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A bill to be entitled

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An act relating to qualifications for graduating from high

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school; amending s. 1003.428, F.S.; revising provisions

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governing the establishment by school districts of

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standards for graduation; requiring that school districts

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adopt policies whereby eligible students who earn a

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passing score on an exit portfolio may acquire a standard

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diploma; providing criteria concerning student eligibility

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for choosing the exit portfolio option; requiring that the

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principal of certain public secondary schools appoint a

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portfolio review committee; providing for membership and

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duties of the committee; requiring that the instructional

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personnel of certain public secondary schools develop an

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exit portfolio for a student under certain conditions;

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providing criteria for earning a passing score on an exit

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portfolio; amending s. 1008.22, F.S., relating to the

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statewide assessment program; conforming cross-references;

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providing an effective date.

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

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     Section 1.  Subsection (4) and present subsection (6) of

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section 1003.428, Florida Statutes, are amended, present

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subsections (5) through (11) of that section are redesignated as

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subsections (6) through (12), respectively, and a new subsection

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(5) is added to that section, to read:

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     1003.428  General requirements for high school graduation;

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revised.--

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     (4)  Each district school board shall establish standards

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for graduation from its schools, which must include:

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     (a)  Successful completion of the academic credit or

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curriculum requirements of subsections (1) and (2).

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

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1008.22(3)(c), passing or scores on a standardized test which

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that are concordant with passing scores on the FCAT as defined in

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s. 1008.22(9), passing scores on a student exit portfolio under

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subsection (5).

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     (c)  Completion of all other applicable requirements

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prescribed by the district school board pursuant to s. 1008.25.

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     (d)  Achievement of a cumulative grade point average of 2.0

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on a 4.0 scale, or its equivalent, in the courses required by

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this section.

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Each district school board shall adopt policies designed to

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assist students in meeting the requirements of this subsection.

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

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policies, summer school or before or after school attendance,

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special counseling, volunteers or peer tutors, school-sponsored

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help sessions, homework hotlines, and study skills classes.

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Forgiveness policies for required courses must shall be limited

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

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

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

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comparable course. Forgiveness policies for elective courses must

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

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

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

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subsequently in another course. However, The only exception to

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these forgiveness policies shall be made for a student in the

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middle grades who takes any high school course for high school

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

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

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forgiveness policy must allow the replacement of the grade with a

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

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higher, earned subsequently in the same or comparable course. In

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

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

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course grade not replaced according to a district school board

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forgiveness policy must shall be included in the calculation of

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the cumulative grade point average required for graduation.

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     (5)(a) Each district school board shall adopt policies and

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procedures whereby a student meeting the eligibility requirements

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of paragraph (c) may seek to acquire a standard diploma by

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earning a passing score on an exit portfolio as provided in this

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subsection.

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     (b) The portfolio review committee of each public secondary

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school, except schools that have received the designation of a

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Certified Senior Project High School, shall evaluate and score

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the exit portfolios submitted under paragraph (e). The portfolio

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review committee must be appointed by the school's principal and

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must include:

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     1. The principal or his or her designee.

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     2. The school's assistant principal for curriculum or his

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or her designee. Any such designee must have qualifications that

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are similar to those of the assistant principal for curriculum.

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     3. Two members of the business community who hold a

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professional designation in the area of human resources.

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     4. If the student whose portfolio is being evaluated by the

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committee has not earned a passing score on the reading portion

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of the FCAT, a reading coach or an instructor who has a reading

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endorsement on his or her certificate.

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     5. If the student whose portfolio is being evaluated by the

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committee has not earned a passing score on the math portion of

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the FCAT, a person who is a certified math teacher.

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     6. If the student whose portfolio is being evaluated by the

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committee has not earned a passing score on the writing portion

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of the FCAT, a certified writing instructor.

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     7. If the student whose portfolio is being evaluated by the

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committee has not earned a passing score on the science portion

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of the FCAT, a certified science teacher.

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     (c) To be eligible for the exit portfolio option provided

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under this subsection, a student must:

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     1. Have a cumulative grade point average of at least 2.5 on

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a 4.0 scale, or the equivalent of such a grade point average, in

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the courses required under this section;

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     2. Have had no more than 12 absences during the school year

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while enrolled at a secondary school in this state; and

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     3. Provide documentation establishing that:

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     a. A Section 504 plan to provide for the student's

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disabilities is in place; the student has a condition causing a

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test anxiety which prevents the achievement of a score on any

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standardized test, or the FCAT, which reflects the student's

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actual mastery of the Sunshine State Standards; or the student

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has received ESOL services while enrolled at a secondary school

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in this state; and

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     b. The student has taken the FCAT at least five times

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without earning a passing score as defined in s. 1008.22(3)(c),

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and has taken the ACT or SAT at least twice without earning a

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score that is concordant with a passing score on the FCAT as

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defined in s. 1008.22(9).

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     (d) The instructional personnel of each secondary school

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that is required to create a portfolio review committee under

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paragraph (b) shall commence development of an exit portfolio for

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each student enrolled in the school who does not receive a

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passing score on grade 10 FCAT after taking such test twice.

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Development of such a portfolio must continue until the portfolio

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review committee's evaluation of the student's exit portfolio

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under paragraph (e) is complete, the student earns a passing

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score on the FCAT as defined in s. 1008.22(3)(c), the student

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earns a score on a standardized test which is concordant with a

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passing score on the FCAT as defined in s. 1008.22(9), or the

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student is no longer enrolled in the school.

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     (e) A student who meets the eligibility requirements under

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paragraph (c) may earn a passing score on an exit portfolio as

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specified in subparagraph 1. or subparagraph 2. The FCAT grades

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of an eligible student whose exit portfolio receives a passing

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score under this paragraph must be extracted from their school's

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performance grade as invalid.

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     1. The eligible student shall provide the portfolio review

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committee with a set of materials demonstrating the student's

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proficiency which include, but are not limited to, the student's

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secondary school grades and samples of the student's class work,

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test scores, writing samples, and research projects and shall

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make an oral presentation to the portfolio review committee. The

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portfolio committee shall grant a passing score on an exit

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portfolio if it determines, on a pass-fail basis, that the

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content of the materials provided together with the student's

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presentation demonstrate mastery of the Sunshine State Standards

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and ready-to-work skills.

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     2. If the student is enrolled in a secondary school that

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has received the designation of a Certified Senior Project High

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School, the student's achievement of the national senior project

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standards is a passing score on an exit portfolio under this

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paragraph.

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     (7)(6) The public hearing and consideration required in

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subsection (6) (5) shall not be construed to amend or nullify the

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requirements of security relating to the contents of examinations

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or assessment instruments and related materials or data as

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prescribed in s. 1008.23.

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     Section 2.  Paragraph (c) of subsection (3) of section

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1008.22, Florida Statutes, is amended to read:

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     1008.22  Student assessment program for public schools.--

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

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design and implement a statewide program of educational

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assessment that provides information for the improvement of the

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operation and management of the public schools, including schools

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operating for the purpose of providing educational services to

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youth in Department of Juvenile Justice programs. The

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commissioner may enter into contracts for the continued

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administration of the assessment, testing, and evaluation

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programs authorized and funded by the Legislature. Contracts may

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

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

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The commissioner is authorized to negotiate for the sale or lease

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

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materials developed pursuant to law. Pursuant to the statewide

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assessment program, the commissioner shall:

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     (c)  Develop and implement a student achievement testing

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program known as the Florida Comprehensive Assessment Test (FCAT)

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as part of the statewide assessment program to measure reading,

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

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included as directed by the commissioner. The assessment of

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reading and mathematics shall be administered annually in grades

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

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

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school levels. The commissioner must document the procedures used

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

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students retaking the grade 10 FCAT are equally as challenging

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and difficult as the tests taken by students in grade 10 which

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contain performance tasks. The testing program must be designed

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so that:

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     1.  The tests measure student skills and competencies

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adopted by the State Board of Education as specified in paragraph

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

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

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science. The commissioner shall provide for the tests to be

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developed or obtained, as appropriate, through contracts and

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project agreements with private vendors, public vendors, public

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agencies, postsecondary educational institutions, or school

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districts. The commissioner shall obtain input with respect to

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the design and implementation of the testing program from state

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educators, assistive technology experts, and the public.

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     2.  The testing program will include a combination of norm-

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referenced and criterion-referenced tests and include, to the

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extent determined by the commissioner, questions that require the

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student to produce information or perform tasks in such a way

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that the skills and competencies he or she uses can be measured.

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     3.  Each testing program, whether at the elementary, middle,

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or high school level, includes a test of writing in which

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students are required to produce writings that are then scored by

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appropriate and timely methods.

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     4.  A score is designated for each subject area tested,

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below which score a student's performance is deemed inadequate.

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The school districts shall provide appropriate remedial

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instruction to students who score below these levels.

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     5. Except as provided in s. 1003.428(9)(b) s.

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1003.428(8)(b) or s. 1003.43(11)(b), students must earn a passing

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score on the grade 10 assessment test described in this paragraph

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or attain concordant scores as described in subsection (9) in

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reading, writing, and mathematics to qualify for a standard high

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school diploma. The State Board of Education shall designate a

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

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establishing passing scores, the state board shall consider any

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possible negative impact of the test on minority students. The

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State Board of Education shall adopt rules that which specify the

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passing scores for the grade 10 FCAT; however, the board may not

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adopt a rule that has. Any such rules, which have the effect of

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raising the required passing scores unless such rule applies,

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shall only apply to students who take taking the grade 10 FCAT

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for the first time after such rule is rules are adopted by the

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State Board of Education.

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     6.  Participation in the testing program is mandatory for

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all students attending public school, including students served

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in Department of Juvenile Justice programs, except as otherwise

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prescribed by the commissioner. If a student does not participate

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in the statewide assessment, the district must notify the

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student's parent and provide the parent with information

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regarding the implications of such nonparticipation. A parent

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must provide signed consent for a student to receive classroom

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instructional accommodations that would not be available or

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permitted on the statewide assessments and must acknowledge in

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writing that he or she understands the implications of such

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instructional accommodations. The State Board of Education shall

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adopt rules, based upon recommendations of the commissioner, for

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the provision of test accommodations for students in exceptional

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education programs and for students who have limited English

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proficiency. Accommodations that negate the validity of a

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statewide assessment are not allowable in the administration of

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the FCAT. However, instructional accommodations are allowable in

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the classroom if included in a student's individual education

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plan. Students using instructional accommodations in the

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classroom that are not allowable as accommodations on the FCAT

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may have the FCAT requirement waived pursuant to the requirements

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of s. 1003.428(9)(b) s. 1003.428(8)(b) or s. 1003.43(11)(b).

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

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the same testing requirements that a regular high school student

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must meet.

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     8.  District school boards must provide instruction to

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prepare students to demonstrate proficiency in the skills and

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competencies necessary for successful grade-to-grade progression

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and high school graduation. If a student is provided with

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instructional accommodations in the classroom which that are not

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allowable as accommodations in the statewide assessment program,

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

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parent in writing and must provide the parent with information

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

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proficiency levels in reading, writing, and math. The

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commissioner shall conduct studies as necessary to verify that

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the required skills and competencies are part of the district

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instructional programs.

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     9.  District school boards must provide opportunities for

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students to demonstrate an acceptable level of performance on an

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alternative standardized assessment approved by the State Board

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of Education following enrollment in summer academies.

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

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and implement a common battery of assessment tools that will be

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

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must accurately measure the skills and competencies established

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in the Sunshine State Standards.

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

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1003.438, the Department of Education must develop or select and

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implement an alternate assessment tool that accurately measures

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the skills and competencies established in the Sunshine State

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Standards for students with disabilities under s. 1003.438.

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The commissioner may, based on collaboration and input from

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school districts, design and implement student testing programs,

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for any grade level and subject area, necessary to effectively

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monitor educational achievement in the state, including the

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measurement of educational achievement of the Sunshine State

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Standards for students with disabilities. Development and

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refinement of assessments must shall include universal design

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principles and accessibility standards that will prevent any

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unintended obstacles for students with disabilities while

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ensuring the validity and reliability of the test. These

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principles should be applicable to all technology platforms and

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assistive devices available for the assessments. The field

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testing process and psychometric analyses for the statewide

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assessment program must include an appropriate percentage of

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students with disabilities and an evaluation or determination of

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the effect of test items on such students.

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     Section 3.  This act shall take effect May 1, 2008.