HB 7045

1	A bill to be entitled
2	An act relating to public school curricular standards;
3	amending s. 1003.41, F.S.; requiring the State Board of
4	Education to review the Sunshine State Standards and
5	replace them with enhanced curricular standards;
6	establishing requirements for the standards; providing
7	requirements for the adoption, review, and revision of the
8	standards; requiring evaluation of proposed standards;
9	authorizing the adoption of rules; amending s. 1000.21,
10	F.S.; revising the systemwide definition of "Sunshine
11	State Standards"; amending s. 1001.03, F.S.; requiring the
12	state board to review and revise the Sunshine State
13	Standards; conforming provisions; amending s. 1001.41,
14	F.S.; conforming provisions relating to district school
15	board adoption of standards and policies; amending s.
16	1001.42, F.S.; prohibiting school district expenditure of
17	legislative appropriations for purposes of Florida
18	Comprehensive Assessment Test (FCAT) preparation;
19	providing penalties for unlawful expenditures; amending
20	ss. 1003.428, 1003.429, 1003.43, 1003.433, 1006.28, and
21	1006.31, F.S.; conforming provisions and cross-references;
22	amending s. 1006.34, F.S.; specifying additional criteria
23	for evaluating instructional materials; conforming
24	provisions; amending s. 1006.38, F.S.; conforming
25	provisions; amending s. 1006.40, F.S.; requiring
26	instructional materials to align to the Sunshine State
27	Standards; prohibiting school district expenditure of the
28	instructional materials allocation for purposes of FCAT
29	preparation; requiring notification to manufacturers and
30	publishers; providing a penalty; authorizing purchases of
31	certain technology devices; amending s. 1008.22, F.S.;
32	revising requirements and conforming provisions relating
33	to the statewide assessment program; revising powers and
34	duties of the Commissioner of Education; requiring the
35	FCAT to assess students in social studies by a certain
36	time; providing for end-of-course assessments; requiring
37	the content knowledge and skills assessed by the FCAT and
38	end-of-course assessments to align to the Sunshine State
39	Standards; deleting provisions relating to documentation
40	of certain testing procedures; providing restrictions on
41	the development or publication of test-preparation
42	materials; revising requirements for norm-referenced
43	tests; establishing requirements for FCAT testing and
44	reporting schedules; prohibiting certain practice testing
45	and FCAT-preparation activities; requiring public schools
46	to comply with statewide assessment and reporting
47	schedules; establishing requirements for calculating
48	student scores on revised statewide assessments;
49	authorizing the administration of former assessments to be
50	discontinued under certain circumstances; requiring the
51	state board to adopt rules establishing passing scores on
52	revised assessments required for a standard high school
53	diploma; clarifying determination of concordant scores for
54	the FCAT; amending s. 1008.25, F.S.; requiring each
55	district school board's student progression program to
56	include performance in social studies; requiring
57	assessment, remediation, and reporting related thereto;
58	amending s. 1008.34, F.S.; exempting certain schools from
59	receiving school grades; revising the definition of "home
60	school" for purposes of calculating school grades for
61	alternative schools; requiring annual collaboration among
62	school principals concerning the school assignment of
63	students attending an alternative school; amending s.
64	1008.341, F.S.; exempting certain alternative schools from
65	receiving school improvement ratings; amending s.
66	1008.345, F.S.; conforming provisions; providing an
67	effective date.
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  Section 1003.41, Florida Statutes, is amended
72	to read:
73	1003.41  Sunshine State Standards.--
74	(1)  Public K-12 educational instruction in Florida shall
75	be is based on the "Sunshine State Standards." The State Board
76	of Education shall review the Sunshine State Standards and
77	replace them with enhanced curricular standards that establish
78	the core content of the curricula to be taught in this state and
79	that specify the core content knowledge and skills that K-12
80	public school students are expected to acquire. The enhanced
81	curricular standards must, at a minimum:
82	(a)  Establish the core curricular content for language
83	arts, science, mathematics, and social studies, as follows:
84	1.  Language arts standards must establish specific
85	curricular content for, at a minimum, reading, grammar,
86	literature, and writing. The standards must include distinct
87	grade-level expectations for the core content knowledge and
88	skills that a student is expected to have acquired by each
89	individual grade level from kindergarten through grade 12. The
90	language arts standards must also identify a specific list of
91	authors, important literary works, and literary traditions that
92	a student is expected to have read by each individual grade
93	level. The State Board of Education shall, in accordance with
94	the expedited schedule established under subsection (2), review
95	and replace the reading and language arts standards adopted by
96	the state board in 2007 with enhanced curricular standards that
97	comply with this subparagraph.
98	2.  Science standards must establish specific curricular
99	content for, at a minimum, the nature of science, earth and
100	space science, physical science, and life science. The standards
101	must include distinct grade-level expectations for the core
102	content knowledge and skills that a student is expected to have
103	acquired by each individual grade level from kindergarten
104	through grade 8. The science standards for grades 9 through 12
105	may be organized by grade clusters of more than one grade level.
106	3.  Mathematics standards must establish specific
107	curricular content for, at a minimum, algebra, geometry,
108	probability, statistics, calculus, discrete mathematics,
109	financial literacy, and trigonometry. The standards must include
110	distinct grade-level expectations for the core content knowledge
111	and skills that a student is expected to have acquired by each
112	individual grade level from kindergarten through grade 8. The
113	mathematics standards for grades 9 through 12 may be organized
114	by grade clusters of more than one grade level.
115	4.  Social studies standards must establish specific
116	curricular content for, at a minimum, geography, history,
117	government, civics, economics, United States patriotism, and
118	national sovereignty. The standards must include distinct grade-
119	level expectations for the core content knowledge and skills
120	that a student is expected to have acquired by each individual
121	grade level from kindergarten through grade 8. The social
122	studies standards for grades 9 through 12 may be organized by
123	grade clusters of more than one grade level.
124	(b)  Establish the core curricular content for visual and
125	performing arts, physical education, health, and foreign
126	languages. Standards for these subjects must establish specific
127	curricular content and include distinct grade-level expectations
128	for the core content knowledge and skills that a student is
129	expected to have acquired by each individual grade level from
130	kindergarten through grade 5. The standards for grades 6 through
131	12 may be organized by grade clusters of more than one grade
132	level.
133	(c)  Identify the core curricular content that a student is
134	expected to learn, for each subject at each individual grade
135	level, in order to acquire the broad background knowledge needed
136	for reading comprehension.
137	(d)  Be rigorous and relevant and provide for the logical,
138	sequential progression of core curricular content that
139	incrementally increases a student's core content knowledge and
140	skills over time.
141	(e)  Integrate critical-thinking and problem-solving
142	skills; communication, reading, and writing skills; mathematics
143	skills; collaboration skills; contextual and applied-learning
144	skills; technology-literacy skills; information and media-
145	literacy skills; and civic-engagement skills.
146	(f)  Be organized according to a uniform structure and
147	format that is consistent for each subject. The enhanced
148	curricular standards shall, for each subject and grade level,
149	use the same alphanumeric coding system.
150	(g)  Be aligned to expectations for success in
151	postsecondary education and high-skill, high-wage employment.
152	(2)  By December 31, 2008, the State Board of Education
153	shall establish an expedited schedule for adoption of the
154	enhanced curricular Sunshine State Standards and shall establish
155	by rule a schedule for the periodic review and revision of the
156	standards. The state board must adopt the enhanced curricular
157	standards for each subject by December 31, 2011.
158	(3)(a)  The Commissioner of Education shall develop and
159	submit to the State Board of Education proposed enhanced
160	curricular Sunshine State Standards, and periodically submit
161	proposed revisions to the standards, for adoption by the state
162	board according to the schedules established under subsection
163	(2). The commissioner, in developing the proposed standards,
164	shall consult with renowned experts on K-12 curricular standards
165	and content in each subject listed in paragraphs (1)(a) and
166	(1)(b) and shall consider standards that are implemented by
167	other states or nations and regarded as exceptionally rigorous
168	by the curricular and content experts. The commissioner may also
169	consult with curricular and content experts in other subjects.
170	(b)  The commissioner shall submit the proposed standards
171	for review and comment by Florida educators, school
172	administrators, representatives of community colleges and state
173	universities who have expertise in the content knowledge and
174	skills necessary to prepare a student for postsecondary
175	education, and leaders in business and industry. The
176	commissioner, after considering any comments and making any
177	revisions to the proposed standards, shall submit the standards
178	for written evaluation by renowned experts on K-12 curricular
179	standards and content.
180	(c)  The commissioner, upon finalizing the proposed
181	standards, shall submit the standards and evaluations by the
182	curricular and content experts to the Governor, the President of
183	the Senate, and the Speaker of the House of Representatives at
184	least 21 days before the State Board of Education considers
185	adoption of the proposed standards.
186	(4)  The State Board of Education may adopt rules under ss.
187	120.536(1) and 120.54 to implement this section. These standards
188	have been adopted by the State Board of Education and delineate
189	the academic achievement of students, for which the state will
190	hold schools accountable, in grades K-2, 3-5, 6-8, and 9-12 in
191	the subjects of language arts, mathematics, science, social
192	studies, the arts, health and physical education, and foreign
193	languages. They include standards in reading, writing, history,
194	government, geography, economics, and computer literacy.
195	Section 2.  Subsection (7) of section 1000.21, Florida
196	Statutes, is amended to read:
197	1000.21  Systemwide definitions.--As used in the Florida K-
198	20 Education Code:
199	(7)  "Sunshine State Standards" means the state's public K-
200	12 curricular are standards adopted under s. 1003.41 that
201	establish the core content of the curricula to be taught in this
202	state and that specify the core content knowledge and skills
203	that K-12 public school students are expected to acquire. The
204	term includes the current Sunshine State Standards for a subject
205	until the standards are replaced under s. 1003.41 by enhanced
206	curricular standards. that identify what public school students
207	should know and be able to do. These standards delineate the
208	academic achievement of students for which the state will hold
209	its public schools accountable in grades K-2, 3-5, 6-8, and 9-
210	12, in the subjects of language arts, mathematics, science,
211	social studies, the arts, health and physical education, foreign
212	languages, reading, writing, history, government, geography,
213	economics, and computer literacy.
214	Section 3.  Subsection (1) of section 1001.03, Florida
215	Statutes, is amended to read:
216	1001.03  Specific powers of State Board of Education.--
217	(1)  PUBLIC K-12 CURRICULAR STUDENT PERFORMANCE
218	STANDARDS.--The State Board of Education shall adopt and
219	periodically review and revise approve the student performance
220	standards known as the Sunshine State Standards in accordance
221	with s. 1003.41. key academic subject areas and grade levels.
222	The state board shall establish a schedule to facilitate the
223	periodic review of the standards to ensure adequate rigor,
224	relevance, logical student progression, and integration of
225	reading, writing, and mathematics across all subject areas. The
226	standards review by subject area must include participation of
227	curriculum leaders in other content areas, including the arts,
228	to ensure valid content area integration and to address the
229	instructional requirements of different learning styles. The
230	process for review and proposed revisions must include
231	leadership and input from the state's classroom teachers, school
232	administrators, and community colleges and universities, and
233	from representatives from business and industry who are
234	identified by local education foundations. A report including
235	proposed revisions must be submitted to the Governor, the
236	President of the Senate, and the Speaker of the House of
237	Representatives annually to coincide with the established review
238	schedule. The review schedule and an annual status report must
239	be submitted to the Governor, the President of the Senate, and
240	the Speaker of the House of Representatives annually not later
241	than January 1.
242	Section 4.  Subsection (3) of section 1001.41, Florida
243	Statutes, is amended to read:
244	1001.41  General powers of district school board.--The
245	district school board, after considering recommendations
246	submitted by the district school superintendent, shall exercise
247	the following general powers:
248	(3)  Prescribe and Adopt standards and policies that to
249	provide each student the opportunity to receive a complete
250	education program, including instruction in the core curricular
251	content established in language arts, mathematics, science,
252	social studies, health, physical education, foreign languages,
253	and the arts, as defined by the Sunshine State Standards. The
254	standards and policies must emphasize integration and
255	reinforcement of reading, writing, and mathematics skills across
256	all subjects, including career awareness, career exploration,
257	and Career and technical education standards and policies must
258	integrate with and reinforce the Sunshine State Standards.
259	Section 5.  Subsection (7) of section 1001.42, Florida
260	Statutes, is amended to read:
261	1001.42  Powers and duties of district school board.--The
262	district school board, acting as a board, shall exercise all
263	powers and perform all duties listed below:
264	(7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL
265	MATERIALS.--Provide adequate instructional materials for all
266	students in accordance with the requirements of chapter 1006. A
267	school district may not expend any legislative appropriation,
268	including, but not limited to, the instructional materials
269	allocation, for Florida Comprehensive Assessment Test (FCAT)
270	practice tests, sample test items, or practice workbooks or for
271	any other materials dedicated to test-taking exercises or
272	strategies designed exclusively for FCAT preparation or that
273	include any reference to the "Florida Comprehensive Assessment
274	Test" or "FCAT." If the Auditor General determines that a school
275	district has violated this subsection, the department shall
276	withhold from the next distribution of funds from the
277	instructional materials allocation under s. 1011.67 an amount
278	equal to the legislative appropriations expended in violation of
279	this subsection. The district school board shall appropriately
280	discipline the malfeasant staff responsible for the unlawful
281	expenditure.
282	Section 6.  Paragraph (b) of subsection (4) and paragraph
283	(a) of subsection (8) of section 1003.428, Florida Statutes, are
284	amended to read:
285	1003.428  General requirements for high school graduation;
286	revised.--
287	(4)  Each district school board shall establish standards
288	for graduation from its schools, which must include:
289	(b)  Earning passing scores on the FCAT, as defined in s.
290	1008.22(3)(c), or scores on a standardized test that are
291	concordant with passing scores on the FCAT as defined in s.
292	1008.22(10)(9).
293
294	Each district school board shall adopt policies designed to
295	assist students in meeting the requirements of this subsection.
296	These policies may include, but are not limited to: forgiveness
297	policies, summer school or before or after school attendance,
298	special counseling, volunteers or peer tutors, school-sponsored
299	help sessions, homework hotlines, and study skills classes.
300	Forgiveness policies for required courses shall be limited to
301	replacing a grade of "D" or "F," or the equivalent of a grade of
302	"D" or "F," with a grade of "C" or higher, or the equivalent of
303	a grade of "C" or higher, earned subsequently in the same or
304	comparable course. Forgiveness policies for elective courses
305	shall be limited to replacing a grade of "D" or "F," or the
306	equivalent of a grade of "D" or "F," with a grade of "C" or
307	higher, or the equivalent of a grade of "C" or higher, earned
308	subsequently in another course. The only exception to these
309	forgiveness policies shall be made for a student in the middle
310	grades who takes any high school course for high school credit
311	and earns a grade of "C," "D," or "F" or the equivalent of a
312	grade of "C," "D," or "F." In such case, the district
313	forgiveness policy must allow the replacement of the grade with
314	a grade of "C" or higher, or the equivalent of a grade of "C" or
315	higher, earned subsequently in the same or comparable course. In
316	all cases of grade forgiveness, only the new grade shall be used
317	in the calculation of the student's grade point average. Any
318	course grade not replaced according to a district school board
319	forgiveness policy shall be included in the calculation of the
320	cumulative grade point average required for graduation.
321	(8)(a)  Each district school board must provide instruction
322	to prepare students with disabilities to demonstrate proficiency
323	in the core content knowledge and skills and competencies
324	necessary for successful grade-to-grade progression and high
325	school graduation.
326	Section 7.  Paragraph (a) of subsection (6) of section
327	1003.429, Florida Statutes, is amended to read:
328	1003.429  Accelerated high school graduation options.--
329	(6)  Students pursuing accelerated 3-year high school
330	graduation options pursuant to paragraph (1)(b) or paragraph
331	(1)(c) are required to:
332	(a)  Earn passing scores on the FCAT as defined in s.
333	1008.22(3)(c) or scores on a standardized test that are
334	concordant with passing scores on the FCAT as defined in s.
335	1008.22(10)(9).
336
337	Weighted grades referred to in paragraphs (b), (c), and (d)
338	shall be applied to those courses specifically listed or
339	identified by the department as rigorous pursuant to s.
340	1009.531(3) or weighted by the district school board for class
341	ranking purposes.
342	Section 8.  Paragraph (a) of subsection (5) and paragraph
343	(a) of subsection (11) of section 1003.43, Florida Statutes, are
344	amended to read:
345	1003.43  General requirements for high school graduation.--
346	(5)  Each district school board shall establish standards
347	for graduation from its schools, and these standards must
348	include:
349	(a)  Earning passing scores on the FCAT, as defined in s.
350	1008.22(3)(c), or scores on a standardized test that are
351	concordant with passing scores on the FCAT as defined in s.
352	1008.22(10)(9).
353
354	The standards required in this subsection, and any subsequent
355	modifications, shall be reprinted in the Florida Administrative
356	Code even though not defined as "rules."
357	(11)(a)  Each district school board must provide
358	instruction to prepare students with disabilities to demonstrate
359	proficiency in the core content knowledge and skills and
360	competencies necessary for successful grade-to-grade progression
361	and high school graduation.
362	Section 9.  Subsection (1) of section 1003.433, Florida
363	Statutes, is amended to read:
364	1003.433  Learning opportunities for out-of-state and out-
365	of-country transfer students and students needing additional
366	instruction to meet high school graduation requirements.--
367	(1)  Students who enter a Florida public school at the
368	eleventh or twelfth grade from out of state or from a foreign
369	country shall not be required to spend additional time in a
370	Florida public school in order to meet the high school course
371	requirements if the student has met all requirements of the
372	school district, state, or country from which he or she is
373	transferring. Such students who are not proficient in English
374	should receive immediate and intensive instruction in English
375	language acquisition. However, to receive a standard high school
376	diploma, a transfer student must earn a 2.0 grade point average
377	and pass the grade 10 FCAT required in s. 1008.22(3) or an
378	alternate assessment as described in s. 1008.22(10)(9).
379	Section 10.  Paragraph (b) of subsection (1) of section
380	1006.28, Florida Statutes, is amended to read:
381	1006.28  Duties of district school board, district school
382	superintendent; and school principal regarding K-12
383	instructional materials.--
384	(1)  DISTRICT SCHOOL BOARD.--The district school board has
385	the duty to provide adequate instructional materials for all
386	students in accordance with the requirements of this part. The
387	term "adequate instructional materials" means a sufficient
388	number of textbooks or sets of materials serving as the basis
389	for instruction for each student in the core courses of
390	mathematics, language arts, social studies, science, reading,
391	and literature, except for instruction for which the school
392	advisory council approves the use of a program that does not
393	include a textbook as a major tool of instruction. The district
394	school board has the following specific duties:
395	(b)  Textbooks.--Provide for proper requisitioning,
396	distribution, accounting, storage, care, and use of all
397	instructional materials furnished by the state and furnish such
398	other instructional materials as may be needed. The district
399	school board shall assure that instructional materials used in
400	the district are consistent with the district goals and
401	objectives and the curriculum frameworks adopted by rule of the
402	State Board of Education, as well as with the state and district
403	curricular performance standards provided for in s. 1001.03(1).
404	Section 11.  Subsection (4) of section 1006.31, Florida
405	Statutes, is amended to read:
406	1006.31  Duties of each state instructional materials
407	committee.--The duties of each state instructional materials
408	committee are:
409	(4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To evaluate
410	carefully all instructional materials submitted, to ascertain
411	which instructional materials, if any, submitted for
412	consideration best implement the selection criteria developed by
413	the commissioner and those curricular objectives included within
414	applicable curricular performance standards provided for in s.
415	1001.03(1).
416	(a)  When recommending instructional materials for use in
417	the schools, each committee shall include only instructional
418	materials that accurately portray the ethnic, socioeconomic,
419	cultural, and racial diversity of our society, including men and
420	women in professional, career, and executive roles, and the role
421	and contributions of the entrepreneur and labor in the total
422	development of this state and the United States.
423	(b)  When recommending instructional materials for use in
424	the schools, each committee shall include only materials which
425	accurately portray, whenever appropriate, humankind's place in
426	ecological systems, including the necessity for the protection
427	of our environment and conservation of our natural resources and
428	the effects on the human system of the use of tobacco, alcohol,
429	controlled substances, and other dangerous substances.
430	(c)  When recommending instructional materials for use in
431	the schools, each committee shall require such materials as it
432	deems necessary and proper to encourage thrift, fire prevention,
433	and humane treatment of people and animals.
434	(d)  When recommending instructional materials for use in
435	the schools, each committee shall require, when appropriate to
436	the comprehension of students, that materials for social
437	science, history, or civics classes contain the Declaration of
438	Independence and the Constitution of the United States. No
439	instructional materials shall be recommended by any committee
440	for use in the schools which contain any matter reflecting
441	unfairly upon persons because of their race, color, creed,
442	national origin, ancestry, gender, or occupation.
443	(e)  All instructional materials recommended by each
444	committee for use in the schools shall be, to the satisfaction
445	of each committee, accurate, objective, and current and suited
446	to the needs and comprehension of students at their respective
447	grade levels. Instructional materials committees shall consider
448	for adoption materials developed for academically talented
449	students such as those enrolled in advanced placement courses.
450
451	The findings of the committees, including the evaluation of
452	instructional materials, shall be in sessions open to the
453	public. All decisions leading to determinations of the
454	committees shall be by roll call vote, and at no time will a
455	secret ballot be permitted.
456	Section 12.  Subsection (1) and paragraph (b) of subsection
457	(2) of section 1006.34, Florida Statutes, are amended to read:
458	1006.34  Powers and duties of the commissioner and the
459	department in selecting and adopting instructional materials.--
460	(1)  PROCEDURES FOR EVALUATING INSTRUCTIONAL
461	MATERIALS.--The commissioner shall prescribe the procedures by
462	which the department shall evaluate instructional materials
463	submitted by publishers and manufacturers in each adoption.
464	Included in these procedures shall be provisions that which
465	afford each publisher or manufacturer or his or her
466	representative an opportunity to present to members of the state
467	instructional materials committees the merits of each
468	instructional material submitted in each adoption. Beginning
469	July 1, 2008, the procedures must prohibit the adoption of
470	instructional materials that include any reference to the
471	"Florida Comprehensive Assessment Test" or "FCAT" and must
472	require any instructional materials submitted to clearly
473	demonstrate alignment to the Sunshine State Standards.
474	(2)  SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.--
475	(b)  In the selection of instructional materials, library
476	books, and other reading material used in the public school
477	system, the standards used to determine the propriety of the
478	material shall include:
479	1.  The age of the students who normally could be expected
480	to have access to the material.
481	2.  The educational purpose to be served by the material.
482	In considering instructional materials for classroom use,
483	priority shall be given to the selection of materials which
484	encompass the state and district school board curricular
485	performance standards provided for in s. 1001.03(1) and which
486	include the instructional objectives contained within the
487	curriculum frameworks approved by rule of the State Board of
488	Education.
489	3.  The degree to which the material would be supplemented
490	and explained by mature classroom instruction as part of a
491	normal classroom instructional program.
492	4.  The consideration of the broad racial, ethnic,
493	socioeconomic, and cultural diversity of the students of this
494	state.
495
496	No book or other material containing hard-core pornography or
497	otherwise prohibited by s. 847.012 shall be used or available
498	within any public school district.
499	Section 13.  Paragraph (b) of subsection (3) of section
500	1006.38, Florida Statutes, is amended to read:
501	1006.38  Duties, responsibilities, and requirements of
502	instructional materials publishers and
503	manufacturers.--Publishers and manufacturers of instructional
504	materials, or their representatives, shall:
505	(3)  Submit, at a time designated in s. 1006.33, the
506	following information:
507	(b)  Written proof that the publisher has provided written
508	correlations to appropriate curricular objectives included
509	within applicable curricular performance standards provided for
510	in s. 1001.03(1).
511	Section 14.  Subsection (1) and paragraph (b) of subsection
512	(3) of section 1006.40, Florida Statutes, are amended to read:
513	1006.40  Use of instructional materials allocation;
514	instructional materials, library books, and reference books;
515	repair of books.--
516	(1)(a)  On or before July 1 each year, the commissioner
517	shall certify to each district school superintendent the
518	estimated allocation of state funds for instructional materials,
519	computed under pursuant to the provisions of s. 1011.67 for the
520	ensuing fiscal year. All instructional materials used must align
521	to the Sunshine State Standards. Instructional materials used to
522	teach reading shall, to the maximum extent practicable,
523	incorporate nonfictional content from other core subjects.
524	(b)  A school district may not expend funds from the
525	instructional materials allocation for Florida Comprehensive
526	Assessment Test (FCAT) practice tests, sample test items, or
527	practice workbooks or for any other materials dedicated to test-
528	taking exercises or strategies designed exclusively for FCAT
529	preparation or that include any reference to the "Florida
530	Comprehensive Assessment Test" or "FCAT." The department shall
531	notify publishers and manufacturers of this prohibition by
532	including notice of this paragraph in the instructional
533	materials specifications for each adoption. A school district's
534	violation of this paragraph is subject to the withholding of
535	funds from the instructional materials allocation under s.
536	1001.42(7).
537	(3)
538	(b)  Up to 50 percent of the annual allocation may be used
539	for the purchase of instructional materials, including library
540	and reference books and nonprint materials, not included on the
541	state-adopted list and for the repair and renovation of
542	textbooks and library books. Notwithstanding subsection (4), up
543	to 10 percent of the funds used for the purchase of
544	instructional materials not on the state-adopted list may be
545	used to purchase technology devices with digital content or
546	online content if the publisher or manufacturer clearly
547	demonstrates that the content is aligned to the Sunshine State
548	Standards.
549	Section 15.  Section 1008.22, Florida Statutes, is amended
550	to read:
551	1008.22  Student assessment program for public schools.--
552	(1)  PURPOSE.--The primary purposes of the student
553	assessment program are to provide information needed to improve
554	the public schools by enhancing the learning gains of all
555	students and to inform parents of the educational progress of
556	their public school children. The program must be designed to:
557	(a)  Assess the annual learning gains of each student
558	toward achieving the Sunshine State Standards appropriate for
559	the student's grade level.
560	(b)  Provide data for making decisions regarding school
561	accountability and recognition.
562	(c)  Identify the educational strengths and needs of
563	students and the readiness of students to be promoted to the
564	next grade level or to graduate from high school with a standard
565	or special high school diploma.
566	(d)  Assess how well educational goals and curricular
567	performance standards are met at the school, district, and state
568	levels.
569	(e)  Provide information to aid in the evaluation and
570	development of educational programs and policies.
571	(f)  Provide information on the performance of Florida
572	students compared with that of other students across the United
573	States.
574	(2)  NATIONAL EDUCATION COMPARISONS.--It is Florida's
575	intent to participate in the measurement of national educational
576	goals. The Commissioner of Education shall direct Florida school
577	districts to participate in the administration of the National
578	Assessment of Educational Progress, or a similar national
579	assessment program, both for the national sample and for any
580	state-by-state comparison programs which may be initiated. The
581	Such assessments must be conducted using the data collection
582	procedures, the student surveys, the educator surveys, and other
583	instruments included in the National Assessment of Educational
584	Progress or similar program being administered in Florida. The
585	results of these assessments shall be included in the annual
586	report of the Commissioner of Education specified in this
587	section. The administration of the National Assessment of
588	Educational Progress or similar program shall be in addition to
589	and separate from the administration of the statewide assessment
590	program.
591	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
592	design and implement a statewide program of educational
593	assessment that provides information for the improvement of the
594	operation and management of the public schools, including
595	schools operating for the purpose of providing educational
596	services to youth in Department of Juvenile Justice programs.
597	The commissioner may enter into contracts for the continued
598	administration of the assessment, testing, and evaluation
599	programs authorized and funded by the Legislature. Contracts may
600	be initiated in 1 fiscal year and continue into the next and may
601	be paid from the appropriations of either or both fiscal years.
602	The commissioner is authorized to negotiate for the sale or
603	lease of tests, scoring protocols, test scoring services, and
604	related materials developed pursuant to law. Pursuant to the
605	statewide assessment program, the commissioner shall:
606	(a)  Submit proposed enhanced curricular Sunshine State
607	Standards to the State Board of Education for adoption and
608	periodic review and revision under s. 1003.41. a list that
609	specifies student skills and competencies to which the goals for
610	education specified in the state plan apply, including, but not
611	limited to, reading, writing, science, and mathematics. The
612	skills and competencies must include problem-solving and higher-
613	order skills as appropriate and shall be known as the Sunshine
614	State Standards as defined in s. 1000.21. The commissioner shall
615	select such skills and competencies after receiving
616	recommendations from educators, citizens, and members of the
617	business community. The commissioner shall submit to the State
618	Board of Education revisions to the list of student skills and
619	competencies in order to maintain continuous progress toward
620	improvements in student proficiency.
621	(b)  Develop and implement a uniform system of indicators
622	to describe the performance of public school students and the
623	characteristics of the public school districts and the public
624	schools. These indicators must include, without limitation,
625	information gathered by the comprehensive management information
626	system created pursuant to s. 1008.385 and student achievement
627	information obtained pursuant to this section.
628	(c)  Develop and implement a student achievement testing
629	program known as the Florida Comprehensive Assessment Test
630	(FCAT) as part of the statewide assessment program to measure a
631	student's content knowledge and skills in reading, writing,
632	science, and mathematics, and, by the 2012-2013 school year,
633	social studies. Other content areas may be included as directed
634	by the commissioner. Comprehensive assessments The assessment of
635	reading and mathematics shall be administered annually in grades
636	3 through 10. Comprehensive assessments The assessment of
637	writing and science shall be administered at least once at the
638	elementary, middle, and high school levels. Comprehensive
639	assessment of social studies shall be administered at least once
640	at the middle school level. End-of-course assessments of social
641	studies shall be administered at the high school level. End-of-
642	course assessments of any other subject may be administered in
643	addition to the comprehensive assessments required under this
644	paragraph. An end-of-course assessment must be rigorous,
645	standardized, and administered statewide. The content knowledge
646	and skills assessed by comprehensive and end-of-course
647	assessments must be aligned to the core curricular content
648	established in the Sunshine State Standards. The commissioner
649	must document the procedures used to ensure that the versions of
650	the FCAT which are taken by students retaking the grade 10 FCAT
651	are equally as challenging and difficult as the tests taken by
652	students in grade 10 which contain performance tasks. The
653	testing program must be designed as follows so that:
654	1.  The tests measure student skills and competencies
655	adopted by the State Board of Education as specified in
656	paragraph (a). The tests must measure and report student
657	proficiency levels of all students assessed in reading, writing,
658	mathematics, and science, and social studies. The commissioner
659	shall provide for the tests to be developed or obtained, as
660	appropriate, through contracts and project agreements with
661	private vendors, public vendors, public agencies, postsecondary
662	educational institutions, or school districts. An entity awarded
663	a contract or entering into a project agreement, or a corporate
664	affiliate or subsidiary of the entity, may not participate in
665	the development or publication of practice tests, sample test
666	items, or practice workbooks or of any other materials dedicated
667	to test-taking exercises or strategies for the tests developed
668	or obtained through the contract or project agreement, except as
669	authorized in the contract or project agreement or otherwise
670	authorized in writing by the commissioner. The commissioner
671	shall obtain input with respect to the design and implementation
672	of the testing program from assessment experts, state educators,
673	assistive technology experts, and the public. In addition, the
674	commissioner shall provide for ongoing review of the FCAT by an
675	independent test-measurement expert who provides analysis and
676	evaluation of the test and testing practices.
677	2.  The testing program shall will include a combination of
678	norm-referenced and criterion-referenced tests and norm-
679	referenced tests. The criterion-referenced tests shall include,
680	to the extent determined by the commissioner, test items
681	questions that require the student to produce information or
682	perform tasks in such a way that the core content knowledge and
683	skills and competencies he or she uses can be measured. The
684	norm-referenced tests included in the statewide testing program
685	may only be administered in grades 3, 7, and 9.
686	3.  Each testing program, whether at the elementary,
687	middle, or high school level, includes a test of Writing
688	assessments shall require in which students are required to
689	produce a writing sample writings that is are then scored using
690	by appropriate and timely methods.
691	4.  For each test, a score shall be is designated for each
692	subject area tested, below which score a student's performance
693	shall be is deemed inadequate. A The school district districts
694	shall provide appropriate remedial instruction to students whose
695	performance is who score below grade level these levels.
696	5.  Except as provided in s. 1003.428(8)(b) or s.
697	1003.43(11)(b), students must earn a passing score on the grade
698	10 assessment test described in this paragraph or attain
699	concordant scores as described in subsection (10) (9) in
700	reading, writing, and mathematics to qualify for a standard high
701	school diploma. The State Board of Education shall designate a
702	passing score for each part of the grade 10 assessment test. In
703	establishing passing scores, the state board shall consider any
704	possible negative impact of the test on minority students. The
705	State Board of Education shall adopt rules that which specify
706	the passing scores for the grade 10 FCAT. Any such rules that,
707	which have the effect of raising the required passing scores,
708	shall only apply to students taking the grade 10 FCAT for the
709	first time after such rules are adopted by the State Board of
710	Education.
711	6.  Participation in the testing program shall be is
712	mandatory for all students attending public school, including
713	students served in Department of Juvenile Justice programs,
714	except as otherwise prescribed by the commissioner. If a student
715	does not participate in the statewide assessment, the district
716	must notify the student's parent and provide the parent with
717	information regarding the implications of such nonparticipation.
718	A parent must provide signed consent for a student to receive
719	classroom instructional accommodations that would not be
720	available or permitted on the statewide assessments and must
721	acknowledge in writing that he or she understands the
722	implications of such instructional accommodations. The State
723	Board of Education shall adopt rules, based upon recommendations
724	of the commissioner, for the provision of test accommodations
725	for students in exceptional education programs and for students
726	who have limited English proficiency. Accommodations that negate
727	the validity of a statewide assessment are not allowable in the
728	administration of the FCAT. However, instructional
729	accommodations are allowable in the classroom if included in a
730	student's individual education plan. Students using
731	instructional accommodations in the classroom that are not
732	allowable as accommodations on the FCAT may have the FCAT
733	requirement waived under pursuant to the requirements of s.
734	1003.428(8)(b) or s. 1003.43(11)(b).
735	7.  A student seeking an adult high school diploma must
736	meet the same testing requirements that a regular high school
737	student must meet.
738	8.  District school boards must provide instruction to
739	prepare students to demonstrate proficiency in the core
740	curricular content established in the Sunshine State Standards
741	adopted under s. 1003.41, including the core content knowledge
742	and skills and competencies necessary for successful grade-to-
743	grade progression and high school graduation. If a student is
744	provided with instructional accommodations in the classroom that
745	are not allowable as accommodations in the statewide assessment
746	program, as described in the test manuals, the district must
747	inform the parent in writing and must provide the parent with
748	information regarding the impact on the student's ability to
749	meet expected proficiency levels in reading, writing, science,
750	mathematics, and social studies math. The commissioner shall
751	conduct studies as necessary to verify that the required core
752	curricular content is skills and competencies are part of the
753	district instructional programs.
754	9.  District school boards must provide opportunities for
755	students to demonstrate an acceptable level of performance on an
756	alternative standardized assessment approved by the State Board
757	of Education following enrollment in summer academies.
758	10.  The Department of Education must develop, or select,
759	and implement a common battery of assessment tools that are will
760	be used in all juvenile justice programs in the state. These
761	tools must accurately measure the core curricular content skills
762	and competencies established in the Sunshine State Standards.
763	11.  For students seeking a special diploma under pursuant
764	to s. 1003.438, the Department of Education must develop, or
765	select, and implement an alternate assessment tool that
766	accurately measures the core curricular content skills and
767	competencies established in the Sunshine State Standards for
768	students with disabilities under s. 1003.438.
769	12.  The Commissioner of Education shall establish
770	schedules for the administration of statewide assessments and
771	the reporting of student test results. The commissioner shall,
772	by August 1 of each year, notify each school district in writing
773	and publish on the department's Internet website the testing and
774	reporting schedules for, at a minimum, the school year following
775	the upcoming school year. The testing and reporting schedules
776	shall require that:
777	a.  There be the latest possible administration of
778	statewide assessments and the earliest possible reporting to the
779	school districts of student test results that are feasible
780	within available technology and specific appropriations.
781	b.  Beginning with the 2010-2011 school year, a
782	comprehensive statewide assessment of writing not be
783	administered earlier than the week of March 1 and a
784	comprehensive statewide assessment of any other subject not be
785	administered earlier than the week of April 15.
786	c.  A statewide end-of-course assessment be administered
787	within the last 2 weeks of the course.
788	d.  Student test results of statewide assessments be
789	reported by the week of the first Monday in June following
790	administration of the assessments.
791
792	The commissioner may, based on collaboration and input from
793	school districts, design and implement student testing programs,
794	for any grade level and subject area, necessary to effectively
795	monitor educational achievement in the state, including the
796	measurement of educational achievement of the Sunshine State
797	Standards for students with disabilities. Development and
798	refinement of assessments shall include universal design
799	principles and accessibility standards that will prevent any
800	unintended obstacles for students with disabilities while
801	ensuring the validity and reliability of the test. These
802	principles should be applicable to all technology platforms and
803	assistive devices available for the assessments. The field
804	testing process and psychometric analyses for the statewide
805	assessment program must include an appropriate percentage of
806	students with disabilities and an evaluation or determination of
807	the effect of test items on such students.
808	(d)  Conduct ongoing research to develop improved methods
809	of assessing student performance, including, without limitation,
810	the use of technology to administer tests, score, or report the
811	results of, the use of electronic transfer of data, the
812	development of work-product assessments, and the development of
813	process assessments.
814	(e)  Conduct ongoing research and analysis of student
815	achievement data, including, without limitation, monitoring
816	trends in student achievement by grade level and overall student
817	achievement, identifying school programs that are successful,
818	and analyzing correlates of school achievement.
819	(f)  Provide technical assistance to school districts in
820	the implementation of state and district testing programs and
821	the use of the data produced pursuant to such programs.
822	(g)  Study the cost and student achievement impact of
823	secondary end-of-course assessments, including web-based and
824	performance formats, and report to the Legislature prior to
825	implementation.
826	(4)  STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
827	ACTIVITIES.--Beginning with the 2008-2009 school year, a
828	district school board shall prohibit each public school from
829	suspending a regular program of curricula for purposes of
830	administering practice tests or engaging in other test-
831	preparation activities for a statewide assessment except as
832	otherwise determined necessary for the valid and reliable
833	administration of the statewide assessment as set forth in rules
834	adopted by the State Board of Education with specific reference
835	to this subsection.
836	(5)(4)  DISTRICT TESTING PROGRAMS.--Each district school
837	board shall periodically assess student performance and
838	achievement within each school of the district. The assessment
839	programs must be based on the core curricular content
840	established in the Sunshine State Standards and any upon local
841	goals and objectives that are compatible with the state plan for
842	education and that supplement the core content knowledge and
843	skills necessary for successful grade-to-grade progression and
844	high school graduation and competencies adopted by the State
845	Board of Education. All school districts must participate in the
846	statewide assessment program designed to measure annual student
847	learning and school performance. All district school boards
848	shall report assessment results as required by the state
849	management information system.
850	(6)(5)  SCHOOL TESTING PROGRAMS.--Each public school shall
851	participate in the statewide assessment program in accordance
852	with the testing and reporting schedules published by the
853	Commissioner of Education under subparagraph (3)(c)12., unless
854	specifically exempted by state board rule based on serving a
855	specialized population for which standardized testing is not
856	appropriate. Student performance data shall be analyzed and
857	reported to parents, the community, and the state. Student
858	performance data shall be used in developing objectives of the
859	school improvement plan, evaluation of instructional personnel,
860	evaluation of administrative personnel, assignment of staff,
861	allocation of resources, acquisition of instructional materials
862	and technology, performance-based budgeting, and promotion and
863	assignment of students into educational programs. The analysis
864	of student performance data also must identify strengths and
865	needs in the educational program and trends over time. The
866	analysis must be used in conjunction with the budgetary planning
867	processes developed pursuant to s. 1008.385 and the development
868	of the programs of remediation.
869	(7)(6)  REQUIRED ANALYSES.--The commissioner shall provide,
870	at a minimum, for the following analyses of data produced by the
871	student achievement testing program:
872	(a)  The statistical system for the annual assessments
873	shall use measures of student learning, such as the FCAT, to
874	determine teacher, school, and school district statistical
875	distributions, which shall be determined using available data
876	from the FCAT, and other data collection as deemed appropriate
877	by the Department of Education, to measure the differences in
878	student prior year achievement compared to the current year
879	achievement for the purposes of accountability and recognition.
880	(b)  The statistical system shall provide the best
881	estimates of teacher, school, and school district effects on
882	student progress. The approach used by the department shall be
883	approved by the commissioner before implementation.
884	(c)  The annual testing program shall be administered to
885	provide for valid statewide comparisons of learning gains to be
886	made for purposes of accountability and recognition. The
887	commissioner shall establish a schedule for the administration
888	of the statewide assessments. In establishing such schedule, the
889	commissioner is charged with the duty to accomplish the latest
890	possible administration of the statewide assessments and the
891	earliest possible provision of the results to the school
892	districts feasible within available technology and specific
893	appropriation. District school boards shall not establish school
894	calendars that jeopardize or limit the valid testing and
895	comparison of student learning gains.
896	(8)(7)  LOCAL ASSESSMENTS.--Measurement of the learning
897	gains of students in all subjects and grade levels other than
898	subjects and grade levels required for the state student
899	achievement testing program is the responsibility of the school
900	districts.
901	(9)(8)  APPLICABILITY OF TESTING STANDARDS.--
902	(a)  If the Commissioner of Education revises a statewide
903	assessment and the revisions require the State Board of
904	Education to modify the assessment's proficiency levels or
905	modify the passing scores required for a standard high school
906	diploma, until the state board adopts the modifications by rule,
907	the commissioner shall use calculations for scoring the
908	assessment that adjust student scores on the revised assessment
909	for statistical equivalence to student scores on the former
910	assessment.
911	(b)  A student must attain meet the passing scores on a
912	statewide assessment required testing requirements for a
913	standard high school diploma graduation that were in effect at
914	the time the student entered 9th grade 9 if, provided the
915	student's enrollment was continuous.
916	(c)  If the commissioner revises a statewide assessment and
917	the revisions require the State Board of Education to modify the
918	passing scores required for a standard high school diploma, the
919	commissioner may, with approval of the state board, discontinue
920	administration of the former assessment upon the graduation,
921	based on normal student progression, of students participating
922	in the final regular administration of the former assessment.
923	The state board shall adopt by rule passing scores for the
924	revised assessment that are statistically equivalent to passing
925	scores on the discontinued assessment for a student required
926	under paragraph (b) to attain passing scores on the discontinued
927	assessment.
928	(10)(9)  CONCORDANT SCORES FOR THE FCAT.--
929	(a)  The State Board of Education shall analyze the content
930	and concordant data sets for widely used high school achievement
931	tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
932	and College Placement Test, to assess if concordant scores for
933	FCAT scores can be determined for high school graduation,
934	college placement, and scholarship awards. In cases where
935	content alignment and concordant scores can be determined, the
936	Commissioner of Education shall adopt those scores as meeting
937	the graduation requirement in lieu of achieving the FCAT passing
938	score and may adopt those scores as being sufficient to achieve
939	additional purposes as determined by rule. Each time that test
940	content or scoring procedures change are changed for the FCAT or
941	for a high school achievement test for which a concordant score
942	is determined one of the identified tests, new concordant scores
943	must be determined.
944	(b)  In order to use a concordant subject area score
945	pursuant to this subsection to satisfy the assessment
946	requirement for a standard high school diploma as provided in s.
947	1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
948	take each subject area of the grade 10 FCAT a total of three
949	times without earning a passing score. The requirements of this
950	paragraph shall not apply to a new student who enters the
951	Florida public school system in grade 12, who may either achieve
952	a passing score on the FCAT or use an approved subject area
953	concordant score to fulfill the graduation requirement.
954	(c)  The State Board of Education may define by rule the
955	allowable uses, other than to satisfy the high school graduation
956	requirement, for concordant scores as described in this
957	subsection. Such uses may include, but need not be limited to,
958	achieving appropriate standardized test scores required for the
959	awarding of Florida Bright Futures Scholarships and college
960	placement.
961	(11)(10)  REPORTS.--The Department of Education shall
962	annually provide a report to the Governor, the President of the
963	Senate, and the Speaker of the House of Representatives on the
964	following:
965	(a)  Longitudinal performance of students in mathematics
966	and reading.
967	(b)  Longitudinal performance of students by grade level in
968	mathematics and reading.
969	(c)  Longitudinal performance regarding efforts to close
970	the achievement gap.
971	(d)  Longitudinal performance of students on the norm-
972	referenced component of the FCAT.
973	(e)  Other student performance data based on national norm-
974	referenced and criterion-referenced tests, when available, and
975	numbers of students who after 8th grade enroll in adult
976	education rather than other secondary education.
977	(12)(11)  RULES.--The State Board of Education shall adopt
978	rules under pursuant to ss. 120.536(1) and 120.54 to implement
979	the provisions of this section.
980	Section 16.  Subsection (1), paragraph (b) of subsection
981	(2), subsection (4), and paragraph (a) of subsection (8) of
982	section 1008.25, Florida Statutes, are amended to read:
983	1008.25  Public school student progression; remedial
984	instruction; reporting requirements.--
985	(1)  INTENT.--It is the intent of the Legislature that each
986	student's progression from one grade to another be determined,
987	in part, upon proficiency in reading, writing, science, and
988	mathematics, and, upon assessment under s. 1008.22, social
989	studies; that district school board policies facilitate such
990	proficiency; and that each student and his or her parent be
991	informed of that student's academic progress.
992	(2)  COMPREHENSIVE PROGRAM.--Each district school board
993	shall establish a comprehensive program for student progression
994	which must include:
995	(b)  Specific levels of performance in reading, writing,
996	science, and mathematics, and, upon assessment under s. 1008.22,
997	social studies for each grade level, including the levels of
998	performance on statewide assessments as defined by the
999	commissioner, below which a student must receive remediation, or
1000	be retained within an intensive program that is different from
1001	the previous year's program and that takes into account the
1002	student's learning style.
1003	(4)  ASSESSMENT AND REMEDIATION.--
1004	(a)  Each student must participate in the statewide
1005	assessment tests required by s. 1008.22. Each student who does
1006	not meet specific levels of performance as determined by the
1007	district school board in reading, writing, science, and
1008	mathematics, and, upon assessment under s. 1008.22, social
1009	studies for each grade level, or who scores below Level 3 in
1010	reading or mathematics math, must be provided with additional
1011	diagnostic assessments to determine the nature of the student's
1012	difficulty, the areas of academic need, and strategies for
1013	appropriate intervention and instruction as described in
1014	paragraph (b).
1015	(b)  The school in which the student is enrolled must
1016	develop, in consultation with the student's parent, and must
1017	implement a progress monitoring plan. A progress monitoring plan
1018	is intended to provide the school district and the school
1019	flexibility in meeting the academic needs of the student and to
1020	reduce paperwork. A student who is not meeting the school
1021	district or state requirements for proficiency in reading and
1022	mathematics math shall be covered by one of the following plans
1023	to target instruction and identify ways to improve his or her
1024	academic achievement:
1025	1.  A federally required student plan such as an individual
1026	education plan;
1027	2.  A schoolwide system of progress monitoring for all
1028	students; or
1029	3.  An individualized progress monitoring plan.
1030
1031	The plan chosen must be designed to assist the student or the
1032	school in meeting state and district expectations for
1033	proficiency. If the student has been identified as having a
1034	deficiency in reading, the K-12 comprehensive reading plan
1035	required by s. 1011.62(8) shall include instructional and
1036	support services to be provided to meet the desired levels of
1037	performance. District school boards may require low-performing
1038	students to attend remediation programs held before or after
1039	regular school hours or during the summer if transportation is
1040	provided.
1041	(c)  Upon subsequent evaluation, if the documented
1042	deficiency has not been remediated, the student may be retained.
1043	Each student who does not meet the minimum performance
1044	expectations defined by the Commissioner of Education for the
1045	statewide assessment tests in reading, writing, science, and
1046	mathematics, and, upon assessment under s. 1008.22, social
1047	studies must continue to be provided with remedial or
1048	supplemental instruction until the expectations are met or the
1049	student graduates from high school or is not subject to
1050	compulsory school attendance.
1051	(8)  ANNUAL REPORT.--
1052	(a)  In addition to the requirements in paragraph (5)(b),
1053	each district school board must annually report to the parent of
1054	each student the progress of the student toward achieving state
1055	and district expectations for proficiency in reading, writing,
1056	science, and mathematics, and, upon assessment under s. 1008.22,
1057	social studies. The district school board must report to the
1058	parent the student's results on each statewide assessment test.
1059	The evaluation of each student's progress must be based upon the
1060	student's classroom work, observations, tests, district and
1061	state assessments, and other relevant information. Progress
1062	reporting must be provided to the parent in writing in a format
1063	adopted by the district school board.
1064	Section 17.  Subsection (3) of section 1008.34, Florida
1065	Statutes, is amended to read:
1066	1008.34  School grading system; school report cards;
1067	district grade.--
1068	(3)  DESIGNATION OF SCHOOL GRADES.--
1069	(a)  Schools receiving a school grade.--Each school that
1070	has students who are tested and included in the school grading
1071	system, except an alternative school that receives a school
1072	improvement rating pursuant to s. 1008.341, shall receive a
1073	school grade, except as follows:
1074	1.  A school shall not receive a school grade if the number
1075	of its students tested and included in the school grading system
1076	is less than the minimum sample size necessary, based on
1077	accepted professional practice, for statistical reliability and
1078	prevention of the unlawful release of personally identifiable
1079	student data under s. 1002.22 or 20 U.S.C. s. 1232g.; however,
1080	2.  An alternative school may choose to receive a school
1081	grade under this section or in lieu of a school improvement
1082	rating under s. 1008.341.
1083	3.  Additionally, A school that serves any combination of
1084	students in kindergarten through grade 3 that which does not
1085	receive a school grade because its students are not tested and
1086	included in the school grading system shall receive the school
1087	grade designation of a K-3 feeder pattern school identified by
1088	the Department of Education and verified by the school district.
1089	A school feeder pattern exists if at least 60 percent of the
1090	students in the school serving a combination of students in
1091	kindergarten through grade 3 are scheduled to be assigned to the
1092	graded school. School grades itemized in subsection (2) shall be
1093	based on the following:
1094	(b)(a)  Criteria.--A school's grade shall be based on a
1095	combination of:
1096	1.  Student achievement scores, including achievement
1097	scores for students seeking a special diploma.
1098	2.  Student learning gains as measured by annual FCAT
1099	assessments in grades 3 through 10; learning gains for students
1100	seeking a special diploma, as measured by an alternate
1101	assessment tool, shall be included not later than the 2009-2010
1102	school year.
1103	3.  Improvement of the lowest 25th percentile of students
1104	in the school in reading, mathematics math, or writing on the
1105	FCAT, unless these students are exhibiting satisfactory
1106	performance.
1107	(c)(b)  Student assessment data.--Student assessment data
1108	used in determining school grades shall include:
1109	1.  The aggregate scores of all eligible students enrolled
1110	in the school who have been assessed on the FCAT.
1111	2.  The aggregate scores of all eligible students enrolled
1112	in the school who have been assessed on the FCAT, including
1113	Florida Writes, and who have scored at or in the lowest 25th
1114	percentile of students in the school in reading, mathematics
1115	math, or writing, unless these students are exhibiting
1116	satisfactory performance.
1117	3.  Effective with the 2005-2006 school year, the
1118	achievement scores and learning gains of eligible students
1119	attending alternative schools that provide dropout prevention
1120	and academic intervention services pursuant to s. 1003.53. The
1121	term "eligible students" in this subparagraph does not include
1122	students attending an alternative school who are subject to
1123	district school board policies for expulsion for repeated or
1124	serious offenses, who are in dropout retrieval programs serving
1125	students who have officially been designated as dropouts, or who
1126	are in programs operated or contracted by the Department of
1127	Juvenile Justice. The student performance data for eligible
1128	students identified in this subparagraph shall be included in
1129	the calculation of the home school's grade. As used in For
1130	purposes of this section and s. 1008.341, the term "home school"
1131	means the school to which the student would be assigned if the
1132	student were not was attending when assigned to an alternative
1133	school. If an alternative school chooses to be graded under
1134	pursuant to this section, student performance data for eligible
1135	students identified in this subparagraph shall not be included
1136	in the home school's grade but shall be included only in the
1137	calculation of the alternative school's grade. School districts
1138	shall must require collaboration between the home school and the
1139	alternative school in order to promote student success. This
1140	collaboration must include an annual discussion between the
1141	principal of the alternative school and the principal of each
1142	student's home school concerning the most appropriate school
1143	assignment for the student.
1144
1145	The State Board of Education shall adopt appropriate criteria
1146	for each school grade. The criteria must also give added weight
1147	to student achievement in reading. Schools designated with a
1148	grade of "C," making satisfactory progress, shall be required to
1149	demonstrate that adequate progress has been made by students in
1150	the school who are in the lowest 25th percentile in reading,
1151	mathematics math, or writing on the FCAT, including Florida
1152	Writes, unless these students are exhibiting satisfactory
1153	performance.
1154	Section 18.  Subsection (2) of section 1008.341, Florida
1155	Statutes, is amended to read:
1156	1008.341  School improvement rating for alternative
1157	schools.--
1158	(2)  SCHOOL IMPROVEMENT RATING.--An alternative school
1159	schools that provides provide dropout prevention and academic
1160	intervention services under pursuant to s. 1003.53 shall receive
1161	a school improvement rating under pursuant to this section.
1162	However, an alternative school shall not receive a school
1163	improvement rating if the number of its students for whom
1164	student performance data is available for the current year and
1165	previous year is less than the minimum sample size necessary,
1166	based on accepted professional practice, for statistical
1167	reliability and prevention of the unlawful release of personally
1168	identifiable student data under s. 1002.22 or 20 U.S.C. s.
1169	1232g. The school improvement rating shall identify an
1170	alternative school schools as having one of the following
1171	ratings defined according to rules of the State Board of
1172	Education:
1173	(a)  "Improving" means a school schools with students
1174	making more academic progress than when the students were served
1175	in their home schools.
1176	(b)  "Maintaining" means a school schools with students
1177	making progress equivalent to the progress made when the
1178	students were served in their home schools.
1179	(c)  "Declining" means a school schools with students
1180	making less academic progress than when the students were served
1181	in their home schools.
1182
1183	The school improvement rating shall be based on a comparison of
1184	student performance data for the current year and previous year.
1185	Schools that improve at least one level or maintain an
1186	"improving" rating under pursuant to this section are eligible
1187	for school recognition awards under pursuant to s. 1008.36.
1188	Section 19.  Paragraph (a) of subsection (8) of section
1189	1008.345, Florida Statutes, is amended to read:
1190	1008.345  Implementation of state system of school
1191	improvement and education accountability.--
1192	(8)  As a part of the system of educational accountability,
1193	the Department of Education shall:
1194	(a)  Develop minimum performance standards for various
1195	grades and subject areas, as required in ss. 1001.03, 1008.22,
1196	and 1008.34.
1197	Section 20.  This act shall take effect July 1, 2008.

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