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

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