HB 663

1	A bill to be entitled
2	An act relating to the Florida Comprehensive Assessment
3	Test; amending s. 1003.03, F.S.; removing the requirement
4	that a district school board adopt policies for meeting
5	class size maximums which allow a student to graduate from
6	high school if the student passes the grade 10 FCAT;
7	amending s. 1003.428, F.S.; removing the requirement that
8	a student earn a passing score on the FCAT or alternative
9	assessment to graduate from high school; amending s.
10	1003.429, F.S.; removing the requirement that a student
11	pursuing an accelerated 3-year high school graduation earn
12	a passing score on the FCAT or alternative assessment;
13	amending s. 1003.43, F.S.; conforming provisions to
14	changes made by the act; amending s. 1003.433, F.S.;
15	conforming provisions to changes made by the act relating
16	to out-of-state and out-of-country transfer students and
17	students needing additional instruction to meet the
18	requirements for high school graduation; amending s.
19	1008.22, F.S.; conforming provisions to changes made by
20	the act relating to the statewide assessment program;
21	amending s. 1008.25, F.S.; removing provisions relating to
22	the mandatory retention of a student in grade 3 who does
23	not meet the proficiency level required on the reading
24	portion of the FCAT; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Paragraph (c) of subsection (3) of section
29	1003.03, Florida Statutes, is amended to read:
30	1003.03  Maximum class size.--
31	(3)  IMPLEMENTATION OPTIONS.--District school boards must
32	consider, but are not limited to, implementing the following
33	items in order to meet the constitutional class size maximums
34	described in subsection (1) and the two-student-per-year
35	reduction required in subsection (2):
36	(c)1.  Repeal district school board policies that require
37	students to have more than 24 credits to graduate from high
38	school.
39	2.  Adopt policies that to allow students to graduate from
40	high school as soon as they pass the grade 10 FCAT and complete
41	the courses required for high school graduation.
42	Section 2.  Subsection (4), paragraph (b) of subsection
43	(7), and subsection (8) of section 1003.428, Florida Statutes,
44	are amended to read:
45	1003.428  General requirements for high school graduation;
46	revised.--
47	(4)  Each district school board shall establish standards
48	for graduation from its schools, which must include:
49	(a)  Successful completion of the academic credit or
50	curriculum requirements of subsections (1) and (2).
51	(b)  Earning passing scores on the FCAT, as defined in s.
52	1008.22(3)(c), or scores on a standardized test that are
53	concordant with passing scores on the FCAT as defined in s.
54	1008.22(10).
55	(b)(c)  Completion of all other applicable requirements
56	prescribed by the district school board pursuant to s. 1008.25.
57	(c)(d)  Achievement of a cumulative grade point average of
58	2.0 on a 4.0 scale, or its equivalent, in the courses required
59	by this section.
60
61	Each district school board shall adopt policies designed to
62	assist students in meeting the requirements of this subsection.
63	These policies may include, but are not limited to: forgiveness
64	policies, summer school or before or after school attendance,
65	special counseling, volunteer volunteers or peer tutors, school-
66	sponsored help sessions, homework hotlines, and study skills
67	classes. Forgiveness policies for required courses shall be
68	limited to replacing a grade of "D" or "F," or the equivalent of
69	a grade of "D" or "F," with a grade of "C" or higher, or the
70	equivalent of a grade of "C" or higher, earned subsequently in
71	the same or comparable course. Forgiveness policies for elective
72	courses shall be limited to replacing a grade of "D" or "F," or
73	the equivalent of a grade of "D" or "F," with a grade of "C" or
74	higher, or the equivalent of a grade of "C" or higher, earned
75	subsequently in another course. The only exception to these
76	forgiveness policies shall be made for a student in the middle
77	grades who takes any high school course for high school credit
78	and earns a grade of "C," "D," or "F" or the equivalent of a
79	grade of "C," "D," or "F." In such case, the district
80	forgiveness policy must allow the replacement of the grade with
81	a grade of "C" or higher, or the equivalent of a grade of "C" or
82	higher, earned subsequently in the same or comparable course. In
83	all cases of grade forgiveness, only the new grade shall be used
84	in the calculation of the student's grade point average. Any
85	course grade not replaced according to a district school board
86	forgiveness policy shall be included in the calculation of the
87	cumulative grade point average required for graduation.
88	(7)
89	(b)  A student who completes the minimum number of credits
90	and other requirements prescribed by subsections (1), (2), and
91	(3), but who is unable to meet the standards of paragraph (4)(b)
92	or, paragraph (4)(c), or paragraph (4)(d), shall be awarded a
93	certificate of completion in a form prescribed by the State
94	Board of Education. However, any student who is otherwise
95	entitled to a certificate of completion may elect to remain in
96	the secondary school either as a full-time student or a part-
97	time student for up to 1 additional year and receive special
98	instruction designed to remedy his or her identified
99	deficiencies.
100	(8)(a)  Each district school board must provide instruction
101	to prepare students with disabilities to demonstrate proficiency
102	in the core content knowledge and skills necessary for
103	successful grade-to-grade progression and high school
104	graduation.
105	(b)  A student with a disability, as defined in s.
106	1007.02(2), for whom the individual education plan (IEP)
107	committee determines that the FCAT cannot accurately measure the
108	student's abilities taking into consideration all allowable
109	accommodations, shall have the FCAT requirement of paragraph
110	(4)(b) waived for the purpose of receiving a standard high
111	school diploma, if the student:
112	1.  Completes the minimum number of credits and other
113	requirements prescribed by subsections (1), (2), and (3).
114	2.  Does not meet the requirements of paragraph (4)(b)
115	after one opportunity in 10th grade and one opportunity in 11th
116	grade.
117	Section 3.  Subsections (6), (7), and (8) of section
118	1003.429, Florida Statutes, are amended to read:
119	1003.429  Accelerated high school graduation options.--
120	(6)  Students pursuing accelerated 3-year high school
121	graduation options pursuant to paragraph (1)(b) or paragraph
122	(1)(c) are required to:
123	(a)  Earn passing scores on the FCAT as defined in s.
124	1008.22(3)(c) or scores on a standardized test that are
125	concordant with passing scores on the FCAT as defined in s.
126	1008.22(10).
127	(a)(b)1.  Achieve a cumulative weighted grade point average
128	of 3.5 on a 4.0 scale, or its equivalent, in the courses
129	required for the college preparatory accelerated 3-year high
130	school graduation option pursuant to paragraph (1)(b); or
131	2.  Achieve a cumulative weighted grade point average of
132	3.0 on a 4.0 scale, or its equivalent, in the courses required
133	for the career preparatory accelerated 3-year high school
134	graduation option pursuant to paragraph (1)(c).
135	(b)(c)  Receive a weighted or unweighted grade that earns
136	at least 3.0 points, or its equivalent, to earn course credit
137	toward the 18 credits required for the college preparatory
138	accelerated 3-year high school graduation option pursuant to
139	paragraph (1)(b).
140	(c)(d)  Receive a weighted or unweighted grade that earns
141	at least 2.0 points, or its equivalent, to earn course credit
142	toward the 18 credits required for the career preparatory
143	accelerated 3-year high school graduation option pursuant to
144	paragraph (1)(c).
145
146	Weighted grades referred to in paragraphs (b), (c), and (d)
147	shall be applied to those courses specifically listed or
148	identified by the department as rigorous pursuant to s.
149	1009.531(3) or weighted by the district school board for class
150	ranking purposes.
151	(7)  If, at the end of grade 10, a student is not on track
152	to meet the credit, assessment, or grade-point-average
153	requirements of the accelerated graduation option selected, the
154	school shall notify the student and parent of the following:
155	(a)  The requirements that the student is not currently
156	meeting.
157	(b)  The specific performance necessary in grade 11 for the
158	student to meet the accelerated graduation requirements.
159	(c)  The right of the student to change to the 4-year
160	program set forth in s. 1003.43.
161	(8)  A student who selected one of the accelerated 3-year
162	graduation options shall automatically move to the 4-year
163	program set forth in s. 1003.43 if the student:
164	(a)  Exercises his or her right to change to the 4-year
165	program;
166	(b)  Fails to earn 5 credits by the end of grade 9 or fails
167	to earn 11 credits by the end of grade 10;
168	(c)  Does not achieve a score of 3 or higher on the grade
169	10 FCAT Writing assessment; or
170	(c)(d)  By the end of grade 11 does not meet the
171	requirements of subsections (1) and (6).
172	Section 4.  Subsection (5), paragraph (b) of subsection
173	(10), and subsection (11) of section 1003.43, Florida Statutes,
174	are amended to read:
175	1003.43  General requirements for high school graduation.--
176	(5)  Each district school board shall establish standards
177	for graduation from its schools, and these standards must
178	include:
179	(a)  Earning passing scores on the FCAT, as defined in s.
180	1008.22(3)(c), or scores on a standardized test that are
181	concordant with passing scores on the FCAT as defined in s.
182	1008.22(10).
183	(a)(b)  Completion of all other applicable requirements
184	prescribed by the district school board pursuant to s. 1008.25.
185	(b)(c)  Achievement of a cumulative grade point average of
186	1.5 on a 4.0 scale, or its equivalent, for students entering 9th
187	grade before the 1997-1998 school year; however, these students
188	must earn a cumulative grade point average of 2.0 on a 4.0
189	scale, or its equivalent, in the courses required by subsection
190	(1) which that are taken after July 1, 1997, or have an overall
191	cumulative grade point average of 2.0 or above.
192	(c)(d)  Achievement of a cumulative grade point average of
193	2.0 on a 4.0 scale, or its equivalent, in the courses required
194	by subsection (1), for students entering 9th grade in the 1997-
195	1998 school year and thereafter.
196	(d)(e)  For purposes of paragraphs (b) (c) and (c) (d):
197	1.  Each district school board shall adopt policies
198	designed to assist students in meeting these requirements. These
199	policies may include, but are not limited to: forgiveness
200	policies, summer school or before or after school attendance,
201	special counseling, volunteer or and/or peer tutors, school-
202	sponsored help sessions, homework hotlines, and study skills
203	classes. Beginning in the 2000-2001 school year and each year
204	thereafter, forgiveness policies for required courses shall be
205	limited to replacing a grade of "D" or "F," or the equivalent of
206	a grade of "D" or "F," with a grade of "C" or higher, or the
207	equivalent of a grade of "C" or higher, earned subsequently in
208	the same or comparable course. Forgiveness policies for elective
209	courses shall be limited to replacing a grade of "D" or "F," or
210	the equivalent of a grade of "D" or "F," with a grade of "C" or
211	higher, or the equivalent of a grade of "C" or higher, earned
212	subsequently in another course. Any course grade not replaced
213	according to a district school board forgiveness policy shall be
214	included in the calculation of the cumulative grade point
215	average required for graduation.
216	2.  At the end of each semester, the parent of each student
217	in grades 9, 10, 11, and 12 who has a cumulative grade point
218	average of less than 0.5 above the cumulative grade point
219	average required for graduation shall be notified that the
220	student is at risk of not meeting the requirements for
221	graduation. The notice shall contain an explanation of the
222	policies the district school board has in place to assist the
223	student in meeting the grade point average requirement.
224	3.  Special assistance to obtain a high school equivalency
225	diploma pursuant to s. 1003.435 may be given only if when the
226	student has completed all requirements for graduation except the
227	attainment of the required cumulative grade point average.
228
229	The standards required in this subsection, and any subsequent
230	modifications, shall be reprinted in the Florida Administrative
231	Code even though not defined as "rules."
232	(10)
233	(b)  A student who completes the minimum number of credits
234	and other requirements prescribed by subsections (1) and (4),
235	but who is unable to meet the standards of paragraph (5)(a) or,
236	paragraph (5)(b), or paragraph (5)(c), shall be awarded a
237	certificate of completion in a form prescribed by the State
238	Board of Education. However, any student who is otherwise
239	entitled to a certificate of completion may elect to remain in
240	the secondary school either as a full-time student or a part-
241	time student for up to 1 additional year and receive special
242	instruction designed to remedy his or her identified
243	deficiencies.
244	(11)(a)  Each district school board must provide
245	instruction to prepare students with disabilities to demonstrate
246	proficiency in the core content knowledge and skills necessary
247	for successful grade-to-grade progression and high school
248	graduation.
249	(b)  A student with a disability, as defined in s.
250	1007.02(2), for whom the individual educational plan (IEP)
251	committee determines that the FCAT cannot accurately measure the
252	student's abilities taking into consideration all allowable
253	accommodations, shall have the FCAT requirement of paragraph
254	(5)(a) waived for the purpose of receiving a standard high
255	school diploma, if the student:
256	1.  Completes the minimum number of credits and other
257	requirements prescribed by subsections (1) and (4).
258	2.  Does not meet the requirements of paragraph (5)(a)
259	after one opportunity in 10th grade and one opportunity in 11th
260	grade.
261	Section 5.  Section 1003.433, Florida Statutes, is amended
262	to read:
263	1003.433  Learning opportunities for out-of-state and out-
264	of-country transfer students and students needing additional
265	instruction to meet high school graduation requirements.--
266	(1)  A student Students who enters enter a Florida public
267	school at the eleventh or twelfth grade from out of state or
268	from a foreign country may shall not be required to spend
269	additional time in a Florida public school in order to meet the
270	high school course requirements if the student has met all
271	requirements of the school district, state, or country from
272	which he or she is transferring. A student Such students who is
273	are not proficient in English should receive immediate and
274	intensive instruction in English language acquisition. However,
275	to receive a standard high school diploma, the a transfer
276	student must earn a 2.0 grade point average and pass the grade
277	10 FCAT required in s. 1008.22(3) or an alternate assessment as
278	described in s. 1008.22(10).
279	(2)  Students who have met all requirements for the
280	standard high school diploma except for passage of the grade 10
281	FCAT or an alternate assessment by the end of grade 12 must be
282	provided the following learning opportunities:
283	(a)  Participation in an accelerated high school
284	equivalency diploma preparation program during the summer.
285	(b)  Upon receipt of a certificate of completion, be
286	allowed to take the College Placement Test and be admitted to
287	remedial or credit courses at a state community college, as
288	appropriate.
289	(c)  Participation in an adult general education program as
290	provided in s. 1004.93 for such time as the student requires to
291	master English, reading, mathematics, or any other subject
292	required for high school graduation. Students attending adult
293	basic, adult secondary, or vocational-preparatory instruction
294	are exempt from any requirement for the payment of tuition and
295	fees, including lab fees, pursuant to s. 1009.25. A student
296	attending an adult general education program shall have the
297	opportunity to take the grade 10 FCAT an unlimited number of
298	times in order to receive a standard high school diploma.
299	(3)  Students who have been enrolled in an ESOL program for
300	less than 2 school years and have met all requirements for the
301	standard high school diploma except for passage of the grade 10
302	FCAT or alternate assessment may receive immersion English
303	language instruction during the summer following their senior
304	year. Students receiving such instruction are eligible to take
305	the FCAT or alternate assessment and receive a standard high
306	school diploma upon passage of the grade 10 FCAT or the
307	alternate assessment. This subsection shall be implemented to
308	the extent funding is provided in the General Appropriations
309	Act.
310	(2)(4)  The district school superintendent shall notify be
311	responsible for notifying all students of the consequences of
312	failing failure to receive a standard high school diploma,
313	including the potential ineligibility for financial assistance
314	at postsecondary educational institutions.
315	(3)(5)  The State Board of Education may adopt rules
316	pursuant to ss. 120.536(1) and 120.54 to administer this
317	section.
318	Section 6.  Paragraph (c) of subsection (1), paragraph (c)
319	of subsection (3), and subsections (6), (9), and (10) of section
320	1008.22, Florida Statutes, are amended to read:
321	1008.22  Student assessment program for public schools.--
322	(1)  PURPOSE.--The primary purposes of the student
323	assessment program are to provide information needed to improve
324	the public schools by enhancing the learning gains of all
325	students and to inform parents of the educational progress of
326	their public school children. The program must be designed to:
327	(c)  Identify the educational strengths and needs of
328	students and the readiness of students to be promoted to the
329	next grade level or to graduate from high school with a standard
330	or special high school diploma.
331	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
332	design and implement a statewide program of educational
333	assessment that provides information for the improvement of the
334	operation and management of the public schools, including
335	schools operating for the purpose of providing educational
336	services to youth in Department of Juvenile Justice programs.
337	The commissioner may enter into contracts for the continued
338	administration of the assessment, testing, and evaluation
339	programs authorized and funded by the Legislature. Contracts may
340	be initiated in 1 fiscal year and continue into the next and may
341	be paid from the appropriations of either or both fiscal years.
342	The commissioner is authorized to negotiate for the sale or
343	lease of tests, scoring protocols, test scoring services, and
344	related materials developed pursuant to law. Pursuant to the
345	statewide assessment program, the commissioner shall:
346	(c)  Develop and implement a student achievement testing
347	program known as the Florida Comprehensive Assessment Test
348	(FCAT) as part of the statewide assessment program to measure a
349	student's content knowledge and skills in reading, writing,
350	science, and mathematics. Other content areas may be included as
351	directed by the commissioner. Comprehensive assessments of
352	reading and mathematics shall be administered annually in grades
353	3 through 10. Comprehensive assessments of writing and science
354	shall be administered at least once at the elementary, middle,
355	and high school levels. End-of-course assessments for a subject
356	may be administered in addition to the comprehensive assessments
357	required for that subject under this paragraph. An end-of-course
358	assessment must be rigorous, statewide, standardized, and
359	developed or approved by the department. The content knowledge
360	and skills assessed by comprehensive and end-of-course
361	assessments must be aligned to the core curricular content
362	established in the Sunshine State Standards. The commissioner
363	may select one or more nationally developed comprehensive
364	examinations, which may include, but need not be limited to,
365	examinations for a College Board Advanced Placement course,
366	International Baccalaureate course, or Advanced International
367	Certificate of Education course or industry-approved
368	examinations to earn national industry certifications as defined
369	in s. 1003.492, for use as end-of-course assessments under this
370	paragraph, if the commissioner determines that the content
371	knowledge and skills assessed by the examinations meet or exceed
372	the grade level expectations for the core curricular content
373	established for the course in the Next Generation Sunshine State
374	Standards. The commissioner may collaborate with the American
375	Diploma Project in the adoption or development of rigorous end-
376	of-course assessments that are aligned to the Next Generation
377	Sunshine State Standards. The testing program must be designed
378	as follows:
379	1.  The tests shall measure student skills and competencies
380	adopted by the State Board of Education as specified in
381	paragraph (a). The tests must measure and report student
382	proficiency levels of all students assessed in reading, writing,
383	mathematics, and science. The commissioner shall provide for the
384	tests to be developed or obtained, as appropriate, through
385	contracts and project agreements with private vendors, public
386	vendors, public agencies, postsecondary educational
387	institutions, or school districts. The commissioner shall obtain
388	input with respect to the design and implementation of the
389	testing program from state educators, assistive technology
390	experts, and the public.
391	2.  The testing program shall be composed of criterion-
392	referenced tests that shall, to the extent determined by the
393	commissioner, include test items that require the student to
394	produce information or perform tasks in such a way that the core
395	content knowledge and skills he or she uses can be measured.
396	3.  Beginning with the 2008-2009 school year, the
397	commissioner shall discontinue administration of the selected-
398	response test items on the comprehensive assessments of writing.
399	Beginning with the 2012-2013 school year, the comprehensive
400	assessments of writing shall be composed of a combination of
401	selected-response test items, short-response performance tasks,
402	and extended-response performance tasks, which shall measure a
403	student's content knowledge of writing, including, but not
404	limited to, paragraph and sentence structure, sentence
405	construction, grammar and usage, punctuation, capitalization,
406	spelling, parts of speech, verb tense, irregular verbs, subject-
407	verb agreement, and noun-pronoun agreement.
408	4.  A score shall be designated for each subject area
409	tested, below which score a student's performance is deemed
410	inadequate. The school districts shall provide appropriate
411	remedial instruction to students who score below these levels.
412	5.  Except as provided in s. 1003.428(8)(b) or s.
413	1003.43(11)(b), students must earn a passing score on the grade
414	10 assessment test described in this paragraph or attain
415	concordant scores as described in subsection (10) in reading,
416	writing, and mathematics to qualify for a standard high school
417	diploma. The State Board of Education shall designate a passing
418	score for each part of the grade 10 assessment test. In
419	establishing passing scores, the state board shall consider any
420	possible negative impact of the test on minority students. The
421	State Board of Education shall adopt rules which specify the
422	passing scores for the grade 10 FCAT. Any such rules, which have
423	the effect of raising the required passing scores, shall apply
424	only to students taking the grade 10 FCAT for the first time
425	after such rules are adopted by the State Board of Education.
426	5.6.  Participation in the testing program is mandatory for
427	all students attending public school, including students served
428	in Department of Juvenile Justice programs, except as otherwise
429	prescribed by the commissioner. If a student does not
430	participate in the statewide assessment, the district must
431	notify the student's parent and provide the parent with
432	information regarding the implications of such nonparticipation.
433	A parent must provide signed consent for a student to receive
434	classroom instructional accommodations that would not be
435	available or permitted on the statewide assessments and must
436	acknowledge in writing that he or she understands the
437	implications of such instructional accommodations. The State
438	Board of Education shall adopt rules, based upon recommendations
439	of the commissioner, for the provision of test accommodations
440	for students in exceptional education programs and for students
441	who have limited English proficiency. Accommodations that negate
442	the validity of a statewide assessment are not permitted
443	allowable in the administration of the FCAT. However,
444	instructional accommodations are permitted allowable in the
445	classroom if included in a student's individual education plan.
446	Students using instructional accommodations in the classroom
447	that are not allowable as accommodations on the FCAT may have
448	the FCAT requirement waived pursuant to the requirements of s.
449	1003.428(8)(b) or s. 1003.43(11)(b).
450	7.  A student seeking an adult high school diploma must
451	meet the same testing requirements that a regular high school
452	student must meet.
453	6.8.  District school boards must provide instruction to
454	prepare students to demonstrate proficiency in the core
455	curricular content established in the Next Generation Sunshine
456	State Standards adopted pursuant to under s. 1003.41, including
457	the core content knowledge and skills necessary for successful
458	grade-to-grade progression and high school graduation. If a
459	student is provided with instructional accommodations in the
460	classroom that are not permitted allowable as accommodations in
461	the statewide assessment program, as described in the test
462	manuals, the district must inform the parent in writing and must
463	provide the parent with information regarding the impact on the
464	student's ability to meet expected proficiency levels in
465	reading, writing, and mathematics. The commissioner shall
466	conduct studies as necessary to verify that the required core
467	curricular content is part of the district instructional
468	programs.
469	7.9.  District school boards must provide opportunities for
470	students to demonstrate an acceptable level of performance on an
471	alternative standardized assessment approved by the State Board
472	of Education following enrollment in summer academies.
473	8.10.  The Department of Education must develop, or select,
474	and implement a common battery of assessment tools that will be
475	used in all juvenile justice programs in the state. These tools
476	must accurately measure the core curricular content established
477	in the Sunshine State Standards.
478	9.11.  For students with disabilities who are seeking a
479	special diploma pursuant to s. 1003.438, the Department of
480	Education must develop or select and implement an alternate
481	assessment tool that accurately measures the core curricular
482	content established in the Sunshine State Standards for students
483	with disabilities under s. 1003.438.
484	10.12.  The Commissioner of Education shall establish
485	schedules for the administration of statewide assessments and
486	the reporting of student test results. The commissioner shall,
487	by August 1 of each year, notify each school district in writing
488	and publish on the department's Internet website the testing and
489	reporting schedules for, at a minimum, the school year following
490	the upcoming school year. The testing and reporting schedules
491	must shall require that:
492	a.  There is the latest possible administration of
493	statewide assessments and the earliest possible reporting to the
494	school districts of student test results which is feasible
495	within available technology and specific appropriations;
496	however, test results must be made available no later than the
497	final day of the regular school year for students.
498	b.  Beginning with the 2010-2011 school year, a
499	comprehensive statewide assessment of writing is not
500	administered earlier than the week of March 1 and a
501	comprehensive statewide assessment of any other subject is not
502	administered earlier than the week of April 15.
503	c.  A statewide standardized end-of-course assessment is
504	administered within the last 2 weeks of the course.
505
506	The commissioner may, based on collaboration and input from
507	school districts, design and implement student testing programs,
508	for any grade level and subject area, necessary to effectively
509	monitor educational achievement in the state, including the
510	measurement of educational achievement of the Sunshine State
511	Standards for students with disabilities. Development and
512	refinement of assessments shall include universal design
513	principles and accessibility standards that will prevent any
514	unintended obstacles for students with disabilities while
515	ensuring the validity and reliability of the test. These
516	principles must apply should be applicable to all technology
517	platforms and assistive devices available for the assessments.
518	The field testing process and psychometric analyses for the
519	statewide assessment program must include an appropriate
520	percentage of students with disabilities and an evaluation or
521	determination of the effect of test items on such students.
522	(6)  SCHOOL TESTING PROGRAMS.--Each public school shall
523	participate in the statewide assessment program in accordance
524	with the testing and reporting schedules published by the
525	Commissioner of Education under subparagraph (3)(c)10.12. unless
526	specifically exempted by state board rule based on serving a
527	specialized population for which standardized testing is not
528	appropriate. Student performance data shall be analyzed and
529	reported to parents, the community, and the state. Student
530	performance data shall be used in developing objectives of the
531	school improvement plan, evaluation of instructional personnel,
532	evaluation of administrative personnel, assignment of staff,
533	allocation of resources, acquisition of instructional materials
534	and technology, performance-based budgeting, and promotion and
535	assignment of students into educational programs. The analysis
536	of student performance data also must identify strengths and
537	needs in the educational program and trends over time. The
538	analysis must be used in conjunction with the budgetary planning
539	processes developed pursuant to s. 1008.385 and the development
540	of the programs of remediation.
541	(9)  APPLICABILITY OF TESTING STANDARDS.--
542	(a)  If the Commissioner of Education revises a statewide
543	assessment and the revisions require the State Board of
544	Education to modify the assessment's proficiency levels or
545	modify the passing scores required for a standard high school
546	diploma, until the state board adopts the modifications by rule,
547	the commissioner shall use calculations for scoring the
548	assessment which adjust student scores on the revised assessment
549	for statistical equivalence to student scores on the former
550	assessment.
551	(b)  A student must attain the passing scores on the
552	statewide assessment required for a standard high school diploma
553	which are in effect at the time the student enters grade 9 if
554	the student's enrollment is continuous.
555	(c)  If the commissioner revises a statewide assessment and
556	the revisions require the State Board of Education to modify the
557	passing scores required for a standard high school diploma, the
558	commissioner may, with approval of the state board, discontinue
559	administration of the former assessment upon the graduation,
560	based on normal student progression, of students participating
561	in the final regular administration of the former assessment.
562	The state board shall adopt by rule passing scores for the
563	revised assessment which are statistically equivalent to passing
564	scores on the discontinued assessment for a student required
565	under paragraph (b) to attain passing scores on the discontinued
566	assessment.
567	(10)  CONCORDANT SCORES FOR THE FCAT.--
568	(a)  The State Board of Education shall analyze the content
569	and concordant data sets for widely used high school achievement
570	tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
571	and College Placement Test, to assess if concordant scores for
572	FCAT scores can be determined for high school graduation,
573	college placement, and scholarship awards. In cases where
574	content alignment and concordant scores can be determined, the
575	Commissioner of Education shall adopt those scores as meeting
576	the graduation requirement in lieu of achieving the FCAT passing
577	score and may adopt those scores as being sufficient to achieve
578	additional purposes as determined by rule. Each time that test
579	content or scoring procedures change for the FCAT or for a high
580	school achievement test for which a concordant score is
581	determined, new concordant scores must be determined.
582	(b)  In order to use a concordant subject area score
583	pursuant to this subsection to satisfy the assessment
584	requirement for a standard high school diploma as provided in s.
585	1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
586	take each subject area of the grade 10 FCAT a total of three
587	times without earning a passing score. The requirements of this
588	paragraph shall not apply to a new student who enters the
589	Florida public school system in grade 12, who may either achieve
590	a passing score on the FCAT or use an approved subject area
591	concordant score to fulfill the graduation requirement.
592	(b)(c)  The State Board of Education may define by rule the
593	allowable uses, other than to satisfy the high school graduation
594	requirement, for concordant scores as described in this
595	subsection. Such uses may include, but need not be limited to,
596	achieving appropriate standardized test scores required for the
597	awarding of Florida Bright Futures Scholarships and college
598	placement.
599	Section 7.  Subsections (3), (5), (6), and (7) of section
600	1008.25, Florida Statutes, are amended to read:
601	1008.25  Public school student progression; remedial
602	instruction; reporting requirements.--
603	(3)  ALLOCATION OF RESOURCES.--District school boards shall
604	allocate remedial and supplemental instruction resources to
605	students in the following priority:
606	(a)  Students who are deficient in reading by the end of
607	grade 3.
608	(b)  Students who fail to meet performance levels required
609	for promotion consistent with the district school board's plan
610	for student progression required in paragraph (2)(b).
611	(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--
612	(a)  It is the ultimate goal of the Legislature that every
613	student read at or above grade level. Any student who exhibits a
614	substantial deficiency in reading, based upon locally determined
615	or statewide assessments conducted in kindergarten or grade 1,
616	grade 2, or grade 3, or through teacher observations, must be
617	given intensive reading instruction immediately following the
618	identification of the reading deficiency. The student's reading
619	proficiency must be reassessed by locally determined assessments
620	or through teacher observations at the beginning of the grade
621	following the intensive reading instruction. The student must
622	continue to be provided with intensive reading instruction until
623	the reading deficiency is remedied.
624	(b)  Beginning with the 2002-2003 school year, if the
625	student's reading deficiency, as identified in paragraph (a), is
626	not remedied by the end of grade 3, as demonstrated by scoring
627	at Level 2 or higher on the statewide assessment test in reading
628	for grade 3, the student must be retained.
629	(b)(c)  The parent of any student who exhibits a
630	substantial deficiency in reading, as described in paragraph
631	(a), must be notified in writing of the following:
632	1.  That his or her child has been identified as having a
633	substantial deficiency in reading.
634	2.  A description of the current services that are provided
635	to the child.
636	3.  A description of the proposed supplemental
637	instructional services and supports that will be provided to the
638	child which that are designed to remediate the identified area
639	of reading deficiency.
640	4.  That if the child's reading deficiency is not
641	remediated by the end of grade 3, the child must be retained
642	unless he or she is exempt from mandatory retention for good
643	cause.
644	4.5.  Strategies for parents to use in helping their child
645	succeed in reading proficiency.
646	5.6.  That the Florida Comprehensive Assessment Test (FCAT)
647	is not the sole determiner of promotion and that additional
648	evaluations, portfolio reviews, and assessments are available to
649	the child to assist parents and the school district in knowing
650	when a child is reading at or above grade level and ready for
651	grade promotion.
652	6.7.  The district's specific criteria and policies for
653	midyear promotion. Midyear promotion means promotion of a
654	retained student at any time during the year of retention once
655	the student has demonstrated ability to read at grade level.
656	(6)  ELIMINATION OF SOCIAL PROMOTION.--
657	(a)  A No student may not be assigned to a grade level
658	based solely on age or other factors that constitute social
659	promotion.
660	(b)  The district school board may only exempt a student
661	students from mandatory retention, as provided in paragraph
662	(5)(b), for good cause. An exemption for good cause exemptions
663	shall be limited to the following:
664	1.  Limited English proficient students who have had less
665	than 2 years of instruction in an English for Speakers of Other
666	Languages program.
667	2.  Students with disabilities whose individual education
668	plan indicates that participation in the statewide assessment
669	program is not appropriate, consistent with the requirements of
670	State Board of Education rule.
671	3.  Students who demonstrate an acceptable level of
672	performance on an alternative standardized reading assessment
673	approved by the State Board of Education.
674	4.  Students who demonstrate, through a student portfolio,
675	that the student is reading on grade level as evidenced by
676	demonstration of mastery of the Sunshine State Standards in
677	reading equal to at least a Level 2 performance on the FCAT.
678	5.  Students with disabilities who participate in the FCAT
679	and who have an individual education plan or a Section 504 plan
680	that reflects that the student has received intensive
681	remediation in reading for more than 2 years but still
682	demonstrates a deficiency in reading and was previously retained
683	in kindergarten, grade 1, grade 2, or grade 3.
684	6.  Students who have received intensive remediation in
685	reading for 2 or more years but still demonstrate a deficiency
686	in reading and who were previously retained in kindergarten,
687	grade 1, grade 2, or grade 3 for a total of 2 years. Intensive
688	reading instruction for students so promoted must include an
689	altered instructional day that includes specialized diagnostic
690	information and specific reading strategies for each student.
691	The district school board shall assist schools and teachers to
692	implement reading strategies that research has shown to be
693	successful in improving reading among low-performing readers.
694	(c)  A request Requests for exemption good cause exemptions
695	for students from the mandatory retention requirement as
696	described in subparagraphs (b)3. and 4. shall be made consistent
697	with the following:
698	1.  Documentation shall be submitted from the student's
699	teacher to the school principal which that indicates that the
700	promotion of the student is appropriate and is based upon the
701	student's academic record. In order to minimize paperwork
702	requirements, such documentation shall consist only of the
703	existing progress monitoring plan, individual educational plan,
704	if applicable, report card, or student portfolio.
705	2.  The school principal shall review and discuss the such
706	recommendation with the teacher and determine make the
707	determination as to whether the student should be promoted or
708	retained. If the school principal determines that the student
709	should be promoted, the school principal shall recommend the
710	promotion make such recommendation in writing to the district
711	school superintendent. The district school superintendent shall
712	accept or reject the school principal's recommendation in
713	writing.
714	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
715	(a)  A student who is Students retained under the
716	provisions of paragraph (5)(b) must be provided intensive
717	interventions in reading to ameliorate the student's specific
718	reading deficiency, as identified by a valid and reliable
719	diagnostic assessment. This intensive intervention must include
720	effective instructional strategies, participation in the school
721	district's summer reading camp, and appropriate teaching
722	methodologies necessary to assist the student those students in
723	becoming a successful reader who is readers, able to read at or
724	above grade level, and ready for promotion to the next grade.
725	(b)  Beginning with the 2004-2005 school year, Each school
726	district shall:
727	1.  Conduct a review of student progress monitoring plans
728	for all students who have not met the proficiency level required
729	did not score above Level 1 on the reading portion of the FCAT
730	and did not meet the criteria for one of the good cause
731	exemptions in paragraph (6)(b). The review must shall address
732	additional supports and services, as described in this
733	subsection, needed to remediate the identified areas of reading
734	deficiency. The school district shall require that a student
735	portfolio to be completed for each such student.
736	2.  Provide a student students who is are retained under
737	the provisions of paragraph (5)(b) with intensive instructional
738	services and supports to remediate the identified areas of
739	reading deficiency, including a minimum of 90 minutes of daily,
740	uninterrupted, scientifically research-based reading instruction
741	and other strategies prescribed by the school district, which
742	may include, but are not limited to:
743	a.  Small group instruction.
744	b.  Reduced teacher-student ratios.
745	c.  More frequent progress monitoring.
746	d.  Tutoring or mentoring.
747	e.  Transitional Transition classes containing students who
748	are in the same grade as the student and students who are in the
749	next grade level containing 3rd and 4th grade students.
750	f.  Extended school day, week, or year.
751	g.  Summer reading camps.
752	3.  Provide written notification to the parent of any
753	student who is retained under the provisions of paragraph (5)(b)
754	that his or her child has not met the proficiency level required
755	for promotion and the reasons the child is not eligible for an a
756	good cause exemption for good cause as provided in paragraph
757	(6)(b). The notification must comply with the provisions of s.
758	1002.20(15) and must include a description of proposed
759	interventions and supports that will be provided to the child to
760	remediate the identified areas of reading deficiency.
761	4.  Implement a policy for the midyear promotion of any
762	student who is retained and under the provisions of paragraph
763	(5)(b) who can demonstrate that he or she is a successful and
764	independent reader, reading at or above grade level, and ready
765	to be promoted to the next grade level to grade 4. Tools that
766	school districts may use in reevaluating any student retained
767	may include subsequent assessments, alternative assessments, and
768	portfolio reviews, in accordance with the rules of the State
769	Board of Education. Students promoted during the school year
770	after November 1 must demonstrate proficiency above that
771	required to score at Level 2 on the grade 3 FCAT, as determined
772	by the State Board of Education. The State Board of Education
773	shall adopt standards that provide a reasonable expectation that
774	the student's progress is sufficient to master appropriate 4th
775	grade level reading skills.
776	5.  Provide a student students who is are retained under
777	the provisions of paragraph (5)(b) with a high-performing
778	teacher as determined by student performance data and above-
779	satisfactory performance appraisals.
780	6.  In addition to required reading enhancement and
781	acceleration strategies, provide parents of students who are to
782	be retained with at least one of the following instructional
783	options:
784	a.  Supplemental tutoring in scientifically research-based
785	reading services in addition to the regular reading block,
786	including tutoring before or and/or after school.
787	b.  A "Read at Home" plan outlined in a parental contract,
788	including participation in "Families Building Better Readers
789	Workshops" and regular parent-guided home reading.
790	c.  A mentor or tutor having with specialized reading
791	training.
792	7.  Establish a Reading Enhancement and Acceleration
793	Development (READ) Initiative. The focus of the READ Initiative
794	shall be to prevent the retention of grade 3 students and to
795	offer intensive accelerated reading instruction to grade 3
796	students who failed to meet standards for promotion to grade 4
797	and to each K-3 student who is assessed as exhibiting a reading
798	deficiency. The READ Initiative shall:
799	a.  Be provided to all K-3 students at risk of retention as
800	identified by the statewide assessment system used in Reading
801	First schools. The assessment must measure phonemic awareness,
802	phonics, fluency, vocabulary, and comprehension.
803	b.  Be provided during regular school hours in addition to
804	the regular reading instruction.
805	c.  Provide a state-identified reading curriculum that has
806	been reviewed by the Florida Center for Reading Research at
807	Florida State University and meets, at a minimum, the following
808	specifications:
809	(I)  Assists a student who is students assessed as
810	exhibiting a reading deficiency in developing the ability to
811	read at grade level.
812	(II)  Provides skill development in phonemic awareness,
813	phonics, fluency, vocabulary, and comprehension.
814	(III)  Provides scientifically based and reliable
815	assessment.
816	(IV)  Provides initial and ongoing analysis of the each
817	student's reading progress.
818	(V)  Is implemented during regular school hours.
819	(VI)  Provides a curriculum in core academic subjects to
820	assist the student in maintaining or meeting proficiency levels
821	for the appropriate grade in all academic subjects.
822	8.  Establish at each school, where applicable, an
823	Intensive Acceleration Class for retained grade 3 students who
824	do not meet the proficiency level required subsequently score at
825	Level 1 on the reading portion of the FCAT. The focus of the
826	Intensive Acceleration Class shall be to increase a child's
827	reading level at least two grade levels in 1 school year. The
828	Intensive Acceleration Class shall:
829	a.  Be provided to any student in grade 3 who does not meet
830	the proficiency level required scores at Level 1 on the reading
831	portion of the FCAT and who was retained in grade 3 the prior
832	year because the student did not meet the proficiency level
833	required of scoring at Level 1 on the reading portion of the
834	FCAT.
835	b.  Have a reduced teacher-student ratio.
836	c.  Provide uninterrupted reading instruction for the
837	majority of student contact time each day and incorporate
838	opportunities to master the appropriate grade level grade 4
839	Sunshine State Standards in other core subject areas.
840	d.  Use a reading program that is scientifically research-
841	based and has proven results in accelerating student reading
842	achievement within the same school year.
843	e.  Provide intensive language and vocabulary instruction
844	using a scientifically research-based program, including use of
845	a speech-language therapist.
846	f.  Include weekly progress monitoring measures to ensure
847	that progress is being made.
848	g.  Report to the Department of Education, in the manner
849	described by the department, the progress of students in the
850	class at the end of the first semester.
851	9.  Report to the State Board of Education, as requested,
852	on the specific intensive reading interventions and supports
853	implemented at the school district level. The Commissioner of
854	Education shall annually prescribe the required components of
855	requested reports.
856	10.  Provide a student who has been retained in grade 3 and
857	has received intensive instructional services but is still not
858	ready for grade promotion, as determined by the school district,
859	the option of being placed in a transitional instructional
860	setting. Such setting shall specifically be designed to produce
861	learning gains sufficient to meet appropriate grade level grade
862	4 performance standards while continuing to remediate the areas
863	of reading deficiency.
864	Section 8.  This act shall take effect July 1, 2009.

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