Amendment
Bill No. CS/HB 7045
Amendment No. 166089
CHAMBER ACTION
Senate House
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1Representative Richardson offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 313-1070 and insert:
5     Section 7.  Paragraph (a) of subsection (8) of section
61003.428, Florida Statutes, is amended to read:
7     1003.428  General requirements for high school graduation;
8revised.--
9     (8)(a)  Each district school board must provide instruction
10to prepare students with disabilities to demonstrate proficiency
11in the core content knowledge and skills and competencies
12necessary for successful grade-to-grade progression and high
13school graduation.
14     Section 8.  Paragraph (a) of subsection (11) of section
151003.43, Florida Statutes, is amended to read:
16     1003.43  General requirements for high school graduation.--
17     (11)(a)  Each district school board must provide
18instruction to prepare students with disabilities to demonstrate
19proficiency in the core content knowledge and skills and
20competencies necessary for successful grade-to-grade progression
21and high school graduation.
22     Section 9.  Paragraph (d) of subsection (6) of section
231003.63, Florida Statutes, is amended to read:
24     1003.63  Deregulated public schools pilot program.--
25     (6)  ELEMENTS OF THE PROPOSAL.--The major issues involving
26the operation of a deregulated public school shall be considered
27in advance and written into the proposal.
28     (d)  Upon receipt of the annual report required by
29paragraph (b), the Department of Education shall provide the
30State Board of Education, the Commissioner of Education, the
31President of the Senate, and the Speaker of the House of
32Representatives with a copy of each report and an analysis and
33comparison of the overall performance of students, to include
34all students in deregulated public schools whose scores are
35counted as part of the statewide assessment tests, versus
36comparable public school students in the district as determined
37by statewide assessments administered under s. 1008.22(3) FCAT
38and district assessment tests and, as appropriate, the Florida
39Writes Assessment Test, and other assessments administered
40pursuant to s. 1008.22(3).
41     Section 10.  Paragraph (b) of subsection (1) of section
421006.28, Florida Statutes, is amended to read:
43     1006.28  Duties of district school board, district school
44superintendent; and school principal regarding K-12
45instructional materials.--
46     (1)  DISTRICT SCHOOL BOARD.--The district school board has
47the duty to provide adequate instructional materials for all
48students in accordance with the requirements of this part. The
49term "adequate instructional materials" means a sufficient
50number of textbooks or sets of materials serving as the basis
51for instruction for each student in the core courses of
52mathematics, language arts, social studies, science, reading,
53and literature, except for instruction for which the school
54advisory council approves the use of a program that does not
55include a textbook as a major tool of instruction. The district
56school board has the following specific duties:
57     (b)  Textbooks.--Provide for proper requisitioning,
58distribution, accounting, storage, care, and use of all
59instructional materials furnished by the state and furnish such
60other instructional materials as may be needed. The district
61school board shall assure that instructional materials used in
62the district are consistent with the district goals and
63objectives and the curriculum frameworks adopted by rule of the
64State Board of Education, as well as with the state and district
65curricular performance standards provided for in s. 1001.03(1).
66     Section 11.  Subsection (4) of section 1006.31, Florida
67Statutes, is amended to read:
68     1006.31  Duties of each state instructional materials
69committee.--The duties of each state instructional materials
70committee are:
71     (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To evaluate
72carefully all instructional materials submitted, to ascertain
73which instructional materials, if any, submitted for
74consideration best implement the selection criteria developed by
75the commissioner and those curricular objectives included within
76applicable curricular performance standards provided for in s.
771001.03(1).
78     (a)  When recommending instructional materials for use in
79the schools, each committee shall include only instructional
80materials that accurately portray the ethnic, socioeconomic,
81cultural, and racial diversity of our society, including men and
82women in professional, career, and executive roles, and the role
83and contributions of the entrepreneur and labor in the total
84development of this state and the United States.
85     (b)  When recommending instructional materials for use in
86the schools, each committee shall include only materials which
87accurately portray, whenever appropriate, humankind's place in
88ecological systems, including the necessity for the protection
89of our environment and conservation of our natural resources and
90the effects on the human system of the use of tobacco, alcohol,
91controlled substances, and other dangerous substances.
92     (c)  When recommending instructional materials for use in
93the schools, each committee shall require such materials as it
94deems necessary and proper to encourage thrift, fire prevention,
95and humane treatment of people and animals.
96     (d)  When recommending instructional materials for use in
97the schools, each committee shall require, when appropriate to
98the comprehension of students, that materials for social
99science, history, or civics classes contain the Declaration of
100Independence and the Constitution of the United States. No
101instructional materials shall be recommended by any committee
102for use in the schools which contain any matter reflecting
103unfairly upon persons because of their race, color, creed,
104national origin, ancestry, gender, or occupation.
105     (e)  All instructional materials recommended by each
106committee for use in the schools shall be, to the satisfaction
107of each committee, accurate, objective, and current and suited
108to the needs and comprehension of students at their respective
109grade levels. Instructional materials committees shall consider
110for adoption materials developed for academically talented
111students such as those enrolled in advanced placement courses.
112
113The findings of the committees, including the evaluation of
114instructional materials, shall be in sessions open to the
115public. All decisions leading to determinations of the
116committees shall be by roll call vote, and at no time will a
117secret ballot be permitted.
118     Section 12.  Subsection (1) and paragraph (b) of subsection
119(2) of section 1006.34, Florida Statutes, are amended to read:
120     1006.34  Powers and duties of the commissioner and the
121department in selecting and adopting instructional materials.--
122     (1)  PROCEDURES FOR EVALUATING INSTRUCTIONAL
123MATERIALS.--The commissioner shall prescribe the procedures by
124which the department shall evaluate instructional materials
125submitted by publishers and manufacturers in each adoption.
126Included in these procedures shall be provisions that which
127afford each publisher or manufacturer or his or her
128representative an opportunity to present to members of the state
129instructional materials committees the merits of each
130instructional material submitted in each adoption. Beginning
131July 1, 2008, the procedures must prohibit the adoption of
132instructional materials that include any reference to the
133"Florida Comprehensive Assessment Test" or "FCAT" and must
134require any instructional materials submitted to clearly
135demonstrate alignment to the Sunshine State Standards.
136     (2)  SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.--
137     (b)  In the selection of instructional materials, library
138books, and other reading material used in the public school
139system, the standards used to determine the propriety of the
140material shall include:
141     1.  The age of the students who normally could be expected
142to have access to the material.
143     2.  The educational purpose to be served by the material.
144In considering instructional materials for classroom use,
145priority shall be given to the selection of materials which
146encompass the state and district school board curricular
147performance standards provided for in s. 1001.03(1) and which
148include the instructional objectives contained within the
149curriculum frameworks approved by rule of the State Board of
150Education.
151     3.  The degree to which the material would be supplemented
152and explained by mature classroom instruction as part of a
153normal classroom instructional program.
154     4.  The consideration of the broad racial, ethnic,
155socioeconomic, and cultural diversity of the students of this
156state.
157
158No book or other material containing hard-core pornography or
159otherwise prohibited by s. 847.012 shall be used or available
160within any public school district.
161     Section 13.  Paragraph (b) of subsection (3) of section
1621006.38, Florida Statutes, is amended to read:
163     1006.38  Duties, responsibilities, and requirements of
164instructional materials publishers and
165manufacturers.--Publishers and manufacturers of instructional
166materials, or their representatives, shall:
167     (3)  Submit, at a time designated in s. 1006.33, the
168following information:
169     (b)  Written proof that the publisher has provided written
170correlations to appropriate curricular objectives included
171within applicable curricular performance standards provided for
172in s. 1001.03(1).
173     Section 14.  Subsection (1) and paragraph (b) of subsection
174(3) of section 1006.40, Florida Statutes, are amended to read:
175     1006.40  Use of instructional materials allocation;
176instructional materials, library books, and reference books;
177repair of books.--
178     (1)(a)  On or before July 1 each year, the commissioner
179shall certify to each district school superintendent the
180estimated allocation of state funds for instructional materials,
181computed under pursuant to the provisions of s. 1011.67 for the
182ensuing fiscal year. All instructional materials used must align
183to the Sunshine State Standards. Instructional materials used to
184teach reading shall, to the maximum extent practicable,
185incorporate nonfictional content from other core subjects.
186     (b)  A school district may not expend funds from the
187instructional materials allocation for Florida Comprehensive
188Assessment Test (FCAT) practice tests, sample test items, or
189practice workbooks or for any other materials dedicated to test-
190taking exercises or strategies designed exclusively for FCAT
191preparation or that include any reference to the "Florida
192Comprehensive Assessment Test" or "FCAT." The department shall
193notify publishers and manufacturers of this prohibition by
194including notice of this paragraph in the instructional
195materials specifications for each adoption. A school district's
196violation of this paragraph is subject to the withholding of
197funds from the instructional materials allocation under s.
1981001.42(7).
199     (3)
200     (b)  Up to 50 percent of the annual allocation may be used
201for the purchase of instructional materials, including library
202and reference books and nonprint materials, not included on the
203state-adopted list and for the repair and renovation of
204textbooks and library books. Notwithstanding subsection (4), up
205to 10 percent of the funds used for the purchase of
206instructional materials not on the state-adopted list may be
207used to purchase digital or online content, or technology
208devices with digital or online content, if the publisher or
209manufacturer clearly demonstrates that the content is aligned to
210the Sunshine State Standards.
211     Section 15.  Section 1008.22, Florida Statutes, is amended
212to read:
213     1008.22  Student assessment program for public schools.--
214     (1)  PURPOSE.--The primary purposes of the student
215assessment program are to provide information needed to improve
216the public schools by enhancing the learning gains of all
217students and to inform parents of the educational progress of
218their public school children. The program must be designed to:
219     (a)  Assess the annual learning gains of each student
220toward achieving the Sunshine State Standards appropriate for
221the student's grade level.
222     (b)  Provide data for making decisions regarding school
223accountability and recognition.
224     (c)  Identify the educational strengths and needs of
225students and the readiness of students to be promoted to the
226next grade level or to graduate from high school with a standard
227or special high school diploma.
228     (d)  Assess how well educational goals and curricular
229performance standards are met at the school, district, and state
230levels.
231     (e)  Provide information to aid in the evaluation and
232development of educational programs and policies.
233     (f)  Provide information on the performance of Florida
234students compared with that of other students across the United
235States.
236     (2)  NATIONAL EDUCATION COMPARISONS.--It is Florida's
237intent to participate in the measurement of national educational
238goals. The Commissioner of Education shall direct Florida school
239districts to participate in the administration of the National
240Assessment of Educational Progress, or a similar national
241assessment program, both for the national sample and for any
242state-by-state comparison programs which may be initiated. The
243Such assessments must be conducted using the data collection
244procedures, the student surveys, the educator surveys, and other
245instruments included in the National Assessment of Educational
246Progress or similar program being administered in Florida. The
247results of these assessments shall be included in the annual
248report of the Commissioner of Education specified in this
249section. The administration of the National Assessment of
250Educational Progress or similar program shall be in addition to
251and separate from the administration of the statewide assessment
252program.
253     (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
254design and implement a statewide program of educational
255assessment that provides information for the improvement of the
256operation and management of the public schools, including
257schools operating for the purpose of providing educational
258services to youth in Department of Juvenile Justice programs.
259The commissioner may enter into contracts for the continued
260administration of the assessment, testing, and evaluation
261programs authorized and funded by the Legislature. Contracts may
262be initiated in 1 fiscal year and continue into the next and may
263be paid from the appropriations of either or both fiscal years.
264The commissioner is authorized to negotiate for the sale or
265lease of tests, scoring protocols, test scoring services, and
266related materials developed pursuant to law. Pursuant to the
267statewide assessment program, the commissioner shall:
268     (a)  Submit proposed enhanced curricular Sunshine State
269Standards to the State Board of Education for adoption and
270periodic review and revision under s. 1003.41. a list that
271specifies student skills and competencies to which the goals for
272education specified in the state plan apply, including, but not
273limited to, reading, writing, science, and mathematics. The
274skills and competencies must include problem-solving and higher-
275order skills as appropriate and shall be known as the Sunshine
276State Standards as defined in s. 1000.21. The commissioner shall
277select such skills and competencies after receiving
278recommendations from educators, citizens, and members of the
279business community. The commissioner shall submit to the State
280Board of Education revisions to the list of student skills and
281competencies in order to maintain continuous progress toward
282improvements in student proficiency.
283     (b)  Develop and implement a uniform system of indicators
284to describe the performance of public school students and the
285characteristics of the public school districts and the public
286schools. These indicators must include, without limitation,
287information gathered by the comprehensive management information
288system created pursuant to s. 1008.385 and student achievement
289information obtained pursuant to this section.
290     (c)  Develop and implement a student achievement testing
291program known as the Florida Comprehensive Assessment Test
292(FCAT) as part of the statewide assessment program to measure a
293student's content knowledge and skills in reading, writing,
294science, and mathematics, and, by the 2012-2013 school year,
295social studies. Other content areas may be included as directed
296by the commissioner. Comprehensive assessments The assessment of
297reading and mathematics shall be administered annually in grades
2983 through 10. Comprehensive assessments The assessment of
299writing and science shall be administered at least once at the
300elementary, middle, and high school levels. Comprehensive
301assessment of social studies shall be administered at least once
302at the middle school level. End-of-course assessments of social
303studies shall be administered at the high school level. End-of-
304course assessments of any other subject may be administered in
305addition to the comprehensive assessments required under this
306paragraph. An end-of-course assessment must be rigorous,
307standardized, and administered statewide. The content knowledge
308and skills assessed by comprehensive and end-of-course
309assessments must be aligned to the core curricular content
310established in the Sunshine State Standards. The commissioner
311may select one or more nationally developed comprehensive
312examinations, which may include, but are not limited to,
313examinations for a College Board Advanced Placement course,
314International Baccalaureate course, or Advanced International
315Certificate of Education course, for use as end-of-course
316assessments under this paragraph, if the commissioner determines
317that the content knowledge and skills assessed by the
318examinations meet or exceed the grade-level expectations of the
319Sunshine State Standards for the course must document the
320procedures used to ensure that the versions of the FCAT which
321are taken by students retaking the grade 10 FCAT are equally as
322challenging and difficult as the tests taken by students in
323grade 10 which contain performance tasks. The testing program
324must be designed as follows so that:
325     1.  The tests measure student skills and competencies
326adopted by the State Board of Education as specified in
327paragraph (a). The tests must measure and report student
328proficiency levels of all students assessed in reading, writing,
329mathematics, and science, and social studies. The commissioner
330shall provide for the tests to be developed or obtained, as
331appropriate, through contracts and project agreements with
332private vendors, public vendors, public agencies, postsecondary
333educational institutions, or school districts. An entity awarded
334a contract or entering into a project agreement, or a corporate
335affiliate or subsidiary of the entity, may not participate in
336the development or publication of practice tests, sample test
337items, or practice workbooks or of any other materials dedicated
338to test-taking exercises or strategies for the tests developed
339or obtained through the contract or project agreement, except as
340authorized in the contract or project agreement or otherwise
341authorized in writing by the commissioner. The commissioner
342shall obtain input with respect to the design and implementation
343of the testing program from assessment experts, state educators,
344assistive technology experts, and the public. In addition, the
345commissioner shall provide for ongoing review of the FCAT by an
346independent test-measurement expert who provides analysis and
347evaluation of the test and testing practices.
348     2.  The testing program shall be composed will include a
349combination of norm-referenced and criterion-referenced tests,
350which shall and include, to the extent determined by the
351commissioner, include test items questions that require the
352student to produce information or perform tasks in such a way
353that the core content knowledge and skills and competencies he
354or she uses can be measured.
355     3.  Beginning with the 2008-2009 school year, the
356commissioner shall discontinue administration of the selected-
357response test items on the comprehensive assessments of writing.
358Beginning with the 2012-2013 school year, the comprehensive
359assessments of writing shall be composed of a combination of
360selected-response test items, short-response performance tasks,
361and extended-response performance tasks, which shall measure a
362student's content knowledge of writing, including, but not
363limited to, paragraph and sentence structure, sentence
364construction, grammar and usage, punctuation, capitalization,
365spelling, parts of speech, verb tense, irregular verbs, subject-
366verb agreement, and noun-pronoun agreement. Each testing
367program, whether at the elementary, middle, or high school
368level, includes a test of writing in which students are required
369to produce writings that are then scored by appropriate and
370timely methods.
371     4.  For each test, a score shall be is designated for each
372subject area tested, below which score a student's performance
373shall be is deemed inadequate. A The school district districts
374shall provide appropriate remedial instruction to students whose
375performance is who score below grade level these levels.
376     5.  Except as provided in s. 1003.428(8)(b) or s.
3771003.43(11)(b), students must earn a passing score on the grade
37810 assessment test described in this paragraph or attain
379concordant scores as described in subsection (9) in reading,
380writing, and mathematics to qualify for a standard high school
381diploma. The State Board of Education shall designate a passing
382score for each part of the grade 10 assessment test. In
383establishing passing scores, the state board shall consider any
384possible negative impact of the test on minority students. The
385State Board of Education shall adopt rules that which specify
386the passing scores for the grade 10 FCAT. Any such rules that,
387which have the effect of raising the required passing scores,
388shall only apply to students taking the grade 10 FCAT for the
389first time after such rules are adopted by the State Board of
390Education.
391     6.  Participation in the testing program shall be is
392mandatory for all students attending public school, including
393students served in Department of Juvenile Justice programs,
394except as otherwise prescribed by the commissioner. If a student
395does not participate in the statewide assessment, the district
396must notify the student's parent and provide the parent with
397information regarding the implications of such nonparticipation.
398A parent must provide signed consent for a student to receive
399classroom instructional accommodations that would not be
400available or permitted on the statewide assessments and must
401acknowledge in writing that he or she understands the
402implications of such instructional accommodations. The State
403Board of Education shall adopt rules, based upon recommendations
404of the commissioner, for the provision of test accommodations
405for students in exceptional education programs and for students
406who have limited English proficiency. Accommodations that negate
407the validity of a statewide assessment are not allowable in the
408administration of the FCAT. However, instructional
409accommodations are allowable in the classroom if included in a
410student's individual education plan. Students using
411instructional accommodations in the classroom that are not
412allowable as accommodations on the FCAT may have the FCAT
413requirement waived under pursuant to the requirements of s.
4141003.428(8)(b) or s. 1003.43(11)(b).
415     7.  A student seeking an adult high school diploma must
416meet the same testing requirements that a regular high school
417student must meet.
418     8.  District school boards must provide instruction to
419prepare students to demonstrate proficiency in the core
420curricular content established in the Sunshine State Standards
421adopted under s. 1003.41, including the core content knowledge
422and skills and competencies necessary for successful grade-to-
423grade progression and high school graduation. If a student is
424provided with instructional accommodations in the classroom that
425are not allowable as accommodations in the statewide assessment
426program, as described in the test manuals, the district must
427inform the parent in writing and must provide the parent with
428information regarding the impact on the student's ability to
429meet expected proficiency levels in reading, writing, science,
430mathematics, and social studies math. The commissioner shall
431conduct studies as necessary to verify that the required core
432curricular content is skills and competencies are part of the
433district instructional programs.
434     9.  District school boards must provide opportunities for
435students to demonstrate an acceptable level of performance on an
436alternative standardized assessment approved by the State Board
437of Education following enrollment in summer academies.
438     10.  The Department of Education must develop, or select,
439and implement a common battery of assessment tools that are will
440be used in all juvenile justice programs in the state. These
441tools must accurately measure the core curricular content skills
442and competencies established in the Sunshine State Standards.
443     11.  For students seeking a special diploma under pursuant
444to s. 1003.438, the Department of Education must develop, or
445select, and implement an alternate assessment tool that
446accurately measures the core curricular content skills and
447competencies established in the Sunshine State Standards for
448students with disabilities under s. 1003.438.
449     12.  The Commissioner of Education shall establish
450schedules for the administration of statewide assessments and
451the reporting of student test results. The commissioner shall,
452by August 1 of each year, notify each school district in writing
453and publish on the department's Internet website the testing and
454reporting schedules for, at a minimum, the school year following
455the upcoming school year. The testing and reporting schedules
456shall require that:
457     a.  There be the latest possible administration of
458statewide assessments and the earliest possible reporting to the
459school districts of student test results that are feasible
460within available technology and specific appropriations.
461     b.  Beginning with the 2010-2011 school year, a
462comprehensive statewide assessment of writing not be
463administered earlier than the week of March 1 and a
464comprehensive statewide assessment of any other subject not be
465administered earlier than the week of April 15.
466     c.  A statewide end-of-course assessment be administered
467within the last 2 weeks of the course.
468     d.  Student test results of statewide assessments be
469reported by the week of the first Monday in June following
470administration of the assessments.
471
472The commissioner may, based on collaboration and input from
473school districts, design and implement student testing programs,
474for any grade level and subject area, necessary to effectively
475monitor educational achievement in the state, including the
476measurement of educational achievement of the Sunshine State
477Standards for students with disabilities. Development and
478refinement of assessments shall include universal design
479principles and accessibility standards that will prevent any
480unintended obstacles for students with disabilities while
481ensuring the validity and reliability of the test. These
482principles should be applicable to all technology platforms and
483assistive devices available for the assessments. The field
484testing process and psychometric analyses for the statewide
485assessment program must include an appropriate percentage of
486students with disabilities and an evaluation or determination of
487the effect of test items on such students.
488     (d)  Conduct ongoing research to develop improved methods
489of assessing student performance, including, without limitation,
490the use of technology to administer tests, score, or report the
491results of, the use of electronic transfer of data, the
492development of work-product assessments, and the development of
493process assessments.
494     (e)  Conduct ongoing research and analysis of student
495achievement data, including, without limitation, monitoring
496trends in student achievement by grade level and overall student
497achievement, identifying school programs that are successful,
498and analyzing correlates of school achievement.
499     (f)  Provide technical assistance to school districts in
500the implementation of state and district testing programs and
501the use of the data produced pursuant to such programs.
502     (g)  Study the cost and student achievement impact of
503secondary end-of-course assessments, including web-based and
504performance formats, and report to the Legislature prior to
505implementation.
506     (4)  DISTRICT TESTING PROGRAMS.--Each district school board
507shall periodically assess student performance and achievement
508within each school of the district. The assessment programs must
509be based on the core curricular content established in the
510Sunshine State Standards and any upon local goals and objectives
511that are compatible with the state plan for education and that
512supplement the core content knowledge and skills necessary for
513successful grade-to-grade progression and high school graduation
514and competencies adopted by the State Board of Education. All
515school districts must participate in the statewide assessment
516program designed to measure annual student learning and school
517performance. All district school boards shall report assessment
518results as required by the state management information system.
519     (5)  SCHOOL TESTING PROGRAMS.--Each public school shall
520participate in the statewide assessment program in accordance
521with the testing and reporting schedules published by the
522Commissioner of Education under subparagraph (3)(c)12., unless
523specifically exempted by state board rule based on serving a
524specialized population for which standardized testing is not
525appropriate. Student performance data shall be analyzed and
526reported to parents, the community, and the state. Student
527performance data shall be used in developing objectives of the
528school improvement plan, evaluation of instructional personnel,
529evaluation of administrative personnel, assignment of staff,
530allocation of resources, acquisition of instructional materials
531and technology, performance-based budgeting, and promotion and
532assignment of students into educational programs. The analysis
533of student performance data also must identify strengths and
534needs in the educational program and trends over time. The
535analysis must be used in conjunction with the budgetary planning
536processes developed pursuant to s. 1008.385 and the development
537of the programs of remediation.
538     (6)  REQUIRED ANALYSES.--The commissioner shall provide, at
539a minimum, for the following analyses of data produced by the
540student achievement testing program:
541     (a)  The statistical system for the annual assessments
542shall use measures of student learning, such as the FCAT, to
543determine teacher, school, and school district statistical
544distributions, which shall be determined using available data
545from the FCAT, and other data collection as deemed appropriate
546by the Department of Education, to measure the differences in
547student prior year achievement compared to the current year
548achievement for the purposes of accountability and recognition.
549     (b)  The statistical system shall provide the best
550estimates of teacher, school, and school district effects on
551student progress. The approach used by the department shall be
552approved by the commissioner before implementation.
553     (c)  The annual testing program shall be administered to
554provide for valid statewide comparisons of learning gains to be
555made for purposes of accountability and recognition. The
556commissioner shall establish a schedule for the administration
557of the statewide assessments. In establishing such schedule, the
558commissioner is charged with the duty to accomplish the latest
559possible administration of the statewide assessments and the
560earliest possible provision of the results to the school
561districts feasible within available technology and specific
562appropriation. District school boards shall not establish school
563calendars that jeopardize or limit the valid testing and
564comparison of student learning gains.
565     (7)  LOCAL ASSESSMENTS.--Measurement of the learning gains
566of students in all subjects and grade levels other than subjects
567and grade levels required for the state student achievement
568testing program is the responsibility of the school districts.
569     (8)  APPLICABILITY OF TESTING STANDARDS.--
570     (a)  If the Commissioner of Education revises a statewide
571assessment and the revisions require the State Board of
572Education to modify the assessment's proficiency levels or
573modify the passing scores required for a standard high school
574diploma, until the state board adopts the modifications by rule,
575the commissioner shall use calculations for scoring the
576assessment that adjust student scores on the revised assessment
577for statistical equivalence to student scores on the former
578assessment.
579     (b)  A student must attain meet the passing scores on a
580statewide assessment required testing requirements for a
581standard high school diploma graduation that were in effect at
582the time the student entered 9th grade 9 if, provided the
583student's enrollment was continuous.
584     (c)  If the commissioner revises a statewide assessment and
585the revisions require the State Board of Education to modify the
586passing scores required for a standard high school diploma, the
587commissioner may, with approval of the state board, discontinue
588administration of the former assessment upon the graduation,
589based on normal student progression, of students participating
590in the final regular administration of the former assessment.
591The state board shall adopt by rule passing scores for the
592revised assessment that are statistically equivalent to passing
593scores on the discontinued assessment for a student required
594under paragraph (b) to attain passing scores on the discontinued
595assessment.
596     (9)  CONCORDANT SCORES FOR THE FCAT.--
597     (a)  The State Board of Education shall analyze the content
598and concordant data sets for widely used high school achievement
599tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
600and College Placement Test, to assess if concordant scores for
601FCAT scores can be determined for high school graduation,
602college placement, and scholarship awards. In cases where
603content alignment and concordant scores can be determined, the
604Commissioner of Education shall adopt those scores as meeting
605the graduation requirement in lieu of achieving the FCAT passing
606score and may adopt those scores as being sufficient to achieve
607additional purposes as determined by rule. Each time that test
608content or scoring procedures change are changed for the FCAT or
609for a high school achievement test for which a concordant score
610is determined one of the identified tests, new concordant scores
611must be determined.
612     (b)  In order to use a concordant subject area score
613pursuant to this subsection to satisfy the assessment
614requirement for a standard high school diploma as provided in s.
6151003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
616take each subject area of the grade 10 FCAT a total of three
617times without earning a passing score. The requirements of this
618paragraph shall not apply to a new student who enters the
619Florida public school system in grade 12, who may either achieve
620a passing score on the FCAT or use an approved subject area
621concordant score to fulfill the graduation requirement.
622     (c)  The State Board of Education may define by rule the
623allowable uses, other than to satisfy the high school graduation
624requirement, for concordant scores as described in this
625subsection. Such uses may include, but need not be limited to,
626achieving appropriate standardized test scores required for the
627awarding of Florida Bright Futures Scholarships and college
628placement.
629     (10)  REPORTS.--The Department of Education shall annually
630provide a report to the Governor, the President of the Senate,
631and the Speaker of the House of Representatives on the
632following:
633     (a)  Longitudinal performance of students in mathematics
634and reading.
635     (b)  Longitudinal performance of students by grade level in
636mathematics and reading.
637     (c)  Longitudinal performance regarding efforts to close
638the achievement gap.
639     (d)  Longitudinal performance of students on the norm-
640referenced component of the FCAT.
641     (d)(e)  Other student performance data based on national
642norm-referenced and criterion-referenced tests, when available,
643and numbers of students who after 8th grade enroll in adult
644education rather than other secondary education.
645     (11)  RULES.--The State Board of Education shall adopt
646rules under pursuant to ss. 120.536(1) and 120.54 to implement
647the provisions of this section.
648
649
650
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651
T I T L E  A M E N D M E N T
652     Remove lines 24-54 and insert:
6531003.43, 1003.63, 1006.28, and 1006.31, F.S.; conforming
654provisions; amending s. 1006.34, F.S.; specifying additional
655criteria for evaluating instructional materials; conforming
656provisions; amending s. 1006.38, F.S.; conforming provisions;
657amending s. 1006.40, F.S.; requiring instructional materials to
658align to the Sunshine State Standards; prohibiting school
659district expenditure of the instructional materials allocation
660for purposes of FCAT preparation; requiring notification to
661manufacturers and publishers; providing a penalty; authorizing
662purchases of specified content or devices; amending s. 1008.22,
663F.S.; revising requirements and conforming provisions relating
664to the statewide assessment program; revising powers and duties
665of the Commissioner of Education; requiring the FCAT to assess
666students in social studies by a certain time; providing for end-
667of-course assessments; requiring the content knowledge and
668skills assessed by the FCAT and end-of-course assessments to
669align to the Sunshine State Standards; authorizing the
670commissioner to select certain nationally developed examinations
671as end-of-course assessments under specified conditions;
672deleting provisions relating to documentation of certain testing
673procedures; providing restrictions on the development or
674publication of test-preparation materials; deleting requirements
675for norm-referenced tests; revising requirements for assessments
676of writing; establishing requirements for FCAT testing and
677reporting schedules; requiring public schools to


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