CS/HB 1293

1	A bill to be entitled
2	An act relating to high school graduation; amending s.
3	1003.428, F.S.; requiring that students be advised of the
4	availability of certain courses for purposes of high
5	school graduation; providing credit requirements for high
6	school graduation with a standard diploma beginning with
7	students entering grade 9 in the 2010-2011 school year and
8	students entering grade 9 in the 2012-2013 school year;
9	deleting provisions relating to general requirements for
10	high school graduation to conform to changes made by the
11	act; creating s. 1003.4282, F.S.; providing for
12	accommodations for students with disabilities for purposes
13	of high school graduation; creating s. 1003.4286, F.S.;
14	creating the Graduation Exit Option Program under which a
15	high school student shall be awarded an alternative
16	diploma; providing requirements for participation in the
17	program and receipt of a diploma; providing Department of
18	Education duties and requiring State Board of Education
19	rules; creating s. 1003.4287, F.S.; authorizing the award
20	of a standard high school diploma to certain honorably
21	discharged veterans; amending s. 1003.429, F.S.; requiring
22	that students be advised of the availability of certain
23	courses for purposes of an accelerated high school
24	graduation option; amending s. 1003.43, F.S.; deleting
25	provisions relating to general requirements for high
26	school graduation to conform to changes made by the act;
27	amending s. 1007.263, F.S.; conforming a cross-reference;
28	amending s. 1008.22, F.S.; requiring passing scores on the
29	grade 10 FCAT to meet grade-level proficiency; conforming
30	cross-references; amending s. 1009.531, F.S.; conforming
31	provisions; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Subsection (1), paragraph (a) of subsection
36	(2), and subsections (5) through (11) of section 1003.428,
37	Florida Statutes, are amended to read:
38	1003.428  General requirements for high school graduation;
39	revised.--
40	(1)  Except as otherwise authorized pursuant to s.
41	1003.429, beginning with students entering their first year of
42	high school in the 2007-2008 school year, graduation requires
43	the successful completion of a minimum of 24 credits, an
44	International Baccalaureate curriculum, or an Advanced
45	International Certificate of Education curriculum. Students must
46	be advised of the Advanced Placement, International
47	Baccalaureate, Advanced International Certificate of Education,
48	and dual enrollment courses available, as well as the
49	availability of course offerings through the Florida Virtual
50	School. Students must also be advised of eligibility
51	requirements for state scholarship programs and postsecondary
52	admissions.
53	(2)  The 24 credits may be earned through applied,
54	integrated, and combined courses approved by the Department of
55	Education and shall be distributed as follows:
56	(a)  Sixteen core curriculum credits:
57	1.  Four credits in English, with major concentration in
58	composition, reading for information, and literature.
59	2.  Four credits in mathematics, one of which must be
60	Algebra I, a series of courses equivalent to Algebra I, or a
61	higher-level mathematics course. Beginning with students
62	entering grade 9 in the 2010-2011 school year, one of the four
63	credits must be Algebra I or a series of courses equivalent to
64	Algebra I as approved by the State Board of Education, and one
65	credit must be geometry or a series of courses equivalent to
66	geometry as approved by the State Board of Education. Beginning
67	with students entering grade 9 in the 2012-2013 school year, one
68	of the four credits must be Algebra I or a series of courses
69	equivalent to Algebra I as approved by the State Board of
70	Education, one credit must be geometry or a series of courses
71	equivalent to geometry as approved by the State Board of
72	Education, and one credit must be Algebra II or a series of
73	courses equivalent to Algebra II as approved by the State Board
74	of Education. School districts are encouraged to set specific
75	goals to increase enrollments in, and successful completion of,
76	geometry and Algebra II.
77	3.  Three credits in science, two of which must have a
78	laboratory component. Beginning with students entering grade 9
79	in the 2010-2011 school year, one of the three credits must be
80	Biology I or a series of courses equivalent to Biology I as
81	approved by the State Board of Education, one credit must be a
82	physical science or a series of courses equivalent to a physical
83	science as approved by the State Board of Education, and one
84	credit must be a higher-level science course. At least two of
85	the science courses must have a laboratory component. Beginning
86	with students entering grade 9 in the 2012-2013 school year, one
87	of the three credits must be Biology I or a series of courses
88	equivalent to Biology I as approved by the State Board of
89	Education, one credit must be chemistry or a series of courses
90	equivalent to chemistry as approved by the State Board of
91	Education, and one credit must be a higher-level science course.
92	At least two of the science courses must have a laboratory
93	component.
94	4.  Three credits in social studies as follows: one credit
95	in American history; one credit in world history; one-half
96	credit in economics; and one-half credit in American government.
97	5.  One credit in fine or performing arts, speech and
98	debate, or a practical arts course that incorporates artistic
99	content and techniques of creativity, interpretation, and
100	imagination. Eligible practical arts courses shall be identified
101	through the Course Code Directory.
102	6.  One credit in physical education to include integration
103	of health. Participation in an interscholastic sport at the
104	junior varsity or varsity level for two full seasons shall
105	satisfy the one-credit requirement in physical education if the
106	student passes a competency test on personal fitness with a
107	score of "C" or better. The competency test on personal fitness
108	must be developed by the Department of Education. A district
109	school board may not require that the one credit in physical
110	education be taken during the 9th grade year. Completion of one
111	semester with a grade of "C" or better in a marching band class,
112	in a physical activity class that requires participation in
113	marching band activities as an extracurricular activity, or in a
114	dance class shall satisfy one-half credit in physical education
115	or one-half credit in performing arts. This credit may not be
116	used to satisfy the personal fitness requirement or the
117	requirement for adaptive physical education under an individual
118	education plan (IEP) or 504 plan. Completion of 2 years in a
119	Reserve Officer Training Corps (R.O.T.C.) class, a significant
120	component of which is drills, shall satisfy the one-credit
121	requirement in physical education and the one-credit requirement
122	in performing arts. This credit may not be used to satisfy the
123	personal fitness requirement or the requirement for adaptive
124	physical education under an individual education plan (IEP) or
125	504 plan.
126	(5)  The State Board of Education, after a public hearing
127	and consideration, shall adopt rules based upon the
128	recommendations of the commissioner for the provision of test
129	accommodations and modifications of procedures as necessary for
130	students with disabilities which will demonstrate the student's
131	abilities rather than reflect the student's impaired sensory,
132	manual, speaking, or psychological process skills.
133	(6)  The public hearing and consideration required in
134	subsection (5) shall not be construed to amend or nullify the
135	requirements of security relating to the contents of
136	examinations or assessment instruments and related materials or
137	data as prescribed in s. 1008.23.
138	(5)(7)(a)  A student who meets all requirements prescribed
139	in subsections (1), (2), (3), and (4) shall be awarded a
140	standard diploma in a form prescribed by the State Board of
141	Education.
142	(b)  A student who completes the minimum number of credits
143	and other requirements prescribed by subsections (1), (2), and
144	(3), but who is unable to meet the standards of paragraph
145	(4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded
146	a certificate of completion in a form prescribed by the State
147	Board of Education. However, any student who is otherwise
148	entitled to a certificate of completion may elect to remain in
149	the secondary school either as a full-time student or a part-
150	time student for up to 1 additional year and receive special
151	instruction designed to remedy his or her identified
152	deficiencies.
153	(8)(a)  Each district school board must provide instruction
154	to prepare students with disabilities to demonstrate proficiency
155	in the core content knowledge and skills necessary for
156	successful grade-to-grade progression and high school
157	graduation.
158	(b)  A student with a disability, as defined in s.
159	1007.02(2), for whom the individual education plan (IEP)
160	committee determines that the FCAT cannot accurately measure the
161	student's abilities taking into consideration all allowable
162	accommodations, shall have the FCAT requirement of paragraph
163	(4)(b) waived for the purpose of receiving a standard high
164	school diploma, if the student:
165	1.  Completes the minimum number of credits and other
166	requirements prescribed by subsections (1), (2), and (3).
167	2.  Does not meet the requirements of paragraph (4)(b)
168	after one opportunity in 10th grade and one opportunity in 11th
169	grade.
170	(9)  The Commissioner of Education may award a standard
171	high school diploma to honorably discharged veterans who started
172	high school between 1937 and 1946 and were scheduled to graduate
173	between 1941 and 1950 but were inducted into the United States
174	Armed Forces between September 16, 1940, and December 31, 1946,
175	prior to completing the necessary high school graduation
176	requirements. Upon the recommendation of the commissioner, the
177	State Board of Education may develop criteria and guidelines for
178	awarding such diplomas.
179	(10)  The Commissioner of Education may award a standard
180	high school diploma to honorably discharged veterans who started
181	high school between 1946 and 1950 and were scheduled to graduate
182	between 1950 and 1954, but were inducted into the United States
183	Armed Forces between June 27, 1950, and January 31, 1955, and
184	served during the Korean Conflict prior to completing the
185	necessary high school graduation requirements. Upon the
186	recommendation of the commissioner, the State Board of Education
187	may develop criteria and guidelines for awarding such diplomas.
188	(6)(11)  The State Board of Education may adopt rules
189	pursuant to ss. 120.536(1) and 120.54 to implement the
190	provisions of this section and may enforce the provisions of
191	this section pursuant to s. 1008.32.
192	Section 2.  Section 1003.4282, Florida Statutes, is created
193	to read:
194	1003.4282  Accommodations for students with disabilities;
195	graduation requirements.--For purposes of high school
196	graduation:
197	(1)  The State Board of Education, after a public hearing
198	and consideration, shall adopt rules based upon the
199	recommendations of the Commissioner of Education for the
200	provision of test accommodations as necessary for students with
201	disabilities which will demonstrate the student's abilities
202	rather than reflect the student's impaired sensory, manual,
203	speaking, or psychological process skills.
204	(2)  The public hearing and consideration required in
205	subsection (1) shall not be construed to amend or nullify the
206	requirements of security relating to the contents of
207	examinations or assessment instruments and related materials or
208	data as prescribed in s. 1008.23.
209	(3)(a)  Each district school board must provide instruction
210	to prepare students with disabilities to demonstrate proficiency
211	in the core content knowledge and skills necessary for
212	successful grade-to-grade progression and high school
213	graduation.
214	(b)  A student with a disability, as defined in s.
215	1007.02(2), for whom the individual education plan committee
216	determines that the FCAT cannot accurately measure the student's
217	abilities taking into consideration all allowable
218	accommodations, shall have the FCAT requirement of s.
219	1003.428(4)(b) or s. 1003.43(5)(a) waived for the purpose of
220	receiving a high school diploma, if the student:
221	1.  Completes the minimum number of credits and other
222	requirements prescribed in s. 1003.428(1)-(3) or s. 1003.43(1)
223	and (4).
224	2.  Does not meet the FCAT requirements of s.
225	1003.428(4)(b) or s. 1003.43(5)(a) after one opportunity in
226	grade 10 and one opportunity in grade 11.
227	Section 3.  Section 1003.4286, Florida Statutes, is created
228	to read:
229	1003.4286  Graduation Exit Option Program; alternative
230	diploma.--
231	(1)  There is created the Graduation Exit Option Program
232	under which a high school student shall be awarded an
233	alternative diploma. To be eligible to participate in the
234	program, a high school student must:
235	(a)  Be at least 16 years old.
236	(b)  Be enrolled in high school courses that meet high
237	school graduation requirements.
238	(c)  Be at risk of failing to graduate.
239	(d)  Meet criteria developed by the Department of Education
240	to ensure that the program is not used as a means for early
241	graduation and to target students who have the ability to pass
242	the grade 10 FCAT and the general educational development (GED)
243	test.
244	(2)  To receive an alternative diploma under the Graduation
245	Exit Option Program, a high school student must:
246	(a)  Meet minimum reading levels and earn minimum scores on
247	GED practice tests, as established by the department.
248	(b)  Earn passing scores on the reading and mathematics
249	portions of the FCAT, as defined in s. 1008.22(3), or scores on
250	a standardized test that are concordant with passing scores on
251	the FCAT, as defined in s. 1008.22(10).
252	(c)  Pass each of the five sections of the GED test.
253	(d)  Earn at least 14 credits toward high school
254	graduation, at least 8 of which are earned in English, reading,
255	mathematics, science, or social studies.
256	(3)  An alternative diploma awarded under this section may
257	not be used for calculating graduation rates for any purpose.
258	(4)  The department shall design the alternative diploma to
259	distinguish the diploma from a standard diploma.
260	(5)  The State Board of Education shall adopt rules
261	pursuant to ss. 120.536(1) and 120.54 to implement this section.
262	Section 4.  Section 1003.4287, Florida Statutes, is created
263	to read:
264	1003.4287  Recognition of veterans; high school diploma.--
265	(1)  The Commissioner of Education may award a standard
266	high school diploma to honorably discharged veterans who started
267	high school between 1937 and 1946 and were scheduled to graduate
268	between 1941 and 1950 but were inducted into the United States
269	Armed Forces between September 16, 1940, and December 31, 1946,
270	prior to completing the necessary high school graduation
271	requirements. Upon the recommendation of the commissioner, the
272	State Board of Education may develop criteria and guidelines for
273	awarding such diplomas.
274	(2)  The Commissioner of Education may award a standard
275	high school diploma to honorably discharged veterans who started
276	high school between 1946 and 1950 and were scheduled to graduate
277	between 1949 and 1955 but were inducted into the United States
278	Armed Forces between June 1949 and January 1955 and served
279	during the Korean War prior to completing the necessary high
280	school graduation requirements. Upon the recommendation of the
281	commissioner, the State Board of Education may develop criteria
282	and guidelines for awarding such diplomas.
283	Section 5.  Paragraph (b) of subsection (1) of section
284	1003.429, Florida Statutes, is amended to read:
285	1003.429  Accelerated high school graduation options.--
286	(1)  Students who enter grade 9 in the 2006-2007 school
287	year and thereafter may select, upon receipt of each consent
288	required by this section, one of the following three high school
289	graduation options:
290	(b)  Completion of a 3-year standard college preparatory
291	program requiring successful completion of a minimum of 18
292	academic credits in grades 9 through 12. At least 6 of the 18
293	credits required for completion of this program must be received
294	in classes that are offered pursuant to the International
295	Baccalaureate Program, the Advanced Placement Program, dual
296	enrollment, or the Advanced International Certificate of
297	Education Program, or specifically listed or identified by the
298	Department of Education as rigorous pursuant to s. 1009.531(3).
299	Students must be advised of the Advanced Placement,
300	International Baccalaureate, Advanced International Certificate
301	of Education, and dual enrollment courses available, as well as
302	the availability of course offerings through the Florida Virtual
303	School. The 18 credits required for completion of this program
304	shall be primary requirements and shall be distributed as
305	follows:
306	1.  Four credits in English, with major concentration in
307	composition and literature;
308	2.  Three credits in mathematics at the Algebra I level or
309	higher from the list of courses that qualify for state
310	university admission;
311	3.  Three credits in natural science, two of which must
312	have a laboratory component;
313	4.  Three credits in social sciences, which must include
314	one credit in American history, one credit in world history,
315	one-half credit in American government, and one-half credit in
316	economics;
317	5.  Two credits in the same second language unless the
318	student is a native speaker of or can otherwise demonstrate
319	competency in a language other than English. If the student
320	demonstrates competency in another language, the student may
321	replace the language requirement with two credits in other
322	academic courses; and
323	6.  Three credits in electives; or
324
325	Any student who selected an accelerated graduation program
326	before July 1, 2004, may continue that program, and all
327	statutory program requirements that were applicable when the
328	student made the program choice shall remain applicable to the
329	student as long as the student continues that program.
330	Section 6.  Subsections (8) through (13) of section
331	1003.43, Florida Statutes, are amended to read:
332	1003.43  General requirements for high school graduation.--
333	(8)  The State Board of Education, after a public hearing
334	and consideration, shall adopt rules based upon the
335	recommendations of the commissioner for the provision of test
336	accommodations and modifications of procedures as necessary for
337	students with disabilities which will demonstrate the student's
338	abilities rather than reflect the student's impaired sensory,
339	manual, speaking, or psychological process skills.
340	(9)  The public hearing and consideration required in
341	subsection (8) shall not be construed to amend or nullify the
342	requirements of security relating to the contents of
343	examinations or assessment instruments and related materials or
344	data as prescribed in s. 1008.23.
345	(8)(10)(a)  A student who meets all requirements prescribed
346	in subsections (1), (4), and (5) shall be awarded a standard
347	diploma in a form prescribed by the State Board of Education. A
348	district school board may attach the Florida gold seal career
349	endorsement to a standard diploma or, instead of the standard
350	diploma, award differentiated diplomas to those exceeding the
351	prescribed minimums.
352	(b)  A student who completes the minimum number of credits
353	and other requirements prescribed by subsections (1) and (4),
354	but who is unable to meet the standards of paragraph (5)(a),
355	paragraph (5)(b), or paragraph (5)(c), shall be awarded a
356	certificate of completion in a form prescribed by the State
357	Board of Education. However, any student who is otherwise
358	entitled to a certificate of completion may elect to remain in
359	the secondary school either as a full-time student or a part-
360	time student for up to 1 additional year and receive special
361	instruction designed to remedy his or her identified
362	deficiencies.
363	(11)(a)  Each district school board must provide
364	instruction to prepare students with disabilities to demonstrate
365	proficiency in the core content knowledge and skills necessary
366	for successful grade-to-grade progression and high school
367	graduation.
368	(b)  A student with a disability, as defined in s.
369	1007.02(2), for whom the individual educational plan (IEP)
370	committee determines that the FCAT cannot accurately measure the
371	student's abilities taking into consideration all allowable
372	accommodations, shall have the FCAT requirement of paragraph
373	(5)(a) waived for the purpose of receiving a standard high
374	school diploma, if the student:
375	1.  Completes the minimum number of credits and other
376	requirements prescribed by subsections (1) and (4).
377	2.  Does not meet the requirements of paragraph (5)(a)
378	after one opportunity in 10th grade and one opportunity in 11th
379	grade.
380	(12)  The Commissioner of Education may award a standard
381	high school diploma to honorably discharged veterans who started
382	high school between 1937 and 1946 and were scheduled to graduate
383	between 1941 and 1950 but were inducted into the United States
384	Armed Forces between September 16, 1940, and December 31, 1946,
385	prior to completing the necessary high school graduation
386	requirements. Upon the recommendation of the commissioner, the
387	State Board of Education may develop criteria and guidelines for
388	awarding such diplomas.
389	(13)  The Commissioner of Education may award a standard
390	high school diploma to honorably discharged veterans who started
391	high school between 1946 and 1950 and were scheduled to graduate
392	between 1949 and 1955, but were inducted into the United States
393	Armed Forces between June 1949 and January 1955, and served
394	during the Korean War prior to completing the necessary high
395	school graduation requirements. Upon the recommendation of the
396	commissioner, the State Board of Education may develop criteria
397	and guidelines for awarding such diplomas.
398	Section 7.  Subsection (4) of section 1007.263, Florida
399	Statutes, is amended to read:
400	1007.263  Community colleges; admissions of students.--Each
401	community college board of trustees is authorized to adopt rules
402	governing admissions of students subject to this section and
403	rules of the State Board of Education. These rules shall include
404	the following:
405	(4)  A student who has been awarded a special diploma as
406	defined in s. 1003.438 or a certificate of completion as defined
407	in s. 1003.43(8)(10) is eligible to enroll in certificate career
408	education programs.
409
410	Each board of trustees shall establish policies that notify
411	students about, and place students into, adult basic education,
412	adult secondary education, or other instructional programs that
413	provide students with alternatives to traditional college-
414	preparatory instruction, including private provider instruction.
415	A student is prohibited from enrolling in additional college-
416	level courses until the student scores above the cut-score on
417	all sections of the common placement test.
418	Section 8.  Paragraph (c) of subsection (3) of section
419	1008.22, Florida Statutes, is amended to read:
420	1008.22  Student assessment program for public schools.--
421	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
422	design and implement a statewide program of educational
423	assessment that provides information for the improvement of the
424	operation and management of the public schools, including
425	schools operating for the purpose of providing educational
426	services to youth in Department of Juvenile Justice programs.
427	The commissioner may enter into contracts for the continued
428	administration of the assessment, testing, and evaluation
429	programs authorized and funded by the Legislature. Contracts may
430	be initiated in 1 fiscal year and continue into the next and may
431	be paid from the appropriations of either or both fiscal years.
432	The commissioner is authorized to negotiate for the sale or
433	lease of tests, scoring protocols, test scoring services, and
434	related materials developed pursuant to law. Pursuant to the
435	statewide assessment program, the commissioner shall:
436	(c)  Develop and implement a student achievement testing
437	program known as the Florida Comprehensive Assessment Test
438	(FCAT) as part of the statewide assessment program to measure a
439	student's content knowledge and skills in reading, writing,
440	science, and mathematics. Other content areas may be included as
441	directed by the commissioner. Comprehensive assessments of
442	reading and mathematics shall be administered annually in grades
443	3 through 10. Comprehensive assessments of writing and science
444	shall be administered at least once at the elementary, middle,
445	and high school levels. End-of-course assessments for a subject
446	may be administered in addition to the comprehensive assessments
447	required for that subject under this paragraph. An end-of-course
448	assessment must be rigorous, statewide, standardized, and
449	developed or approved by the department. The content knowledge
450	and skills assessed by comprehensive and end-of-course
451	assessments must be aligned to the core curricular content
452	established in the Sunshine State Standards. The commissioner
453	may select one or more nationally developed comprehensive
454	examinations, which may include, but need not be limited to,
455	examinations for a College Board Advanced Placement course,
456	International Baccalaureate course, or Advanced International
457	Certificate of Education course or industry-approved
458	examinations to earn national industry certifications as defined
459	in s. 1003.492, for use as end-of-course assessments under this
460	paragraph, if the commissioner determines that the content
461	knowledge and skills assessed by the examinations meet or exceed
462	the grade level expectations for the core curricular content
463	established for the course in the Next Generation Sunshine State
464	Standards. The commissioner may collaborate with the American
465	Diploma Project in the adoption or development of rigorous end-
466	of-course assessments that are aligned to the Next Generation
467	Sunshine State Standards. The testing program must be designed
468	as follows:
469	1.  The tests shall measure student skills and competencies
470	adopted by the State Board of Education as specified in
471	paragraph (a). The tests must measure and report student
472	proficiency levels of all students assessed in reading, writing,
473	mathematics, and science. The commissioner shall provide for the
474	tests to be developed or obtained, as appropriate, through
475	contracts and project agreements with private vendors, public
476	vendors, public agencies, postsecondary educational
477	institutions, or school districts. The commissioner shall obtain
478	input with respect to the design and implementation of the
479	testing program from state educators, assistive technology
480	experts, and the public.
481	2.  The testing program shall be composed of criterion-
482	referenced tests that shall, to the extent determined by the
483	commissioner, include test items that require the student to
484	produce information or perform tasks in such a way that the core
485	content knowledge and skills he or she uses can be measured.
486	3.  Beginning with the 2008-2009 school year, the
487	commissioner shall discontinue administration of the selected-
488	response test items on the comprehensive assessments of writing.
489	Beginning with the 2012-2013 school year, the comprehensive
490	assessments of writing shall be composed of a combination of
491	selected-response test items, short-response performance tasks,
492	and extended-response performance tasks, which shall measure a
493	student's content knowledge of writing, including, but not
494	limited to, paragraph and sentence structure, sentence
495	construction, grammar and usage, punctuation, capitalization,
496	spelling, parts of speech, verb tense, irregular verbs, subject-
497	verb agreement, and noun-pronoun agreement.
498	4.  A score shall be designated for each subject area
499	tested, below which score a student's performance is deemed
500	inadequate. The school districts shall provide appropriate
501	remedial instruction to students who score below these levels.
502	5.  Except as provided in s. 1003.4282 1003.428(8)(b) or s.
503	1003.43(11)(b), students must earn a passing score on the grade
504	10 assessment test described in this paragraph or attain
505	concordant scores as described in subsection (10) in reading,
506	writing, and mathematics to qualify for a standard high school
507	diploma. The State Board of Education shall designate a passing
508	score for each part of the grade 10 assessment test. In
509	establishing passing scores, the state board shall consider any
510	possible negative impact of the test on minority students. The
511	State Board of Education shall adopt rules which specify the
512	passing scores for the grade 10 FCAT. Such passing scores must
513	at a minimum meet grade-level proficiency. Any such rules, which
514	have the effect of raising the required passing scores, shall
515	apply only to students taking the grade 10 FCAT for the first
516	time after such rules are adopted by the State Board of
517	Education.
518	6.  Participation in the testing program is mandatory for
519	all students attending public school, including students served
520	in Department of Juvenile Justice programs, except as otherwise
521	prescribed by the commissioner. If a student does not
522	participate in the statewide assessment, the district must
523	notify the student's parent and provide the parent with
524	information regarding the implications of such nonparticipation.
525	A parent must provide signed consent for a student to receive
526	classroom instructional accommodations that would not be
527	available or permitted on the statewide assessments and must
528	acknowledge in writing that he or she understands the
529	implications of such instructional accommodations. The State
530	Board of Education shall adopt rules, based upon recommendations
531	of the commissioner, for the provision of test accommodations
532	for students in exceptional education programs and for students
533	who have limited English proficiency. Accommodations that negate
534	the validity of a statewide assessment are not allowable in the
535	administration of the FCAT. However, instructional
536	accommodations are allowable in the classroom if included in a
537	student's individual education plan. Students using
538	instructional accommodations in the classroom that are not
539	allowable as accommodations on the FCAT may have the FCAT
540	requirement waived pursuant to the requirements of s. 1003.4282
541	1003.428(8)(b) or s. 1003.43(11)(b).
542	7.  A student seeking an adult high school diploma must
543	meet the same testing requirements that a regular high school
544	student must meet.
545	8.  District school boards must provide instruction to
546	prepare students to demonstrate proficiency in the core
547	curricular content established in the Next Generation Sunshine
548	State Standards adopted under s. 1003.41, including the core
549	content knowledge and skills necessary for successful grade-to-
550	grade progression and high school graduation. If a student is
551	provided with instructional accommodations in the classroom that
552	are not allowable as accommodations in the statewide assessment
553	program, as described in the test manuals, the district must
554	inform the parent in writing and must provide the parent with
555	information regarding the impact on the student's ability to
556	meet expected proficiency levels in reading, writing, and
557	mathematics. The commissioner shall conduct studies as necessary
558	to verify that the required core curricular content is part of
559	the district instructional programs.
560	9.  District school boards must provide opportunities for
561	students to demonstrate an acceptable level of performance on an
562	alternative standardized assessment approved by the State Board
563	of Education following enrollment in summer academies.
564	10.  The Department of Education must develop, or select,
565	and implement a common battery of assessment tools that will be
566	used in all juvenile justice programs in the state. These tools
567	must accurately measure the core curricular content established
568	in the Sunshine State Standards.
569	11.  For students seeking a special diploma pursuant to s.
570	1003.438, the Department of Education must develop or select and
571	implement an alternate assessment tool that accurately measures
572	the core curricular content established in the Sunshine State
573	Standards for students with disabilities under s. 1003.438.
574	12.  The Commissioner of Education shall establish
575	schedules for the administration of statewide assessments and
576	the reporting of student test results. The commissioner shall,
577	by August 1 of each year, notify each school district in writing
578	and publish on the department's Internet website the testing and
579	reporting schedules for, at a minimum, the school year following
580	the upcoming school year. The testing and reporting schedules
581	shall require that:
582	a.  There is the latest possible administration of
583	statewide assessments and the earliest possible reporting to the
584	school districts of student test results which is feasible
585	within available technology and specific appropriations;
586	however, test results must be made available no later than the
587	final day of the regular school year for students.
588	b.  Beginning with the 2010-2011 school year, a
589	comprehensive statewide assessment of writing is not
590	administered earlier than the week of March 1 and a
591	comprehensive statewide assessment of any other subject is not
592	administered earlier than the week of April 15.
593	c.  A statewide standardized end-of-course assessment is
594	administered within the last 2 weeks of the course.
595
596	The commissioner may, based on collaboration and input from
597	school districts, design and implement student testing programs,
598	for any grade level and subject area, necessary to effectively
599	monitor educational achievement in the state, including the
600	measurement of educational achievement of the Sunshine State
601	Standards for students with disabilities. Development and
602	refinement of assessments shall include universal design
603	principles and accessibility standards that will prevent any
604	unintended obstacles for students with disabilities while
605	ensuring the validity and reliability of the test. These
606	principles should be applicable to all technology platforms and
607	assistive devices available for the assessments. The field
608	testing process and psychometric analyses for the statewide
609	assessment program must include an appropriate percentage of
610	students with disabilities and an evaluation or determination of
611	the effect of test items on such students.
612	Section 9.  Paragraph (b) of subsection (1) of section
613	1009.531, Florida Statutes, is amended to read:
614	1009.531  Florida Bright Futures Scholarship Program;
615	student eligibility requirements for initial awards.--
616	(1)  Effective January 1, 2008, in order to be eligible for
617	an initial award from any of the three types of scholarships
618	under the Florida Bright Futures Scholarship Program, a student
619	must:
620	(b)  Earn a standard Florida high school diploma or its
621	equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
622	or s. 1003.435 unless:
623	1.  The student completes a home education program
624	according to s. 1002.41; or
625	2.  The student earns a high school diploma from a non-
626	Florida school while living with a parent or guardian who is on
627	military or public service assignment away from Florida.
628	Section 10.  This act shall take effect July 1, 2009.

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