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A bill to be entitled

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An act relating to education; amending s. 1000.21, F.S.;

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providing and revising definitions; amending s. 1001.03,

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F.S.; requiring the State Board of Education to

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periodically review and revise state curriculum standards;

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eliminating provisions requiring that the state board

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report proposed revisions to the Governor and the

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Legislature; amending s. 1001.452, F.S.; revising

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provisions relating to membership of school advisory

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councils; amending s. 1003.41, F.S.; requiring that the

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State Board of Education replace the Sunshine State

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Standards with the Next Generation Sunshine State

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Standards; providing for application of the Sunshine State

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Standards pending adoption of the Next Generation Sunshine

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State Standards; providing requirements concerning the

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content and organization of the Next Generation Sunshine

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State Standards; requiring that the Next Generation

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Sunshine State Standards establish core curricular content

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in specified areas for certain grades or grade clusters;

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requiring that the state board establish schedules for the

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adoption and revision of the Next Generation Sunshine

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State Standards; requiring that the state board adopt the

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Next Generation Sunshine State Standards by a specified

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date; requiring the Commissioner of Education to provide

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proposed Next Generation Sunshine State Standards or

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proposed revisions of such standards to the state board;

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providing requirements concerning the commissioner's

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development of the proposed standards or revisions;

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requiring consultation with certain experts; requiring

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distribution of a proposal developed by the commissioner

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for review and comment by certain experts; requiring a

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written evaluation of the proposal developed by the

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commissioner by a research institution meeting specified

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criteria; requiring provision of the commissioner's

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proposed standards and the written evaluation and comments

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to the Governor, the President of the Senate, and the

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Speaker of the House of Representatives; authorizing

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rulemaking by the State Board of Education; amending s.

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1003.413, F.S.; requiring policies of each district school

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board to address an annual review of student education

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plans; amending s. 1003.428, F.S.; revising courses that

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are acceptable for high school graduation; conforming a

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cross-reference; creating s. 1003.4285, F.S.; providing

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for high school diploma designations; amending ss.

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1003.429, 1003.43, and 1003.433,F.S.; conforming cross-

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references; amending s. 1003.63, F.S.; revising the type

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of assessment tests reported to the Governor and the

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Legislature relating to the deregulated public schools

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

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cross-references; amending s. 1004.99, F.S.; providing

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designations of Florida Ready to Work credentials;

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amending s. 1007.21, F.S., relating to postsecondary

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placement tests for high school students; authorizing the

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common placement test to be administered to high school

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students and not just second semester sophomores; amending

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s. 1007.235, F.S.; revising the components for the

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district interinstitutional articulation agreement to

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include secondary school and postsecondary institution

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responsibilities for calculation of grades; amending s.

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1008.22, F.S.; revising provisions governing application

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of testing requirements for high school graduation;

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providing criteria concerning the testing and scores

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required for a continuously enrolled student to earn a

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standard high school diploma; authorizing the commissioner

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to administer comprehensive end-of-course assessments;

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providing requirements for comprehensive and end-of-course

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assessments; authorizing the commissioner to select a

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nationally developed comprehensive examination for use as

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an end-of-course assessment; revising the design of the

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testing program; authorizing the commissioner to

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collaborate with the American Diploma Project to develop

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end-of-course assessments; authorizing the commissioner to

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discontinue administration of an outdated assessment under

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certain conditions; requiring the commissioner to

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establish schedules for the administration of statewide

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assessments and the reporting of student test results;

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providing requirements for the testing and reporting

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schedules; requiring district school boards to prohibit

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public schools from suspending a program of curricula for

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the administration of practice tests; authorizing a

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district school board to permit a school to engage in

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certain test-preparation activities; revising the

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applicability of testing standards under certain

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conditions; revising the requirements contained in the

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annual report by the department to the Governor and the

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Legislature; amending s. 1008.31, F.S.; declaring the

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legislative intent that the K-20 education system comply

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with the Individuals with Disabilities Education Act;

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amending s. 1008.34, F.S.; revising the exceptions for a

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school to receive a school grade; revising the student

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assessment data used in determining school grades;

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requiring a school district that fails to assign FCAT

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scores back to students' schools to forfeit school

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recognition funds for a specified time; requiring the

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collaboration between a home school and alternative school

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to be between the principals of each school in order to

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promote student success; authorizing the state board to

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adopt rules; amending s. 1008.341, F.S.; revising

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provisions for a school improvement rating for an

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alternative school; authorizing the state board to adopt

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rules; amending s. 1012.56, F.S.; requiring teacher

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certification exams to be aligned to revised curriculum

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standards; amending ss. 1012.57 and 1012.586, F.S.;

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

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providing definitions; revising requirements for the use

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of program funds by classroom teachers; providing for the

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disbursement of funds to school districts; specifying the

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means for providing a classroom teacher with his or her

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proportionate share of program funds; providing that funds

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received are not subject to competitive bidding

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requirements or collective bargaining; requiring each

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classroom teacher to sign a statement acknowledging

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receipt of funds; providing requirements for accounting of

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expenditures and reimbursement of funds under certain

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

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school cafeteria post certain information concerning its

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sanitation certificate and inspection; providing effective

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dates.

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

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

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Statutes, is amended to read:

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

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20 Education Code:

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

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

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curricular are standards established under s. 1003.41. The term

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includes the Sunshine State Standards that are in place for a

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subject until the standards for that subject are replaced under

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

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identify what public school students should know and be able to

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do. These standards delineate the academic achievement of

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students for which the state will hold its public schools

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

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

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health and physical education, foreign languages, reading,

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

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literacy.

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

141

Statutes, is amended to read:

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     1001.03  Specific powers of State Board of Education.--

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     (1) PUBLIC K-12 CURRICULAR STUDENT PERFORMANCE

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

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periodically review and revise approve the student performance

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standards known as the Sunshine State Standards in accordance

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

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state board shall establish a schedule to facilitate the periodic

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review of the standards to ensure adequate rigor, relevance,

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logical student progression, and integration of reading, writing,

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and mathematics across all subject areas. The standards review by

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subject area must include participation of curriculum leaders in

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

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area integration and to address the instructional requirements of

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different learning styles. The process for review and proposed

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revisions must include leadership and input from the state's

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classroom teachers, school administrators, and community colleges

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and universities, and from representatives from business and

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industry who are identified by local education foundations. A

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report including proposed revisions must be submitted to the

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

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House of Representatives annually to coincide with the

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established review schedule. The review schedule and an annual

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

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the Senate, and the Speaker of the House of Representatives

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annually not later than January 1.

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

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1001.452, Florida Statutes, is amended to read:

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     1001.452  District and school advisory councils.--

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     (1)  ESTABLISHMENT.--

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     (a)  The district school board shall establish an advisory

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council for each school in the district and shall develop

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procedures for the election and appointment of advisory council

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members. Each school advisory council shall include in its name

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

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shall be the sole body responsible for final decisionmaking at

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the school relating to implementation of the provisions of ss.

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

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school advisory council must be persons who are not employed by

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the school district. Each advisory council shall be composed of

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the principal and an appropriately balanced number of teachers,

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education support employees, students, parents, and other

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business and community citizens who are representative of the

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

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Career center and high school advisory councils shall include

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students, and middle and junior high school advisory councils may

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include students. School advisory councils of career centers and

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adult education centers are not required to include parents as

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members. Council members representing teachers, education support

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employees, students, and parents shall be elected by their

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respective peer groups at the school in a fair and equitable

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manner as follows:

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     1.  Teachers shall be elected by teachers.

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     2.  Education support employees shall be elected by

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education support employees.

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     3.  Students shall be elected by students.

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     4.  Parents shall be elected by parents.

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The district school board shall establish procedures for use by

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schools in selecting business and community members that include

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

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possible members from local business, chambers of commerce,

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community and civic organizations and groups, and the public at

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large. The district school board shall review the membership

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composition of each advisory council. If the district school

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board determines that the membership elected by the school is not

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representative of the ethnic, racial, and economic community

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served by the school, the district school board shall appoint

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additional members to achieve proper representation. The

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commissioner shall determine if schools have maximized their

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efforts to include on their advisory councils minority persons

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and persons of lower socioeconomic status. Although schools are

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strongly encouraged to establish school advisory councils, the

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district school board of any school district that has a student

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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

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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

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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

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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

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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

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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

278

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

287

level.

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

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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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     (c) The commissioner, upon finalizing the proposed

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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

342

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

350

1003.413, Florida Statutes, is amended to read:

351

     1003.413  Florida Secondary School Redesign Act.--

352

     (3)  Based on these guiding principles, district school

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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:

355

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

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electronic personal education plan pursuant to s. 1003.4156 and

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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

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

362

amended to read:

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     1003.428  General requirements for high school graduation;

364

revised.--

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

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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

373

higher-level mathematics course. School districts are encouraged

374

to set specific goals to increase enrollments in, and successful

375

completion of, geometry and Algebra II.

376

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

377

laboratory component.

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

379

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

380

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

381

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

382

speech and debate or practical arts.

383

     6.  One credit in physical education to include integration

384

of health. Participation in an interscholastic sport at the

385

junior varsity or varsity level for two full seasons shall

386

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

388

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

389

developed by the Department of Education. A district school board

390

may not require that the one credit in physical education be

391

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

392

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

393

activity class that requires participation in marching band

394

activities as an extracurricular activity, or in a dance class

395

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

396

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

397

the personal fitness requirement or the requirement for adaptive

398

physical education under an individual education plan (IEP) or

399

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

400

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

401

drills, shall satisfy the one-credit requirement in physical

402

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

403

credit may not be used to satisfy the personal fitness

404

requirement or the requirement for adaptive physical education

405

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

406

     (4)  Each district school board shall establish standards

407

for graduation from its schools, which must include:

408

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

409

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

410

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

411

1008.22(10) s. 1008.22(9).

412

413

Each district school board shall adopt policies designed to

414

assist students in meeting the requirements of this subsection.

415

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

416

policies, summer school or before or after school attendance,

417

special counseling, volunteers or peer tutors, school-sponsored

418

help sessions, homework hotlines, and study skills classes.

419

Forgiveness policies for required courses shall be limited to

420

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

421

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

422

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

423

comparable course. Forgiveness policies for elective courses

424

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

425

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

426

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

427

subsequently in another course. The only exception to these

428

forgiveness policies shall be made for a student in the middle

429

grades who takes any high school course for high school credit

430

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

431

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

432

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

433

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

434

earned subsequently in the same or comparable course. In all

435

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

436

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

437

grade not replaced according to a district school board

438

forgiveness policy shall be included in the calculation of the

439

cumulative grade point average required for graduation.

440

     Section 7.  Section 1003.4285, Florida Statutes, is created

441

to read:

442

     1003.4285 Standard high school diploma designations.--By

443

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

444

shall include, as applicable:

445

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

446

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

447

1003.428.

448

     (2) A designation reflecting completion of accelerated

449

college credit courses if the student is eligible for college

450

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

451

International Baccalaureate, Advanced International Certificate

452

of Education, or dual enrollment courses. The Commissioner of

453

Education shall establish guidelines for successful passage of

454

examinations or coursework in each of the accelerated college

455

credit options for purposes of this subsection.

456

     (3) A designation reflecting career education certification

457

in accordance with s. 1003.431.

458

     (4) A designation reflecting Florida Ready to Work

459

Certification in accordance with s. 1004.99.

460

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

461

1003.429, Florida Statutes, is amended to read:

462

     1003.429  Accelerated high school graduation options.--

463

     (6)  Students pursuing accelerated 3-year high school

464

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

465

(1)(c) are required to:

466

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

467

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

468

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

469

1008.22(10) s. 1008.22(9).

470

471

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

472

be applied to those courses specifically listed or identified by

473

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

474

by the district school board for class ranking purposes.

475

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

476

1003.43, Florida Statutes, is amended to read:

477

     1003.43  General requirements for high school graduation.--

478

     (5)  Each district school board shall establish standards

479

for graduation from its schools, and these standards must

480

include:

481

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

482

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

483

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

484

1008.22(10) s. 1008.22(9).

485

486

The standards required in this subsection, and any subsequent

487

modifications, shall be reprinted in the Florida Administrative

488

Code even though not defined as "rules."

489

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

490

Statutes, is amended to read:

491

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

492

of-country transfer students and students needing additional

493

instruction to meet high school graduation requirements.--

494

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

495

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

496

country shall not be required to spend additional time in a

497

Florida public school in order to meet the high school course

498

requirements if the student has met all requirements of the

499

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

500

transferring. Such students who are not proficient in English

501

should receive immediate and intensive instruction in English

502

language acquisition. However, to receive a standard high school

503

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

504

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

505

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

506

1008.22(9).

507

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

508

1003.63, Florida Statutes, is amended to read:

509

     1003.63  Deregulated public schools pilot program.--

510

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

511

the operation of a deregulated public school shall be considered

512

in advance and written into the proposal.

513

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

514

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

515

Education, the Commissioner of Education, the President of the

516

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

517

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

518

performance of students, to include all students in deregulated

519

public schools whose scores are counted as part of the statewide

520

assessment tests, versus comparable public school students in the

521

district as determined by statewide assessments administered

522

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

523

appropriate, the Florida Writes Assessment Test, and other

524

assessments administered pursuant to s. 1008.22(3).

525

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

526

section 1004.85, Florida Statutes, are amended to read:

527

     1004.85  Postsecondary educator preparation institutes.--

528

     (3)  Educator preparation institutes approved pursuant to

529

this section may offer alternative certification programs

530

specifically designed for noneducation major baccalaureate degree

531

holders to enable program participants to meet the educator

532

certification requirements of s. 1012.56. Such programs shall be

533

competency-based educator certification preparation programs that

534

prepare educators through an alternative route. An educator

535

preparation institute choosing to offer an alternative

536

certification program pursuant to the provisions of this section

537

must implement a program previously approved by the Department of

538

Education for this purpose or a program developed by the

539

institute and approved by the department for this purpose.

540

Approved programs shall be available for use by other approved

541

educator preparation institutes.

542

     (c)  Upon completion of an alternative certification program

543

approved pursuant to this subsection, a participant shall receive

544

a credential from the sponsoring institution signifying

545

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

546

relating to mastery of professional preparation and education

547

competence. A participant shall be eligible for educator

548

certification through the Department of Education upon

549

satisfaction of all requirements for certification set forth in

550

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

551

knowledge, subject area knowledge, and professional preparation

552

and education competence, through testing or other statutorily

553

authorized means.

554

     (d)  If an institution offers an alternative certification

555

program approved pursuant to this subsection, such program may be

556

used by the school district or districts served by that

557

institution in addition to the alternative certification program

558

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

559

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

560

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

561

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

562

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

563

     1004.99  Florida Ready to Work Certification Program.--

564

     (3)  The Florida Ready to Work Certification Program shall

565

be composed of:

566

     (d) A Florida Ready to Work Credential certificate and

567

portfolio awarded to students upon successful completion of the

568

instruction. Each portfolio must delineate the skills

569

demonstrated by the student as evidence of the student's

570

preparation for employment.

571

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

572

a student who successfully passes assessments in Reading for

573

Information, Applied Mathematics, and Locating Information or any

574

other assessments of comparable rigor. Each assessment shall be

575

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

576

student receives is based on the following:

577

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

578

or above on each of the assessments.

579

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

580

or above on each of the assessments.

581

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

582

or above on each of the assessments.

583

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

584

1007.21, Florida Statutes, is amended to read:

585

     1007.21  Readiness for postsecondary education and the

586

workplace.--

587

     (2)

588

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

589

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

590

school students second semester sophomores who have chosen one of

591

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

592

used to target additional instructional needs in reading,

593

writing, and mathematics prior to graduation.

594

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

595

1007.235, Florida Statutes, is amended to read:

596

     1007.235  District interinstitutional articulation

597

agreements.--

598

     (2)  The district interinstitutional articulation agreement

599

for each school year must be completed before high school

600

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

601

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

602

components:

603

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

604

students eligible to participate in dual enrollment. This

605

delineation must include a plan for the community college to

606

provide guidance services to participating students on the

607

selection of courses in the dual enrollment program. The process

608

of community college guidance should make maximum use of the

609

automated advisement system for community colleges. The plan must

610

assure that each dual enrollment student is encouraged to

611

identify a postsecondary education objective with which to guide

612

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

613

include a list of courses that will result in an Applied

614

Technology Diploma, an Associate in Science degree, or an

615

Associate in Arts degree. If the student identifies a

616

baccalaureate degree as the objective, the plan must include

617

courses that will meet the general education requirements and any

618

prerequisite requirements for entrance into a selected

619

baccalaureate degree program.

620

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

621

parents are informed about opportunities to participate in

622

articulated acceleration programs.

623

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

624

parents exercise their option to participate in an articulated

625

acceleration program.

626

     4.  A delineation of high school credits earned for

627

completion of each dual enrollment course.

628

     5.  Provision for postsecondary courses that meet the

629

criteria for inclusion in a district articulated acceleration

630

program to be counted toward meeting the graduation requirements

631

of s. 1003.43.

632

     6.  An identification of eligibility criteria for student

633

participation in dual enrollment courses and programs.

634

     7.  A delineation of institutional responsibilities

635

regarding student screening prior to enrollment and monitoring

636

student performance subsequent to enrollment in dual enrollment

637

courses and programs.

638

     8.  An identification of the criteria by which the quality

639

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

640

delineation of institutional responsibilities for the maintenance

641

of instructional quality.

642

     9.  A delineation of institutional responsibilities for

643

assuming the cost of dual enrollment courses and programs that

644

includes such responsibilities for student instructional

645

materials.

646

     10.  An identification of responsibility for providing

647

student transportation if the dual enrollment instruction is

648

conducted at a facility other than the high school campus.

649

     11.  A delineation of the process for converting college

650

credit hours earned through dual enrollment and early admission

651

programs to high school credit based on mastery of course

652

outcomes as determined by the Department of Education in

653

accordance with s. 1007.271(6).

654

     12. An identification of the responsibility of the

655

postsecondary educational institution for assigning letter grades

656

for dual enrollment courses and the responsibility of school

657

districts for posting dual enrollment course grades to the high

658

school transcript as assigned by the postsecondary institution

659

awarding the credit.

660

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

661

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

662

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

663

Florida Statutes, are amended to read:

664

     1008.22  Student assessment program for public schools.--

665

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

666

design and implement a statewide program of educational

667

assessment that provides information for the improvement of the

668

operation and management of the public schools, including schools

669

operating for the purpose of providing educational services to

670

youth in Department of Juvenile Justice programs. The

671

commissioner may enter into contracts for the continued

672

administration of the assessment, testing, and evaluation

673

programs authorized and funded by the Legislature. Contracts may

674

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

675

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

676

The commissioner is authorized to negotiate for the sale or lease

677

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

678

materials developed pursuant to law. Pursuant to the statewide

679

assessment program, the commissioner shall:

680

     (a) Submit proposed Next Generation Sunshine State

681

Standards to the State Board of Education for adoption and

682

periodic review and revision under s. 1003.41 a list that

683

specifies student skills and competencies to which the goals for

684

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

685

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

686

skills and competencies must include problem-solving and higher-

687

order skills as appropriate and shall be known as the Sunshine

688

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

689

select such skills and competencies after receiving

690

recommendations from educators, citizens, and members of the

691

business community. The commissioner shall submit to the State

692

Board of Education revisions to the list of student skills and

693

competencies in order to maintain continuous progress toward

694

improvements in student proficiency.

695

     (c)  Develop and implement a student achievement testing

696

program known as the Florida Comprehensive Assessment Test (FCAT)

697

as part of the statewide assessment program to measure reading,

698

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

699

included as directed by the commissioner. The assessment of

700

reading and mathematics shall be administered annually in grades

701

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

702

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

703

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

704

addition to the comprehensive assessments required under this

705

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

706

standardized, and approved by the department. The content

707

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

708

assessments must be aligned to the core curricular content

709

established in the Sunshine State Standards. The Commissioner of

710

Education may select one or more nationally developed

711

comprehensive examinations, which may include, but need not be

712

limited to, examinations for a College Board Advanced Placement

713

course, International Baccalaureate course, industry-approved

714

examinations to earn national industry certifications as defined

715

in s. 1003.492, or Advanced International Certificate of

716

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

717

paragraph, if the Commissioner determines that the content

718

knowledge and skills assessed by the examinations meet or exceed

719

the grade-level expectations of the Sunshine State Standards for

720

the course. The commissioner may collaborate with the American

721

Diploma Project in the adoption or development of rigorous end-

722

of-course assessments that are aligned to state curriculum

723

standards. The commissioner must document the procedures used to

724

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

725

retaking the grade 10 FCAT are equally as challenging and

726

difficult as the tests taken by students in grade 10 which

727

contain performance tasks. The testing program must be designed

728

as follows so that:

729

     1. The tests shall measure student skills and competencies

730

adopted by the State Board of Education as specified in paragraph

731

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

732

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

733

science. The commissioner shall provide for the tests to be

734

developed or obtained, as appropriate, through contracts and

735

project agreements with private vendors, public vendors, public

736

agencies, postsecondary educational institutions, or school

737

districts. The commissioner shall obtain input with respect to

738

the design and implementation of the testing program from state

739

educators, assistive technology experts, and the public.

740

     2. The testing program shall be composed will include a

741

combination of norm-referenced and criterion-referenced tests

742

that shall and include, to the extent determined by the

743

commissioner, include test items questions that require the

744

student to produce information or perform tasks in such a way

745

that the core content knowledge and skills and competencies he or

746

she uses can be measured.

747

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

748

commissioner shall discontinue administration of the selected-

749

response test items on the comprehensive assessments of writing.

750

Beginning with the 2012-2013 school year, the comprehensive

751

assessments of writing shall be composed of a combination of

752

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

753

and extended-response performance tasks, which shall measure a

754

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

755

limited to, paragraph and sentence structure, sentence

756

construction, grammar and usage, punctuation, capitalization,

757

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

758

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

759

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

760

a test of writing in which students are required to produce

761

writings that are then scored by appropriate and timely methods.

762

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

763

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

764

inadequate. The school districts shall provide appropriate

765

remedial instruction to students who score below these levels.

766

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

767

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

768

10 assessment test described in this paragraph or attain

769

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

770

writing, and mathematics to qualify for a standard high school

771

diploma. The State Board of Education shall designate a passing

772

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

773

establishing passing scores, the state board shall consider any

774

possible negative impact of the test on minority students. The

775

State Board of Education shall adopt rules which specify the

776

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

777

the effect of raising the required passing scores, shall only

778

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

779

time after such rules are adopted by the State Board of

780

Education.

781

     6.  Participation in the testing program is mandatory for

782

all students attending public school, including students served

783

in Department of Juvenile Justice programs, except as otherwise

784

prescribed by the commissioner. If a student does not participate

785

in the statewide assessment, the district must notify the

786

student's parent and provide the parent with information

787

regarding the implications of such nonparticipation. A parent

788

must provide signed consent for a student to receive classroom

789

instructional accommodations that would not be available or

790

permitted on the statewide assessments and must acknowledge in

791

writing that he or she understands the implications of such

792

instructional accommodations. The State Board of Education shall

793

adopt rules, based upon recommendations of the commissioner, for

794

the provision of test accommodations for students in exceptional

795

education programs and for students who have limited English

796

proficiency. Accommodations that negate the validity of a

797

statewide assessment are not allowable in the administration of

798

the FCAT. However, instructional accommodations are allowable in

799

the classroom if included in a student's individual education

800

plan. Students using instructional accommodations in the

801

classroom that are not allowable as accommodations on the FCAT

802

may have the FCAT requirement waived pursuant to the requirements

803

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

804

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

805

the same testing requirements that a regular high school student

806

must meet.

807

     8.  District school boards must provide instruction to

808

prepare students to demonstrate proficiency in the skills and

809

competencies necessary for successful grade-to-grade progression

810

and high school graduation. If a student is provided with

811

instructional accommodations in the classroom that are not

812

allowable as accommodations in the statewide assessment program,

813

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

814

parent in writing and must provide the parent with information

815

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

816

proficiency levels in reading, writing, and math. The

817

commissioner shall conduct studies as necessary to verify that

818

the required skills and competencies are part of the district

819

instructional programs.

820

     9.  District school boards must provide opportunities for

821

students to demonstrate an acceptable level of performance on an

822

alternative standardized assessment approved by the State Board

823

of Education following enrollment in summer academies.

824

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

825

and implement a common battery of assessment tools that will be

826

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

827

must accurately measure the skills and competencies established

828

in the Sunshine State Standards.

829

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

830

1003.438, the Department of Education must develop or select and

831

implement an alternate assessment tool that accurately measures

832

the skills and competencies established in the Sunshine State

833

Standards for students with disabilities under s. 1003.438.

834

     12. The Commissioner of Education shall establish schedules

835

for the administration of statewide assessments and the reporting

836

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

837

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

838

the department's Internet website the testing and reporting

839

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

840

upcoming school year. The testing and reporting schedules shall

841

require that:

842

     a. There is the latest possible administration of statewide

843

assessments and the earliest possible reporting to the school

844

districts of student test results which is feasible within

845

available technology and specific appropriations; however, test

846

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

847

regular school year for students.

848

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

849

comprehensive statewide assessment of writing is not administered

850

earlier than the week of March 1 and a comprehensive statewide

851

assessment of any other subject is not administered earlier than

852

the week of April 15.

853

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

854

administered within the last 2 weeks of the course.

855

856

The commissioner may, based on collaboration and input from

857

school districts, design and implement student testing programs,

858

for any grade level and subject area, necessary to effectively

859

monitor educational achievement in the state, including the

860

measurement of educational achievement of the Sunshine State

861

Standards for students with disabilities. Development and

862

refinement of assessments shall include universal design

863

principles and accessibility standards that will prevent any

864

unintended obstacles for students with disabilities while

865

ensuring the validity and reliability of the test. These

866

principles should be applicable to all technology platforms and

867

assistive devices available for the assessments. The field

868

testing process and psychometric analyses for the statewide

869

assessment program must include an appropriate percentage of

870

students with disabilities and an evaluation or determination of

871

the effect of test items on such students.

872

     (4) STATEWIDE ASSESSMENT PREPARATION; PROHIBITED

873

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

874

school board shall prohibit each public school from suspending a

875

regular program of curricula for purposes of administering

876

practice tests or engaging in other test-preparation activities

877

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

878

authorize a public school to engage in the following test-

879

preparation activities for a statewide assessment:

880

     (a) Distributing to students the sample test books and

881

answer keys published by the Department of Education;

882

     (b) Providing individualized instruction in test-taking

883

strategies, without suspending the school's regular program of

884

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

885

prior administration of the statewide assessment;

886

     (c) Providing individualized instruction in the content

887

knowledge and skills assessed, without suspending the school's

888

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

889

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

890

or a student who, through a diagnostic assessment administered by

891

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

892

content knowledge and skills assessed;

893

     (d) Incorporating test-taking exercises and strategies

894

into curricula for intensive reading and mathematics intervention

895

courses; and

896

     (e) Administering a practice test or engaging in other

897

test-preparation activities for the statewide assessment which

898

are determined necessary to familiarize students with the

899

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

900

the test directions, or which are otherwise necessary for the

901

valid and reliable administration of the assessment, as set forth

902

in rules adopted by the State Board of Education with specific

903

reference to this paragraph.

904

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

905

board shall periodically assess student performance and

906

achievement within each school of the district. The assessment

907

programs must be based upon local goals and objectives that are

908

compatible with the state plan for education and that supplement

909

the skills and competencies adopted by the State Board of

910

Education. All school districts must participate in the statewide

911

assessment program designed to measure annual student learning

912

and school performance. All district school boards shall report

913

assessment results as required by the state management

914

information system.

915

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

916

participate in the statewide assessment program, unless

917

specifically exempted by state board rule based on serving a

918

specialized population for which standardized testing is not

919

appropriate. Student performance data shall be analyzed and

920

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

921

performance data shall be used in developing objectives of the

922

school improvement plan, evaluation of instructional personnel,

923

evaluation of administrative personnel, assignment of staff,

924

allocation of resources, acquisition of instructional materials

925

and technology, performance-based budgeting, and promotion and

926

assignment of students into educational programs. The analysis of

927

student performance data also must identify strengths and needs

928

in the educational program and trends over time. The analysis

929

must be used in conjunction with the budgetary planning processes

930

developed pursuant to s. 1008.385 and the development of the

931

programs of remediation.

932

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

933

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

934

student achievement testing program:

935

     (c)  The annual testing program shall be administered to

936

provide for valid statewide comparisons of learning gains to be

937

made for purposes of accountability and recognition. The

938

commissioner shall establish a schedule for the administration of

939

the statewide assessments. In establishing such schedule, the

940

commissioner is charged with the duty to accomplish the latest

941

possible administration of the statewide assessments and the

942

earliest possible provision of the results to the school

943

districts feasible within available technology and specific

944

appropriation. District school boards shall not establish school

945

calendars that jeopardize or limit the valid testing and

946

comparison of student learning gains.

947

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

948

gains of students in all subjects and grade levels other than

949

subjects and grade levels required for the state student

950

achievement testing program is the responsibility of the school

951

districts.

952

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

953

     (a) If the Commissioner of Education revises a statewide

954

assessment and the revisions require the State Board of Education

955

to modify the assessment's proficiency levels or modify the

956

passing scores required for a standard high school diploma, until

957

the state board adopts the modifications by rule the commissioner

958

shall use calculations for scoring the assessment which adjust

959

student scores on the revised assessment for statistical

960

equivalence to student scores on the former assessment.

961

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

962

statewide assessment required testing requirements for a standard

963

high school diploma which are graduation that were in effect at

964

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

965

student's enrollment is was continuous.

966

     (c) If the commissioner revises a statewide assessment and

967

the revisions require the State Board of Education to modify the

968

passing scores required for a standard high school diploma, the

969

commissioner may, with approval of the state board, discontinue

970

administration of the former assessment upon the graduation,

971

based on normal student progression, of students participating in

972

the final regular administration of the former assessment. The

973

state board shall adopt by rule passing scores for the revised

974

assessment which are statistically equivalent to passing scores

975

on the discontinued assessment for a student required under

976

paragraph (b) to attain passing scores on the discontinued

977

assessment.

978

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

979

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

980

and concordant data sets for widely used high school achievement

981

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

982

and College Placement Test, to assess if concordant scores for

983

FCAT scores can be determined for high school graduation, college

984

placement, and scholarship awards. In cases where content

985

alignment and concordant scores can be determined, the

986

Commissioner of Education shall adopt those scores as meeting the

987

graduation requirement in lieu of achieving the FCAT passing

988

score and may adopt those scores as being sufficient to achieve

989

additional purposes as determined by rule. Each time that test

990

content or scoring procedures change are changed for the FCAT or

991

for a high school achievement test for which a concordant score

992

is determined one of the identified tests, new concordant scores

993

must be determined.

994

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

995

pursuant to this subsection to satisfy the assessment requirement

996

for a standard high school diploma as provided in s.

997

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

998

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

999

times without earning a passing score. The requirements of this

1000

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

1001

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

1002

passing score on the FCAT or use an approved subject area

1003

concordant score to fulfill the graduation requirement.

1004

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

1005

allowable uses, other than to satisfy the high school graduation

1006

requirement, for concordant scores as described in this

1007

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

1008

achieving appropriate standardized test scores required for the

1009

awarding of Florida Bright Futures Scholarships and college

1010

placement.

1011

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

1012

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

1013

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

1014

following:

1015

     (a)  Longitudinal performance of students in mathematics and

1016

reading.

1017

     (b)  Longitudinal performance of students by grade level in

1018

mathematics and reading.

1019

     (c)  Longitudinal performance regarding efforts to close the

1020

achievement gap.

1021

     (d) Longitudinal performance of students on the norm-

1022

referenced component of the FCAT.

1023

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

1024

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

1025

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

1026

education rather than other secondary education.

1027

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

1028

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

1029

provisions of this section.

1030

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

1031

1008.31, Florida Statutes, is amended to read:

1032

     1008.31  Florida's K-20 education performance accountability

1033

system; legislative intent; mission, goals, and systemwide

1034

measures; data quality improvements.--

1035

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

1036

Legislature that:

1037

     (c)  The K-20 education performance accountability system

1038

comply with the accountability requirements of the "No Child Left

1039

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

1040

with Disabilities Education Act (IDEA).

1041

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

1042

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

1043

section, to read:

1044

     1008.34  School grading system; school report cards;

1045

district grade.--

1046

     (3)  DESIGNATION OF SCHOOL GRADES.--

1047

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

1048

students who are tested and included in the school grading

1049

system, except an alternative school that receives a school

1050

improvement rating pursuant to s. 1008.341, shall receive a

1051

school grade, except as follows:

1052

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

1053

of its students tested and included in the school grading system

1054

are fewer than the minimum sample size necessary, based on

1055

accepted professional practice, for statistical reliability and

1056

prevention of the unlawful release of personally identifiable

1057

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

1058

     2. An alternative school may choose to receive a school

1059

grade under this section or in lieu of a school improvement

1060

rating under s. 1008.341.

1061

     3. Additionally, A school that serves any combination of

1062

students in kindergarten through grade 3 which does not receive a

1063

school grade because its students are not tested and included in

1064

the school grading system shall receive the school grade

1065

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

1066

Department of Education and verified by the school district. A

1067

school feeder pattern exists if at least 60 percent of the

1068

students in the school serving a combination of students in

1069

kindergarten through grade 3 are scheduled to be assigned to the

1070

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

1071

based on the following:

1072

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

1073

combination of:

1074

     1.  Student achievement scores, including achievement scores

1075

for students seeking a special diploma.

1076

     2.  Student learning gains as measured by annual FCAT

1077

assessments in grades 3 through 10; learning gains for students

1078

seeking a special diploma, as measured by an alternate assessment

1079

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

1080

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

1081

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

1082

students are exhibiting satisfactory performance.

1083

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

1084

used in determining school grades shall include:

1085

     1.  The aggregate scores of all eligible students enrolled

1086

in the school who have been assessed on the FCAT.

1087

     2.  The aggregate scores of all eligible students enrolled

1088

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

1089

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

1090

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

1091

writing, unless these students are exhibiting satisfactory

1092

performance.

1093

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

1094

achievement scores and learning gains of eligible students

1095

attending alternative schools that provide dropout prevention and

1096

academic intervention services pursuant to s. 1003.53. The term

1097

"eligible students" in this subparagraph does not include

1098

students attending an alternative school who are subject to

1099

district school board policies for expulsion for repeated or

1100

serious offenses, who are in dropout retrieval programs serving

1101

students who have officially been designated as dropouts, or who

1102

are in programs operated or contracted by the Department of

1103

Juvenile Justice. The student performance data for eligible

1104

students identified in this subparagraph shall be included in the

1105

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

1106

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

1107

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

1108

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

1109

alternative school chooses to be graded under pursuant to this

1110

section, student performance data for eligible students

1111

identified in this subparagraph shall not be included in the home

1112

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

1113

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

1114

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

1115

or to the alternative school that receives a grade shall forfeit

1116

school recognition funds for 1 fiscal year. School districts must

1117

require collaboration between the home school and the alternative

1118

school in order to promote student success. This collaboration

1119

must include an annual discussion between the principal of the

1120

alternative school and the principal of each student's home

1121

school concerning the most appropriate school assignment of the

1122

student.

1123

1124

The State Board of Education shall adopt appropriate criteria for

1125

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

1126

student achievement in reading. Schools designated with a grade

1127

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

1128

demonstrate that adequate progress has been made by students in

1129

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

1130

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

1131

these students are exhibiting satisfactory performance.

1132

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

1133

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

1134

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

1135

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

1136

that section, to read:

1137

     1008.341  School improvement rating for alternative

1138

schools.--

1139

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

1140

schools that provides provide dropout prevention and academic

1141

intervention services pursuant to s. 1003.53 shall receive a

1142

school improvement rating pursuant to this section. However, an

1143

alternative school shall not receive a school improvement rating

1144

if the number of its students for whom student performance data

1145

is available for the current year and previous year are fewer

1146

than the minimum sample size necessary, based on acceptable

1147

professional practice, for statistical reliability and prevention

1148

of the unlawful release of personally identifiable student data

1149

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

1150

rating shall identify an alternative school schools as having one

1151

of the following ratings defined according to rules of the State

1152

Board of Education:

1153

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

1154

the school are making more academic progress than when the

1155

students were served in their home schools.

1156

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

1157

the school are making progress equivalent to the progress made

1158

when the students were served in their home schools.

1159

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

1160

the school are making less academic progress than when the

1161

students were served in their home schools.

1162

1163

The school improvement rating shall be based on a comparison of

1164

student performance data for the current year and previous year.

1165

Schools that improve at least one level or maintain an

1166

"improving" rating pursuant to this section are eligible for

1167

school recognition awards pursuant to s. 1008.36.

1168

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

1169

used in determining an alternative school's school improvement

1170

rating shall include:

1171

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

1172

assigned to and enrolled in the school during the October or

1173

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

1174

have FCAT or comparable scores for the preceding school year.

1175

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

1176

assigned to and enrolled in the school during the October or

1177

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

1178

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

1179

of students in the state on FCAT Reading.

1180

1181

The assessment scores of students who are subject to district

1182

school board policies for expulsion for repeated or serious

1183

offenses, who are in dropout retrieval programs serving students

1184

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

1185

programs operated or contracted by the Department of Juvenile

1186

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

1187

improvement rating.

1188

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

1189

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

1190

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

1191

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

1192

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

1193

that section, to read:

1194

     1012.56  Educator certification requirements.--

1195

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

1196

Standards are replaced by the Next Generation Sunshine State

1197

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

1198

align the subject area examinations to the Next Generation

1199

Sunshine State Standards.

1200

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

1201

Statutes, is amended to read:

1202

     1012.57  Certification of adjunct educators.--

1203

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

1204

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

1205

contrary, district school boards shall adopt rules to allow for

1206

the issuance of an adjunct teaching certificate to any applicant

1207

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

1208

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

1209

applicant shall be considered to have expertise in the subject

1210

area to be taught if the applicant demonstrates sufficient

1211

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

1212

adjunct teaching certificate shall be used for part-time teaching

1213

positions. The intent of this provision is to allow school

1214

districts to tap the wealth of talent and expertise represented

1215

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

1216

Florida public school by permitting school districts to issue

1217

adjunct certificates to qualified applicants. Adjunct

1218

certificateholders should be used as a strategy to reduce the

1219

teacher shortage; thus, adjunct certificateholders should

1220

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

1221

school principal shall assign an experienced peer mentor to

1222

assist the adjunct teaching certificateholder during the

1223

certificateholder's first year of teaching, and an adjunct

1224

certificateholder may participate in a district's new teacher

1225

training program. District school boards shall provide the

1226

adjunct teaching certificateholder an orientation in classroom

1227

management prior to assigning the certificateholder to a school.

1228

Each adjunct teaching certificate is valid for 5 school years and

1229

is renewable if the applicant has received satisfactory

1230

performance evaluations during each year of teaching under

1231

adjunct teaching certification.

1232

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

1233

Statutes, is amended to read:

1234

     1012.586  Additions or changes to certificates; duplicate

1235

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

1236

Education website certificates for the following applications of

1237

public school employees:

1238

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

1239

valid Florida certificate on the basis of the completion of the

1240

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

1241

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

1242

approved school district program or the inservice components for

1243

an endorsement.

1244

1245

The employing school district shall charge the employee a fee not

1246

to exceed the amount charged by the Department of Education for

1247

such services. Each district school board shall retain a portion

1248

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

1249

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

1250

maintenance of the technology system, the web application, and

1251

posting and mailing of the certificate.

1252

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

1253

1012.71, Florida Statutes, is amended to read:

1254

     (Substantial rewording of section. See

1255

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

1256

     1012.71 The Florida Teachers Lead Program.--

1257

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

1258

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

1259

public school district or a public charter school in that

1260

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

1261

job-share responsibility is the classroom instruction of students

1262

in prekindergarten through grade 12, including full-time media

1263

specialists and guidance counselors serving students in

1264

prekindergarten through grade 12, who are funded through the

1265

Florida Education Finance Program. A "job-share classroom

1266

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

1267

equivalent employment for the same teaching assignment equals one

1268

full-time classroom teacher.

1269

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

1270

shall determine funding for the Florida Teachers Lead Program.

1271

The funds appropriated are for classroom teachers to purchase, on

1272

behalf of the school district or charter school, classroom

1273

materials and supplies for the public school students assigned to

1274

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

1275

appropriated shall be used to supplement the materials and

1276

supplies otherwise available to classroom teachers. From the

1277

funds appropriated for the Florida Teachers Lead Program, the

1278

Commissioner of Education shall calculate an amount for each

1279

school district based upon each school district's proportionate

1280

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

1281

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

1282

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

1283

the Florida Teachers Lead Program, the district school board

1284

shall calculate an identical amount for each classroom teacher,

1285

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

1286

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

1287

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

1288

classroom teacher. The district school board and each charter

1289

school board shall provide each classroom teacher with his or her

1290

total proportionate share by September 30 of each year by any

1291

means determined appropriate by the district school board or

1292

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

1293

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

1294

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

1295

subject to state or local competitive bidding requirements. Funds

1296

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

1297

terms and conditions of employment and, therefore, are not

1298

subject to collective bargaining. Any classroom teacher may

1299

decline receipt of or return the funds without explanation or

1300

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

1301

     (4) Each classroom teacher must sign a statement

1302

acknowledging receipt of the funds, keep receipts for no less

1303

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

1304

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

1305

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

1306

that are returned to the district school board shall be deposited

1307

into the school advisory council account of the school at which

1308

the classroom teacher returning the funds was employed when that

1309

teacher received the funds or shall be deposited into the Florida

1310

Teachers Lead Program account of the school district in which a

1311

charter school is sponsored, as applicable.

1312

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

1313

classroom teacher before receipt of the Florida Teachers Lead

1314

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

1315

teacher) , am employed by the County District School Board

1316

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

1317

acknowledge that Florida Teachers Lead Program funds are

1318

appropriated by the Legislature for the sole purpose of

1319

purchasing classroom materials and supplies to be used in the

1320

instruction of students assigned to me. In accepting custody of

1321

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

1322

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

1323

receipts, it will be my personal responsibility to pay any

1324

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

1325

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

1326

regular school year for deposit into the school advisory council

1327

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

1328

the funds or for deposit into the Florida Teachers Lead Program

1329

account of the school district in which the charter school is

1330

sponsored, as applicable."

1331

     Section 24.  Present paragraphs (b) and (c) of subsection

1332

(2) of section 1013.12, Florida Statutes, are redesignated as

1333

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

1334

added to that subsection, to read:

1335

     1013.12  Casualty, safety, sanitation, and firesafety

1336

standards and inspection of property.--

1337

     (2)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL

1338

BOARDS.--

1339

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

1340

and on the school website the school's semiannual sanitation

1341

certificate and a copy of its most recent sanitation inspection

1342

report.

1343

     Section 25.  Except as otherwise expressly provided in this

1344

act and except for this section, which shall take effect upon

1345

becoming a law, this act shall take effect July 1, 2008.