CS/HB 543

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

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