ENROLLED

2008 LegislatureCS for SB 1908, 1st Engrossed

20081908er

1

2

An act relating to education; amending s. 1003.41, F.S.;

3

requiring that the State Board of Education replace the

4

Sunshine State Standards with the Next Generation Sunshine

5

State Standards; providing requirements for the content

6

and organization of the standards; requiring that the

7

standards establish core curricular content in specified

8

areas for certain grades or grade clusters; requiring that

9

the state board establish schedules for the adoption and

10

revision of the Next Generation Sunshine State Standards;

11

requiring that the state board adopt the standards by a

12

specified date; requiring the Commissioner of Education to

13

provide proposed Next Generation Sunshine State Standards

14

or proposed revisions of such standards to the state

15

board; providing requirements for the commissioner's

16

development of the proposed standards or revisions;

17

requiring consultation with certain experts; requiring

18

distribution of a proposal developed by the commissioner

19

for review and comment by certain experts; requiring a

20

written evaluation of the proposal developed by the

21

commissioner by certain experts; requiring provision of

22

the commissioner's proposed standards and the written

23

evaluation and comments to the Governor, the President of

24

the Senate, and the Speaker of the House of

25

Representatives; authorizing rulemaking by the State Board

26

of Education; amending s. 220.187, F.S.; revising

27

requirements for the selection of norm-referenced tests

28

administered by private schools for purposes of the

29

Corporate Income Tax Credit Scholarship Program; amending

30

s. 1000.21, F.S.; providing and revising definitions;

31

providing for application of the Sunshine State Standards

32

pending adoption of the Next Generation Sunshine State

33

Standards; amending s. 1001.03, F.S.; requiring the State

34

Board of Education to periodically review and revise state

35

curriculum standards; eliminating provisions requiring

36

that the state board report proposed revisions to the

37

Governor and the Legislature; amending s. 1001.452, F.S.;

38

revising provisions relating to membership of school

39

advisory councils; amending s. 1003.413, F.S.; requiring

40

policies of each district school board to address an

41

annual review of student education plans; amending s.

42

1003.428, F.S.; revising courses that are acceptable for

43

high school graduation; conforming provisions and a cross-

44

reference; creating s. 1003.4285, F.S.; providing for high

45

school diploma designations; amending ss. 1003.429,

46

1003.43, and 1003.433, F.S.; conforming provisions and

47

cross-references; amending s. 1003.63, F.S.; revising the

48

type of assessment tests reported to the Governor and the

49

Legislature relating to the deregulated public schools

50

pilot program; amending s. 1004.85, F.S.; conforming

51

cross-references; amending s. 1004.91, F.S.; providing an

52

exemption relating to career-preparatory instruction;

53

amending s. 1004.99, F.S.; providing designations of

54

Florida Ready to Work credentials; amending s. 1007.21,

55

F.S., relating to postsecondary placement tests for high

56

school students; authorizing the common placement test to

57

be administered to high school students meeting certain

58

criteria; amending s. 1007.235, F.S.; requiring district

59

interinstitutional articulation agreements to include

60

responsibility for assignment of grades for dual

61

enrollment courses; amending s. 1008.22, F.S.; revising

62

provisions governing application of testing requirements

63

for high school graduation; providing criteria concerning

64

the testing and scores required for a continuously

65

enrolled student to earn a standard high school diploma;

66

authorizing the commissioner to administer end-of-course

67

assessments; providing requirements for comprehensive

68

assessments and end-of-course assessments; authorizing the

69

commissioner to select a nationally developed

70

comprehensive examination for use as an end-of-course

71

assessment; revising the design of the testing program;

72

authorizing the commissioner to collaborate with the

73

American Diploma Project to develop end-of-course

74

assessments; deleting requirements for norm-referenced

75

tests; revising assessments of writing; requiring the

76

commissioner to establish schedules for the administration

77

of statewide assessments and the reporting of student test

78

results; providing requirements for the testing and

79

reporting schedules; requiring district school boards to

80

prohibit public schools from suspending a program of

81

curricula for the administration of practice tests or

82

certain test-preparation activities; authorizing a

83

district school board to permit a school to engage in

84

certain test-preparation activities; requiring public

85

schools to comply with statewide assessment and reporting

86

schedules; revising the applicability of testing standards

87

under certain conditions; establishing requirements for

88

calculating student scores on revised statewide

89

assessments; authorizing the commissioner to discontinue

90

administration of an outdated assessment under certain

91

circumstances; requiring the state board to adopt rules

92

establishing passing scores on revised assessments

93

required for a standard high school diploma; clarifying

94

determination of concordant scores for the FCAT; revising

95

the requirements contained in the annual report by the

96

department to the Governor and the Legislature; amending

97

s. 1008.30, F.S.; revising provisions relating to

98

administration and use of the results of the common

99

placement test; requiring the State Board of Education to

100

adopt rules requiring high school evaluation of student

101

college readiness and establishing minimum test scores for

102

such readiness; authorizing the purchase or development of

103

assessments; providing for remedial instruction; amending

104

s. 1008.31, F.S.; declaring the legislative intent that

105

the K-20 education system comply with the Individuals with

106

Disabilities Education Act; amending s. 1008.34, F.S.;

107

revising the exceptions for a school to receive a school

108

grade; providing for a revised high school grading system

109

beginning with the 2009-2010 school year which includes

110

the statewide standardized assessment, graduation rates,

111

performance and participation in certain courses,

112

postsecondary readiness as measured by certain

113

examinations, and the change in these factors from year to

114

year; specifying the data components to be used in

115

determining the revised high school grading system;

116

requiring that the criteria for school grades give added

117

weight to the graduation rate of all eligible at-risk

118

students; revising the student assessment data used in

119

determining school grades; requiring a school district

120

that fails to assign FCAT scores to students' schools to

121

forfeit Florida School Recognition Program funds for a

122

specified time; requiring the collaboration between a home

123

school and alternative school to be between the principals

124

of each school in order to promote student success;

125

authorizing the state board to adopt rules; amending s.

126

1008.341, F.S.; revising provisions for a school

127

improvement rating for an alternative school; authorizing

128

the state board to adopt rules; amending s. 1008.345,

129

F.S.; conforming provisions; amending s. 1008.36, F.S.;

130

revising criteria for financial awards under the Florida

131

School Recognition Program; amending s. 1012.56, F.S.;

132

requiring teacher certification examinations to be aligned

133

to the Next Generation Sunshine State Standards; revising

134

provisions relating to the means for demonstrating mastery

135

of subject area knowledge; specifying world languages for

136

which subject area examinations may be required by State

137

Board of Education rule; authorizing degree completion and

138

attainment of foreign language proficiency on specified

139

national tests; amending ss. 1012.57 and 1012.586, F.S.;

140

conforming cross-reference; amending s. 1012.71, F.S.,

141

relating to the Florida Teachers Lead Program; revising

142

requirements for use of program funds by classroom

143

teachers; providing for disbursement of funds to school

144

districts; specifying means for providing a classroom

145

teacher with his or her proportionate share of program

146

funds and providing that funds received are not subject to

147

collective bargaining; providing for retroactive effect;

148

providing requirements for accounting of expenditures;

149

amending s. 1013.12, F.S.; requiring that a school

150

cafeteria post certain information concerning its

151

sanitation certificate and inspection; providing effective

152

dates.

153

154

Be It Enacted by the Legislature of the State of Florida:

155

156

     Section 1.  Section 1003.41, Florida Statutes, is amended to

157

read:

158

     1003.41  Sunshine State Standards.--

159

     (1) Public K-12 educational instruction in Florida is based

160

on the "Sunshine State Standards." The State Board of Education

161

shall review the Sunshine State Standards and replace them with

162

the Next Generation Sunshine State Standards that establish the

163

core content of the curricula to be taught in this state and that

164

specify the core content knowledge and skills that K-12 public

165

school students are expected to acquire. The Next Generation

166

Sunshine State Standards must, at a minimum:

167

     (a) Establish the core curricular content for language

168

arts, science, mathematics, and social studies, as follows:

169

     1. Language arts standards must establish specific

170

curricular content for, at a minimum, the reading process,

171

literary analysis, the writing process, writing applications,

172

communication, and information and media literacy. The standards

173

must include distinct grade-level expectations for the core

174

content knowledge and skills that a student is expected to have

175

acquired by each individual grade level from kindergarten through

176

grade 8. The language arts standards for grades 9 through 12 may

177

be organized by grade clusters of more than one grade level. The

178

language arts standards must also identify significant literary

179

genres and authors that encompass a comprehensive range of

180

historical periods. The State Board of Education shall, in

181

accordance with the expedited schedule established under

182

subsection (2), review and replace the language arts standards

183

adopted by the state board in 2007 with Next Generation Sunshine

184

State Standards that comply with this subparagraph.

185

     2. Science standards must establish specific curricular

186

content for, at a minimum, the nature of science, earth and space

187

science, physical science, and life science. The standards must

188

include distinct grade-level expectations for the core content

189

knowledge and skills that a student is expected to have acquired

190

by each individual grade level from kindergarten through grade 8.

191

The science standards for grades 9 through 12 may be organized by

192

grade clusters of more than one grade level.

193

     3. Mathematics standards must establish specific curricular

194

content for, at a minimum, algebra, geometry, probability,

195

statistics, calculus, discrete mathematics, financial literacy,

196

and trigonometry. The standards must include distinct grade-level

197

expectations for the core content knowledge and skills that a

198

student is expected to have acquired by each individual grade

199

level from kindergarten through grade 8. The mathematics

200

standards for grades 9 through 12 may be organized by grade

201

clusters of more than one grade level.

202

     4. Social studies standards must establish specific

203

curricular content for, at a minimum, geography, United States

204

and world history, government, civics, economics, and humanities.

205

The standards must include distinct grade-level expectations for

206

the core content knowledge and skills that a student is expected

207

to have acquired by each individual grade level from kindergarten

208

through grade 8. The social studies standards for grades 9

209

through 12 may be organized by grade clusters of more than one

210

grade level.

211

     (b) Establish the core curricular content for visual and

212

performing arts, physical education, health, and foreign

213

languages. Standards for these subjects must establish specific

214

curricular content and include distinct grade-level expectations

215

for the core content knowledge and skills that a student is

216

expected to have acquired by each individual grade level from

217

kindergarten through grade 5. The standards for grades 6 through

218

12 may be organized by grade clusters of more than one grade

219

level.

220

     (c) Identify the core curricular content that a student is

221

expected to learn for each subject at each individual grade level

222

in order to acquire the broad background knowledge needed for

223

reading comprehension.

224

     (d) Be rigorous and relevant and provide for the logical,

225

sequential progression of core curricular content that

226

incrementally increases a student's core content knowledge and

227

skills over time.

228

     (e) Integrate critical-thinking and problem-solving skills;

229

communication, reading, and writing skills; mathematics skills;

230

collaboration skills; contextual and applied-learning skills;

231

technology-literacy skills; information and media-literacy

232

skills; and civic-engagement skills.

233

     (f) Be organized according to a uniform structure and

234

format that is consistent for each subject. The Next Generation

235

Sunshine State Standards shall, for each subject and grade level,

236

use the same alphanumeric coding system.

237

     (g) Be aligned to expectations for success in postsecondary

238

education and high-skill, high-wage employment.

239

     (2) By December 31, 2008, the State Board of Education

240

shall establish an expedited schedule for adoption of the Next

241

Generation Sunshine State Standards and shall establish by rule a

242

schedule for the periodic review and revision of the standards.

243

The state board shall adopt the Next Generation Sunshine State

244

Standards for each subject by December 31, 2011.

245

     (3)(a) The Commissioner of Education shall develop and

246

submit to the State Board of Education proposed Next Generation

247

Sunshine State Standards, and periodically submit proposed

248

revisions to the standards, for adoption by the state board

249

according to the schedules established under subsection (2). The

250

commissioner, in developing the proposed standards, shall consult

251

with renowned experts on K-12 curricular standards and content in

252

each subject listed in paragraphs (1)(a) and (b) and shall

253

consider standards that are implemented by other states or

254

nations and regarded as exceptionally rigorous by the curricular

255

and content experts. The commissioner may also consult with

256

curricular and content experts in other subjects.

257

     (b) The commissioner shall submit the proposed standards

258

for review and comment by Florida educators, school

259

administrators, representatives of community colleges and state

260

universities who have expertise in the content knowledge and

261

skills necessary to prepare a student for postsecondary

262

education, and leaders in business and industry. The

263

commissioner, after considering any comments and making any

264

revisions to the proposed standards, shall submit the standards

265

for written evaluation by renowned experts on K-12 curricular

266

standards and content.

267

     (c) The commissioner, upon finalizing the proposed

268

standards, shall submit the standards and evaluations by the

269

curricular and content experts to the Governor, the President of

270

the Senate, and the Speaker of the House of Representatives at

271

least 21 days before the State Board of Education considers

272

adoption of the proposed standards.

273

     (4) The State Board of Education may adopt rules under ss.

274

120.536(1) and 120.54 to administer this section. These standards

275

have been adopted by the State Board of Education and delineate

276

the academic achievement of students, for which the state will

277

hold schools accountable, in grades K-2, 3-5, 6-8, and 9-12 in

278

the subjects of language arts, mathematics, science, social

279

studies, the arts, health and physical education, and foreign

280

languages. They include standards in reading, writing, history,

281

government, geography, economics, and computer literacy.

282

     Section 2.  Paragraph (i) of subsection (9) of section

283

220.187, Florida Statutes, is amended to read:

284

     220.187  Credits for contributions to nonprofit scholarship-

285

funding organizations.--

286

     (9)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department of

287

Education shall:

288

     (i) Maintain a list of In accordance with State Board of

289

Education rule, identify and select the nationally norm-

290

referenced tests identified for purposes of satisfying the

291

testing requirement in subparagraph (8)(c)2. The tests must meet

292

that are comparable to the norm-referenced provisions of the

293

Florida Comprehensive Assessment Test (FCAT) provided that the

294

FCAT may be one of the tests selected. However, the Department of

295

Education may approve the use of an additional assessment by the

296

school if the assessment meets industry standards of quality in

297

accordance with State Board of Education rule and comparability.

298

     Section 3.  Subsection (7) of section 1000.21, Florida

299

Statutes, is amended to read:

300

     1000.21  Systemwide definitions.--As used in the Florida K-

301

20 Education Code:

302

     (7) "Sunshine State Standards" or the "Next Generation

303

Sunshine State Standards" means the state's public K-12

304

curricular are standards adopted under s. 1003.41. The term

305

includes the Sunshine State Standards that are in place for a

306

subject until the standards for that subject are replaced under

307

s. 1003.41 by the Next Generation Sunshine State Standards. that

308

identify what public school students should know and be able to

309

do. These standards delineate the academic achievement of

310

students for which the state will hold its public schools

311

accountable in grades K-2, 3-5, 6-8, and 9-12, in the subjects of

312

language arts, mathematics, science, social studies, the arts,

313

health and physical education, foreign languages, reading,

314

writing, history, government, geography, economics, and computer

315

literacy.

316

     Section 4.  Subsection (1) of section 1001.03, Florida

317

Statutes, is amended to read:

318

     1001.03  Specific powers of State Board of Education.--

319

     (1) PUBLIC K-12 CURRICULAR STUDENT PERFORMANCE

320

STANDARDS.--The State Board of Education shall adopt and

321

periodically review and revise approve the student performance

322

standards known as the Sunshine State Standards in accordance

323

with s. 1003.41 key academic subject areas and grade levels. The

324

state board shall establish a schedule to facilitate the periodic

325

review of the standards to ensure adequate rigor, relevance,

326

logical student progression, and integration of reading, writing,

327

and mathematics across all subject areas. The standards review by

328

subject area must include participation of curriculum leaders in

329

other content areas, including the arts, to ensure valid content

330

area integration and to address the instructional requirements of

331

different learning styles. The process for review and proposed

332

revisions must include leadership and input from the state's

333

classroom teachers, school administrators, and community colleges

334

and universities, and from representatives from business and

335

industry who are identified by local education foundations. A

336

report including proposed revisions must be submitted to the

337

Governor, the President of the Senate, and the Speaker of the

338

House of Representatives annually to coincide with the

339

established review schedule. The review schedule and an annual

340

status report must be submitted to the Governor, the President of

341

the Senate, and the Speaker of the House of Representatives

342

annually not later than January 1.

343

     Section 5.  Paragraph (a) of subsection (1) of section

344

1001.452, Florida Statutes, is amended to read:

345

     1001.452  District and school advisory councils.--

346

     (1)  ESTABLISHMENT.--

347

     (a)  The district school board shall establish an advisory

348

council for each school in the district and shall develop

349

procedures for the election and appointment of advisory council

350

members. Each school advisory council shall include in its name

351

the words "school advisory council." The school advisory council

352

shall be the sole body responsible for final decisionmaking at

353

the school relating to implementation of the provisions of ss.

354

1001.42(16) and 1008.345. A majority of the members of each

355

school advisory council must be persons who are not employed by

356

the school district. Each advisory council shall be composed of

357

the principal and an appropriately balanced number of teachers,

358

education support employees, students, parents, and other

359

business and community citizens who are representative of the

360

ethnic, racial, and economic community served by the school.

361

Career center and high school advisory councils shall include

362

students, and middle and junior high school advisory councils may

363

include students. School advisory councils of career centers and

364

adult education centers are not required to include parents as

365

members. Council members representing teachers, education support

366

employees, students, and parents shall be elected by their

367

respective peer groups at the school in a fair and equitable

368

manner as follows:

369

     1.  Teachers shall be elected by teachers.

370

     2.  Education support employees shall be elected by

371

education support employees.

372

     3.  Students shall be elected by students.

373

     4.  Parents shall be elected by parents.

374

375

The district school board shall establish procedures for use by

376

schools in selecting business and community members that include

377

means of ensuring wide notice of vacancies and of taking input on

378

possible members from local business, chambers of commerce,

379

community and civic organizations and groups, and the public at

380

large. The district school board shall review the membership

381

composition of each advisory council. If the district school

382

board determines that the membership elected by the school is not

383

representative of the ethnic, racial, and economic community

384

served by the school, the district school board shall appoint

385

additional members to achieve proper representation. The

386

commissioner shall determine if schools have maximized their

387

efforts to include on their advisory councils minority persons

388

and persons of lower socioeconomic status. Although schools are

389

strongly encouraged to establish school advisory councils, the

390

district school board of any school district that has a student

391

population of 10,000 or fewer may establish a district advisory

392

council which shall include at least one duly elected teacher

393

from each school in the district. For the purposes of school

394

advisory councils and district advisory councils, the term

395

"teacher" shall include classroom teachers, certified student

396

services personnel, and media specialists. For purposes of this

397

paragraph, "education support employee" means any person employed

398

by a school who is not defined as instructional or administrative

399

personnel pursuant to s. 1012.01 and whose duties require 20 or

400

more hours in each normal working week.

401

     Section 6.  Paragraph (i) of subsection (3) of section

402

1003.413, Florida Statutes, is amended to read:

403

     1003.413  Florida Secondary School Redesign Act.--

404

     (3)  Based on these guiding principles, district school

405

boards shall establish policies to implement the requirements of

406

ss. 1003.4156, 1003.428, and 1003.493. The policies must address:

407

     (i) An annual review of each high school student's

408

electronic personal education plan created pursuant to s.

409

1003.4156 and procedures for high school students who have not

410

prepared an electronic personal education plan pursuant to s.

411

1003.4156 to prepare such plan.

412

     Section 7.  Paragraph (a) of subsection (2), paragraph (b)

413

of subsection (4), and paragraph (a) of subsection (8) of section

414

1003.428, Florida Statutes, are amended to read:

415

     1003.428  General requirements for high school graduation;

416

revised.--

417

     (2)  The 24 credits may be earned through applied,

418

integrated, and combined courses approved by the Department of

419

Education and shall be distributed as follows:

420

     (a)  Sixteen core curriculum credits:

421

     1.  Four credits in English, with major concentration in

422

composition, reading for information, and literature.

423

     2.  Four credits in mathematics, one of which must be

424

Algebra I, a series of courses equivalent to Algebra I, or a

425

higher-level mathematics course. School districts are encouraged

426

to set specific goals to increase enrollments in, and successful

427

completion of, geometry and Algebra II.

428

     3.  Three credits in science, two of which must have a

429

laboratory component.

430

     4.  Three credits in social studies as follows: one credit

431

in American history; one credit in world history; one-half credit

432

in economics; and one-half credit in American government.

433

     5. One credit in fine or performing arts, which may include

434

speech and debate, or a practical arts course that incorporates

435

artistic content and techniques of creativity, interpretation,

436

and imagination. Eligible practical arts courses shall be

437

identified through the Course Code Directory.

438

     6.  One credit in physical education to include integration

439

of health. Participation in an interscholastic sport at the

440

junior varsity or varsity level for two full seasons shall

441

satisfy the one-credit requirement in physical education if the

442

student passes a competency test on personal fitness with a score

443

of "C" or better. The competency test on personal fitness must be

444

developed by the Department of Education. A district school board

445

may not require that the one credit in physical education be

446

taken during the 9th grade year. Completion of one semester with

447

a grade of "C" or better in a marching band class, in a physical

448

activity class that requires participation in marching band

449

activities as an extracurricular activity, or in a dance class

450

shall satisfy one-half credit in physical education or one-half

451

credit in performing arts. This credit may not be used to satisfy

452

the personal fitness requirement or the requirement for adaptive

453

physical education under an individual education plan (IEP) or

454

504 plan. Completion of 2 years in a Reserve Officer Training

455

Corps (R.O.T.C.) class, a significant component of which is

456

drills, shall satisfy the one-credit requirement in physical

457

education and the one-credit requirement in performing arts. This

458

credit may not be used to satisfy the personal fitness

459

requirement or the requirement for adaptive physical education

460

under an individual education plan (IEP) or 504 plan.

461

     (4)  Each district school board shall establish standards

462

for graduation from its schools, which must include:

463

     (b)  Earning passing scores on the FCAT, as defined in s.

464

1008.22(3)(c), or scores on a standardized test that are

465

concordant with passing scores on the FCAT as defined in s.

466

1008.22(10) s. 1008.22(9).

467

468

Each district school board shall adopt policies designed to

469

assist students in meeting the requirements of this subsection.

470

These policies may include, but are not limited to: forgiveness

471

policies, summer school or before or after school attendance,

472

special counseling, volunteers or peer tutors, school-sponsored

473

help sessions, homework hotlines, and study skills classes.

474

Forgiveness policies for required courses shall be limited to

475

replacing a grade of "D" or "F," or the equivalent of a grade of

476

"D" or "F," with a grade of "C" or higher, or the equivalent of a

477

grade of "C" or higher, earned subsequently in the same or

478

comparable course. Forgiveness policies for elective courses

479

shall be limited to replacing a grade of "D" or "F," or the

480

equivalent of a grade of "D" or "F," with a grade of "C" or

481

higher, or the equivalent of a grade of "C" or higher, earned

482

subsequently in another course. The only exception to these

483

forgiveness policies shall be made for a student in the middle

484

grades who takes any high school course for high school credit

485

and earns a grade of "C," "D," or "F" or the equivalent of a

486

grade of "C," "D," or "F." In such case, the district forgiveness

487

policy must allow the replacement of the grade with a grade of

488

"C" or higher, or the equivalent of a grade of "C" or higher,

489

earned subsequently in the same or comparable course. In all

490

cases of grade forgiveness, only the new grade shall be used in

491

the calculation of the student's grade point average. Any course

492

grade not replaced according to a district school board

493

forgiveness policy shall be included in the calculation of the

494

cumulative grade point average required for graduation.

495

     (8)(a)  Each district school board must provide instruction

496

to prepare students with disabilities to demonstrate proficiency

497

in the core content knowledge and skills and competencies

498

necessary for successful grade-to-grade progression and high

499

school graduation.

500

     Section 8.  Section 1003.4285, Florida Statutes, is created

501

to read:

502

     1003.4285 Standard high school diploma designations.--By

503

the 2008-2009 school year, each standard high school diploma

504

shall include, as applicable:

505

     (1) A designation of the student's major area of interest

506

pursuant to the student's completion of credits as provided in s.

507

1003.428.

508

     (2) A designation reflecting completion of four or more

509

accelerated college credit courses if the student is eligible for

510

college credit pursuant to s. 1007.27 or s. 1007.271 in Advanced

511

Placement, International Baccalaureate, Advanced International

512

Certificate of Education, or dual enrollment courses. The

513

Commissioner of Education shall establish guidelines for

514

successful passage of examinations or coursework in each of the

515

accelerated college credit options for purposes of this

516

subsection.

517

     (3) A designation reflecting career education certification

518

in accordance with s. 1003.431.

519

     (4) A designation reflecting a Florida Ready to Work

520

Credential in accordance with s. 1004.99.

521

     Section 9.  Paragraph (a) of subsection (6) of section

522

1003.429, Florida Statutes, is amended to read:

523

     1003.429  Accelerated high school graduation options.--

524

     (6)  Students pursuing accelerated 3-year high school

525

graduation options pursuant to paragraph (1)(b) or paragraph

526

(1)(c) are required to:

527

     (a)  Earn passing scores on the FCAT as defined in s.

528

1008.22(3)(c) or scores on a standardized test that are

529

concordant with passing scores on the FCAT as defined in s.

530

1008.22(10) s. 1008.22(9).

531

532

Weighted grades referred to in paragraphs (b), (c), and (d) shall

533

be applied to those courses specifically listed or identified by

534

the department as rigorous pursuant to s. 1009.531(3) or weighted

535

by the district school board for class ranking purposes.

536

     Section 10.  Paragraph (a) of subsection (5) and paragraph

537

(a) of subsection (11) of section 1003.43, Florida Statutes, are

538

amended to read:

539

     1003.43  General requirements for high school graduation.--

540

     (5)  Each district school board shall establish standards

541

for graduation from its schools, and these standards must

542

include:

543

     (a)  Earning passing scores on the FCAT, as defined in s.

544

1008.22(3)(c), or scores on a standardized test that are

545

concordant with passing scores on the FCAT as defined in s.

546

1008.22(10) s. 1008.22(9).

547

548

The standards required in this subsection, and any subsequent

549

modifications, shall be reprinted in the Florida Administrative

550

Code even though not defined as "rules."

551

     (11)(a)  Each district school board must provide instruction

552

to prepare students with disabilities to demonstrate proficiency

553

in the core content knowledge and skills and competencies

554

necessary for successful grade-to-grade progression and high

555

school graduation.

556

     Section 11.  Subsection (1) of section 1003.433, Florida

557

Statutes, is amended to read:

558

     1003.433  Learning opportunities for out-of-state and out-

559

of-country transfer students and students needing additional

560

instruction to meet high school graduation requirements.--

561

     (1)  Students who enter a Florida public school at the

562

eleventh or twelfth grade from out of state or from a foreign

563

country shall not be required to spend additional time in a

564

Florida public school in order to meet the high school course

565

requirements if the student has met all requirements of the

566

school district, state, or country from which he or she is

567

transferring. Such students who are not proficient in English

568

should receive immediate and intensive instruction in English

569

language acquisition. However, to receive a standard high school

570

diploma, a transfer student must earn a 2.0 grade point average

571

and pass the grade 10 FCAT required in s. 1008.22(3) or an

572

alternate assessment as described in s. 1008.22(10) s.

573

1008.22(9).

574

     Section 12.  Paragraph (d) of subsection (6) of section

575

1003.63, Florida Statutes, is amended to read:

576

     1003.63  Deregulated public schools pilot program.--

577

     (6)  ELEMENTS OF THE PROPOSAL.--The major issues involving

578

the operation of a deregulated public school shall be considered

579

in advance and written into the proposal.

580

     (d)  Upon receipt of the annual report required by paragraph

581

(b), the Department of Education shall provide the State Board of

582

Education, the Commissioner of Education, the President of the

583

Senate, and the Speaker of the House of Representatives with a

584

copy of each report and an analysis and comparison of the overall

585

performance of students, to include all students in deregulated

586

public schools whose scores are counted as part of the statewide

587

assessment tests, versus comparable public school students in the

588

district as determined by statewide assessments administered

589

under s. 1008.22(3) FCAT and district assessment tests and, as

590

appropriate, the Florida Writes Assessment Test, and other

591

assessments administered pursuant to s. 1008.22(3).

592

     Section 13.  Paragraphs (c) and (d) of subsection (3) of

593

section 1004.85, Florida Statutes, are amended to read:

594

     1004.85  Postsecondary educator preparation institutes.--

595

     (3)  Educator preparation institutes approved pursuant to

596

this section may offer alternative certification programs

597

specifically designed for noneducation major baccalaureate degree

598

holders to enable program participants to meet the educator

599

certification requirements of s. 1012.56. Such programs shall be

600

competency-based educator certification preparation programs that

601

prepare educators through an alternative route. An educator

602

preparation institute choosing to offer an alternative

603

certification program pursuant to the provisions of this section

604

must implement a program previously approved by the Department of

605

Education for this purpose or a program developed by the

606

institute and approved by the department for this purpose.

607

Approved programs shall be available for use by other approved

608

educator preparation institutes.

609

     (c)  Upon completion of an alternative certification program

610

approved pursuant to this subsection, a participant shall receive

611

a credential from the sponsoring institution signifying

612

satisfaction of the requirements of s. 1012.56(6) s. 1012.56(5)

613

relating to mastery of professional preparation and education

614

competence. A participant shall be eligible for educator

615

certification through the Department of Education upon

616

satisfaction of all requirements for certification set forth in

617

s. 1012.56(2), including demonstration of mastery of general

618

knowledge, subject area knowledge, and professional preparation

619

and education competence, through testing or other statutorily

620

authorized means.

621

     (d)  If an institution offers an alternative certification

622

program approved pursuant to this subsection, such program may be

623

used by the school district or districts served by that

624

institution in addition to the alternative certification program

625

as required in s. 1012.56(8) s. 1012.56(7).

626

     Section 14.  Subsection (3) of section 1004.91, Florida

627

Statutes, is amended to read:

628

     1004.91  Career-preparatory instruction.--

629

     (3)  An adult student with a disability may be exempted from

630

the provisions of this section. A student who possesses a college

631

degree at the associate in applied science level or higher is

632

exempt from this section. A student who has completed or who is

633

exempt from the college-level communication and computation

634

skills examination pursuant to s. 1008.29, or who is exempt from

635

the college entry-level examination pursuant to s. 1008.29, is

636

exempt from the provisions of this section. Students who have

637

passed a state, national, or industry licensure exam are exempt

638

from this section. An adult student who is enrolled in an

639

apprenticeship program that is registered with the Department of

640

Education in accordance with the provisions of chapter 446 is

641

exempt from the provisions of this section.

642

     Section 15.  Paragraph (d) of subsection (3) of section

643

1004.99, Florida Statutes, is amended, present subsection (4) of

644

that section is renumbered as subsection (5), and a new

645

subsection (4) is added to that section, to read:

646

     1004.99  Florida Ready to Work Certification Program.--

647

     (3)  The Florida Ready to Work Certification Program shall

648

be composed of:

649

     (d) A Florida Ready to Work Credential certificate and

650

portfolio awarded to students upon successful completion of the

651

instruction. Each portfolio must delineate the skills

652

demonstrated by the student as evidence of the student's

653

preparation for employment.

654

     (4) A Florida Ready to Work Credential shall be awarded to

655

a student who successfully passes assessments in Reading for

656

Information, Applied Mathematics, and Locating Information or any

657

other assessments of comparable rigor. Each assessment shall be

658

scored on a scale of 3 to 7. The level of the credential each

659

student receives is based on the following:

660

     (a) A bronze-level credential requires a minimum score of 3

661

or above on each of the assessments.

662

     (b) A silver-level credential requires a minimum score of 4

663

or above on each of the assessments.

664

     (c) A gold-level credential requires a minimum score of 5

665

or above on each of the assessments.

666

     Section 16.  Paragraph (c) of subsection (2) of section

667

1007.21, Florida Statutes, is amended to read:

668

     1007.21  Readiness for postsecondary education and the

669

workplace.--

670

     (2)

671

     (c)  The common placement test authorized in ss. 1001.03(10)

672

and 1008.30 or a similar test may be administered to all high

673

school students second semester sophomores who have chosen one of

674

the four destinations. The results of the placement test shall be

675

used to target additional instructional needs in reading,

676

writing, and mathematics prior to graduation.

677

     Section 17.  Paragraph (b) of subsection (2) of section

678

1007.235, Florida Statutes, is amended to read:

679

     1007.235  District interinstitutional articulation

680

agreements.--

681

     (2)  The district interinstitutional articulation agreement

682

for each school year must be completed before high school

683

registration for the fall term of the following school year. The

684

agreement must include, but is not limited to, the following

685

components:

686

     (b)1.  A delineation of courses and programs available to

687

students eligible to participate in dual enrollment. This

688

delineation must include a plan for the community college to

689

provide guidance services to participating students on the

690

selection of courses in the dual enrollment program. The process

691

of community college guidance should make maximum use of the

692

automated advisement system for community colleges. The plan must

693

assure that each dual enrollment student is encouraged to

694

identify a postsecondary education objective with which to guide

695

the course selection. At a minimum, each student's plan should

696

include a list of courses that will result in an Applied

697

Technology Diploma, an Associate in Science degree, or an

698

Associate in Arts degree. If the student identifies a

699

baccalaureate degree as the objective, the plan must include

700

courses that will meet the general education requirements and any

701

prerequisite requirements for entrance into a selected

702

baccalaureate degree program.

703

     2.  A delineation of the process by which students and their

704

parents are informed about opportunities to participate in

705

articulated acceleration programs.

706

     3.  A delineation of the process by which students and their

707

parents exercise their option to participate in an articulated

708

acceleration program.

709

     4.  A delineation of high school credits earned for

710

completion of each dual enrollment course.

711

     5.  Provision for postsecondary courses that meet the

712

criteria for inclusion in a district articulated acceleration

713

program to be counted toward meeting the graduation requirements

714

of s. 1003.43.

715

     6.  An identification of eligibility criteria for student

716

participation in dual enrollment courses and programs.

717

     7.  A delineation of institutional responsibilities

718

regarding student screening prior to enrollment and monitoring

719

student performance subsequent to enrollment in dual enrollment

720

courses and programs.

721

     8.  An identification of the criteria by which the quality

722

of dual enrollment courses and programs are to be judged and a

723

delineation of institutional responsibilities for the maintenance

724

of instructional quality.

725

     9.  A delineation of institutional responsibilities for

726

assuming the cost of dual enrollment courses and programs that

727

includes such responsibilities for student instructional

728

materials.

729

     10.  An identification of responsibility for providing

730

student transportation if the dual enrollment instruction is

731

conducted at a facility other than the high school campus.

732

     11.  A delineation of the process for converting college

733

credit hours earned through dual enrollment and early admission

734

programs to high school credit based on mastery of course

735

outcomes as determined by the Department of Education in

736

accordance with s. 1007.271(6).

737

     12. An identification of the responsibility of the

738

postsecondary educational institution for assigning letter grades

739

for dual enrollment courses and the responsibility of school

740

districts for posting dual enrollment course grades to the high

741

school transcript as assigned by the postsecondary institution

742

awarding the credit.

743

     Section 18.  Section 1008.22, Florida Statutes, is amended

744

to read:

745

     1008.22  Student assessment program for public schools.--

746

     (1)  PURPOSE.--The primary purposes of the student

747

assessment program are to provide information needed to improve

748

the public schools by enhancing the learning gains of all

749

students and to inform parents of the educational progress of

750

their public school children. The program must be designed to:

751

     (a)  Assess the annual learning gains of each student toward

752

achieving the Sunshine State Standards appropriate for the

753

student's grade level.

754

     (b)  Provide data for making decisions regarding school

755

accountability and recognition.

756

     (c)  Identify the educational strengths and needs of

757

students and the readiness of students to be promoted to the next

758

grade level or to graduate from high school with a standard or

759

special high school diploma.

760

     (d) Assess how well educational goals and curricular

761

performance standards are met at the school, district, and state

762

levels.

763

     (e)  Provide information to aid in the evaluation and

764

development of educational programs and policies.

765

     (f)  Provide information on the performance of Florida

766

students compared with that of other students across the United

767

States.

768

     (2)  NATIONAL EDUCATION COMPARISONS.--It is Florida's intent

769

to participate in the measurement of national educational goals.

770

The Commissioner of Education shall direct Florida school

771

districts to participate in the administration of the National

772

Assessment of Educational Progress, or a similar national

773

assessment program, both for the national sample and for any

774

state-by-state comparison programs which may be initiated. The

775

Such assessments must be conducted using the data collection

776

procedures, the student surveys, the educator surveys, and other

777

instruments included in the National Assessment of Educational

778

Progress or similar program being administered in Florida. The

779

results of these assessments shall be included in the annual

780

report of the Commissioner of Education specified in this

781

section. The administration of the National Assessment of

782

Educational Progress or similar program shall be in addition to

783

and separate from the administration of the statewide assessment

784

program.

785

     (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall

786

design and implement a statewide program of educational

787

assessment that provides information for the improvement of the

788

operation and management of the public schools, including schools

789

operating for the purpose of providing educational services to

790

youth in Department of Juvenile Justice programs. The

791

commissioner may enter into contracts for the continued

792

administration of the assessment, testing, and evaluation

793

programs authorized and funded by the Legislature. Contracts may

794

be initiated in 1 fiscal year and continue into the next and may

795

be paid from the appropriations of either or both fiscal years.

796

The commissioner is authorized to negotiate for the sale or lease

797

of tests, scoring protocols, test scoring services, and related

798

materials developed pursuant to law. Pursuant to the statewide

799

assessment program, the commissioner shall:

800

     (a) Submit proposed Next Generation Sunshine State

801

Standards to the State Board of Education for adoption and

802

periodic review and revision under s. 1003.41 a list that

803

specifies student skills and competencies to which the goals for

804

education specified in the state plan apply, including, but not

805

limited to, reading, writing, science, and mathematics. The

806

skills and competencies must include problem-solving and higher-

807

order skills as appropriate and shall be known as the Sunshine

808

State Standards as defined in s. 1000.21. The commissioner shall

809

select such skills and competencies after receiving

810

recommendations from educators, citizens, and members of the

811

business community. The commissioner shall submit to the State

812

Board of Education revisions to the list of student skills and

813

competencies in order to maintain continuous progress toward

814

improvements in student proficiency.

815

     (b)  Develop and implement a uniform system of indicators to

816

describe the performance of public school students and the

817

characteristics of the public school districts and the public

818

schools. These indicators must include, without limitation,

819

information gathered by the comprehensive management information

820

system created pursuant to s. 1008.385 and student achievement

821

information obtained pursuant to this section.

822

     (c)  Develop and implement a student achievement testing

823

program known as the Florida Comprehensive Assessment Test (FCAT)

824

as part of the statewide assessment program to measure a

825

student's content knowledge and skills in reading, writing,

826

science, and mathematics. Other content areas may be included as

827

directed by the commissioner. Comprehensive assessments The

828

assessment of reading and mathematics shall be administered

829

annually in grades 3 through 10. Comprehensive assessments The

830

assessment of writing and science shall be administered at least

831

once at the elementary, middle, and high school levels. End-of-

832

course assessments for a subject may be administered in addition

833

to the comprehensive assessments required for that subject under

834

this paragraph. An end-of-course assessment must be rigorous,

835

statewide, standardized, and developed or approved by the

836

department. The content knowledge and skills assessed by

837

comprehensive and end-of-course assessments must be aligned to

838

the core curricular content established in the Sunshine State

839

Standards. The commissioner may select one or more nationally

840

developed comprehensive examinations, which may include, but need

841

not be limited to, examinations for a College Board Advanced

842

Placement course, International Baccalaureate course, or Advanced

843

International Certificate of Education course or industry-

844

approved examinations to earn national industry certifications as

845

defined in s. 1003.492, for use as end-of-course assessments

846

under this paragraph, if the commissioner determines that the

847

content knowledge and skills assessed by the examinations meet or

848

exceed the grade-level expectations for the core curricular

849

content established for the course in the Next Generation

850

Sunshine State Standards. The commissioner may collaborate with

851

the American Diploma Project in the adoption or development of

852

rigorous end-of-course assessments that are aligned to the Next

853

Generation Sunshine State Standards The commissioner must

854

document the procedures used to ensure that the versions of the

855

FCAT which are taken by students retaking the grade 10 FCAT are

856

equally as challenging and difficult as the tests taken by

857

students in grade 10 which contain performance tasks. The testing

858

program must be designed as follows so that:

859

     1. The tests shall measure student skills and competencies

860

adopted by the State Board of Education as specified in paragraph

861

(a). The tests must measure and report student proficiency levels

862

of all students assessed in reading, writing, mathematics, and

863

science. The commissioner shall provide for the tests to be

864

developed or obtained, as appropriate, through contracts and

865

project agreements with private vendors, public vendors, public

866

agencies, postsecondary educational institutions, or school

867

districts. The commissioner shall obtain input with respect to

868

the design and implementation of the testing program from state

869

educators, assistive technology experts, and the public.

870

     2. The testing program shall be composed will include a

871

combination of norm-referenced and criterion-referenced tests

872

that shall and include, to the extent determined by the

873

commissioner, include test items questions that require the

874

student to produce information or perform tasks in such a way

875

that the core content knowledge and skills and competencies he or

876

she uses can be measured.

877

     3. Beginning with the 2008-2009 school year, the

878

commissioner shall discontinue administration of the selected-

879

response test items on the comprehensive assessments of writing.

880

Beginning with the 2012-2013 school year, the comprehensive

881

assessments of writing shall be composed of a combination of

882

selected-response test items, short-response performance tasks,

883

and extended-response performance tasks, which shall measure a

884

student's content knowledge of writing, including, but not

885

limited to, paragraph and sentence structure, sentence

886

construction, grammar and usage, punctuation, capitalization,

887

spelling, parts of speech, verb tense, irregular verbs, subject-

888

verb agreement, and noun-pronoun agreement. Each testing program,

889

whether at the elementary, middle, or high school level, includes

890

a test of writing in which students are required to produce

891

writings that are then scored by appropriate and timely methods.

892

     4. A score shall be is designated for each subject area

893

tested, below which score a student's performance is deemed

894

inadequate. The school districts shall provide appropriate

895

remedial instruction to students who score below these levels.

896

     5.  Except as provided in s. 1003.428(8)(b) or s.

897

1003.43(11)(b), students must earn a passing score on the grade

898

10 assessment test described in this paragraph or attain

899

concordant scores as described in subsection (9) in reading,

900

writing, and mathematics to qualify for a standard high school

901

diploma. The State Board of Education shall designate a passing

902

score for each part of the grade 10 assessment test. In

903

establishing passing scores, the state board shall consider any

904

possible negative impact of the test on minority students. The

905

State Board of Education shall adopt rules which specify the

906

passing scores for the grade 10 FCAT. Any such rules, which have

907

the effect of raising the required passing scores, shall only

908

apply only to students taking the grade 10 FCAT for the first

909

time after such rules are adopted by the State Board of

910

Education.

911

     6.  Participation in the testing program is mandatory for

912

all students attending public school, including students served

913

in Department of Juvenile Justice programs, except as otherwise

914

prescribed by the commissioner. If a student does not participate

915

in the statewide assessment, the district must notify the

916

student's parent and provide the parent with information

917

regarding the implications of such nonparticipation. A parent

918

must provide signed consent for a student to receive classroom

919

instructional accommodations that would not be available or

920

permitted on the statewide assessments and must acknowledge in

921

writing that he or she understands the implications of such

922

instructional accommodations. The State Board of Education shall

923

adopt rules, based upon recommendations of the commissioner, for

924

the provision of test accommodations for students in exceptional

925

education programs and for students who have limited English

926

proficiency. Accommodations that negate the validity of a

927

statewide assessment are not allowable in the administration of

928

the FCAT. However, instructional accommodations are allowable in

929

the classroom if included in a student's individual education

930

plan. Students using instructional accommodations in the

931

classroom that are not allowable as accommodations on the FCAT

932

may have the FCAT requirement waived pursuant to the requirements

933

of s. 1003.428(8)(b) or s. 1003.43(11)(b).

934

     7.  A student seeking an adult high school diploma must meet

935

the same testing requirements that a regular high school student

936

must meet.

937

     8.  District school boards must provide instruction to

938

prepare students to demonstrate proficiency in the core

939

curricular content established in the Next Generation Sunshine

940

State Standards adopted under s. 1003.41, including the core

941

content knowledge and skills and competencies necessary for

942

successful grade-to-grade progression and high school graduation.

943

If a student is provided with instructional accommodations in the

944

classroom that are not allowable as accommodations in the

945

statewide assessment program, as described in the test manuals,

946

the district must inform the parent in writing and must provide

947

the parent with information regarding the impact on the student's

948

ability to meet expected proficiency levels in reading, writing,

949

and mathematics math. The commissioner shall conduct studies as

950

necessary to verify that the required core curricular content is

951

skills and competencies are part of the district instructional

952

programs.

953

     9.  District school boards must provide opportunities for

954

students to demonstrate an acceptable level of performance on an

955

alternative standardized assessment approved by the State Board

956

of Education following enrollment in summer academies.

957

     10.  The Department of Education must develop, or select,

958

and implement a common battery of assessment tools that will be

959

used in all juvenile justice programs in the state. These tools

960

must accurately measure the core curricular content skills and

961

competencies established in the Sunshine State Standards.

962

     11.  For students seeking a special diploma pursuant to s.

963

1003.438, the Department of Education must develop or select and

964

implement an alternate assessment tool that accurately measures

965

the core curricular content skills and competencies established

966

in the Sunshine State Standards for students with disabilities

967

under s. 1003.438.

968

     12. The Commissioner of Education shall establish schedules

969

for the administration of statewide assessments and the reporting

970

of student test results. The commissioner shall, by August 1 of

971

each year, notify each school district in writing and publish on

972

the department's Internet website the testing and reporting

973

schedules for, at a minimum, the school year following the

974

upcoming school year. The testing and reporting schedules shall

975

require that:

976

     a. There is the latest possible administration of statewide

977

assessments and the earliest possible reporting to the school

978

districts of student test results which is feasible within

979

available technology and specific appropriations; however, test

980

results must be made available no later than the final day of the

981

regular school year for students.

982

     b. Beginning with the 2010-2011 school year, a

983

comprehensive statewide assessment of writing is not administered

984

earlier than the week of March 1 and a comprehensive statewide

985

assessment of any other subject is not administered earlier than

986

the week of April 15.

987

     c. A statewide standardized end-of-course assessment is

988

administered within the last 2 weeks of the course.

989

990

The commissioner may, based on collaboration and input from

991

school districts, design and implement student testing programs,

992

for any grade level and subject area, necessary to effectively

993

monitor educational achievement in the state, including the

994

measurement of educational achievement of the Sunshine State

995

Standards for students with disabilities. Development and

996

refinement of assessments shall include universal design

997

principles and accessibility standards that will prevent any

998

unintended obstacles for students with disabilities while

999

ensuring the validity and reliability of the test. These

1000

principles should be applicable to all technology platforms and

1001

assistive devices available for the assessments. The field

1002

testing process and psychometric analyses for the statewide

1003

assessment program must include an appropriate percentage of

1004

students with disabilities and an evaluation or determination of

1005

the effect of test items on such students.

1006

     (d)  Conduct ongoing research to develop improved methods of

1007

assessing student performance, including, without limitation, the

1008

use of technology to administer tests, score, or report the

1009

results of, the use of electronic transfer of data, the

1010

development of work-product assessments, and the development of

1011

process assessments.

1012

     (e)  Conduct ongoing research and analysis of student

1013

achievement data, including, without limitation, monitoring

1014

trends in student achievement by grade level and overall student

1015

achievement, identifying school programs that are successful, and

1016

analyzing correlates of school achievement.

1017

     (f)  Provide technical assistance to school districts in the

1018

implementation of state and district testing programs and the use

1019

of the data produced pursuant to such programs.

1020

     (g)  Study the cost and student achievement impact of

1021

secondary end-of-course assessments, including web-based and

1022

performance formats, and report to the Legislature prior to

1023

implementation.

1024

     (4) STATEWIDE ASSESSMENT PREPARATION; PROHIBITED

1025

ACTIVITIES.--Beginning with the 2008-2009 school year, a district

1026

school board shall prohibit each public school from suspending a

1027

regular program of curricula for purposes of administering

1028

practice tests or engaging in other test-preparation activities

1029

for a statewide assessment. However, a district school board may

1030

authorize a public school to engage in the following test-

1031

preparation activities for a statewide assessment:

1032

     (a) Distributing to students the sample test books and

1033

answer keys published by the Department of Education.

1034

     (b) Providing individualized instruction in test-taking

1035

strategies, without suspending the school's regular program of

1036

curricula, for a student who scores at Level 1 or Level 2 on a

1037

prior administration of the statewide assessment.

1038

     (c) Providing individualized instruction in the content

1039

knowledge and skills assessed, without suspending the school's

1040

regular program of curricula, for a student who scores at Level 1

1041

or Level 2 on a prior administration of the statewide assessment

1042

or a student who, through a diagnostic assessment administered by

1043

the school district, is identified as having a deficiency in the

1044

content knowledge and skills assessed.

1045

     (d) Incorporating test-taking exercises and strategies

1046

into curricula for intensive reading and mathematics intervention

1047

courses.

1048

     (e) Administering a practice test or engaging in other

1049

test-preparation activities for the statewide assessment which

1050

are determined necessary to familiarize students with the

1051

organization of the assessment, the format of the test items, and

1052

the test directions, or which are otherwise necessary for the

1053

valid and reliable administration of the assessment, as set forth

1054

in rules adopted by the State Board of Education with specific

1055

reference to this paragraph.

1056

     (5)(4) DISTRICT TESTING PROGRAMS.--Each district school

1057

board shall periodically assess student performance and

1058

achievement within each school of the district. The assessment

1059

programs must be based on the core curricular content established

1060

in the Next Generation Sunshine State Standards and any upon

1061

local goals and objectives that are compatible with the state

1062

plan for education and that supplement the core content knowledge

1063

and skills necessary for successful grade-to-grade progression

1064

and high school graduation and competencies adopted by the State

1065

Board of Education. All school districts must participate in the

1066

statewide assessment program designed to measure annual student

1067

learning and school performance. All district school boards shall

1068

report assessment results as required by the state management

1069

information system.

1070

     (6)(5) SCHOOL TESTING PROGRAMS.--Each public school shall

1071

participate in the statewide assessment program in accordance

1072

with the testing and reporting schedules published by the

1073

Commissioner of Education under subparagraph (3)(c)12., unless

1074

specifically exempted by state board rule based on serving a

1075

specialized population for which standardized testing is not

1076

appropriate. Student performance data shall be analyzed and

1077

reported to parents, the community, and the state. Student

1078

performance data shall be used in developing objectives of the

1079

school improvement plan, evaluation of instructional personnel,

1080

evaluation of administrative personnel, assignment of staff,

1081

allocation of resources, acquisition of instructional materials

1082

and technology, performance-based budgeting, and promotion and

1083

assignment of students into educational programs. The analysis of

1084

student performance data also must identify strengths and needs

1085

in the educational program and trends over time. The analysis

1086

must be used in conjunction with the budgetary planning processes

1087

developed pursuant to s. 1008.385 and the development of the

1088

programs of remediation.

1089

     (7)(6) REQUIRED ANALYSES.--The commissioner shall provide,

1090

at a minimum, for the following analyses of data produced by the

1091

student achievement testing program:

1092

     (a)  The statistical system for the annual assessments shall

1093

use measures of student learning, such as the FCAT, to determine

1094

teacher, school, and school district statistical distributions,

1095

which shall be determined using available data from the FCAT, and

1096

other data collection as deemed appropriate by the Department of

1097

Education, to measure the differences in student prior year

1098

achievement compared to the current year achievement for the

1099

purposes of accountability and recognition.

1100

     (b)  The statistical system shall provide the best estimates

1101

of teacher, school, and school district effects on student

1102

progress. The approach used by the department shall be approved

1103

by the commissioner before implementation.

1104

     (c)  The annual testing program shall be administered to

1105

provide for valid statewide comparisons of learning gains to be

1106

made for purposes of accountability and recognition. The

1107

commissioner shall establish a schedule for the administration of

1108

the statewide assessments. In establishing such schedule, the

1109

commissioner is charged with the duty to accomplish the latest

1110

possible administration of the statewide assessments and the

1111

earliest possible provision of the results to the school

1112

districts feasible within available technology and specific

1113

appropriation. District school boards shall not establish school

1114

calendars that jeopardize or limit the valid testing and

1115

comparison of student learning gains.

1116

     (8)(7) LOCAL ASSESSMENTS.--Measurement of the learning

1117

gains of students in all subjects and grade levels other than

1118

subjects and grade levels required for the state student

1119

achievement testing program is the responsibility of the school

1120

districts.

1121

     (9)(8) APPLICABILITY OF TESTING STANDARDS.--

1122

     (a) If the Commissioner of Education revises a statewide

1123

assessment and the revisions require the State Board of Education

1124

to modify the assessment's proficiency levels or modify the

1125

passing scores required for a standard high school diploma, until

1126

the state board adopts the modifications by rule, the

1127

commissioner shall use calculations for scoring the assessment

1128

which adjust student scores on the revised assessment for

1129

statistical equivalence to student scores on the former

1130

assessment.

1131

     (b) A student must attain meet the passing scores on the

1132

statewide assessment required testing requirements for a standard

1133

high school diploma which are graduation that were in effect at

1134

the time the student enters entered 9th grade 9 if, provided the

1135

student's enrollment is was continuous.

1136

     (c) If the commissioner revises a statewide assessment and

1137

the revisions require the State Board of Education to modify the

1138

passing scores required for a standard high school diploma, the

1139

commissioner may, with approval of the state board, discontinue

1140

administration of the former assessment upon the graduation,

1141

based on normal student progression, of students participating in

1142

the final regular administration of the former assessment. The

1143

state board shall adopt by rule passing scores for the revised

1144

assessment which are statistically equivalent to passing scores

1145

on the discontinued assessment for a student required under

1146

paragraph (b) to attain passing scores on the discontinued

1147

assessment.

1148

     (10)(9) CONCORDANT SCORES FOR THE FCAT.--

1149

     (a)  The State Board of Education shall analyze the content

1150

and concordant data sets for widely used high school achievement

1151

tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,

1152

and College Placement Test, to assess if concordant scores for

1153

FCAT scores can be determined for high school graduation, college

1154

placement, and scholarship awards. In cases where content

1155

alignment and concordant scores can be determined, the

1156

Commissioner of Education shall adopt those scores as meeting the

1157

graduation requirement in lieu of achieving the FCAT passing

1158

score and may adopt those scores as being sufficient to achieve

1159

additional purposes as determined by rule. Each time that test

1160

content or scoring procedures change are changed for the FCAT or

1161

for a high school achievement test for which a concordant score

1162

is determined one of the identified tests, new concordant scores

1163

must be determined.

1164

     (b)  In order to use a concordant subject area score

1165

pursuant to this subsection to satisfy the assessment requirement

1166

for a standard high school diploma as provided in s.

1167

1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must

1168

take each subject area of the grade 10 FCAT a total of three

1169

times without earning a passing score. The requirements of this

1170

paragraph shall not apply to a new student who enters the Florida

1171

public school system in grade 12, who may either achieve a

1172

passing score on the FCAT or use an approved subject area

1173

concordant score to fulfill the graduation requirement.

1174

     (c)  The State Board of Education may define by rule the

1175

allowable uses, other than to satisfy the high school graduation

1176

requirement, for concordant scores as described in this

1177

subsection. Such uses may include, but need not be limited to,

1178

achieving appropriate standardized test scores required for the

1179

awarding of Florida Bright Futures Scholarships and college

1180

placement.

1181

     (11)(10) REPORTS.--The Department of Education shall

1182

annually provide a report to the Governor, the President of the

1183

Senate, and the Speaker of the House of Representatives on the

1184

following:

1185

     (a)  Longitudinal performance of students in mathematics and

1186

reading.

1187

     (b)  Longitudinal performance of students by grade level in

1188

mathematics and reading.

1189

     (c)  Longitudinal performance regarding efforts to close the

1190

achievement gap.

1191

     (d) Longitudinal performance of students on the norm-

1192

referenced component of the FCAT.

1193

     (d)(e) Other student performance data based on national

1194

norm-referenced and criterion-referenced tests, when available,

1195

and numbers of students who after 8th grade enroll in adult

1196

education rather than other secondary education.

1197

     (12)(11) RULES.--The State Board of Education shall adopt

1198

rules pursuant to ss. 120.536(1) and 120.54 to implement the

1199

provisions of this section.

1200

     Section 19.  Subsection (3) of section 1008.30, Florida

1201

Statutes, is amended to read:

1202

     1008.30  Common placement testing for public postsecondary

1203

education.--

1204

     (3)  The State Board of Education shall adopt rules that

1205

would require high schools to evaluate before the beginning of

1206

grade 12 the college readiness of each student who indicates an

1207

interest in postsecondary education and scores at Level 2 or

1208

Level 3 on the reading portion of the grade 10 FCAT or Level 2,

1209

Level 3, or Level 4 on the mathematics portion of the grade 10

1210

FCAT. High schools shall perform this evaluation using results

1211

from give the corresponding component of the common placement

1212

test prescribed in this section, or an equivalent test identified

1213

by the State Board of Education. The Department of Education

1214

shall purchase or develop the assessments necessary to perform

1215

the evaluations required by this subsection and shall work with

1216

the school districts to administer the assessments. The State

1217

Board of Education shall establish by rule the minimum test

1218

scores a student must achieve to demonstrate readiness. Students

1219

who demonstrate readiness by achieving the minimum test scores

1220

established by the state board and enroll in a community college

1221

within 2 years of achieving such scores shall not be required to

1222

enroll in remediation courses as a condition of acceptance to any

1223

community college. The high school shall use the results of the

1224

test to advise the students of any identified deficiencies and to

1225

the maximum extent practicable provide 12th grade students access

1226

to appropriate remedial instruction prior to high school

1227

graduation. The remedial instruction provided under this

1228

subsection shall be a collaborative effort between secondary and

1229

postsecondary educational institutions. To the extent courses are

1230

available, the Florida Virtual School may be used to provided the

1231

remedial instruction required by this subsection, at the

1232

beginning of the tenth grade year before enrollment in the

1233

eleventh grade year in public high school for the purpose of

1234

obtaining remedial instruction prior to entering public

1235

postsecondary education.

1236

     Section 20.  Paragraph (c) of subsection (1) of section

1237

1008.31, Florida Statutes, is amended to read:

1238

     1008.31  Florida's K-20 education performance accountability

1239

system; legislative intent; mission, goals, and systemwide

1240

measures; data quality improvements.--

1241

     (1)  LEGISLATIVE INTENT.--It is the intent of the

1242

Legislature that:

1243

     (c)  The K-20 education performance accountability system

1244

comply with the accountability requirements of the "No Child Left

1245

Behind Act of 2001," Pub. L. No. 107-110, and the Individuals

1246

with Disabilities Education Act (IDEA).

1247

     Section 21.  Subsection (3) of section 1008.34, Florida

1248

Statutes, is amended, and subsection (8) is added to that

1249

section, to read:

1250

     1008.34  School grading system; school report cards;

1251

district grade.--

1252

     (3)  DESIGNATION OF SCHOOL GRADES.--

1253

     (a) Each school that has students who are tested and

1254

included in the school grading system, except an alternative

1255

school that receives a school improvement rating pursuant to s.

1256

1008.341, shall receive a school grade, except as follows:

1257

     1. A school shall not receive a school grade if the number

1258

of its students tested and included in the school grading system

1259

are fewer than the minimum sample size necessary, based on

1260

accepted professional practice, for statistical reliability and

1261

prevention of the unlawful release of personally identifiable

1262

student data under s. 1002.22 or 20 U.S.C. s. 1232g.; however,

1263

     2. An alternative school may choose to receive a school

1264

grade under this section or in lieu of a school improvement

1265

rating under s. 1008.341.

1266

     3. Additionally, A school that serves any combination of

1267

students in kindergarten through grade 3 which does not receive a

1268

school grade because its students are not tested and included in

1269

the school grading system shall receive the school grade

1270

designation of a K-3 feeder pattern school identified by the

1271

Department of Education and verified by the school district. A

1272

school feeder pattern exists if at least 60 percent of the

1273

students in the school serving a combination of students in

1274

kindergarten through grade 3 are scheduled to be assigned to the

1275

graded school. School grades itemized in subsection (2) shall be

1276

based on the following:

1277

     (b)1.(a) Criteria.--A school's grade shall be based on a

1278

combination of:

1279

     a.1. Student achievement scores, including achievement

1280

scores for students seeking a special diploma.

1281

     b.2. Student learning gains as measured by annual FCAT

1282

assessments in grades 3 through 10; learning gains for students

1283

seeking a special diploma, as measured by an alternate assessment

1284

tool, shall be included not later than the 2009-2010 school year.

1285

     c.3. Improvement of the lowest 25th percentile of students

1286

in the school in reading, mathematics math, or writing on the

1287

FCAT, unless these students are exhibiting satisfactory

1288

performance.

1289

     2. Beginning with the 2009-2010 school year for schools

1290

comprised of high school grades 9, 10, 11, and 12, or grades 10,

1291

11, and 12, 50 percent of the school grade shall be based on a

1292

combination of the factors listed in sub-subparagraphs 1.a.-c.

1293

and the remaining 50 percent on the following factors:

1294

     a. The high school graduation rate of the school;

1295

     b. As valid data becomes available, the performance and

1296

participation of the school's students in College Board Advanced

1297

Placement courses, International Baccalaureate courses, dual

1298

enrollment courses, and Advanced International Certificate of

1299

Education courses; and the students' achievement of industry

1300

certification, as determined by the Agency for Workforce

1301

Innovation under s. 1003.492(2) in a career and professional

1302

academy, as described in s. 1003.493;

1303

     c. Postsecondary readiness of the school's students as

1304

measured by the SAT, ACT, or the common placement test;

1305

     d. The high school graduation rate of at-risk students who

1306

scored at Level 2 or lower on the grade 8 FCAT Reading and

1307

Mathematics examinations;

1308

     e. As valid data becomes available, the performance of the

1309

school's students on statewide standardized end-of-course

1310

assessments administered under s. 1008.22; and

1311

     f. The growth or decline in the components listed in sub-

1312

subparagraphs a.-e. from year to year.

1313

     (c)(b) Student assessment data.--Student assessment data

1314

used in determining school grades shall include:

1315

     1.  The aggregate scores of all eligible students enrolled

1316

in the school who have been assessed on the FCAT.

1317

     2.  The aggregate scores of all eligible students enrolled

1318

in the school who have been assessed on the FCAT, including

1319

Florida Writes, and who have scored at or in the lowest 25th

1320

percentile of students in the school in reading, mathematics

1321

math, or writing, unless these students are exhibiting

1322

satisfactory performance.

1323

     3.  Effective with the 2005-2006 school year, the

1324

achievement scores and learning gains of eligible students

1325

attending alternative schools that provide dropout prevention and

1326

academic intervention services pursuant to s. 1003.53. The term

1327

"eligible students" in this subparagraph does not include

1328

students attending an alternative school who are subject to

1329

district school board policies for expulsion for repeated or

1330

serious offenses, who are in dropout retrieval programs serving

1331

students who have officially been designated as dropouts, or who

1332

are in programs operated or contracted by the Department of

1333

Juvenile Justice. The student performance data for eligible

1334

students identified in this subparagraph shall be included in the

1335

calculation of the home school's grade. As used in For purposes

1336

of this section and s. 1008.341, the term "home school" means the

1337

school to which the student would be assigned if the student were

1338

not was attending when assigned to an alternative school. If an

1339

alternative school chooses to be graded under pursuant to this

1340

section, student performance data for eligible students

1341

identified in this subparagraph shall not be included in the home

1342

school's grade but shall be included only in the calculation of

1343

the alternative school's grade. A school district that fails to

1344

assign the FCAT scores of each of its students to his or her home

1345

school or to the alternative school that receives a grade shall

1346

forfeit Florida School Recognition Program funds for 1 fiscal

1347

year. School districts must require collaboration between the

1348

home school and the alternative school in order to promote

1349

student success. This collaboration must include an annual

1350

discussion between the principal of the alternative school and

1351

the principal of each student's home school concerning the most

1352

appropriate school assignment of the student.

1353

     4. Beginning with the 2009-2010 school year for schools

1354

comprised of high school grades 9, 10, 11, and 12, or grades 10,

1355

11, and 12, the data listed in subparagraphs 1.-3. and the

1356

following data as the Department of Education determines such

1357

data are valid and available:

1358

     a. The high school graduation rate of the school as

1359

calculated by the Department of Education;

1360

     b. The participation rate of all eligible students enrolled

1361

in the school and enrolled in College Board Advanced Placement

1362

courses; International Baccalaureate courses; dual enrollment

1363

courses; Advanced International Certificate of Education courses;

1364

and courses or sequence of courses leading to industry

1365

certification, as determined by the Agency for Workforce

1366

Innovation under s. 1003.492(2) in a career and professional

1367

academy, as described in s. 1003.493;

1368

     c. The aggregate scores of all eligible students enrolled

1369

in the school in College Board Advanced Placement courses,

1370

International Baccalaureate courses, and Advanced International

1371

Certificate of Education courses;

1372

     d. Earning of college credit by all eligible students

1373

enrolled in the school in dual enrollment programs under s.

1374

1007.271;

1375

     e. Earning of an industry certification, as determined by

1376

the Agency for Workforce Innovation under s. 1003.492(2) in a

1377

career and professional academy, as described in s. 1003.493;

1378

     f. The aggregate scores of all eligible students enrolled

1379

in the school in reading, mathematics, and other subjects as

1380

measured by the SAT, the ACT, and the common placement test for

1381

postsecondary readiness;

1382

     g. The high school graduation rate of all eligible at-risk

1383

students enrolled in the school who scored at Level 2 or lower on

1384

the grade 8 FCAT Reading and Mathematics examinations;

1385

     h. The performance of the school's students on statewide

1386

standardized end-of-course assessments administered under s.

1387

1008.22; and

1388

     i. The growth or decline in the data components listed in

1389

sub-subparagraphs a.-h. from year to year.

1390

1391

The State Board of Education shall adopt appropriate criteria for

1392

each school grade. The criteria must also give added weight to

1393

student achievement in reading. Schools designated with a grade

1394

of "C," making satisfactory progress, shall be required to

1395

demonstrate that adequate progress has been made by students in

1396

the school who are in the lowest 25th percentile in reading,

1397

mathematics math, or writing on the FCAT, including Florida

1398

Writes, unless these students are exhibiting satisfactory

1399

performance. Beginning with the 2009-2010 school year for schools

1400

comprised of high school grades 9, 10, 11, and 12, or grades 10,

1401

11, and 12, the criteria for school grades must also give added

1402

weight to the graduation rate of all eligible at-risk students,

1403

as defined in this paragraph. Beginning in the 2009-2010 school

1404

year, in order for a high school to be designated as having a

1405

grade of "A," making excellent progress, the school must

1406

demonstrate that at-risk students, as defined in this paragraph,

1407

in the school are making adequate progress.

1408

     (8) RULES.--The State Board of Education shall adopt rules

1409

under ss. 120.536(1) and 120.54 to administer this section.

1410

     Section 22.  Subsection (2) and paragraph (b) of subsection

1411

(3) of section 1008.341, Florida Statutes, are amended, and

1412

subsection (6) is added to that section, to read:

1413

     1008.341  School improvement rating for alternative

1414

schools.--

1415

     (2) SCHOOL IMPROVEMENT RATING.--An alternative school

1416

schools that provides provide dropout prevention and academic

1417

intervention services pursuant to s. 1003.53 shall receive a

1418

school improvement rating pursuant to this section. However, an

1419

alternative school shall not receive a school improvement rating

1420

if the number of its students for whom student performance data

1421

is available for the current year and previous year are fewer

1422

than the minimum sample size necessary, based on accepted

1423

professional practice, for statistical reliability and prevention

1424

of the unlawful release of personally identifiable student data

1425

under s. 1002.22 or 20 U.S.C. s. 1232g. The school improvement

1426

rating shall identify an alternative school schools as having one

1427

of the following ratings defined according to rules of the State

1428

Board of Education:

1429

     (a) "Improving" means the schools with students attending

1430

the school are making more academic progress than when the

1431

students were served in their home schools.

1432

     (b) "Maintaining" means the schools with students attending

1433

the school are making progress equivalent to the progress made

1434

when the students were served in their home schools.

1435

     (c) "Declining" means the schools with students attending

1436

the school are making less academic progress than when the

1437

students were served in their home schools.

1438

1439

The school improvement rating shall be based on a comparison of

1440

student performance data for the current year and previous year.

1441

Schools that improve at least one level or maintain an

1442

"improving" rating pursuant to this section are eligible for

1443

school recognition awards pursuant to s. 1008.36.

1444

     (3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student data

1445

used in determining an alternative school's school improvement

1446

rating shall include:

1447

     (b)  The aggregate scores of all eligible students who were

1448

assigned to and enrolled in the school during the October or

1449

February FTE count, who have been assessed on the FCAT, including

1450

Florida Writes, and who have scored in the lowest 25th percentile

1451

of students in the state on FCAT Reading.

1452

1453

The assessment scores of students who are subject to district

1454

school board policies for expulsion for repeated or serious

1455

offenses, who are in dropout retrieval programs serving students

1456

who have officially been designated as dropouts, or who are in

1457

programs operated or contracted by the Department of Juvenile

1458

Justice may not be included in an alternative school's school

1459

improvement rating.

1460

     (6) RULES.--The State Board of Education shall adopt rules

1461

under ss. 120.536(1) and 120.54 to administer this section.

1462

     Section 23.  Paragraph (a) of subsection (8) of section

1463

1008.345, Florida Statutes, is amended to read:

1464

     1008.345  Implementation of state system of school

1465

improvement and education accountability.--

1466

     (8)  As a part of the system of educational accountability,

1467

the Department of Education shall:

1468

     (a) Develop minimum performance standards for various

1469

grades and subject areas, as required in ss. 1001.03, 1008.22,

1470

and 1008.34.

1471

     Section 24.  Subsection (2) of section 1008.36, Florida

1472

Statutes, is amended to read:

1473

     1008.36  Florida School Recognition Program.--

1474

     (2)  The Florida School Recognition Program is created to

1475

provide financial awards to public schools that:

1476

     (a)  Sustain high performance by receiving a school grade of

1477

"A," making excellent progress; or

1478

     (b)  Demonstrate exemplary improvement due to innovation and

1479

effort by improving at least one a letter grade or by improving

1480

more than one letter grade and sustaining the improvement the

1481

following school year.

1482

1483

Notwithstanding statutory provisions to the contrary, incentive

1484

awards are not subject to collective bargaining.

1485

     Section 25.  Subsection (4) of section 1012.56, Florida

1486

Statutes, is renumbered as subsection (5) and amended, present

1487

subsections (5) through (16) are renumbered as subsections (6)

1488

through (17), respectively, and a new subsection (4) is added to

1489

that section, to read:

1490

     1012.56  Educator certification requirements.--

1491

     (4) ALIGNMENT OF SUBJECT AREAS.--As the Sunshine State

1492

Standards are replaced by the Next Generation Sunshine State

1493

Standards under s. 1003.41, the State Board of Education shall

1494

align the subject area examinations to the Next Generation

1495

Sunshine State Standards.

1496

     (5)(4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means

1497

of demonstrating mastery of subject area knowledge are:

1498

     (a)  Achievement of passing scores on subject area

1499

examinations required by state board rule, which may include, but

1500

need not be limited to, world languages in Arabic, Chinese,

1501

Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi,

1502

Italian, Japanese, Portuguese, Russian, and Spanish;

1503

     (b) Completion of a bachelor's degree or higher and

1504

verification of the attainment of an oral proficiency interview

1505

score above the intermediate level and a written proficiency

1506

score above the intermediate level on a test administered by the

1507

American Council on the Teaching of Foreign Languages for which

1508

there is no Florida-developed examination;

1509

     (c)(b) Completion of the subject area specialization

1510

requirements specified in state board rule and verification of

1511

the attainment of the essential subject matter competencies by

1512

the district school superintendent of the employing school

1513

district or chief administrative officer of the employing state-

1514

supported or private school for a subject area for which a

1515

subject area examination has not been developed and required by

1516

state board rule;

1517

     (d)(c) Completion of the subject area specialization

1518

requirements specified in state board rule for a subject coverage

1519

requiring a master's or higher degree and achievement of a

1520

passing score on the subject area examination specified in state

1521

board rule;

1522

     (e)(d) A valid professional standard teaching certificate

1523

issued by another state; or

1524

     (f)(e) A valid certificate issued by the National Board for

1525

Professional Teaching Standards or a national educator

1526

credentialing board approved by the State Board of Education.

1527

1528

School districts are encouraged to provide mechanisms for those

1529

middle school teachers holding only a K-6 teaching certificate to

1530

obtain a subject area coverage for middle grades through

1531

postsecondary coursework or district add-on certification.

1532

     Section 26.  Subsection (1) of section 1012.57, Florida

1533

Statutes, is amended to read:

1534

     1012.57  Certification of adjunct educators.--

1535

     (1)  Notwithstanding the provisions of ss. 1012.32, 1012.55,

1536

and 1012.56, or any other provision of law or rule to the

1537

contrary, district school boards shall adopt rules to allow for

1538

the issuance of an adjunct teaching certificate to any applicant

1539

who fulfills the requirements of s. 1012.56(2)(a)-(f) and (10)

1540

(9) and who has expertise in the subject area to be taught. An

1541

applicant shall be considered to have expertise in the subject

1542

area to be taught if the applicant demonstrates sufficient

1543

subject area mastery through passage of a subject area test. The

1544

adjunct teaching certificate shall be used for part-time teaching

1545

positions. The intent of this provision is to allow school

1546

districts to tap the wealth of talent and expertise represented

1547

in Florida's citizens who may wish to teach part-time in a

1548

Florida public school by permitting school districts to issue

1549

adjunct certificates to qualified applicants. Adjunct

1550

certificateholders should be used as a strategy to reduce the

1551

teacher shortage; thus, adjunct certificateholders should

1552

supplement a school's instructional staff, not supplant it. Each

1553

school principal shall assign an experienced peer mentor to

1554

assist the adjunct teaching certificateholder during the

1555

certificateholder's first year of teaching, and an adjunct

1556

certificateholder may participate in a district's new teacher

1557

training program. District school boards shall provide the

1558

adjunct teaching certificateholder an orientation in classroom

1559

management prior to assigning the certificateholder to a school.

1560

Each adjunct teaching certificate is valid for 5 school years and

1561

is renewable if the applicant has received satisfactory

1562

performance evaluations during each year of teaching under

1563

adjunct teaching certification.

1564

     Section 27.  Subsection (1) of section 1012.586, Florida

1565

Statutes, is amended to read:

1566

     1012.586  Additions or changes to certificates; duplicate

1567

certificates.--A school district may process via a Department of

1568

Education website certificates for the following applications of

1569

public school employees:

1570

     (1)  Addition of a subject coverage or endorsement to a

1571

valid Florida certificate on the basis of the completion of the

1572

appropriate subject area testing requirements of s. 1012.56(5)(a)

1573

s. 1012.56(4)(a) or the completion of the requirements of an

1574

approved school district program or the inservice components for

1575

an endorsement.

1576

1577

The employing school district shall charge the employee a fee not

1578

to exceed the amount charged by the Department of Education for

1579

such services. Each district school board shall retain a portion

1580

of the fee as defined in the rules of the State Board of

1581

Education. The portion sent to the department shall be used for

1582

maintenance of the technology system, the web application, and

1583

posting and mailing of the certificate.

1584

     Section 28.  Effective upon this act becoming a law, section

1585

1012.71, Florida Statutes, is amended to read:

1586

(Substantial rewording of section. See

1587

s. 1012.71, F.S., for present text.)

1588

     1012.71 The Florida Teachers Lead Program.--

1589

     (1) For purposes of the Florida Teachers Lead Program, the

1590

term "classroom teacher" means a certified teacher employed by a

1591

public school district or a public charter school in that

1592

district on or before September 1 of each year whose full-time or

1593

job-share responsibility is the classroom instruction of students

1594

in prekindergarten through grade 12, including full-time media

1595

specialists and guidance counselors serving students in

1596

prekindergarten through grade 12, who are funded through the

1597

Florida Education Finance Program. A "job-share" classroom

1598

teacher is one of two teachers whose combined full-time

1599

equivalent employment for the same teaching assignment equals one

1600

full-time classroom teacher.

1601

     (2) The Legislature, in the General Appropriations Act,

1602

shall determine funding for the Florida Teachers Lead Program.

1603

The funds appropriated are for classroom teachers to purchase, on

1604

behalf of the school district or charter school, classroom

1605

materials and supplies for the public school students assigned to

1606

them and may not be used to purchase equipment. The funds

1607

appropriated shall be used to supplement the materials and

1608

supplies otherwise available to classroom teachers. From the

1609

funds appropriated for the Florida Teachers Lead Program, the

1610

Commissioner of Education shall calculate an amount for each

1611

school district based upon each school district's proportionate

1612

share of the state's total unweighted FTE student enrollment and

1613

shall disburse the funds to the school districts by July 15.

1614

     (3) From the funds allocated to each school district for

1615

the Florida Teachers Lead Program, the district school board

1616

shall calculate an identical amount for each classroom teacher,

1617

which is that teacher's proportionate share of the total amount

1618

allocated to the district. A job-share classroom teacher may

1619

receive a prorated share of the amount provided to a full-time

1620

classroom teacher. The district school board and each charter

1621

school board shall provide each classroom teacher with his or her

1622

total proportionate share by September 30 of each year by any

1623

means determined appropriate by the district school board or

1624

charter school board, including, but not limited to, direct

1625

deposit, check, debit card, or purchasing card, notwithstanding

1626

any law to the contrary. Expenditures under the program are not

1627

subject to state or local competitive bidding requirements. Funds

1628

received by a classroom teacher do not affect wages, hours, or

1629

terms and conditions of employment and, therefore, are not

1630

subject to collective bargaining. Any classroom teacher may

1631

decline receipt of or return the funds without explanation or

1632

cause. This subsection shall apply retroactively to July 1, 2007.

1633

     (4) Each classroom teacher must sign a statement

1634

acknowledging receipt of the funds, keep receipts for no less

1635

than 4 years to show that funds expended meet the requirements of

1636

this section, and return any unused funds to the district school

1637

board at the end of the regular school year. Any unused funds

1638

that are returned to the district school board shall be deposited

1639

into the school advisory council account of the school at which

1640

the classroom teacher returning the funds was employed when that

1641

teacher received the funds or deposited into the Florida Teachers

1642

Lead Program account of the school district in which a charter

1643

school is sponsored, as applicable.

1644

     (5) The statement must be signed and dated by each

1645

classroom teacher before receipt of the Florida Teachers Lead

1646

Program funds and shall include the wording: "I, (name of

1647

teacher) , am employed by the County District School Board

1648

or by the Charter School as a full-time classroom teacher. I

1649

acknowledge that Florida Teachers Lead Program funds are

1650

appropriated by the Legislature for the sole purpose of

1651

purchasing classroom materials and supplies to be used in the

1652

instruction of students assigned to me. In accepting custody of

1653

these funds, I agree to keep the receipts for all expenditures

1654

for no less than 4 years. I understand that if I do not keep the

1655

receipts, it will be my personal responsibility to pay any

1656

federal taxes due on these funds. I also agree to return any

1657

unexpended funds to the district school board at the end of the

1658

regular school year for deposit into the school advisory council

1659

account of the school where I was employed at the time I received

1660

the funds or for deposit into the Florida Teachers Lead Program

1661

account of the school district in which the charter school is

1662

sponsored, as applicable."

1663

     Section 29.  Paragraphs (b) and (c) of subsection (2) of

1664

section 1013.12, Florida Statutes, are redesignated as paragraphs

1665

(c) and (d), respectively, and a new paragraph (b) is added to

1666

that subsection to read:

1667

     1013.12  Casualty, safety, sanitation, and firesafety

1668

standards and inspection of property.--

1669

     (2)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL

1670

BOARDS.--

1671

     (b) Each school cafeteria must post in a visible location

1672

and on the school website the school's semiannual sanitation

1673

certificate and a copy of its most recent sanitation inspection

1674

report.

1675

     Section 30.  Except as otherwise expressly provided in this

1676

act, this act shall take effect July 1, 2008.

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