Florida Senate - 2009                             CS for SB 2654
       
       
       
       By the Committee on Education Pre-K - 12; and Senators Altman
       and Wise
       
       
       
       581-05223A-09                                         20092654c1
    1                        A bill to be entitled                      
    2         An act relating to high school graduation; amending s.
    3         1003.428, F.S.; providing credit requirements for high
    4         school graduation with a standard diploma beginning
    5         with students entering grade 9 in the 2010-2011 school
    6         year and students entering grade 9 in the 2012-2013
    7         school year; deleting provisions relating to general
    8         requirements for high school graduation to conform to
    9         changes made by the act; creating s. 1003.4282, F.S.;
   10         providing for accommodations for students with
   11         disabilities for purposes of high school graduation;
   12         creating s. 1003.4287, F.S.; providing a short title;
   13         authorizing the award of a standard high school
   14         diploma to certain honorably discharged veterans;
   15         amending s. 1003.429, F.S.; requiring that students be
   16         advised of the availability of certain courses for
   17         purposes of an accelerated high school graduation
   18         option; amending s. 1003.43, F.S.; deleting provisions
   19         relating to general requirements for high school
   20         graduation to conform to changes made by the act;
   21         amending s. 1007.263, F.S.; conforming a cross
   22         reference; amending s. 1008.22, F.S.; requiring
   23         passing scores on the grade 10 FCAT to meet grade
   24         level proficiency; conforming cross-references;
   25         amending s. 1009.531, F.S.; conforming provisions;
   26         providing an effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (a) of subsection (2) and subsections
   31  (5) through (11) of section 1003.428, Florida Statutes, are
   32  amended to read:
   33         1003.428 General requirements for high school graduation;
   34  revised.—
   35         (2) The 24 credits may be earned through applied,
   36  integrated, and combined courses approved by the Department of
   37  Education and shall be distributed as follows:
   38         (a) Sixteen core curriculum credits:
   39         1. Four credits in English, with major concentration in
   40  composition, reading for information, and literature.
   41         2. Four credits in mathematics, one of which must be
   42  Algebra I, a series of courses equivalent to Algebra I, or a
   43  higher-level mathematics course. Beginning with students
   44  entering grade 9 in the 2010-2011 school year, one of the four
   45  credits must be Algebra I or a series of courses equivalent to
   46  Algebra I as approved by the State Board of Education, and one
   47  credit must be geometry or a series of courses equivalent to
   48  geometry as approved by the State Board of Education. Beginning
   49  with students entering grade 9 in the 2012-2013 school year, one
   50  of the four credits must be Algebra I or a series of courses
   51  equivalent to Algebra I as approved by the State Board of
   52  Education, one credit must be geometry or a series of courses
   53  equivalent to geometry as approved by the State Board of
   54  Education, and one credit must be Algebra II or a series of
   55  courses equivalent to Algebra II as approved by the State Board
   56  of Education. School districts are encouraged to set specific
   57  goals to increase enrollments in, and successful completion of,
   58  geometry and Algebra II.
   59         3. Three credits in science, two of which must have a
   60  laboratory component. Beginning with students entering grade 9
   61  in the 2010-2011 school year, one of the three credits must be
   62  Biology I or a series of courses equivalent to Biology I as
   63  approved by the State Board of Education, one credit must be a
   64  physical science or a series of courses equivalent to a physical
   65  science as approved by the State Board of Education, and one
   66  credit must be a higher-level science course. At least two of
   67  the science courses must have a laboratory component. Beginning
   68  with students entering grade 9 in the 2012-2013 school year, one
   69  of the three credits must be Biology I or a series of courses
   70  equivalent to Biology I as approved by the State Board of
   71  Education, one credit must be chemistry or physics, or a series
   72  of courses equivalent to chemistry or physics, as approved by
   73  the State Board of Education, and one credit must be a higher
   74  level science course. At least two of the science courses must
   75  have a laboratory component.
   76         4. Three credits in social studies as follows: one credit
   77  in American history; one credit in world history; one-half
   78  credit in economics; and one-half credit in American government.
   79         5. One credit in fine or performing arts, speech and
   80  debate, or a practical arts course that incorporates artistic
   81  content and techniques of creativity, interpretation, and
   82  imagination. Eligible practical arts courses shall be identified
   83  through the Course Code Directory.
   84         6. One credit in physical education to include integration
   85  of health. Participation in an interscholastic sport at the
   86  junior varsity or varsity level for two full seasons shall
   87  satisfy the one-credit requirement in physical education if the
   88  student passes a competency test on personal fitness with a
   89  score of “C” or better. The competency test on personal fitness
   90  must be developed by the Department of Education. A district
   91  school board may not require that the one credit in physical
   92  education be taken during the 9th grade year. Completion of one
   93  semester with a grade of “C” or better in a marching band class,
   94  in a physical activity class that requires participation in
   95  marching band activities as an extracurricular activity, or in a
   96  dance class shall satisfy one-half credit in physical education
   97  or one-half credit in performing arts. This credit may not be
   98  used to satisfy the personal fitness requirement or the
   99  requirement for adaptive physical education under an individual
  100  education plan (IEP) or 504 plan. Completion of 2 years in a
  101  Reserve Officer Training Corps (R.O.T.C.) class, a significant
  102  component of which is drills, shall satisfy the one-credit
  103  requirement in physical education and the one-credit requirement
  104  in performing arts. This credit may not be used to satisfy the
  105  personal fitness requirement or the requirement for adaptive
  106  physical education under an individual education plan (IEP) or
  107  504 plan.
  108         (5)The State Board of Education, after a public hearing
  109  and consideration, shall adopt rules based upon the
  110  recommendations of the commissioner for the provision of test
  111  accommodations and modifications of procedures as necessary for
  112  students with disabilities which will demonstrate the student’s
  113  abilities rather than reflect the student’s impaired sensory,
  114  manual, speaking, or psychological process skills.
  115         (6)The public hearing and consideration required in
  116  subsection (5) shall not be construed to amend or nullify the
  117  requirements of security relating to the contents of
  118  examinations or assessment instruments and related materials or
  119  data as prescribed in s. 1008.23.
  120         (5)(7)(a) A student who meets all requirements prescribed
  121  in subsections (1), (2), (3), and (4) shall be awarded a
  122  standard diploma in a form prescribed by the State Board of
  123  Education.
  124         (b) A student who completes the minimum number of credits
  125  and other requirements prescribed by subsections (1), (2), and
  126  (3), but who is unable to meet the standards of paragraph
  127  (4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded
  128  a certificate of completion in a form prescribed by the State
  129  Board of Education. However, any student who is otherwise
  130  entitled to a certificate of completion may elect to remain in
  131  the secondary school either as a full-time student or a part
  132  time student for up to 1 additional year and receive special
  133  instruction designed to remedy his or her identified
  134  deficiencies.
  135         (8)(a)Each district school board must provide instruction
  136  to prepare students with disabilities to demonstrate proficiency
  137  in the core content knowledge and skills necessary for
  138  successful grade-to-grade progression and high school
  139  graduation.
  140         (b)A student with a disability, as defined in s.
  141  1007.02(2), for whom the individual education plan (IEP)
  142  committee determines that the FCAT cannot accurately measure the
  143  student’s abilities taking into consideration all allowable
  144  accommodations, shall have the FCAT requirement of paragraph
  145  (4)(b) waived for the purpose of receiving a standard high
  146  school diploma, if the student:
  147         1.Completes the minimum number of credits and other
  148  requirements prescribed by subsections (1), (2), and (3).
  149         2.Does not meet the requirements of paragraph (4)(b) after
  150  one opportunity in 10th grade and one opportunity in 11th grade.
  151         (9)The Commissioner of Education may award a standard high
  152  school diploma to honorably discharged veterans who started high
  153  school between 1937 and 1946 and were scheduled to graduate
  154  between 1941 and 1950 but were inducted into the United States
  155  Armed Forces between September 16, 1940, and December 31, 1946,
  156  prior to completing the necessary high school graduation
  157  requirements. Upon the recommendation of the commissioner, the
  158  State Board of Education may develop criteria and guidelines for
  159  awarding such diplomas.
  160         (10)The Commissioner of Education may award a standard
  161  high school diploma to honorably discharged veterans who started
  162  high school between 1946 and 1950 and were scheduled to graduate
  163  between 1950 and 1954, but were inducted into the United States
  164  Armed Forces between June 27, 1950, and January 31, 1955, and
  165  served during the Korean Conflict prior to completing the
  166  necessary high school graduation requirements. Upon the
  167  recommendation of the commissioner, the State Board of Education
  168  may develop criteria and guidelines for awarding such diplomas.
  169         (6)(11) The State Board of Education may adopt rules
  170  pursuant to ss. 120.536(1) and 120.54 to implement the
  171  provisions of this section and may enforce the provisions of
  172  this section pursuant to s. 1008.32.
  173         Section 2. Section 1003.4282, Florida Statutes, is created
  174  to read:
  175         1003.4282Accommodations for students with disabilities;
  176  graduation requirements.—For purposes of high school graduation:
  177         (1)The State Board of Education, after a public hearing
  178  and consideration, shall adopt rules based upon the
  179  recommendations of the Commissioner of Education for the
  180  provision of test accommodations as necessary for students with
  181  disabilities which will demonstrate the student’s abilities
  182  rather than reflect the student’s impaired sensory, manual,
  183  speaking, or psychological process skills.
  184         (2)The public hearing and consideration required in
  185  subsection (1) shall not be construed to amend or nullify the
  186  requirements of security relating to the contents of
  187  examinations or assessment instruments and related materials or
  188  data as prescribed in s. 1008.23.
  189         (3)(a)Each district school board must provide instruction
  190  to prepare students with disabilities to demonstrate proficiency
  191  in the core content knowledge and skills necessary for
  192  successful grade-to-grade progression and high school
  193  graduation.
  194         (b)A student with a disability, as defined in s.
  195  1007.02(2), for whom the individual education plan committee
  196  determines that the FCAT cannot accurately measure the student’s
  197  abilities taking into consideration all allowable
  198  accommodations, shall have the FCAT requirement of s.
  199  1003.428(4)(b) or s. 1003.43(5)(a) waived for the purpose of
  200  receiving a high school diploma, if the student:
  201         1.Completes the minimum number of credits and other
  202  requirements prescribed in s. 1003.428(1)-(3) or s. 1003.43(1)
  203  and (4).
  204         2.Does not meet the FCAT requirements of s. 1003.428(4)(b)
  205  or s. 1003.43(5)(a) after one opportunity in grade 10 and one
  206  opportunity in grade 11.
  207         Section 3. Section 1003.4287, Florida Statutes, is created
  208  to read:
  209         1003.4287Recognition of veterans; high school diploma.—
  210         (1)This section may be cited as the “Corporal Larry E.
  211  Smedley Vietnam Veterans High School Diploma Act.”
  212         (2)The Commissioner of Education may award a standard high
  213  school diploma to honorably discharged veterans who started high
  214  school between 1937 and 1946 and were scheduled to graduate
  215  between 1941 and 1950 but were inducted into the United States
  216  Armed Forces between September 16, 1940, and December 31, 1946,
  217  prior to completing the necessary high school graduation
  218  requirements. Upon the recommendation of the commissioner, the
  219  State Board of Education may develop criteria and guidelines for
  220  awarding such diplomas.
  221         (3)The Commissioner of Education may award a standard high
  222  school diploma to honorably discharged veterans who started high
  223  school between 1946 and 1950 and were scheduled to graduate
  224  between 1949 and 1955 but were inducted into the United States
  225  Armed Forces between June 1949 and January 1955 and served
  226  during the Korean War prior to completing the necessary high
  227  school graduation requirements. Upon the recommendation of the
  228  commissioner, the State Board of Education may develop criteria
  229  and guidelines for awarding such diplomas.
  230         (4)The Commissioner of Education may award a standard high
  231  school diploma to honorably discharged veterans who were
  232  inducted into the United States Armed Forces during the Vietnam
  233  Era, as defined in s. 1.01(14), before completing the necessary
  234  high school graduation requirements. Upon the recommendation of
  235  the commissioner, the State Board of Education may develop
  236  criteria and guidelines for awarding such diplomas.
  237         Section 4. Paragraph (b) of subsection (1) of section
  238  1003.429, Florida Statutes, is 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         (b) Completion of a 3-year standard college preparatory
  245  program requiring successful completion of a minimum of 18
  246  academic credits in grades 9 through 12. At least 6 of the 18
  247  credits required for completion of this program must be received
  248  in classes that are offered pursuant to the International
  249  Baccalaureate Program, the Advanced Placement Program, dual
  250  enrollment, or the Advanced International Certificate of
  251  Education Program, or specifically listed or identified by the
  252  Department of Education as rigorous pursuant to s. 1009.531(3).
  253  Students must be advised of the Advanced Placement,
  254  International Baccalaureate, Advanced International Certificate
  255  of Education, career academy coursework that leads to national
  256  industry certification, and dual enrollment courses available,
  257  as well as the availability of course offerings through the
  258  Florida Virtual School. The 18 credits required for completion
  259  of this program shall be primary requirements and shall be
  260  distributed as follows:
  261         1. Four credits in English, with major concentration in
  262  composition and literature;
  263         2. Three credits in mathematics at the Algebra I level or
  264  higher from the list of courses that qualify for state
  265  university admission;
  266         3. Three credits in natural science, two of which must have
  267  a laboratory component;
  268         4. Three credits in social sciences, which must include one
  269  credit in American history, one credit in world history, one
  270  half credit in American government, and one-half credit in
  271  economics;
  272         5. Two credits in the same second language unless the
  273  student is a native speaker of or can otherwise demonstrate
  274  competency in a language other than English. If the student
  275  demonstrates competency in another language, the student may
  276  replace the language requirement with two credits in other
  277  academic courses; and
  278         6. Three credits in electives; or
  279  
  280  Any student who selected an accelerated graduation program
  281  before July 1, 2004, may continue that program, and all
  282  statutory program requirements that were applicable when the
  283  student made the program choice shall remain applicable to the
  284  student as long as the student continues that program.
  285         Section 5. Subsections (8) through (13) of section 1003.43,
  286  Florida Statutes, are amended to read:
  287         1003.43 General requirements for high school graduation.—
  288         (8)The State Board of Education, after a public hearing
  289  and consideration, shall adopt rules based upon the
  290  recommendations of the commissioner for the provision of test
  291  accommodations and modifications of procedures as necessary for
  292  students with disabilities which will demonstrate the student’s
  293  abilities rather than reflect the student’s impaired sensory,
  294  manual, speaking, or psychological process skills.
  295         (9)The public hearing and consideration required in
  296  subsection (8) shall not be construed to amend or nullify the
  297  requirements of security relating to the contents of
  298  examinations or assessment instruments and related materials or
  299  data as prescribed in s. 1008.23.
  300         (8)(10)(a) A student who meets all requirements prescribed
  301  in subsections (1), (4), and (5) shall be awarded a standard
  302  diploma in a form prescribed by the State Board of Education. A
  303  district school board may attach the Florida gold seal career
  304  endorsement to a standard diploma or, instead of the standard
  305  diploma, award differentiated diplomas to those exceeding the
  306  prescribed minimums.
  307         (b) A student who completes the minimum number of credits
  308  and other requirements prescribed by subsections (1) and (4),
  309  but who is unable to meet the standards of paragraph (5)(a),
  310  paragraph (5)(b), or paragraph (5)(c), shall be awarded a
  311  certificate of completion in a form prescribed by the State
  312  Board of Education. However, any student who is otherwise
  313  entitled to a certificate of completion may elect to remain in
  314  the secondary school either as a full-time student or a part
  315  time student for up to 1 additional year and receive special
  316  instruction designed to remedy his or her identified
  317  deficiencies.
  318         (11)(a)Each district school board must provide instruction
  319  to prepare students with disabilities to demonstrate proficiency
  320  in the core content knowledge and skills necessary for
  321  successful grade-to-grade progression and high school
  322  graduation.
  323         (b)A student with a disability, as defined in s.
  324  1007.02(2), for whom the individual educational plan (IEP)
  325  committee determines that the FCAT cannot accurately measure the
  326  student’s abilities taking into consideration all allowable
  327  accommodations, shall have the FCAT requirement of paragraph
  328  (5)(a) waived for the purpose of receiving a standard high
  329  school diploma, if the student:
  330         1.Completes the minimum number of credits and other
  331  requirements prescribed by subsections (1) and (4).
  332         2.Does not meet the requirements of paragraph (5)(a) after
  333  one opportunity in 10th grade and one opportunity in 11th grade.
  334         (12)The Commissioner of Education may award a standard
  335  high school diploma to honorably discharged veterans who started
  336  high school between 1937 and 1946 and were scheduled to graduate
  337  between 1941 and 1950 but were inducted into the United States
  338  Armed Forces between September 16, 1940, and December 31, 1946,
  339  prior to completing the necessary high school graduation
  340  requirements. Upon the recommendation of the commissioner, the
  341  State Board of Education may develop criteria and guidelines for
  342  awarding such diplomas.
  343         (13)The Commissioner of Education may award a standard
  344  high school diploma to honorably discharged veterans who started
  345  high school between 1946 and 1950 and were scheduled to graduate
  346  between 1949 and 1955, but were inducted into the United States
  347  Armed Forces between June 1949 and January 1955, and served
  348  during the Korean War prior to completing the necessary high
  349  school graduation requirements. Upon the recommendation of the
  350  commissioner, the State Board of Education may develop criteria
  351  and guidelines for awarding such diplomas.
  352         Section 6. Subsection (4) of section 1007.263, Florida
  353  Statutes, is amended to read:
  354         1007.263 Community colleges; admissions of students.—Each
  355  community college board of trustees is authorized to adopt rules
  356  governing admissions of students subject to this section and
  357  rules of the State Board of Education. These rules shall include
  358  the following:
  359         (4) A student who has been awarded a special diploma as
  360  defined in s. 1003.438 or a certificate of completion as defined
  361  in s. 1003.43(8)(10) is eligible to enroll in certificate career
  362  education programs.
  363  
  364  Each board of trustees shall establish policies that notify
  365  students about, and place students into, adult basic education,
  366  adult secondary education, or other instructional programs that
  367  provide students with alternatives to traditional college
  368  preparatory instruction, including private provider instruction.
  369  A student is prohibited from enrolling in additional college
  370  level courses until the student scores above the cut-score on
  371  all sections of the common placement test.
  372         Section 7. Paragraph (c) of subsection (3) of section
  373  1008.22, Florida Statutes, is amended to read:
  374         1008.22 Student assessment program for public schools.—
  375         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  376  design and implement a statewide program of educational
  377  assessment that provides information for the improvement of the
  378  operation and management of the public schools, including
  379  schools operating for the purpose of providing educational
  380  services to youth in Department of Juvenile Justice programs.
  381  The commissioner may enter into contracts for the continued
  382  administration of the assessment, testing, and evaluation
  383  programs authorized and funded by the Legislature. Contracts may
  384  be initiated in 1 fiscal year and continue into the next and may
  385  be paid from the appropriations of either or both fiscal years.
  386  The commissioner is authorized to negotiate for the sale or
  387  lease of tests, scoring protocols, test scoring services, and
  388  related materials developed pursuant to law. Pursuant to the
  389  statewide assessment program, the commissioner shall:
  390         (c) Develop and implement a student achievement testing
  391  program known as the Florida Comprehensive Assessment Test
  392  (FCAT) as part of the statewide assessment program to measure a
  393  student’s content knowledge and skills in reading, writing,
  394  science, and mathematics. Other content areas may be included as
  395  directed by the commissioner. Comprehensive assessments of
  396  reading and mathematics shall be administered annually in grades
  397  3 through 10. Comprehensive assessments of writing and science
  398  shall be administered at least once at the elementary, middle,
  399  and high school levels. End-of-course assessments for a subject
  400  may be administered in addition to the comprehensive assessments
  401  required for that subject under this paragraph. An end-of-course
  402  assessment must be rigorous, statewide, standardized, and
  403  developed or approved by the department. The content knowledge
  404  and skills assessed by comprehensive and end-of-course
  405  assessments must be aligned to the core curricular content
  406  established in the Sunshine State Standards. The commissioner
  407  may select one or more nationally developed comprehensive
  408  examinations, which may include, but need not be limited to,
  409  examinations for a College Board Advanced Placement course,
  410  International Baccalaureate course, or Advanced International
  411  Certificate of Education course or industry-approved
  412  examinations to earn national industry certifications as defined
  413  in s. 1003.492, for use as end-of-course assessments under this
  414  paragraph, if the commissioner determines that the content
  415  knowledge and skills assessed by the examinations meet or exceed
  416  the grade level expectations for the core curricular content
  417  established for the course in the Next Generation Sunshine State
  418  Standards. The commissioner may collaborate with the American
  419  Diploma Project in the adoption or development of rigorous end
  420  of-course assessments that are aligned to the Next Generation
  421  Sunshine State Standards. The testing program must be designed
  422  as follows:
  423         1. The tests shall measure student skills and competencies
  424  adopted by the State Board of Education as specified in
  425  paragraph (a). The tests must measure and report student
  426  proficiency levels of all students assessed in reading, writing,
  427  mathematics, and science. The commissioner shall provide for the
  428  tests to be developed or obtained, as appropriate, through
  429  contracts and project agreements with private vendors, public
  430  vendors, public agencies, postsecondary educational
  431  institutions, or school districts. The commissioner shall obtain
  432  input with respect to the design and implementation of the
  433  testing program from state educators, assistive technology
  434  experts, and the public.
  435         2. The testing program shall be composed of criterion
  436  referenced tests that shall, to the extent determined by the
  437  commissioner, include test items that require the student to
  438  produce information or perform tasks in such a way that the core
  439  content knowledge and skills he or she uses can be measured.
  440         3. Beginning with the 2008-2009 school year, the
  441  commissioner shall discontinue administration of the selected
  442  response test items on the comprehensive assessments of writing.
  443  Beginning with the 2012-2013 school year, the comprehensive
  444  assessments of writing shall be composed of a combination of
  445  selected-response test items, short-response performance tasks,
  446  and extended-response performance tasks, which shall measure a
  447  student’s content knowledge of writing, including, but not
  448  limited to, paragraph and sentence structure, sentence
  449  construction, grammar and usage, punctuation, capitalization,
  450  spelling, parts of speech, verb tense, irregular verbs, subject
  451  verb agreement, and noun-pronoun agreement.
  452         4. A score shall be designated for each subject area
  453  tested, below which score a student’s performance is deemed
  454  inadequate. The school districts shall provide appropriate
  455  remedial instruction to students who score below these levels.
  456         5. Except as provided in s. 1003.4282 1003.428(8)(b) or s.
  457  1003.43(11)(b), students must earn a passing score on the grade
  458  10 assessment test described in this paragraph or attain
  459  concordant scores as described in subsection (10) in reading,
  460  writing, and mathematics to qualify for a standard high school
  461  diploma. The State Board of Education shall designate a passing
  462  score for each part of the grade 10 assessment test. In
  463  establishing passing scores, the state board shall consider any
  464  possible negative impact of the test on minority students. The
  465  State Board of Education shall adopt rules which specify the
  466  passing scores for the grade 10 FCAT. Beginning in the 2011-2012
  467  school year, such passing scores must at a minimum meet grade
  468  level proficiency. Any such rules, which have the effect of
  469  raising the required passing scores, shall apply only to
  470  students taking the grade 10 FCAT for the first time after such
  471  rules are adopted by the State Board of Education.
  472         6. Participation in the testing program is mandatory for
  473  all students attending public school, including students served
  474  in Department of Juvenile Justice programs, except as otherwise
  475  prescribed by the commissioner. If a student does not
  476  participate in the statewide assessment, the district must
  477  notify the student’s parent and provide the parent with
  478  information regarding the implications of such nonparticipation.
  479  A parent must provide signed consent for a student to receive
  480  classroom instructional accommodations that would not be
  481  available or permitted on the statewide assessments and must
  482  acknowledge in writing that he or she understands the
  483  implications of such instructional accommodations. The State
  484  Board of Education shall adopt rules, based upon recommendations
  485  of the commissioner, for the provision of test accommodations
  486  for students in exceptional education programs and for students
  487  who have limited English proficiency. Accommodations that negate
  488  the validity of a statewide assessment are not allowable in the
  489  administration of the FCAT. However, instructional
  490  accommodations are allowable in the classroom if included in a
  491  student’s individual education plan. Students using
  492  instructional accommodations in the classroom that are not
  493  allowable as accommodations on the FCAT may have the FCAT
  494  requirement waived pursuant to the requirements of s. 1003.4282
  495  1003.428(8)(b) or s. 1003.43(11)(b).
  496         7. A student seeking an adult high school diploma must meet
  497  the same testing requirements that a regular high school student
  498  must meet.
  499         8. District school boards must provide instruction to
  500  prepare students to demonstrate proficiency in the core
  501  curricular content established in the Next Generation Sunshine
  502  State Standards adopted under s. 1003.41, including the core
  503  content knowledge and skills necessary for successful grade-to
  504  grade progression and high school graduation. If a student is
  505  provided with instructional accommodations in the classroom that
  506  are not allowable as accommodations in the statewide assessment
  507  program, as described in the test manuals, the district must
  508  inform the parent in writing and must provide the parent with
  509  information regarding the impact on the student’s ability to
  510  meet expected proficiency levels in reading, writing, and
  511  mathematics. The commissioner shall conduct studies as necessary
  512  to verify that the required core curricular content is part of
  513  the district instructional programs.
  514         9. District school boards must provide opportunities for
  515  students to demonstrate an acceptable level of performance on an
  516  alternative standardized assessment approved by the State Board
  517  of Education following enrollment in summer academies.
  518         10. The Department of Education must develop, or select,
  519  and implement a common battery of assessment tools that will be
  520  used in all juvenile justice programs in the state. These tools
  521  must accurately measure the core curricular content established
  522  in the Sunshine State Standards.
  523         11. For students seeking a special diploma pursuant to s.
  524  1003.438, the Department of Education must develop or select and
  525  implement an alternate assessment tool that accurately measures
  526  the core curricular content established in the Sunshine State
  527  Standards for students with disabilities under s. 1003.438.
  528         12. The Commissioner of Education shall establish schedules
  529  for the administration of statewide assessments and the
  530  reporting of student test results. The commissioner shall, by
  531  August 1 of each year, notify each school district in writing
  532  and publish on the department’s Internet website the testing and
  533  reporting schedules for, at a minimum, the school year following
  534  the upcoming school year. The testing and reporting schedules
  535  shall require that:
  536         a. There is the latest possible administration of statewide
  537  assessments and the earliest possible reporting to the school
  538  districts of student test results which is feasible within
  539  available technology and specific appropriations; however, test
  540  results must be made available no later than the final day of
  541  the regular school year for students.
  542         b. Beginning with the 2010-2011 school year, a
  543  comprehensive statewide assessment of writing is not
  544  administered earlier than the week of March 1 and a
  545  comprehensive statewide assessment of any other subject is not
  546  administered earlier than the week of April 15.
  547         c. A statewide standardized end-of-course assessment is
  548  administered within the last 2 weeks of the course.
  549  
  550  The commissioner may, based on collaboration and input from
  551  school districts, design and implement student testing programs,
  552  for any grade level and subject area, necessary to effectively
  553  monitor educational achievement in the state, including the
  554  measurement of educational achievement of the Sunshine State
  555  Standards for students with disabilities. Development and
  556  refinement of assessments shall include universal design
  557  principles and accessibility standards that will prevent any
  558  unintended obstacles for students with disabilities while
  559  ensuring the validity and reliability of the test. These
  560  principles should be applicable to all technology platforms and
  561  assistive devices available for the assessments. The field
  562  testing process and psychometric analyses for the statewide
  563  assessment program must include an appropriate percentage of
  564  students with disabilities and an evaluation or determination of
  565  the effect of test items on such students.
  566         Section 8. Paragraph (b) of subsection (1) of section
  567  1009.531, Florida Statutes, is amended to read:
  568         1009.531 Florida Bright Futures Scholarship Program;
  569  student eligibility requirements for initial awards.—
  570         (1) Effective January 1, 2008, in order to be eligible for
  571  an initial award from any of the three types of scholarships
  572  under the Florida Bright Futures Scholarship Program, a student
  573  must:
  574         (b) Earn a standard Florida high school diploma or its
  575  equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
  576  or s. 1003.435 unless:
  577         1. The student completes a home education program according
  578  to s. 1002.41; or
  579         2. The student earns a high school diploma from a non
  580  Florida school while living with a parent or guardian who is on
  581  military or public service assignment away from Florida.
  582         Section 9. This act shall take effect July 1, 2009.