| 1 | A bill to be entitled |
| 2 | An act relating to student achievement; amending s. |
| 3 | 1003.413, F.S.; redefining the term "secondary school" to |
| 4 | no longer include an elementary school serving students |
| 5 | through grade 6 only; deleting the requirement that the |
| 6 | Commissioner of Education create and implement the |
| 7 | Secondary School Improvement Award Program; amending s. |
| 8 | 1003.4156, F.S.; revising provisions relating to the |
| 9 | general requirements for middle grades promotion; |
| 10 | providing an exception; amending s. 1003.428, F.S.; |
| 11 | revising provisions relating to the general requirements |
| 12 | for high school graduation; providing exceptions; amending |
| 13 | s. 1003.429, F.S.; updating references to general |
| 14 | requirements for high school graduation; revising the |
| 15 | credits for certain courses required under the 3-year |
| 16 | standard college preparatory program which apply to |
| 17 | students who enter grade 9 in the 2009-2010 school year; |
| 18 | amending s. 1003.433, F.S.; providing that a student who |
| 19 | enters middle school at the eighth grade from out of state |
| 20 | or from a foreign country is not required to spend |
| 21 | additional time in school to meet the requirements for |
| 22 | middle grades promotion under certain circumstances; |
| 23 | amending s. 1003.621, F.S.; requiring that the State Board |
| 24 | of Education annually designate districts as academically |
| 25 | high-performing schools districts if certain criteria are |
| 26 | met; revising the information that an academically high- |
| 27 | performing school district must include in its annual |
| 28 | report to the State Board of Education and the |
| 29 | Legislature; amending s. 1008.22, F.S.; providing that |
| 30 | concordant scores earned before taking the grade 10 FCAT |
| 31 | may not be used to qualify for a standard high school |
| 32 | diploma; providing requirements for retake of the |
| 33 | assessment for a student who has not earned passing scores |
| 34 | on the grade 10 FCAT; deleting provisions relating to |
| 35 | concordant scores for the FCAT; amending s. 1008.25, F.S.; |
| 36 | revising annual district school board reporting |
| 37 | requirements relating to student progress; amending s. |
| 38 | 1008.36, F.S.; revising the date for agreement for |
| 39 | distribution of Florida School Recognition Program awards; |
| 40 | providing an effective date. |
| 41 |
|
| 42 | Be It Enacted by the Legislature of the State of Florida: |
| 43 |
|
| 44 | Section 1. Subsections (1) and (5) of section 1003.413, |
| 45 | Florida Statutes, are amended to read: |
| 46 | 1003.413 Florida Secondary School Redesign Act.-- |
| 47 | (1) For purposes of this section, the term "secondary |
| 48 | school" means a school that serves Secondary schools are schools |
| 49 | that primarily serve students in grades 6 through 12. A |
| 50 | secondary school does not include an elementary school serving |
| 51 | students only through grade 6. It is the intent of the |
| 52 | Legislature to provide for secondary school redesign so that |
| 53 | students promoted from the 8th grade have the necessary academic |
| 54 | skills for success in high school and students graduating from |
| 55 | high school have the necessary skills for success in the |
| 56 | workplace and postsecondary education. |
| 57 | (5) The Commissioner of Education shall create and |
| 58 | implement the Secondary School Improvement Award Program to |
| 59 | reward public secondary schools that demonstrate continuous |
| 60 | student academic improvement and show the greatest gains in |
| 61 | student academic achievement in reading and mathematics. |
| 62 | Section 2. Paragraphs (a) and (b) of subsection (1) of |
| 63 | section 1003.4156, Florida Statutes, are amended to read: |
| 64 | 1003.4156 General requirements for middle grades |
| 65 | promotion.-- |
| 66 | (1) Beginning with students entering grade 6 in the 2006- |
| 67 | 2007 school year, promotion from a school composed of middle |
| 68 | grades 6, 7, and 8 requires that: |
| 69 | (a) The student must successfully complete academic |
| 70 | courses as follows: |
| 71 | 1. Three middle school or higher courses in English. These |
| 72 | courses shall emphasize literature, composition, and technical |
| 73 | text. |
| 74 | 2. Three middle school or higher courses in mathematics. |
| 75 | Each middle school must offer at least one high school level |
| 76 | mathematics course for which students may earn high school |
| 77 | credit. |
| 78 | 3. Three middle school or higher courses in social |
| 79 | studies, one semester of which must include the study of state |
| 80 | and federal government and civics education. |
| 81 | 4. Three middle school or higher courses in science. |
| 82 | 5. One course in career and education planning to be |
| 83 | completed in 7th or 8th grade. The course may be taught by any |
| 84 | member of the instructional staff; must include career |
| 85 | exploration using Florida CHOICES for the 21st Century or a |
| 86 | comparable cost-effective program; must include educational |
| 87 | planning using the online student advising system known as |
| 88 | Florida Academic Counseling and Tracking for Students at the |
| 89 | Internet website FACTS.org; and shall result in the completion |
| 90 | of a personalized academic and career plan. |
| 91 |
|
| 92 | Each school must hold a parent meeting either in the evening or |
| 93 | on a weekend to inform parents about the course curriculum and |
| 94 | activities. Each student shall complete an electronic personal |
| 95 | education plan that must be signed by the student; the student's |
| 96 | instructor, guidance counselor, or academic advisor; and the |
| 97 | student's parent. By January 1, 2007, The Department of |
| 98 | Education shall develop course frameworks and professional |
| 99 | development materials for the career exploration and education |
| 100 | planning course. The course may be implemented as a stand-alone |
| 101 | course or integrated into another course or courses. The |
| 102 | Commissioner of Education shall collect longitudinal high school |
| 103 | course enrollment data by student ethnicity in order to analyze |
| 104 | course-taking patterns. |
| 105 | (b) For each year in which a student scores at Level l on |
| 106 | FCAT Reading, the student must be enrolled in and complete an |
| 107 | intensive reading course the following year. Placement of Level |
| 108 | 2 readers in either an intensive reading course or a content |
| 109 | area course in which reading strategies are delivered shall be |
| 110 | determined by diagnosis of reading needs. The department shall |
| 111 | provide guidance on appropriate strategies for diagnosing and |
| 112 | meeting the varying instructional needs of students reading |
| 113 | below grade level. Reading courses shall be designed and offered |
| 114 | pursuant to the comprehensive reading plan required by s. |
| 115 | 1011.62(9). A student who scores at Level 1 or Level 2 on FCAT |
| 116 | Reading, but who did not score below Level 3 on FCAT Reading in |
| 117 | the prior school year, may be exempt from the requirement in |
| 118 | this paragraph if the student demonstrates acceptable |
| 119 | performance on an alternative standardized reading assessment |
| 120 | approved by the State Board of Education. |
| 121 | Section 3. Paragraph (b) of subsection (2) of section |
| 122 | 1003.428, Florida Statutes, is amended to read: |
| 123 | 1003.428 General requirements for high school graduation; |
| 124 | revised.-- |
| 125 | (2) The 24 credits may be earned through applied, |
| 126 | integrated, and combined courses approved by the Department of |
| 127 | Education and shall be distributed as follows: |
| 128 | (b) Eight credits in majors, minors, or electives: |
| 129 | 1. Four credits in a major area of interest, such as |
| 130 | sequential courses in a career and technical program, fine and |
| 131 | performing arts, or academic content area, selected by the |
| 132 | student as part of the education plan required by s. 1003.4156. |
| 133 | Students may revise major areas of interest each year as part of |
| 134 | annual course registration processes and should update their |
| 135 | education plan to reflect such revisions. Annually by October 1, |
| 136 | the district school board shall approve major areas of interest |
| 137 | and submit the list of majors to the Commissioner of Education |
| 138 | for approval. Each major area of interest shall be deemed |
| 139 | approved unless specifically rejected by the commissioner within |
| 140 | 60 days. Upon approval, each district's major areas of interest |
| 141 | shall be available for use by all school districts and shall be |
| 142 | posted on the department's website. |
| 143 | 2. Four credits in elective courses selected by the |
| 144 | student as part of the education plan required by s. 1003.4156. |
| 145 | These credits may be combined to allow for a second major area |
| 146 | of interest pursuant to subparagraph 1., a minor area of |
| 147 | interest, elective courses, or intensive reading or mathematics |
| 148 | intervention courses as described in this subparagraph. |
| 149 | a. Minor areas of interest are composed of three credits |
| 150 | selected by the student as part of the education plan required |
| 151 | by s. 1003.4156 and approved by the district school board. |
| 152 | b. Elective courses are selected by the student in order |
| 153 | to pursue a complete education program as described in s. |
| 154 | 1001.41(3) and to meet eligibility requirements for |
| 155 | scholarships. |
| 156 | c. For each year in which a student scores at Level l on |
| 157 | FCAT Reading, the student must be enrolled in and complete an |
| 158 | intensive reading course the following year. Placement of Level |
| 159 | 2 readers in either an intensive reading course or a content |
| 160 | area course in which reading strategies are delivered shall be |
| 161 | determined by diagnosis of reading needs. The department shall |
| 162 | provide guidance on appropriate strategies for diagnosing and |
| 163 | meeting the varying instructional needs of students reading |
| 164 | below grade level. Reading courses shall be designed and offered |
| 165 | pursuant to the comprehensive reading plan required by s. |
| 166 | 1011.62(9). A student who scores at Level 1 or Level 2 on FCAT |
| 167 | Reading, but who did not score below Level 3 on FCAT Reading in |
| 168 | the prior school year, may be exempt from the requirement in |
| 169 | this sub-subparagraph if the student demonstrates acceptable |
| 170 | performance on an alternative standardized reading assessment |
| 171 | approved by the State Board of Education. The requirements in |
| 172 | this sub-subparagraph do not apply to a student who has earned a |
| 173 | passing score on grade 10 FCAT Reading pursuant to s. |
| 174 | 1008.22(3)(c) or who has achieved a score on a standardized test |
| 175 | which is concordant with a passing score on grade 10 FCAT |
| 176 | Reading pursuant to s. 1008.22(10). |
| 177 | d. For each year in which a student scores at Level 1 or |
| 178 | Level 2 on FCAT Mathematics, the student must receive |
| 179 | remediation the following year. These courses may be taught |
| 180 | through applied, integrated, or combined courses and are subject |
| 181 | to approval by the department for inclusion in the Course Code |
| 182 | Directory. The requirements of this sub-subparagraph do not |
| 183 | apply to a student who has earned a passing score on grade 10 |
| 184 | FCAT Mathematics pursuant to s. 1008.22(3)(c) or who has |
| 185 | achieved a score on a standardized test which is concordant with |
| 186 | a passing score on grade 10 FCAT Mathematics pursuant to s. |
| 187 | 1008.22(10). |
| 188 | Section 4. Subsection (1), paragraph (c) of subsection |
| 189 | (7), and subsection (8) of section 1003.429, Florida Statutes, |
| 190 | are amended to read: |
| 191 | 1003.429 Accelerated high school graduation options.-- |
| 192 | (1) Students who enter grade 9 in the 2006-2007 school |
| 193 | year and thereafter may select, upon receipt of each consent |
| 194 | required by this section, one of the following three high school |
| 195 | graduation options: |
| 196 | (a) Completion of the general requirements for high school |
| 197 | graduation pursuant to s. 1003.428 or s. 1003.43, as applicable; |
| 198 | (b) Completion of a 3-year standard college preparatory |
| 199 | program requiring successful completion of a minimum of 18 |
| 200 | academic credits in grades 9 through 12. At least 6 of the 18 |
| 201 | credits required for completion of this program must be received |
| 202 | in classes that are offered pursuant to the International |
| 203 | Baccalaureate Program, the Advanced Placement Program, dual |
| 204 | enrollment, Advanced International Certificate of Education, or |
| 205 | specifically listed or identified by the Department of Education |
| 206 | as rigorous pursuant to s. 1009.531(3). The 18 credits required |
| 207 | for completion of this program shall be primary requirements and |
| 208 | shall be distributed as follows: |
| 209 | 1. Four credits in English, with major concentration in |
| 210 | composition and literature; |
| 211 | 2. Three credits in mathematics at the Algebra I level or |
| 212 | higher from the list of courses that qualify for state |
| 213 | university admission. Beginning with students who enter grade 9 |
| 214 | in the 2009-2010 school year, four credits in mathematics at the |
| 215 | Algebra I level or higher from the list of courses that qualify |
| 216 | for state university admission; |
| 217 | 3. Three credits in natural science, two of which must |
| 218 | have a laboratory component; |
| 219 | 4. Three credits in social sciences, which must include |
| 220 | one credit in American history, one credit in world history, |
| 221 | one-half credit in American government, and one-half credit in |
| 222 | economics; |
| 223 | 5. Two credits in the same second language unless the |
| 224 | student is a native speaker of or can otherwise demonstrate |
| 225 | competency in a language other than English. If the student |
| 226 | demonstrates competency in another language, the student may |
| 227 | replace the language requirement with two credits in other |
| 228 | academic courses; and |
| 229 | 6. Three credits in electives. Beginning with students who |
| 230 | enter grade 9 in the 2009-2010 school year, two credits in |
| 231 | electives; or |
| 232 | (c) Completion of a 3-year career preparatory program |
| 233 | requiring successful completion of a minimum of 18 academic |
| 234 | credits in grades 9 through 12. The 18 credits shall be primary |
| 235 | requirements and shall be distributed as follows: |
| 236 | 1. Four credits in English, with major concentration in |
| 237 | composition and literature; |
| 238 | 2. Three credits in mathematics, one of which must be |
| 239 | Algebra I; |
| 240 | 3. Three credits in natural science, two of which must |
| 241 | have a laboratory component; |
| 242 | 4. Three credits in social sciences, which must include |
| 243 | one credit in American history, one credit in world history, |
| 244 | one-half credit in American government, and one-half credit in |
| 245 | economics; |
| 246 | 5. Three credits in a single vocational or career |
| 247 | education program, three credits in career and technical |
| 248 | certificate dual enrollment courses, or five credits in |
| 249 | vocational or career education courses; and |
| 250 | 6. Two credits in electives unless five credits are earned |
| 251 | pursuant to subparagraph 5. |
| 252 |
|
| 253 | Any student who selected an accelerated graduation program |
| 254 | before July 1, 2004, may continue that program, and all |
| 255 | statutory program requirements that were applicable when the |
| 256 | student made the program choice shall remain applicable to the |
| 257 | student as long as the student continues that program. |
| 258 | (7) If, at the end of grade 10, a student is not on track |
| 259 | to meet the credit, assessment, or grade-point-average |
| 260 | requirements of the accelerated graduation option selected, the |
| 261 | school shall notify the student and parent of the following: |
| 262 | (c) The right of the student to change to the 4-year |
| 263 | program set forth in s. 1003.428 or s. 1003.43, as applicable. |
| 264 | (8) A student who selected one of the accelerated 3-year |
| 265 | graduation options shall automatically move to the 4-year |
| 266 | program set forth in s. 1003.428 or s. 1003.43, as applicable, |
| 267 | if the student: |
| 268 | (a) Exercises his or her right to change to the 4-year |
| 269 | program; |
| 270 | (b) Fails to earn 5 credits by the end of grade 9 or fails |
| 271 | to earn 11 credits by the end of grade 10; |
| 272 | (c) Does not achieve a score of 3 or higher on the grade |
| 273 | 10 FCAT Writing assessment; or |
| 274 | (d) By the end of grade 11 does not meet the requirements |
| 275 | of subsections (1) and (6). |
| 276 | Section 5. Section 1003.433, Florida Statutes, is amended |
| 277 | to read: |
| 278 | 1003.433 Learning opportunities for out-of-state and out- |
| 279 | of-country transfer students and students needing additional |
| 280 | instruction to meet middle grades promotion or high school |
| 281 | graduation requirements.-- |
| 282 | (1) Students who enter a Florida public middle school at |
| 283 | the eighth grade from out of state or from a foreign country |
| 284 | shall not be required to spend additional time in a Florida |
| 285 | public school in order to meet the middle grades promotion |
| 286 | requirements if the student has met all requirements of the |
| 287 | school district, state, or country from which he or she is |
| 288 | transferring. Such students who are not proficient in English |
| 289 | should receive immediate and intensive instruction in English |
| 290 | language acquisition. |
| 291 | (2)(1) Students who enter a Florida public school at the |
| 292 | eleventh or twelfth grade from out of state or from a foreign |
| 293 | country shall not be required to spend additional time in a |
| 294 | Florida public school in order to meet the high school course |
| 295 | requirements if the student has met all requirements of the |
| 296 | school district, state, or country from which he or she is |
| 297 | transferring. Such students who are not proficient in English |
| 298 | should receive immediate and intensive instruction in English |
| 299 | language acquisition. However, to receive a standard high school |
| 300 | diploma, a transfer student must earn a 2.0 grade point average |
| 301 | and pass the grade 10 FCAT required in s. 1008.22(3) or an |
| 302 | alternate assessment as described in s. 1008.22(10). |
| 303 | (3)(2) Students who have met all requirements for the |
| 304 | standard high school diploma except for passage of the grade 10 |
| 305 | FCAT or an alternate assessment by the end of grade 12 must be |
| 306 | provided the following learning opportunities: |
| 307 | (a) Participation in an accelerated high school |
| 308 | equivalency diploma preparation program during the summer. |
| 309 | (b) Upon receipt of a certificate of completion, be |
| 310 | allowed to take the College Placement Test and be admitted to |
| 311 | remedial or credit courses at a state community college, as |
| 312 | appropriate. |
| 313 | (c) Participation in an adult general education program as |
| 314 | provided in s. 1004.93 for such time as the student requires to |
| 315 | master English, reading, mathematics, or any other subject |
| 316 | required for high school graduation. Students attending adult |
| 317 | basic, adult secondary, or vocational-preparatory instruction |
| 318 | are exempt from any requirement for the payment of tuition and |
| 319 | fees, including lab fees, pursuant to s. 1009.25. A student |
| 320 | attending an adult general education program shall have the |
| 321 | opportunity to take the grade 10 FCAT an unlimited number of |
| 322 | times in order to receive a standard high school diploma. |
| 323 | (4)(3) Students who have been enrolled in an ESOL program |
| 324 | for less than 2 school years and have met all requirements for |
| 325 | the standard high school diploma except for passage of the grade |
| 326 | 10 FCAT or alternate assessment may receive immersion English |
| 327 | language instruction during the summer following their senior |
| 328 | year. Students receiving such instruction are eligible to take |
| 329 | the FCAT or alternate assessment and receive a standard high |
| 330 | school diploma upon passage of the grade 10 FCAT or the |
| 331 | alternate assessment. This subsection shall be implemented to |
| 332 | the extent funding is provided in the General Appropriations |
| 333 | Act. |
| 334 | (5)(4) The district school superintendent shall be |
| 335 | responsible for notifying all students of the consequences of |
| 336 | failure to receive a standard high school diploma, including the |
| 337 | potential ineligibility for financial assistance at |
| 338 | postsecondary educational institutions. |
| 339 | (6)(5) The State Board of Education may adopt rules |
| 340 | pursuant to ss. 120.536(1) and 120.54 to administer this |
| 341 | section. |
| 342 | Section 6. Subsection (1) and paragraph (f) of subsection |
| 343 | (4) of section 1003.621, Florida Statutes, are amended to read: |
| 344 | 1003.621 Academically high-performing school |
| 345 | districts.--It is the intent of the Legislature to recognize and |
| 346 | reward school districts that demonstrate the ability to |
| 347 | consistently maintain or improve their high-performing status. |
| 348 | The purpose of this section is to provide high-performing school |
| 349 | districts with flexibility in meeting the specific requirements |
| 350 | in statute and rules of the State Board of Education. |
| 351 | (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.-- |
| 352 | (a) The State Board of Education shall annually designate |
| 353 | a school district as is an academically high-performing school |
| 354 | district if the district it meets the following criteria: |
| 355 | 1.a. Beginning with the 2004-2005 school year, earns a |
| 356 | grade of "A" under s. 1008.34(7) for 2 consecutive years; and |
| 357 | b. Has no district-operated school that earns a grade of |
| 358 | "F" under s. 1008.34; |
| 359 | 2. Complies with all class size requirements in s. 1, Art. |
| 360 | IX of the State Constitution and s. 1003.03; and |
| 361 | 3. Has no material weaknesses or instances of material |
| 362 | noncompliance noted in the annual financial audit conducted |
| 363 | pursuant to s. 218.39. |
| 364 | (b) Each school district that satisfies the eligibility |
| 365 | criteria in this subsection shall be designated by The State |
| 366 | Board of Education shall designate a school district as an |
| 367 | academically high-performing school district at the next State |
| 368 | Board of Education meeting occurring on or after February 1 of |
| 369 | each year. The designation is effective beginning with the |
| 370 | following school year and remains effective through the entire |
| 371 | school year. With the exception of the statutes listed in |
| 372 | subsection (2), upon designation as an academically high- |
| 373 | performing school district, each such district is exempt from |
| 374 | the provisions in chapters 1000-1013 which pertain to school |
| 375 | districts and rules of the State Board of Education which |
| 376 | implement these exempt provisions. This exemption remains in |
| 377 | effect during the time of the designation if the district |
| 378 | continues to meet all eligibility criteria. |
| 379 | (c) The academically high-performing school district shall |
| 380 | retain the designation as a high-performing school district for |
| 381 | 3 years, at the end of which time the district may renew the |
| 382 | designation if the district meets the requirements in this |
| 383 | section. A school district that fails to meet the requirements |
| 384 | in this section shall provide written notification to the State |
| 385 | Board of Education that the district is no longer eligible to be |
| 386 | designated as an academically high-performing school district. |
| 387 | (c)(d) In order to annually maintain the designation as an |
| 388 | academically high-performing school district pursuant to this |
| 389 | section, a school district must meet the following requirements: |
| 390 | 1. Comply with the provisions of sub-subparagraph (a)1.b. |
| 391 | and subparagraphs(a)2. and 3.; and |
| 392 | 2. Earn a grade of "A" under s. 1008.34(7) for 2 years |
| 393 | within a 3-year period. |
| 394 |
|
| 395 | However, a district in which a district-operated school earns a |
| 396 | grade of "F" under s. 1008.34 during the 3-year period may not |
| 397 | continue to be designated as an academically high-performing |
| 398 | school district during the remainder of that 3-year period. The |
| 399 | district must meet the criteria in paragraph (a) in order to be |
| 400 | redesignated as an academically high-performing school district. |
| 401 | (4) REPORTS.--The academically high-performing school |
| 402 | district shall submit to the State Board of Education and the |
| 403 | Legislature an annual report on December 1 which delineates the |
| 404 | performance of the school district relative to the academic |
| 405 | performance of students at each grade level in reading, writing, |
| 406 | mathematics, science, and any other subject that is included as |
| 407 | a part of the statewide assessment program in s. 1008.22. The |
| 408 | annual report shall be submitted in a format prescribed by the |
| 409 | Department of Education and shall include, but need not be |
| 410 | limited to, the following: |
| 411 | (f) A description of each statute and rule that the |
| 412 | district did not comply with pursuant to paragraph (1)(b) and |
| 413 | the effect that the exemption had upon the district's ability to |
| 414 | consistently maintain or improve its high-performing status |
| 415 | waiver and the status of each waiver. |
| 416 | Section 7. Paragraph (c) of subsection (3) and paragraphs |
| 417 | (b) and (c) of subsection (10) of section 1008.22, Florida |
| 418 | Statutes, are amended to read: |
| 419 | 1008.22 Student assessment program for public schools.-- |
| 420 | (3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall |
| 421 | design and implement a statewide program of educational |
| 422 | assessment that provides information for the improvement of the |
| 423 | operation and management of the public schools, including |
| 424 | schools operating for the purpose of providing educational |
| 425 | services to youth in Department of Juvenile Justice programs. |
| 426 | The commissioner may enter into contracts for the continued |
| 427 | administration of the assessment, testing, and evaluation |
| 428 | programs authorized and funded by the Legislature. Contracts may |
| 429 | be initiated in 1 fiscal year and continue into the next and may |
| 430 | be paid from the appropriations of either or both fiscal years. |
| 431 | The commissioner is authorized to negotiate for the sale or |
| 432 | lease of tests, scoring protocols, test scoring services, and |
| 433 | related materials developed pursuant to law. Pursuant to the |
| 434 | statewide assessment program, the commissioner shall: |
| 435 | (c) Develop and implement a student achievement testing |
| 436 | program known as the Florida Comprehensive Assessment Test |
| 437 | (FCAT) as part of the statewide assessment program to measure a |
| 438 | student's content knowledge and skills in reading, writing, |
| 439 | science, and mathematics. Other content areas may be included as |
| 440 | directed by the commissioner. Comprehensive assessments of |
| 441 | reading and mathematics shall be administered annually in grades |
| 442 | 3 through 10. Comprehensive assessments of writing and science |
| 443 | shall be administered at least once at the elementary, middle, |
| 444 | and high school levels. End-of-course assessments for a subject |
| 445 | may be administered in addition to the comprehensive assessments |
| 446 | required for that subject under this paragraph. An end-of-course |
| 447 | assessment must be rigorous, statewide, standardized, and |
| 448 | developed or approved by the department. The content knowledge |
| 449 | and skills assessed by comprehensive and end-of-course |
| 450 | assessments must be aligned to the core curricular content |
| 451 | established in the Sunshine State Standards. The commissioner |
| 452 | may select one or more nationally developed comprehensive |
| 453 | examinations, which may include, but need not be limited to, |
| 454 | examinations for a College Board Advanced Placement course, |
| 455 | International Baccalaureate course, or Advanced International |
| 456 | Certificate of Education course or industry-approved |
| 457 | examinations to earn national industry certifications as defined |
| 458 | in s. 1003.492, for use as end-of-course assessments under this |
| 459 | paragraph, if the commissioner determines that the content |
| 460 | knowledge and skills assessed by the examinations meet or exceed |
| 461 | the grade level expectations for the core curricular content |
| 462 | established for the course in the Next Generation Sunshine State |
| 463 | Standards. The commissioner may collaborate with the American |
| 464 | Diploma Project in the adoption or development of rigorous end- |
| 465 | of-course assessments that are aligned to the Next Generation |
| 466 | Sunshine State Standards. The testing program must be designed |
| 467 | as follows: |
| 468 | 1. The tests shall measure student skills and competencies |
| 469 | adopted by the State Board of Education as specified in |
| 470 | paragraph (a). The tests must measure and report student |
| 471 | proficiency levels of all students assessed in reading, writing, |
| 472 | mathematics, and science. The commissioner shall provide for the |
| 473 | tests to be developed or obtained, as appropriate, through |
| 474 | contracts and project agreements with private vendors, public |
| 475 | vendors, public agencies, postsecondary educational |
| 476 | institutions, or school districts. The commissioner shall obtain |
| 477 | input with respect to the design and implementation of the |
| 478 | testing program from state educators, assistive technology |
| 479 | experts, and the public. |
| 480 | 2. The testing program shall be composed of criterion- |
| 481 | referenced tests that shall, to the extent determined by the |
| 482 | commissioner, include test items that require the student to |
| 483 | produce information or perform tasks in such a way that the core |
| 484 | content knowledge and skills he or she uses can be measured. |
| 485 | 3. Beginning with the 2008-2009 school year, the |
| 486 | commissioner shall discontinue administration of the selected- |
| 487 | response test items on the comprehensive assessments of writing. |
| 488 | Beginning with the 2012-2013 school year, the comprehensive |
| 489 | assessments of writing shall be composed of a combination of |
| 490 | selected-response test items, short-response performance tasks, |
| 491 | and extended-response performance tasks, which shall measure a |
| 492 | student's content knowledge of writing, including, but not |
| 493 | limited to, paragraph and sentence structure, sentence |
| 494 | construction, grammar and usage, punctuation, capitalization, |
| 495 | spelling, parts of speech, verb tense, irregular verbs, subject- |
| 496 | verb agreement, and noun-pronoun agreement. |
| 497 | 4. A score shall be designated for each subject area |
| 498 | tested, below which score a student's performance is deemed |
| 499 | inadequate. The school districts shall provide appropriate |
| 500 | remedial instruction to students who score below these levels. |
| 501 | 5. Except as provided in s. 1003.428(8)(b) or s. |
| 502 | 1003.43(11)(b), students must earn a passing score on the grade |
| 503 | 10 assessment test described in this paragraph or attain |
| 504 | concordant scores as described in subsection (10) in reading, |
| 505 | writing, and mathematics to qualify for a standard high school |
| 506 | diploma. Concordant scores earned before taking the grade 10 |
| 507 | FCAT for the first time in grade 10 may not be used to satisfy |
| 508 | the requirement in this subparagraph. The State Board of |
| 509 | Education shall designate a passing score for each part of the |
| 510 | grade 10 assessment test. In establishing passing scores, the |
| 511 | state board shall consider any possible negative impact of the |
| 512 | test on minority students. The State Board of Education shall |
| 513 | adopt rules which specify the passing scores for the grade 10 |
| 514 | FCAT. Any such rules, which have the effect of raising the |
| 515 | required passing scores, shall apply only to students taking the |
| 516 | grade 10 FCAT for the first time after such rules are adopted by |
| 517 | the State Board of Education. |
| 518 | 6. Participation in the testing program is mandatory for |
| 519 | all students attending public school, including students served |
| 520 | in Department of Juvenile Justice programs, except as otherwise |
| 521 | prescribed by the commissioner. A student who has not earned |
| 522 | passing scores on the grade 10 assessment as provided in |
| 523 | subparagraph 5. must participate in each retake of the |
| 524 | assessment until the student earns a passing score or achieves a |
| 525 | score on a standardized assessment which is concordant with |
| 526 | passing scores pursuant to subsection (10). If a student does |
| 527 | not participate in the statewide assessment, the district must |
| 528 | notify the student's parent and provide the parent with |
| 529 | information regarding the implications of such nonparticipation. |
| 530 | A parent must provide signed consent for a student to receive |
| 531 | classroom instructional accommodations that would not be |
| 532 | available or permitted on the statewide assessments and must |
| 533 | acknowledge in writing that he or she understands the |
| 534 | implications of such instructional accommodations. The State |
| 535 | Board of Education shall adopt rules, based upon recommendations |
| 536 | of the commissioner, for the provision of test accommodations |
| 537 | for students in exceptional education programs and for students |
| 538 | who have limited English proficiency. Accommodations that negate |
| 539 | the validity of a statewide assessment are not allowable in the |
| 540 | administration of the FCAT. However, instructional |
| 541 | accommodations are allowable in the classroom if included in a |
| 542 | student's individual education plan. Students using |
| 543 | instructional accommodations in the classroom that are not |
| 544 | allowable as accommodations on the FCAT may have the FCAT |
| 545 | requirement waived pursuant to the requirements of s. |
| 546 | 1003.428(8)(b) or s. 1003.43(11)(b). |
| 547 | 7. A student seeking an adult high school diploma must |
| 548 | meet the same testing requirements that a regular high school |
| 549 | student must meet. |
| 550 | 8. District school boards must provide instruction to |
| 551 | prepare students to demonstrate proficiency in the core |
| 552 | curricular content established in the Next Generation Sunshine |
| 553 | State Standards adopted under s. 1003.41, including the core |
| 554 | content knowledge and skills necessary for successful grade-to- |
| 555 | grade progression and high school graduation. If a student is |
| 556 | provided with instructional accommodations in the classroom that |
| 557 | are not allowable as accommodations in the statewide assessment |
| 558 | program, as described in the test manuals, the district must |
| 559 | inform the parent in writing and must provide the parent with |
| 560 | information regarding the impact on the student's ability to |
| 561 | meet expected proficiency levels in reading, writing, and |
| 562 | mathematics. The commissioner shall conduct studies as necessary |
| 563 | to verify that the required core curricular content is part of |
| 564 | the district instructional programs. |
| 565 | 9. District school boards must provide opportunities for |
| 566 | students to demonstrate an acceptable level of performance on an |
| 567 | alternative standardized assessment approved by the State Board |
| 568 | of Education following enrollment in summer academies. |
| 569 | 10. The Department of Education must develop, or select, |
| 570 | and implement a common battery of assessment tools that will be |
| 571 | used in all juvenile justice programs in the state. These tools |
| 572 | must accurately measure the core curricular content established |
| 573 | in the Sunshine State Standards. |
| 574 | 11. For students seeking a special diploma pursuant to s. |
| 575 | 1003.438, the Department of Education must develop or select and |
| 576 | implement an alternate assessment tool that accurately measures |
| 577 | the core curricular content established in the Sunshine State |
| 578 | Standards for students with disabilities under s. 1003.438. |
| 579 | 12. The Commissioner of Education shall establish |
| 580 | schedules for the administration of statewide assessments and |
| 581 | the reporting of student test results. The commissioner shall, |
| 582 | by August 1 of each year, notify each school district in writing |
| 583 | and publish on the department's Internet website the testing and |
| 584 | reporting schedules for, at a minimum, the school year following |
| 585 | the upcoming school year. The testing and reporting schedules |
| 586 | shall require that: |
| 587 | a. There is the latest possible administration of |
| 588 | statewide assessments and the earliest possible reporting to the |
| 589 | school districts of student test results which is feasible |
| 590 | within available technology and specific appropriations; |
| 591 | however, test results must be made available no later than the |
| 592 | final day of the regular school year for students. |
| 593 | b. Beginning with the 2010-2011 school year, a |
| 594 | comprehensive statewide assessment of writing is not |
| 595 | administered earlier than the week of March 1 and a |
| 596 | comprehensive statewide assessment of any other subject is not |
| 597 | administered earlier than the week of April 15. |
| 598 | c. A statewide standardized end-of-course assessment is |
| 599 | administered within the last 2 weeks of the course. |
| 600 |
|
| 601 | The commissioner may, based on collaboration and input from |
| 602 | school districts, design and implement student testing programs, |
| 603 | for any grade level and subject area, necessary to effectively |
| 604 | monitor educational achievement in the state, including the |
| 605 | measurement of educational achievement of the Sunshine State |
| 606 | Standards for students with disabilities. Development and |
| 607 | refinement of assessments shall include universal design |
| 608 | principles and accessibility standards that will prevent any |
| 609 | unintended obstacles for students with disabilities while |
| 610 | ensuring the validity and reliability of the test. These |
| 611 | principles should be applicable to all technology platforms and |
| 612 | assistive devices available for the assessments. The field |
| 613 | testing process and psychometric analyses for the statewide |
| 614 | assessment program must include an appropriate percentage of |
| 615 | students with disabilities and an evaluation or determination of |
| 616 | the effect of test items on such students. |
| 617 | (10) CONCORDANT SCORES FOR THE FCAT.-- |
| 618 | (b) In order to use a concordant subject area score |
| 619 | pursuant to this subsection to satisfy the assessment |
| 620 | requirement for a standard high school diploma as provided in s. |
| 621 | 1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must |
| 622 | take each subject area of the grade 10 FCAT a total of three |
| 623 | times without earning a passing score. The requirements of this |
| 624 | paragraph shall not apply to a new student who enters the |
| 625 | Florida public school system in grade 12, who may either achieve |
| 626 | a passing score on the FCAT or use an approved subject area |
| 627 | concordant score to fulfill the graduation requirement. |
| 628 | (b)(c) The State Board of Education may define by rule the |
| 629 | allowable uses, other than to satisfy the high school graduation |
| 630 | requirement, for concordant scores as described in this |
| 631 | subsection. Such uses may include, but need not be limited to, |
| 632 | achieving appropriate standardized test scores required for the |
| 633 | awarding of Florida Bright Futures Scholarships and college |
| 634 | placement. |
| 635 | Section 8. Paragraph (b) of subsection (8) of section |
| 636 | 1008.25, Florida Statutes, is amended to read: |
| 637 | 1008.25 Public school student progression; remedial |
| 638 | instruction; reporting requirements.-- |
| 639 | (8) ANNUAL REPORT.-- |
| 640 | (b) Each district school board must annually publish in |
| 641 | the local newspaper or on the district school board's Internet |
| 642 | website, and report in writing to the State Board of Education |
| 643 | by October 1 September 1 of each year, the following information |
| 644 | on the prior school year: |
| 645 | 1. The provisions of this section relating to public |
| 646 | school student progression and the district school board's |
| 647 | policies and procedures on student retention and promotion. |
| 648 | 2. By grade, the number and percentage of all students in |
| 649 | grades 3 through 10 performing at Levels 1 and 2 on the reading |
| 650 | portion of the FCAT. |
| 651 | 3. By grade, the number and percentage of all students |
| 652 | retained in grades 3 through 10. |
| 653 | 4. Information on the total number of students who were |
| 654 | promoted for good cause, by each category of good cause as |
| 655 | specified in paragraph (6)(b). |
| 656 | 5. Any revisions to the district school board's policy on |
| 657 | student retention and promotion from the prior year. |
| 658 | Section 9. Subsection (4) of section 1008.36, Florida |
| 659 | Statutes, is amended to read: |
| 660 | 1008.36 Florida School Recognition Program.-- |
| 661 | (4) All selected schools shall receive financial awards |
| 662 | depending on the availability of funds appropriated and the |
| 663 | number and size of schools selected to receive an award. Funds |
| 664 | must be distributed to the school's fiscal agent and placed in |
| 665 | the school's account and must be used for purposes listed in |
| 666 | subsection (5) as determined jointly by the school's staff and |
| 667 | school advisory council. If school staff and the school advisory |
| 668 | council cannot reach agreement by February 1 November 1, the |
| 669 | awards must be equally distributed to all classroom teachers |
| 670 | currently teaching in the school. |
| 671 |
|
| 672 | Notwithstanding statutory provisions to the contrary, incentive |
| 673 | awards are not subject to collective bargaining. |
| 674 | Section 10. This act shall take effect July 1, 2009. |