Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 1914

343336

CHAMBER ACTION

Senate

Comm: RCS

4/15/2008

House

The Committee on Education Pre-K - 12 Appropriations

(Constantine) recommended the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

Section 1. Subsection (7) of section 1000.21, Florida

Statutes, is amended to read:

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

20 Education Code:

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

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

curricular are standards established under s. 1003.41. The term

includes the Sunshine State Standards that are in place for a

subject until the standards for that subject are replaced under

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

identify what public school students should know and be able to

do. These standards delineate the academic achievement of

students for which the state will hold its public schools

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

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

health and physical education, foreign languages, reading,

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

literacy.

Section 2. Subsection (1) of section 1001.03, Florida

Statutes, is amended to read:

1001.03 Specific powers of State Board of Education.--

(1) PUBLIC K-12 CURRICULAR STUDENT PERFORMANCE

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

periodically review and revise approve the student performance

standards known as the Sunshine State Standards in accordance

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

state board shall establish a schedule to facilitate the periodic

review of the standards to ensure adequate rigor, relevance,

logical student progression, and integration of reading, writing,

and mathematics across all subject areas. The standards review by

subject area must include participation of curriculum leaders in

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

area integration and to address the instructional requirements of

different learning styles. The process for review and proposed

revisions must include leadership and input from the state's

classroom teachers, school administrators, and community colleges

and universities, and from representatives from business and

industry who are identified by local education foundations. A

report including proposed revisions must be submitted to the

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

House of Representatives annually to coincide with the

established review schedule. The review schedule and an annual

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

the Senate, and the Speaker of the House of Representatives

annually not later than January 1.

Section 3. Paragraph (a) of subsection (1) of section

1001.452, Florida Statutes, is amended to read:

1001.452 District and school advisory councils.--

(1) ESTABLISHMENT.--

(a) The district school board shall establish an advisory

council for each school in the district and shall develop

procedures for the election and appointment of advisory council

members. Each school advisory council shall include in its name

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

shall be the sole body responsible for final decisionmaking at

the school relating to implementation of the provisions of ss.

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

school advisory council must be persons who are not employed by

the school district. Each advisory council shall be composed of

the principal and an appropriately balanced number of teachers,

education support employees, students, parents, and other

business and community citizens who are representative of the

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

Career center and high school advisory councils shall include

students, and middle and junior high school advisory councils may

include students. School advisory councils of career centers and

adult education centers are not required to include parents as

members. Council members representing teachers, education support

employees, students, and parents shall be elected by their

respective peer groups at the school in a fair and equitable

manner as follows:

1. Teachers shall be elected by teachers.

2. Education support employees shall be elected by

education support employees.

3. Students shall be elected by students.

4. Parents shall be elected by parents.

The district school board shall establish procedures for use by

schools in selecting business and community members that include

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

possible members from local business, chambers of commerce,

community and civic organizations and groups, and the public at

large. The district school board shall review the membership

composition of each advisory council. If the district school

board determines that the membership elected by the school is not

representative of the ethnic, racial, and economic community

served by the school, the district school board shall appoint

additional members to achieve proper representation. The

commissioner shall determine if schools have maximized their

efforts to include on their advisory councils minority persons

and persons of lower socioeconomic status. Although schools are

strongly encouraged to establish school advisory councils, the

district school board of any school district that has a student

100

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

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council which shall include at least one duly elected teacher

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

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advisory councils and district advisory councils, the term

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"teacher" shall include classroom teachers, certified student

105

services personnel, and media specialists. For purposes of this

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paragraph, "education support employee" means any person employed

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by a school who is not defined as instructional or administrative

108

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

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more hours in each normal working week.

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Section 4. Section 1003.41, Florida Statutes, is amended to

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read:

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1003.41 Sunshine State Standards.--

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

114

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

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shall review the Sunshine State Standards and replace them with

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the Next Generation Sunshine State Standards that establish the

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

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specify the core content knowledge and skills that the next

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generation of K-12 public school students are expected to

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acquire. The Next Generation Sunshine State Standards must, at a

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minimum:

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(a) Establish the core curricular content for language

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

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1. Language arts standards must establish specific

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

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literary analysis, the writing process, writing applications,

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communication, and information and media literacy. The standards

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must include distinct grade-level expectations for the core

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content knowledge and skills that a student is expected to have

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acquired by each individual grade level from kindergarten through

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grade 8. The standards for grades 9-12 may be organized by grade

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clusters of more than one grade level or strands within the

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content area. The State Board of Education shall, in accordance

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with the expedited schedule established under subsection (2),

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review and replace the reading and language arts standards

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adopted by the state board in 2007 with Next Generation Sunshine

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State Standards that comply with this subparagraph.

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2. Science standards must establish specific curricular

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

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

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include distinct grade-level expectations for the core content

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knowledge and skills that a student is expected to have acquired

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by each individual grade level from kindergarten through grade 8.

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

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grade clusters of more than one grade level.

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3. Mathematics standards must establish specific curricular

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

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statistics, calculus, discrete mathematics, financial literacy,

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and trigonometry. The standards must include distinct grade-level

150

expectations for the core content knowledge and skills that a

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student is expected to have acquired by each individual grade

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level from kindergarten through grade 8. The mathematics

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standards for grades 9 through 12 may be organized by grade

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clusters of more than one grade level.

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4. Social studies standards must establish specific

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

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

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The standards must include distinct grade-level expectations for

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the core content knowledge and skills that a student is expected

160

to have acquired by each individual grade level from kindergarten

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through grade 8. The social studies standards for grades 9

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

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grade level.

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(b) Establish the core curricular content for visual and

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performing arts, physical education, health, and foreign

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languages. Standards for these subjects must establish specific

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curricular content and include distinct grade-level expectations

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for the core content knowledge and skills that a student is

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expected to have acquired by each individual grade level from

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kindergarten through grade 5. The standards for grades 6 through

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

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level.

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expected to learn for each subject at each individual grade level

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in order to acquire the broad background knowledge needed for

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reading comprehension.

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

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sequential progression of core curricular content that

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incrementally increases a student's core content knowledge and

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skills over time.

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

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communication, reading, and writing skills; mathematics skills;

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collaboration skills; contextual and applied-learning skills;

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technology-literacy skills; information and media-literacy

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skills; and civic-engagement skills.

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(f) Be organized according to a uniform structure and

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format that is consistent for each subject. The Next Generation

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

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use the same alphanumeric coding system.

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(g) Be aligned to expectations for success in postsecondary

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education and high-skill, high-wage employment.

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

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shall establish an expedited schedule for adoption of the Next

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Generation Sunshine State Standards and shall establish by rule a

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schedule for the periodic review and revision of the standards.

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The state board shall adopt the Next Generation Sunshine State

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Standards for each subject by December 31, 2011.

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

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submit to the State Board of Education proposed Next Generation

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Sunshine State Standards, and periodically submit proposed

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revisions to the standards, for adoption by the state board

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

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commissioner, in developing the proposed standards, shall consult

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

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

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consider standards that are implemented by other states or

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nations and regarded as exceptionally rigorous by the curricular

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and content experts. The commissioner may also consult with

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curricular and content experts in other subjects.

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(b) The commissioner shall submit the proposed standards

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for review and comment by state educators, school administrators,

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representatives of community colleges and state universities who

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have expertise in the content knowledge and skills necessary to

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prepare a student for postsecondary education, and leaders in

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business and industry. The commissioner, after considering any

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comments and making any revisions to the proposed standards,

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shall submit the standards for written evaluation by renowned

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experts on K-12 curricular standards and content.

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standards, shall submit the standards and evaluations by the

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curricular and content experts to the Governor, the President of

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

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least 21 days before the State Board of Education considers

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adoption of the proposed standards.

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

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

227

have been adopted by the State Board of Education and delineate

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the academic achievement of students, for which the state will

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

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the subjects of language arts, mathematics, science, social

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

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

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government, geography, economics, and computer literacy.

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Section 5. Paragraph (i) of subsection (3) of section

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1003.413, Florida Statutes, is amended to read:

236

1003.413 Florida Secondary School Redesign Act.--

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(3) Based on these guiding principles, district school

238

boards shall establish policies to implement the requirements of

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

240

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

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electronic personal education plan pursuant to s. 1003.4156 and

242

procedures for high school students who have not prepared an

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electronic personal education plan pursuant to s. 1003.4156 to

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prepare such plan.

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Section 6. Paragraph (a) of subsection (2) and paragraph

246

(b) of subsection (4) of section 1003.428, Florida Statutes, are

247

amended to read:

248

1003.428 General requirements for high school graduation;

249

revised.--

250

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

251

integrated, and combined courses approved by the Department of

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Education and shall be distributed as follows:

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(a) Sixteen core curriculum credits:

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1. Four credits in English, with major concentration in

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composition, reading for information, and literature.

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

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

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higher-level mathematics course. School districts are encouraged

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to set specific goals to increase enrollments in, and successful

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completion of, geometry and Algebra II.

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

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laboratory component.

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

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

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

266

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

267

speech and debate or practical arts.

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6. One credit in physical education to include integration

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of health. Participation in an interscholastic sport at the

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junior varsity or varsity level for two full seasons shall

271

satisfy the one-credit requirement in physical education if the

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student passes a competency test on personal fitness with a score

273

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

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developed by the Department of Education. A district school board

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may not require that the one credit in physical education be

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

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

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activity class that requires participation in marching band

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activities as an extracurricular activity, or in a dance class

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

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

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the personal fitness requirement or the requirement for adaptive

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physical education under an individual education plan (IEP) or

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

285

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

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drills, shall satisfy the one-credit requirement in physical

287

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

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credit may not be used to satisfy the personal fitness

289

requirement or the requirement for adaptive physical education

290

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

291

(4) Each district school board shall establish standards

292

for graduation from its schools, which must include:

293

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

294

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

295

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

296

1008.22(10) s. 1008.22(9).

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Each district school board shall adopt policies designed to

299

assist students in meeting the requirements of this subsection.

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

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policies, summer school or before or after school attendance,

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special counseling, volunteers or peer tutors, school-sponsored

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help sessions, homework hotlines, and study skills classes.

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Forgiveness policies for required courses shall be limited to

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

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

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

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comparable course. Forgiveness policies for elective courses

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

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

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

312

subsequently in another course. The only exception to these

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forgiveness policies shall be made for a student in the middle

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grades who takes any high school course for high school credit

315

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

316

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

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

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

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earned subsequently in the same or comparable course. In all

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

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

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grade not replaced according to a district school board

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forgiveness policy shall be included in the calculation of the

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cumulative grade point average required for graduation.

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Section 7. Section 1003.4285, Florida Statutes, is created

326

to read:

327

1003.4285 Standard high school diploma designations.--By

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

329

shall include, as applicable:

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

331

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

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1003.428.

333

(2) A designation reflecting completion of accelerated

334

college credit courses if the student is eligible for college

335

credit pursuant to s. 1007.27 in four or more advanced placement,

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International Baccalaureate, Advanced International Certificate

337

of Education, or dual enrollment courses. The Commissioner of

338

Education shall establish guidelines for successful passage of

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examinations or coursework in each of the accelerated college

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credit options for purposes of this subsection.

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(3) A designation reflecting career education certification

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in accordance with s. 1003.431.

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(4) A designation reflecting Florida Ready to Work

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Certification in accordance with s. 1004.99.

345

Section 8. Paragraph (a) of subsection (6) of section

346

1003.429, Florida Statutes, is amended to read:

347

1003.429 Accelerated high school graduation options.--

348

(6) Students pursuing accelerated 3-year high school

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

350

(1)(c) are required to:

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

352

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

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

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1008.22(10) s. 1008.22(9).

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

357

be applied to those courses specifically listed or identified by

358

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

359

by the district school board for class ranking purposes.

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Section 9. Paragraph (a) of subsection (5) of section

361

1003.43, Florida Statutes, is amended to read:

362

1003.43 General requirements for high school graduation.--

363

(5) Each district school board shall establish standards

364

for graduation from its schools, and these standards must

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include:

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

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

368

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

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1008.22(10) s. 1008.22(9).

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The standards required in this subsection, and any subsequent

372

modifications, shall be reprinted in the Florida Administrative

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Code even though not defined as "rules."

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Section 10. Subsection (1) of section 1003.433, Florida

375

Statutes, is amended to read:

376

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

377

of-country transfer students and students needing additional

378

instruction to meet high school graduation requirements.--

379

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

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

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country shall not be required to spend additional time in a

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Florida public school in order to meet the high school course

383

requirements if the student has met all requirements of the

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

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transferring. Such students who are not proficient in English

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should receive immediate and intensive instruction in English

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language acquisition. However, to receive a standard high school

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

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

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

391

1008.22(9).

392

Section 11. Paragraph (d) of subsection (6) of section

393

1003.63, Florida Statutes, is amended to read:

394

1003.63 Deregulated public schools pilot program.--

395

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

396

the operation of a deregulated public school shall be considered

397

in advance and written into the proposal.

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

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

400

Education, the Commissioner of Education, the President of the

401

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

402

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

403

performance of students, to include all students in deregulated

404

public schools whose scores are counted as part of the statewide

405

assessment tests, versus comparable public school students in the

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district as determined by statewide assessments administered

407

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

408

appropriate, the Florida Writes Assessment Test, and other

409

assessments administered pursuant to s. 1008.22(3).

410

Section 12. Paragraphs (c) and (d) of subsection (3) of

411

section 1004.85, Florida Statutes, are amended to read:

412

1004.85 Postsecondary educator preparation institutes.--

413

(3) Educator preparation institutes approved pursuant to

414

this section may offer alternative certification programs

415

specifically designed for noneducation major baccalaureate degree

416

holders to enable program participants to meet the educator

417

certification requirements of s. 1012.56. Such programs shall be

418

competency-based educator certification preparation programs that

419

prepare educators through an alternative route. An educator

420

preparation institute choosing to offer an alternative

421

certification program pursuant to the provisions of this section

422

must implement a program previously approved by the Department of

423

Education for this purpose or a program developed by the

424

institute and approved by the department for this purpose.

425

Approved programs shall be available for use by other approved

426

educator preparation institutes.

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approved pursuant to this subsection, a participant shall receive

429

a credential from the sponsoring institution signifying

430

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

431

relating to mastery of professional preparation and education

432

competence. A participant shall be eligible for educator

433

certification through the Department of Education upon

434

satisfaction of all requirements for certification set forth in

435

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

436

knowledge, subject area knowledge, and professional preparation

437

and education competence, through testing or other statutorily

438

authorized means.

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(d) If an institution offers an alternative certification

440

program approved pursuant to this subsection, such program may be

441

used by the school district or districts served by that

442

institution in addition to the alternative certification program

443

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

444

Section 13. Paragraph (d) of subsection (3) of section

445

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

446

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

447

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

448

1004.99 Florida Ready to Work Certification Program.--

449

(3) The Florida Ready to Work Certification Program shall

450

be composed of:

451

(d) A Florida Ready to Work Credential certificate and

452

portfolio awarded to students upon successful completion of the

453

instruction. Each portfolio must delineate the skills

454

demonstrated by the student as evidence of the student's

455

preparation for employment.

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

457

a student who successfully passes assessments in Reading for

458

Information, Applied Mathematics, and Locating Information or any

459

other assessments of comparable rigor. Each assessment shall be

460

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

461

student receives is based on the following:

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

463

or above on each of the assessments.

464

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

465

or above on each of the assessments.

466

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or above on each of the assessments.

468

Section 14. Paragraph (c) of subsection (2) of section

469

1007.21, Florida Statutes, is amended to read:

470

1007.21 Readiness for postsecondary education and the

471

workplace.--

472

(2)

473

474

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

475

school students second semester sophomores who have chosen one of

476

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

477

used to target additional instructional needs in reading,

478

writing, and mathematics prior to graduation.

479

Section 15. Paragraph (b) of subsection (2) of section

480

1007.235, Florida Statutes, is amended to read:

481

1007.235 District interinstitutional articulation

482

agreements.--

483

(2) The district interinstitutional articulation agreement

484

for each school year must be completed before high school

485

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

486

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

487

components:

488

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

489

students eligible to participate in dual enrollment. This

490

delineation must include a plan for the community college to

491

provide guidance services to participating students on the

492

selection of courses in the dual enrollment program. The process

493

of community college guidance should make maximum use of the

494

automated advisement system for community colleges. The plan must

495

assure that each dual enrollment student is encouraged to

496

identify a postsecondary education objective with which to guide

497

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

498

include a list of courses that will result in an Applied

499

Technology Diploma, an Associate in Science degree, or an

500

Associate in Arts degree. If the student identifies a

501

baccalaureate degree as the objective, the plan must include

502

courses that will meet the general education requirements and any

503

prerequisite requirements for entrance into a selected

504

baccalaureate degree program.

505

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

506

parents are informed about opportunities to participate in

507

articulated acceleration programs.

508

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

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parents exercise their option to participate in an articulated

510

acceleration program.

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4. A delineation of high school credits earned for

512

completion of each dual enrollment course.

513

5. Provision for postsecondary courses that meet the

514

criteria for inclusion in a district articulated acceleration

515

program to be counted toward meeting the graduation requirements

516

of s. 1003.43.

517

6. An identification of eligibility criteria for student

518

participation in dual enrollment courses and programs.

519

7. A delineation of institutional responsibilities

520

regarding student screening prior to enrollment and monitoring

521

student performance subsequent to enrollment in dual enrollment

522

courses and programs.

523

8. An identification of the criteria by which the quality

524

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

525

delineation of institutional responsibilities for the maintenance

526

of instructional quality.

527

9. A delineation of institutional responsibilities for

528

assuming the cost of dual enrollment courses and programs that

529

includes such responsibilities for student instructional

530

materials.

531

10. An identification of responsibility for providing

532

student transportation if the dual enrollment instruction is

533

conducted at a facility other than the high school campus.

534

11. A delineation of the process for converting college

535

credit hours earned through dual enrollment and early admission

536

programs to high school credit based on mastery of course

537

outcomes as determined by the Department of Education in

538

accordance with s. 1007.271(6).

539

12. An identification of the responsibility of the

540

postsecondary educational institution for assigning letter grades

541

for dual enrollment courses and the responsibility of school

542

districts for posting dual enrollment course grades to the high

543

school transcript as assigned by the postsecondary institution

544

awarding the credit.

545

Section 16. Paragraphs (a) and (c) of subsection (3),

546

subsections (4) and (5), paragraph (c) of subsection (6), and

547

subsections (7), (8), (9), (10), and (11) of section 1008.22,

548

Florida Statutes, are amended to read:

549

1008.22 Student assessment program for public schools.--

550

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

551

design and implement a statewide program of educational

552

assessment that provides information for the improvement of the

553

operation and management of the public schools, including schools

554

operating for the purpose of providing educational services to

555

youth in Department of Juvenile Justice programs. The

556

commissioner may enter into contracts for the continued

557

administration of the assessment, testing, and evaluation

558

programs authorized and funded by the Legislature. Contracts may

559

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

560

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

561

The commissioner is authorized to negotiate for the sale or lease

562

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

563

materials developed pursuant to law. Pursuant to the statewide

564

assessment program, the commissioner shall:

565

(a) Submit proposed Next Generation Sunshine State

566

Standards to the State Board of Education for adoption and

567

periodic review and revision under s. 1003.41 a list that

568

specifies student skills and competencies to which the goals for

569

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

570

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

571

skills and competencies must include problem-solving and higher-

572

order skills as appropriate and shall be known as the Sunshine

573

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

574

select such skills and competencies after receiving

575

recommendations from educators, citizens, and members of the

576

business community. The commissioner shall submit to the State

577

Board of Education revisions to the list of student skills and

578

competencies in order to maintain continuous progress toward

579

improvements in student proficiency.

580

581

program known as the Florida Comprehensive Assessment Test (FCAT)

582

as part of the statewide assessment program to measure reading,

583

writing, science, and mathematics. Other content areas may be

584

included as directed by the commissioner. The assessment of

585

reading and mathematics shall be administered annually in grades

586

3 through 10. The assessment of writing and science shall be

587

administered at least once at the elementary, middle, and high

588

school levels. End-of-course assessments may be administered in

589

addition to the comprehensive assessments required under this

590

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

591

standardized, and approved by the department. The content

592

knowledge and skills assessed by comprehensive and end-of-course

593

assessments must be aligned to the core curricular content

594

established in the Sunshine State Standards. The Commissioner of

595

Education may select one or more nationally developed

596

comprehensive examinations, which may include, but need not be

597

limited to, examinations for a College Board Advanced Placement

598

course, International Baccalaureate course, industry-approved

599

examinations to earn national industry certifications as defined

600

in s. 1003.492, or Advanced International Certificate of

601

Education course, for use as end-of-course assessments under this

602

paragraph, if the Commissioner determines that the content

603

knowledge and skills assessed by the examinations meet or exceed

604

the grade-level expectations of the Sunshine State Standards for

605

the course. The commissioner must document the procedures used to

606

ensure that the versions of the FCAT which are taken by students

607

retaking the grade 10 FCAT are equally as challenging and

608

difficult as the tests taken by students in grade 10 which

609

contain performance tasks. The testing program must be designed

610

as follows so that:

611

1. The tests shall measure student skills and competencies

612

adopted by the State Board of Education as specified in paragraph

613

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

614

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

615

science. The commissioner shall provide for the tests to be

616

developed or obtained, as appropriate, through contracts and

617

project agreements with private vendors, public vendors, public

618

agencies, postsecondary educational institutions, or school

619

districts. The commissioner shall obtain input with respect to

620

the design and implementation of the testing program from state

621

educators, assistive technology experts, and the public.

622

2. The testing program shall be composed will include a

623

combination of norm-referenced and criterion-referenced tests

624

that shall and include, to the extent determined by the

625

commissioner, include test items questions that require the

626

student to produce information or perform tasks in such a way

627

that the core content knowledge and skills and competencies he or

628

she uses can be measured.

629

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

630

commissioner shall discontinue administration of the selected-

631

response test items on the comprehensive assessments of writing.

632

Beginning with the 2012-2013 school year, the comprehensive

633

assessments of writing shall be composed of a combination of

634

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

635

and extended-response performance tasks, which shall measure a

636

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

637

limited to, paragraph and sentence structure, sentence

638

construction, grammar and usage, punctuation, capitalization,

639

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

640

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

641

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

642

a test of writing in which students are required to produce

643

writings that are then scored by appropriate and timely methods.

644

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

645

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

646

inadequate. The school districts shall provide appropriate

647

remedial instruction to students who score below these levels.

648

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

649

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

650

10 assessment test described in this paragraph or attain

651

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

652

writing, and mathematics to qualify for a standard high school

653

diploma. The State Board of Education shall designate a passing

654

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

655

establishing passing scores, the state board shall consider any

656

possible negative impact of the test on minority students. The

657

State Board of Education shall adopt rules which specify the

658

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

659

the effect of raising the required passing scores, shall only

660

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

661

time after such rules are adopted by the State Board of

662

Education.

663

6. Participation in the testing program is mandatory for

664

all students attending public school, including students served

665

in Department of Juvenile Justice programs, except as otherwise

666

prescribed by the commissioner. If a student does not participate

667

in the statewide assessment, the district must notify the

668

student's parent and provide the parent with information

669

regarding the implications of such nonparticipation. A parent

670

must provide signed consent for a student to receive classroom

671

instructional accommodations that would not be available or

672

permitted on the statewide assessments and must acknowledge in

673

writing that he or she understands the implications of such

674

instructional accommodations. The State Board of Education shall

675

adopt rules, based upon recommendations of the commissioner, for

676

the provision of test accommodations for students in exceptional

677

education programs and for students who have limited English

678

proficiency. Accommodations that negate the validity of a

679

statewide assessment are not allowable in the administration of

680

the FCAT. However, instructional accommodations are allowable in

681

the classroom if included in a student's individual education

682

plan. Students using instructional accommodations in the

683

classroom that are not allowable as accommodations on the FCAT

684

may have the FCAT requirement waived pursuant to the requirements

685

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

686

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

687

the same testing requirements that a regular high school student

688

must meet.

689

8. District school boards must provide instruction to

690

prepare students to demonstrate proficiency in the skills and

691

competencies necessary for successful grade-to-grade progression

692

and high school graduation. If a student is provided with

693

instructional accommodations in the classroom that are not

694

allowable as accommodations in the statewide assessment program,

695

as described in the test manuals, the district must inform the

696

parent in writing and must provide the parent with information

697

regarding the impact on the student's ability to meet expected

698

proficiency levels in reading, writing, and math. The

699

commissioner shall conduct studies as necessary to verify that

700

the required skills and competencies are part of the district

701

instructional programs.

702

9. District school boards must provide opportunities for

703

students to demonstrate an acceptable level of performance on an

704

alternative standardized assessment approved by the State Board

705

of Education following enrollment in summer academies.

706

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

707

and implement a common battery of assessment tools that will be

708

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

709

must accurately measure the skills and competencies established

710

in the Sunshine State Standards.

711

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

712

1003.438, the Department of Education must develop or select and

713

implement an alternate assessment tool that accurately measures

714

the skills and competencies established in the Sunshine State

715

Standards for students with disabilities under s. 1003.438.

716

12. The Commissioner of Education shall establish schedules

717

for the administration of statewide assessments and the reporting

718

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

719

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

720

the department's Internet website the testing and reporting

721

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

722

upcoming school year. The testing and reporting schedules shall

723

require that:

724

a. There is the latest possible administration of statewide

725

assessments and the earliest possible reporting to the school

726

districts of student test results which is feasible within

727

available technology and specific appropriations; however, test

728

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

729

regular school year for students.

730

b. Beginning with the 2012-2011 school year, a

731

comprehensive statewide assessment of writing is not administered

732

earlier than the week of March 1 and a comprehensive statewide

733

assessment of any other subject is not administered earlier than

734

the week of April 15.

735

c. The department-approved, end-of-course assessment is

736

administered within the last 2 weeks of the course.

737

738

The commissioner may, based on collaboration and input from

739

school districts, design and implement student testing programs,

740

for any grade level and subject area, necessary to effectively

741

monitor educational achievement in the state, including the

742

measurement of educational achievement of the Sunshine State

743

Standards for students with disabilities. Development and

744

refinement of assessments shall include universal design

745

principles and accessibility standards that will prevent any

746

unintended obstacles for students with disabilities while

747

ensuring the validity and reliability of the test. These

748

principles should be applicable to all technology platforms and

749

assistive devices available for the assessments. The field

750

testing process and psychometric analyses for the statewide

751

assessment program must include an appropriate percentage of

752

students with disabilities and an evaluation or determination of

753

the effect of test items on such students.

754

(4) STATEWIDE ASSESSMENT PREPARATION; PROHIBITED

755

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

756

school board shall prohibit each public school from suspending a

757

regular program of curricula for purposes of administering

758

practice tests or engaging in other test-preparation activities

759

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

760

authorize a public school to engage in the following test-

761

preparation activities for a statewide assessment:

762

(a) Distributing to students the sample test books and

763

answer keys published by the Department of Education;

764

(b) Providing individualized instruction in test-taking

765

strategies, without suspending the school's regular program of

766

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

767

prior administration of the statewide assessment;

768

769

knowledge and skills assessed, without suspending the school's

770

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

771

or Level 2 on a prior administration of the statewide assessment,

772

or a student who, through a diagnostic assessment administered by

773

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

774

content knowledge and skills assessed;

775

(d) Incorporating test-taking exercises and strategies

776

into curricula for intensive reading and mathematics intervention

777

courses; and

778

(e) Administering a practice test or engaging in other

779

test-preparation activities for the statewide assessment which

780

are determined necessary to familiarize students with the

781

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

782

the test directions, or which are otherwise necessary for the

783

valid and reliable administration of the assessment, as set forth

784

in rules adopted by the State Board of Education with specific

785

reference to this paragraph.

786

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

787

board shall periodically assess student performance and

788

achievement within each school of the district. The assessment

789

programs must be based upon local goals and objectives that are

790

compatible with the state plan for education and that supplement

791

the skills and competencies adopted by the State Board of

792

Education. All school districts must participate in the statewide

793

assessment program designed to measure annual student learning

794

and school performance. All district school boards shall report

795

assessment results as required by the state management

796

information system.

797

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

798

participate in the statewide assessment program, unless

799

specifically exempted by state board rule based on serving a

800

specialized population for which standardized testing is not

801

appropriate. Student performance data shall be analyzed and

802

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

803

performance data shall be used in developing objectives of the

804

school improvement plan, evaluation of instructional personnel,

805

evaluation of administrative personnel, assignment of staff,

806

allocation of resources, acquisition of instructional materials

807

and technology, performance-based budgeting, and promotion and

808

assignment of students into educational programs. The analysis of

809

student performance data also must identify strengths and needs

810

in the educational program and trends over time. The analysis

811

must be used in conjunction with the budgetary planning processes

812

developed pursuant to s. 1008.385 and the development of the

813

programs of remediation.

814

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

815

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

816

student achievement testing program:

817

818

provide for valid statewide comparisons of learning gains to be

819

made for purposes of accountability and recognition. The

820

commissioner shall establish a schedule for the administration of

821

the statewide assessments. In establishing such schedule, the

822

commissioner is charged with the duty to accomplish the latest

823

possible administration of the statewide assessments and the

824

earliest possible provision of the results to the school

825

districts feasible within available technology and specific

826

appropriation. District school boards shall not establish school

827

calendars that jeopardize or limit the valid testing and

828

comparison of student learning gains.

829

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

830

gains of students in all subjects and grade levels other than

831

subjects and grade levels required for the state student

832

achievement testing program is the responsibility of the school

833

districts.

834

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

835

(a) If the Commissioner of Education revises a statewide

836

assessment and the revisions require the State Board of Education

837

to modify the assessment's proficiency levels or modify the

838

passing scores required for a standard high school diploma, until

839

the state board adopts the modifications by rule the commissioner

840

shall use calculations for scoring the assessment which adjust

841

student scores on the revised assessment for statistical

842

equivalence to student scores on the former assessment.

843

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

844

statewide assessment required testing requirements for a standard

845

high school diploma which are graduation that were in effect at

846

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

847

student's enrollment is was continuous.

848

849

the revisions require the State Board of Education to modify the

850

passing scores required for a standard high school diploma, the

851

commissioner may, with approval of the state board, discontinue

852

administration of the former assessment upon the graduation,

853

based on normal student progression, of students participating in

854

the final regular administration of the former assessment. The

855

state board shall adopt by rule passing scores for the revised

856

assessment which are statistically equivalent to passing scores

857

on the discontinued assessment for a student required under

858

paragraph (b) to attain passing scores on the discontinued

859

assessment.

860

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

861

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

862

and concordant data sets for widely used high school achievement

863

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

864

and College Placement Test, to assess if concordant scores for

865

FCAT scores can be determined for high school graduation, college

866

placement, and scholarship awards. In cases where content

867

alignment and concordant scores can be determined, the

868

Commissioner of Education shall adopt those scores as meeting the

869

graduation requirement in lieu of achieving the FCAT passing

870

score and may adopt those scores as being sufficient to achieve

871

additional purposes as determined by rule. Each time that test

872

content or scoring procedures change are changed for the FCAT or

873

for a high school achievement test for which a concordant score

874

is determined one of the identified tests, new concordant scores

875

must be determined.

876

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

877

pursuant to this subsection to satisfy the assessment requirement

878

for a standard high school diploma as provided in s.

879

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

880

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

881

times without earning a passing score. The requirements of this

882

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

883

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

884

passing score on the FCAT or use an approved subject area

885

concordant score to fulfill the graduation requirement.

886

887

allowable uses, other than to satisfy the high school graduation

888

requirement, for concordant scores as described in this

889

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

890

achieving appropriate standardized test scores required for the

891

awarding of Florida Bright Futures Scholarships and college

892

placement.

893

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

894

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

895

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

896

following:

897

(a) Longitudinal performance of students in mathematics and

898

reading.

899

(b) Longitudinal performance of students by grade level in

900

mathematics and reading.

901

902

achievement gap.

903

(d) Longitudinal performance of students on the norm-

904

referenced component of the FCAT.

905

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

906

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

907

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

908

education rather than other secondary education.

909

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

910

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

911

provisions of this section.

912

Section 17. Paragraph (c) of subsection (1) of section

913

1008.31, Florida Statutes, is amended to read:

914

1008.31 Florida's K-20 education performance accountability

915

system; legislative intent; mission, goals, and systemwide

916

measures; data quality improvements.--

917

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

918

Legislature that:

919

920

comply with the accountability requirements of the "No Child Left

921

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

922

with Disabilities Education Act (IDEA).

923

Section 18. Subsection (3) of section 1008.34, Florida

924

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

925

section, to read:

926

1008.34 School grading system; school report cards;

927

district grade.--

928

(3) DESIGNATION OF SCHOOL GRADES.--

929

(a) Schools receiving a school grade.--Each school that has

930

students who are tested and included in the school grading

931

system, except an alternative school that receives a school

932

improvement rating pursuant to s. 1008.341, shall receive a

933

school grade, except as follows:

934

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

935

of its students tested and included in the school grading system

936

are fewer than the minimum sample size necessary, based on

937

accepted professional practice, for statistical reliability and

938

prevention of the unlawful release of personally identifiable

939

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

940

2. An alternative school may choose to receive a school

941

grade under this section or in lieu of a school improvement

942

rating under s. 1008.341.

943

3. Additionally, A school that serves any combination of

944

students in kindergarten through grade 3 which does not receive a

945

school grade because its students are not tested and included in

946

the school grading system shall receive the school grade

947

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

948

Department of Education and verified by the school district. A

949

school feeder pattern exists if at least 60 percent of the

950

students in the school serving a combination of students in

951

kindergarten through grade 3 are scheduled to be assigned to the

952

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

953

based on the following:

954

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

955

combination of:

956

1. Student achievement scores, including achievement scores

957

for students seeking a special diploma.

958

2. Student learning gains as measured by annual FCAT

959

assessments in grades 3 through 10; learning gains for students

960

seeking a special diploma, as measured by an alternate assessment

961

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

962

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

963

the school in reading, math, or writing on the FCAT, unless these

964

students are exhibiting satisfactory performance.

965

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

966

used in determining school grades shall include:

967

1. The aggregate scores of all eligible students enrolled

968

in the school who have been assessed on the FCAT.

969

2. The aggregate scores of all eligible students enrolled

970

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

971

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

972

percentile of students in the school in reading, math, or

973

writing, unless these students are exhibiting satisfactory

974

performance.

975

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

976

achievement scores and learning gains of eligible students

977

attending alternative schools that provide dropout prevention and

978

academic intervention services pursuant to s. 1003.53. The term

979

"eligible students" in this subparagraph does not include

980

students attending an alternative school who are subject to

981

district school board policies for expulsion for repeated or

982

serious offenses, who are in dropout retrieval programs serving

983

students who have officially been designated as dropouts, or who

984

are in programs operated or contracted by the Department of

985

Juvenile Justice. The student performance data for eligible

986

students identified in this subparagraph shall be included in the

987

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

988

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

989

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

990

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

991

alternative school chooses to be graded under pursuant to this

992

section, student performance data for eligible students

993

identified in this subparagraph shall not be included in the home

994

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

995

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

996

assign the FCAT scores of all students back to their home school

997

or to the alternative school that receives a grade shall forfeit

998

school recognition funds for 1 fiscal year. School districts must

999

require collaboration between the home school and the alternative

1000

school in order to promote student success. This collaboration

1001

must include an annual discussion between the principal of the

1002

alternative school and the principal of each student's home

1003

school concerning the most appropriate school assignment of the

1004

student.

1005

1006

The State Board of Education shall adopt appropriate criteria for

1007

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

1008

student achievement in reading. Schools designated with a grade

1009

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

1010

demonstrate that adequate progress has been made by students in

1011

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

1012

math, or writing on the FCAT, including Florida Writes, unless

1013

these students are exhibiting satisfactory performance.

1014

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

1015

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

1016

Section 19. Subsections (2) and (3) of section 1008.341,

1017

Florida Statutes, are amended, and subsection (6) is added to

1018

that section, to read:

1019

1008.341 School improvement rating for alternative

1020

schools.--

1021

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

1022

schools that provides provide dropout prevention and academic

1023

intervention services pursuant to s. 1003.53 shall receive a

1024

school improvement rating pursuant to this section. However, an

1025

alternative school shall not receive a school improvement rating

1026

if the number of its students for whom student performance data

1027

is available for the current year and previous year are fewer

1028

than the minimum sample size necessary, based on acceptable

1029

professional practice, for statistical reliability and prevention

1030

of the unlawful release of personally identifiable student data

1031

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

1032

rating shall identify an alternative school schools as having one

1033

of the following ratings defined according to rules of the State

1034

Board of Education:

1035

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

1036

the school are making more academic progress than when the

1037

students were served in their home schools.

1038

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

1039

the school are making progress equivalent to the progress made

1040

when the students were served in their home schools.

1041

1042

the school are making less academic progress than when the

1043

students were served in their home schools.

1044

1045

The school improvement rating shall be based on a comparison of

1046

student performance data for the current year and previous year.

1047

Schools that improve at least one level or maintain an

1048

"improving" rating pursuant to this section are eligible for

1049

school recognition awards pursuant to s. 1008.36.

1050

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

1051

used in determining an alternative school's school improvement

1052

rating shall include:

1053

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

1054

assigned to and enrolled in the school during the October or

1055

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

1056

have FCAT or comparable scores for the preceding school year.

1057

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

1058

assigned to and enrolled in the school during the October or

1059

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

1060

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

1061

of students in the state on FCAT Reading.

1062

1063

The assessment scores of students who are subject to district

1064

school board policies for expulsion for repeated or serious

1065

offenses, who are in dropout retrieval programs serving students

1066

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

1067

programs operated or contracted by the Department of Juvenile

1068

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

1069

improvement rating.

1070

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

1071

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

1072

Section 20. Present subsections (4) through (16) of section

1073

1012.56, Florida Statutes, are renumbered as subsections (5)

1074

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

1075

that section, to read:

1076

1012.56 Educator certification requirements.--

1077

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

1078

Standards are replaced by the Next Generation Sunshine State

1079

Standards under s.1001.03, the State Board of Education shall

1080

align the subject area examinations to the Next Generation

1081

Sunshine State Standards.

1082

Section 21. Subsection (1) of section 1012.57, Florida

1083

Statutes, is amended to read:

1084

1012.57 Certification of adjunct educators.--

1085

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

1086

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

1087

contrary, district school boards shall adopt rules to allow for

1088

the issuance of an adjunct teaching certificate to any applicant

1089

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

1090

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

1091

applicant shall be considered to have expertise in the subject

1092

area to be taught if the applicant demonstrates sufficient

1093

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

1094

adjunct teaching certificate shall be used for part-time teaching

1095

positions. The intent of this provision is to allow school

1096

districts to tap the wealth of talent and expertise represented

1097

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

1098

Florida public school by permitting school districts to issue

1099

adjunct certificates to qualified applicants. Adjunct

1100

certificateholders should be used as a strategy to reduce the

1101

teacher shortage; thus, adjunct certificateholders should

1102

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

1103

school principal shall assign an experienced peer mentor to

1104

assist the adjunct teaching certificateholder during the

1105

certificateholder's first year of teaching, and an adjunct

1106

certificateholder may participate in a district's new teacher

1107

training program. District school boards shall provide the

1108

adjunct teaching certificateholder an orientation in classroom

1109

management prior to assigning the certificateholder to a school.

1110

Each adjunct teaching certificate is valid for 5 school years and

1111

is renewable if the applicant has received satisfactory

1112

performance evaluations during each year of teaching under

1113

adjunct teaching certification.

1114

Section 22. Subsection (1) of section 1012.586, Florida

1115

Statutes, is amended to read:

1116

1012.586 Additions or changes to certificates; duplicate

1117

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

1118

Education website certificates for the following applications of

1119

public school employees:

1120

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

1121

valid Florida certificate on the basis of the completion of the

1122

appropriate subject area testing requirements of s. 1012.56(4)(a)

1123

s. 1012.56(5)(a) or the completion of the requirements of an

1124

approved school district program or the inservice components for

1125

an endorsement.

1126

1127

The employing school district shall charge the employee a fee not

1128

to exceed the amount charged by the Department of Education for

1129

such services. Each district school board shall retain a portion

1130

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

1131

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

1132

maintenance of the technology system, the web application, and

1133

posting and mailing of the certificate.

1134

Section 23. Effective upon this act becoming a law, section

1135

1012.71, Florida Statutes, is amended to read:

1136

(Substantial rewording of section. See

1137

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

1138

1012.71 The Florida Teachers Lead Program.--

1139

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

1140

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

1141

public school district or a public charter school in that

1142

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

1143

job-share responsibility is the classroom instruction of students

1144

in prekindergarten through grade 12, including full-time media

1145

specialists and guidance counselors serving students in

1146

prekindergarten through grade 12, who are funded through the

1147

Florida Education Finance Program. A "job-share classroom

1148

teacher" is one of two teachers whose combined full-time

1149

equivalent employment for the same teaching assignment equals one

1150

full-time classroom teacher.

1151

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

1152

shall determine funding for the Florida Teachers Lead Program.

1153

The funds appropriated are for classroom teachers to purchase, on

1154

behalf of the school district or charter school, classroom

1155

materials and supplies for the public school students assigned to

1156

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

1157

appropriated shall be used to supplement the materials and

1158

supplies otherwise available to classroom teachers. From the

1159

funds appropriated for the Florida Teachers Lead Program, the

1160

Commissioner of Education shall calculate an amount for each

1161

school district based upon each school district's proportionate

1162

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

1163

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

1164

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

1165

the Florida Teachers Lead Program, the district school board

1166

shall calculate an identical amount for each classroom teacher,

1167

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

1168

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

1169

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

1170

classroom teacher. The district school board and each charter

1171

school board shall provide each classroom teacher with his or her

1172

total proportionate share by September 30 of each year by any

1173

means determined appropriate by the district school board or

1174

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

1175

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

1176

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

1177

subject to state or local competitive bidding requirements. Funds

1178

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

1179

terms and conditions of employment and, therefore, are not

1180

subject to collective bargaining. Any classroom teacher may

1181

decline receipt of or return the funds without explanation or

1182

cause. This subsection applies retroactively to July 1, 2007.

1183

(4) Each classroom teacher must sign a statement

1184

acknowledging receipt of the funds, keep receipts for no less

1185

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

1186

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

1187

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

1188

that are returned to the district school board shall be deposited

1189

into the school advisory council account of the school at which

1190

the classroom teacher returning the funds was employed when that

1191

teacher received the funds or shall be deposited into the Florida

1192

Teachers Lead Program account of the school district in which a

1193

charter school is sponsored, as applicable.

1194

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

1195

classroom teacher before receipt of the Florida Teachers Lead

1196

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

1197

teacher) , am employed by the County District School Board

1198

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

1199

acknowledge that Florida Teachers Lead Program funds are

1200

appropriated by the Legislature for the sole purpose of

1201

purchasing classroom materials and supplies to be used in the

1202

instruction of students assigned to me. In accepting custody of

1203

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

1204

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

1205

receipts, it will be my personal responsibility to pay any

1206

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

1207

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

1208

regular school year for deposit into the school advisory council

1209

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

1210

the funds or for deposit into the Florida Teachers Lead Program

1211

account of the school district in which the charter school is

1212