CS/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. 220.187,
10	F.S.; revising requirements for the selection of norm-
11	referenced tests administered by private schools for
12	purposes of the Corporate Income Tax Credit Scholarship
13	Program; amending s. 1000.21, F.S.; revising the
14	systemwide definition of "Sunshine State Standards";
15	amending s. 1001.03, F.S.; requiring the state board to
16	review and revise the Sunshine State Standards; conforming
17	provisions; amending s. 1001.41, F.S.; conforming
18	provisions relating to district school board adoption of
19	standards and policies; amending s. 1001.42, F.S.;
20	prohibiting school district expenditure of legislative
21	appropriations for purposes of Florida Comprehensive
22	Assessment Test (FCAT) preparation; providing penalties
23	for unlawful expenditures; amending ss. 1003.428,
24	1003.429, 1003.43, 1003.433, 1003.63, 1006.28, and
25	1006.31, F.S.; conforming provisions and cross-references;
26	amending s. 1006.34, F.S.; specifying additional criteria
27	for evaluating instructional materials; conforming
28	provisions; amending s. 1006.38, F.S.; conforming
29	provisions; amending s. 1006.40, F.S.; requiring
30	instructional materials to align to the Sunshine State
31	Standards; prohibiting school district expenditure of the
32	instructional materials allocation for purposes of FCAT
33	preparation; requiring notification to manufacturers and
34	publishers; providing a penalty; authorizing purchases of
35	specified content or devices; amending s. 1008.22, F.S.;
36	revising requirements and conforming provisions relating
37	to the statewide assessment program; revising powers and
38	duties of the Commissioner of Education; requiring the
39	FCAT to assess students in social studies by a certain
40	time; providing for end-of-course assessments; requiring
41	the content knowledge and skills assessed by the FCAT and
42	end-of-course assessments to align to the Sunshine State
43	Standards; authorizing the commissioner to select certain
44	nationally developed examinations as end-of-course
45	assessments under specified conditions; deleting
46	provisions relating to documentation of certain testing
47	procedures; providing restrictions on the development or
48	publication of test-preparation materials; deleting
49	requirements for norm-referenced tests; revising
50	requirements for assessments of writing; establishing
51	requirements for FCAT testing and reporting schedules;
52	prohibiting practice testing and FCAT-preparation
53	activities under certain conditions; authorizing certain
54	test-preparation activities; requiring public schools to
55	comply with statewide assessment and reporting schedules;
56	establishing requirements for calculating student scores
57	on revised statewide assessments; authorizing the
58	administration of former assessments to be discontinued
59	under certain circumstances; requiring the state board to
60	adopt rules establishing passing scores on revised
61	assessments required for a standard high school diploma;
62	clarifying determination of concordant scores for the
63	FCAT; revising requirements for an annual report on
64	student performance; amending s. 1008.25, F.S.; requiring
65	each district school board's student progression program
66	to include performance in social studies; requiring
67	assessment, remediation, and reporting related thereto;
68	amending s. 1008.34, F.S.; exempting certain schools from
69	receiving school grades; revising the definition of "home
70	school" for purposes of calculating school grades for
71	alternative schools; requiring annual collaboration among
72	school principals concerning the school assignment of
73	students attending an alternative school; conforming
74	provisions; amending s. 1008.341, F.S.; exempting certain
75	alternative schools from receiving school improvement
76	ratings; conforming provisions; amending s. 1008.345,
77	F.S.; conforming provisions; amending s. 1008.36, F.S.;
78	revising criteria for financial awards under the Florida
79	School Recognition Program; providing an effective date.
80
81	Be It Enacted by the Legislature of the State of Florida:
82
83	Section 1.  Section 1003.41, Florida Statutes, is amended
84	to read:
85	1003.41  Sunshine State Standards.--
86	(1)  Public K-12 educational instruction in Florida shall
87	be is based on the "Sunshine State Standards." The State Board
88	of Education shall review the Sunshine State Standards and
89	replace them with enhanced curricular standards that establish
90	the core content of the curricula to be taught in this state and
91	that specify the core content knowledge and skills that the next
92	generation of K-12 public school students are expected to
93	acquire. The enhanced curricular standards must, at a minimum:
94	(a)  Establish the core curricular content for language
95	arts, science, mathematics, and social studies, as follows:
96	1.  Language arts standards must establish specific
97	curricular content for, at a minimum, reading, grammar,
98	literature, and writing. The standards must include distinct
99	grade-level expectations for the core content knowledge and
100	skills that a student is expected to have acquired by each
101	individual grade level from kindergarten through grade 12. The
102	language arts standards must also identify a specific list of
103	respected works of literature that a student is expected to have
104	read by each individual grade level. The list of literary works
105	for grades 9 through 12 must be aligned, to the maximum extent
106	practicable, with the historical time periods identified in the
107	social studies courses approved by the State Board of Education
108	for grades 9 through 12. The state board shall, in accordance
109	with the expedited schedule established under subsection (2),
110	review and replace the reading and language arts standards
111	adopted by the state board in 2007 with enhanced curricular
112	standards that comply with this subparagraph.
113	2.  Science standards must establish specific curricular
114	content for, at a minimum, the nature of science, earth and
115	space science, physical science, and life science. The standards
116	must include distinct grade-level expectations for the core
117	content knowledge and skills that a student is expected to have
118	acquired by each individual grade level from kindergarten
119	through grade 8. The science standards for grades 9 through 12
120	may be organized by grade clusters of more than one grade level.
121	3.  Mathematics standards must establish specific
122	curricular content for, at a minimum, algebra, geometry,
123	probability, statistics, calculus, discrete mathematics,
124	financial literacy, and trigonometry. The standards must include
125	distinct grade-level expectations for the core content knowledge
126	and skills that a student is expected to have acquired by each
127	individual grade level from kindergarten through grade 8. The
128	mathematics standards for grades 9 through 12 may be organized
129	by grade clusters of more than one grade level.
130	4.  Social studies standards must establish specific
131	curricular content for, at a minimum, geography, history,
132	government, civics, economics, United States patriotism, and
133	national sovereignty. The standards must include distinct grade-
134	level expectations for the core content knowledge and skills
135	that a student is expected to have acquired by each individual
136	grade level from kindergarten through grade 8. The social
137	studies standards for grades 9 through 12 may be organized by
138	grade clusters of more than one grade level.
139	(b)  Establish the core curricular content for visual and
140	performing arts, physical education, health, and foreign
141	languages. Standards for these subjects must establish specific
142	curricular content and include distinct grade-level expectations
143	for the core content knowledge and skills that a student is
144	expected to have acquired by each individual grade level from
145	kindergarten through grade 5. The standards for grades 6 through
146	12 may be organized by grade clusters of more than one grade
147	level.
148	(c)  Identify the core curricular content that a student is
149	expected to learn, for each subject at each individual grade
150	level, in order to acquire the broad background knowledge needed
151	for reading comprehension.
152	(d)  Be rigorous and relevant and provide for the logical,
153	sequential progression of core curricular content that
154	incrementally increases a student's core content knowledge and
155	skills over time.
156	(e)  Integrate critical-thinking and problem-solving
157	skills; communication, reading, and writing skills; mathematics
158	skills; collaboration skills; contextual and applied-learning
159	skills; technology-literacy skills; information and media-
160	literacy skills; and civic-engagement skills.
161	(f)  Be organized according to a uniform structure and
162	format that is consistent for each subject. The enhanced
163	curricular standards shall, for each subject and grade level,
164	use the same alphanumeric coding system.
165	(g)  Be aligned to expectations for success in
166	postsecondary education and high-skill, high-wage employment.
167	(2)  By December 31, 2008, the State Board of Education
168	shall establish an expedited schedule for adoption of the
169	enhanced curricular Sunshine State Standards and shall establish
170	by rule a schedule for the periodic review and revision of the
171	standards. The state board must adopt the enhanced curricular
172	standards for each subject by December 31, 2011.
173	(3)(a)  The Commissioner of Education shall develop and
174	submit to the State Board of Education proposed enhanced
175	curricular Sunshine State Standards, and periodically submit
176	proposed revisions to the standards, for adoption by the state
177	board according to the schedules established under subsection
178	(2). The commissioner, in developing the proposed standards,
179	shall consult with renowned experts on K-12 curricular standards
180	and content in each subject listed in paragraphs (1)(a) and
181	(1)(b) and shall consider standards that are implemented by
182	other states or nations and regarded as exceptionally rigorous
183	by the curricular and content experts. The commissioner may also
184	consult with curricular and content experts in other subjects.
185	(b)  The commissioner shall submit the proposed standards
186	for review and comment by Florida educators, school
187	administrators, representatives of community colleges and state
188	universities who have expertise in the content knowledge and
189	skills necessary to prepare a student for postsecondary
190	education, and leaders in business and industry. The
191	commissioner, after considering any comments and making any
192	revisions to the proposed standards, shall submit the standards
193	for written evaluation by renowned experts on K-12 curricular
194	standards and content.
195	(c)  The commissioner, upon finalizing the proposed
196	standards, shall submit the standards and evaluations by the
197	curricular and content experts to the Governor, the President of
198	the Senate, and the Speaker of the House of Representatives at
199	least 21 days before the State Board of Education considers
200	adoption of the proposed standards.
201	(4)  The State Board of Education may adopt rules under ss.
202	120.536(1) and 120.54 to implement this section. These standards
203	have been adopted by the State Board of Education and delineate
204	the academic achievement of students, for which the state will
205	hold schools accountable, in grades K-2, 3-5, 6-8, and 9-12 in
206	the subjects of language arts, mathematics, science, social
207	studies, the arts, health and physical education, and foreign
208	languages. They include standards in reading, writing, history,
209	government, geography, economics, and computer literacy.
210	Section 2.  Paragraph (i) of subsection (9) of section
211	220.187, Florida Statutes, is amended to read:
212	220.187  Credits for contributions to nonprofit
213	scholarship-funding organizations.--
214	(9)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department
215	of Education shall:
216	(i)  In accordance with State Board of Education rule,
217	identify and select the nationally norm-referenced tests, and
218	that are comparable to the norm-referenced provisions of the
219	Florida Comprehensive Assessment Test (FCAT) provided that the
220	FCAT may be one of the tests selected. However, the Department
221	of Education may approve schools to the use of an additional
222	assessments, which meet assessment by the school if the
223	assessment meets industry standards of quality and
224	comparability.
225	Section 3.  Subsection (7) of section 1000.21, Florida
226	Statutes, is amended to read:
227	1000.21  Systemwide definitions.--As used in the Florida K-
228	20 Education Code:
229	(7)  "Sunshine State Standards" means the state's public K-
230	12 curricular are standards adopted under s. 1003.41 that
231	establish the core content of the curricula to be taught in this
232	state and that specify the core content knowledge and skills
233	that the next generation of K-12 public school students are
234	expected to acquire. The term includes the current Sunshine
235	State Standards for a subject until the standards are replaced
236	under s. 1003.41 by enhanced curricular standards. that identify
237	what public school students should know and be able to do. These
238	standards delineate the academic achievement of students for
239	which the state will hold its public schools accountable in
240	grades K-2, 3-5, 6-8, and 9-12, in the subjects of language
241	arts, mathematics, science, social studies, the arts, health and
242	physical education, foreign languages, reading, writing,
243	history, government, geography, economics, and computer
244	literacy.
245	Section 4.  Subsection (1) of section 1001.03, Florida
246	Statutes, is amended to read:
247	1001.03  Specific powers of State Board of Education.--
248	(1)  PUBLIC K-12 CURRICULAR STUDENT PERFORMANCE
249	STANDARDS.--The State Board of Education shall adopt and
250	periodically review and revise approve the student performance
251	standards known as the Sunshine State Standards in accordance
252	with s. 1003.41. key academic subject areas and grade levels.
253	The state board shall establish a schedule to facilitate the
254	periodic review of the standards to ensure adequate rigor,
255	relevance, logical student progression, and integration of
256	reading, writing, and mathematics across all subject areas. The
257	standards review by subject area must include participation of
258	curriculum leaders in other content areas, including the arts,
259	to ensure valid content area integration and to address the
260	instructional requirements of different learning styles. The
261	process for review and proposed revisions must include
262	leadership and input from the state's classroom teachers, school
263	administrators, and community colleges and universities, and
264	from representatives from business and industry who are
265	identified by local education foundations. A report including
266	proposed revisions must be submitted to the Governor, the
267	President of the Senate, and the Speaker of the House of
268	Representatives annually to coincide with the established review
269	schedule. The review schedule and an annual status report must
270	be submitted to the Governor, the President of the Senate, and
271	the Speaker of the House of Representatives annually not later
272	than January 1.
273	Section 5.  Subsection (3) of section 1001.41, Florida
274	Statutes, is amended to read:
275	1001.41  General powers of district school board.--The
276	district school board, after considering recommendations
277	submitted by the district school superintendent, shall exercise
278	the following general powers:
279	(3)  Prescribe and Adopt standards and policies that to
280	provide each student the opportunity to receive a complete
281	education program, including instruction in the core curricular
282	content established in language arts, mathematics, science,
283	social studies, health, physical education, foreign languages,
284	and the arts, as defined by the Sunshine State Standards. The
285	standards and policies must emphasize integration and
286	reinforcement of reading, writing, and mathematics skills across
287	all subjects, including career awareness, career exploration,
288	and Career and technical education standards and policies must
289	integrate with and reinforce the Sunshine State Standards.
290	Section 6.  Subsection (7) of section 1001.42, Florida
291	Statutes, is amended to read:
292	1001.42  Powers and duties of district school board.--The
293	district school board, acting as a board, shall exercise all
294	powers and perform all duties listed below:
295	(7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL
296	MATERIALS.--Provide adequate instructional materials for all
297	students in accordance with the requirements of chapter 1006. A
298	school district may not expend any legislative appropriation,
299	including, but not limited to, the instructional materials
300	allocation, for Florida Comprehensive Assessment Test (FCAT)
301	practice tests, sample test items, or practice workbooks or for
302	any other materials dedicated to test-taking exercises or
303	strategies designed exclusively for FCAT preparation or that
304	include any reference to the "Florida Comprehensive Assessment
305	Test" or "FCAT." If the Auditor General determines that a school
306	district has violated this subsection, the department shall
307	withhold from the next distribution of funds from the
308	instructional materials allocation under s. 1011.67 an amount
309	equal to the legislative appropriations expended in violation of
310	this subsection. The district school board shall appropriately
311	discipline the malfeasant staff responsible for the unlawful
312	expenditure.
313	Section 7.  Paragraph (b) of subsection (4) and paragraph
314	(a) of subsection (8) of section 1003.428, Florida Statutes, are
315	amended to read:
316	1003.428  General requirements for high school graduation;
317	revised.--
318	(4)  Each district school board shall establish standards
319	for graduation from its schools, which must include:
320	(b)  Earning passing scores on the FCAT, as defined in s.
321	1008.22(3)(c), or scores on a standardized test that are
322	concordant with passing scores on the FCAT as defined in s.
323	1008.22(10)(9).
324
325	Each district school board shall adopt policies designed to
326	assist students in meeting the requirements of this subsection.
327	These policies may include, but are not limited to: forgiveness
328	policies, summer school or before or after school attendance,
329	special counseling, volunteers or peer tutors, school-sponsored
330	help sessions, homework hotlines, and study skills classes.
331	Forgiveness policies for required courses shall be limited to
332	replacing a grade of "D" or "F," or the equivalent of a grade of
333	"D" or "F," with a grade of "C" or higher, or the equivalent of
334	a grade of "C" or higher, earned subsequently in the same or
335	comparable course. Forgiveness policies for elective courses
336	shall be limited to replacing a grade of "D" or "F," or the
337	equivalent of a grade of "D" or "F," with a grade of "C" or
338	higher, or the equivalent of a grade of "C" or higher, earned
339	subsequently in another course. The only exception to these
340	forgiveness policies shall be made for a student in the middle
341	grades who takes any high school course for high school credit
342	and earns a grade of "C," "D," or "F" or the equivalent of a
343	grade of "C," "D," or "F." In such case, the district
344	forgiveness policy must allow the replacement of the grade with
345	a grade of "C" or higher, or the equivalent of a grade of "C" or
346	higher, earned subsequently in the same or comparable course. In
347	all cases of grade forgiveness, only the new grade shall be used
348	in the calculation of the student's grade point average. Any
349	course grade not replaced according to a district school board
350	forgiveness policy shall be included in the calculation of the
351	cumulative grade point average required for graduation.
352	(8)(a)  Each district school board must provide instruction
353	to prepare students with disabilities to demonstrate proficiency
354	in the core content knowledge and skills and competencies
355	necessary for successful grade-to-grade progression and high
356	school graduation.
357	Section 8.  Paragraph (a) of subsection (6) of section
358	1003.429, Florida Statutes, is amended to read:
359	1003.429  Accelerated high school graduation options.--
360	(6)  Students pursuing accelerated 3-year high school
361	graduation options pursuant to paragraph (1)(b) or paragraph
362	(1)(c) are required to:
363	(a)  Earn passing scores on the FCAT as defined in s.
364	1008.22(3)(c) or scores on a standardized test that are
365	concordant with passing scores on the FCAT as defined in s.
366	1008.22(10)(9).
367
368	Weighted grades referred to in paragraphs (b), (c), and (d)
369	shall be applied to those courses specifically listed or
370	identified by the department as rigorous pursuant to s.
371	1009.531(3) or weighted by the district school board for class
372	ranking purposes.
373	Section 9.  Paragraph (a) of subsection (5) and paragraph
374	(a) of subsection (11) of section 1003.43, Florida Statutes, are
375	amended to read:
376	1003.43  General requirements for high school graduation.--
377	(5)  Each district school board shall establish standards
378	for graduation from its schools, and these standards must
379	include:
380	(a)  Earning passing scores on the FCAT, as defined in s.
381	1008.22(3)(c), or scores on a standardized test that are
382	concordant with passing scores on the FCAT as defined in s.
383	1008.22(10)(9).
384
385	The standards required in this subsection, and any subsequent
386	modifications, shall be reprinted in the Florida Administrative
387	Code even though not defined as "rules."
388	(11)(a)  Each district school board must provide
389	instruction to prepare students with disabilities to demonstrate
390	proficiency in the core content knowledge and skills and
391	competencies necessary for successful grade-to-grade progression
392	and high school graduation.
393	Section 10.  Subsection (1) of section 1003.433, Florida
394	Statutes, is amended to read:
395	1003.433  Learning opportunities for out-of-state and out-
396	of-country transfer students and students needing additional
397	instruction to meet high school graduation requirements.--
398	(1)  Students who enter a Florida public school at the
399	eleventh or twelfth grade from out of state or from a foreign
400	country shall not be required to spend additional time in a
401	Florida public school in order to meet the high school course
402	requirements if the student has met all requirements of the
403	school district, state, or country from which he or she is
404	transferring. Such students who are not proficient in English
405	should receive immediate and intensive instruction in English
406	language acquisition. However, to receive a standard high school
407	diploma, a transfer student must earn a 2.0 grade point average
408	and pass the grade 10 FCAT required in s. 1008.22(3) or an
409	alternate assessment as described in s. 1008.22(10)(9).
410	Section 11.  Paragraph (d) of subsection (6) of section
411	1003.63, Florida Statutes, is amended to read:
412	1003.63  Deregulated public schools pilot program.--
413	(6)  ELEMENTS OF THE PROPOSAL.--The major issues involving
414	the operation of a deregulated public school shall be considered
415	in advance and written into the proposal.
416	(d)  Upon receipt of the annual report required by
417	paragraph (b), the Department of Education shall provide the
418	State Board of Education, the Commissioner of Education, the
419	President of the Senate, and the Speaker of the House of
420	Representatives with a copy of each report and an analysis and
421	comparison of the overall performance of students, to include
422	all students in deregulated public schools whose scores are
423	counted as part of the statewide assessment tests, versus
424	comparable public school students in the district as determined
425	by statewide assessments administered under s. 1008.22(3) FCAT
426	and district assessment tests and, as appropriate, the Florida
427	Writes Assessment Test, and other assessments administered
428	pursuant to s. 1008.22(3).
429	Section 12.  Paragraph (b) of subsection (1) of section
430	1006.28, Florida Statutes, is amended to read:
431	1006.28  Duties of district school board, district school
432	superintendent; and school principal regarding K-12
433	instructional materials.--
434	(1)  DISTRICT SCHOOL BOARD.--The district school board has
435	the duty to provide adequate instructional materials for all
436	students in accordance with the requirements of this part. The
437	term "adequate instructional materials" means a sufficient
438	number of textbooks or sets of materials serving as the basis
439	for instruction for each student in the core courses of
440	mathematics, language arts, social studies, science, reading,
441	and literature, except for instruction for which the school
442	advisory council approves the use of a program that does not
443	include a textbook as a major tool of instruction. The district
444	school board has the following specific duties:
445	(b)  Textbooks.--Provide for proper requisitioning,
446	distribution, accounting, storage, care, and use of all
447	instructional materials furnished by the state and furnish such
448	other instructional materials as may be needed. The district
449	school board shall assure that instructional materials used in
450	the district are consistent with the district goals and
451	objectives and the curriculum frameworks adopted by rule of the
452	State Board of Education, as well as with the state and district
453	curricular performance standards provided for in s. 1001.03(1).
454	Section 13.  Subsection (4) of section 1006.31, Florida
455	Statutes, is amended to read:
456	1006.31  Duties of each state instructional materials
457	committee.--The duties of each state instructional materials
458	committee are:
459	(4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To evaluate
460	carefully all instructional materials submitted, to ascertain
461	which instructional materials, if any, submitted for
462	consideration best implement the selection criteria developed by
463	the commissioner and those curricular objectives included within
464	applicable curricular performance standards provided for in s.
465	1001.03(1).
466	(a)  When recommending instructional materials for use in
467	the schools, each committee shall include only instructional
468	materials that accurately portray the ethnic, socioeconomic,
469	cultural, and racial diversity of our society, including men and
470	women in professional, career, and executive roles, and the role
471	and contributions of the entrepreneur and labor in the total
472	development of this state and the United States.
473	(b)  When recommending instructional materials for use in
474	the schools, each committee shall include only materials which
475	accurately portray, whenever appropriate, humankind's place in
476	ecological systems, including the necessity for the protection
477	of our environment and conservation of our natural resources and
478	the effects on the human system of the use of tobacco, alcohol,
479	controlled substances, and other dangerous substances.
480	(c)  When recommending instructional materials for use in
481	the schools, each committee shall require such materials as it
482	deems necessary and proper to encourage thrift, fire prevention,
483	and humane treatment of people and animals.
484	(d)  When recommending instructional materials for use in
485	the schools, each committee shall require, when appropriate to
486	the comprehension of students, that materials for social
487	science, history, or civics classes contain the Declaration of
488	Independence and the Constitution of the United States. No
489	instructional materials shall be recommended by any committee
490	for use in the schools which contain any matter reflecting
491	unfairly upon persons because of their race, color, creed,
492	national origin, ancestry, gender, or occupation.
493	(e)  All instructional materials recommended by each
494	committee for use in the schools shall be, to the satisfaction
495	of each committee, accurate, objective, and current and suited
496	to the needs and comprehension of students at their respective
497	grade levels. Instructional materials committees shall consider
498	for adoption materials developed for academically talented
499	students such as those enrolled in advanced placement courses.
500
501	The findings of the committees, including the evaluation of
502	instructional materials, shall be in sessions open to the
503	public. All decisions leading to determinations of the
504	committees shall be by roll call vote, and at no time will a
505	secret ballot be permitted.
506	Section 14.  Subsection (1) and paragraph (b) of subsection
507	(2) of section 1006.34, Florida Statutes, are amended to read:
508	1006.34  Powers and duties of the commissioner and the
509	department in selecting and adopting instructional materials.--
510	(1)  PROCEDURES FOR EVALUATING INSTRUCTIONAL
511	MATERIALS.--The commissioner shall prescribe the procedures by
512	which the department shall evaluate instructional materials
513	submitted by publishers and manufacturers in each adoption.
514	Included in these procedures shall be provisions that which
515	afford each publisher or manufacturer or his or her
516	representative an opportunity to present to members of the state
517	instructional materials committees the merits of each
518	instructional material submitted in each adoption. Beginning
519	July 1, 2008, the procedures must prohibit the adoption of
520	instructional materials that include any reference to the
521	"Florida Comprehensive Assessment Test" or "FCAT" and must
522	require any instructional materials submitted to clearly
523	demonstrate alignment to the Sunshine State Standards.
524	(2)  SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.--
525	(b)  In the selection of instructional materials, library
526	books, and other reading material used in the public school
527	system, the standards used to determine the propriety of the
528	material shall include:
529	1.  The age of the students who normally could be expected
530	to have access to the material.
531	2.  The educational purpose to be served by the material.
532	In considering instructional materials for classroom use,
533	priority shall be given to the selection of materials which
534	encompass the state and district school board curricular
535	performance standards provided for in s. 1001.03(1) and which
536	include the instructional objectives contained within the
537	curriculum frameworks approved by rule of the State Board of
538	Education.
539	3.  The degree to which the material would be supplemented
540	and explained by mature classroom instruction as part of a
541	normal classroom instructional program.
542	4.  The consideration of the broad racial, ethnic,
543	socioeconomic, and cultural diversity of the students of this
544	state.
545
546	No book or other material containing hard-core pornography or
547	otherwise prohibited by s. 847.012 shall be used or available
548	within any public school district.
549	Section 15.  Paragraph (b) of subsection (3) of section
550	1006.38, Florida Statutes, is amended to read:
551	1006.38  Duties, responsibilities, and requirements of
552	instructional materials publishers and
553	manufacturers.--Publishers and manufacturers of instructional
554	materials, or their representatives, shall:
555	(3)  Submit, at a time designated in s. 1006.33, the
556	following information:
557	(b)  Written proof that the publisher has provided written
558	correlations to appropriate curricular objectives included
559	within applicable curricular performance standards provided for
560	in s. 1001.03(1).
561	Section 16.  Subsection (1) and paragraph (b) of subsection
562	(3) of section 1006.40, Florida Statutes, are amended to read:
563	1006.40  Use of instructional materials allocation;
564	instructional materials, library books, and reference books;
565	repair of books.--
566	(1)(a)  On or before July 1 each year, the commissioner
567	shall certify to each district school superintendent the
568	estimated allocation of state funds for instructional materials,
569	computed under pursuant to the provisions of s. 1011.67 for the
570	ensuing fiscal year. All instructional materials used must align
571	to the Sunshine State Standards. Instructional materials used to
572	teach reading shall, to the maximum extent practicable,
573	incorporate nonfictional content from other core subjects.
574	(b)  A school district may not expend funds from the
575	instructional materials allocation for Florida Comprehensive
576	Assessment Test (FCAT) practice tests, sample test items, or
577	practice workbooks or for any other materials dedicated to test-
578	taking exercises or strategies designed exclusively for FCAT
579	preparation or that include any reference to the "Florida
580	Comprehensive Assessment Test" or "FCAT." The department shall
581	notify publishers and manufacturers of this prohibition by
582	including notice of this paragraph in the instructional
583	materials specifications for each adoption. A school district's
584	violation of this paragraph is subject to the withholding of
585	funds from the instructional materials allocation under s.
586	1001.42(7).
587	(3)
588	(b)  Up to 50 percent of the annual allocation may be used
589	for the purchase of instructional materials, including library
590	and reference books and nonprint materials, not included on the
591	state-adopted list and for the repair and renovation of
592	textbooks and library books. Notwithstanding subsection (4), up
593	to 10 percent of the funds used for the purchase of
594	instructional materials not on the state-adopted list may be
595	used to purchase digital or online content, or technology
596	devices with digital or online content, if the publisher or
597	manufacturer clearly demonstrates that the content is aligned to
598	the Sunshine State Standards.
599	Section 17.  Section 1008.22, Florida Statutes, is amended
600	to read:
601	1008.22  Student assessment program for public schools.--
602	(1)  PURPOSE.--The primary purposes of the student
603	assessment program are to provide information needed to improve
604	the public schools by enhancing the learning gains of all
605	students and to inform parents of the educational progress of
606	their public school children. The program must be designed to:
607	(a)  Assess the annual learning gains of each student
608	toward achieving the Sunshine State Standards appropriate for
609	the student's grade level.
610	(b)  Provide data for making decisions regarding school
611	accountability and recognition.
612	(c)  Identify the educational strengths and needs of
613	students and the readiness of students to be promoted to the
614	next grade level or to graduate from high school with a standard
615	or special high school diploma.
616	(d)  Assess how well educational goals and curricular
617	performance standards are met at the school, district, and state
618	levels.
619	(e)  Provide information to aid in the evaluation and
620	development of educational programs and policies.
621	(f)  Provide information on the performance of Florida
622	students compared with that of other students across the United
623	States.
624	(2)  NATIONAL EDUCATION COMPARISONS.--It is Florida's
625	intent to participate in the measurement of national educational
626	goals. The Commissioner of Education shall direct Florida school
627	districts to participate in the administration of the National
628	Assessment of Educational Progress, or a similar national
629	assessment program, both for the national sample and for any
630	state-by-state comparison programs which may be initiated. The
631	Such assessments must be conducted using the data collection
632	procedures, the student surveys, the educator surveys, and other
633	instruments included in the National Assessment of Educational
634	Progress or similar program being administered in Florida. The
635	results of these assessments shall be included in the annual
636	report of the Commissioner of Education specified in this
637	section. The administration of the National Assessment of
638	Educational Progress or similar program shall be in addition to
639	and separate from the administration of the statewide assessment
640	program.
641	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
642	design and implement a statewide program of educational
643	assessment that provides information for the improvement of the
644	operation and management of the public schools, including
645	schools operating for the purpose of providing educational
646	services to youth in Department of Juvenile Justice programs.
647	The commissioner may enter into contracts for the continued
648	administration of the assessment, testing, and evaluation
649	programs authorized and funded by the Legislature. Contracts may
650	be initiated in 1 fiscal year and continue into the next and may
651	be paid from the appropriations of either or both fiscal years.
652	The commissioner is authorized to negotiate for the sale or
653	lease of tests, scoring protocols, test scoring services, and
654	related materials developed pursuant to law. Pursuant to the
655	statewide assessment program, the commissioner shall:
656	(a)  Submit proposed enhanced curricular Sunshine State
657	Standards to the State Board of Education for adoption and
658	periodic review and revision under s. 1003.41. a list that
659	specifies student skills and competencies to which the goals for
660	education specified in the state plan apply, including, but not
661	limited to, reading, writing, science, and mathematics. The
662	skills and competencies must include problem-solving and higher-
663	order skills as appropriate and shall be known as the Sunshine
664	State Standards as defined in s. 1000.21. The commissioner shall
665	select such skills and competencies after receiving
666	recommendations from educators, citizens, and members of the
667	business community. The commissioner shall submit to the State
668	Board of Education revisions to the list of student skills and
669	competencies in order to maintain continuous progress toward
670	improvements in student proficiency.
671	(b)  Develop and implement a uniform system of indicators
672	to describe the performance of public school students and the
673	characteristics of the public school districts and the public
674	schools. These indicators must include, without limitation,
675	information gathered by the comprehensive management information
676	system created pursuant to s. 1008.385 and student achievement
677	information obtained pursuant to this section.
678	(c)  Develop and implement a student achievement testing
679	program known as the Florida Comprehensive Assessment Test
680	(FCAT) as part of the statewide assessment program to measure a
681	student's content knowledge and skills in reading, writing,
682	science, and mathematics, and, by the 2012-2013 school year,
683	social studies. Other content areas may be included as directed
684	by the commissioner. Comprehensive assessments The assessment of
685	reading and mathematics shall be administered annually in grades
686	3 through 10. Comprehensive assessments The assessment of
687	writing and science shall be administered at least once at the
688	elementary, middle, and high school levels. Comprehensive
689	assessment of social studies shall be administered at least once
690	at the middle school level. End-of-course assessments of social
691	studies shall be administered at the high school level. End-of-
692	course assessments of any other subject may be administered in
693	addition to the comprehensive assessments required under this
694	paragraph. An end-of-course assessment must be rigorous,
695	standardized, and administered statewide. The content knowledge
696	and skills assessed by comprehensive and end-of-course
697	assessments must be aligned to the core curricular content
698	established in the Sunshine State Standards. The commissioner
699	may select one or more nationally developed comprehensive
700	examinations, which may include, but are not limited to,
701	examinations for a College Board Advanced Placement course,
702	International Baccalaureate course, or Advanced International
703	Certificate of Education course, for use as end-of-course
704	assessments under this paragraph, if the commissioner determines
705	that the content knowledge and skills assessed by the
706	examinations meet or exceed the grade-level expectations of the
707	Sunshine State Standards for the course must document the
708	procedures used to ensure that the versions of the FCAT which
709	are taken by students retaking the grade 10 FCAT are equally as
710	challenging and difficult as the tests taken by students in
711	grade 10 which contain performance tasks. The testing program
712	must be designed as follows so that:
713	1.  The tests measure student skills and competencies
714	adopted by the State Board of Education as specified in
715	paragraph (a). The tests must measure and report student
716	proficiency levels of all students assessed in reading, writing,
717	mathematics, and science, and social studies. The commissioner
718	shall provide for the tests to be developed or obtained, as
719	appropriate, through contracts and project agreements with
720	private vendors, public vendors, public agencies, postsecondary
721	educational institutions, or school districts. An entity awarded
722	a contract or entering into a project agreement, or a corporate
723	affiliate or subsidiary of the entity, may not participate in
724	the development or publication of practice tests, sample test
725	items, or practice workbooks or of any other materials dedicated
726	to test-taking exercises or strategies for the tests developed
727	or obtained through the contract or project agreement, except as
728	authorized in the contract or project agreement or otherwise
729	authorized in writing by the commissioner. The commissioner
730	shall obtain input with respect to the design and implementation
731	of the testing program from assessment experts, state educators,
732	assistive technology experts, and the public. In addition, the
733	commissioner shall provide for ongoing review of the FCAT by an
734	independent test-measurement expert who provides analysis and
735	evaluation of the test and testing practices.
736	2.  The testing program shall be composed will include a
737	combination of norm-referenced and criterion-referenced tests,
738	which shall and include, to the extent determined by the
739	commissioner, include test items questions that require the
740	student to produce information or perform tasks in such a way
741	that the core content knowledge and skills and competencies he
742	or she uses can be measured.
743	3.  Beginning with the 2008-2009 school year, the
744	commissioner shall discontinue administration of the selected-
745	response test items on the comprehensive assessments of writing.
746	Beginning with the 2012-2013 school year, the comprehensive
747	assessments of writing shall be composed of a combination of
748	selected-response test items, short-response performance tasks,
749	and extended-response performance tasks, which shall measure a
750	student's content knowledge of writing, including, but not
751	limited to, paragraph and sentence structure, sentence
752	construction, grammar and usage, punctuation, capitalization,
753	spelling, parts of speech, verb tense, irregular verbs, subject-
754	verb agreement, and noun-pronoun agreement. Each testing
755	program, whether at the elementary, middle, or high school
756	level, includes a test of writing in which students are required
757	to produce writings that are then scored by appropriate and
758	timely methods.
759	4.  For each test, a score shall be is designated for each
760	subject area tested, below which score a student's performance
761	shall be is deemed inadequate. A The school district districts
762	shall provide appropriate remedial instruction to students whose
763	performance is who score below grade level these levels.
764	5.  Except as provided in s. 1003.428(8)(b) or s.
765	1003.43(11)(b), students must earn a passing score on the grade
766	10 assessment test described in this paragraph or attain
767	concordant scores as described in subsection (10) (9) in
768	reading, writing, and mathematics to qualify for a standard high
769	school diploma. The State Board of Education shall designate a
770	passing score for each part of the grade 10 assessment test. In
771	establishing passing scores, the state board shall consider any
772	possible negative impact of the test on minority students. The
773	State Board of Education shall adopt rules that which specify
774	the passing scores for the grade 10 FCAT. Any such rules that,
775	which have the effect of raising the required passing scores,
776	shall only apply to students taking the grade 10 FCAT for the
777	first time after such rules are adopted by the State Board of
778	Education.
779	6.  Participation in the testing program shall be is
780	mandatory for all students attending public school, including
781	students served in Department of Juvenile Justice programs,
782	except as otherwise prescribed by the commissioner. If a student
783	does not participate in the statewide assessment, the district
784	must notify the student's parent and provide the parent with
785	information regarding the implications of such nonparticipation.
786	A parent must provide signed consent for a student to receive
787	classroom instructional accommodations that would not be
788	available or permitted on the statewide assessments and must
789	acknowledge in writing that he or she understands the
790	implications of such instructional accommodations. The State
791	Board of Education shall adopt rules, based upon recommendations
792	of the commissioner, for the provision of test accommodations
793	for students in exceptional education programs and for students
794	who have limited English proficiency. Accommodations that negate
795	the validity of a statewide assessment are not allowable in the
796	administration of the FCAT. However, instructional
797	accommodations are allowable in the classroom if included in a
798	student's individual education plan. Students using
799	instructional accommodations in the classroom that are not
800	allowable as accommodations on the FCAT may have the FCAT
801	requirement waived under pursuant to the requirements of s.
802	1003.428(8)(b) or s. 1003.43(11)(b).
803	7.  A student seeking an adult high school diploma must
804	meet the same testing requirements that a regular high school
805	student must meet.
806	8.  District school boards must provide instruction to
807	prepare students to demonstrate proficiency in the core
808	curricular content established in the Sunshine State Standards
809	adopted under s. 1003.41, including the core content knowledge
810	and skills and competencies necessary for successful grade-to-
811	grade progression and high school graduation. If a student is
812	provided with instructional accommodations in the classroom that
813	are not allowable as accommodations in the statewide assessment
814	program, as described in the test manuals, the district must
815	inform the parent in writing and must provide the parent with
816	information regarding the impact on the student's ability to
817	meet expected proficiency levels in reading, writing, science,
818	mathematics, and social studies math. The commissioner shall
819	conduct studies as necessary to verify that the required core
820	curricular content is skills and competencies are part of the
821	district instructional programs.
822	9.  District school boards must provide opportunities for
823	students to demonstrate an acceptable level of performance on an
824	alternative standardized assessment approved by the State Board
825	of Education following enrollment in summer academies.
826	10.  The Department of Education must develop, or select,
827	and implement a common battery of assessment tools that are will
828	be used in all juvenile justice programs in the state. These
829	tools must accurately measure the core curricular content skills
830	and competencies established in the Sunshine State Standards.
831	11.  For students seeking a special diploma under pursuant
832	to s. 1003.438, the Department of Education must develop, or
833	select, and implement an alternate assessment tool that
834	accurately measures the core curricular content skills and
835	competencies established in the Sunshine State Standards for
836	students with disabilities under s. 1003.438.
837	12.  The Commissioner of Education shall establish
838	schedules for the administration of statewide assessments and
839	the reporting of student test results. The commissioner shall,
840	by August 1 of each year, notify each school district in writing
841	and publish on the department's Internet website the testing and
842	reporting schedules for, at a minimum, the school year following
843	the upcoming school year. The testing and reporting schedules
844	shall require that:
845	a.  There be the latest possible administration of
846	statewide assessments and the earliest possible reporting to the
847	school districts of student test results that are feasible
848	within available technology and specific appropriations.
849	b.  Beginning with the 2010-2011 school year, a
850	comprehensive statewide assessment of writing not be
851	administered earlier than the week of March 1 and a
852	comprehensive statewide assessment of any other subject not be
853	administered earlier than the week of April 15.
854	c.  A statewide end-of-course assessment be administered
855	within the last 2 weeks of the course.
856	d.  Student test results of statewide assessments be
857	reported by the week of the first Monday in June following
858	administration of the assessments.
859
860	The commissioner may, based on collaboration and input from
861	school districts, design and implement student testing programs,
862	for any grade level and subject area, necessary to effectively
863	monitor educational achievement in the state, including the
864	measurement of educational achievement of the Sunshine State
865	Standards for students with disabilities. Development and
866	refinement of assessments shall include universal design
867	principles and accessibility standards that will prevent any
868	unintended obstacles for students with disabilities while
869	ensuring the validity and reliability of the test. These
870	principles should be applicable to all technology platforms and
871	assistive devices available for the assessments. The field
872	testing process and psychometric analyses for the statewide
873	assessment program must include an appropriate percentage of
874	students with disabilities and an evaluation or determination of
875	the effect of test items on such students.
876	(d)  Conduct ongoing research to develop improved methods
877	of assessing student performance, including, without limitation,
878	the use of technology to administer tests, score, or report the
879	results of, the use of electronic transfer of data, the
880	development of work-product assessments, and the development of
881	process assessments.
882	(e)  Conduct ongoing research and analysis of student
883	achievement data, including, without limitation, monitoring
884	trends in student achievement by grade level and overall student
885	achievement, identifying school programs that are successful,
886	and analyzing correlates of school achievement.
887	(f)  Provide technical assistance to school districts in
888	the implementation of state and district testing programs and
889	the use of the data produced pursuant to such programs.
890	(g)  Study the cost and student achievement impact of
891	secondary end-of-course assessments, including web-based and
892	performance formats, and report to the Legislature prior to
893	implementation.
894	(4)  STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
895	ACTIVITIES.--Beginning with the 2008-2009 school year, a
896	district school board shall prohibit each public school from
897	suspending a regular program of curricula for purposes of
898	administering practice tests or engaging in other test-
899	preparation activities for a statewide assessment. However, a
900	district school board may authorize a public school to engage in
901	the following test-preparation activities for a statewide
902	assessment:
903	(a)  Distributing to students the sample test books and
904	answer keys published by the Department of Education.
905	(b)  Providing individualized instruction in test-taking
906	strategies, without suspending the school's regular program of
907	curricula, for a student who scores at Level 1 or Level 2 on a
908	prior administration of the statewide assessment.
909	(c)  Providing individualized instruction in the content
910	knowledge and skills assessed, without suspending the school's
911	regular program of curricula, for a student who scores at Level
912	1 or Level 2 on a prior administration of the statewide
913	assessment or for a student who, through a diagnostic assessment
914	administered by the school district, is identified as having a
915	deficiency in the content knowledge and skills assessed.
916	(d)  Incorporating test-taking exercises and strategies
917	into curricula for intensive reading and mathematics
918	intervention courses.
919	(e)  Administering a practice test or engaging in other
920	test-preparation activities for the statewide assessment, which
921	are determined necessary to familiarize students with the
922	organization of the assessment, format of the test items, and
923	the test directions, or otherwise necessary for the valid and
924	reliable administration of the assessment, as set forth in rules
925	adopted by the State Board of Education with specific reference
926	to this paragraph.
927	(5)(4)  DISTRICT TESTING PROGRAMS.--Each district school
928	board shall periodically assess student performance and
929	achievement within each school of the district. The assessment
930	programs must be based on the core curricular content
931	established in the Sunshine State Standards and any upon local
932	goals and objectives that are compatible with the state plan for
933	education and that supplement the core content knowledge and
934	skills necessary for successful grade-to-grade progression and
935	high school graduation and competencies adopted by the State
936	Board of Education. All school districts must participate in the
937	statewide assessment program designed to measure annual student
938	learning and school performance. All district school boards
939	shall report assessment results as required by the state
940	management information system.
941	(6)(5)  SCHOOL TESTING PROGRAMS.--Each public school shall
942	participate in the statewide assessment program in accordance
943	with the testing and reporting schedules published by the
944	Commissioner of Education under subparagraph (3)(c)12., unless
945	specifically exempted by state board rule based on serving a
946	specialized population for which standardized testing is not
947	appropriate. Student performance data shall be analyzed and
948	reported to parents, the community, and the state. Student
949	performance data shall be used in developing objectives of the
950	school improvement plan, evaluation of instructional personnel,
951	evaluation of administrative personnel, assignment of staff,
952	allocation of resources, acquisition of instructional materials
953	and technology, performance-based budgeting, and promotion and
954	assignment of students into educational programs. The analysis
955	of student performance data also must identify strengths and
956	needs in the educational program and trends over time. The
957	analysis must be used in conjunction with the budgetary planning
958	processes developed pursuant to s. 1008.385 and the development
959	of the programs of remediation.
960	(7)(6)  REQUIRED ANALYSES.--The commissioner shall provide,
961	at a minimum, for the following analyses of data produced by the
962	student achievement testing program:
963	(a)  The statistical system for the annual assessments
964	shall use measures of student learning, such as the FCAT, to
965	determine teacher, school, and school district statistical
966	distributions, which shall be determined using available data
967	from the FCAT, and other data collection as deemed appropriate
968	by the Department of Education, to measure the differences in
969	student prior year achievement compared to the current year
970	achievement for the purposes of accountability and recognition.
971	(b)  The statistical system shall provide the best
972	estimates of teacher, school, and school district effects on
973	student progress. The approach used by the department shall be
974	approved by the commissioner before implementation.
975	(c)  The annual testing program shall be administered to
976	provide for valid statewide comparisons of learning gains to be
977	made for purposes of accountability and recognition. The
978	commissioner shall establish a schedule for the administration
979	of the statewide assessments. In establishing such schedule, the
980	commissioner is charged with the duty to accomplish the latest
981	possible administration of the statewide assessments and the
982	earliest possible provision of the results to the school
983	districts feasible within available technology and specific
984	appropriation. District school boards shall not establish school
985	calendars that jeopardize or limit the valid testing and
986	comparison of student learning gains.
987	(8)(7)  LOCAL ASSESSMENTS.--Measurement of the learning
988	gains of students in all subjects and grade levels other than
989	subjects and grade levels required for the state student
990	achievement testing program is the responsibility of the school
991	districts.
992	(9)(8)  APPLICABILITY OF TESTING STANDARDS.--
993	(a)  If the Commissioner of Education revises a statewide
994	assessment and the revisions require the State Board of
995	Education to modify the assessment's proficiency levels or
996	modify the passing scores required for a standard high school
997	diploma, until the state board adopts the modifications by rule,
998	the commissioner shall use calculations for scoring the
999	assessment that adjust student scores on the revised assessment
1000	for statistical equivalence to student scores on the former
1001	assessment.
1002	(b)  A student must attain meet the passing scores on a
1003	statewide assessment required testing requirements for a
1004	standard high school diploma graduation that were in effect at
1005	the time the student entered 9th grade 9 if, provided the
1006	student's enrollment was continuous.
1007	(c)  If the commissioner revises a statewide assessment and
1008	the revisions require the State Board of Education to modify the
1009	passing scores required for a standard high school diploma, the
1010	commissioner may, with approval of the state board, discontinue
1011	administration of the former assessment upon the graduation,
1012	based on normal student progression, of students participating
1013	in the final regular administration of the former assessment.
1014	The state board shall adopt by rule passing scores for the
1015	revised assessment that are statistically equivalent to passing
1016	scores on the discontinued assessment for a student required
1017	under paragraph (b) to attain passing scores on the discontinued
1018	assessment.
1019	(10)(9)  CONCORDANT SCORES FOR THE FCAT.--
1020	(a)  The State Board of Education shall analyze the content
1021	and concordant data sets for widely used high school achievement
1022	tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
1023	and College Placement Test, to assess if concordant scores for
1024	FCAT scores can be determined for high school graduation,
1025	college placement, and scholarship awards. In cases where
1026	content alignment and concordant scores can be determined, the
1027	Commissioner of Education shall adopt those scores as meeting
1028	the graduation requirement in lieu of achieving the FCAT passing
1029	score and may adopt those scores as being sufficient to achieve
1030	additional purposes as determined by rule. Each time that test
1031	content or scoring procedures change are changed for the FCAT or
1032	for a high school achievement test for which a concordant score
1033	is determined one of the identified tests, new concordant scores
1034	must be determined.
1035	(b)  In order to use a concordant subject area score
1036	pursuant to this subsection to satisfy the assessment
1037	requirement for a standard high school diploma as provided in s.
1038	1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
1039	take each subject area of the grade 10 FCAT a total of three
1040	times without earning a passing score. The requirements of this
1041	paragraph shall not apply to a new student who enters the
1042	Florida public school system in grade 12, who may either achieve
1043	a passing score on the FCAT or use an approved subject area
1044	concordant score to fulfill the graduation requirement.
1045	(c)  The State Board of Education may define by rule the
1046	allowable uses, other than to satisfy the high school graduation
1047	requirement, for concordant scores as described in this
1048	subsection. Such uses may include, but need not be limited to,
1049	achieving appropriate standardized test scores required for the
1050	awarding of Florida Bright Futures Scholarships and college
1051	placement.
1052	(11)(10)  REPORTS.--The Department of Education shall
1053	annually provide a report to the Governor, the President of the
1054	Senate, and the Speaker of the House of Representatives on the
1055	following:
1056	(a)  Longitudinal performance of students in mathematics
1057	and reading.
1058	(b)  Longitudinal performance of students by grade level in
1059	mathematics and reading.
1060	(c)  Longitudinal performance regarding efforts to close
1061	the achievement gap.
1062	(d)  Longitudinal performance of students on the norm-
1063	referenced component of the FCAT.
1064	(d)(e)  Other student performance data based on national
1065	norm-referenced and criterion-referenced tests, when available,
1066	and numbers of students who after 8th grade enroll in adult
1067	education rather than other secondary education.
1068	(12)(11)  RULES.--The State Board of Education shall adopt
1069	rules under pursuant to ss. 120.536(1) and 120.54 to implement
1070	the provisions of this section.
1071	Section 18.  Subsection (1), paragraph (b) of subsection
1072	(2), subsection (4), and paragraph (a) of subsection (8) of
1073	section 1008.25, Florida Statutes, are amended to read:
1074	1008.25  Public school student progression; remedial
1075	instruction; reporting requirements.--
1076	(1)  INTENT.--It is the intent of the Legislature that each
1077	student's progression from one grade to another be determined,
1078	in part, upon proficiency in reading, writing, science, and
1079	mathematics, and, upon assessment under s. 1008.22, social
1080	studies; that district school board policies facilitate such
1081	proficiency; and that each student and his or her parent be
1082	informed of that student's academic progress.
1083	(2)  COMPREHENSIVE PROGRAM.--Each district school board
1084	shall establish a comprehensive program for student progression
1085	which must include:
1086	(b)  Specific levels of performance in reading, writing,
1087	science, and mathematics, and, upon assessment under s. 1008.22,
1088	social studies for each grade level, including the levels of
1089	performance on statewide assessments as defined by the
1090	commissioner, below which a student must receive remediation, or
1091	be retained within an intensive program that is different from
1092	the previous year's program and that takes into account the
1093	student's learning style.
1094	(4)  ASSESSMENT AND REMEDIATION.--
1095	(a)  Each student must participate in the statewide
1096	assessment tests required by s. 1008.22. Each student who does
1097	not meet specific levels of performance as determined by the
1098	district school board in reading, writing, science, and
1099	mathematics, and, upon assessment under s. 1008.22, social
1100	studies for each grade level, or who scores below Level 3 in
1101	reading or mathematics math, must be provided with additional
1102	diagnostic assessments to determine the nature of the student's
1103	difficulty, the areas of academic need, and strategies for
1104	appropriate intervention and instruction as described in
1105	paragraph (b).
1106	(b)  The school in which the student is enrolled must
1107	develop, in consultation with the student's parent, and must
1108	implement a progress monitoring plan. A progress monitoring plan
1109	is intended to provide the school district and the school
1110	flexibility in meeting the academic needs of the student and to
1111	reduce paperwork. A student who is not meeting the school
1112	district or state requirements for proficiency in reading and
1113	mathematics math shall be covered by one of the following plans
1114	to target instruction and identify ways to improve his or her
1115	academic achievement:
1116	1.  A federally required student plan such as an individual
1117	education plan;
1118	2.  A schoolwide system of progress monitoring for all
1119	students; or
1120	3.  An individualized progress monitoring plan.
1121
1122	The plan chosen must be designed to assist the student or the
1123	school in meeting state and district expectations for
1124	proficiency. If the student has been identified as having a
1125	deficiency in reading, the K-12 comprehensive reading plan
1126	required by s. 1011.62(8) shall include instructional and
1127	support services to be provided to meet the desired levels of
1128	performance. District school boards may require low-performing
1129	students to attend remediation programs held before or after
1130	regular school hours or during the summer if transportation is
1131	provided.
1132	(c)  Upon subsequent evaluation, if the documented
1133	deficiency has not been remediated, the student may be retained.
1134	Each student who does not meet the minimum performance
1135	expectations defined by the Commissioner of Education for the
1136	statewide assessment tests in reading, writing, science, and
1137	mathematics, and, upon assessment under s. 1008.22, social
1138	studies must continue to be provided with remedial or
1139	supplemental instruction until the expectations are met or the
1140	student graduates from high school or is not subject to
1141	compulsory school attendance.
1142	(8)  ANNUAL REPORT.--
1143	(a)  In addition to the requirements in paragraph (5)(b),
1144	each district school board must annually report to the parent of
1145	each student the progress of the student toward achieving state
1146	and district expectations for proficiency in reading, writing,
1147	science, and mathematics, and, upon assessment under s. 1008.22,
1148	social studies. The district school board must report to the
1149	parent the student's results on each statewide assessment test.
1150	The evaluation of each student's progress must be based upon the
1151	student's classroom work, observations, tests, district and
1152	state assessments, and other relevant information. Progress
1153	reporting must be provided to the parent in writing in a format
1154	adopted by the district school board.
1155	Section 19.  Subsection (3) of section 1008.34, Florida
1156	Statutes, is amended to read:
1157	1008.34  School grading system; school report cards;
1158	district grade.--
1159	(3)  DESIGNATION OF SCHOOL GRADES.--
1160	(a)  Schools receiving a school grade.--Each school that
1161	has students who are tested and included in the school grading
1162	system, except an alternative school that receives a school
1163	improvement rating pursuant to s. 1008.341, shall receive a
1164	school grade, except as follows:
1165	1.  A school shall not receive a school grade if the number
1166	of its students tested and included in the school grading system
1167	is less than the minimum sample size necessary, based on
1168	accepted professional practice, for statistical reliability and
1169	prevention of the unlawful release of personally identifiable
1170	student data under s. 1002.22 or 20 U.S.C. s. 1232g.; however,
1171	2.  An alternative school may choose to receive a school
1172	grade under this section or in lieu of a school improvement
1173	rating under s. 1008.341.
1174	3.  Additionally, A school that serves any combination of
1175	students in kindergarten through grade 3 that which does not
1176	receive a school grade because its students are not tested and
1177	included in the school grading system shall receive the school
1178	grade designation of a K-3 feeder pattern school identified by
1179	the Department of Education and verified by the school district.
1180	A school feeder pattern exists if at least 60 percent of the
1181	students in the school serving a combination of students in
1182	kindergarten through grade 3 are scheduled to be assigned to the
1183	graded school. School grades itemized in subsection (2) shall be
1184	based on the following:
1185	(b)(a)  Criteria.--A school's grade shall be based on a
1186	combination of:
1187	1.  Student achievement scores, including achievement
1188	scores for students seeking a special diploma.
1189	2.  Student learning gains as measured by annual FCAT
1190	assessments in grades 3 through 10; learning gains for students
1191	seeking a special diploma, as measured by an alternate
1192	assessment tool, shall be included not later than the 2009-2010
1193	school year.
1194	3.  Improvement of the lowest 25th percentile of students
1195	in the school in reading, mathematics math, or writing on the
1196	FCAT, unless these students are exhibiting satisfactory
1197	performance.
1198	(c)(b)  Student assessment data.--Student assessment data
1199	used in determining school grades shall include:
1200	1.  The aggregate scores of all eligible students enrolled
1201	in the school who have been assessed on the FCAT.
1202	2.  The aggregate scores of all eligible students enrolled
1203	in the school who have been assessed on the FCAT, including
1204	Florida Writes, and who have scored at or in the lowest 25th
1205	percentile of students in the school in reading, mathematics
1206	math, or writing, unless these students are exhibiting
1207	satisfactory performance.
1208	3.  Effective with the 2005-2006 school year, the
1209	achievement scores and learning gains of eligible students
1210	attending alternative schools that provide dropout prevention
1211	and academic intervention services pursuant to s. 1003.53. The
1212	term "eligible students" in this subparagraph does not include
1213	students attending an alternative school who are subject to
1214	district school board policies for expulsion for repeated or
1215	serious offenses, who are in dropout retrieval programs serving
1216	students who have officially been designated as dropouts, or who
1217	are in programs operated or contracted by the Department of
1218	Juvenile Justice. The student performance data for eligible
1219	students identified in this subparagraph shall be included in
1220	the calculation of the home school's grade. As used in For
1221	purposes of this section and s. 1008.341, the term "home school"
1222	means the school to which the student would be assigned if the
1223	student were not was attending when assigned to an alternative
1224	school. If an alternative school chooses to be graded under
1225	pursuant to this section, student performance data for eligible
1226	students identified in this subparagraph shall not be included
1227	in the home school's grade but shall be included only in the
1228	calculation of the alternative school's grade. School districts
1229	shall must require collaboration between the home school and the
1230	alternative school in order to promote student success. This
1231	collaboration must include an annual discussion between the
1232	principal of the alternative school and the principal of each
1233	student's home school concerning the most appropriate school
1234	assignment for the student.
1235
1236	The State Board of Education shall adopt appropriate criteria
1237	for each school grade. The criteria must also give added weight
1238	to student achievement in reading. Schools designated with a
1239	grade of "C," making satisfactory progress, shall be required to
1240	demonstrate that adequate progress has been made by students in
1241	the school who are in the lowest 25th percentile in reading,
1242	mathematics math, or writing on the FCAT, including Florida
1243	Writes, unless these students are exhibiting satisfactory
1244	performance.
1245	Section 20.  Subsection (2) and paragraph (b) of subsection
1246	(3) of section 1008.341, Florida Statutes, are amended to read:
1247	1008.341  School improvement rating for alternative
1248	schools.--
1249	(2)  SCHOOL IMPROVEMENT RATING.--An alternative school
1250	schools that provides provide dropout prevention and academic
1251	intervention services under pursuant to s. 1003.53 shall receive
1252	a school improvement rating under pursuant to this section.
1253	However, an alternative school shall not receive a school
1254	improvement rating if the number of its students for whom
1255	student performance data is available for the current year and
1256	previous year is less than the minimum sample size necessary,
1257	based on accepted professional practice, for statistical
1258	reliability and prevention of the unlawful release of personally
1259	identifiable student data under s. 1002.22 or 20 U.S.C. s.
1260	1232g. The school improvement rating shall identify an
1261	alternative school schools as having one of the following
1262	ratings defined according to rules of the State Board of
1263	Education:
1264	(a)  "Improving" means a school schools with students
1265	making more academic progress than when the students were served
1266	in their home schools.
1267	(b)  "Maintaining" means a school schools with students
1268	making progress equivalent to the progress made when the
1269	students were served in their home schools.
1270	(c)  "Declining" means a school schools with students
1271	making less academic progress than when the students were served
1272	in their home schools.
1273
1274	The school improvement rating shall be based on a comparison of
1275	student performance data for the current year and previous year.
1276	Schools that improve at least one level or maintain an
1277	"improving" rating under pursuant to this section are eligible
1278	for school recognition awards under pursuant to s. 1008.36.
1279	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
1280	data used in determining an alternative school's school
1281	improvement rating shall include:
1282	(b)  The aggregate scores of all eligible students who were
1283	assigned to and enrolled in the school during the October or
1284	February FTE count, who have been assessed on the FCAT,
1285	including Florida Writes, and who have scored in the lowest 25th
1286	percentile of students in the state on FCAT Reading.
1287
1288	The assessment scores of students who are subject to district
1289	school board policies for expulsion for repeated or serious
1290	offenses, who are in dropout retrieval programs serving students
1291	who have officially been designated as dropouts, or who are in
1292	programs operated or contracted by the Department of Juvenile
1293	Justice may not be included in an alternative school's school
1294	improvement rating.
1295	Section 21.  Paragraph (a) of subsection (8) of section
1296	1008.345, Florida Statutes, is amended to read:
1297	1008.345  Implementation of state system of school
1298	improvement and education accountability.--
1299	(8)  As a part of the system of educational accountability,
1300	the Department of Education shall:
1301	(a)  Develop minimum performance standards for various
1302	grades and subject areas, as required in ss. 1001.03, 1008.22,
1303	and 1008.34.
1304	Section 22.  Subsection (2) of section 1008.36, Florida
1305	Statutes, is amended to read:
1306	1008.36  Florida School Recognition Program.--
1307	(2)  The Florida School Recognition Program is created to
1308	provide financial awards to public schools that:
1309	(a)  Sustain high performance by receiving a school grade
1310	of "A," making excellent progress; or
1311	(b)  Demonstrate exemplary improvement due to innovation
1312	and effort by improving at least one a letter grade or by
1313	improving more than one letter grade and sustaining the
1314	improvement the following school year.
1315
1316	Notwithstanding statutory provisions to the contrary, incentive
1317	awards are not subject to collective bargaining.
1318	Section 23.  This act shall take effect July 1, 2008.

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