly as practicable in the same manner as the capital outlay
219program authorized under s. 9(a), Art. XII of the State
220Constitution. Each district school board's share of the annual
221appropriation for the Classrooms for Kids Program must be
222calculated according to the following formula:
223     (a)  Twenty-five percent of the appropriation shall be
224prorated to the districts based on each district's percentage of
225K-12 base capital outlay full-time equivalent membership, and 65
226percent shall be based on each district's percentage of K-12
227growth capital outlay full-time equivalent membership as
228specified for the allocation of funds from the Public Education
229Capital Outlay and Debt Service Trust Fund by s. 1013.64(3).
230     (b)  Ten percent of the appropriation must be allocated
231among district school boards according to the allocation formula
232in s. 1013.64(1)(a), excluding adult vocational technical
233facilities.
234     Section 5.  Subsections (11) through (22) of section
2351002.20, Florida Statutes, are renumbered as subsections (12)
236through (23), respectively, and a new subsection (11) is added
237to said section to read:
238     1002.20  K-12 student and parent rights.--Parents of public
239school students must receive accurate and timely information
240regarding their child's academic progress and must be informed
241of ways they can help their child to succeed in school. K-12
242students and their parents are afforded numerous statutory
243rights including, but not limited to, the following:
244     (11)  STUDENTS WITH READING DEFICIENCIES.--Each elementary
245school shall regularly assess the reading ability of each K-3
246student. The parent of any K-3 student who exhibits a reading
247deficiency shall be immediately notified of the student's
248deficiency with a description and explanation, in terms
249understandable to the parent, of the exact nature of the
250student's difficulty in learning and lack of achievement in
251reading; shall be consulted in the development of a detailed
252academic improvement plan, as described in s. 1008.25(4)(b); and
253shall be informed that the student will be given intensive
254reading instruction until the deficiency is corrected. This
255subsection operates in addition to the remediation and
256notification provisions contained in s. 1008.25 and in no way
257reduces the rights of a parent or the responsibilities of a
258school district under that section.
259     Section 6.  Subsection (5) and paragraph (b) of subsection
260(6) of section 1008.25, Florida Statutes, are amended,
261subsections (7), (8), and (9) are renumbered as subsections (8),
262(9), and (10), respectively, and a new subsection (7) is added
263to said section, to read:
264     1008.25  Public school student progression; remedial
265instruction; reporting requirements.--
266     (5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--
267     (a)  It is the ultimate goal of the Legislature that every
268student read at or above grade level. Any student who exhibits a
269substantial deficiency in reading, based upon locally determined
270or statewide assessments conducted in kindergarten or grade 1,
271grade 2, or grade 3, or through teacher observations, must be
272given intensive reading instruction immediately following the
273identification of the reading deficiency. The student's reading
274proficiency must be reassessed by locally determined assessments
275or through teacher observations at the beginning of the grade
276following the intensive reading instruction. The student must
277continue to be provided with intensive reading instruction until
278the reading deficiency is remedied.
279     (b)  Beginning with the 2002-2003 school year, if the
280student's reading deficiency, as identified in paragraph (a), is
281not remedied by the end of grade 3, as demonstrated by scoring
282at Level 2 or higher on the statewide assessment test in reading
283for grade 3, the student must be retained.
284     (c)  Beginning with the 2002-2003 school year, The parent
285of any student who exhibits a substantial deficiency in reading,
286as described in paragraph (a), must be notified in writing of
287the following:
288     1.  That his or her child has been identified as having a
289substantial deficiency in reading.
290     2.  A description of the current services that are provided
291to the child.
292     3.  A description of the proposed supplemental
293instructional services and supports that will be provided to the
294child that are designed to remediate the identified area of
295reading deficiency.
296     4.  That if the child's reading deficiency is not
297remediated by the end of grade 3, the child must be retained
298unless he or she is exempt from mandatory retention for good
299cause.
300     5.  Strategies for parents to use in helping their child
301succeed in reading proficiency.
302     6.  That the Florida Comprehensive Assessment Test (FCAT)
303is not the sole determiner of promotion and that additional
304evaluations, portfolio reviews, and assessments are available to
305the child to assist parents and the school district in knowing
306when a child is reading at or above grade level and ready for
307grade promotion.
308     7.  The district's specific criteria and policies for mid-
309year promotion. Mid-year promotion means promotion of a retained
310student at any time during the year of retention once the
311student has demonstrated ability to read at grade level.
312     (6)  ELIMINATION OF SOCIAL PROMOTION.--
313     (b)  The district school board may only exempt students
314from mandatory retention, as provided in paragraph (5)(b), for
315good cause. Good cause exemptions shall be limited to the
316following:
317     1.  Limited English proficient students who have had less
318than 2 years of instruction in an English for Speakers of Other
319Languages program.
320     2.  Students with disabilities whose individual education
321plan indicates that participation in the statewide assessment
322program is not appropriate, consistent with the requirements of
323State Board of Education rule.
324     3.  Students who demonstrate an acceptable level of
325performance on an alternative standardized reading assessment
326approved by the State Board of Education.
327     4.  Students who demonstrate, through a student portfolio,
328that the student is reading on grade level as evidenced by
329demonstration of mastery of the Sunshine State Standards in
330reading equal to at least a Level 2 performance on the FCAT.
331     5.  Students with disabilities who participate in the FCAT
332and who have an individual education plan or a Section 504 plan
333that reflects that the student has received the intensive
334remediation in reading, as required by paragraph (4)(b), for
335more than 2 years but still demonstrates a deficiency in reading
336and was previously retained in kindergarten, grade 1, or grade
3372, or grade 3.
338     6.  Students who have received the intensive remediation in
339reading as required by paragraph (4)(b) for 2 or more years but
340still demonstrate a deficiency in reading and who were
341previously retained in kindergarten, grade 1, or grade 2, or
342grade 3 for a total of 2 years. Intensive reading instruction
343for students so promoted must include an altered instructional
344day based upon an academic improvement plan that includes
345specialized diagnostic information and specific reading
346strategies for each student. The district school board shall
347assist schools and teachers to implement reading strategies that
348research has shown to be successful in improving reading among
349low performing readers.
350     (7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
351     (a)  Students retained under the provisions of paragraph
352(5)(b) must be provided intensive interventions in reading to
353ameliorate the student's specific reading deficiency, as
354identified by a valid and reliable diagnostic assessment. This
355intensive intervention must include effective instructional
356strategies, participation in the school district's summer
357reading camp, and appropriate teaching methodologies necessary
358to assist those students in becoming successful readers, able to
359read at or above grade level, and ready for promotion to the
360next grade.  
361     (b)  Beginning with the 2004-2005 school year, each school
362district shall:
363     1.  Conduct a review of student academic improvement plans
364for all students who did not score above Level 1 on the reading
365portion of the FCAT and did not meet the criteria for one of the
366good cause exemptions in paragraph (6)(b). The review shall
367address additional supports and services, as described in this
368subsection, needed to remediate the identified areas of reading
369deficiency. The school district shall require a student
370portfolio to be completed for each such student.
371     2.  Provide students who are retained under the provisions
372of paragraph (5)(b) with intensive instructional services and
373supports to remediate the identified areas of reading
374deficiency, including a minimum of 90 minutes of daily,
375uninterrupted, scientifically research-based reading instruction
376and other strategies prescribed by the school district, which
377may include, but are not limited to:
378     a.  Small group instruction.
379     b.  Reduced teacher-student ratios.
380     c.  More frequent progress monitoring.
381     d.  Tutoring or mentoring.
382     e.  Transition classes containing 3rd and 4th grade
383students.
384     f.  Extended school day, week, or year.
385     g.  Summer reading camps.
386     3.  Provide written notification to the parent of any
387student who is retained under the provisions of paragraph (5)(b)
388that his or her child has not met the proficiency level required
389for promotion and the reasons the child is not eligible for a
390good cause exemption as provided in paragraph (6)(b). The
391notification must comply with the provisions of s. 1002.20(14)
392and must include a description of proposed interventions and
393supports that will be provided to the child to remediate the
394identified areas of reading deficiency.
395     4.  Implement a policy for the mid-year promotion of any
396student retained under the provisions of paragraph (5)(b) who
397can demonstrate that he or she is a successful and independent
398reader, reading at or above grade level, and ready to be
399promoted to grade 4. Tools that school districts may use in
400reevaluating any student retained may include subsequent
401assessments, alternative assessments, and portfolio reviews, in
402accordance with rules of the State Board of Education. Students
403promoted during the school year after November 1 must
404demonstrate proficiency above that required to score at Level 2
405on the grade 3 FCAT, as determined by the State Board of
406Education. The State Board of Education shall adopt standards
407that provide a reasonable expectation that the student's
408progress is sufficient to master appropriate 4th grade level
409reading skills.
410     5.  Provide students who are retained under the provisions
411of paragraph (5)(b) with a high-performing teacher as determined
412by student performance data and above-satisfactory performance
413appraisals.
414     6.  In addition to required reading enhancement and
415acceleration strategies, provide parents of students to be
416retained with at least one of the following instructional
417options:
418     a.  Supplemental tutoring in scientifically research-based
419reading services in addition to the regular reading block,
420including tutoring before and/or after school.
421     b.  A "Read at Home" plan outlined in a parental contract,
422including participation in "Families Building Better Readers
423Workshops" and regular parent-guided home reading.
424     c.  A mentor or tutor with specialized reading training.
425     7.  Establish a Reading Enhancement and Acceleration
426Development (READ) Initiative. The focus of the READ Initiative
427shall be to prevent the retention of grade 3 students and to
428offer intensive accelerated reading instruction to grade 3
429students who failed to meet standards for promotion to grade 4
430and to each K-3 student who is assessed as exhibiting a reading
431deficiency. The READ Initiative shall:
432     a.  Be provided to all K-3 students at risk of retention as
433identified by the statewide assessment system used in Reading
434First schools. The assessment must measure phonemic awareness,
435phonics, fluency, vocabulary, and comprehension.
436     b.  Be provided during regular school hours in addition to
437the regular reading instruction.
438     c.  Provide a state-identified reading curriculum that has
439been reviewed by the Florida Center for Reading Research at
440Florida State University and meets, at a minimum, the following
441specifications:
442     (I)  Assists students assessed as exhibiting a reading
443deficiency in developing the ability to read at grade level.
444     (II)  Provides skill development in phonemic awareness,
445phonics, fluency, vocabulary, and comprehension.
446     (III)  Provides scientifically based and reliable
447assessment.
448     (IV)  Provides initial and ongoing analysis of each
449student's reading progress.
450     (V)  Is implemented during regular school hours.
451     (VI)  Provides a curriculum in core academic subjects to
452assist the student in maintaining or meeting proficiency levels
453for the appropriate grade in all academic subjects.
454     8.  Establish at each school, where applicable, an
455Intensive Acceleration Class for retained grade 3 students who
456subsequently score at Level 1 on the reading portion of the
457FCAT. The focus of the Intensive Acceleration Class shall be to
458increase a child's reading level at least two grade levels in
459one school year. The Intensive Acceleration Class shall:
460     a.  Be provided to any student in grade 3 who scores at
461Level 1 on the reading portion of the FCAT and who was retained
462in grade 3 the prior year because of scoring at Level 1 on the
463reading portion of the FCAT.
464     b.  Have a reduced teacher-student ratio.
465     c.  Provide uninterrupted reading instruction for the
466majority of student contact time each day and incorporate
467opportunities to master the grade 4 Sunshine State Standards in
468other core subject areas.
469     d.  Use a reading program that is scientifically research-
470based and has proven results in accelerating student reading
471achievement within the same school year.
472     e.  Provide intensive language and vocabulary instruction
473using a scientifically research-based program, including use of
474a speech language therapist.
475     f.  Include weekly progress monitoring measures to ensure
476progress is being made.
477     g.  Report to the Department of Education, in the manner
478described by the department, the progress of students in the
479class at the end of the first semester.
480     9.  Report to the State Board of Education, as requested,
481on the specific intensive reading interventions and supports
482implemented at the school district level. The Commissioner of
483Education shall annually prescribe the required components of
484requested reports.
485     10.  Provide a student who has been retained in grade 3 and
486has received intensive instructional services but is still not
487ready for grade promotion, as determined by the school district,
488the option of being placed in a transitional instructional
489setting. Such setting shall specifically be designed to produce
490learning gains sufficient to meet grade 4 performance standards
491while continuing to remediate the areas of reading deficiency.
492     Section 7.  This act shall take effect upon becoming a law.
493
494================= T I T L E  A M E N D M E N T =================
495     Remove the entire title and insert:
496
A bill to be entitled
497An act relating to public K-12 educational instruction;
498amending s. 1003.429, F.S.; revising course requirements
499in the college preparatory accelerated high school
500graduation program; revising course requirements in the
501career preparatory accelerated high school graduation
502program; providing students already participating in an
503accelerated graduation program the right to continue in
504the current program; establishing requirements for
505selection of accelerated graduation options; requiring
506districts to establish a policy for extending the deadline
507for certain students to choose an accelerated graduation
508option; authorizing use of alternate assessments; revising
509requirements for grades that must be earned to participate
510in the accelerated graduation program; requiring schools
511to provide specific notices to students and parents if, at
512the end of the grade 10, the student is not on track to
513graduate; specifying certain situations in which a student
514shall be moved from a 3-year to a 4-year graduation
515program; amending s. 1003.43, F.S., relating to general
516requirements for high school graduation; authorizing use
517of alternate assessments; amending s. 1008.22, F.S.;
518authorizing the SAT and the ACT as alternative assessments
519to the grade 10 FCAT required for high school graduation
520if students have attempted to pass the grade 10 FCAT at
521least 3 times; deleting obsolete language; amending s.
5221013.735, F.S.; modifying the formula for the allocation
523of funds from the Classrooms for Kids appropriation;
524amending s. 1002.20, F.S.; providing certain rights to
525parents of students with reading deficiencies; requiring
526that parents receive understandable information and are
527consulted regarding a child's academic progress; amending
528s. 1008.25, F.S.; removing an obsolete date; providing
529notification of additional information to parents of
530students who exhibit a substantial reading deficiency;
531revising certain good cause exemptions from mandatory
532retention; requiring school districts to provide certain
533reading interventions to students who have been retained;
534providing school district requirements relating to
535remediation of student reading deficiencies, parental
536notification, implementation of a mid-year promotion
537policy, provision of instructional options for students,
538establishment of a Reading Enhancement and Acceleration
539Development (READ) Initiative and an Intensive
540Acceleration Class, and reporting; providing an effective
541date.


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