Florida Senate - 2009                                    SB 2482
       
       
       
       By Senator Wise
       
       
       
       
       5-01048A-09                                           20092482__
    1                        A bill to be entitled                      
    2         An act relating to school improvement and
    3         accountability; amending s. 1003.413, F.S.; redefining
    4         the term “secondary school” to no longer include an
    5         elementary school serving students through grade 6
    6         only; repealing s. 1003.413(5), F.S., relating to a
    7         requirement that the Commissioner of Education create
    8         and implement the Secondary School Improvement Award
    9         Program; amending s. 1003.4156, F.S.; revising
   10         provisions relating to the general requirements for
   11         middle grades promotion; providing an exception;
   12         amending s. 1003.428, F.S.; revising provisions
   13         relating to the general requirements for high school
   14         graduation; providing exceptions; amending s.
   15         1003.429, F.S.; revising provisions relating to
   16         accelerated high school graduation; revising the
   17         credits for certain courses required under the 3-year
   18         standard college preparatory program which apply to
   19         students who enter grade 9 in the 2009-2010 school
   20         year; amending s. 1003.433, F.S.; providing that a
   21         student who enters middle school at the eighth grade
   22         from out of state or from a foreign country is not
   23         required to spend additional time in school to meet
   24         the requirements for middle grades promotion under
   25         certain circumstances; requiring that such student
   26         receive immediate and intensive instruction in English
   27         language acquisition under specified circumstances;
   28         amending s. 1003.621, F.S.; requiring that the State
   29         Board of Education annually designate school districts
   30         as academically high-performing schools districts if
   31         certain criteria are met; requiring that such
   32         designation occur at the next meeting of the State
   33         Board of Education on or after a specified date each
   34         year; providing that the designation is effective
   35         beginning the following school year; revising the
   36         information that an academically high-performing
   37         school district must include in its annual report to
   38         the State Board of Education and the Legislature;
   39         amending s. 1008.22, F.S.; providing that concordant
   40         scores that are earned before taking the grade 10
   41         Florida Comprehensive Assessment Test may not be used
   42         to qualify for a standard high school diploma;
   43         requiring that a student who has not earned passing
   44         scores on the grade 10 FCAT participate in each retake
   45         of the assessment until he or she earns a passing
   46         score or achieves a passing score on a standardized
   47         assessment which is concordant with FCAT passing
   48         scores; deleting provisions relating to concordant
   49         scores for the FCAT; amending s. 1008.25, F.S.;
   50         requiring that each district school board annually
   51         post certain information on its Internet website;
   52         revising the date that each district school board is
   53         required to report certain information to the State
   54         Board of Education; amending s. 1008.33, F.S.;
   55         requiring that the state system of educational
   56         accountability comply with the federal Elementary and
   57         Secondary Act after the State Board of Education
   58         evaluates and determines that it is consistent with
   59         certain principles; providing that public schools are
   60         accountable to the State Board of Education; providing
   61         responsibilities for the State Board of Education
   62         regarding the system of school improvement and
   63         accountability; requiring that the Department of
   64         Education categorize public schools annually based on
   65         school grade and student performance; providing that
   66         schools are subject to intervention strategies;
   67         authorizing the department to prescribe reporting
   68         requirements to review and monitor the progress of
   69         schools; providing criteria for categorizing schools
   70         as the lowest performing schools; requiring that the
   71         school district implement certain options for dealing
   72         with lowest performing schools in the district;
   73         requiring that a school make significant progress to
   74         advance to another category; authorizing the State
   75         Board of Education to impose a public reprimand on a
   76         school district that deviates from or fails to
   77         implement its improvement plan; authorizing the State
   78         Board of Education to withhold the transfer of all
   79         state funds generated by the students assigned to the
   80         school and allowable federal funds if the deviation or
   81         failure is repeated, continuous, or serious; requiring
   82         that the department implement the school improvement
   83         plan immediately; requiring that the State Board of
   84         Education adopt rules; amending s. 1008.34, F.S.;
   85         revising provisions relating to the designation of
   86         school grades; amending s. 1008.36, F.S.; revising the
   87         date that school staff and the school advisory council
   88         is required to reach an agreement regarding the
   89         distribution of financial awards under the Florida
   90         School Recognition Program; providing an effective
   91         date.
   92  
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Subsection (1) of section 1003.413, Florida
   96  Statutes, is amended to read:
   97         1003.413 Florida Secondary School Redesign Act.—
   98         (1) For purposes of this section, the term “secondary
   99  school” means a school that serves Secondary schools are schools
  100  that primarily serve students in grades 6 through 12. A
  101  secondary school does not include an elementary school serving
  102  students only through grade 6. It is the intent of the
  103  Legislature to provide for secondary school redesign so that
  104  students promoted from the 8th grade have the necessary academic
  105  skills for success in high school and students graduating from
  106  high school have the necessary skills for success in the
  107  workplace and postsecondary education.
  108         Section 2. Subsection (5) of section 1003.413, Florida
  109  Statutes, is repealed.
  110         Section 3. Paragraphs (a) and (b) of subsection (1) of
  111  section 1003.4156, Florida Statutes, are amended to read:
  112         1003.4156 General requirements for middle grades
  113  promotion.—
  114         (1) Beginning with students entering grade 6 in the 2006
  115  2007 school year, promotion from a school composed of middle
  116  grades 6, 7, and 8 requires that:
  117         (a) The student must successfully complete academic courses
  118  as follows:
  119         1. Three middle school or higher courses in English. These
  120  courses shall emphasize literature, composition, and technical
  121  text.
  122         2. Three middle school or higher courses in mathematics.
  123  Each middle school must offer at least one high school level
  124  mathematics course for which students may earn high school
  125  credit.
  126         3. Three middle school or higher courses in social studies,
  127  one semester of which must include the study of state and
  128  federal government and civics education.
  129         4. Three middle school or higher courses in science.
  130         5. One course in career and education planning to be
  131  completed in 7th or 8th grade. The course may be taught by any
  132  member of the instructional staff; must include career
  133  exploration using Florida CHOICES for the 21st Century or a
  134  comparable cost-effective program; must include educational
  135  planning using the online student advising system known as
  136  Florida Academic Counseling and Tracking for Students at the
  137  Internet website FACTS.org; and shall result in the completion
  138  of a personalized academic and career plan.
  139  
  140  Each school must hold a parent meeting either in the evening or
  141  on a weekend to inform parents about the course curriculum and
  142  activities. Each student shall complete an electronic personal
  143  education plan that must be signed by the student; the student's
  144  instructor, guidance counselor, or academic advisor; and the
  145  student's parent. By January 1, 2007, The Department of
  146  Education shall develop course frameworks and professional
  147  development materials for the career exploration and education
  148  planning course. The course may be implemented as a stand-alone
  149  course or integrated into another course or courses. The
  150  Commissioner of Education shall collect longitudinal high school
  151  course enrollment data by student ethnicity in order to analyze
  152  course-taking patterns.
  153         (b) For each year in which a student scores at Level l on
  154  FCAT Reading, the student must be enrolled in and complete an
  155  intensive reading course the following year. Placement of Level
  156  2 readers in either an intensive reading course or a content
  157  area course in which reading strategies are delivered shall be
  158  determined by diagnosis of reading needs. The department shall
  159  provide guidance on appropriate strategies for diagnosing and
  160  meeting the varying instructional needs of students reading
  161  below grade level. Reading courses shall be designed and offered
  162  pursuant to the comprehensive reading plan required by s.
  163  1011.62(9). A student who scores below Level 1 or Level 2 on
  164  FCAT Reading, but who did not score below Level 3 on FCAT
  165  Reading in the prior school year, may be exempt from the
  166  requirement in this paragraph if the student demonstrates
  167  acceptable performance on an alternative standardized reading
  168  assessment approved by the State Board of Education.
  169         Section 4. Paragraph (b) of subsection (2) of section
  170  1003.428, Florida Statutes, is amended to read:
  171         1003.428 General requirements for high school graduation;
  172  revised.—
  173         (2) The 24 credits may be earned through applied,
  174  integrated, and combined courses approved by the Department of
  175  Education and shall be distributed as follows:
  176         (b) Eight credits in majors, minors, or electives:
  177         1. Four credits in a major area of interest, such as
  178  sequential courses in a career and technical program, fine and
  179  performing arts, or academic content area, selected by the
  180  student as part of the education plan required by s. 1003.4156.
  181  Students may revise major areas of interest each year as part of
  182  annual course registration processes and should update their
  183  education plan to reflect such revisions. Annually by October 1,
  184  the district school board shall approve major areas of interest
  185  and submit the list of majors to the Commissioner of Education
  186  for approval. Each major area of interest shall be deemed
  187  approved unless specifically rejected by the commissioner within
  188  60 days. Upon approval, each district’s major areas of interest
  189  shall be available for use by all school districts and shall be
  190  posted on the department’s website.
  191         2. Four credits in elective courses selected by the student
  192  as part of the education plan required by s. 1003.4156. These
  193  credits may be combined to allow for a second major area of
  194  interest pursuant to subparagraph 1., a minor area of interest,
  195  elective courses, or intensive reading or mathematics
  196  intervention courses as described in this subparagraph.
  197         a. Minor areas of interest are composed of three credits
  198  selected by the student as part of the education plan required
  199  by s. 1003.4156 and approved by the district school board.
  200         b. Elective courses are selected by the student in order to
  201  pursue a complete education program as described in s.
  202  1001.41(3) and to meet eligibility requirements for
  203  scholarships.
  204         c. For each year in which a student scores at Level l on
  205  FCAT Reading, the student must be enrolled in and complete an
  206  intensive reading course the following year. Placement of Level
  207  2 readers in either an intensive reading course or a content
  208  area course in which reading strategies are delivered shall be
  209  determined by diagnosis of reading needs. The department shall
  210  provide guidance on appropriate strategies for diagnosing and
  211  meeting the varying instructional needs of students reading
  212  below grade level. Reading courses shall be designed and offered
  213  pursuant to the comprehensive reading plan required by s.
  214  1011.62(9). A student who scores below Level 1 or Level 2 on
  215  FCAT Reading, but who did not score below Level 3 on FCAT
  216  Reading in the prior school year, may be exempt from the
  217  requirement in this sub-subparagraph if the student demonstrates
  218  acceptable performance on an alternative standardized reading
  219  assessment approved by the State Board of Education. The
  220  requirements in this sub-subparagraph do not apply to a student
  221  who has earned a passing score on the grade 10 FCAT Reading
  222  pursuant to s. 1008.22(3)(c) or who has achieved a score on a
  223  standardized test which is concordant with a passing score on
  224  the grade 10 FCAT Reading pursuant to s. 1008.22(10).
  225         d. For each year in which a student scores at Level 1 or
  226  Level 2 on FCAT Mathematics, the student must receive
  227  remediation the following year. These courses may be taught
  228  through applied, integrated, or combined courses and are subject
  229  to approval by the department for inclusion in the Course Code
  230  Directory. The requirements of this sub-subparagraph do not
  231  apply to a student who has earned a passing score on the grade
  232  10 FCAT Mathematics pursuant to s. 1008.22(3)(c) or who has
  233  achieved a score on a standardized test which is concordant with
  234  a passing score on the grade 10 FCAT Mathematics pursuant to s.
  235  1008.22(10).
  236         Section 5. Subsection (1), paragraph (c) of subsection (7),
  237  and subsection (8) of section 1003.429, Florida Statutes, are
  238  amended to read:
  239         1003.429 Accelerated high school graduation options.—
  240         (1) Students who enter grade 9 in the 2006-2007 school year
  241  and thereafter may select, upon receipt of each consent required
  242  by this section, one of the following three high school
  243  graduation options:
  244         (a) Completion of the general requirements for high school
  245  graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
  246         (b) Completion of a 3-year standard college preparatory
  247  program requiring successful completion of a minimum of 18
  248  academic credits in grades 9 through 12. At least 6 of the 18
  249  credits required for completion of this program must be received
  250  in classes that are offered pursuant to the International
  251  Baccalaureate Program, the Advanced Placement Program, dual
  252  enrollment, Advanced International Certificate of Education, or
  253  specifically listed or identified by the Department of Education
  254  as rigorous pursuant to s. 1009.531(3). The 18 credits required
  255  for completion of this program shall be primary requirements and
  256  shall be distributed as follows:
  257         1. Four credits in English, with major concentration in
  258  composition and literature;
  259         2. Three credits in mathematics at the Algebra I level or
  260  higher from the list of courses that qualify for state
  261  university admission. Beginning with students who enter grade 9
  262  in the 2009-2010 school year, four credits in mathematics at the
  263  Algebra I level or higher from the list of courses that qualify
  264  for state university admission;
  265         3. Three credits in natural science, two of which must have
  266  a laboratory component;
  267         4. Three credits in social sciences, which must include one
  268  credit in American history, one credit in world history, one
  269  half credit in American government, and one-half credit in
  270  economics;
  271         5. Two credits in the same second language unless the
  272  student is a native speaker of or can otherwise demonstrate
  273  competency in a language other than English. If the student
  274  demonstrates competency in another language, the student may
  275  replace the language requirement with two credits in other
  276  academic courses; and
  277         6. Three credits in electives. Beginning with students who
  278  enter grade 9 in the 2009-2010 school year, two credits in
  279  electives; or
  280         (c) Completion of a 3-year career preparatory program
  281  requiring successful completion of a minimum of 18 academic
  282  credits in grades 9 through 12. The 18 credits shall be primary
  283  requirements and shall be distributed as follows:
  284         1. Four credits in English, with major concentration in
  285  composition and literature;
  286         2. Three credits in mathematics, one of which must be
  287  Algebra I;
  288         3. Three credits in natural science, two of which must have
  289  a laboratory component;
  290         4. Three credits in social sciences, which must include one
  291  credit in American history, one credit in world history, one
  292  half credit in American government, and one-half credit in
  293  economics;
  294         5. Three credits in a single vocational or career education
  295  program, three credits in career and technical certificate dual
  296  enrollment courses, or five credits in vocational or career
  297  education courses; and
  298         6. Two credits in electives unless five credits are earned
  299  pursuant to subparagraph 5.
  300  
  301  Any student who selected an accelerated graduation program
  302  before July 1, 2004, may continue that program, and all
  303  statutory program requirements that were applicable when the
  304  student made the program choice shall remain applicable to the
  305  student as long as the student continues that program.
  306         (7) If, at the end of grade 10, a student is not on track
  307  to meet the credit, assessment, or grade-point-average
  308  requirements of the accelerated graduation option selected, the
  309  school shall notify the student and parent of the following:
  310         (c) The right of the student to change to the 4-year
  311  program set forth in s. 1003.428 or s. 1003.43, as applicable.
  312         (8) A student who selected one of the accelerated 3-year
  313  graduation options shall automatically move to the 4-year
  314  program set forth in s. 1003.428 or s. 1003.43, as applicable,
  315  if the student:
  316         (a) Exercises his or her right to change to the 4-year
  317  program;
  318         (b) Fails to earn 5 credits by the end of grade 9 or fails
  319  to earn 11 credits by the end of grade 10;
  320         (c) Does not achieve a score of 3 or higher on the grade 10
  321  FCAT Writing assessment; or
  322         (d) By the end of grade 11 does not meet the requirements
  323  of subsections (1) and (6).
  324         Section 6. Section 1003.433, Florida Statutes, is amended
  325  to read:
  326         1003.433 Learning opportunities for out-of-state and out
  327  of-country transfer students and students needing additional
  328  instruction to meet middle grades promotion or high school
  329  graduation requirements.—
  330         (1)Students who enter a Florida public middle school at
  331  the eighth grade from out of state or from a foreign country
  332  shall not be required to spend additional time in a Florida
  333  public school in order to meet the middle grades promotion
  334  requirements if the student has met all requirements of the
  335  school district, state, or country from which he or she is
  336  transferring. Such students who are not proficient in English
  337  should receive immediate and intensive instruction in English
  338  language acquisition.
  339         (2)(1) Students who enter a Florida public school at the
  340  eleventh or twelfth grade from out of state or from a foreign
  341  country shall not be required to spend additional time in a
  342  Florida public school in order to meet the high school course
  343  requirements if the student has met all requirements of the
  344  school district, state, or country from which he or she is
  345  transferring. Such students who are not proficient in English
  346  should receive immediate and intensive instruction in English
  347  language acquisition. However, to receive a standard high school
  348  diploma, a transfer student must earn a 2.0 grade point average
  349  and pass the grade 10 FCAT required in s. 1008.22(3) or an
  350  alternate assessment as described in s. 1008.22(10).
  351         (3)(2) Students who have met all requirements for the
  352  standard high school diploma except for passage of the grade 10
  353  FCAT or an alternate assessment by the end of grade 12 must be
  354  provided the following learning opportunities:
  355         (a) Participation in an accelerated high school equivalency
  356  diploma preparation program during the summer.
  357         (b) Upon receipt of a certificate of completion, be allowed
  358  to take the College Placement Test and be admitted to remedial
  359  or credit courses at a state community college, as appropriate.
  360         (c) Participation in an adult general education program as
  361  provided in s. 1004.93 for such time as the student requires to
  362  master English, reading, mathematics, or any other subject
  363  required for high school graduation. Students attending adult
  364  basic, adult secondary, or vocational-preparatory instruction
  365  are exempt from any requirement for the payment of tuition and
  366  fees, including lab fees, pursuant to s. 1009.25. A student
  367  attending an adult general education program shall have the
  368  opportunity to take the grade 10 FCAT an unlimited number of
  369  times in order to receive a standard high school diploma.
  370         (4)(3) Students who have been enrolled in an ESOL program
  371  for less than 2 school years and have met all requirements for
  372  the standard high school diploma except for passage of the grade
  373  10 FCAT or alternate assessment may receive immersion English
  374  language instruction during the summer following their senior
  375  year. Students receiving such instruction are eligible to take
  376  the FCAT or alternate assessment and receive a standard high
  377  school diploma upon passage of the grade 10 FCAT or the
  378  alternate assessment. This subsection shall be implemented to
  379  the extent funding is provided in the General Appropriations
  380  Act.
  381         (5)(4) The district school superintendent shall be
  382  responsible for notifying all students of the consequences of
  383  failure to receive a standard high school diploma, including the
  384  potential ineligibility for financial assistance at
  385  postsecondary educational institutions.
  386         (6)(5) The State Board of Education may adopt rules
  387  pursuant to ss. 120.536(1) and 120.54 to administer this
  388  section.
  389         Section 7. Subsection (1) and paragraph (f) of subsection
  390  (4) of section 1003.621, Florida Statutes, are amended to read:
  391         1003.621 Academically high-performing school districts.—It
  392  is the intent of the Legislature to recognize and reward school
  393  districts that demonstrate the ability to consistently maintain
  394  or improve their high-performing status. The purpose of this
  395  section is to provide high-performing school districts with
  396  flexibility in meeting the specific requirements in statute and
  397  rules of the State Board of Education.
  398         (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.—
  399         (a) The State Board of Education shall annually designate a
  400  school district as is an academically high-performing school
  401  district if the district it meets the following criteria:
  402         1.a. Beginning with the 2004-2005 school year, earns a
  403  grade of “A” under s. 1008.34(7) for 2 consecutive years; and
  404         b. Has no district-operated school that earns a grade of
  405  “F” under s. 1008.34;
  406         2. Complies with all class size requirements in s. 1, Art.
  407  IX of the State Constitution and s. 1003.03; and
  408         3. Has no material weaknesses or instances of material
  409  noncompliance noted in the annual financial audit conducted
  410  pursuant to s. 218.39.
  411         (b) Each school district that satisfies the eligibility
  412  criteria in this subsection shall be designated by The State
  413  Board of Education shall designate a school district as an
  414  academically high-performing school district at the next State
  415  Board of Education meeting occurring on or after February 1 of
  416  each year. The designation is effective beginning with the
  417  following school year and remains effective through the entire
  418  school year. With the exception of the statutes listed in
  419  subsection (2), upon designation as an academically high
  420  performing school district, each such district is exempt from
  421  the provisions in chapters 1000-1013 which pertain to school
  422  districts and rules of the State Board of Education which
  423  implement these exempt provisions. This exemption remains in
  424  effect during the time of the designation if the district
  425  continues to meet all eligibility criteria.
  426         (c)The academically high-performing school district shall
  427  retain the designation as a high-performing school district for
  428  3 years, at the end of which time the district may renew the
  429  designation if the district meets the requirements in this
  430  section. A school district that fails to meet the requirements
  431  in this section shall provide written notification to the State
  432  Board of Education that the district is no longer eligible to be
  433  designated as an academically high-performing school district.
  434         (c)(d) In order to annually maintain the designation as an
  435  academically high-performing school district pursuant to this
  436  section, a school district must meet the following requirements:
  437         1. Comply with the provisions of sub-subparagraph (a)1.b.
  438  and subparagraphs(a)2. and 3.; and
  439         2. Earn a grade of “A” under s. 1008.34(7) for 2 years
  440  within a 3-year period.
  441  
  442  However, a district in which a district-operated school earns a
  443  grade of “F” under s. 1008.34 during the 3-year period may not
  444  continue to be designated as an academically high-performing
  445  school district during the remainder of that 3-year period. The
  446  district must meet the criteria in paragraph (a) in order to be
  447  redesignated as an academically high-performing school district.
  448         (4) REPORTS.—The academically high-performing school
  449  district shall submit to the State Board of Education and the
  450  Legislature an annual report on December 1 which delineates the
  451  performance of the school district relative to the academic
  452  performance of students at each grade level in reading, writing,
  453  mathematics, science, and any other subject that is included as
  454  a part of the statewide assessment program in s. 1008.22. The
  455  annual report shall be submitted in a format prescribed by the
  456  Department of Education and shall include, but need not be
  457  limited to, the following:
  458         (f) A description of each statute and rule that the
  459  district did not comply with pursuant to paragraph (1)(b) and
  460  the effect that the exemption had upon the district's ability to
  461  consistently maintain or improve its high-performing status
  462  waiver and the status of each waiver.
  463         Section 8. Paragraph (c) of subsection (3) and paragraphs
  464  (b) and (c) of subsection (10) of section 1008.22, Florida
  465  Statutes, are amended to read:
  466         1008.22 Student assessment program for public schools.—
  467         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  468  design and implement a statewide program of educational
  469  assessment that provides information for the improvement of the
  470  operation and management of the public schools, including
  471  schools operating for the purpose of providing educational
  472  services to youth in Department of Juvenile Justice programs.
  473  The commissioner may enter into contracts for the continued
  474  administration of the assessment, testing, and evaluation
  475  programs authorized and funded by the Legislature. Contracts may
  476  be initiated in 1 fiscal year and continue into the next and may
  477  be paid from the appropriations of either or both fiscal years.
  478  The commissioner is authorized to negotiate for the sale or
  479  lease of tests, scoring protocols, test scoring services, and
  480  related materials developed pursuant to law. Pursuant to the
  481  statewide assessment program, the commissioner shall:
  482         (c) Develop and implement a student achievement testing
  483  program known as the Florida Comprehensive Assessment Test
  484  (FCAT) as part of the statewide assessment program to measure a
  485  student’s content knowledge and skills in reading, writing,
  486  science, and mathematics. Other content areas may be included as
  487  directed by the commissioner. Comprehensive assessments of
  488  reading and mathematics shall be administered annually in grades
  489  3 through 10. Comprehensive assessments of writing and science
  490  shall be administered at least once at the elementary, middle,
  491  and high school levels. End-of-course assessments for a subject
  492  may be administered in addition to the comprehensive assessments
  493  required for that subject under this paragraph. An end-of-course
  494  assessment must be rigorous, statewide, standardized, and
  495  developed or approved by the department. The content knowledge
  496  and skills assessed by comprehensive and end-of-course
  497  assessments must be aligned to the core curricular content
  498  established in the Sunshine State Standards. The commissioner
  499  may select one or more nationally developed comprehensive
  500  examinations, which may include, but need not be limited to,
  501  examinations for a College Board Advanced Placement course,
  502  International Baccalaureate course, or Advanced International
  503  Certificate of Education course or industry-approved
  504  examinations to earn national industry certifications as defined
  505  in s. 1003.492, for use as end-of-course assessments under this
  506  paragraph, if the commissioner determines that the content
  507  knowledge and skills assessed by the examinations meet or exceed
  508  the grade level expectations for the core curricular content
  509  established for the course in the Next Generation Sunshine State
  510  Standards. The commissioner may collaborate with the American
  511  Diploma Project in the adoption or development of rigorous end
  512  of-course assessments that are aligned to the Next Generation
  513  Sunshine State Standards. The testing program must be designed
  514  as follows:
  515         1. The tests shall measure student skills and competencies
  516  adopted by the State Board of Education as specified in
  517  paragraph (a). The tests must measure and report student
  518  proficiency levels of all students assessed in reading, writing,
  519  mathematics, and science. The commissioner shall provide for the
  520  tests to be developed or obtained, as appropriate, through
  521  contracts and project agreements with private vendors, public
  522  vendors, public agencies, postsecondary educational
  523  institutions, or school districts. The commissioner shall obtain
  524  input with respect to the design and implementation of the
  525  testing program from state educators, assistive technology
  526  experts, and the public.
  527         2. The testing program shall be composed of criterion
  528  referenced tests that shall, to the extent determined by the
  529  commissioner, include test items that require the student to
  530  produce information or perform tasks in such a way that the core
  531  content knowledge and skills he or she uses can be measured.
  532         3. Beginning with the 2008-2009 school year, the
  533  commissioner shall discontinue administration of the selected
  534  response test items on the comprehensive assessments of writing.
  535  Beginning with the 2012-2013 school year, the comprehensive
  536  assessments of writing shall be composed of a combination of
  537  selected-response test items, short-response performance tasks,
  538  and extended-response performance tasks, which shall measure a
  539  student’s content knowledge of writing, including, but not
  540  limited to, paragraph and sentence structure, sentence
  541  construction, grammar and usage, punctuation, capitalization,
  542  spelling, parts of speech, verb tense, irregular verbs, subject
  543  verb agreement, and noun-pronoun agreement.
  544         4. A score shall be designated for each subject area
  545  tested, below which score a student’s performance is deemed
  546  inadequate. The school districts shall provide appropriate
  547  remedial instruction to students who score below these levels.
  548         5. Except as provided in s. 1003.428(8)(b) or s.
  549  1003.43(11)(b), students must earn a passing score on the grade
  550  10 assessment test described in this paragraph or attain
  551  concordant scores as described in subsection (10) in reading,
  552  writing, and mathematics to qualify for a standard high school
  553  diploma. Concordant scores earned before taking the grade 10
  554  FCAT for the first time in grade 10 may not be used to satisfy
  555  the requirement in this subparagraph. The State Board of
  556  Education shall designate a passing score for each part of the
  557  grade 10 assessment test. In establishing passing scores, the
  558  state board shall consider any possible negative impact of the
  559  test on minority students. The State Board of Education shall
  560  adopt rules which specify the passing scores for the grade 10
  561  FCAT. Any such rules, which have the effect of raising the
  562  required passing scores, shall apply only to students taking the
  563  grade 10 FCAT for the first time after such rules are adopted by
  564  the State Board of Education.
  565         6. Participation in the testing program is mandatory for
  566  all students attending public school, including students served
  567  in Department of Juvenile Justice programs, except as otherwise
  568  prescribed by the commissioner. A student who has not earned
  569  passing scores on the grade 10 assessment as provided in
  570  subparagraph 5. must participate in each retake of the
  571  assessment until the student earns a passing score or achieves a
  572  score on a standardized assessment which is concordant with
  573  passing scores pursuant to subsection (10). If a student does
  574  not participate in the statewide assessment, the district must
  575  notify the student’s parent and provide the parent with
  576  information regarding the implications of such nonparticipation.
  577  A parent must provide signed consent for a student to receive
  578  classroom instructional accommodations that would not be
  579  available or permitted on the statewide assessments and must
  580  acknowledge in writing that he or she understands the
  581  implications of such instructional accommodations. The State
  582  Board of Education shall adopt rules, based upon recommendations
  583  of the commissioner, for the provision of test accommodations
  584  for students in exceptional education programs and for students
  585  who have limited English proficiency. Accommodations that negate
  586  the validity of a statewide assessment are not allowable in the
  587  administration of the FCAT. However, instructional
  588  accommodations are allowable in the classroom if included in a
  589  student’s individual education plan. Students using
  590  instructional accommodations in the classroom that are not
  591  allowable as accommodations on the FCAT may have the FCAT
  592  requirement waived pursuant to the requirements of s.
  593  1003.428(8)(b) or s. 1003.43(11)(b).
  594         7. A student seeking an adult high school diploma must meet
  595  the same testing requirements that a regular high school student
  596  must meet.
  597         8. District school boards must provide instruction to
  598  prepare students to demonstrate proficiency in the core
  599  curricular content established in the Next Generation Sunshine
  600  State Standards adopted under s. 1003.41, including the core
  601  content knowledge and skills necessary for successful grade-to
  602  grade progression and high school graduation. If a student is
  603  provided with instructional accommodations in the classroom that
  604  are not allowable as accommodations in the statewide assessment
  605  program, as described in the test manuals, the district must
  606  inform the parent in writing and must provide the parent with
  607  information regarding the impact on the student’s ability to
  608  meet expected proficiency levels in reading, writing, and
  609  mathematics. The commissioner shall conduct studies as necessary
  610  to verify that the required core curricular content is part of
  611  the district instructional programs.
  612         9. District school boards must provide opportunities for
  613  students to demonstrate an acceptable level of performance on an
  614  alternative standardized assessment approved by the State Board
  615  of Education following enrollment in summer academies.
  616         10. The Department of Education must develop, or select,
  617  and implement a common battery of assessment tools that will be
  618  used in all juvenile justice programs in the state. These tools
  619  must accurately measure the core curricular content established
  620  in the Sunshine State Standards.
  621         11. For students seeking a special diploma pursuant to s.
  622  1003.438, the Department of Education must develop or select and
  623  implement an alternate assessment tool that accurately measures
  624  the core curricular content established in the Sunshine State
  625  Standards for students with disabilities under s. 1003.438.
  626         12. The Commissioner of Education shall establish schedules
  627  for the administration of statewide assessments and the
  628  reporting of student test results. The commissioner shall, by
  629  August 1 of each year, notify each school district in writing
  630  and publish on the department’s Internet website the testing and
  631  reporting schedules for, at a minimum, the school year following
  632  the upcoming school year. The testing and reporting schedules
  633  shall require that:
  634         a. There is the latest possible administration of statewide
  635  assessments and the earliest possible reporting to the school
  636  districts of student test results which is feasible within
  637  available technology and specific appropriations; however, test
  638  results must be made available no later than the final day of
  639  the regular school year for students.
  640         b. Beginning with the 2010-2011 school year, a
  641  comprehensive statewide assessment of writing is not
  642  administered earlier than the week of March 1 and a
  643  comprehensive statewide assessment of any other subject is not
  644  administered earlier than the week of April 15.
  645         c. A statewide standardized end-of-course assessment is
  646  administered within the last 2 weeks of the course.
  647  
  648  The commissioner may, based on collaboration and input from
  649  school districts, design and implement student testing programs,
  650  for any grade level and subject area, necessary to effectively
  651  monitor educational achievement in the state, including the
  652  measurement of educational achievement of the Sunshine State
  653  Standards for students with disabilities. Development and
  654  refinement of assessments shall include universal design
  655  principles and accessibility standards that will prevent any
  656  unintended obstacles for students with disabilities while
  657  ensuring the validity and reliability of the test. These
  658  principles should be applicable to all technology platforms and
  659  assistive devices available for the assessments. The field
  660  testing process and psychometric analyses for the statewide
  661  assessment program must include an appropriate percentage of
  662  students with disabilities and an evaluation or determination of
  663  the effect of test items on such students.
  664         (10) CONCORDANT SCORES FOR THE FCAT.—
  665         (b)In order to use a concordant subject area score
  666  pursuant to this subsection to satisfy the assessment
  667  requirement for a standard high school diploma as provided in s.
  668  1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
  669  take each subject area of the grade 10 FCAT a total of three
  670  times without earning a passing score. The requirements of this
  671  paragraph shall not apply to a new student who enters the
  672  Florida public school system in grade 12, who may either achieve
  673  a passing score on the FCAT or use an approved subject area
  674  concordant score to fulfill the graduation requirement.
  675         (b)(c) The State Board of Education may define by rule the
  676  allowable uses, other than to satisfy the high school graduation
  677  requirement, for concordant scores as described in this
  678  subsection. Such uses may include, but need not be limited to,
  679  achieving appropriate standardized test scores required for the
  680  awarding of Florida Bright Futures Scholarships and college
  681  placement.
  682         Section 9. Paragraph (b) of subsection (8) of section
  683  1008.25, Florida Statutes, is amended to read:
  684         1008.25 Public school student progression; remedial
  685  instruction; reporting requirements.—
  686         (8) ANNUAL REPORT.—
  687         (b) Each district school board must annually publish in the
  688  local newspaper or on the district school board's Internet
  689  website, and report in writing to the State Board of Education
  690  by October 1 September 1 of each year, the following information
  691  on the prior school year:
  692         1. The provisions of this section relating to public school
  693  student progression and the district school board's policies and
  694  procedures on student retention and promotion.
  695         2. By grade, the number and percentage of all students in
  696  grades 3 through 10 performing at Levels 1 and 2 on the reading
  697  portion of the FCAT.
  698         3. By grade, the number and percentage of all students
  699  retained in grades 3 through 10.
  700         4. Information on the total number of students who were
  701  promoted for good cause, by each category of good cause as
  702  specified in paragraph (6)(b).
  703         5. Any revisions to the district school board's policy on
  704  student retention and promotion from the prior year.
  705         Section 10. Section 1008.33, Florida Statutes, is amended
  706  to read:
  707         (Substantial rewording of section.
  708         See s. 1008.33, F.S., for present text.)
  709         1008.33Authority to enforce public school improvement.—
  710         (1)The state system of educational accountability
  711  requirements for public schools shall comply with the federal
  712  Elementary and Secondary Education Act, 20 U.S.C. s. 6301, et
  713  seq., and its implementing regulations if the State Board of
  714  Education evaluates and determines that the Elementary and
  715  Secondary Education Act, as amended, and its implementing
  716  regulations are consistent with the following principles:
  717         (a)The accountability system is applied equitably to all
  718  public schools in the state;
  719         (b)Florida residents are provided clear, simple, and
  720  complementary measures that gauge the performance of the state's
  721  public school system;
  722         (c)The Department of Education provides the assurances
  723  required by the federal Elementary and Secondary Education Act
  724  in order to maintain federal funding and achieve federal program
  725  authorization;
  726         (d)Roles and responsibilities are designated for improving
  727  performance at the school, school district, and state levels;
  728         (e)All children have a fair, equal, and significant
  729  opportunity to obtain a high-quality education and reach, at a
  730  minimum, proficiency on challenging academic achievement
  731  standards and academic assessments;
  732         (f)Schools are responsible for improving the academic
  733  achievement of all students and for identifying and turning
  734  around low-performing schools that have failed to provide a
  735  high-quality education to their students;
  736         (g)Resources are distributed and directed so as to make a
  737  difference to school districts and schools in which needs are
  738  the greatest;
  739         (h)State assessments are improved and strengthened to
  740  ensure that students are meeting academic achievement and
  741  content standards and increasing achievement overall; and
  742         (i)Student academic achievement is increased through
  743  strategies, including, but not limited to, improving teacher and
  744  principal quality and increasing the number of highly qualified
  745  teachers in the classroom and highly qualified principals and
  746  assistant principals in schools.
  747         (2)(a)The State Board of Education shall hold all public
  748  schools accountable for students performing at acceptable
  749  levels. The State Board of Education is responsible for a system
  750  of school improvement and accountability that assesses student
  751  performance by school, identifies schools in which students are
  752  not making adequate progress toward state standards, institutes
  753  appropriate measures for enforcing improvement, and provides
  754  rewards and sanctions based on performance.
  755         (b)The state system must provide uniform accountability
  756  for all schools, provide greater schoolwide assistance, direct
  757  support to schools in order to improve and sustain performance,
  758  focus on the performance of student subgroups, and enhance
  759  school performance.
  760         (3)The academic performance of all students has a
  761  significant effect on the state school system. Pursuant to Art.
  762  IX of the State Constitution, which prescribes the duty of the
  763  State Board of Education to supervise Florida's public school
  764  system, the State Board of Education shall equitably enforce the
  765  accountability requirements of the state school system and may
  766  impose state requirements on school districts in order to
  767  improve the academic performance of all districts, schools, and
  768  students based upon the provisions of the Florida K-20 Education
  769  Code, chapters 1000-1013.
  770         (a)For the purpose of determining whether any public
  771  school requires local or state action to achieve a sufficient
  772  level of school improvement, the Department of Education shall
  773  categorize a public school annually based on a school's grade,
  774  pursuant to s. 1008.34, student performance, and the rate of
  775  change in student performance in the areas of reading and
  776  mathematics, disaggregated into student subgroups. Student
  777  subgroups shall be based upon the subgroups set forth in 20
  778  U.S.C. s. 6311(b)(2)(c)(v)(II). Schools are subject to
  779  intervention strategies that address student performance,
  780  including, but not limited to, improvement planning, leadership
  781  quality, educator quality, professional development, curriculum
  782  alignment and pacing, continuous improvement, and monitoring
  783  plans and processes. The Department of Education may prescribe
  784  reporting requirements to review and monitor the progress of the
  785  schools.
  786         (b)The Department of Education shall apply the most
  787  intense intervention strategies to the lowest performing
  788  schools. The lowest performing schools are schools that:
  789         1.Have received a grade of “F” in the most recent school
  790  year and in 4 of the last 6 years; or
  791         2.Have received a grade of “D” or “F” in the most recent
  792  year and meet at least three of the following criteria:
  793         a.The percentage of students who are not proficient in
  794  reading has increased when compared to measurements taken 5
  795  years previously;
  796         b.The percentage of students who are not proficient in
  797  mathematics has increased when compared to measurements taken 5
  798  years previously;
  799         c.At least 65 percent of the school's students are not
  800  proficient in reading; or
  801         d.At least 65 percent of the school's students are not
  802  proficient in mathematics.
  803         (4)(a)For a school identified in the category of lowest
  804  performing schools, the school district must implement one of
  805  the following options by the beginning of the second year after
  806  such identification, unless the school exits the category
  807  pursuant to subsection (5) before such time:
  808         1.Convert the school to a district-managed turnaround
  809  school;
  810         2.Reassign students to another school and monitor progress
  811  of reassigned students;
  812         3.Close the school and authorize a sponsor to reopen the
  813  school as a charter school or multiple charter schools; or
  814         4.Contract with an outside entity to operate the school.
  815         (5)A school must make significant progress, as defined by
  816  rule, in order to advance to another category after the
  817  completion of the school year.
  818         (6)(a)The State Board of Education may impose a public
  819  reprimand upon a school district if the district deviates from
  820  or fails to implement any of the provisions of its improvement
  821  plan or this section.
  822         (b)If the deviation or failure to comply is repeated,
  823  continuous, or serious, the State Board of Education may
  824  withhold the transfer of all state funds generated by the
  825  students assigned to the school and allowable federal funds.
  826         (7)The Department of Education shall immediately implement
  827  the school improvement plan in accordance with this section.
  828         (8)The State Board of Education shall adopt rules pursuant
  829  to ss. 120.536(1) and 120.54 to implement this section by July
  830  1, 2010.
  831         Section 11. Paragraph (b) of subsection (3) of section
  832  1008.34, Florida Statutes, is amended to read:
  833         1008.34 School grading system; school report cards;
  834  district grade.—
  835         (3) DESIGNATION OF SCHOOL GRADES.—
  836         (b)1. A school's grade shall be based on a combination of:
  837         a. Student achievement scores, including achievement scores
  838  for students seeking a special diploma; performance of
  839  disaggregated student subgroups shall be included by the 2010
  840  2011 school year.
  841         b. Student learning gains as measured by annual FCAT
  842  assessments in grades 3 through 10; learning gains for students
  843  seeking a special diploma, as measured by an alternate
  844  assessment tool, shall be included not later than the 2009-2010
  845  school year.
  846         c. Improvement of the lowest 25th percentile of students in
  847  the school in reading, mathematics, or writing on the FCAT,
  848  unless these students are exhibiting satisfactory performance.
  849         2. Beginning with the 2009-2010 school year for schools
  850  comprised of high school grades 9, 10, 11, and 12, or grades 10,
  851  11, and 12, 50 percent of the school grade shall be based on a
  852  combination of the factors listed in sub-subparagraphs 1.a.-c.
  853  and the remaining 50 percent on the following factors:
  854         a. The high school graduation rate of the school;
  855         b. As valid data becomes available, the performance and
  856  participation of the school's students in College Board Advanced
  857  Placement courses, International Baccalaureate courses, dual
  858  enrollment courses, and Advanced International Certificate of
  859  Education courses; and the students' achievement of industry
  860  certification, as determined by the Agency for Workforce
  861  Innovation under s. 1003.492(2) in a career and professional
  862  academy, as described in s. 1003.493;
  863         c. Postsecondary readiness of the school's students as
  864  measured by the SAT, ACT, or the common placement test;
  865         d. The high school graduation rate of at-risk students who
  866  scored at Level 2 or lower on the grade 8 FCAT Reading and
  867  Mathematics examinations;
  868         e. As valid data becomes available, the performance of the
  869  school's students on statewide standardized end-of-course
  870  assessments administered under s. 1008.22; and
  871         f. The growth or decline in the components listed in sub
  872  subparagraphs a.-e. from year to year.
  873         Section 12. Subsection (4) of section 1008.36, Florida
  874  Statutes, is amended to read:
  875         1008.36 Florida School Recognition Program.—
  876         (4) All selected schools shall receive financial awards
  877  depending on the availability of funds appropriated and the
  878  number and size of schools selected to receive an award. Funds
  879  must be distributed to the school's fiscal agent and placed in
  880  the school's account and must be used for purposes listed in
  881  subsection (5) as determined jointly by the school's staff and
  882  school advisory council. If school staff and the school advisory
  883  council cannot reach agreement by February 1 November 1, the
  884  awards must be equally distributed to all classroom teachers
  885  currently teaching in the school.
  886  
  887  Notwithstanding statutory provisions to the contrary, incentive
  888  awards are not subject to collective bargaining.
  889         Section 13. This act shall take effect July 1, 2009.