Amendment
Bill No. CS/CS/HB 1293

Amendment No. 229567

CHAMBER ACTION
Senate		House
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1	Representative Kiar offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (c) of subsection (3) of section
6	1003.03, Florida Statutes, is amended to read:
7	1003.03  Maximum class size.--
8	(3)  IMPLEMENTATION OPTIONS.--District school boards must
9	consider, but are not limited to, implementing the following
10	items in order to meet the constitutional class size maximums
11	described in subsection (1) and the two-student-per-year
12	reduction required in subsection (2):
13	(c)1.  Repeal district school board policies that require
14	students to have more than 24 credits to graduate from high
15	school.
16	2.  Adopt policies to allow students to graduate from high
17	school as soon as they pass the end-of-course assessments, grade
18	10 FCAT and complete the courses, which are required for high
19	school graduation.
20	Section 2.  Subsections (1) and (2), paragraph (b) of
21	subsection (4), and subsections (5) through (11) of section
22	1003.428, Florida Statutes, are amended to read:
23	1003.428  General requirements for high school graduation;
24	revised.--
25	(1)  Except as otherwise authorized pursuant to s.
26	1003.429, beginning with students entering their first year of
27	high school in the 2007-2008 school year, graduation requires
28	the successful completion of a minimum of 24 credits, an
29	International Baccalaureate curriculum, or an Advanced
30	International Certificate of Education curriculum. Students must
31	be advised of the Advanced Placement, International
32	Baccalaureate, Advanced International Certificate of Education,
33	and dual enrollment courses available, as well as the
34	availability of course offerings through the Florida Virtual
35	School. Students must also be advised of eligibility
36	requirements for state scholarship programs and postsecondary
37	admissions.
38	(2)  The 24 credits may be earned through applied,
39	integrated, and combined courses approved by the Department of
40	Education and shall be distributed as follows:
41	(a)  Sixteen core curriculum credits:
42	1.  Four credits in English, with major concentration in
43	composition, reading for information, and literature.
44	2.  Four credits in mathematics, one of which must be
45	Algebra I, a series of courses equivalent to Algebra I, or a
46	higher-level mathematics course. Beginning with students
47	entering grade 9 in the 2010-2011 school year, one of the four
48	credits must be Algebra I or a series of courses equivalent to
49	Algebra I as approved by the State Board of Education, and one
50	credit must be geometry or a series of courses equivalent to
51	geometry as approved by the State Board of Education. Beginning
52	with students entering grade 9 in the 2012-2013 school year, one
53	of the four credits must be Algebra I or a series of courses
54	equivalent to Algebra I as approved by the State Board of
55	Education, one credit must be geometry or a series of courses
56	equivalent to geometry as approved by the State Board of
57	Education, and one credit must be Algebra II or a series of
58	courses equivalent to Algebra II as approved by the State Board
59	of Education. School districts are encouraged to set specific
60	goals to increase enrollments in, and successful completion of,
61	geometry and Algebra II.
62	3.  Three credits in science, two of which must have a
63	laboratory component. Beginning with students entering grade 9
64	in the 2010-2011 school year, one of the three credits must be
65	Biology I or a series of courses equivalent to Biology I as
66	approved by the State Board of Education, one credit must be a
67	physical science or a series of courses equivalent to a physical
68	science as approved by the State Board of Education, and one
69	credit must be a higher-level science course. At least two of
70	the science courses must have a laboratory component.
71	Agriscience Foundations I, the core course in secondary
72	Agriscience and Natural Resources programs, may count as the
73	third required science credit. Beginning with students entering
74	grade 9 in the 2012-2013 school year, one of the three credits
75	must be Biology I or a series of courses equivalent to Biology I
76	as approved by the State Board of Education, one credit must be
77	chemistry or a series of courses equivalent to chemistry as
78	approved by the State Board of Education, and one credit must be
79	a higher-level science course. At least two of the science
80	courses must have a laboratory component. Agriscience
81	Foundations I, the core course in secondary Agriscience and
82	Natural Resources programs, may count as the third required
83	science credit.
84	4.  Three credits in social studies as follows: one credit
85	in American history; one credit in world history; one-half
86	credit in economics; and one-half credit in American government.
87	5.  One credit in fine or performing arts, speech and
88	debate, or a practical arts course that incorporates artistic
89	content and techniques of creativity, interpretation, and
90	imagination. Eligible practical arts courses shall be identified
91	through the Course Code Directory.
92	6.  One credit in physical education to include integration
93	of health. Participation in an interscholastic sport at the
94	junior varsity or varsity level for two full seasons shall
95	satisfy the one-credit requirement in physical education if the
96	student passes a competency test on personal fitness with a
97	score of "C" or better. The competency test on personal fitness
98	must be developed by the Department of Education. A district
99	school board may not require that the one credit in physical
100	education be taken during the 9th grade year. Completion of one
101	semester with a grade of "C" or better in a marching band class,
102	in a physical activity class that requires participation in
103	marching band activities as an extracurricular activity, or in a
104	dance class shall satisfy one-half credit in physical education
105	or one-half credit in performing arts. This credit may not be
106	used to satisfy the personal fitness requirement or the
107	requirement for adaptive physical education under an individual
108	education plan (IEP) or 504 plan. Completion of 2 years in a
109	Reserve Officer Training Corps (R.O.T.C.) class, a significant
110	component of which is drills, shall satisfy the one-credit
111	requirement in physical education and the one-credit requirement
112	in performing arts. This credit may not be used to satisfy the
113	personal fitness requirement or the requirement for adaptive
114	physical education under an individual education plan (IEP) or
115	504 plan.
116	(b)  Eight credits in majors, minors, or electives:
117	1.  Four credits in a major area of interest, such as
118	sequential courses in a career and technical program, fine and
119	performing arts, or academic content area, selected by the
120	student as part of the education plan required by s. 1003.4156.
121	Students may revise major areas of interest each year as part of
122	annual course registration processes and should update their
123	education plan to reflect such revisions. Annually by October 1,
124	the district school board shall approve major areas of interest
125	and submit the list of majors to the Commissioner of Education
126	for approval. Each major area of interest shall be deemed
127	approved unless specifically rejected by the commissioner within
128	60 days. Upon approval, each district's major areas of interest
129	shall be available for use by all school districts and shall be
130	posted on the department's website.
131	2.  Four credits in elective courses selected by the
132	student as part of the education plan required by s. 1003.4156.
133	These credits may be combined to allow for a second major area
134	of interest pursuant to subparagraph 1., a minor area of
135	interest, elective courses, or intensive reading or mathematics
136	intervention courses as described in this subparagraph.
137	a.  Minor areas of interest are composed of three credits
138	selected by the student as part of the education plan required
139	by s. 1003.4156 and approved by the district school board.
140	b.  Elective courses are selected by the student in order
141	to pursue a complete education program as described in s.
142	1001.41(3) and to meet eligibility requirements for
143	scholarships.
144	c.  For each year in which a student scores below the
145	passing score on the reading portion of a language arts end-of-
146	course assessment required for high school graduation at Level l
147	on FCAT Reading, the student must be enrolled in and complete an
148	intensive reading course the following year. Placement of such
149	students Level 2 readers in either an intensive reading course
150	or a content area course in which reading strategies are
151	delivered shall be determined by diagnosis of reading needs. The
152	department shall provide guidance on appropriate strategies for
153	diagnosing and meeting the varying instructional needs of
154	students reading below grade level. Reading courses shall be
155	designed and offered pursuant to the comprehensive reading plan
156	required by s. 1011.62(9).
157	d.  For each year in which a student scores below the
158	passing score at Level 1 or Level 2 on a FCAT mathematics end-
159	of-course assessment required for high school graduation, the
160	student must receive remediation the following year. These
161	courses may be taught through applied, integrated, or combined
162	courses and are subject to approval by the department for
163	inclusion in the Course Code Directory.
164	(4)  Each district school board shall establish standards
165	for graduation from its schools, which must include:
166	(a)  Successful completion of the academic credit or
167	curriculum requirements of subsections (1) and (2).
168	(b)  Earning passing scores on the end-of-course
169	assessments required for high school graduation FCAT, as defined
170	in accordance with s. 1008.22(3)(c), or scores on a standardized
171	test that are concordant with passing scores on the FCAT as
172	defined in s. 1008.22(10).
173
174	Each district school board shall adopt policies designed to
175	assist students in meeting the requirements of this subsection.
176	These policies may include, but are not limited to: forgiveness
177	policies, summer school or before or after school attendance,
178	special counseling, volunteers or peer tutors, school-sponsored
179	help sessions, homework hotlines, and study skills classes.
180	Forgiveness policies for required courses shall be limited to
181	replacing a grade of "D" or "F," or the equivalent of a grade of
182	"D" or "F," with a grade of "C" or higher, or the equivalent of
183	a grade of "C" or higher, earned subsequently in the same or
184	comparable course. Forgiveness policies for elective courses
185	shall be limited to replacing a grade of "D" or "F," or the
186	equivalent of a grade of "D" or "F," with a grade of "C" or
187	higher, or the equivalent of a grade of "C" or higher, earned
188	subsequently in another course. The only exception to these
189	forgiveness policies shall be made for a student in the middle
190	grades who takes any high school course for high school credit
191	and earns a grade of "C," "D," or "F" or the equivalent of a
192	grade of "C," "D," or "F." In such case, the district
193	forgiveness policy must allow the replacement of the grade with
194	a grade of "C" or higher, or the equivalent of a grade of "C" or
195	higher, earned subsequently in the same or comparable course. In
196	all cases of grade forgiveness, only the new grade shall be used
197	in the calculation of the student's grade point average. Any
198	course grade not replaced according to a district school board
199	forgiveness policy shall be included in the calculation of the
200	cumulative grade point average required for graduation.
201	(5)  The State Board of Education, after a public hearing
202	and consideration, shall adopt rules based upon the
203	recommendations of the commissioner for the provision of test
204	accommodations and modifications of procedures as necessary for
205	students with disabilities which will demonstrate the student's
206	abilities rather than reflect the student's impaired sensory,
207	manual, speaking, or psychological process skills.
208	(6)  The public hearing and consideration required in
209	subsection (5) shall not be construed to amend or nullify the
210	requirements of security relating to the contents of
211	examinations or assessment instruments and related materials or
212	data as prescribed in s. 1008.23.
213	(5)(7)(a)  A student who meets all requirements prescribed
214	in subsections (1), (2), (3), and (4) shall be awarded a
215	standard diploma in a form prescribed by the State Board of
216	Education.
217	(b)  A student who completes the minimum number of credits
218	and other requirements prescribed by subsections (1), (2), and
219	(3), but who is unable to meet the standards of paragraph
220	(4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded
221	a certificate of completion in a form prescribed by the State
222	Board of Education. However, any student who is otherwise
223	entitled to a certificate of completion may elect to remain in
224	the secondary school either as a full-time student or a part-
225	time student for up to 1 additional year and receive special
226	instruction designed to remedy his or her identified
227	deficiencies.
228	(8)(a)  Each district school board must provide instruction
229	to prepare students with disabilities to demonstrate proficiency
230	in the core content knowledge and skills necessary for
231	successful grade-to-grade progression and high school
232	graduation.
233	(b)  A student with a disability, as defined in s.
234	1007.02(2), for whom the individual education plan (IEP)
235	committee determines that the FCAT cannot accurately measure the
236	student's abilities taking into consideration all allowable
237	accommodations, shall have the FCAT requirement of paragraph
238	(4)(b) waived for the purpose of receiving a standard high
239	school diploma, if the student:
240	1.  Completes the minimum number of credits and other
241	requirements prescribed by subsections (1), (2), and (3).
242	2.  Does not meet the requirements of paragraph (4)(b)
243	after one opportunity in 10th grade and one opportunity in 11th
244	grade.
245	(9)  The Commissioner of Education may award a standard
246	high school diploma to honorably discharged veterans who started
247	high school between 1937 and 1946 and were scheduled to graduate
248	between 1941 and 1950 but were inducted into the United States
249	Armed Forces between September 16, 1940, and December 31, 1946,
250	prior to completing the necessary high school graduation
251	requirements. Upon the recommendation of the commissioner, the
252	State Board of Education may develop criteria and guidelines for
253	awarding such diplomas.
254	(10)  The Commissioner of Education may award a standard
255	high school diploma to honorably discharged veterans who started
256	high school between 1946 and 1950 and were scheduled to graduate
257	between 1950 and 1954, but were inducted into the United States
258	Armed Forces between June 27, 1950, and January 31, 1955, and
259	served during the Korean Conflict prior to completing the
260	necessary high school graduation requirements. Upon the
261	recommendation of the commissioner, the State Board of Education
262	may develop criteria and guidelines for awarding such diplomas.
263	(6)(11)  The State Board of Education may adopt rules
264	pursuant to ss. 120.536(1) and 120.54 to implement the
265	provisions of this section and may enforce the provisions of
266	this section pursuant to s. 1008.32.
267	Section 3.  Section 1003.4282, Florida Statutes, is created
268	to read:
269	1003.4282  Accommodations for students with disabilities;
270	graduation requirements.--For purposes of high school
271	graduation:
272	(1)  The State Board of Education, after a public hearing
273	and consideration, shall adopt rules based upon the
274	recommendations of the Commissioner of Education for the
275	provision of test accommodations as necessary for students with
276	disabilities which will demonstrate the student's abilities
277	rather than reflect the student's impaired sensory, manual,
278	speaking, or psychological process skills.
279	(2)  The public hearing and consideration required in
280	subsection (1) shall not be construed to amend or nullify the
281	requirements of security relating to the contents of
282	examinations or assessment instruments and related materials or
283	data as prescribed in s. 1008.23.
284	(3)(a)  Each district school board must provide instruction
285	to prepare students with disabilities to demonstrate proficiency
286	in the core content knowledge and skills necessary for
287	successful grade-to-grade progression and high school
288	graduation.
289	(b)  A student with a disability, as defined in s.
290	1007.02(2), for whom the individual education plan committee
291	determines that an end-of-course assessment cannot accurately
292	measure the student's abilities taking into consideration all
293	allowable accommodations, shall have the end-of-course
294	assessment requirement of s. 1003.428(4)(b) or s. 1003.43(5)(a)
295	waived for the purpose of receiving a high school diploma, if
296	the student:
297	1.  Completes the minimum number of credits and other
298	requirements prescribed in s. 1003.428(1)-(3) or s. 1003.43(1)
299	and (4).
300	2.  Does not meet the end-of-course assessment requirements
301	of s. 1003.428(4)(b) or s. 1003.43(5)(a) after one opportunity
302	in grade 10 and one opportunity in grade 11.
303	Section 4.  Section 1003.4286, Florida Statutes, is created
304	to read:
305	1003.4286  Graduation Exit Option Program; alternative
306	diploma.--
307	(1)  There is created the Graduation Exit Option Program
308	under which a high school student shall be awarded an
309	alternative diploma. To be eligible to participate in the
310	program, a high school student must:
311	(a)  Be at least 16 years old.
312	(b)  Be enrolled in high school courses that meet high
313	school graduation requirements.
314	(c)  Be at risk of failing to graduate.
315	(d)  Meet criteria developed by the Department of Education
316	to ensure that the program is not used as a means for early
317	graduation and to target students who have the ability to pass
318	the end-of-course assessments required for high school
319	graduation and the general educational development (GED) test.
320	(2)  To receive an alternative diploma under the Graduation
321	Exit Option Program, a high school student must:
322	(a)  Meet minimum reading levels and earn minimum scores on
323	GED practice tests, as established by the department.
324	(b)  Earn passing scores on the language arts and
325	mathematics end-of-course assessments required for high school
326	graduation in accordiance with s. 1008.22(3)(c).
327	(c)  Pass each of the five sections of the GED test.
328	(d)  Earn at least 14 credits toward high school
329	graduation, at least 8 of which are earned in English, reading,
330	mathematics, science, or social studies.
331	(3)  An alternative diploma awarded under this section may
332	not be used for calculating graduation rates for any purpose.
333	(4)  The department shall design the alternative diploma to
334	distinguish the diploma from a standard diploma.
335	(5)  The State Board of Education shall adopt rules
336	pursuant to ss. 120.536(1) and 120.54 to implement this section.
337	Section 5.  Section 1003.4287, Florida Statutes, is created
338	to read:
339	1003.4287  Recognition of veterans; high school diploma.--
340	(1)  The Commissioner of Education may award a standard
341	high school diploma to honorably discharged veterans who started
342	high school between 1937 and 1946 and were scheduled to graduate
343	between 1941 and 1950 but were inducted into the United States
344	Armed Forces between September 16, 1940, and December 31, 1946,
345	prior to completing the necessary high school graduation
346	requirements. Upon the recommendation of the commissioner, the
347	State Board of Education may develop criteria and guidelines for
348	awarding such diplomas.
349	(2)  The Commissioner of Education may award a standard
350	high school diploma to honorably discharged veterans who started
351	high school between 1946 and 1950 and were scheduled to graduate
352	between 1949 and 1955 but were inducted into the United States
353	Armed Forces between June 1949 and January 1955 and served
354	during the Korean War prior to completing the necessary high
355	school graduation requirements. Upon the recommendation of the
356	commissioner, the State Board of Education may develop criteria
357	and guidelines for awarding such diplomas.
358	Section 6.  Paragraph (b) of subsection (1) and paragraph
359	(c) of subsection (8) of section 1003.429, Florida Statutes, are
360	amended to read:
361	1003.429  Accelerated high school graduation options.--
362	(1)  Students who enter grade 9 in the 2006-2007 school
363	year and thereafter may select, upon receipt of each consent
364	required by this section, one of the following three high school
365	graduation options:
366	(b)  Completion of a 3-year standard college preparatory
367	program requiring successful completion of a minimum of 18
368	academic credits in grades 9 through 12. At least 6 of the 18
369	credits required for completion of this program must be received
370	in classes that are offered pursuant to the International
371	Baccalaureate Program, the Advanced Placement Program, dual
372	enrollment, or the Advanced International Certificate of
373	Education Program, or specifically listed or identified by the
374	Department of Education as rigorous pursuant to s. 1009.531(3).
375	Students must be advised of the Advanced Placement,
376	International Baccalaureate, Advanced International Certificate
377	of Education, and dual enrollment courses available, as well as
378	the availability of course offerings through the Florida Virtual
379	School. The 18 credits required for completion of this program
380	shall be primary requirements and shall be distributed as
381	follows:
382	1.  Four credits in English, with major concentration in
383	composition and literature;
384	2.  Three credits in mathematics at the Algebra I level or
385	higher from the list of courses that qualify for state
386	university admission;
387	3.  Three credits in natural science, two of which must
388	have a laboratory component;
389	4.  Three credits in social sciences, which must include
390	one credit in American history, one credit in world history,
391	one-half credit in American government, and one-half credit in
392	economics;
393	5.  Two credits in the same second language unless the
394	student is a native speaker of or can otherwise demonstrate
395	competency in a language other than English. If the student
396	demonstrates competency in another language, the student may
397	replace the language requirement with two credits in other
398	academic courses; and
399	6.  Three credits in electives; or
400
401	Any student who selected an accelerated graduation program
402	before July 1, 2004, may continue that program, and all
403	statutory program requirements that were applicable when the
404	student made the program choice shall remain applicable to the
405	student as long as the student continues that program.
406	(8)  A student who selected one of the accelerated 3-year
407	graduation options shall automatically move to the 4-year
408	program set forth in s. 1003.43 if the student:
409	(c)  Does not achieve passing scores a score of 3 or higher
410	on the writing portions of the language arts end-of-course
411	assessments required for high school graduation in accordance
412	with s. 1008.22(3)(c) grade 10 FCAT Writing assessment; or
413	Section 7.  Paragraph (a) of subsection (5) and subsections
414	(8) through (13) of section 1003.43, Florida Statutes, are
415	amended to read:
416	1003.43  General requirements for high school graduation.--
417	(5)  Each district school board shall establish standards
418	for graduation from its schools, and these standards must
419	include:
420	(a)  Earning passing scores on the end-of-course
421	assessments required for high school graduation FCAT, as defined
422	in accordance with s. 1008.22(3)(c), or scores on a standardized
423	test that are concordant with passing scores on the FCAT as
424	defined in s. 1008.22(10).
425
426	The standards required in this subsection, and any subsequent
427	modifications, shall be reprinted in the Florida Administrative
428	Code even though not defined as "rules."
429	(8)  The State Board of Education, after a public hearing
430	and consideration, shall adopt rules based upon the
431	recommendations of the commissioner for the provision of test
432	accommodations and modifications of procedures as necessary for
433	students with disabilities which will demonstrate the student's
434	abilities rather than reflect the student's impaired sensory,
435	manual, speaking, or psychological process skills.
436	(9)  The public hearing and consideration required in
437	subsection (8) shall not be construed to amend or nullify the
438	requirements of security relating to the contents of
439	examinations or assessment instruments and related materials or
440	data as prescribed in s. 1008.23.
441	(8)(10)(a)  A student who meets all requirements prescribed
442	in subsections (1), (4), and (5) shall be awarded a standard
443	diploma in a form prescribed by the State Board of Education. A
444	district school board may attach the Florida gold seal career
445	endorsement to a standard diploma or, instead of the standard
446	diploma, award differentiated diplomas to those exceeding the
447	prescribed minimums.
448	(b)  A student who completes the minimum number of credits
449	and other requirements prescribed by subsections (1) and (4),
450	but who is unable to meet the standards of paragraph (5)(a),
451	paragraph (5)(b), or paragraph (5)(c), shall be awarded a
452	certificate of completion in a form prescribed by the State
453	Board of Education. However, any student who is otherwise
454	entitled to a certificate of completion may elect to remain in
455	the secondary school either as a full-time student or a part-
456	time student for up to 1 additional year and receive special
457	instruction designed to remedy his or her identified
458	deficiencies.
459	(11)(a)  Each district school board must provide
460	instruction to prepare students with disabilities to demonstrate
461	proficiency in the core content knowledge and skills necessary
462	for successful grade-to-grade progression and high school
463	graduation.
464	(b)  A student with a disability, as defined in s.
465	1007.02(2), for whom the individual educational plan (IEP)
466	committee determines that the FCAT cannot accurately measure the
467	student's abilities taking into consideration all allowable
468	accommodations, shall have the FCAT requirement of paragraph
469	(5)(a) waived for the purpose of receiving a standard high
470	school diploma, if the student:
471	1.  Completes the minimum number of credits and other
472	requirements prescribed by subsections (1) and (4).
473	2.  Does not meet the requirements of paragraph (5)(a)
474	after one opportunity in 10th grade and one opportunity in 11th
475	grade.
476	(12)  The Commissioner of Education may award a standard
477	high school diploma to honorably discharged veterans who started
478	high school between 1937 and 1946 and were scheduled to graduate
479	between 1941 and 1950 but were inducted into the United States
480	Armed Forces between September 16, 1940, and December 31, 1946,
481	prior to completing the necessary high school graduation
482	requirements. Upon the recommendation of the commissioner, the
483	State Board of Education may develop criteria and guidelines for
484	awarding such diplomas.
485	(13)  The Commissioner of Education may award a standard
486	high school diploma to honorably discharged veterans who started
487	high school between 1946 and 1950 and were scheduled to graduate
488	between 1949 and 1955, but were inducted into the United States
489	Armed Forces between June 1949 and January 1955, and served
490	during the Korean War prior to completing the necessary high
491	school graduation requirements. Upon the recommendation of the
492	commissioner, the State Board of Education may develop criteria
493	and guidelines for awarding such diplomas.
494	Section 8.  Section 1003.433, Florida Statutes, is amended
495	to read:
496	1003.433  Learning opportunities for out-of-state and out-
497	of-country transfer students and students needing additional
498	instruction to meet high school graduation requirements.--
499	(1)  Students who enter a Florida public school at the
500	eleventh or twelfth grade from out of state or from a foreign
501	country shall not be required to spend additional time in a
502	Florida public school in order to meet the high school course
503	requirements if the student has met all requirements of the
504	school district, state, or country from which he or she is
505	transferring. Such students who are not proficient in English
506	should receive immediate and intensive instruction in English
507	language acquisition. However, to receive a standard high school
508	diploma, a transfer student must earn a 2.0 grade point average
509	and pass the end-of-course assessments required for high school
510	graduation in accordance with s. 1008.22(3)(c) grade 10 FCAT
511	required in s. 1008.22(3) or an alternate assessment as
512	described in s. 1008.22(10).
513	(2)  Students who have met all requirements for the
514	standard high school diploma except for passage of the end-of-
515	course assessments required for high school graduation grade 10
516	FCAT or an alternate assessment by the end of grade 12 must be
517	provided the following learning opportunities:
518	(a)  Participation in an accelerated high school
519	equivalency diploma preparation program during the summer.
520	(b)  Upon receipt of a certificate of completion, be
521	allowed to take the College Placement Test and be admitted to
522	remedial or credit courses at a state community college, as
523	appropriate.
524	(c)  Participation in an adult general education program as
525	provided in s. 1004.93 for such time as the student requires to
526	master English, reading, mathematics, or any other subject
527	required for high school graduation. Students attending adult
528	basic, adult secondary, or vocational-preparatory instruction
529	are exempt from any requirement for the payment of tuition and
530	fees, including lab fees, pursuant to s. 1009.25. A student
531	attending an adult general education program shall have the
532	opportunity to take the end-of-course assessments required for
533	high school graduation grade 10 FCAT an unlimited number of
534	times in order to receive a standard high school diploma.
535	(3)  Students who have been enrolled in an ESOL program for
536	less than 2 school years and have met all requirements for the
537	standard high school diploma except for passage of the end-of-
538	course assessments required for high school graduation grade 10
539	FCAT or alternate assessment may receive immersion English
540	language instruction during the summer following their senior
541	year. Students receiving such instruction are eligible to take
542	the FCAT or alternate assessment and receive a standard high
543	school diploma upon passage of the grade 10 FCAT or the
544	alternate assessment. This subsection shall be implemented to
545	the extent funding is provided in the General Appropriations
546	Act.
547	(4)  The district school superintendent shall be
548	responsible for notifying all students of the consequences of
549	failure to receive a standard high school diploma, including the
550	potential ineligibility for financial assistance at
551	postsecondary educational institutions.
552	(5)  The State Board of Education may adopt rules pursuant
553	to ss. 120.536(1) and 120.54 to administer this section.
554	Section 9.  Subsection (4) of section 1007.263, Florida
555	Statutes, is amended to read:
556	1007.263  Community colleges; admissions of students.--Each
557	community college board of trustees is authorized to adopt rules
558	governing admissions of students subject to this section and
559	rules of the State Board of Education. These rules shall include
560	the following:
561	(4)  A student who has been awarded a special diploma as
562	defined in s. 1003.438 or a certificate of completion as defined
563	in s. 1003.43(8)(10) is eligible to enroll in certificate career
564	education programs.
565
566	Each board of trustees shall establish policies that notify
567	students about, and place students into, adult basic education,
568	adult secondary education, or other instructional programs that
569	provide students with alternatives to traditional college-
570	preparatory instruction, including private provider instruction.
571	A student is prohibited from enrolling in additional college-
572	level courses until the student scores above the cut-score on
573	all sections of the common placement test.
574	Section 10.  Subsections (11) and (12) of section 1008.22,
575	Florida Statutes, are renumbered as subsections (10) and (11),
576	respectively, and paragraph (c) of subsection (3) and present
577	subsection (10) of that section are amended to read:
578	1008.22  Student assessment program for public schools.--
579	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
580	design and implement a statewide program of educational
581	assessment that provides information for the improvement of the
582	operation and management of the public schools, including
583	schools operating for the purpose of providing educational
584	services to youth in Department of Juvenile Justice programs.
585	The commissioner may enter into contracts for the continued
586	administration of the assessment, testing, and evaluation
587	programs authorized and funded by the Legislature. Contracts may
588	be initiated in 1 fiscal year and continue into the next and may
589	be paid from the appropriations of either or both fiscal years.
590	The commissioner is authorized to negotiate for the sale or
591	lease of tests, scoring protocols, test scoring services, and
592	related materials developed pursuant to law. Pursuant to the
593	statewide assessment program, the commissioner shall:
594	(c)  Develop and implement a student achievement testing
595	program known as the Florida Comprehensive Assessment Test
596	(FCAT) as part of the statewide assessment program to measure a
597	student's content knowledge and skills in reading, writing,
598	science, and mathematics. Other content areas may be included as
599	directed by the commissioner. Comprehensive assessments of
600	reading and mathematics shall be administered annually in grades
601	3 through 10. Comprehensive assessments of writing and science
602	shall be administered at least once at the elementary, middle,
603	and high school levels. End-of-course assessments for a subject
604	may be administered in addition to the comprehensive assessments
605	required for that subject under this paragraph. An end-of-course
606	assessment must be rigorous, statewide, standardized, and
607	developed or approved by the department. The content knowledge
608	and skills assessed by comprehensive and end-of-course
609	assessments must be aligned to the core curricular content
610	established in the Sunshine State Standards. The commissioner
611	may select one or more nationally developed comprehensive
612	examinations, which may include, but need not be limited to,
613	examinations for a College Board Advanced Placement course,
614	International Baccalaureate course, or Advanced International
615	Certificate of Education course or industry-approved
616	examinations to earn national industry certifications as defined
617	in s. 1003.492, for use as end-of-course assessments under this
618	paragraph, if the commissioner determines that the content
619	knowledge and skills assessed by the examinations meet or exceed
620	the grade level expectations for the core curricular content
621	established for the course in the Next Generation Sunshine State
622	Standards. The commissioner may collaborate with the American
623	Diploma Project in the adoption or development of rigorous end-
624	of-course assessments that are aligned to the Next Generation
625	Sunshine State Standards. The testing program must be designed
626	as follows:
627	1.  The tests shall measure student skills and competencies
628	adopted by the State Board of Education as specified in
629	paragraph (a). The tests must measure and report student
630	proficiency levels of all students assessed in reading, writing,
631	mathematics, and science. The commissioner shall provide for the
632	tests to be developed or obtained, as appropriate, through
633	contracts and project agreements with private vendors, public
634	vendors, public agencies, postsecondary educational
635	institutions, or school districts. The commissioner shall obtain
636	input with respect to the design and implementation of the
637	testing program from state educators, assistive technology
638	experts, and the public.
639	2.  The testing program shall be composed of criterion-
640	referenced tests that shall, to the extent determined by the
641	commissioner, include test items that require the student to
642	produce information or perform tasks in such a way that the core
643	content knowledge and skills he or she uses can be measured.
644	3.  Beginning with the 2008-2009 school year, the
645	commissioner shall discontinue administration of the selected-
646	response test items on the comprehensive assessments of writing.
647	Beginning with the 2012-2013 school year, the comprehensive
648	assessments of writing shall be composed of a combination of
649	selected-response test items, short-response performance tasks,
650	and extended-response performance tasks, which shall measure a
651	student's content knowledge of writing, including, but not
652	limited to, paragraph and sentence structure, sentence
653	construction, grammar and usage, punctuation, capitalization,
654	spelling, parts of speech, verb tense, irregular verbs, subject-
655	verb agreement, and noun-pronoun agreement.
656	4.  A score shall be designated for each subject area
657	tested, below which score a student's performance is deemed
658	inadequate. The school districts shall provide appropriate
659	remedial instruction to students who score below these levels.
660	5.  Except as provided in s. 1003.4282 1003.428(8)(b) or s.
661	1003.43(11)(b), students must earn a passing score on end-of-
662	course assessments being developed and phased in by the
663	department the grade 10 assessment test described in this
664	paragraph or attain concordant scores as described in subsection
665	(10) in language arts reading, writing, and mathematics to
666	qualify for a standard high school diploma. The State Board of
667	Education shall designate a passing score for each end-of-course
668	part of the grade 10 assessment, including passing scores for
669	the reading and writing portions of the language arts
670	assessments test. In establishing passing scores, the state
671	board shall consider any possible negative impact of the test on
672	minority students. The State Board of Education shall adopt
673	rules which specify the passing scores for the grade 10 FCAT.
674	Any such rules, which have the effect of raising the required
675	passing scores, shall apply only to students taking the grade 10
676	FCAT for the first time after such rules are adopted by the
677	State Board of Education.
678	6.  Participation in the testing program is mandatory for
679	all students attending public school, including students served
680	in Department of Juvenile Justice programs, except as otherwise
681	prescribed by the commissioner. If a student does not
682	participate in the statewide assessment, the district must
683	notify the student's parent and provide the parent with
684	information regarding the implications of such nonparticipation.
685	A parent must provide signed consent for a student to receive
686	classroom instructional accommodations that would not be
687	available or permitted on the statewide assessments and must
688	acknowledge in writing that he or she understands the
689	implications of such instructional accommodations. The State
690	Board of Education shall adopt rules, based upon recommendations
691	of the commissioner, for the provision of test accommodations
692	for students in exceptional education programs and for students
693	who have limited English proficiency. Accommodations that negate
694	the validity of a statewide assessment are not allowable in the
695	administration of the FCAT. However, instructional
696	accommodations are allowable in the classroom if included in a
697	student's individual education plan. Students using
698	instructional accommodations in the classroom that are not
699	allowable as accommodations on the FCAT may have the FCAT
700	requirement waived pursuant to the requirements of s. 1003.4282
701	1003.428(8)(b) or s. 1003.43(11)(b).
702	7.  A student seeking an adult high school diploma must
703	meet the same testing requirements that a regular high school
704	student must meet.
705	8.  District school boards must provide instruction to
706	prepare students to demonstrate proficiency in the core
707	curricular content established in the Next Generation Sunshine
708	State Standards adopted under s. 1003.41, including the core
709	content knowledge and skills necessary for successful grade-to-
710	grade progression and high school graduation. If a student is
711	provided with instructional accommodations in the classroom that
712	are not allowable as accommodations in the statewide assessment
713	program, as described in the test manuals, the district must
714	inform the parent in writing and must provide the parent with
715	information regarding the impact on the student's ability to
716	meet expected proficiency levels in reading, writing, and
717	mathematics. The commissioner shall conduct studies as necessary
718	to verify that the required core curricular content is part of
719	the district instructional programs.
720	9.  District school boards must provide opportunities for
721	students to demonstrate an acceptable level of performance on an
722	alternative standardized assessment approved by the State Board
723	of Education following enrollment in summer academies.
724	10.  The Department of Education must develop, or select,
725	and implement a common battery of assessment tools that will be
726	used in all juvenile justice programs in the state. These tools
727	must accurately measure the core curricular content established
728	in the Sunshine State Standards.
729	11.  For students seeking a special diploma pursuant to s.
730	1003.438, the Department of Education must develop or select and
731	implement an alternate assessment tool that accurately measures
732	the core curricular content established in the Sunshine State
733	Standards for students with disabilities under s. 1003.438.
734	12.  The Commissioner of Education shall establish
735	schedules for the administration of statewide assessments and
736	the reporting of student test results. The commissioner shall,
737	by August 1 of each year, notify each school district in writing
738	and publish on the department's Internet website the testing and
739	reporting schedules for, at a minimum, the school year following
740	the upcoming school year. The testing and reporting schedules
741	shall require that:
742	a.  There is the latest possible administration of
743	statewide assessments and the earliest possible reporting to the
744	school districts of student test results which is feasible
745	within available technology and specific appropriations;
746	however, test results must be made available no later than the
747	final day of the regular school year for students.
748	b.  Beginning with the 2010-2011 school year, a
749	comprehensive statewide assessment of writing is not
750	administered earlier than the week of March 1 and a
751	comprehensive statewide assessment of any other subject is not
752	administered earlier than the week of April 15.
753	c.  A statewide standardized end-of-course assessment is
754	administered within the last 2 weeks of the course.
755
756	The commissioner may, based on collaboration and input from
757	school districts, design and implement student testing programs,
758	for any grade level and subject area, necessary to effectively
759	monitor educational achievement in the state, including the
760	measurement of educational achievement of the Sunshine State
761	Standards for students with disabilities. Development and
762	refinement of assessments shall include universal design
763	principles and accessibility standards that will prevent any
764	unintended obstacles for students with disabilities while
765	ensuring the validity and reliability of the test. These
766	principles should be applicable to all technology platforms and
767	assistive devices available for the assessments. The field
768	testing process and psychometric analyses for the statewide
769	assessment program must include an appropriate percentage of
770	students with disabilities and an evaluation or determination of
771	the effect of test items on such students.
772	(10)  CONCORDANT SCORES FOR THE FCAT.--
773	(a)  The State Board of Education shall analyze the content
774	and concordant data sets for widely used high school achievement
775	tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
776	and College Placement Test, to assess if concordant scores for
777	FCAT scores can be determined for high school graduation,
778	college placement, and scholarship awards. In cases where
779	content alignment and concordant scores can be determined, the
780	Commissioner of Education shall adopt those scores as meeting
781	the graduation requirement in lieu of achieving the FCAT passing
782	score and may adopt those scores as being sufficient to achieve
783	additional purposes as determined by rule. Each time that test
784	content or scoring procedures change for the FCAT or for a high
785	school achievement test for which a concordant score is
786	determined, new concordant scores must be determined.
787	(b)  In order to use a concordant subject area score
788	pursuant to this subsection to satisfy the assessment
789	requirement for a standard high school diploma as provided in s.
790	1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
791	take each subject area of the grade 10 FCAT a total of three
792	times without earning a passing score. The requirements of this
793	paragraph shall not apply to a new student who enters the
794	Florida public school system in grade 12, who may either achieve
795	a passing score on the FCAT or use an approved subject area
796	concordant score to fulfill the graduation requirement.
797	(c)  The State Board of Education may define by rule the
798	allowable uses, other than to satisfy the high school graduation
799	requirement, for concordant scores as described in this
800	subsection. Such uses may include, but need not be limited to,
801	achieving appropriate standardized test scores required for the
802	awarding of Florida Bright Futures Scholarships and college
803	placement.
804	Section 11.  Subsection (3) of section 1008.30, Florida
805	Statutes, is amended to read:
806	1008.30  Common placement testing for public postsecondary
807	education.--
808	(3)  The State Board of Education shall adopt rules that
809	require high schools to evaluate before the beginning of grade
810	12 the college readiness of each student who indicates an
811	interest in postsecondary education and achieves passing scores
812	on the language arts and at Level 2 or Level 3 on the reading
813	portion of the grade 10 FCAT or Level 2, Level 3, or Level 4 on
814	the mathematics end-of-course assessments required for high
815	school graduation portion of the grade 10 FCAT. High schools
816	shall perform this evaluation using results from the
817	corresponding component of the common placement test prescribed
818	in this section, or an equivalent test identified by the State
819	Board of Education. The Department of Education shall purchase
820	or develop the assessments necessary to perform the evaluations
821	required by this subsection and shall work with the school
822	districts to administer the assessments. The State Board of
823	Education shall establish by rule the minimum test scores a
824	student must achieve to demonstrate readiness. Students who
825	demonstrate readiness by achieving the minimum test scores
826	established by the state board and enroll in a community college
827	within 2 years of achieving such scores shall not be required to
828	enroll in remediation courses as a condition of acceptance to
829	any community college. The high school shall use the results of
830	the test to advise the students of any identified deficiencies
831	and to the maximum extent practicable provide 12th grade
832	students access to appropriate remedial instruction prior to
833	high school graduation. The remedial instruction provided under
834	this subsection shall be a collaborative effort between
835	secondary and postsecondary educational institutions. To the
836	extent courses are available, the Florida Virtual School may be
837	used to provide the remedial instruction required by this
838	subsection.
839	Section 12.  Paragraph (b) of subsection (1) of section
840	1009.531, Florida Statutes, is amended to read:
841	1009.531  Florida Bright Futures Scholarship Program;
842	student eligibility requirements for initial awards.--
843	(1)  Effective January 1, 2008, in order to be eligible for
844	an initial award from any of the three types of scholarships
845	under the Florida Bright Futures Scholarship Program, a student
846	must:
847	(b)  Earn a standard Florida high school diploma or its
848	equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
849	or s. 1003.435 unless:
850	1.  The student completes a home education program
851	according to s. 1002.41; or
852	2.  The student earns a high school diploma from a non-
853	Florida school while living with a parent or guardian who is on
854	military or public service assignment away from Florida.
855	Section 13.  This act shall take effect July 1, 2009.
856
857	-----------------------------------------------------
858	T I T L E  A M E N D M E N T
859	Remove the entire title and insert:
860	A bill to be entitled
861	An act relating to high school graduation; amending s.
862	1003.03, F.S.; conforming provisions to the replacement by
863	the act of the grade 10 Florida Comprehensive Assessment
864	Test with end-of-course assessments for purposes of high
865	school graduation requirements; amending s. 1003.428,
866	F.S.; requiring that students be advised of the
867	availability of certain courses for purposes of high
868	school graduation; providing credit requirements for high
869	school graduation with a standard diploma beginning with
870	students entering grade 9 in the 2010-2011 school year and
871	students entering grade 9 in the 2012-2013 school year;
872	revising remedial course requirements to conform to the
873	replacement by the act of the grade 10 FCAT with end-of-
874	course assessments; deleting provisions relating to
875	general requirements for high school graduation to conform
876	to changes made by the act; creating s. 1003.4282, F.S.;
877	providing for accommodations for students with
878	disabilities for purposes of high school graduation;
879	creating s. 1003.4286, F.S.; creating the Graduation Exit
880	Option Program under which a high school student shall be
881	awarded an alternative diploma; providing requirements for
882	participation in the program and receipt of a diploma;
883	providing Department of Education duties and requiring
884	State Board of Education rules; creating s. 1003.4287,
885	F.S.; authorizing the award of a standard high school
886	diploma to certain honorably discharged veterans; amending
887	s. 1003.429, F.S.; requiring that students be advised of
888	the availability of certain courses for purposes of an
889	accelerated high school graduation option; revising high
890	school graduation requirements to conform to the
891	replacement by the act of the grade 10 FCAT with end-of-
892	course assessments; amending s. 1003.43, F.S.; revising
893	high school graduation requirements to conform to the
894	replacement by the act of the grade 10 FCAT with end-of-
895	course assessments; deleting provisions relating to
896	general requirements for high school graduation to conform
897	to changes made by the act; amending s. 1003.433, F.S.;
898	revising high school graduation requirements for transfer
899	students to conform to the replacement by the act of the
900	grade 10 FCAT with end-of-course assessments; amending s.
901	1007.263, F.S.; conforming a cross-reference; amending s.
902	1008.22, F.S.; requiring students to pass certain end-of-
903	course assessments to qualify for a high school diploma;
904	requiring the State Board of Education to designate
905	passing scores; deleting provisions requiring passing
906	scores on the grade 10 FCAT for purposes of a high school
907	diploma; conforming cross-references; deleting provisions
908	for the establishment of concordant scores used for
909	purposes of high school graduation as alternative to FCAT
910	scores; amending s. 1008.30, F.S.; revising requirements
911	for high schools to evaluate the college readiness of
912	students; conforming provisions; amending s. 1009.531,
913	F.S.; conforming provisions; providing an effective date.

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