Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2482
       
       
       
       
       
       
                                Barcode 501240                          
       
                              LEGISLATIVE ACTION                        
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       Senator Wise moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 97 and 98
    4  insert:
    5         Section 4. Subsection (1) and paragraph (a) of subsection
    6  (2) of section 1003.428, Florida Statutes, are amended to read:
    7         1003.428 General requirements for high school graduation;
    8  revised.—
    9         (1) Except as otherwise authorized pursuant to s. 1003.429,
   10  beginning with students entering grade 9 their first year of
   11  high school in the 2007-2008 school year, graduation requires
   12  the successful completion of a minimum of 24 credits, an
   13  International Baccalaureate curriculum, or an Advanced
   14  International Certificate of Education curriculum. Students must
   15  be advised of eligibility requirements for state scholarship
   16  programs and postsecondary admissions.
   17         (2) The 24 credits may be earned through applied,
   18  integrated, and combined courses approved by the Department of
   19  Education and shall be distributed as follows:
   20         (a) Sixteen core curriculum credits:
   21         1. Four credits in English, with major concentration in
   22  composition, reading for information, and literature.
   23         2. Four credits in mathematics, one of which must be
   24  Algebra I, a series of courses equivalent to Algebra I, or a
   25  higher-level mathematics course. School districts are encouraged
   26  to set specific goals to increase enrollments in, and successful
   27  completion of, geometry and Algebra II.
   28         3. Three credits in science, two of which must have a
   29  laboratory component. Beginning with students entering grade 9
   30  in the 2010-2011 school year, one of the three credits in
   31  science must be Biology I or a series of courses that have been
   32  approved by the State Board of Education as equivalent to
   33  Biology I.
   34         4. Three credits in social studies as follows: one credit
   35  in American history; one credit in world history; one-half
   36  credit in economics; and one-half credit in American government.
   37         5. One credit in fine or performing arts, speech and
   38  debate, or a practical arts course that incorporates artistic
   39  content and techniques of creativity, interpretation, and
   40  imagination. Eligible practical arts courses shall be identified
   41  through the Course Code Directory.
   42         6. One credit in physical education to include integration
   43  of health. Participation in an interscholastic sport at the
   44  junior varsity or varsity level for two full seasons shall
   45  satisfy the one-credit requirement in physical education if the
   46  student passes a competency test on personal fitness with a
   47  score of “C” or better. The competency test on personal fitness
   48  must be developed by the Department of Education. A district
   49  school board may not require that the one credit in physical
   50  education be taken during the 9th grade year. Completion of one
   51  semester with a grade of “C” or better in a marching band class,
   52  in a physical activity class that requires participation in
   53  marching band activities as an extracurricular activity, or in a
   54  dance class shall satisfy one-half credit in physical education
   55  or one-half credit in performing arts. This credit may not be
   56  used to satisfy the personal fitness requirement or the
   57  requirement for adaptive physical education under an individual
   58  education plan (IEP) or 504 plan. Completion of 2 years in a
   59  Reserve Officer Training Corps (R.O.T.C.) class, a significant
   60  component of which is drills, shall satisfy the one-credit
   61  requirement in physical education and the one-credit requirement
   62  in performing arts. This credit may not be used to satisfy the
   63  personal fitness requirement or the requirement for adaptive
   64  physical education under an individual education plan (IEP) or
   65  504 plan.
   66         Section 5. Subsection (1) of section 1003.429, Florida
   67  Statutes, is amended to read:
   68         1003.429 Accelerated high school graduation options.—
   69         (1) Students who enter grade 9 in the 2006-2007 school year
   70  and thereafter may select, upon receipt of each consent required
   71  by this section, one of the following three high school
   72  graduation options:
   73         (a) Completion of the general requirements for high school
   74  graduation pursuant to s. 1003.43;
   75         (b) Completion of a 3-year standard college preparatory
   76  program requiring successful completion of a minimum of 18
   77  academic credits in grades 9 through 12. At least 6 of the 18
   78  credits required for completion of this program must be received
   79  in classes that are offered pursuant to the International
   80  Baccalaureate Program, the Advanced Placement Program, dual
   81  enrollment, Advanced International Certificate of Education, or
   82  specifically listed or identified by the Department of Education
   83  as rigorous pursuant to s. 1009.531(3). The 18 credits required
   84  for completion of this program shall be primary requirements and
   85  shall be distributed as follows:
   86         1. Four credits in English, with major concentration in
   87  composition and literature;
   88         2. Three credits in mathematics at the Algebra I level or
   89  higher from the list of courses that qualify for state
   90  university admission;
   91         3. Three credits in natural science, two of which must have
   92  a laboratory component. Beginning with students entering grade 9
   93  in the 2010-2011 school year, one of the three credits in
   94  science must be Biology I or a series of courses that have been
   95  approved by the State Board of Education as equivalent to
   96  Biology I;
   97         4. Three credits in social sciences, which must include one
   98  credit in American history, one credit in world history, one
   99  half credit in American government, and one-half credit in
  100  economics;
  101         5. Two credits in the same second language unless the
  102  student is a native speaker of or can otherwise demonstrate
  103  competency in a language other than English. If the student
  104  demonstrates competency in another language, the student may
  105  replace the language requirement with two credits in other
  106  academic courses; and
  107         6. Three credits in electives; or
  108         (c) Completion of a 3-year career preparatory program
  109  requiring successful completion of a minimum of 18 academic
  110  credits in grades 9 through 12. The 18 credits shall be primary
  111  requirements and shall be distributed as follows:
  112         1. Four credits in English, with major concentration in
  113  composition and literature;
  114         2. Three credits in mathematics, one of which must be
  115  Algebra I;
  116         3. Three credits in natural science, two of which must have
  117  a laboratory component. Beginning with students entering grade 9
  118  in the 2010-2011 school year, one of the three credits in
  119  science must be Biology I or a series of courses that have been
  120  approved by the State Board of Education as equivalent to
  121  Biology I;
  122         4. Three credits in social sciences, which must include one
  123  credit in American history, one credit in world history, one
  124  half credit in American government, and one-half credit in
  125  economics;
  126         5. Three credits in a single vocational or career education
  127  program, three credits in career and technical certificate dual
  128  enrollment courses, or five credits in vocational or career
  129  education courses; and
  130         6. Two credits in electives unless five credits are earned
  131  pursuant to subparagraph 5.
  132  
  133  Any student who selected an accelerated graduation program
  134  before July 1, 2004, may continue that program, and all
  135  statutory program requirements that were applicable when the
  136  student made the program choice shall remain applicable to the
  137  student as long as the student continues that program.
  138         Section 6. Paragraph (c) of subsection (3) of section
  139  1008.22, Florida Statutes, is amended to read:
  140         1008.22 Student assessment program for public schools.—
  141         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  142  design and implement a statewide program of educational
  143  assessment that provides information for the improvement of the
  144  operation and management of the public schools, including
  145  schools operating for the purpose of providing educational
  146  services to youth in Department of Juvenile Justice programs.
  147  The commissioner may enter into contracts for the continued
  148  administration of the assessment, testing, and evaluation
  149  programs authorized and funded by the Legislature. Contracts may
  150  be initiated in 1 fiscal year and continue into the next and may
  151  be paid from the appropriations of either or both fiscal years.
  152  The commissioner is authorized to negotiate for the sale or
  153  lease of tests, scoring protocols, test scoring services, and
  154  related materials developed pursuant to law. Pursuant to the
  155  statewide assessment program, the commissioner shall:
  156         (c) Develop and implement a student achievement testing
  157  program known as the Florida Comprehensive Assessment Test
  158  (FCAT) as part of the statewide assessment program to measure a
  159  student’s content knowledge and skills in reading, writing,
  160  science, and mathematics. Other content areas may be included as
  161  directed by the commissioner. Comprehensive assessments of
  162  reading and mathematics shall be administered annually in grades
  163  3 through 10. Comprehensive assessments of writing and science
  164  shall be administered at least once at the elementary, middle,
  165  and high school levels. During the 2010-2011 school year, an
  166  end-of-course assessment in biology shall be administered as a
  167  field test at the high school level. Beginning with the 2011
  168  2012 school year, the end-of-course assessment in biology shall
  169  replace the comprehensive assessment of science administered at
  170  the high school level. During the 2011-2012 school year, each
  171  student’s performance on the end-of-course assessment in biology
  172  shall constitute 30 percent of the student’s final course grade.
  173  Beginning with the 2012-2013 school year, a student must earn a
  174  passing score on the end-of-course assessment in biology in
  175  order to pass the course and receive course credit. End-of
  176  course assessments for a subject may be administered in addition
  177  to the comprehensive assessments required for that subject under
  178  this paragraph. An end-of-course assessment must be rigorous,
  179  statewide, standardized, and developed or approved by the
  180  department. The content knowledge and skills assessed by
  181  comprehensive and end-of-course assessments must be aligned to
  182  the core curricular content established in the Sunshine State
  183  Standards. The commissioner may select one or more nationally
  184  developed comprehensive examinations, which may include, but
  185  need not be limited to, examinations for a College Board
  186  Advanced Placement course, International Baccalaureate course,
  187  or Advanced International Certificate of Education course or
  188  industry-approved examinations to earn national industry
  189  certifications as defined in s. 1003.492, for use as end-of
  190  course assessments under this paragraph, if the commissioner
  191  determines that the content knowledge and skills assessed by the
  192  examinations meet or exceed the grade level expectations for the
  193  core curricular content established for the course in the Next
  194  Generation Sunshine State Standards. The commissioner may
  195  collaborate with the American Diploma Project in the adoption or
  196  development of rigorous end-of-course assessments that are
  197  aligned to the Next Generation Sunshine State Standards. The
  198  testing program must be designed as follows:
  199         1. The tests shall measure student skills and competencies
  200  adopted by the State Board of Education as specified in
  201  paragraph (a). The tests must measure and report student
  202  proficiency levels of all students assessed in reading, writing,
  203  mathematics, and science. The commissioner shall provide for the
  204  tests to be developed or obtained, as appropriate, through
  205  contracts and project agreements with private vendors, public
  206  vendors, public agencies, postsecondary educational
  207  institutions, or school districts. The commissioner shall obtain
  208  input with respect to the design and implementation of the
  209  testing program from state educators, assistive technology
  210  experts, and the public.
  211         2. The testing program shall be composed of criterion
  212  referenced tests that shall, to the extent determined by the
  213  commissioner, include test items that require the student to
  214  produce information or perform tasks in such a way that the core
  215  content knowledge and skills he or she uses can be measured.
  216         3. Beginning with the 2008-2009 school year, the
  217  commissioner shall discontinue administration of the selected
  218  response test items on the comprehensive assessments of writing.
  219  Beginning with the 2012-2013 school year, the comprehensive
  220  assessments of writing shall be composed of a combination of
  221  selected-response test items, short-response performance tasks,
  222  and extended-response performance tasks, which shall measure a
  223  student’s content knowledge of writing, including, but not
  224  limited to, paragraph and sentence structure, sentence
  225  construction, grammar and usage, punctuation, capitalization,
  226  spelling, parts of speech, verb tense, irregular verbs, subject
  227  verb agreement, and noun-pronoun agreement.
  228         4. A score shall be designated for each subject area
  229  tested, below which score a student’s performance is deemed
  230  inadequate. The school districts shall provide appropriate
  231  remedial instruction to students who score below these levels.
  232         5. Except as provided in s. 1003.428(8)(b) or s.
  233  1003.43(11)(b), students must earn a passing score on the grade
  234  10 assessment test described in this paragraph or attain
  235  concordant scores as described in subsection (10) in reading,
  236  writing, and mathematics to qualify for a standard high school
  237  diploma. The State Board of Education shall designate a passing
  238  score for each part of the grade 10 assessment test and the end
  239  of-course assessment in biology. In establishing passing scores,
  240  the state board shall consider any possible negative impact of
  241  the test on minority students. The State Board of Education
  242  shall adopt rules which specify the passing scores for each part
  243  of the grade 10 assessment test and the end-of-course assessment
  244  in biology FCAT. Any such rules, which have the effect of
  245  raising the required passing scores, shall apply only to
  246  students taking the assessment grade 10 FCAT for the first time
  247  after such rules are adopted by the State Board of Education.
  248         6. Participation in the testing program is mandatory for
  249  all students attending public school, including students served
  250  in Department of Juvenile Justice programs, except as otherwise
  251  prescribed by the commissioner. If a student does not
  252  participate in the statewide assessment, the district must
  253  notify the student’s parent and provide the parent with
  254  information regarding the implications of such nonparticipation.
  255  A parent must provide signed consent for a student to receive
  256  classroom instructional accommodations that would not be
  257  available or permitted on the statewide assessments and must
  258  acknowledge in writing that he or she understands the
  259  implications of such instructional accommodations. The State
  260  Board of Education shall adopt rules, based upon recommendations
  261  of the commissioner, for the provision of test accommodations
  262  for students in exceptional education programs and for students
  263  who have limited English proficiency. Accommodations that negate
  264  the validity of a statewide assessment are not allowable in the
  265  administration of the FCAT. However, instructional
  266  accommodations are allowable in the classroom if included in a
  267  student’s individual education plan. Students using
  268  instructional accommodations in the classroom that are not
  269  allowable as accommodations on the FCAT may have the FCAT
  270  requirement waived pursuant to the requirements of s.
  271  1003.428(8)(b) or s. 1003.43(11)(b).
  272         7. A student seeking an adult high school diploma must meet
  273  the same testing requirements that a regular high school student
  274  must meet.
  275         8. District school boards must provide instruction to
  276  prepare students to demonstrate proficiency in the core
  277  curricular content established in the Next Generation Sunshine
  278  State Standards adopted under s. 1003.41, including the core
  279  content knowledge and skills necessary for successful grade-to
  280  grade progression and high school graduation. If a student is
  281  provided with instructional accommodations in the classroom that
  282  are not allowable as accommodations in the statewide assessment
  283  program, as described in the test manuals, the district must
  284  inform the parent in writing and must provide the parent with
  285  information regarding the impact on the student’s ability to
  286  meet expected proficiency levels in reading, writing, and
  287  mathematics. The commissioner shall conduct studies as necessary
  288  to verify that the required core curricular content is part of
  289  the district instructional programs.
  290         9. District school boards must provide opportunities for
  291  students to demonstrate an acceptable level of performance on an
  292  alternative standardized assessment approved by the State Board
  293  of Education following enrollment in summer academies.
  294         10. The Department of Education must develop, or select,
  295  and implement a common battery of assessment tools that will be
  296  used in all juvenile justice programs in the state. These tools
  297  must accurately measure the core curricular content established
  298  in the Sunshine State Standards.
  299         11. For students seeking a special diploma pursuant to s.
  300  1003.438, the Department of Education must develop or select and
  301  implement an alternate assessment tool that accurately measures
  302  the core curricular content established in the Sunshine State
  303  Standards for students with disabilities under s. 1003.438.
  304         12. The Commissioner of Education shall establish schedules
  305  for the administration of statewide assessments and the
  306  reporting of student test results. The commissioner shall, by
  307  August 1 of each year, notify each school district in writing
  308  and publish on the department’s Internet website the testing and
  309  reporting schedules for, at a minimum, the school year following
  310  the upcoming school year. The testing and reporting schedules
  311  shall require that:
  312         a. There is the latest possible administration of statewide
  313  assessments and the earliest possible reporting to the school
  314  districts of student test results which is feasible within
  315  available technology and specific appropriations; however, test
  316  results must be made available no later than the final day of
  317  the regular school year for students.
  318         b. Beginning with the 2010-2011 school year, a
  319  comprehensive statewide assessment of writing is not
  320  administered earlier than the week of March 1 and a
  321  comprehensive statewide assessment of any other subject is not
  322  administered earlier than the week of April 15.
  323         c. A statewide standardized end-of-course assessment is
  324  administered within the last 2 weeks of the course.
  325  
  326  The commissioner may, based on collaboration and input from
  327  school districts, design and implement student testing programs,
  328  for any grade level and subject area, necessary to effectively
  329  monitor educational achievement in the state, including the
  330  measurement of educational achievement of the Sunshine State
  331  Standards for students with disabilities. Development and
  332  refinement of assessments shall include universal design
  333  principles and accessibility standards that will prevent any
  334  unintended obstacles for students with disabilities while
  335  ensuring the validity and reliability of the test. These
  336  principles should be applicable to all technology platforms and
  337  assistive devices available for the assessments. The field
  338  testing process and psychometric analyses for the statewide
  339  assessment program must include an appropriate percentage of
  340  students with disabilities and an evaluation or determination of
  341  the effect of test items on such students.
  342         Section 7. Paragraphs (b) and (c) of subsection (3) of
  343  section 1008.34, Florida Statutes, are amended to read:
  344         1008.34 School grading system; school report cards;
  345  district grade.—
  346         (3) DESIGNATION OF SCHOOL GRADES.—
  347         (b)1. A school’s grade shall be based on a combination of:
  348         a. Student achievement scores, including achievement scores
  349  for students seeking a special diploma.
  350         b. Student learning gains as measured by annual FCAT
  351  assessments in grades 3 through 10; learning gains for students
  352  seeking a special diploma, as measured by an alternate
  353  assessment tool, shall be included not later than the 2009-2010
  354  school year.
  355         c. Improvement of the lowest 25th percentile of students in
  356  the school in reading, mathematics, or writing on the FCAT,
  357  unless these students are exhibiting satisfactory performance.
  358         2. Beginning with the 2009-2010 school year for schools
  359  comprised of high school grades 9, 10, 11, and 12, or grades 10,
  360  11, and 12, 50 percent of the school grade shall be based on a
  361  combination of the factors listed in sub-subparagraphs 1.a.-c.
  362  and the remaining 50 percent on the following factors:
  363         a. The high school graduation rate of the school;
  364         b. As valid data becomes available, the performance and
  365  participation of the school’s students in College Board Advanced
  366  Placement courses, International Baccalaureate courses, dual
  367  enrollment courses, and Advanced International Certificate of
  368  Education courses; and the students’ achievement of industry
  369  certification, as determined by the Agency for Workforce
  370  Innovation under s. 1003.492(2) in a career and professional
  371  academy, as described in s. 1003.493;
  372         c. Postsecondary readiness of the school’s students as
  373  measured by the SAT, ACT, or the common placement test;
  374         d. The high school graduation rate of at-risk students who
  375  scored at Level 2 or lower on the grade 8 FCAT Reading and
  376  Mathematics examinations;
  377         e. As valid data becomes available, the performance of the
  378  school’s students on statewide standardized end-of-course
  379  assessments not required for high school graduation, which are
  380  administered under s. 1008.22; and
  381         f. The growth or decline in the components listed in sub
  382  subparagraphs a.-e. from year to year.
  383         (c) Student assessment data used in determining school
  384  grades shall include:
  385         1. The aggregate scores of all eligible students enrolled
  386  in the school who have been assessed on the FCAT and
  387  standardized end-of-course assessments required for high school
  388  graduation, including, beginning with the 2011-2012 school year,
  389  the end-of-course assessment in biology.
  390         2. The aggregate scores of all eligible students enrolled
  391  in the school who have been assessed on the FCAT and who have
  392  scored at or in the lowest 25th percentile of students in the
  393  school in reading, mathematics, or writing, unless these
  394  students are exhibiting satisfactory performance.
  395         3. Effective with the 2005-2006 school year, the
  396  achievement scores and learning gains of eligible students
  397  attending alternative schools that provide dropout prevention
  398  and academic intervention services pursuant to s. 1003.53. The
  399  term “eligible students” in this subparagraph does not include
  400  students attending an alternative school who are subject to
  401  district school board policies for expulsion for repeated or
  402  serious offenses, who are in dropout retrieval programs serving
  403  students who have officially been designated as dropouts, or who
  404  are in programs operated or contracted by the Department of
  405  Juvenile Justice. The student performance data for eligible
  406  students identified in this subparagraph shall be included in
  407  the calculation of the home school’s grade. As used in this
  408  section and s. 1008.341, the term “home school” means the school
  409  to which the student would be assigned if the student were not
  410  assigned to an alternative school. If an alternative school
  411  chooses to be graded under this section, student performance
  412  data for eligible students identified in this subparagraph shall
  413  not be included in the home school’s grade but shall be included
  414  only in the calculation of the alternative school’s grade. A
  415  school district that fails to assign the FCAT scores of each of
  416  its students to his or her home school or to the alternative
  417  school that receives a grade shall forfeit Florida School
  418  Recognition Program funds for 1 fiscal year. School districts
  419  must require collaboration between the home school and the
  420  alternative school in order to promote student success. This
  421  collaboration must include an annual discussion between the
  422  principal of the alternative school and the principal of each
  423  student’s home school concerning the most appropriate school
  424  assignment of the student.
  425         4. Beginning with the 2009-2010 school year for schools
  426  comprised of high school grades 9, 10, 11, and 12, or grades 10,
  427  11, and 12, the data listed in subparagraphs 1.-3. and the
  428  following data as the Department of Education determines such
  429  data are valid and available:
  430         a. The high school graduation rate of the school as
  431  calculated by the Department of Education;
  432         b. The participation rate of all eligible students enrolled
  433  in the school and enrolled in College Board Advanced Placement
  434  courses; International Baccalaureate courses; dual enrollment
  435  courses; Advanced International Certificate of Education
  436  courses; and courses or sequence of courses leading to industry
  437  certification, as determined by the Agency for Workforce
  438  Innovation under s. 1003.492(2) in a career and professional
  439  academy, as described in s. 1003.493;
  440         c. The aggregate scores of all eligible students enrolled
  441  in the school in College Board Advanced Placement courses,
  442  International Baccalaureate courses, and Advanced International
  443  Certificate of Education courses;
  444         d. Earning of college credit by all eligible students
  445  enrolled in the school in dual enrollment programs under s.
  446  1007.271;
  447         e. Earning of an industry certification, as determined by
  448  the Agency for Workforce Innovation under s. 1003.492(2) in a
  449  career and professional academy, as described in s. 1003.493;
  450         f. The aggregate scores of all eligible students enrolled
  451  in the school in reading, mathematics, and other subjects as
  452  measured by the SAT, the ACT, and the common placement test for
  453  postsecondary readiness;
  454         g. The high school graduation rate of all eligible at-risk
  455  students enrolled in the school who scored at Level 2 or lower
  456  on the grade 8 FCAT Reading and Mathematics examinations;
  457         h. The performance of the school’s students on statewide
  458  standardized end-of-course assessments not required for high
  459  school graduation, which are administered under s. 1008.22; and
  460         i. The growth or decline in the data components listed in
  461  sub-subparagraphs a.-h. from year to year.
  462  
  463  The State Board of Education shall adopt appropriate criteria
  464  for each school grade. The criteria must also give added weight
  465  to student achievement in reading. Schools designated with a
  466  grade of “C,” making satisfactory progress, shall be required to
  467  demonstrate that adequate progress has been made by students in
  468  the school who are in the lowest 25th percentile in reading,
  469  mathematics, or writing on the FCAT, unless these students are
  470  exhibiting satisfactory performance. Beginning with the 2009
  471  2010 school year for schools comprised of high school grades 9,
  472  10, 11, and 12, or grades 10, 11, and 12, the criteria for
  473  school grades must also give added weight to the graduation rate
  474  of all eligible at-risk students, as defined in this paragraph.
  475  Beginning in the 2009-2010 school year, in order for a high
  476  school to be designated as having a grade of “A,” making
  477  excellent progress, the school must demonstrate that at-risk
  478  students, as defined in this paragraph, in the school are making
  479  adequate progress.
  480  
  481  ================= T I T L E  A M E N D M E N T ================
  482         And the title is amended as follows:
  483         Delete line 10
  484  and insert:
  485  cross-reference; amending ss. 1003.428 and 1003.429, F.S.;
  486  requiring students entering grade 9 to earn one credit in
  487  Biology I or in a series of equivalent courses for high school
  488  graduation beginning with the 2010-2011 school year; amending s.
  489  1008.22, F.S.; requiring the administration of an end-of-course
  490  assessment in biology as a field test during the 2010-2011
  491  school year; requiring the end-of-course assessment in biology
  492  to replace the comprehensive assessment of science administered
  493  at the high school level beginning with the 2011-2012 school
  494  year; providing requirements for course grade and course credit;
  495  requiring the State Board of Education to designate a passing
  496  score for the end-of-course assessment in biology; amending s.
  497  1008.34, F.S.; requiring the inclusion of biology end-of-course
  498  assessment data in determining school grades beginning with the
  499  2011-2012 school year; amending s. 1003.429, F.S.; revising